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

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

Vol. 149 WASHINGTON, MONDAY, OCTOBER 27, 2003 No. 152 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, October 28, 2003, at 12:30 p.m. Senate MONDAY, OCTOBER 27, 2003

The Senate met at 12 noon and was RECOGNITION OF THE MAJORITY net tax moratorium legislation has called to order by the president pro LEADER been discussed as a possibility for this tempore (Mr. STEVENS). The PRESIDENT pro tempore. The week. I do hope Members will be able The PRESIDENT pro tempore. Our majority leader is recognized. to work out any differences on that guest Chaplain today is the Chaplain of bill. We will need to address this bill the House of Representatives, the Rev. f soon due to the existing expiration of Daniel P. Coughlin, who will lead us in SCHEDULE that moratorium. Healthy Forests continues to remain prayer. Mr. FRIST. Mr. President, today the a challenge. There had been an initial Senate will resume consideration of PRAYER hope for an agreement to move forward the Foreign Operations appropriations The guest Chaplain offered the fol- on this bill with amendments that measure. Senator MCCONNELL and the lowing prayer: would be relevant. However, we have ranking member will be available to not been able to have an agreement Let us pray. discuss and debate amendments. There Father of all and Creator of the reached on the relevancy of those is an expectation that this bill can be whole world, fill our Nation with Your amendments, and we will have to con- completed in short order. Therefore, if peace and Your blessings, Your splen- sider other options. Members do intend to offer amend- dor of virtues and surpassing gifts. The CARE Act is still sitting at the ments, they should contact the cloak- By Your direction, the heavens are in desk ready for conference, but, once room soon so they are not precluded by motion. Day and night fulfill the again, there is an outstanding objec- a unanimous consent agreement. course You have set. The Sun, the tion to that procedure. I mentioned at As a reminder, at 5:30 p.m. today, the Moon, and the choir of stars revolve in the end of last week and will mention Senate will conduct a cloture vote with harmony at Your command on their again, the gun liability measure is one respect to the nomination of Michael appointed paths. By Your will, the that should be considered before we Leavitt to be Administrator of the En- Earth blossoms in full seasons—spring, close out this session. Again, we will be vironmental Protection Agency. That summer, autumn and winter—following looking for time to do just that. rollcall vote will be the first vote of to- one another all in proper order. As mentioned on the floor at the end day’s session. I do anticipate we will be Guide the Members of the Senate of last week, we expect to be dealing able to invoke cloture and, therefore, today and all the workings of our Gov- with the appropriations bills for the would like to complete this nomina- ernment, that the harmony of nature most part over the course of the day tion procedure at some point tonight. may pattern American life and a new and spending the early or very late For the remainder of the week, we order be established in the community afternoons and early evenings address- will consider and complete the appro- of nations. ing these other very important meas- This we ask in Your holy name. priations bills that are available. I will ures. There may be exceptions to that Amen. be discussing with Senator STEVENS as issues present themselves, but it the remaining appropriations process. will be important for us to continue a f This week, we will also be addressing dual-tracking approach as agreed to on PLEDGE OF ALLEGIANCE any appropriations conference reports both sides of the aisle to address the The PRESIDENT pro tempore led the that are made available. important issues that must be ad- Pledge of Allegiance, as follows: In addition to these bills, the Senate dressed. I pledge allegiance to the Flag of the must still act on the fair credit report- As we know and will see later this United States of America, and to the Repub- ing bill. I look forward to the first op- afternoon and evening, nominations lic for which it stands, one nation under God, portunity to bring that bill to the are critically important. They are al- indivisible, with liberty and justice for all. floor, most likely this week. The Inter- ways a focus. Tonight’s vote shows the

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

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VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.000 S27PT1 S13234 CONGRESSIONAL RECORD — SENATE October 27, 2003 challenge we have on each and every censed practical nurses, and on cer- committing to use billions for hands-on one of these executive nominations, as tified nursing assistants. These are the direct care to their residents. Today I well as all of the judicial nominations. people who touch the nursing home applaud them, I thank them, and I look I will continue to look for ways to give residents’ lives most directly, and they forward to more such agreements, all the executive nominations their due are the backbone of the nursing home in the name of making sure that there process—an up-or-down vote on the system of quality care if there is going is quality of care at the nursing homes Senate floor. Again, this is with re- to be quality care. of America. spect to both executive nominations Moreover, by committing to use I yield the floor. and judicial nominations. these funds for hands-on direct care, f The list I have just mentioned is these providers are acknowledging that FOREIGN OPERATIONS, EXPORT lengthy in part, but it is within reason. more hands-on direct care will help to FINANCING, AND RELATED PRO- We can complete these issues, and we continue improving the quality of care GRAMS APPROPRIATIONS ACT, will do our very best to complete all provided nursing home residents. 2004 these issues, including the appropria- I first got involved in the nursing tions process, including the Energy home quality of care issue in 1997 when The PRESIDING OFFICER (Mr. AL- conference report, including the Medi- I chaired the Special Committee on LARD). Under the previous order, the care prescription drug conference re- Aging. There was, at that time, con- Senate will resume consideration of port, before we leave. It is going to re- cern about thousands of deaths in the H.R. 2800, which the clerk will report. quire working together. It will require State of California due to dehydration, The assistant legislative clerk read a lot of cooperation on both sides of malnutrition, bed sores, and a lot of as follows: the aisle to accomplish that. other conditions that indicate lack of A bill (H.R. 2800) making appropriations With that cooperation, with the ex- concern, lack of quality of care. This for foreign operations, export financing, and pectation we can work hand in hand on may have been just in the State of related programs for the fiscal year ending these issues, we will be able to still ad- California, but it was probably also September 30, 2004, and for other purposes. journ in a timely way this year. true of other States. These were Pending: Mr. President, I suggest the absence brought to my attention at that par- DeWine amendment No. 1966, to increase of a quorum. ticular time. assistance to combat HIV/AIDS. The PRESIDENT pro tempore. The At that time I seized the opportunity Mr. GRASSLEY. Mr. President, I to expose the sad state of affairs in too clerk will call the roll. suggest the absence of a quorum. The assistant legislative clerk pro- many nursing homes across the Nation. The PRESIDING OFFICER. The In 1998, the picture wasn’t pretty. The ceeded to call the roll. clerk will call the roll. Mr. GRASSLEY. Mr. President, I ask General Accounting Office said there The assistant legislative clerk pro- were serious quality care problems in unanimous consent the order for the ceeded to call the roll. about 30 percent of California’s nursing quorum call be rescinded. Mr. MCCONNELL. Mr. President, I homes. That report inaugurated a new The PRESIDENT pro tempore. With- ask unanimous consent that the order and targeted effort to improve the out objection, it is so ordered. for the quorum call be rescinded. quality of care in nursing facilities, Mr. GRASSLEY. Mr. President, I The PRESIDING OFFICER. Without and the quality of oversight and en- would like to speak for 6 or 7 minutes objection, it is so ordered. forcement by responsible State and as in morning business. I ask unani- AMENDMENT NO. 1968 Federal agencies. mous consent to do that. Since 1998, there have been about 17 Mr. MCCONNELL. Mr. President, I The PRESIDENT pro tempore. With- General Accounting Office studies on have a series of cleared amendments to out objection, it is so ordered. nursing homes, and even more if you the pending measure, the foreign oper- f count the work done by the Office of ations bill, which I send to the desk FUNDS FOR NURSING HOMES Inspector General at the Department of and ask for their immediate consider- Health and Human Services. Improving ation. Mr. GRASSLEY. Mr. President, the quality of care provided in nursing The PRESIDING OFFICER. The today I would like to announce a sig- homes is of paramount concern to all clerk will report. nificant achievement for this Congress, of us. At the same time, we must rec- The assistant legislative clerk read for the nursing home community, and ognize that not all nursing homes are as follows: for nursing home residents throughout bad actors. Unfortunately, those who The Senator from Kentucky [Mr. MCCON- the United States. I announce that the are cast the entire community in a bad NELL], for himself and Mr. LEAHY, proposes nursing home community committed light. an amendment numbered 1968. itself to spending about $4 billion over Over the years in fighting the battle Mr. MCCONNELL. Mr. President, I the next decade to direct care and serv- to improve care in nursing homes I ask unanimous consent that reading of ices for all patients in skilled nursing have come to learn two very important the amendment be dispensed with. facilities. realities about providing quality care The PRESIDING OFFICER. Without This past August, the Centers for to one of our most vulnerable popu- objection, it is so ordered. Medicare and Medicaid Services cor- lations. The first reality is that there (The amendment is printed in today’s rected for errors in rate calculations is no quick fix that will cure the prob- RECORD under ‘‘Text of Amendments.’’) and adjusted Medicare payments to lem. There is no law, no penalty, no Mr. MCCONNELL. Mr. President, I nursing homes by 3.26 percent. I ap- guidance that will eliminate the prob- urge we adopt these amendments en proached the nursing home community lem. bloc. and asked that they use a substantial The second reality is that we need The PRESIDING OFFICER. Is there portion of those funds for direct, the will to direct Federal funds right further debate? hands-on care to residents. They not where they are most needed, to those Without objection, the amendment is only agreed, but they committed their hands-on professionals who feed, bathe, agreed to. agreement to writing. and turn the residents of a nursing The amendment (No. 1968) was agreed The American Health Care Associa- home. That is what we have done here to. tion, the Alliance for Quality Nursing with this agreement among these var- Mr. MCCONNELL. I move to recon- Home Care, the American Association ious professional and trade associa- sider the vote and I move to lay that of Homes and Services for the Aging, tions. We worked hand in glove with motion on the table. the American Health Quality Associa- these associations of the nursing home The motion to lay on the table was tion, and the American Hospital Asso- community, a community that pro- agreed to. ciation all have agreed to spend a large vided me their written commitment to Mr. MCCONNELL. Mr. President, I portion of the increase in funding from use real money to improve the plight of wish to take a moment to explain an that 3.26-percent adjustment formula nursing home residents. amendment that was in the package I for direct hands-on care to residents, The nursing home community put just sent forward: Conditioning assist- specifically on registered nurses, li- their money where their mouth is by ance to Malaysia on a determination

VerDate jul 14 2003 02:00 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.002 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13235 by the Secretary of State that the Gov- many newspapers are owned by the tor, Tom Ridge, from the Congress and ernment of Malaysia supports and pro- Jews. They only see that angle and the public. Senator STEVENS and I at motes religious freedoms, including they have a powerful influence over the that time wrote to the White House, tolerance for people of the Jewish thinking of many people.’’ and we wrote repeatedly, seeking testi- faith. Mahathir himself has influence over mony from Mr. Ridge. But he was not On October 16—just very recently— the thinking of many people. My ad- allowed to testify before the Appropria- Malaysian Prime Minister Mahathir vice is that in the future he should tions Committee or any other congres- Mohamed delivered a speech before the think before he speaks. sional committees. Tenth Islamic Summit Conference in Let me close by encouraging Prime For 14 months, the actions of our Malaysia during which he made incred- Minister Mahathir to unconditionally chief homeland security officer, Mr. ible anti-Semitic comments. release former Deputy Prime Minister Tom Ridge, were hidden from the pub- Let me just give you a direct quote Anwar Ibrahim before stepping down lic. Not until the Congress forced the from what the Prime Minister of Ma- from office later this month. This in- hand of the administration did the laysia had to say. Incredibly, here is justice has gone on for far too long. President acknowledge the dangers of what he said: Mr. President, I suggest the absence such a situation. To end the stalemate, The Muslims will be forever oppressed and of a quorum. the President went so far as to reorga- dominated by the Europeans and the Jews. The PRESIDING OFFICER. The nize the entire Federal Government— . . . 1.3 billion Muslims cannot be defeated clerk will call the roll. almost—by creating a new Department by a few million Jews. The assistant legislative clerk proof Homeland Security, making its Sec- [Muslims] are actually very strong. ceeded to call the roll. retary confirmable by the Senate. He said: Mr. BYRD. Mr. President, I ask unan- So I certainly hope the present situa- 1.3 billion people cannot be simply wiped imous consent that the order for the tion won’t have to be resolved by cre- out. The Europeans killed 6 million Jews out quorum call be rescinded. ating a new Department of Iraqi Re- of 12 million. But today the Jews rule this The PRESIDING OFFICER. Without construction. world by proxy. They get others to fight and objection, it is so ordered. The American people need to be sure die for them. that whoever the President chooses to AMENDMENT NO. 1969 If that was not bad enough, the lead the administration’s reconstruc- Prime Minister of Malaysia went on. (Purpose: To require that the Administrator tion efforts in Iraq will be held ac- of the Coalition Provisional Authority be countable for their actions. He said: an officer who is appointed by the Presi- They survived 2000 years of pogroms not by dent by and with the advice and consent of The Iraqi war effort, including the re- hitting back, but by thinking. They invented the Senate) cently passed supplemental, has cost and successfully promoted Socialism, Com- Mr. BYRD. Mr. President, in consid- the American taxpayers $118 billion; munism, human rights and democracy so 351 U.S. soldiers have lost their lives. that persecuting them would appear to be ering the President’s $87 billion for Iraq, the House of Representatives The administration has wagered the wrong, so they may enjoy equal rights with lives, the treasure, and international others. With these they have so gained con- adopted a provision that would require the U.S. official responsible for coordi- prestige of the American people on its trol of the most powerful countries and they, Iraqi endeavors. With so much at this tiny community, have become a world nating the reconstruction efforts in stake, the Congress has a responsi- power. Iraq to be appointed by the President bility on behalf of the American people Now, what could be more outrageous by and with the advice of the Senate. to ensure that whoever is running in 2003 than for the prime minister of It is almost embarrassing that the things in Iraq is answerable for their any country to make such unbelievably House of Representatives had to act on decisions to the Congress and to the erroneous statements? They are dan- behalf of the Senate to include such a American people. gerously wrong, and they play directly requirement. I am not just referring to the Na- into the hands of the radical Islamic The House was responding to the tional Security Adviser; I am also re- extremists throughout the region. news that the President had appointed ferring to the Administrator of the co- This is not an issue of free speech. National Security Adviser Condoleezza alition Provisional Authority that now His anti-Semitic remarks lend cre- Rice to lead a task force that would as- governs Iraq. This is an entity which dence and legitimacy to the hateful sume responsibilities for rebuilding has not been sanctioned, which has not messages of local terrorists who seek Iraq. Unlike Secretaries Rumsfeld and been approved by the Congress. Its to sow mayhem throughout the region. Powell, who testified before the Con- head has not been confirmed by the As I understand the importance of gress to explain the actions of Defense Senate. It is operating without any fighting terrorism in Mahathir’s own and State Department personnel in mandate from the American public. backyard—and that his comments do Iraq, the actions of the task force will Yet it claims to be vested by the Presi- not reflect the views of all Malay- likely be shielded from the public by dent with all executive, legislative, and sians—I include, in the amendment al- what may be said to be executive privi- judicial authority necessary to achieve ready approved, a national security lege. its objective. waiver that will allow the provision of The National Security Adviser, as a Mr. President, we are not even sure $1.2 million in IMET assistance—that member of the President’s staff, tradi- what its objectives are supposed to be. is the military-to-military assistance— tionally does not testify before the The President signed a national secu- to that country to be eliminated unless Congress, except under extreme cir- rity directive earlier this year out- the President believes it is in the na- cumstances. It is an unconfirmed posi- lining the Iraqi civil administrator’s tional security interests of the United tion and its actions are hidden from authorities, but that directive is classi- States to continue it. the view of the Congress, the media, fied, hidden away from the American Now, the good news is that and the public. public. Yet the Congress is handing Mahathir’s words were criticized The House of Representatives has over another $20 billion to this entity around the world, as they certainly valid concerns that if the National Se- without insisting that the adminis- should have been. The bad news is that curity Adviser is responsible for the ad- trator be held accountable to the rep- the Prime Minister just does not get it. ministration’s reconstruction efforts in resentatives of the people of our coun- Given an opportunity to clarify his Iraq, her actions could be shielded from try. It is an idea so absurd that even comments a few days later, he said, in the public. the Republican-controlled House of an interview with the Bangkok Post, Senators will recall that the White Representatives has tried to stop it, on October 21—this is what he said to House tried something similar to this and with good reason. the Bangkok Post, having listened to last year. Let us look at the way the Marshall the criticism and having an oppor- After the September 11 attacks, the plan was crafted to rebuild Europe tunity to retract his comments—he White House unilaterally created the after World War II. In comparison, the said: ‘‘Well, the reaction of the world Office of Homeland Security inside the Congress has allowed the administra- [to my comments] shows that [the White House and used executive privi- tion to assume sweeping unchecked au- Jews] control the world’’ and, ‘‘Well, lege to cloak the office and its direc- thorities for its efforts in Iraq. From

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.006 S27PT1 S13236 CONGRESSIONAL RECORD — SENATE October 27, 2003 the first, the Truman administration Congress will have a mechanism to The PRESIDING OFFICER. The worked closely with the Congress in make sure these funds are spent wisely clerk will report. the development of a foreign aid plan and there be accountability of their ex- The legislative clerk read as follows: to rebuild Europe. Congress did not penditure to better protect our troops The Senator from Kentucky [Mr. MCCON- just appropriate funds whenever the and ensure their quick return home. NELL], for himself and Mr. LEAHY, and Mr. administration asked for them. Con- In proposing its $87 billion supple- MCCAIN, proposes an amendment numbered gress developed a 4-year financial aid mental request for Iraq, the adminis- 1970. plan. It drafted enabling legislation tration has urged the Congress not to Mr. MCCONNELL. Mr. President, I that was debated for months in the walk away from our troops. The irony ask unanimous consent that reading of House and the Senate. The Congress is that in handing this money over to the amendment be dispensed with. ensured that U.S. foreign aid commit- administration officials who are not The PRESIDING OFFICER. Without ments did not put its domestic inter- accountable to the American people or objection, it is so ordered. ests in peril. their representatives in the Congress, The amendment is as follows: Unlike the Coalition Provisional Au- that is exactly what we would be doing. (Purpose: To express the sense of the Senate thority in Iraq, the Federal entity re- We would be throwing our hands in the on Burma) sponsible for overseeing the implemen- air telling the administration to fix the On page 111, after line 12, insert the fol- tation of the Marshall plan was author- problem themselves; the Congress will lowing: (c) It is the sense of the Senate that the ized by statute. The Congress defined give you more money later when you need it. That is not the way the House United Nations Security Council should de- the scope of its powers and its authori- bate and consider sanctions against Burma ties and built a public record of 7 weeks of Representatives sees it. as a result of the threat to regional stability of hearings outlining its objectives and The Congress has more of a responsi- and peace posed by the repressive and illegit- responsibilities. President Truman not bility than that. We owe it to the imate rule of the State Peace and Develop- only appointed a member of the opposi- troops to be more meticulous about ment Council. tion party, Republican businessman how Iraqi reconstruction dollars are Mr. MCCONNELL. Mr. President, my Paul G. Hoffman, to head that organi- being spent. We owe it to the troops to amendment is rather straightforward. zation, but his appointment was sub- ask questions and to ensure that the It relates to the current regime in ject to confirmation by the Senate. CPA is making decisions in their best Burma. It simply states that it is the The Senate Foreign Affairs Committee interest. So I urge Senators not to turn sense of the Senate that the United Na- had the opportunity to hold hearings away from the troops. The Senate tions Security Council should consider and to ask questions about potential should follow the lead of the House of sanctions against Burma as a result of conflicts of interest to determine his Representatives and ensure account- the threat to regional stability and qualifications. ability for how taxpayer dollars are peace posed by the repressive and ille- On the other hand, the Coalition Pro- spent. I urge the adoption of the gitimate rule of the State Peace and visional Authority and its Adminis- amendment which I shall offer. Development Council; that is, the mili- Mr. President, I ask unanimous con- trator can claim none of that. tary junta that has ruled Burma for sent that the pending amendment be The Congress has not sanctioned it the last few decades. by law. The Senate has not given its set aside so that I may offer an amend- While the United Nations Secretary consent to the Administrator chosen to ment. General and his special envoy to The PRESIDING OFFICER. Without lead it. There is no public record de- Burma have publicly raised the strug- objection, it is so ordered. tailing the potential conflicts of inter- Mr. BYRD. I send to the desk an gle for freedom in that country, the Se- est that may be pertinent to the Ad- amendment. curity Council itself has not considered ministrator’s responsibility in admin- The PRESIDING OFFICER. The the matter, which it should do at the istering the reconstruction of Iraq. clerk will report. earliest opportunity. The facts are self- Once the Congress appropriates its The legislative clerk read as follows: evident. Under the SPDC, Burma poses budget, the Administrator of the CPA The Senator from West Virginia [Mr. a clear and present danger to itself and could very well just begin to decline in- BYRD] proposes an amendment numbered to its neighbors. Narcotics, HIV/AIDS, vitations to testify before the Con- 1969: and refugees fleeing gross human gress, at least until he needs more At the appropriate place, add the fol- rights abuses spill over Burma’s bor- money. It could further shield its ac- lowing: ders and create humanitarian and secu- Sec. . (a) None of the funds made avail- tions from the public. With so little in able by this Act or any other Act may be rity crises in Thailand, India, and statute tying the Congress to the CPA, used by the Coalition Provisional Authority China. the Congress needs to assert its author- (CPA) unless the Administrator of the Coali- The Secretary General and his spe- ity to ensure that the CPA’s Adminis- tion Provisional Authority is an officer of cial envoy should understand that ac- trator will be held accountable to the the United States Government appointed by tions—not words—are required to free Congress and to the American people. the President by and with the advice and Burmese democracy leader Aung San While many Members of Congress consent of the Senate. Suu Kyi and all her compatriots who (b) This provision shall be effective March may feel comfortable with the deci- 1, 2004. remain oppressed and imprisoned in sionmakers in the current administra- Rangoon. Mr. BYRD. Mr. President, I suggest tion, there will come a time when a While I appreciate the President and the absence of a quorum. new administration will take office, ei- The PRESIDING OFFICER. The the Secretary of State raising the issue ther Democrat or Republican, when clerk will call the roll. of democracy in Burma with Thai Members of Congress may disagree The legislative clerk proceeded to Prime Minister Thaksin Sinawatra, I with the administration officials wield- call the roll. am afraid the message of freedom has ing this power. We need to look beyond Mr. MCCONNELL. Mr. President, I again fallen on deaf ears. the party label of the current adminis- ask unanimous consent that the order As a democratic nation and an ally of tration. We need to take a longer term for the quorum call be rescinded. the United States, Thailand has a par- view of accountability. The PRESIDING OFFICER. Without ticular obligation to support democ- The Republican-controlled House of objection, it is so ordered. racy and justice in Burma. Many of us Representatives has taken that longer Mr. MCCONNELL. Mr. President, I in Washington are gravely concerned term view. The Senate would be wise to ask unanimous consent that the Byrd that Thailand inexplicably seems to follow the lead of the House of Rep- amendment, which I believe is the rush to the defense of the SPDC at resentatives. So I have an amendment pending amendment, be temporarily every single opportunity, deflating that would, effective March 1, 2004, pro- laid aside. pressure even before it can be effec- hibit the Coalition Provisional Author- The PRESIDING OFFICER. Without tively applied. ity from using funds appropriated until objection, it is so ordered. Frankly, I expect—and the commu- its Administrator is appointed by the AMENDMENT NO. 1970 nity of democracies should demand— President, by and with the advice and Mr. MCCONNELL. Mr. President, I the Thai Prime Minister to be more consent of the Senate. In that way, the send an amendment to the desk. proactive in supporting Suu Kyi and

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.009 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13237 the National League for Democracy, So this amendment simply calls on day, week after week, and month after which I recall for my colleagues was the U.N. to do what it should have done month. They have been dismantling overwhelmingly elected back in 1990 a long time ago, which is to get in- our environmental law and the protec- but never allowed to take power. volved in helping us bring about the tions that our citizens have come to The comments of the Prime Minister needed regime change in Burma, to expect and, I believe, deserve from of Thailand, as reported in the press, bring to power the duly elected govern- their Government. say the United States does not under- ment of the National League of Democ- This administration has allowed the stand the issue well. That is ridiculous. racy headed by Aung San Suu Kyi, the I would suggest that the Prime Min- 1991 Nobel Prize winner, who remains sale of properties contaminated with ister may be the one who is confused as under house arrest, which is where she PCBs, exposing our citizens to highly to how best to bring about democratic has been for most of the time for the toxic chemicals. The administration change in Burma. The Thai policy of last 15 years—15 years essentially has limited a State’s decision for al- engagement with Rangoon has been a under house arrest. It is time for the lowing offshore oil drilling on its own predictable complete and total fail- U.N. to get interested in this issue and coastline. This administration has al- ure—a total failure. to take action. lowed the fund that pays for cleaning Prime Minister Thaksin should un- Mr. President, I suggest the absence up abandoned toxic Superfund sites derstand that under a democratic Bur- of a quorum. across this country to go bankrupt. mese Government, cross border trade The PRESIDING OFFICER (Mr. ROB- This administration has omitted an en- would comprise of legitimate goods and ERTS). The clerk will call the roll. tire section on climate change from a services—and not those illicitly pur- The legislative clerk proceeded to White House report on the state of the chased or prostituted in back allies of call the roll. Nation’s environment, despite con- Mr. MCCONNELL. Mr. President, I Bangkok. vincing evidence to the contrary. This China, too, would benefit immeas- ask unanimous consent that the order administration has decided not to clas- urably from a government in Burma for the quorum call be rescinded. that is rooted in freedom and the rule The PRESIDING OFFICER. Without sify carbon dioxide as a pollutant. of law. HIV/AIDS and the narcotics objection, it is so ordered. This administration has forced the trade are akin to cancers in the Middle f Environmental Protection Agency to Kingdom’s underbelly. Under the EXECUTIVE SESSION ‘‘add reassuring statements and delete SPDC’s misrule, these malignancies cautionary ones’’ relating to air qual- have grown out of control into Burma ity standards surrounding the Ground and affect the neighboring countries. NOMINATION OF MICHAEL O. Zero site following the September 11 As Beijing already knows, there is no LEAVITT TO BE ADMINISTRATOR attacks. OF THE ENVIRONMENTAL PRO- denying the socioeconomic impact of This administration has proposed these security threats. It is time for TECTION AGENCY rules that would narrow the waters China to treat the disease and not only The PRESIDING OFFICER. Under protected over the last 30 years under the symptoms. the previous order, the hour of 2 the Clean Water Act. This administra- I note that next week China and the o’clock having arrived, the Senate will tion has allowed major polluters to European Union will be meeting to dis- proceed to executive session to resume cuss issues pertaining to Burma, Iraq, consideration of the following nomina- avoid installing modern control equip- and North Korea. The United States tion, which the clerk will report. ment in the New Source Review rule, must use its diplomatic prowess to in- The legislative clerk read the nomi- devastating years of progress under the fluence China and the EU and move nation of Michael O. Leavitt, of Utah, Clean Air Act. This is a life-threat- these parties toward engagement with to be Administrator of the Environ- ening decision. the SPDC that results in the imme- mental Protection Agency. Many of these decisions have been diate release of Suu Kyi and other po- The PRESIDING OFFICER. Under made with little input from the people litical prisoners. Agreeing that Burma the previous order, the time until 5:30 who will be most affected by them and is a pariah state, but not acting ac- shall be divided as follows: 1 hour 15 must implement them. cordingly, is simply not going to work. minutes under the control of the chair- As ranking member of the Environ- So I commend Secretary Powell for man of the committee, Mr. INHOFE or tackling this issue with the ASEAN his designee; 2 hours and 15 minutes ment and Public Works Committee, I members during his recent visit to under the control of the ranking mem- and other members of our committee have oversight responsibility for the Thailand just a week or two ago. I en- ber, Mr. JEFFORDS, or his designee. The courage him and the entire State De- last 20 minutes are equally divided be- Environmental Protection Agency. Yet partment to continue to implement an tween the chairman and ranking mem- I do not believe we can carry out that aggressive and unrelenting full court ber, with the final 10 minutes under the responsibility without the cooperation press to secure freedom and justice for control of the chairman. of the administration and I, for one, the people of Burma. Who yields time? have not received that cooperation. I To be sure, ASEAN has a critical role Mr. JEFFORDS. Mr. President, I have made repeated requests of the to play in promoting freedom and jus- yield myself 10 minutes. EPA to provide information and have tice in Burma. Now is not the time for Mr. President, I rise today in support not received it. Southeast Asian nations to bury their of Governor Mike Leavitt to be Admin- For example, I have asked for the collective heads in the sand, or to istrator of the Environmental Protec- analysis of the effects that the New tion Agency. I am supporting his con- make bizarre comments praising ‘‘posi- Source Review rules will have on the firmation because we need a leader at tive developments’’ in Burma—where environmental and public health. I there have not been any positive devel- the Agency. The EPA needs to be rep- have not received it, and the EPA will opments—as ASEAN members did fol- resented during Cabinet meetings and not collect information to answer my lowing the recent summit in Bali, Indo- be a strong advocate for a budget that questions. The lack of transparency in nesia. will allow the agency to enforce the en- The unfortunate tendency of ASEAN vironmental protections our citizens this administration’s decisionmaking members to ignore regional threats is deserve. I am very concerned about the and lack of cooperation with Congress precisely why the U.N. Security Coun- morale of the employees at the Agency. troubles me. This is particularly true cil should consider discussing the They are dedicated to environmental in the case of the New Source Review. threats to regional stability and peace protection. Yet the direction the ad- According to a new GAO report, it ap- posed by a repressive Burmese regime. ministration has taken on protecting pears that administration officials Let me close by saying that the only the environment is troubling. have misled Congress and intentionally positive development would be if The record of the Environmental undermined ongoing enforcement ASEAN members get with the program Protection Agency under this adminis- cases. I am hopeful that Governor and implement sanctions against the tration is abysmal. We have watched Leavitt will have much more luck than SPDC. Who better to spur them into this administration roll back environ- Governor Whitman did with the White action than the United Nations? mental law and regulations day after House. EPA needs to be an independent

VerDate jul 14 2003 01:51 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.012 S27PT1 S13238 CONGRESSIONAL RECORD — SENATE October 27, 2003 agency, as Congress and President and chief executive officer of the it in the form of forthcoming EPA mer- Nixon intended. It cannot be a rubber Leavitt Group, he has paid taxes and cury standards or the Department of stamp for the polluters’ lobbyists and made payroll. Through his business ex- the Interior’s Endangered Species Act. should not be a political lapdog for the perience, he learned the impact of gov- Many Members of this body do not White House. ernment regulations on commerce and understand the impact that Federal I am hopeful Governor Leavitt can industry. Moving beyond his time as a land ownership has on a State and on make an improvement in White House private entrepreneur and into the its people, and that includes the much environmental policies because I find it realm of public service, Governor publicized battle over RS 2477. At some terribly hard to believe that the Presi- Leavitt is the country’s longest serving point today, I have no doubt that oppo- dent would want to continue dimin- Governor and has a long history of ex- nents may try to attack the Governor ishing his father’s environmental leg- perience and accomplishments that on his approach to solving this long acy. make him eminently qualified for the standing Federal land issue. As a fellow However, it is not an auspicious sign position of Administrator. The con- westerner whose State is also affected that the Senate takes up the Gov- firmation of the Administrator must be by the dispute, I want to clear up the ernor’s nomination on the very day a top priority for all who care about scare tactics and half-truths used by that the Bush administration has for- the environment. the extremist groups in an attempt to mally committed the single greatest I challenge my colleagues to focus on undermine the nominee’s credibility. rollback on clean air since there has the achievements of our national envi- Governor Leavitt has never been in- been a Federal Clean Air Act. I am re- ronmental policy and not on penalties volved in secret deals and behind- ferring to the final NSR rule being pub- and politics. We cannot ignore the fact closed-doors shenanigans to destroy lished today that allows the dirtiest, that the air we breathe today is clean- public lands. Instead, Governor Leavitt oldest powerplants to continue pol- er than it was 4 years ago and that the believes the public is best served luting forever. This is a life-and-death water our children drink is more safe through negotiation rather than litiga- matter, a serious health matter. today than ever before. But there is a tion. His actions to resolve a 30-year I hope against hope that by sup- danger lurking in the formulation and dispute over ownership rights of rural porting Governor Leavitt we might implementation of our national envi- county roads resulted in the enactment bring some accountability and ration- ronmental policy. Extremist measures of a reliable mechanism that will pre- ality to this White House, and he can that impose strict mandates and deserve and promote the interests of the improve its environmental record. But mand compliance through arbitrary public. This is just plain common more and more, I think an election will means and unclear science could under- sense. be necessary before we can see real and mine the very institutes of our democ- Governor Leavitt understands the positive change on the environment at racy and of our market economy. complicated web of environmental 1600 Pennsylvania Avenue. Governor Leavitt knows that our sys- rules and the impact that they have on I reserve the remainder of my time. tem of environmental regulations, en- health and property. As a Governor, he The PRESIDING OFFICER. Who vironmental mandates and administra- has worked hard to increase the well- yields time? The distinguished Senator tive and judicial rulings, work together being of the people in his State, and he from Colorado is recognized. to protect our most precious resources, has worked diligently to improve the Mr. ALLARD. Mr. President, I yield and have helped spur environmental re- state of the environment. Governor myself 10 minutes. covery in many areas. But he is also Leavitt understands the fundamental I rise today to speak about an impor- aware that these same layers of laws need to protect the environment from tant vote that will take place a little have also created tremendous burdens irresponsible actors. Just as important, less than 4 hours from now. At 5:30 this for municipalities, businesses and the though, he understands the need to evening, the Members of this body will ongoing development and maintenance protect the environment through poli- have an opportunity to invoke cloture of our public infrastructure. cies and programs that generate re- on the nomination of Governor Mike The evolution of environmental rules sults and that create incentives to im- Leavitt to become the new Adminis- and regulations that control so many prove land, water and air quality, not trator of the Environmental Protection aspects of life must be realistic goals just penalties and fines. He knows that Agency and to end the months of delay that are established through a course heavy-handed action is not nearly as and Presidential politics that have of open deliberation and sound science. important as the results that can be marred his nomination. The impact EPA has on individual lives achieved through cooperation and col- Tonight’s vote is more than a mere is real, not fictitious. New laws and en- laboration. procedural formality. It is more than a forcement decisions cannot be taken The development of such enlibra simple motion. It is a vote about lead- lightly. principles has received a bipartisan en- ership and the health of our natural I am pleased that President Bush’s dorsement from the National Gov- surroundings. It is a vote that will approach has been one of reform— ernor’s Association and deserves a show the American people we are seri- changing command-and-control man- great deal of attention. Governor ous about protecting the environment, dates to innovative, market-based ap- Leavitt, along with the Governor of Or- about providing the much-needed lead- proaches that utilize cutting edge tech- egon, was one of the pioneers of a con- ership the EPA has been missing since nology to bolster environmental bene- cept that they dubbed enlibra. This the departure of the former Adminis- fits. I know that this type of strong, concept, derived from Latin root words trator. principled leadership will continue into and meaning ‘‘to move toward bal- Every ship needs a captain. Every the future. We must not simply wipe ance,’’ promotes the type of balanced plane needs a pilot. As elected officials the slate clean and sweep away basic environmental stewardship that I have representing the greatest people in the environmental rules, but we can—we been talking about and includes eight greatest Nation, we must provide that must—develop an environmental agen- principles that help on this course. captain, that pilot for our Nation’s da that protects private property Governor Leavitt has done a great deal chief environmental department. We rights while balancing environmental to clean up both the air and water and can begin by voting tonight to invoke achievement with the need for contin- to protect thousands of acres of pre- cloture. The politics of delay must end ued economic progress. mier public lands in the State of Utah. tonight. President Bush has nominated Governor Leavitt is the one person In just one example of how he has a very worthy candidate to take the who has the intellect, the courage, and worked for cleaner air, Governor helm at the Environmental Protection the right philosophical temperament Leavitt is a co-chair of the Western Re- Agency. to get this job done. Governor Leavitt gional Air Partnership, also known as I have learned that experience makes hails from the western United States. WRAP. WRAP is a partnership of 13 a difference. Perhaps no other quali- Perhaps no other geographic region in States, 13 tribes and 3 Federal agen- fication that Governor Leavitt pos- the country has felt the heavy hand of cies. This organization worked to for- sesses is as important to me as his ex- environmental regulation more than mulate a regulatory commitment to perience in the real world. As president the public land States of the West—be reduce SOX levels by 50–70 percent by

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.016 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13239 the year 2040. But, they didn’t just for- by Governor Leavitt have increased the Mr. ALLARD. Mr. President, I ask mulate regulations. They also put to- number of school options as well. Stu- unanimous consent that the order for gether a plan to help those affected by dents wanting to attend Utah public the quorum call be rescinded. the regulations, providing guidance on schools now have more options, such The PRESIDING OFFICER. Without how to reach these aggressive clean air as: charter schools, high-tech schools objection, it is so ordered. goals. Under Governor Leavitt’s leader- and an electronic high school, to en- Mr. ALLARD. Mr. President, I yield ship, Utah now meets all Federal air able them to find the educational 10 minutes to Senator BENNETT. quality standards. method that fits them best. The PRESIDING OFFICER. The dis- But its not just the air that is im- Utah schools are also second in the tinguished Senator from Utah is recog- proved. Seventy-three percent of Nation in Internet accessibility. nized. Utah’s streams currently meet Federal Thanks to an initiative called Tech- Mr. BENNETT. Mr. President, thank water quality standards, compared to nology 2000, 99% of Utah’s schools have you. 59 percent 10 years ago. This is a re- access to the Internet. I thank the Senator from Colorado markable improvement since Governor Higher education funding has also infor the opportunity to speak about Leavitt took office. creased. Again, between fiscal years Utah’s Governor. In a way, I hope he In what undoubtedly will be a com- 1994 and 2004, higher ed funding in- will soon not be Utah’s Governor be- mon theme today as other members creased slightly over 73%, a total of cause he has been nominated by the come to the floor to show their support $379 million. Student enrollment has President to be the head of the EPA. for Governor Leavitt, I would like to increased, as has the enrollment of stu- On the other hand, we will be sorry to point out that our Nation lives today dents in engineering, math and com- lose him as Utah’s Governor because he in a cleaner, healthier environment, far puter sciences. has done a truly outstanding job. Many more clean than it was when President Numerous plans to improve the lives of his qualifications have already been Bush first took office. In the last 30 and health of families and children discussed here. As I did in the hearing, years, water quality has improved and have been implemented. Between the I would like to speak of him a little bit emissions of the six principal air pol- years of 1992 and 2001, immunization personally so Members of the Senate lutants have been cut 48 percent. This rates rose by 73 recent, teen smoking can get an understanding of who he is progress comes even as the country has rates fell by 32 percent, and teen preg- and what qualifications he brings to experienced a 164 percent increase in nancy rates fell by 33 percent. this particular assignment. gross domestic product, a 42 percent in- Under HealthPrint, a Leavitt plan to Governor Leavitt and I first became crease in energy consumption, and a increase the number of State residents well acquainted when we served to- 155 percent increase in vehicle miles who are covered by insurance, the gether on a strategic planning group traveled. This improvement has oc- numbers of insured persons increased formulated to come up with a plan for curred over the course of 34 years, 22 of by 404,000. Of these 72,000 were children. the Utah State Board of Education. At which came under the leadership of Re- Governor Leavitt was also a leader in the time, we were both considerably publican administrations. the push to get us here in Congress to younger. He particularly looked quite The environment is not a partisan authorize the Children’s Health Insur- young. He has the advantage of looking issue. Success comes through partner- ance plan, or CHIP. The numbers of younger than he really is. As the Pre- ship and the desire to take the respon- children covered by CHIP in Utah con- siding Officer can relate, those of us sible, common-sense action. As men- tinue to rise. who are bald look like we are 60 regard- tioned, the most recent EPA data These remarkable achievements less of how old we may be. That is a shows that sulfur dioxide emissions could only have been accomplished by disadvantage when you are 30 or 40. It from power plants were 10.2 million someone who is thoughtful and delib- becomes an advantage when you get tons in 2002, 9 percent lower than in erative, someone who is able to con- beyond 60 because people think you are 2000 and 41 percent lower than 1980. NOx sider all relevant information and younger. Governor Leavitt, with a full emissions from power plants are also make the decision that will be best for head of hair, struck me as, frankly, lower, measuring 4.5 million tons in the greatest number of people. The quite a young man when we first got 2002. This is a 13 percent reduction strong mark of success the Governor acquainted. I thought, What is some- from 2000 and a 33 percent decline from has built in Utah over the past 11 years body so young and, by implication, in- 1990 emissions levels. In Colorado, the bodes well for his success at the helm experienced doing on this particular Bush administration’s efforts to clean- of EPA—an agency that employs 18,000 committee? As soon as he opened his up the Shattuck, Vasquez Boulevard people across the country and an agen- mouth and we started having a con- and Rocky Flats sites deserve many cy that needs a leader like Leavitt. The versation, it became very clear what he thanks. The administration continues commitment President Bush has made was doing on that committee; he was to prove its commitment to the people to improving the environment is very bright; he was extremely well in- of Colorado through responsible stew- strong, clear and unquestionable. Mr. formed; he had many exciting ideas ardship and active protection. Leavitt will ably serve the people of about what ought to be done with re- Governor Leavitt’s accomplishments the United States as he fulfills his oath spect to Utah’s schools and Utah’s edu- are not just in the environmental field, to meet these goals. cation. however. His environmental principles I look forward to this evening’s vote I derived a great sense of respect for are getting the most attention and, and to the confirmation of Governor him in that situation and said to peo- given the current debate, rightfully so. Leavitt. Let’s end this hold-up and do ple: This is a young man who has a However, I believe that Governor just that. great future. This is a young man who Leavitt has had other accomplishments Mr. President, this nomination will be doing important things for the in the State of Utah that I believe should move ahead, and I ask my col- State. speak to the kind of person and leader leagues to join me in voting for clo- Then he showed up in my office one that he is. In the area of education, ture. day and said he wanted to talk to me. funding for public education has in- The PRESIDING OFFICER. The time When I asked why, he said, Well, I am creased by $762 million in 10 years be- of the Senator has expired. Who yields planning to run for Governor and I am tween fiscal years 1994 and 2004. The time? here to get your support. I said, Well, I number of teachers in the classrooms Mr. ALLARD. Mr. President, I sug- am not going to be able to give you my has increased, teacher pay has in- gest the absence of a quorum, and I ask support for Governor because I am creased, student-to-teacher ratios have unanimous consent that the time dur- planning to run for the Senate, and it decreased and, perhaps at least in part ing the quorum call be divided propor- is appropriate that I not endorse any to the three previous factors, teacher tionally between the two sides. candidate for Governor and I under- retention has increased. Student SAT The PRESIDING OFFICER. The stand it is appropriate that you not en- scores, and student scores on other na- clerk will call the roll. dorse any candidate for the Senate. tional tests, have also increased stead- The assistant legislative clerk pro- But we began our campaigns together ily. Initiatives introduced or promoted ceeded to call the roll. in 1992 and went through the gauntlet

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.004 S27PT1 S13240 CONGRESSIONAL RECORD — SENATE October 27, 2003 of conventions and primaries that is That is a very dangerous thing for a the 16-to-2 vote in favor of reporting part of the Utah political scene. nominee to say because it leaves the him to the Senate. I am hoping for a I watched him in that situation. I door open for them to come back after 70- to 80-, even 90–Member positive vote watched him grow. I watched him you have refused the position. Obvi- in the Chamber to give this young man flourish. I watched him get engaged in ously, the folks in the White House— from Utah an opportunity to show the the battle of ideas and emerge from a particularly the President himself—de- country what he can do in this posi- second-place position to the first-place cided they liked the idea of someone tion. position where he won the nomination, who would attempt to do something a The people from Utah have seen what became the candidate, and then in a little differently. They liked the idea he can do. He has maintained an ap- three-way race for Governor won the of someone who would try to break new proval rating 70 to 80 percent normally governorship. ground, who would use the experience through his entire period of time as our He started out with those same kinds he had had in breaking new ground in Governor. I believe he can do the same of ideas and energy and excitement I State government to see if there could kind of thing for the country. had seen when we were talking about be some changes for the better at the I urge all of my colleagues to vote for school issues some years before. He has EPA. cloture, and then, when it is invoked, been very inventive as Governor. He The President himself got hold of Mi- to vote for Michael Leavitt. has come up with ideas that, frankly, a chael Leavitt. It wasn’t just someone Mr. ALLARD. Madam President, I lot of people scoffed at that have come in the personnel office. These two who suggest the absence of a quorum. to fruition. He is the driving force, for had served together as Governors sat The PRESIDING OFFICER (Mrs. example, behind the creation of the down and talked about it. I am not DOLE). The clerk will call the roll. Western Governors University—a vir- privy to that conversation, but I am The assistant legislative clerk pro- tual university on line where people sure Governor Leavitt made the same ceeded to call the roll. can and now have received degrees and Mr. INHOFE. Madam President, I ask graduate degrees that have allowed kind of pitch he described to me. If all you want, Mr. President, is business as unanimous consent that the order for them to improve their economic stand- the quorum call be rescinded. ing and their professional standing. usual at EPA, I am not your man. But if you are interested in breaking some The PRESIDING OFFICER. Without Not only has he brought the Western objection, it is so ordered. Governors University from an idea to new ground and doing things a little differently, then I might consider it. Mr. INHOFE. Madam President, in fruition in a very short period of time, looking around, I do not see any other but he has also seen to it that the cal- I am assuming that was the conversation which took place between the speakers, so I would like to be recog- iber of the material offered by the nized for whatever time I shall con- Western Governors University is of suf- former Governor of Texas and the then existing Governor of the State of Utah. sume. ficiently high status that it is now The PRESIDING OFFICER. The Sen- fully accredited. A degree from the Whatever the conversation, Michael Leavitt has agreed to take on this as- ator has that right. Western Governors University carries Mr. INHOFE. First, Madam Presi- signment. the same accreditation as a degree dent, I do rise in strong support— from the University of Utah or the Uni- I have talked to him since he made that agreement. I am delighted with strong support—of Mike Leavitt to be versity of Kansas or, for that matter, confirmed as Administrator of the the private universities such as Har- his attitude. He is excited about it. He is determined to view it as a challenge, EPA. I think this vote is long overdue. vard, Yale, Stanford, whatever. This is But for those who have watched this the brainchild and the product of the he is determined to view it as an opportunity, and he is determined to go at it nomination closely, we have seen a energy of Michael Leavitt—an idea of spectacle that does not reflect favor- taking something that is new in the with the same vigor and with the same enthusiasm he went at his new assign- ably on this institution. field and turning it into a final prod- Governor Michael Leavitt is a kind, uct. ment as Governor of the State of Utah. I can think of no better set of quali- courteous, and decent person. Everyone I cite that because I think what we who knows him loves him. Very rarely need at the Environmental Protection fications for someone to have in tack- do you see that in politicians—other Agency is someone who has some cre- ling the position at EPA than the than the Presiding Officer, of course. ative ideas and the drive to try some- background Governor Leavitt has and But everyone seems to love Mike thing new and see it through to fru- the attitude and sense of challenge he Leavitt. He is that kind of a person. ition. That is Michael Leavitt. He is possesses. For that reason, I was de- Yet from day one his nomination has the perfect person for this kind of as- lighted the EPA committee reported been delayed and obstructed by par- signment. this nomination by a 16–2 margin, indi- I talked to him when the newspapers cating that even though there are peo- tisanship and Presidential politics. I watched this play out with real dis- first broke the idea that he might re- ple who had serious reservations about appointment because the process sur- ceive this position and said, Should I the past performance of EPA, they rounding these nominations has never call the White House on your behalf were willing to give Governor Leavitt a succumbed to such pressures. Today, and weigh in to say I think you would chance to show us what will happen we are going to move beyond this ob- be good for this job? He said, No, don’t with respect to the future. bother. He said, They have talked to I urge all of my colleagues in the stacle and show to the American people me about it and I have told them I Senate to recognize the background, what everyone in this debate well don’t have any interest. I said, Why the enthusiasm, and the attitude this knows; that is, Governor Leavitt en- don’t you have any interest? I was particular nominee has. It would be a joys overwhelming support from both thinking that was probably a good idea great shame if we were to allow this Democrats and Republicans. This process, which has dragged on on his part, given the difficulties of nomination to be derailed because of now for over 50 days, has been some- this position. He suggested the reason people’s concern about previous admin- what perplexing to me because my col- he didn’t have any interest was because istrations at EPA. This nomination, as leagues on the other side of the aisle it seemed to him people were looking with all appointments, has to do not so have nothing but the highest praise for for a business-as-usual administrator much with the past as with the future. of the EPA, someone who would con- This nomination has to do with the Governor Leavitt. The other day my good friend, Sen- tinue to go through the motions of pre- job Michael Leavitt can do, not with ator JEFFORDS, the ranking member on vious administrators who went through the job that some other Administrator this committee, said: the motions of the administrators who may have done. So I am very hopeful preceded them. No. He said, I told them that in this Chamber we will invoke First of all, it has nothing to do with the if you are thinking about doing some- qualifications of Mr. Leavitt. I will vote for cloture, we will shut off debate and him and I am hopeful that at the same point thing else and breaking some new allow Michael Leavitt to have a vote. I will be able to do so. I look forward to that. ground, then call me back. But if all If he has a straight up-or-down vote, I consider him a friend. I have worked with you want to do is what you have been I think we will see much the same kind him in the past on matters of education. The doing, I don’t have any interest. of margin we saw in committee with issues are not related to his qualifications.

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.018 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13241 I say to my good friend from During his 11-year tenure, Governor everything about President Bush. We Vermont, I appreciate that testament Leavitt made great strides in improv- have heard that under President Bush very much. ing Utah’s water. The State’s water- the air is dirtier, more kids are suf- Senator BEN NELSON, a Democrat sheds are now among the cleanest in fering from asthma attacks, res- Senator from Nebraska, who is a the Nation. Thirty-seven percent of piratory diseases; precious lakes, riv- former Governor who served with Mike Utah’s streams currently meet Federal ers, streams, and forests are more pol- Leavitt, wrote a strong letter of sup- water quality standards compared to 59 luted, and big oil’s campaign contribu- port for Governor Leavitt. He said in percent 10 years ago, a 24-percent im- tions are corrupting national environ- his letter: provement since Governor Leavitt took mental policy. But beyond his record of achievement for office 11 years ago. Currently, 60 per- Nothing could be further from the the citizens of Utah, I have also found Gov- cent of the Nation’s streams meet this truth. It is all false, empty rhetoric ex- ernor Leavitt to be easy to work with, open standard. tremist groups use to raise money. to new ideas, and willing to make sensible I return briefly to the process behind They conveniently ignore the fact that compromises to reach shared goals. I believe this nomination, because I hope we President Bush has proposed the most nearly everyone—if not everyone—with whom Governor Leavitt [has] worked in the won’t repeat it at any time in the fu- aggressive Presidential initiatives to NGA [National Governors Association] would ture since it was unprecedented. Let reduce pollutants, a 70-percent reduc- state they had a favorable impression of him. there be no question that Governor tion. No President in history has pro- As we know all too well, such a record is im- Leavitt was subjected to a double posed such a thing. They ignore the portant for any federal position, but particu- standard. First, prior to Governor fact that he introduced the landmark larly one such as this, where there needs to Leavitt’s hearing, the minority de- brownfields legislation which my be much coordination with our State govern- manded that Governor Leavitt answer friend from Vermont and I were very ments. . . . nearly 100 prehearing questions. That active in getting through. They ignore Still quoting Democrat Senator BEN was unprecedented. that according to EPA, air quality has NELSON: Second, prior to his markup, com- improved since President Bush took of- I wholeheartedly support Mike Leavitt’s mittee Democrats submitted nearly 400 fice. nomination to serve as EPA Administrator. questions to Governor Leavitt. The Let me mention a couple other He is eminently qualified for the position; Democrats submitted nearly 400 ques- things since it seems to be that we but even more than that, he has both the personality and the desire to be successful at tions to Governor Leavitt. The volume, have President Bush’s record in front the job. again, is unprecedented. of us as opposed to Governor Leavitt. Let’s compare this to the nomination As the preceding quotes show, those First, there couldn’t be a better record of Carol Browner. In 1993, she received who have worked with Governor of any President than the current a mere 67 questions from Republicans. Leavitt hold him in the highest regard. President Bush. Even Governor Christie Whitman, in Those who have seen his dedication and Greg Easterbrook, senior editor for 2001, received approximately only 100 commitment to solving environmental the very liberal New Republic maga- questions from the Democrats. Let’s problems all support him. zine, not a Republican, writing for a Last week my committee received a look at how long it took to approve liberal publication, writes that ‘‘most letter from Governor Bill Richardson, previous nominees to head the EPA. In of the charges made against the White with whom I used to serve over in the 1989, the first President Bush nomi- House are baloney,’’ made for ‘‘pur- House, the Governor of New Mexico— nated William Reilly. The Senate re- poses of partisan political bashing and another Democrat Governor. This is ceived his nomination on January 20. fund-raising.’’ He also contends that what he said about Governor Leavitt: The EPW Committee, the committee I ‘‘Environmental lobbies raise money He has worked effectively with other Gov- chair, had a hearing on January 31 and better in an atmosphere of panic, and ernors regardless of party. Obviously the then reported him to the floor on Feb- so they are exaggerating the case same willingness and ability to work col- ruary 2, the same day he was confirmed against Bush.’’ In his view, President laboratively with other elected and ap- by the Senate. All told, the nomination Bush’s new rules for diesel engines and pointed environmental officials is crucial to took just 13 days. diesel fuel ‘‘should lead to the biggest the effectiveness of any EPA Administrator. How about Carol Browner? The Sen- pollution reduction since the 1991 Clean Mike Leavitt is a consensus builder ate received her nomination January Air Act amendment.’’ Air pollution, he and can bring people together. 20. The EPW Committee actually had a writes, continues to decline under Again, these are things that Demo- hearing for Ms. Browner on January 11, President Bush. crats say about him. Many have heard 9 days before she was officially nomi- That is not a conservative Repub- me recount the details of Governor nated. She was reported out by the lican talking. That is not anyone con- Leavitt’s long distinguished career in EPW Committee on January 19, 8 days nected with this administration. That public service, but considering the cir- after the hearing. She was confirmed is the other side that is normally crit- cumstances, I think they are worth re- by the Senate on January 21. From the ical of Republicans and conservatives. counting again. His resume is abso- time of her hearing to the day she was I am very familiar with the Clear lutely stellar. He was the chairman of confirmed, just 10 days. Skies Act. I am anxious to get the act the National Governors Association, Governor Whitman faced a similar before the Senate and hopefully Con- the Republican Governors Association, path. She was confirmed by the Senate gress will consider it, too. That is a 70- the Western Governors Association. just 13 days after nomination. Let’s re- percent reduction in sulfur dioxide and His record on environmental accom- peat that: Bill Reilly was 13 days; Carol nitrogen oxides and mercury. It rep- plishment reflects his experience. Just Browner, 10 days; Whitman, 13 days. resents the largest pollution reduction look at the facts: Governor Leavitt has now waited 55 initiative ever proposed by any Amer- Utah meets all Federal air quality re- days. Some on the other side argue ican President. quirements. That is very rare. Utah that comparisons of timing with pre- Clear Skies uses a cap and trade sys- meets all Federal air quality require- vious nominees is unfair. In their view tem. This limits the total amount of ments. This was not true when Gov- those nominations were made at the emissions from the utility industry and ernor Leavitt was first elected. Visi- beginning of a new administration, so allows them to determine how to bility in the West has improved dra- there is no environmental record to achieve these reductions. The bill thus matically, largely as a result of Gov- judge. I find this very interesting. far has been held up by environmental ernor Leavitt’s service as cochairman Here the other side is essentially ad- extremists who are playing politics of the Western Regional Air Partner- mitting that the nomination is about with the issue of CO2. It is unfortunate ship and vice chairman of the Grand President Bush, not about Mike because this bill will provide imme- Canyon Visibility Transport Commis- Leavitt because they are talking about diate health benefits to the American sion. The Commission has made over 70 President Bush’s record. I think that is people and reduce acid rain. recommendations, improving visibility very unfair. It has nothing to do with Air quality has improved immensely at 16 national parks and wilderness Mike Leavitt. For weeks we have heard over the last 30 years and has contin- areas in the Colorado plateau. nothing about Governor Leavitt and ued since the Bush administration took

VerDate jul 14 2003 01:51 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.021 S27PT1 S13242 CONGRESSIONAL RECORD — SENATE October 27, 2003 office. Clear Skies will continue that and will provide $2.5 million to fund en- One hundred fifty million dollars is trend. vironmental projects, including $1.75 in the budget for a FreedomCAR re- Cleaner fields and engines: This ad- million to the Trust for Public Lands. search initiative, a new Department of ministration is a consistent advocate Lion Oil Company will spend more Energy partnership with automakers of tougher controls on harmful air pol- than $21.5 million to install state-of- and researchers, with a long-term vi- lution caused by diesel engines. The the-art pollution control technologies sion of hydrogen-powered fuel cell ve- diesel rule, a rule requiring new heavy throughout its refinery. Additionally, hicles; $1 million for the Department of duty trucks and buses to run cleaner, the company will pay $348,000 in civil Transportation to improve fuel econ- will cut harmful pollutions by 95 per- penalties and spend more than $450,000 omy standards. cent. When fully implemented, the con- on supplemental environmental That is $940,000 more than under the trols proposed in the rule will reduce projects. Clinton administration. 2.6 million tons of smog-causing nitro- It goes on and on. Cleaner water, protecting water sup- gen oxide emissions each year, and soot These settlements that took place plies: In response to the terrorist acts or particulate matter will be reduced under the enforcement policies of of September 11, the Bush administra- by 110,000 tons a year. President Bush far exceed those under tion continues to work with States and Diesel retrofit is a voluntary partner- the Clinton administration, in both local communities to protect Amer- ship program with State, local, and in- numbers of settlements and the ica’s 168,000 public drinking water sys- dustry to reduce mobile source emis- amount of money involved. tems and 16,000 public waste water sys- sions by retrofitting diesel engines. On the budget, the President’s fiscal tems from terrorist attacks. Commitments made to retrofit over year 2004 budget proposal continues You know, in the committee that I 130,000 diesel engines in trucks, buses, significant funding for cleaner air: chair, Environment and Public Works locomotives, and construction equip- $617 million to improve air quality by Committee, we have passed out the nu- ment will eliminate more than 200,000 meeting national ambient air quality clear security bill and waste water se- tons of harmful pollution from the air. standards, reducing air toxics, and acid curity, and last Thursday the Chemical The Clean School Bus Act USA: This rain—up $2 million from last year; Security Act. They will be coming to new program highlights the Bush ad- $326 million for the Coal Research the floor and they will become a re- ministration’s commitment to reduc- Initiative on cleaner coal technologies, ality. ing environmental health risks to kids. including $150 million for the Presi- Under the President’s leadership, we The program ensures that by 2010, dent’s clean coal power initiative. are doing our job. We can single out every public school bus in America will These funds will support public-private one thing the President has done that be cleaner by encouraging the installa- partnerships to research efficient clean nobody else has been able to do, which tion of effective emissions control sys- coal technologies, which we need and is in the area of brownfields. tems on buses, replacing older buses can have and must have to keep Amer- Fulfilling a campaign pledge, Presi- with newer ones and eliminating un- ica machine ready; dent Bush worked with us to enact his- necessary school bus idling. With com- $7 million in new EPA funding for toric, bipartisan brownfields reform munity, industry and school district States to conduct air toxics moni- legislation, which he signed on Janu- commitments, the program would de- toring; ary 11, 2002. liver approximately 150,000 retrofit ve- $7.2 billion for mass transit, up $479 The Small Business Liability Relief hicles in more than 20 school bus pro- million from the previous year. and Brownfields Revitalization Act en- grams. They are all up from the Clinton ad- acted vital reforms that had been wide- Cutting emissions from nonroad, ministration. People say President ly sought for years, giving States and heavy-duty vehicles: This is construc- Bush doesn’t have an environmental local governments greater flexibility tion, agricultural equipment, and in- administration. Nothing could be fur- and resources to turn environmental dustrial equipment. On April 5 of 2003, ther from the truth. eyesores into productive community the EPA, under President Bush, issued Federal energy score cards: Agencies assets. It reformed important elements a proposed rule that will result in dra- documented their progress in meeting of the law that had discouraged private matic pollution reductions from the various requirements on score investment in cleaning up and redevel- nonroad, heavy-duty diesel engines. cards submitted by the Office of Man- oping brownfields. The nonroad program will prevent agement and Budget in January 2002. You have brownfields in every Amer- over 9,600 premature deaths, 8,300 hos- The most relevant findings include: In ican city. They are in the process of pitalizations, 16,000 heart attacks, 5,700 fiscal year 2001, 10 agencies purchased being cleaned up now, thanks to the children’s asthma-related emergency 632 gigawatt-hours of electricity gen- policy of this President. room visits, 260,000 respiratory prob- erated from renewable resources—that This legislation will significantly in- lems in children, and nearly a million is what they are always talking crease the pace of brownfields clean- workdays due to illnesses. about—which is more than 3 times the ups. President Bush’s fiscal year 2004 Cleaner air through smart enforce- amount reported in fiscal year 2000. budget proposal provides $210.7 mil- ment: The EPA and the Department of In other words, the renewable re- lion—more than twice the level of Justice recently settled environmental sources reported by this administra- funding prior to the passage of this leg- cases by using smart enforcement and tion are 3 times the last year of the islation—in support of the brownfields compliance tools to address the most Clinton administration. program, $180 million of which is for significant problems and achieve the Eleven agencies implemented renew- grants for States, tribes, local commu- best environmental results. Settle- able energy projects during fiscal year nities for cleanup, site assessments, ments included: Virginia Electric 2001, including 60 solar projects, 7 wind and revolving loan funds. Power Company, they will spend $1.2 projects, and 9 geothermal projects. The U.S. Conference of Mayors, the billion to reduce air pollutants, along In fiscal year 2001, agencies invested Trust for Public Land, and others en- with $13.9 million to offset the impact more than $130 million of direct ex- dorsed the administration’s of past pollution activities. penditures in energy efficiency. brownfields proposal. In fiscal year The settlement with Archer Daniel The President’s fiscal year 2003 budg- 2003, the brownfields program has solic- Midland, which had quite a bit of pub- et proposal continues significant fund- ited grant applications and is in the lic attention, will mean installing and ing for cleaner energy: $7.1 billion in process of reviewing more than 1,300 re- implementing sweeping environmental tax incentives over 10 years for invest- sponses. The agency plans to reward improvements at their plants nation- ments in energy-efficiency and renew- these grants by the fall of 2003. wide, totaling an estimated $335 mil- able energy sources, including more Again, nothing in the previous ad- lion. Also, Archer Daniel Midland will than $3 billion for consumers to pur- ministration—the Clinton administra- spend $6.3 million on supplemental en- chase hybrid and fuel cell vehicles. tion—even addressed brownfields. It vironmental projects, including retro- A lot of criticism has come to this was all done by this President. fitting diesel school buses. President, but he will push the fuel cell Madam President, it goes on and on. The ALCOA settlement commits program because he has a commitment I think the environmental enforcement them to installing pollution controls to it. record has been unprecedented.

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.023 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13243 The environmental extremists tie en- This agreement will restrict and the debate about Governor Leavitt’s forcement success to the amounts of eliminate these chemicals, including nomination. I have here a chart that I funds collected, legal actions initiated, DDT, PCBs, and dioxins, that are some think reflects my concerns about what and enforcement office staffing posi- of the most persistent and dangerous we have seen happen with regard to the tions, and cite a reduction of fines col- chemicals ever manufactured. nomination of this highly qualified in- lected, a 40-percent drop in criminal Again, President Bush announced his dividual to be Administrator of the En- prosecutions, a 25-percent drop in civil support for the Stockholm Convention vironmental Protection Agency. It cases, and a reduction in enforcement on Persistent Organic Pollutants, and says: office staff. legislation has passed the committee. Obstruction, it’s not just for judges any- The success of the Bush environ- That was never addressed by any pre- more. mental enforcement record can be vious administration. That is just this I have the honor of serving on a num- measured in both the amounts col- administration. Environmental ex- ber of committees in the Senate, one of lected in civil penalties and a number tremists and their liberal friends in the which is the Judiciary Committee of criminal judgments, but also, and press have you believe this President where, unfortunately, I have become more importantly, in smart enforce- does not have a good environmental somewhat accustomed to controversy ment achieving actual environmental record when he has the best record of and problems relating to unprece- results through enforcement efforts fo- any President in history. No President dented filibusters which have pre- cusing on significant noncompliers. has ever been as good as George W. vented an up-or-down vote when a bi- The fiscal year 2004 budget request Bush. partisan majority of the Senate actu- includes $503 million for the EPA en- Again, that should not even be a dis- ally stands ready to confirm President forcement office. This is the largest cussion right now, but due to the fact Bush’s judicial nominees. So you can amount ever requested for environment we have the nomination of Mike imagine my surprise and my consterna- enforcement, and $21 million more Leavitt coming up and they refuse to tion when, in fact, we have seen now funding than fiscal year 2003. talk about his record and instead talk the same sort of obstructionist tactics The EPA’s 2004 budget proposes an about the President’s record, I thought that have become, unfortunately, all additional 100 positions in the enforce- it was necessary to tell the truth about too common in judicial nominations ment program above the administra- that record. leak over into the deliberations of the tion’s 2003 request. It is also interesting, there are six Environment and Public Works Com- So you can see that none of these ac- holds—so people understand what we mittee. cusations are true. It reminds me so are talking about, a Senator can put a Sadly, rather than working with much of what Hitler did prior to World hold on a nomination to keep that per- Governor Leavitt to ensure the EPA is War II—called the big lie. If you tell a son from being confirmed. Of the six doing all it can and should do to pro- lie and say it with conviction over and holds, four of those people are running tect this Nation’s environment, some over again, sooner or later people will for President of the United States. in this Chamber have chosen this as an believe it. I think that is what has been That ought to tell you something opportunity to score political points. happening. about the political motivation. They have turned to another good Smart enforcement: Overall, in the Madam President, may I inquire as nominee as yet another proxy for per- last two fiscal years, EPA and the De- to the time remaining on this side? sonal and political battles. It is clear partment of Justice enforcement has The PRESIDING OFFICER. The Sen- to me they seek to attack an ex- obtained $8 billion in environmental ator has 15 minutes. tremely qualified and honorable man remediation, state-of-the-art controls, Mr. INHOFE. I was going to get into in order to score political points with and safeguards through enforcement of another subject, but I have been in- various special interest groups. existing laws. This is the best consecu- formed we have two or more speakers Governor Leavitt’s extensive experi- tive 2 years of enforcement of any prior coming down who wish to use that 15 ence and impressive environmental administration on record, including the minutes. I was going to talk about gains in his home State of Utah make Clinton administration. what we are going to be dealing with him eminently qualified to serve. In- In fiscal 2002, the EPA Compliance this coming Wednesday—this hoax deed, when Governor Leavitt came be- Assistance Centers provided environ- called global warming. I will not do fore the Environment and Public mental technical assistance to more that now, Madam President. I suggest Works Committee, many of my Demo- than 673,000 businesses and individuals the absence of a quorum. cratic colleagues noted his qualifica- to help them comply with environ- The PRESIDING OFFICER. The tions. They said, for example, he was mental laws. clerk will call the roll. ‘‘a person of principle.’’ They held him Fiscal year 2002 saw a 26-percent in- The legislative clerk proceeded to in ‘‘very high personal regard.’’ They crease of company self-disclosures of call the roll. called him ‘‘bright,’’ and a ‘‘hard work- possible environmental violations. Mr. INHOFE. Madam President, I ask er,’’ who is ‘‘very good at building con- From fiscal year 2000 to fiscal year unanimous consent the order for the sensus’’ and a ‘‘man of integrity.’’ 2001, the EPA and the Department of quorum call be rescinded. Indeed, I agreed with those charac- Justice enforcement nearly doubled The PRESIDING OFFICER. Without terizations. But rather than treating the amount spent by violators on pol- objection, it is so ordered. Governor Leavitt as the qualified lution controls and cleanups from $2.6 Mr. INHOFE. Madam President, I nominee he is, some on the other side billion to $4.4 billion. would like to inquire as to our time re- of this aisle have seen fit to give his The POPS Program—persistent and maining. nomination no respect at all. The re- organic pollutants—was an agreement The PRESIDING OFFICER. The Sen- ality is obstructing Governor Leavitt’s the President was able to get. There ator has 8 minutes. nomination only delays strong leader- are seven key types of pollutants under Mr. INHOFE. Madam President, I ship where we need it dearly, and that this program. The 12 chemicals in the will yield our 8 minutes to the distin- is at the helm of the Environmental POPS treaty, including DDT, PCBs, guished junior Senator from Texas, Protection Agency. Delaying a vote to and dioxins, are some of the most per- Senator CORNYN, but when Senator confirm him only delays implementa- sistent and dangerous chemicals ever JEFFORDS comes in I am going to ask if tion of programs those of us who are in manufactured. They are known to we can borrow some of his time be- favor of a cleaner environment would cause cancer, reproductive disorders, cause we do have one more speaker. like to see served. Unfortunately, and immune system disruptions in For right now, if the Senator is pre- many who claim to be pro-environment both humans and wildlife. We nearly pared, I yield the remainder of our now find themselves in the very ironic lost the bald eagle because of one of time to the Senator from Texas. position of being anti-environment, these chemicals. Because they are so The PRESIDING OFFICER. The Sen- from the standpoint of opposing mak- mobile and accumulate in the food ator from Texas. ing sure the EPA has the kind of strong chain, absent international action, Mr. CORNYN. Madam President, I leadership it needs to navigate a very they will continue to be a risk to all. want to add a few words of my own to difficult job.

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.027 S27PT1 S13244 CONGRESSIONAL RECORD — SENATE October 27, 2003 The truth is, political blackmail will All forms of water pollution have de- The legislative clerk proceeded to not clean our rivers and our streams. clined for decades as well. call the roll. Heated rhetoric will not improve our In 1970, approximately one-third of Mr. JEFFORDS. Mr. President, I ask air quality. Jockeying for position dur- lakes and rivers in the United States unanimous consent that the order for ing a Presidential primary at the ex- received the Clean Water Act defini- the quorum call be rescinded. pense of a nominee with a proven tion of ‘‘safe for fishing and swim- The PRESIDING OFFICER. Without record will not protect our children ming.’’ Today, nearly two-thirds of objection, it is so ordered. from future environmental threats. lakes and rivers meet that standard. Mr. JEFFORDS. Mr. President, I ask With the exception of greenhouse Forested space has also been increas- that the Senator from Florida be given gases, all air pollutants have been de- ing in acreage—not declining—for more 15 minutes of my time. clining for decades. I direct my com- than a decade. Our forests continue to The PRESIDING OFFICER. Without ments now to the criticism that really expand under President Bush, and trees objection, it is so ordered. seemed to go not so much to Governor continue to be one of our greatest and The Senator from Florida. Mr. NELSON of Florida. Mr. Presi- Leavitt but at the administration, at best managed renewable resources. dent, I want to address the issue of the the administration of President George Finally, there is this simple fact: No question of cutting off the filibuster W. Bush. In all of the attempts to try animal species in the United States has with the motion for cloture which we to discredit the President and the cur- fallen extinct since the full implemen- will be voting on in a couple of hours. rent administration on environmental tation of the Endangered Species Act I announce that I think the debate issues, you might conclude—or some- in the late 1970s. Indeed, many impor- should continue, and I want to state one who is perhaps not well informed tant species are now experiencing posi- why. I want the manager to know and might well conclude—pollution is run- tive population growth. to hear this directly. ning rampant in our country. In fact, In the face of these facts, I find it I have just spoken to Governor the opposite is true. The truth, as I very hard to believe the unfounded Leavitt by telephone. He is in his home said, is, with the exception of green- criticism of this President’s commit- State. I told him of my policy con- house gases, all air pollutants that are ment to environmental protection. The cerns. tracked by the Environmental Protec- condition of the environment has im- First of all, I clearly have indicated tion Agency have declined dramati- proved since President Bush took of- to him I have the utmost personal re- cally over the past decades. They have fice, and it will continue to improve as spect for him as a public servant, as declined under President Reagan. They a result of his innovative reforms. It someone who looks at the best inter- declined under President George Her- will continue to improve if our col- ests of his people. I think he has served bert Walker Bush, and President Clin- leagues across the aisle will end the with distinction. I think the votes are ton, and they declined even more under politics of obstruction and allow the probably here for the motion for clo- President George W. Bush. confirmation of this highly qualified ture to prevail and for him to be con- The EPA has done a study and found nominee who is a wise choice. I have no firmed. that thousands of monitoring stations doubt that he will continue the great But there are certain policy ques- across the country have shown a tre- progress which this administration has tions that ought to be addressed before mendous improvement in our environ- made on environmental issues—seek- the Senate that I think are very impor- ment over the last 20 years. Overall, ing the goal of cleaner air and safer tant. I am registering my frustration aggregate emissions of the six prin- water for all of us. with these policies that are not being cipal air pollutants have declined by 48 The extremists in this debate are not enacted; and in particular is the ques- percent since 1970, despite the fact that seeking balance or commonsense solution of funding for the Superfund. the American population has grown by tions or, in fact, what is best for the What is the Superfund? When I was 39 percent during that period. American people. Instead, they see this in the House of Representatives, in Most people reading the newspaper as a zero sum game—a proxy for polit- 1980, we passed the Superfund law. It and watching television could be ex- ical interests, and they have chosen ob- was a recognition that all over Amer- cused if they had the impression that struction as one of their tactics. ica are these toxic waste dumps. The our environment was getting dirtier Ultimately, this results in political most notorious, and one of the first, and dirtier, when the truth is it is get- blackmail that just makes victims of was the Love Canal. ting cleaner and cleaner. Unfortu- us all. Governor Leavitt’s reputation Because of toxic waste invading the nately, too many partisans have found falls victim to unwarranted and dis- environment, often people are the vic- it politically helpful to them to respectful attacks, a responsible Sen- tims, people who happen to live in the mischaracterize the facts. ate falls victim to vicious political area. We happen to have today 51 of Some critics have recently targeted blather, and the American people fall these toxic waste dumps in my State of the President’s proposed reforms in the victim to politicians who are more at- Florida. In Florida, the health hazard New Source Review concerning aging tracted to serving special interests and the environmental hazard is com- powerplants in the Midwest. But what than the public interest. pounded because it is a State with very they neglect to mention is emissions If the President’s critics on the envi- low elevation and a high water table. from these very same facilities have ronment are truly committed to pro- These toxic waste dumps that need to been declining at a steady rate, even as tecting and preserving it, they should be cleaned up are allowed to continue electricity production has increased. have put aside their political agenda to fester and invade particularly the Emissions have declined by 40 percent and allowed the Senate to vote on Gov- source of drinking water in a place since 1980. The old 1977 ideas behind ernor Leavitt’s nomination. Obstruc- such as the State of Florida. New Source Review assume you get tion won’t clean the air, protect our For example, there is a site about 10 cleaner air if you impose tighter emis- rivers and streams, or preserve our en- miles west of Orlando—and this is a sions regulations on newer plants rath- vironment for future generations. true statement—where a company used er than old ones. That kind of thinking I am sad to say but it is clearly true to brew DDT in a kind of witches brew, might work with a car, because when that when it comes to obstruction, it is the byproduct of which they used for cars get old, people replace them. But not just for judges anymore. I urge my some chemical reason. The problem powerplants are different. Many old colleagues to reconsider their tactics, was, when they brewed this DDT, they powerplants are still operating, and I vote to invoke cloture, and allow the let it overflow into a natural crevice in believe we need to put common sense President’s nominees to have an up-or- the ground. back into our environmental policies down vote and ultimately confirm this Lo and behold, what did that crevice by reforming New Source Review rules. fine nominee, Governor Leavitt. turn out to be? It turned out to be a If your plant wants to reduce emissions I yield the floor. sinkhole. And what does the sinkhole and increase productivity, the Govern- Mr. INHOFE. Mr. President, I suggest do? It goes down into the ground. And ment should not stick you in the eye. the absence of a quorum. what does that do in a State such as It should pat you on the back. But it is The PRESIDING OFFICER (Mr. Florida? It goes down into the Flo- not just air quality that has improved. CHAFEE). The clerk will call the roll. ridian aquifer.

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.030 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13245 In addition to spilling over the sides It has nothing to do with him as a per- necessary to clean up the many or- of the sinkhole, it would flow down in son. I think he is a very fine person. It phaned sites in Florida that depend the natural contours of the land. And has nothing to do with the person-to- upon the now almost bankrupt Super- where did that go to? Into a little person meeting I had with him, asking fund trust fund. creek that then flowed into Lake him about setting forth his ideas on In each one of these cases I have indi- Apopka. the Superfund trust fund I have just cated, two in Escambia County, one We used to have an estimated 4,000 discussed. Of course, he can’t con- west of Orlando—I could take you alligators in Lake Apopka. tradict the White House. He cannot through the other orphan sites in the Mr. INHOFE. Will the Senator yield? contradict the Vice President and the State of Florida—the only source of Mr. NELSON of Florida. I will be President who have already set their revenue we will have to clean up these happy to yield to the Senator. Let me policy that they do not want to fill the sites is the American taxpayer, unless finish. As you can see, I am really into trust fund, that they want to do it by we reimpose the fee that was part of this, and I want to get this picture general revenue appropriations. I think the deal that was struck in 1980 with painted. I will be glad to get into the that is a serious mistake. the oil companies. questions of the policy, but let me I had asked Governor Leavitt about a I would just say in response to my complete my statement, if I may. number of other issues affecting my good friend that if the administration So it flowed down into this creek State of Florida and I appreciate the is requesting additional general rev- that flowed into Lake Apopka. The es- response I received from the Acting Ad- enue, then I say hooray for the admin- timate of the number of alligators in ministrator as directed by Gov. istration. But, that is not going to Lake Apopka today is not 4,000, but 400. Leavitt: EPA is moving the right way solve the problem of hundreds of these Some of those alligators they have cap- on arsenic-treated wood also called sites around the country. You have to tured they find are mutated. CCA, chromium copper arsenate, with have that source of revenue, particu- Now did that come from this witches regard to residential uses and play- larly with the dire financial condition brew? I am not sure scientifically we ground uses. this country is facing, where this coun- can actually say that, but it is poten- I told Gov. Leavitt about two of the try is going into bankruptcy by our tially a cause of environmental dam- toxic waste sites in Pensacola. I told deficit financing each year to the tune age. For the people who live around him about a concern with a phosphate of a half trillion dollars. We are just that toxic waste dump site, there have plant and the health conditions people not going to be able to get the funds to been health problems cited for years. are reporting in East Hillsborough clean up these sites that are so per- We cannot clean it up because we do County. They have responded to all of sonal to the communities in which not have any money. That is what we those. But with regard to the main they are located. Mr. INHOFE. I appreciate my friend, get back to: the money. concern of the policy difference on the because he is my friend, yielding fur- When I was in the House of Rep- trust fund, I must register my protest. resentatives, in 1980, we enacted the Would the Senator from Oklahoma, ther. The point I want to get across is Superfund law and we said: We are who is my dear friend and who takes that according to EPA figures—this going to provide a fund for these hun- the opposite side on this issue, like to was true back in the previous adminis- dreds of toxic waste dumps all over the engage in some conversation on this? I tration also—70 percent of those cleanups are paid for by the polluter. It is country that cannot be cleaned up be- would be pleased to yield. cause the owner of the dump has now Mr. INHOFE. I would like to ask my inaccurate to imply that they are not gone bankrupt or has left town and good friend from Florida: At the very doing it. When you let a tax expire, as there is no one financially responsible beginning of his remarks, he said the they did in 1995—again, this is not a to clean up the dump. money isn’t there. I wanted to make partisan thing because that happened The trust fund would be there so sure he was aware, which I think he is, during the Clinton administration— that is a tax on businesses that has when we did not have a financially re- that the Bush request for 2004 is the nothing to do with polluters. These are sponsible party that could pay for second largest request since the date not polluters who are paying this tax. cleaning up the toxic waste site, we he mentioned being on the floor in 1980. They could be anyone out there. But would have a fund to which we could I was not here until 1984. But right now the fact is that this administration is go. The fund has dwindled and the tax- his request is $1.38 billion. I first ask if making the request for $1.38 billion and payer has to pay more and more of the the Senator is aware of that. the fund is there. costs of cleaning up orphan Superfund Secondly, as far as the tax is con- You can talk about Florida all you sites. Congress-requested studies of the cerned, we have never left the idea of want. I ask my friend from Florida if future needs of the program indicate polluter pays. Right now, polluter he is aware that the most devastating that this Administration has not allo- pays. In 70 percent of the cases, if there Superfund site in America is in my cated the resources necessary to meet is a polluter who can be identified, the State of Oklahoma. No one else is even the needs of the Superfund sites and polluter pays. The problem you are close. communities throughout the country. coming up with, when you talk about The PRESIDING OFFICER. The time In the 1990s, the Superfund fee on pe- the tax—which expired in 1995 under of the Senator from Florida has ex- troleum, chemical feedstocks and cor- the Clinton administration, and Presi- pired. The time yielded to the Senator porate income lapsed. As a result, the dent Clinton did not ask for its rein- from Florida has expired. Does the Sen- only place we have now to go to replen- statement or for a tax—is that that is ator from Vermont continue to yield? ish the fund is the general revenues of not polluter pays. That takes care of Mr. JEFFORDS. I yield the Senator 5 the U.S. Government. You realize how some orphan cases, either general minutes. difficult that is to get the money refunds or that tax. The PRESIDING OFFICER. The Sen- quired to address the many orphaned Is that fair, to have businesses pay- ator may continue. hazardous waste sites across the coun- ing into a fund that pays for pollution Mr. NELSON of Florida. I will con- try, particularly when we are running cleanup that they didn’t cause? That is tinue to yield to my friend. I want to deficits to the tune of a half a trillion a bad policy to do that. I wanted to be respond to him. dollars a year; that is, paying $500 bil- sure we were talking about the same Mr. INHOFE. No one is more con- lion more than we have coming in tax thing. cerned about devastating sites than I revenue so we have to go out and bor- Mr. NELSON of Florida. I thank the am. I would say this. We are going to row the difference. Therefore, the fund- Senator from Oklahoma. He is my correct it. We are in the process of ing of any program is more difficult. friend, and he knows I love him. We cleaning it up. A lot of the funding is It is that policy difference that I can engage in this kind of dialogue not going to be coming from the Super- have with this administration and the with a smile on our faces because we fund that is in place right now. None- White House. That is why I came to the are personal friends. But I have a sig- theless, it is going to be cleared up. floor to register my concern as we de- nificant difference of opinion with the The point is this. It was a tax that ex- bate the nomination of Governor Senator from Oklahoma. This Adminis- pired during the Clinton administra- Leavitt as the new EPA Administrator. tration has not devoted the resources tion. The Clinton administration did

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.032 S27PT1 S13246 CONGRESSIONAL RECORD — SENATE October 27, 2003 not want to renew it and never made that they not fund this trust fund with America. The administration also en- an effort to. This administration has the original Superfund fee. tered into arrangements crafting an never made an effort to renew it be- Mr. JEFFORDS. Mr. President, I energy plan rich with subsidies for the cause it is wrong. It is bad public pol- commend my good friend from Florida oil and gas industry and devoid of any icy to pass a tax for people to pay for for bringing the real world into our dis- fuel efficiency standards for America’s pollution cleanups that they didn’t cussion here and letting the country cars and trucks. A recent GAO report cause. It is as simple as that. and all of us recognize the tremendous found that President Bush’s OMB is I thank the Senator for yielding for problems that exist. His are some of changing environmental regulations, questions. the most astounding problems we have, often without disclosing these actions Mr. NELSON of Florida. It is my but they are throughout the country. to the public. pleasure, of course. If we don’t do something, the lives of The President has refused to act on This is what sharpens ideas, when thousands of people are going to be af- global warming despite recent reports you can throw ideas out and have them fected; they are going to end up being that ice levels in many parts of the discussed in the marketplace of public dead or very ill. So that is what we are world are low, threatening the polar discussion. I respond to my friend by talking about today. It is incredibly bear and other species with extinction. saying, of course, he has heard of the important to find a solution, and I Now we have the successor of Chris- sites that are known as orphan sites. thank the Senator for his contribution. tine Todd Whitman presented, Michael These are toxic waste sites that do not The PRESIDING OFFICER. Who Leavitt of Utah. I have never met him, have a financially responsible party yields time? so I cannot say I have any personal that you can go to in order to get the Mr. JEFFORDS. I yield the Senator knowledge of who he is or what he money to clean it up. from Illinois 10 minutes. stands for. I can only look at his record Therefore, the whole idea of the 1980 The PRESIDING OFFICER. The Sen- as Governor of Utah. The record is not Superfund law was to provide a source ator from Illinois is recognized. encouraging. In fact, with his adminis- of funding for these orphan sites so Mr. DURBIN. Mr. President, I come tration, Utah recently tied for last that you can get them cleaned up, so to the floor with a genuine concern place in Clean Water Act enforcement that the community as a whole can be about this appointment by the Bush and ranked first in the Nation for toxic protected from a health standpoint. I administration. When President Bush waste release. Imagine, the nominee for the EPA’s top post is coming from cited just one site in Florida which was first appointed Gov. Christine Todd a State that ranked No. 1 in the Nation west of Orlando. I can cite another. For Whitman of New Jersey as the head of for toxic waste release, and a State example, in Pensacola we have what is the EPA, many of us breathed a sigh of that tied for last place in the Clean known as ‘‘Mount Dioxin.’’ It is a relief, realizing that she had an ex- Water Act enforcement. What does former wood-treating plant. The site of traordinarily good record as Governor that tell you about his conscience and that old plant is so toxic that an entire of New Jersey when it came to environ- his concern when it comes to the envi- neighborhood subdivision located next mental issues, understanding that ronment? It doesn’t give me a good to it had to be evacuated. It is de- when she came to Washington, she feeling and hope that he will have any serted; it is fenced off. Only now are we would be up against some massive spe- of the strength that Christine Todd having to go back and appropriate ad- cial interest forces who, frankly, be- Whitman had to stand up against the ditional moneys to get to the health lieve that environmental law is too polluters and against the special inter- department as they do an outreach to strong, wrong, and that the special in- est groups and stand up for the envi- try to find the people who used to live terests should have a lot more say in ronment in America. in that neighborhood, to get them to the decisionmaking. That is a sad commentary on this I voted for Christine Todd Whitman come in for their health checks. nominee to this critically important because I had hope she would bring bal- Believe it or not, in the flatlands of position. At this point, many col- ance to an administration that might Florida—in this case, Pensacola—this leagues on the committee and others in turgid, infested soil called Mount be pushed too far toward the special in- the Senate have raised important ques- Dioxin is exactly that. They have it terest groups. On many occasions, she tions, and many answers have not been piled up to the tune of about 40 feet lived up to that aspiration and hope on given as to why the decision was made high, with a tarpaulin strung over it, my part. I met with her several times, by the Republican leadership to move trying to contain all of this toxic discussed important issues, publicly this through. Some say that timing has waste. My goodness, can you imagine a and privately. I was encouraged by the to do with a lawsuit on file in Utah. I major hurricane coming up the mouth things she said. have no idea why we have to do this of Pensacola Bay, straight for the city But it became apparent after a while today. That, frankly, is a decision of Pensacola, and start tearing up that, despite her strong credentials on made by the Republican leadership. Mount Dioxin, spreading that all over the environment, they were no match I will tell you that I think it is a sad the city and Escambia County? Then to the force of special interests when it commentary that a Republican Party, you have another health hazard on came to the Bush administration on with distinguished and rich history your hands. environmental policy. Time and again, leaders such as Teddy Roosevelt, who I don’t want to wait, as the Acting the EPA came down on the wrong side had the foresight to provide Federal Administrator of the EPA has done when it came to protecting the envi- protection to almost 230 million acres EPA’s best in telling me next year they ronment. The list is extremely long. I of land, is considering the appointment are going to come up with a plan to will not go through all of it in detail. of a Governor of Utah to the EPA who take down Mount Dioxin, to grade it to But this was the first President—Presi- has turned his back on the preserva- ground level, and try to figure out how dent Bush—to oppose polluter fees to tion of wilderness areas in his own they are going to dispose of it. It is an- pay for cleaning up toxic waste sites home State. But that is a fact. That is other hurricane season we are going to since Superfund became law. In Illinois a matter of record. have to go through. If we had a source and across America, Superfund waste I urge my colleagues to consider this of funding, EPA could so quickly and sites are there still, today, creating very carefully. If you believe the Bush so much more efficiently go on about toxic emergencies and public health administration’s policy on environ- the task of cleaning up that site. hazards across America because Presi- mental protection is a good one, vote As you can see, I feel pretty strongly dent Bush doesn’t want the polluting yes for Governor Leavitt. If you believe about this. I tried to register this with industry to pay to clean them up. That they have moved forward in making Governor Leavitt a few minutes ago in is a fact. That happened in the EPA America safer when it comes to clean my conversation with him on the tele- with Christine Todd Whitman. It could water and less toxic ways, vote for phone. I tried to register it with him a have been one of the reasons she left. Governor Leavitt. But if you believe, couple months ago in my direct face- This President slashed the EPA en- as I do, that this policy and this ap- to-face conversation with him. But he forcement staff by over 100 employees. proach have been wrong—and, frankly, is shackled because of the policy re- So there will be fewer men and women I believe this nominee has not pre- quirements of the White House; that is, keeping an eye on toxic polluters in sented us with evidence that he will

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.034 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13247 fight to change the Bush administra- and because he will not come back and Mr. JEFFORDS. Mr. President, I tion record on the environment. Sadly, ask for the polluting industries to pay, yield to the Senator from New York as his record as Governor of Utah is point- there is no money for the Superfund much time as she may consume, up to ed in the opposite direction. For that cleanup. the max. reason, I am forced to oppose his nomi- What do we have left? We have the The PRESIDING OFFICER (Mr. nation. stern policy from the administration CORNYN). The Senator from New York. Mr. INHOFE. Will the Senator yield and a new administrator who says he Mrs. CLINTON. Mr. President, I for a question? supports it. The result of it? More toxic thank the ranking member of the EPW Mr. DURBIN. Yes. waste sites in my State, perhaps in the Committee, my friend and colleague, Mr. INHOFE. I think I probably mis- Senator’s, that are there to endanger Senator JEFFORDS, for his leadership understood the Senator. Did you say public health. How can that possibly be on these environmental issues that we that the polluter pays policy has dis- in the best interest of America? are considering today. I am also very appeared, is not in existence now? Mr. INHOFE. If the Senate will yield appreciative of the opportunity to Mr. DURBIN. Virtually gone. further? speak to the nomination of Governor Mr. INHOFE. Are you aware that 70 Mr. DURBIN. I would be happy to Leavitt to be the Administrator of the percent of the cleanups are paid for by yield. EPA on a particular issue of grave con- the polluter today? Mr. INHOFE. The policy is what I cern to me and to my constituents. Mr. DURBIN. The Senator knows bet- was trying to get to. First, it is a fact On August 21, 2003, the inspector gen- ter than that I do that when you stop that the tax ran out during a Demo- eral of the EPA issued a report which taxing the polluting industry, you stop cratic administration, that of Presi- raised serious questions about the creating a fund to clean up the sites. dent Clinton. Secondly, the policy to EPA’s response to the collapse of the The Superfund toxic sites are, frankly, say let’s pass a tax on any business out World Trade Center buildings on Sep- just sitting there. Nothing is being there, or any industry out there, tember 11. In that report—I have a done because the money is not being whether or not they pollute anything, copy here—the EPA IG concluded that collected in the Superfund for enforce- and they have to pay for whomever is the White House had modified several ment. polluting, when today 70 percent of the EPA press releases regarding air qual- The reason is, this administration cleanup—these are the figures—are ity in New York that made them over- said we are going to have a hands-off being paid for by those who are pol- ly reassuring to the public. policy when it comes to the polluting luting, it is a polluters’ pay policy that Second, the IG raised a number of industry. Any money going into Super- is working today. questions about the adequacy of the fund has to come from the general tax Mr. DURBIN. I will reclaim my time EPA’s testing and cleanup program to fund, and then as a consequence of and say to the Senator, if I am not mis- address indoor air quality concerns in their budget there is no money in the taken, the period of time when the tax New York. fund. So this Superfund approach is a was not reinstated was a period of time These findings, as my colleagues dream come true for polluting indus- when the Republicans were in control know, were very disturbing to New tries. This is the first President, Demo- of Congress. Yorkers, the people I represent, who crat or Republican, to turn his back on Stepping aside from that for a mo- went through so much on September 11 the responsibility of polluting indus- ment, the Senator from Oklahoma is and performed so magnificently, not tries to clean up toxic waste and, gifted in this area, understands it bet- only in the heroic responses by our frankly, it appears that Governor ter than most and understands how lit- firefighters, our police, our EMTs, and Leavitt wants to continue that policy. tle is being done today because there is others, but also in the resilience and Mr. INHOFE. Will the Senator yield no money in the Superfund to pay for the extraordinary reactions of so many further? the toxic cleanup. So as a consequence, citizens—the construction workers who Mr. DURBIN. I would be happy to this administration neither puts the dropped their tools in one borough in yield. revenue in the budget nor reinstates uptown Manhattan to rush down to Mr. INHOFE. Is the Senator aware the tax on polluters and basically says help, the utility workers, the volun- that the tax to which he is referring we are going to turn a blind eye to teers, the transit workers, the people went out in 1995 during the Clinton ad- toxic waste sites across America, who got the stock exchange up and ministration; it was not requested to which endanger the water supply of going. It was just an extraordinary be renewed at any time during the re- communities all across the board. demonstration of the spirit and cour- mainder of the Clinton Presidency, nor How can that be right for our chil- age of the people of New York and has it since that time? Secondly, the dren or the families who are unwit- America. reason is that the policy that you tingly being exposed to this kind of So it was troubling when New York- should pass a tax on business to pay for pollution? That is the kind of policy ers had to ask themselves: Can we pollution cleanup that they had noth- which we need to oppose and, frankly, trust our Government? Can we rely on ing to do with is not a fair policy. it is the kind of policy which I am the information we are given when it Mr. DURBIN. I say in response, and afraid Governor Leavitt supports and comes to matters of such critical im- my time is probably running out, there that is why I cannot support his nomi- portance as the air we breathe? was an adequate balance in the Super- nation. It was especially troubling because fund to go forward during the Clinton I yield the floor. we already knew that hundreds and administration because of the collec- The PRESIDING OFFICER. The Sen- hundreds and hundreds of the first re- tions from these polluting industries. ator has used 10 minutes. sponders who came to the Towers, who The Senator from Vermont controls Now that that Superfund is virtually stayed at the pile, who worked day the time. bankrupt and without funds, what the Mr. JEFFORDS. I suggest the ab- after day, were suffering from what Bush administration has said is we sence of a quorum. was called the World Trade Center would not dare ask the polluting indus- The PRESIDING OFFICER. The cough, which really was asthma or tries. Instead, we ask every taxpaying clerk will call the roll. bronchial problems or pulmonary dis- family and business in America to pay The assistant legislative clerk pro- tress or RADS, which is the reactive for Superfund cleanup. That is fun- ceeded to call the roll. air disorder syndrome. damentally unfair. Mr. JEFFORDS. Mr. President, I ask Then we began hearing about people Why should ordinary taxpayers face unanimous consent the order for the who had gone back to work and people the responsibility of pollution and quorum call be rescinded. who had returned to their homes in the toxic waste created by an industry? The PRESIDING OFFICER. Without affected area who were similarly suf- The Superfund, which has been sup- objection, it is so ordered. fering. So it was a very troubling reported by Democratic and Republican Mr. JEFFORDS. Mr. President, how port. It raised a number of questions to Presidents, and rejected by this Presi- much time do I have left? which I and others sought answers. dent, I think was a fair approach. Be- The PRESIDING OFFICER. The Sen- So on August 26 I wrote to the Presi- cause this President will not fund it ator has 34 minutes 10 seconds. dent, along with my colleague, Senator

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.037 S27PT1 S13248 CONGRESSIONAL RECORD — SENATE October 27, 2003 LIEBERMAN, because Senator him. I have known both the Governor some distance and realize we have to LIEBERMAN had been the chairman of and his wife Jackie for a number of change that process. We should not be the appropriate subcommittee of the years. I knew from my conversations interfering with information that goes environment committee that per- with him that he listened very care- directly to the public and which will mitted us to hold a hearing in lower fully and was quite sympathetic with enable members of the public to make Manhattan in February of 2002 to try the concerns I was raising. Obviously, decisions that are right for them. The to begin to get answers to these issues as a nominee he had no authority to answer part of who did what and how long before the inspector general commit the administration to doing this all happened we began to be able talked about them. Senator LIEBERMAN anything. But I did believe he was open to piece together. and I joined together to write a letter to the arguments I was making and the We also started discussions with the to the President, asking for answers to findings of the inspector general. White House concerning the additional the questions raised by the IG report. Because of the hold I placed on Gov- steps that need to be taken. Here we In particular, we wanted more details ernor Leavitt, and the conversations I wanted to try to get a process started about what was claimed in the IG re- had with the Governor and the White that would look at the inspector gen- port to constitute interference by the House personnel assigned to shepherd eral’s recommendations and implement White House with the EPA over the his nomination through the Senate, I them, and go even further to try to de- public information that was made began negotiations with the White termine what we know, what we don’t available to the people of New York House Council on Environmental Qual- know, and what actions we should take and the surrounding area. ity. CEQ it is called. CEQ is the office to get to the bottom of this very We also wanted some reaction about within the White House that tries to thorny question of indoor air contami- the recommendations the IG made. ride herd over environmental policies, nation. This is a new issue for most of For people who are watching at to advise the President on these issues, us. We have been focusing on cleaning home, IG stands for inspector general. and to work with the EPA. We learned up the air on the outside. But increas- Government departments have these because of some documents requested ingly what I am hearing from so many offices. They are independent of what- by Senator JEFFORDS that it was the people in New York and around the ever political administration is in CEQ, the White House Council on Envi- country is we have to do more on in- power at the time, and they are sup- ronmental Quality, which had indeed door air. posed to look after the public interest made the recommendations and issued What happened after 9/11 is the EPA and keep an eye on the people who are the orders to the EPA to change their originally said, This is not within our in government positions. press releases in the immediate after- responsibility. We are not responsible So the EPA Inspector General had math of 9/11. That was the entity with- for following up on indoor air. That is raised all of these questions about the in the White House that made those de- the city’s responsibility. The city of adequacy of the cleanup which the EPA terminations. New York said they did not know what had carried out, and, frankly, rec- I appreciate Senator JEFFORDS’ ef- they were supposed to do on indoor air. ommended some additional steps be forts to obtain those documents be- In fact, before the hearing Senator taken. cause they answered my questions. I LIEBERMAN and I held in February of On September 5, I received a reply didn’t get answers from the EPA or the 2002, a witness appeared from the city from the EPA acting administrator. White House directly, but indirectly who was very candid, and said, We were Frankly, it did not respond to the con- because of the excellent work of Sen- given this responsibility for indoor air. cerns we raised. It was quite defensive ator JEFFORDS and his staff I did get We don’t do indoor air. in tone, which I regretted because I my questions answered. Through a long process of negotia- think we are all in this together, try- It is very clear there were some quite tions, finally in June of 2002 the EPA ing to figure out how we get the best tense conversations, including some took responsibility for running the information to take the most appro- real shouting matches between the testing to determine if there was con- priate actions to protect the health of CEQ White House personnel and the tinuing contamination of the indoor people. The letter on September 5 was EPA personnel over what should or air in residences and workplaces. Un- basically a recitation of all the posi- shouldn’t be in those press releases. fortunately, because this had never tive actions the EPA had taken, many When I met with the head of the been done before, there were a lot of of which I agree were positive actions. Council on Environmental Quality, a holes in the process. There were a lot But that was not what was at issue. gentleman by the name of Jim of missteps in the process. On September 5 of last month, we got Connaughton, I raised my concerns Again, I think that is something we that response. Then we quickly wrote about the process that was underway in should learn from. I give great credit again to the President, reiterating the the aftermath of 9/11, that we needed to to my colleagues who represent Lower demand for answers and actions. But learn some lessons from that process; Manhattan—Congressman JERRY NAD- still we got no response. I regretted it didn’t work; and I understand very LER, who was just absolutely focused that because I think this is an issue well how there can be competing ten- day in and day out in trying to get the larger than even the horrors of Sep- sions between the White House and a EPA first to do this indoor air testing tember 11 and the aftermath. It really government agency, but I think we and then to do it right. All along Con- went to the heart of how we can trust need to learn from that. I was heart- gressman NADLER said this is not being the information and the reliability of ened by Mr. Connaughton’s openness done right. We are going to find out the information we receive from our and his willingness to frankly admit after they go home and they say they Government, especially in times of cri- this was unprecedented. We didn’t have done what they are supposed to do sis. know how we were going to behave in that there are still all kinds of con- When Governor Leavitt was nomi- the face of such a horrific attack. tamination that have been left and nated for the position of Administrator Thankfully, it never happened again, that is going to have an increasing im- of the EPA, I made it clear to Governor and we hope it will never, ever again. pact on people who live and work in Leavitt, to my colleagues on the Envi- But we have to be better prepared. these buildings. ronment and Public Works Committee, To the first part of my inquiry about Sure enough, the testing that went and to the public I would put a hold on answers I wanted about who in the on demonstrated the cleanup was not Governor Leavitt’s nomination. At White House did this and how it all un- adequate and, unfortunately, because that moment it was the only means folded, we were able to obtain quite a it was sort of haphazard and random, available to a single Senator to get the bit of information. Clearly the Council one apartment would be cleaned up but attention of the White House and to on Environmental Quality, working the apartment next door wouldn’t be, demonstrate the seriousness I believed with the National Security Council and or the apartments would be cleaned up these issues demanded. others in the White House, made some in the building but the heating and air I met privately with Governor calls that may not have been the best conditioning wouldn’t be. So it never Leavitt, whom I have known for quite judgment calls. But now we can take a really got the attention and the stand- some time. I have a high regard for look at those in sort of a calmness of ardization that it needed. That is why

VerDate jul 14 2003 23:36 Oct 27, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.040 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13249 the inspector general recommended a minority time under the control of White House Council on Environmental number of additional steps to be taken. Senator LAUTENBERG. I further ask Quality, I will be voting for Governor So we began this process of negoti- consent that following that debate, the Leavitt when his nomination comes be- ating with the White House over what Senate proceed to a vote on the con- fore the Senate because I intend to would or should be done, and I must firmation of the nomination, with no work closely with him as we imple- say it was a very positive process. My intervening action or debate, provided ment this agreement on which the staff, Senator LIEBERMAN’s staff, the that following that vote, the President White House has signed off. White House Council on Environmental be immediately notified of the Senate’s I know there are many who will say: Quality, the EPA, and others have been action and the Senate then resume leg- but it is not everything we should have working together now for several islative session. gotten. And I agree with that abso- weeks. I also ask unanimous consent that lutely. If I could have written it my- Mr. REID. Will the Senator withhold this evening at 5:30 the Senate proceed self, I would have adopted all of the infor a unanimous consent request? to a vote on the confirmation of Cal- spector general’s recommendations. Mrs. CLINTON. Yes. endar No. 424, the nomination of Dale But on the other hand, we now have a The PRESIDING OFFICER. The Sen- Fischer to be U.S. District Judge for process and a venue in which to discuss ator from Utah. the Central District of California; fur- these matters and to try to make Mr. HATCH. As I understand it, the ther, that following that vote the progress together. President be immediately notified of distinguished minority floor manager I thank Senator LIEBERMAN for work- wants to have a UC. the Senate’s action and the Senate ing with me on this effort. I also thank then resume legislative session. Mr. REID. Mr. President, we need to Senator VOINOVICH for being very un- Mr. REID. Mr. President, I want to advise Senators of what is going to derstanding and sympathetic about make sure this includes Senator take place at 5:30. There has been a this issue and working with me on im- change in the schedule to be announced HATCH’s request for 6 minutes before the vote on the judge. I would also ask, portant legislation that, under our shortly by the Senator from Oklahoma. chairman, the Senator from Oklahoma, Mr. President, if Senator LEAHY wishes It is my understanding that following we have passed out of the committee the statement of the Senator from New to speak for up to 2 minutes prior to the vote on the judge, that he be al- which I hope will receive favorable York, the Senator from Utah wishes to floor action sometime in the next sev- speak for up to 5 minutes on the lowed to do so, along with 2 minutes for the Senator from Utah, the chair- eral weeks because it will help to avoid Leavitt matter. these problems in the future. Mr. HATCH. Mr. President, if I could man of the committee. The PRESIDING OFFICER. Is there One of our big problems was nobody have 5 minutes to speak before the vote was quite sure who was in charge of in- on the judge this evening. objection? The Chair hears none, and it is so or- door air. There had been an Executive Mr. REID. Will the Senator from dered. order signed a couple years before Oklahoma go ahead with the UC? The Senator from New York. which seemed to suggest the EPA was, Mr. HATCH. Could I ask the distin- Mrs. CLINTON. Thank you, Mr. but that was not statutorily clear. We guished Senator from New York if she President. needed to figure out where the State would finish so I would have at least 5 Mr. President, over the last several and the city fit. or 6 minutes before the vote? weeks we have been in negotiations So what Senator VOINOVICH and I Mr. REID. If we have to extend the with the White House over the serious have done is to put together, in legisla- vote on the judge for a couple minutes, matters concerning the cleanup and tion, the authority for the President to we can do that. the continuing threat of contamination make these decisions, and to be clear Will the Senator go ahead with the in residences and workplaces in Lower about them, so we do not end up with UC? We will make sure everybody is Manhattan. all of these concerns about who is recovered. Today, we have reached an agree- sponsible and who have to be the front Mr. INHOFE. Mr. President, it is my ment and I have received a commit- people and who does the testing. We understanding that the Senator from ment to action from the White House should put that behind us. I hope we Utah reserved the right to object. I ask to address these indoor air quality con- can act on the legislation Senator if he is objecting. cerns. VOINOVICH and I have put forward. Mr. HATCH. No, I am not objecting, Now, this is not everything I would I also thank Senator REID, who is a with the understanding that I ask have wished for. It is not exactly what long-time friend of the Leavitt family unanimous consent that before the the inspector general has rec- and who shares my hope that Governor vote on the judge this evening, I be ommended. And I will continue to work Leavitt will be the kind of Adminis- given 6 minutes to speak. with the White House and the EPA to trator of EPA with whom all of us on Mr. REID. How long? make sure we go wherever the evidence both sides of the aisle can work, and Mr. HATCH. Six minutes. leads us and that we have independent, that we will see the EPA once again Mr. REID. The Senator from New outside validation of whatever it is the being the agency in the Government York has the floor. EPA does. But we have reached agree- that sets and implements environ- I say to the Senator from New York, ment with the White House for addi- mental policy. we are in no way trying to speed up tional testing to verify that residences your speech. How much longer do you that have been cleaned have not been Again, I thank Senator JEFFORDS for anticipate speaking? recontaminated. his leadership and his deep concern Mrs. CLINTON. I will end my re- In addition, the White House has about these issues. marks so that the Senator from Utah committed to forming an expert panel I also thank my colleague, Congress- will have 6 minutes prior to the 5:30 consisting of both Government experts man JERRY NADLER, for his vigorous vote. and outside experts to reevaluate a advocacy on behalf of New Yorkers and Mr. HATCH. That is acceptable. I range of issues raised by the inspector on making it clear every step of the modify my unanimous consent request. general’s report. way what the shortfalls and the inad- The PRESIDING OFFICER. Without I believe this is an important step equacies in the process adopted by the objection, it is so ordered. forward in addressing the concerns EPA turned out to be. Congressman Mr. INHOFE. Mr. President, I ask raised by New Yorkers about the safety NADLER has been a very staunch ally in unanimous consent that the scheduled of the air we breathe. It is not this effort to get to this point. cloture vote be vitiated and, further, enough—I want to make that abso- Just a few minutes before I came to that at 9:30 tomorrow morning the Sen- lutely clear—it is not enough, but it is the floor, I received a letter from the ate resume consideration of the a step forward, and I believe it will pro- Executive Office of the President, Leavitt nomination and there then be vide a venue in which all of our con- Council on Environmental Quality, 60 minutes equally divided between the cerns can be addressed. signed by James L. Connaughton. I ask chairman and the ranking member or In the spirit that led us to this agree- unanimous consent that the letter be their designees, with 20 minutes of the ment reached by my office with the printed in the RECORD, Mr. President.

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.043 S27PT1 S13250 CONGRESSIONAL RECORD — SENATE October 27, 2003 There being no objection, the mate- In my meeting with Senator CLINTON, we does give us that venue, that process, rial was ordered to be printed in the discussed at length the process of coordina- that opportunity to keep working to- RECORD, as follows: tion following the attacks, including CEQ’s gether to get these answers. role. We have since shared with your staffs a The reason this is so important goes EXECUTIVE OFFICE OF THE PRESI- compilation of federal air quality and re- far beyond my constituents in lower DENT, COUNCIL ON ENVIRONMENTAL lated health studies conducted in the vicin- QUALITY, ity of Ground Zero which the Office of Manhattan. It goes to the heart and Washington, DC, October 27, 2003. Science and Technology Policy completed in soul of what we can expect from our Hon. HILLARY RODHAM CLINTON, December 2002, as well as asbestos moni- Government, how reliable the informa- U.S. Senate, Russell Senate Office Building, toring data for workers OSHA provided to tion is, and whether we are prepared to Washington, D.C. the EPA. As you know, of the more than look at new problems caused by unfore- Hon. JOSEPH I. LIEBERMAN, 4,100 residential units in Lower Manhattan seen, unprecedented events such as U.S. Senate, Hart Senate Office Building, examined as part of EPA’s indoor air quality what occurred on 9/11. Washington, D.C. and cleaning program only about 1 percent That is not the only area where we DEAR SENATORS CLINTON AND LIEBERMAN: I were found to have asbestos at levels exceed- appreciate the opportunity to respond to need to be focused on cleaning up in- ing the health-based standard for long-term door air and being conscious of con- your September 9th letter, building on the risk. We hope this exchange has provided a subsequent constructive discussions that I clearer understanding of the interagency co- tinuing contamination. This morning I have had with Senator Clinton and that our ordination process and a greater knowledge was in Endicott, NY, outside of Bing- respective staffs have had concerning your of the breadth of activities undertaken by hamton, where there was for many questions about lower Manhattan air quality the federal government immediately fol- years a very large IBM plant, a very in the aftermath of the September 11th at- lowing September 11th and since. successful plant. In 1979, there was a tacks and subsequent efforts the government To provide greater collaboration in ongo- has undertaken to further assure public spill, a toxic spill, 4,100 gallons, at ing efforts to monitor the situation for New least, that went into the aquifer and health and safety. This letter sets out our York residents and workers and assure them understanding following those staff discus- then went into the ground water. Now of their current safety, we will be under- sions. what we are finding is that this plume The tragedy of September 11th was unprec- taking the following activities: (1) extend the health follow-up associated with the of toxic material in the water under- edented in its scope. The complexity of the neath this town, 350 acres through situation facing the local, state and federal Agency for Toxic Substances and Disease governments in responding to this terrorist Registry’s (ATSDR) registry of residents and which it has spread—that the fumes attack was immense—the work by all was workers; and (2) convene an expert technical from this plume are now seeping up heroic. review panel to help guide the agencies’ use through the ground into the residences The Environmental Protection Agency of the available exposure and health surveil- of the people in Endicott, NY. working with the Council on Environmental lance databases and registries to charac- So this indoor air issue is not just Quality, OSHA and the State and City of terize any remaining exposures and risks, about post-9/11 and New York City. It is identify unmet public health needs, and rec- New York, did their utmost to communicate a new issue that we must face in this the best available information accurately, ommend any steps to further minimize the and in a timely fashion to meet the needs of risks associated with the aftermath of the Congress because the vast majority of lower-Manhattan residents, workers and World Trade Center attacks. EPA would or- people are totally unable to figure out businesses. Their safety, health and well- ganize and lead this group of experts, with what to do about this issue. being were our greatest concerns, and re- representation from the federal agencies di- I am pleased that we have come to main so today. The information was commu- rectly involved in the air quality response this point, that we have made this nicated through a variety of methods, in- and monitoring, the New York City Depart- progress with the White House. I look cluding press releases, direct communica- ments of Health and Environmental Protec- forward to working with Governor tions with residents and media interviews tion, and outside experts. The panel would Leavitt in trying to resolve these mat- with federal, state and local officials. We review the following: ters. I hope this spirit of cooperation is continue to stand by the information distrib- Within 3–6 months: uted in press releases regarding potential Post cleaning verification sampling to be an indication of a new attitude in the long-term health risks. The EPA Inspector done by EPA in the residential areas in- administration toward the environ- General reported that the experts her office cluded in EPA’s Indoor Air Cleanup to verify ment and toward working with us to spoke to generally confirmed that EPA’s that re-contamination has not occurred from try to solve the health and safety prob- draft risk evaluation tended to support central hearing and air conditioning sys- lems that affect our constituents. EPA’s statements on long-term health ef- tems; The PRESIDING OFFICER. The Sen- fects. The peer reviewed ‘‘World Trade Center In- ator from Oklahoma. As we discussed, the federal government’s door Air Assessment and Selection of Con- Mr. INHOFE. Mr. President, in ac- communications in September of 2001 were taminants of Concern and Setting Health- conveyed real-time in complex and fast-mov- Based Benchmarks,’’ which concluded asbes- cordance with the UC request, I yield 6 ing circumstances. In all instances, we acted tos was an appropriate surrogate in deter- minutes to the distinguished Senator with the best available data at the time, and mining risk for other contaminants. from Utah. updated our communications and actions as Within 18–24 months: Mr. HATCH. Mr. President, I thank new data was coming in. We all learned a Identification of any areas where the my colleague from Oklahoma. I express great deal in the aftermath of September health registry could be enhanced to allow my gratitude to the Democrats and, of 11th, including how to improve our response better tracking of post-exposure risks by course, our two leaders on the com- and communciations efforts. Given a situa- workers and residents. Review and synthesize the ongoing work mittee for being willing to vitiate this tion with the uncertainty and emotions such cloture vote and end what some per- as followed the World Trade Center attacks, by the federal, state and local governments we recognize that we can communicate best and private entities to determine the charac- ceived was a threatened filibuster of through a focused, civil, and collaborative teristics of the WTC plume and where it was Governor Leavitt. I am very appre- effort. After September 11th, EPA conducted dispersed, including the geographic extent of ciative that they will allow a vote up a ‘‘lessons learned’’ exercise and, in conjunc- EPA and other entities’ monitoring and test- or down tomorrow morning on Gov- tion with the new Department of Homeland ing, and recommend any additional evalua- ernor Leavitt’s nomination as Admin- Security, improved its emergency response tions for consideration by EPA and other istrator of the Environmental Protec- and crisis communications system, improve- public agencies. tion Agency. That is what should be ments that were successfully put to test in We look forward to working with you. Clearly, we are agreed that the health of done. the swift and well-coordinated response to Governor Leavitt is one of the finest the space shuttle Columbia tragedy in Feb- New York’s residents and workers is para- ruary. mount. By working together, we can ensure public servants in this country. He has In her prior letter to you, Acting Adminis- their needs are met. served our State long and well, but he trator Horinko outlined many actions the Sincerely, has served the whole country in a vari- EPA is continuing to take in response to this JAMES L. CONNAUGHTON. ety of ways which I will mention. tragedy. Ms. Horinko described the substan- Mrs. CLINTON. This letter, which It goes without saying that this is tial amount of monitoring, cleaning and re- does give us the basis for further ef- not a job Governor Leavitt has asked cleaning already conducted, the coordination forts to try to get to the bottom of for or aspired to. But he has accepted between EPA, FEMA and OSHA on indoor cleanup, OSHA’s commitment to continue to these issues concerning indoor air, is a the President’s nomination, first of all investigate complaints of dust exposure from very welcome step forward. Again, al- because the President has asked him workers in commercial establishments, and though it is not enough, it is not what to, and second, because it’s a job of EPA’s ongoing focus on residences. the inspector general had in mind, it critical importance for our Nation.

VerDate jul 14 2003 01:51 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.008 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13251 Other than our people and our values, successful that the U.S. Department of I know works harder, is more fair and our Nation’s environment and natural Agriculture has adopted it as a model. honest, is more capable, and is more resources are our greatest asset. We in Governor Leavitt has also led initia- sincere than my good friend, the Gov- Utah understand that better than tives in our State to preserve our open ernor of Utah. I urge my colleagues to most. space, improve fisheries, upgrade sewer join me in confirming Michael Leavitt And in spite of what some critics of systems, and clean up 5,000 under- to fill one of the most important jobs President Bush would have us believe, ground gas storage tanks, thus pre- in government, the Administrator of our Nation has been steadily getting venting their contamination of Utah’s the Environmental Protection Agency. cleaner and safer every year of his water supply. Thanks to Governor I thank all of those who are making presidency. Already, President Bush Leavitt’s careful stewardship, Utah’s this possible with an up-or-down vote has signed the Persistent Organic Pol- natural resources have not only sur- tomorrow morning. lutants Treaty. He has proposed and vived a period of intense economic and The PRESIDING OFFICER. All time begun implementing ground breaking population growth but have been im- has expired. legislation to greatly accelerate the proved across the board. f clean up of our Nation’s brownfield Is it any wonder that President Bush NOMINATION OF DALE S. FISCHER sites. He has announced his plan to re- looks to Governor Leavitt to lead the TO BE UNITED STATES DISTRICT duce off-road diesel emissions by 90 charge on this very important front, JUDGE FOR THE CENTRAL DIS- percent. when the Governor has so successfully Although his critics refuse to believe pursued a collaborative approach to TRICT OF CALIFORNIA it, President Bush’s Clear Skies initia- improving the environment? The PRESIDING OFFICER. The tive will, in fact, lead to quicker reduc- To anyone who questions Michael clerk will report the pending judicial tions in air pollution across the board Leavitt’s commitment, I say: Look at nomination. than would otherwise be accomplished. the record; it speaks for itself. We can The legislative clerk read the nomi- Under President Bush, powerplants will also look at Utah’s budget during his nation of Dale S. Fischer, of California, be updated and become cleaner than administration. to be United States District Judge for ever before. Under President Bush our In his 10 years as Governor, Mike the Central District of California. forests and other natural resources will Leavitt won a 41 percent increase in The PRESIDING OFFICER. The Sen- become better managed, and the threat spending on environmental protection, ator from Utah. of forest fires will be reduced—some- and that’s after adjusting for inflation. Mr. HATCH. Mr. President, I rise thing that has not been done in the According to the Environmental Coun- today to speak in support of the nomi- past. cil of States, the average per capita nation of Dale Susan Fischer for the Most important, our President is ac- spending on the environment is $51.80. U.S. District Court for the Central Dis- complishing these environmental goals Under Michael Leavitt, however, Utah trict of California. without a dramatic increase in Federal surpassed that average, spending $62.31 Judge Fischer is a Harvard Law grad- mandates. He is doing it without pit- per capita on the environment. The av- uate. She was a practicing attorney for ting the environment against human erage State spends about 1.4 percent of 17 years before her appointment to the needs. He is doing it without pinning its budget on the environment. Under Municipal Court of California, Los An- the ‘‘polluter’’ label on our industry, as Governor Leavitt’s leadership, Utah geles Judicial District, in 1997. Three the past administration was so apt to now spends 2 percent of its budget on years later, she became a judge of the do. President Bush has shifted the en- the environment. Superior Court of California, Los Ange- vironmental debate from one about The record proves that Governor les County, where she currently sits. process and control to one about out- Leavitt is a champion of the environ- Judge Fischer has more than 20 years comes and results. ment. But the record also informs us of legal experience. She will be a fine Governor Leavitt has a similar that he is one of the finest public man- addition to the Federal bench. record for improving the environment agers in the Nation. The Governor has We are proud to support her nomina- in Utah. Before Governor Leavitt came worked tirelessly for our State. Yet, he tion. I recommend that my colleagues to office, Utah often failed to meet na- has found the time to serve as the vote in her favor. tional clean air standards. In large part chair of the Council of State Gov- Mr. LEAHY. Mr. President, with the this was because most Utahns live on a ernors, the Republican Governors’ As- judicial confirmation today, in less valley floor surrounded by mountains. sociation, the Western Governors’ As- than 3 years’ time, President George Through hard work and consensus sociation, and the National Governors’ W. Bush has exceeded the number of ju- building, though, Governor Leavitt Association. You don’t get there with- dicial nominees confirmed for Presi- helped Utah to overcome our air qual- out being one of the best, if not the dent Reagan in all 4 years of his first ity obstacles, and our State now is in best. term in office. Senate Democrats have consistent compliance with the EPA’s In 5 of Mike Leavitt’s 10 years as cooperated so that this President has air quality standards. Utah’s chief executive, our State has now exceeded that record. Republicans Governor Leavitt also has been a been ranked the best managed State. acknowledge to be the ‘‘all-time leader in finding solutions to regional USA Today recently called Utah the champ’’ at appointing Federal judges. air problems. He helped to begin the best fiscally managed State in the Since July 2001, despite the fact that Grand Canyon Visibility Transport country. Even after the extremely the Senate majority has shifted twice, Commission and the Western Regional tough financial times faced by our a total of 167 judicial nominations have Air Partnership, which established a States in recent years, under Governor been confirmed, including 29 circuit wide sweeping collaborative approach Leavitt, Utah has maintained its Tri- court appointments. One hundred to reducing haze over our national ple A bond rating. judges were confirmed in the 17 months parks and public lands on the Colorado How could President Bush have found of the Democratic Senate majority and Plateau. a better candidate to head up the Envi- now 67 have been confirmed during the When Governor Leavitt took office, ronmental Protection Agency? The an- comparative time of the Republican about 60 percent of Utah’s streams met swer is he couldn’t have. majority. Federal water quality standards. This And how does holding up Michael One would think that the White represented the current national aver- Leavitt’s nomination help our environ- House and the Republicans in the Sen- age for States. Under his leadership, ment or our nation? We finally con- ate would be heralding this landmark. though, 73 percent of Utah’s streams cluded it doesn’t. The obvious answer One would think they would be con- now meet the Federal standards, which is: it doesn’t. Clearly, confirming this gratulating themselves for putting is well above the national average. nominee is in the best interest of our more lifetime appointed judges on the With his oversight, Utah developed a environment and our Nation. Federal bench than President Reagan collaborative approach to meeting the Finally, let me just say that I have did in his entire first term and doing it Concentrated Animal Feeding Oper- known Mike Leavitt and his wonderful in three-quarters of the time. But Re- ations regulations. His approach was so wife Jackie for nearly 30 years. No one publicans have a different partisan

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.047 S27PT1 S13252 CONGRESSIONAL RECORD — SENATE October 27, 2003 message and this truth is not con- record numbers. We have worked hard sits on the Los Angeles Superior Court sistent with their efforts to mislead to balance the need to fill judicial va- where she is well regarded for her the American people into thinking that cancies with the imperative that Fed- knowledge of bail issues. She also Democrats have obstructed judicial eral judges need to be fair. In so doing, serves as Chair of the Los Angeles Su- nominations. we have reduced the number of judicial perior Court’s Temporary Judge Com- Not only has President Bush been ac- vacancies to 41. More than 95 percent of mittee, training and monitoring ap- corded more confirmations than Presi- the Federal judgeships are filled. After proximately 1000 temporary judges in dent Reagan achieved during his entire inheriting 110 vacancies when the Sen- Los Angeles County. first term, but he has also achieved ate Judiciary Committee reorganized The Central District will benefit more confirmations this year than in under Democratic control in 2001, I greatly from the exemplary service of any of the 6 years that Republicans helped move through and confirm 100 of Judge Fischer, and I fully support con- controlled the Senate when President the President’s judicial nominees in firmation of this nominee. Clinton was in office. Not once was just 17 months. With the additional 67 Mr. HATCH. Mr. President, I ask for President Clinton allowed 67 confirma- confirmations this year, we have the yeas and nays on the nomination. tions in a year when Republicans con- reached the lowest number of vacancies The PRESIDING OFFICER. Is there a trolled the pace of confirmations. De- in 13 years. There are more Federal sufficient second? spite the high numbers of vacancies judges on the bench today than at any There is a sufficient second. and availability of highly qualified time in American history. The question is, Shall the Senate ad- nominees, Republicans never cooper- The nominee we vote on today is par- vise and consent to the nomination of ated with President Clinton to the ex- ticularly suited to being the 167th judi- Dale S. Fischer, of California, to be tent Senate Democrats have. President cial nominee confirmed, for Judge Dale United States District Judge for the Bush has appointed more lifetime cir- Fischer was nominated after rec- Central District of California? cuit and district court judges in 10 ommendation from a bipartisan selec- The clerk will call the roll. months this year than President Clin- tion commission in California. When The legislative clerk called the roll. ton was allowed in 1995, 1996, 1997, 1998, we can work together on consensus Mr. MCCONNELL. I announce that 1999, or 2000. nominations, they move quickly and Last year, the Democratic majority the Senator from Virginia (Mr. ALLEN), successfully to confirmation. The the Senator from Kentucky (Mr. in the Senate proceeded to confirm 72 nominee has the support of both home- BUNNING), the Senator from Pennsyl- of President Bush’s judicial nominees State Senators, both Democrats, and vania (Mr. SANTORUM), the Senator and was savagely attacked nonetheless. has earned the unanimous support of from Pennsylvania (Mr. SPECTER), and Likewise, in 1992, the last previous full all 19 Senators who are members of the the Senator from Wyoming (Mr. THOM- year in which a Democratic Senate ma- Judiciary Committee, both Repub- AS) are necessarily absent. jority considered the nominees of a Re- licans and Democrats. She has signifi- I further announce that if present publican President, 66 circuit and dis- cant judicial experience and received and voting the Senator from Kentucky trict court judges were confirmed. His- the highest peer review rating avail- (Mr. BUNNING) would vote ‘‘yea.’’ torically, in the last year of an admin- able. I am happy to support this nomi- Mr. REID. I announce that the Sen- istration, consideration of nominations nation and congratulate the nominee ator from Delaware (Mr. BIDEN), the slows, the ‘‘Thurmond rule’’ is invoked and her family on her confirmation. I Senator from New Jersey (Mr. and vacancies are left to the winner of also comment Senator FEINSTEIN and CORZINE), the Senator from North the Presidential election. In 1992, Senator BOXER on maintaining a bipar- Carolina (Mr. EDWARDS), the Senator Democrats proceeded to confirm 66 of tisan selection process. President Bush’s judicial nominees Mrs. BOXER. Mr. President, I am from Hawaii (Mr. INOUYE), the Senator even though it was a Presidential elec- pleased to offer my support for the from Massachusetts (Mr. KERRY), the tion year. By contrast, in 1996, when nominee for the Central District Court Senator from Wisconsin (Mr. KOHL), Republicans controlled the pace for of California—Judge Dale Susan Fisch- the Senator from New Jersey (Mr. LAU- consideration of President Clinton’s ju- er. Judge Fischer is well regarded by TENBERG), the Senator from Con- dicial nominees, only 17 judges were those who know her work. necticut (Mr. LIEBERMAN), and the Sen- confirmed and not a single one of them I want to emphasize the excellent ator from Maryland (Ms. MIKULSKI), was to a circuit court. process that we have in place to select are necessarily absent. In fact, President Bush has now al- District Court nominees in California. I further announce that, if present ready appointed more judges in his In a truly bipartisan fashion, the and voting the Senator from Massachu- third year in office than in the third White House Counsel, Senator FEIN- setts (Mr. KERRY) and the Senator from year of the last five Presidential terms, STEIN, and I worked together to create New Jersey (Mr. LAUTENBERG) would including the most recent term when four judicial advisory committees for each vote ‘‘yea.’’ Republicans controlled the Senate and the State of California, one in each The PRESIDING OFFICER (Mr. President Clinton was leading the Federal judicial district in the State. CHAMBLISS). Are there any other Sen- country to historic economic achieve- Each committee has a membership of ators in the Chamber desiring to vote? ments. That year, in 1999, Republicans six individuals—three appointed by the The result was announced—yeas 86, allowed only 34 judicial nominees of White House and three appointed joint- nays 0, as follows: President Clinton to be confirmed all ly by Senator FEINSTEIN and me. Each [Rollcall Vote No. 411 Ex.] year, including only 7 circuit court member’s vote counts equally, and a YEAS—86 nominees. Those are close to the aver- majority is necessary for recommenda- Akaka Collins Grassley age totals for the 6 years 1995–2000 tion of a candidate. Alexander Conrad Gregg when a Republican Senate majority This nominee was reviewed by the Allard Cornyn Hagel was determining how quickly to con- Central District Committee and Baucus Craig Harkin Bayh Crapo Hatch sider the judicial nominees of a Demo- strongly recommended for this posi- Bennett Daschle Hollings cratic President. By contrast, with to- tion. I continue to support this bipar- Bingaman Dayton Hutchison day’s confirmation, the Senate this tisan selection process and the high Bond DeWine Inhofe quality nominees it has produced. Boxer Dodd Jeffords year will have confirmed 67 judicial Breaux Dole Johnson nominees, including 12 circuit court Judge Fischer has an impressive Brownback Domenici Kennedy nominees, almost double the totals for background and has served the people Burns Dorgan Kyl 1999. of California with distinction for sev- Byrd Durbin Landrieu Campbell Ensign Leahy These facts stand in stark contrast to eral years. She is a graduate of Har- Cantwell Enzi Levin the false partisan rhetoric that demon- vard Law School and the University of Carper Feingold Lincoln ize the Senate for having blocked all of South Florida. She had extensive civil Chafee Feinstein Lott this President’s judicial nominations. experience as a private attorney before Chambliss Fitzgerald Lugar Clinton Frist McCain The reality is that the Senate is pro- she was appointed to the Los Angeles Cochran Graham (FL) McConnell ceeding at a record pace and achieving Municipal Court in 1997. She currently Coleman Graham (SC) Miller

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.006 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13253 Murkowski Roberts Stabenow have had no time to gather anything Act, written by Senator LEAHY and Murray Rockefeller Stevens other than their loved ones as they flee myself. There are other proposals. I Nelson (FL) Sarbanes Sununu Nelson (NE) Schumer Talent from an inferno that engulfs every- hope we can come to an agreement Nickles Sessions Voinovich thing it touches. that the time is now to help our com- Pryor Shelby Warner More than 50,000 people have been munities and to provide the resources Reed Smith Wyden evacuated and the numbers continue to Reid Snowe to help them, not the big logging peo- climb. Thirty-six evacuation centers ple, because that is the fight we are al- NOT VOTING—14 have already been set up in the five ways waging. Allen Inouye Mikulski county areas. I spent pretty much all Air traffic across the Nation has been Biden Kerry Santorum of yesterday speaking to mayors and disrupted by these fires. Hundreds of Bunning Kohl Specter Corzine Lautenberg Thomas council members and county super- flights in and out of southern Cali- Edwards Lieberman visors and to Governor Davis. I talked fornia have been canceled or sus- The nomination was confirmed. three times to the head of FEMA, and pended. Our brave firefighters, more The PRESIDING OFFICER. Under I spoke with Andrew Card, the Presi- than 7,000, are frantically working in the previous order, the President will dent’s chief of staff, who was most conjunction with the California De- be notified of the Senate’s action. helpful. The message I had for the partment of Forestry, the U.S. Forest President, through Mr. Card, was: Service, California Highway Patrol, the f Please, move quickly, as quickly as Red Cross, and now, happily, FEMA, LEGISLATIVE SESSION you can, to declare a national disaster which are very much involved to con- because without that, we simply can- tain these fires. The PRESIDING OFFICER. Under not get these fires under control. It has Many are still raging out of control. the previous order, the Senate will now taken a while, but in the last couple of I want to be back here as soon as I can return to legislative session. hours we had our declaration. to talk about how we can rebuild our The Senator from Kentucky. This is very important because it communities. But today we are talking f means the Forest Service can now go about fires that are raging out of con- beyond its budget, because its budget is trol. MORNING BUSINESS limited, and contract with departments I thank White House Chief of Staff Mr. MCCONNELL. Mr. President, I all over the country to bring in the Andrew Card. I thank FEMA Director ask unanimous consent that there now help we need. Michael Brown. I did try to call Tom be a period for morning business, with I have been through a lot of disasters Ridge. Unfortunately, he was out of the Senators entitled to speak for up to 10 in my State. I served on the board of country, but I spoke with his people minutes each. supervisors of Marin County. I have and again with many of the local peo- Mrs. BOXER. Mr. President, reserv- seen fires and floods and earthquakes, ple. ing the right to object, I did not hear and then, as a 10-year Congresswoman, In closing, let me say that my heart what the unanimous consent request I have seen all this. I have not seen is with the people of San Bernardino was. anything to this degree where we still County where two major fires are burn- Mr. MCCONNELL. I was just asking don’t have our arms wrapped around ing: The Old fire—by the way, we think unanimous consent that the Senate this problem. We don’t have the prob- arson was to blame for that fire. I have proceed to a period of morning busi- lem contained, whereas usually when written to the Attorney General and ness, with Senators entitled to speak we have these disasters, we are up here will call him in the hope that he will for up to 10 minutes each. saying we need to set up the FEMA invite in the FBI to get to the bottom Mrs. BOXER. Fine. agencies where we can now go and have of who would do such a deed. The other The PRESIDING OFFICER. Without people get repaid and get loans for fire in San Bernardino is the Old Fire, objection, it is so ordered. their businesses and homes, and we will 24,000 acres. The Grand Prix is 52,000 The Senator from California. do that in time. That is very impor- acres. In San Diego, there were three tant. But right now we need to put out major fires. Everyone is struggling to f the fires. make sure they don’t merge. CALIFORNIA FOREST FIRES I thank Nevada and Arizona. They We do have 48,000 customers without power in San Diego. In Otay, 35,000 Mrs. BOXER. Mr. President, I rise have helped. They have sent between 25 acres are burning. The Cedar Fire in today with great anxiety about what is and 50 firetrucks with personnel to our San Diego has been the deadliest one: 9 happening in my State. You can see State. I will give you another look at San deaths, 300 homes destroyed, 150 in here behind me the view of one of the Diego. This is the harbor. You can see Scripps Ranch. The Paradise Fire in fires that is burning from the vantage it just has the eeriest look to it. You San Diego: 160 structures were de- point of a fireman. These fires have be- can see the flames in the background. stroyed, 75 cars, 2 deaths, and so far come the worst wildfires Californians We also want to say that we have re- not contained. In Los Angeles County, have seen in decades. In less than 1 ceived 50 tanker trucks, and 12 air it is the Verdale Fire, 9,000 acres. In week they burned nearly twice as tankers are coming tomorrow. This is Ventura, there are two major fires, many acres as are burned statewide in all good news for the people of San Simi Valley and Piru. We are very wor- the average fire year. Diego. Supervisor Jacob was at her ried about those. And at Riverside, The numbers in my statement today wit’s end yesterday because she was there is one major fire. The Governor may already be obsolete. Things are not getting enough help. The other has not yet asked for an emergency moving that fast in terms of property areas, the mutual aid, seem to be work- declaration in Riverside, but it may damage, homes destroyed, and so on. ing better, but San Diego came along come to that. If it does, I am very The wildfires range from as far south afterwards, and I have been very wor- hopeful that the President will act on as the Mexican border to as far north ried about them. that request as well because we have as Los Angeles and Ventura Counties. The crown jewels of California’s lost six homes in Riverside, and the They have consumed a total of more beautiful landscape, our beautiful for- size of the fire there is 11,000 acres. than 400,000 acres or 625 square miles. ests, have been hurt. We are going to This declaration by the President is To put that in perspective, that is have legislation that will in fact allow welcome news for us. three times the size of Chicago. The us to do fuel reduction close to commu- We need to put aside all politics now. fires are devouring businesses and nities. It is very important, when we We have an outgoing Governor. We homes and sometimes entire neighbor- have a bill that relates to our forests, have an incoming Governor. We all hoods. More than 900 homes have al- that we put the money where it is have to just join hands in this because ready been destroyed and perhaps 30,000 needed, which is near the communities, our people are scared. They are filled more are in danger. I know people are and that we make sure that what we do with anxiety. They want this over. without electricity in areas throughout will in fact help the communities. They want to go on and rebuild their the State. Many are escaping with only The bill we are talking about is the lives. I join with my colleague in ex- the clothes on their backs, and families Forestry and Community Assistance pressing my condolences to those who

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.007 S27PT1 S13254 CONGRESSIONAL RECORD — SENATE October 27, 2003 have lost family. My deep hope is that For decades, we have put out the diately. That is an important step for- we will contain these fires. We will ground fires that would otherwise clear ward, but we need broader measures to save additional lives, we will shelter out the brush. The result is huge fuel reduce the threat from our forests. those who have been displaced, and we loads of small trees and brush, which is I am delighted that the chairman of will rebuild. perfect kindling for a catastrophic fire. the Agriculture Committee is on the I thank the Chair and yield the floor. In areas such as San Diego County, floor tonight, Senator THAD COCHRAN, The PRESIDING OFFICER. The Sen- where there is more brush than forests, because we have worked with him to ator from California is recognized. fire suppression has likewise created produce a compromise bill that I hope Mrs. FEINSTEIN. Mr. President, I such a tangle of brush that fires often will be on the floor of the Senate soon. join with my colleague, Senator BOXER, cannot be stopped. I hope it will be passed because this with some remarks about the fire. This The Santa Ana winds are another bill, which can get 60 votes, is the only fire is actually far more serious than factor. These hot, dry winds blow often chance that this Congress has an op- any fire I have seen, and I have spent in the fall, and they don’t just occur in portunity to pass a hazard fuels miti- some time now becoming familiar with southern California. The 1991 fire in gation program this year. forestry practices and fires. Oakland and Berkley was fanned by The fact is, there are 57 million acres Before a fire is under control, it has similar devastating winds. They come of Federal land at the highest risk of to be contained, and virtually no as- every year. We know they are coming, catastrophic fire, including 8.5 million pect of these 10 fires are contained to- yet we have not adjusted our forest acres in California alone. In the past 5 night. As my colleague said, they have practices to deal with them. years, wildfires like the ones going on taken 13 lives; they have destroyed Hundreds of thousands of dead and today have raged through 26.9 million 1,100 homes; they have burned over dying trees from infestation, such as acres, including over 2 million acres in 400,000 acres, and that is two-thirds the the bark beetle, remain untreated, California. size of Rhode Island. Virtually no fire trees unremoved, with as many as In response to these threats, an is contained and firefighters must con- 90,000 people living in bark beetle-in- agreement has been reached by a bipar- duct an evacuation to move people out. fested forests in San Bernardino Coun- tisan group of 10 Senators to protect Senator BOXER gave you the latest ty, with only one-leg roads to get them our forests from catastrophic fire by figures on some of these fires. But out in case of catastrophe. expediting the thinning of hazardous there is one fire I wish to point out and With all these conditions for disaster fuels and, at the same time, provide that is the fire heading toward San in place, I have feared for some time the first legal protection for old- Diego. Mayor Murphy of San Diego now that California could face a dev- growth trees in our Nation’s history. said to me last night that the fire is astating season of wildfires, and that Those who have participated, along pointed like a spear into the heart of seems to be just what is happening with myself, in the lengthy negotia- San Diego. It is running through hous- right now. So I believe we need to take tions—2 years now—leading up to this ing projects, crossing freeways, and it action now, not just to correct our mis- agreement include Senators THAD is extremely dangerous. These fires are management of the forests and the COCHRAN, RON WYDEN, LARRY CRAIG, virtually all over—from Los Angeles brush but for a more basic reason. MIKE CRAPO, PETE DOMENICI, JON KYL, down to the Mexican border. I will soon We need to act in advance because of BLANCHE LINCOLN, JOHN MCCAIN, and print in the RECORD the specific statis- the terrible fact that most of the MAX BAUCUS. tics about each one. deaths that occurred in these fires did Legislation implementing the agree- Like my colleague, I spoke four so because people had too little time to ment as a proposed substitute amend- times with Mike Brown. He was in Al- escape. At least seven people, so far, ment to title I of H.R. 1904, the House- buquerque. I am pleased that he is have died as they tried to escape the passed Healthy Forest bill, was filed by headed to southern California. He has cedar fire in the narrow Wildcat Can- Senator COCHRAN, chairman of the Ag- cut redtape, brought in 22 additional yon area near the Barona Ranch Indian riculture Committee, on October 2. Yet engines, 3 strike teams, firefighters Reservation in San Diego County. Peo- there have been objections raised to from northern California are headed to ple died on foot, people died in their proceeding with this bipartisan sub- the south, and teams coming in from cars, people died still trapped in their stitute amendment. surrounding States. We are very grate- homes. At least two children died while I urge my colleagues in the strongest ful for that. trying to escape with their parents. possible terms to support this legisla- I am also grateful to the President The fires travel just too quickly, and tion so we can defend our communities for declaring a Federal state of emer- hillside roads are too narrow and too and protect our forests. gency for San Bernardino, San Diego, winding to count on people being able I wish to take a few moments be- Ventura, and Los Angeles Counties. to get out. cause if ever there is a time to look at The State declaration has also been Let me give you one story. Violet this kind of legislation it is now. I wish called by Governor Davis, and Federal Ingrum lived in San Diego’s Scripps to spend a few moments and describe disaster assistance will now include aid Ranch neighborhood. She went to bed exactly what the legislation would do. to individuals and households, aid to Saturday night worried mainly about It would establish an expedited proc- public agencies for emergency services, her daughter, who lives in Hollywood, ess so the Forest Service and the De- and repair or replacement of disaster- and the danger of potential wildfires to partment of Interior can get to work damaged public facilities, and funding her daughter’s home. Only a few hours on brush-clearing projects to minimize for measures designed to reduce losses later, she woke up to a howling wind the risk of catastrophic wildfire. Up to to property. The Federal Government and the horrifying sight of flames be- 20 million acres of lands near commu- has already provided fire management yond her back fence and debris falling nities, municipal watersheds, and other assistance grants for at least eight into her swimming pool. She only had high-risk areas are included in our wildfires in southern California. These time to grab her two cats and two project. This includes lands that have grants reimburse the State for 75 per- photo albums, and one of her cats suffered from serious wind damage or cent of the cost of fighting the fire. jumped out of the car before she could insect infestations, such as the bark My sadness and concern about these get away. But she was a lucky one. So beetle. wildfires are not confined to those who I believe very deeply that we need to The PRESIDING OFFICER. The Sen- lost their lives and their properties, act now to reduce the threat from ator has used 10 minutes. but it is also the reality that they were these wildfires and to give our fire- Mrs. FEINSTEIN. I ask unanimous entirely predictable, and new ones will fighters a better chance to defend our consent for another 8 minutes. also burn across my State. communities. The PRESIDING OFFICER. Without I believe we must take steps now to We were able to get Congress to ap- objection, it is so ordered. reduce the harm of forest fires. These prove $30 million last month in fiscal Mrs. FEINSTEIN. A total of $760 mil- conditions are all familiar to us— 2003 funds to help battle the bark bee- lion is authorized. That is a $340 mil- drought, densely packed forests, tle, and I am urging the Forest Service lion increase over current funding. At unhealthily crowded with little trees. to put those funds to work imme- least 50 percent of the funds would be

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.062 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13255 used for fuels reduction near commu- parties can sue in Federal court only when it goes to conference, because if nities. That is what we do not have in on issues raised in the administrative it does not, and if the vehicle is not this catastrophic wildfire that is tak- review process. This is common sense this bill, there will not be a bill. I ing place right now. that allows agencies the opportunity to think that is the truth as many find it. The legislation also requires that correct their own mistakes before ev- So to all of those in California who large fire-resilient old-growth trees be erything gets litigated. Lawsuits must have suffered such grievous loss, I join protected from logging immediately. It be filed in the same jurisdiction as the my colleague in sending our deepest mandates that forest plans that are proposed project. This also makes com- condolences. I have asked all my staff more than 10 years old and most in mon sense. Courts are encouraged to to go to southern California to be need of updating be updated with old- resolve the case as soon as possible, available to receive calls from people growth protection consistent with the and preliminary injunctions are lim- to try to hook them up with whatever national standard within 2 to 3 years. ited to 60 days. They can be extended, help or aid they need. FEMA will Without this provision in the amend- but the individuals making the claim shortly be making announcements as ment, we would have to wait a decade have to go back to court and justify to what numbers to call, where to go to or more to see improved old-growth why they need another preliminary in- fill out the applications, and we will do protection. Even then, there would be junction. everything we can to help facilitate no guarantee that this protection The court must weigh the environ- that process. against the threat of both logging and mental benefit of performing a given This is truly one of the great trage- catastrophic fire would be very strong. project against its environmental risk dies of human life. Can my colleagues In California, the amendment to the as it reviews the case. This is the bal- imagine children and parents being Sierra Nevada framework that is cur- ance-of-harms language. burned fleeing from this kind of a fire rently in progress will have to comply I deeply believe this amendment is and over 1,000 families losing every- with the new national standard for old- much preferable to the House bill thing they have worked a lifetime to growth protection. We have also tried which has passed. There are many ways build? to expedite, shorten, and improve the in which we improve on the House- I yield the floor. administrative review process to make passed bill. First, we focus on the high- The PRESIDING OFFICER. The Sen- it more collaborative and less est priority lands, where we need to un- ator from Mississippi. confrontational. dertake brush-clearing projects to re- Mr. COCHRAN. I ask unanimous con- It is critical that the Forest Service store forest health and prevent forest sent that I may proceed for 1 minute as spend its scarce dollars by doing work fire. These include the wildland urban in morning business. on the ground rather than being mired interface as defined by the commu- The PRESIDING OFFICER. Without in endless paperwork. The legislation nities needing protection. It includes objection, it is so ordered. we submitted preserves multiple oppor- lands where fires would threaten mu- Mr. COCHRAN. Mr. President, I rise tunities for meaningful public involve- nicipal water supplies and lands sig- to commend my friend, the distin- ment. People can attend a public meet- nificantly harmed by insects. guished Senator from California, for ing on every project. They can submit Secondly, we have protected both her active involvement and effective comments during both the preparation old-growth stands and large trees work in reaching this agreement that of the environmental impact statement across the landscape. The projects ex- has been reported out of the Senate Ag- and during the administrative review pedited by this act will restore forest riculture Committee, the Healthy For- process. I guarantee that the public health. est Restoration Act. It is the vehicle will have a meaningful say in these Finally, the Senate agreement re- that we can use to truly bring relief to projects. moved a provision of the House-passed the citizens of America from disasters It does change the environmental re- bill that could have threatened the fair like this one that has befallen the citi- view process so that the Forest Service and impartial judicial review of Forest zens of California. still considers the effects of a project Service actions. This provision would I must say I have been worried, as in detail but can focus its analysis on have tilted the playing field in forestry has she and others in the Senate, that the proposal, one reasonable alter- litigation by requiring a court to defer this kind of tragedy could happen. It native that meets the project goals and to the Federal Agency’s views in decid- could happen in many other States. It the alternative of not doing the ing whether to issue an injunction. So is time for the Senate to act now. The project, instead of the five or nine al- we have seriously improved the House only thing I disagree with about the re- ternatives that are now often required. bill. marks of the Senator is she says the This is not the siting of a freeway In closing, I say to my colleagues ball is in the White House’s court. where one may want five or nine alter- that if ever there is a case in point as The ball is in the Senate’s court. native projects. We know where the to why we have to spend more time on This bill is pending here in the Senate. project is going to take place. The the ground with forest actions rather We have asked unanimous consent to question is, Should it be mechanical? than debating them here, it is the 10 go to the bill and that amendments be Should it be by burning? What are the fires that are now taking place in Cali- limited to those that are relevant to problems with the area? Is there a bet- fornia. They are catastrophic. In fact, the bill and that amendments to the ter way of doing it? they are wreaking human devastation amendments be relevant to those So this legislation replaces the cur- and degradation on a level seldom seen. amendments to which they are offered. rent Forest Service administrative ap- It is time for this body and this Con- That is the only condition under which peals with a review process that will gress to act. the Senate has asked to proceed to con- occur after the Forest Service finishes Both Senator WYDEN and I, and Sen- sideration of this bill, and objections its environmental review of a project ator COCHRAN as well, have asked the have been raised on the Democratic but before it reaches its decision. This administration for a statement of ad- side of the aisle to proceeding. new approach is similar to a process ministrative policy that they will, in It is time for those who are obstruct- adopted by the Clinton administration effect, support this legislation in con- ing the consideration of this bill to rein 2000 for a review of forest plans and ference. This is critical to our agree- consider their position, particularly in amendments to those plans. The proc- ment. I have written to the White light of the destruction in California. ess will be speedier and less House. We have called the White It is unconscionable that the Senate confrontational than the current ad- House. We have not had a response. will not take action on this matter and ministrative appeal process. So the action and the ball is really in pass the bill. Let’s go to conference There is a great deal of misconcep- the White House’s court at this time. with the House. Let’s try to prevail in tion both about the appeals process and We need to hear from them. We need to conference. Then it is the turn of the the judicial review process. I will know whether, in fact, this bill, which White House to sign or veto the bill. I quickly take a minute and tell my col- we believe can garner 60 votes in the predict the White House would sign the leagues what we have recommended Senate, will, in fact, have strong White bill and we will get a good bill in con- with respect to judicial review. First, House and administration support ference that the White House can sign.

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.065 S27PT1 S13256 CONGRESSIONAL RECORD — SENATE October 27, 2003 Mrs. FEINSTEIN. Will the Senator routes. They contract that not from The subheadline under the top is yield? dangerous activities, but from seeking ‘‘Deadly Needles.’’ This is what the Mr. COCHRAN. I am happy to yield to improve their own health by going subheadline said: to my friend if I have any time. to a hospital, a doctor’s office, a clinic, For decades, researchers have warned that Mrs. FEINSTEIN. I thank the Sen- and getting a shot or receiving a trans- contaminated syringes could transmit dead- ator for those comments. I have just fusion. One thousand a day at a min- ly viruses with cruel efficiency, but efforts been told we are clear on our side. We imum are infected by these procedures. to defuse the crisis failed, and today, it has can go to the bill. Obviously, there is a It is totally preventable. It goes be- become an insidious global epidemic, de- stroying millions of lives every year. request to have amendments and I yond just policy, and it is in my view a think we should hear the amendments moral imperative. There is no doubt we You ask why, perhaps, did we not out and vote on them. I think those of can reduce this problem in Africa. We deal with that back in 1998 when these us who participated in this are really can do it by good policy and strong matters were being raised. Apparently, dedicated to get this bill passed. We leadership and I believe we need to there was a debate and a concern that worked for 2 years with your help—— speak as a Congress on this issue. panic would ensue and maybe people Mr. COCHRAN. Mr. President, let me In March of this year I had occasion wouldn’t seek medical care, or that it reclaim the time. I asked unanimous to read a newspaper article that was in would deflect attention from WHO’s consent on this floor to do just that the Washington Times. It quoted a pub- primary view that sexual transmission and there was an objection by the act- lished article in the International was the way AIDS was transmitted. I note this statement by Mike ing leader for the Democratic side, Mr. Journal of STD and AIDS, a publica- Zaffran of the World Health Organiza- HARRY REID. If there has been a change tion of the British Royal Society of tion. You can tell they were wrestling in position, that ought to be commu- Medicine, that presented evidence that with it, although they did not take ac- nicated to the leader. That would be the reuse of needles and syringes has tion. The subject quote is: good to know. played a major role in the HIV/AIDS Mrs. FEINSTEIN. As a point of clari- epidemic in Africa. We want to avoid creating a panic. But fication, Senator, if I may, I am told maybe there is a need to create that panic to At the time, the article challenged solve this problem. there is no objection to going to the conventional wisdom and the belief in According to WHO, 10 percent of the bill. There was an objection on the lim- the international public health com- AIDS transmissions in Africa come itation of amendments. munity that heterosexual sexual con- from reused needles or contaminated Mr. COCHRAN. Mr. President, there tact was the primary route of trans- transfusions, both of which are totally was no limitation of amendments. The mission for HIV in Africa and that preventable, as I will discuss shortly. provision in the unanimous consent re- medical transmission of the disease did But I just want to say right now that quest was that any amendment offered not require the foremost attention of there is evidence to suggest that the to the bill would be relevant to the bill health care specialists. and any amendment to an amendment true figure is far larger than 10 per- Dr. David Gisselquist pointed to a be relevant to the amendment to which cent. Remember, people who contract number of pieces of evidence sup- it was offered. There was no limitation AIDS and who have no reason to be- porting his conclusion that medical ex- requested in that unanimous consent lieve they have AIDS are then in a po- posures account for a large proportion request. sition to unwittingly transmit that of HIV transmissions. He conducted an Mrs. FEINSTEIN. If I may say, disease to their spouses and to others extensive review of refereed journal ar- through the Chair, for just a moment with whom they come in contact. ticles on the epidemiology—that is the to the Senator, then I believe we can Those who ultimately pass the disease history of the transmission, the people move to the bill. Because, as I under- by those contacts may not have done who get it—in the African HIV epi- stand it, what you have just stated is so had they known they had been ex- demic. A careful analysis of the data exactly the position of this side. posed. I think it has a multiplier effect behind these studies enabled him to The PRESIDING OFFICER (Mr. on the crisis in Africa, clearly affecting identify the following trends: SUNUNU). The Senator from Alabama. and involving the infection of millions No. 1, multiple studies he reviewed f of Africans. found HIV-infected children whose I have hosted two hearings in the AIDS IN AFRICA mothers test negative for the virus. Health, Education, Labor, and Pen- Mr. SESSIONS. Mr. President, as the Many of these children are far too sions Committee on this issue. We have Senate considers the Foreign Oper- young to have contracted the HIV had witnesses from the World Health ations bill, we are considering Presi- virus through sexual practices or drug Organization, from USAID, and from dent Bush’s proposal to spend $15 bil- use, leaving their infections unex- private groups such as Physicians for lion to deal with the crisis of AIDS in plained by conventional assumptions Human Rights. They have presented Africa. It is something I believe is a about the spread of the disease. It was evidence. At the conclusion of that tes- necessary thing. I supported the Presi- found, however, that these children timony, I am even more concerned that dent on this. It is a tremendous bearing the HIV virus had, on average, the numbers the WHO has acted on or amount of money, but it is a tremen- received nearly twice as many injec- not acted on are low, that more than 10 dous problem. tions of vaccines and medicines than percent of these HIV cases are being There are many aspects of the prob- their uninfected peers, leading re- transmitted through unsafe healthcare. lem. Not everybody agrees on every searchers to conclude that there was a Certainly, that is the conclusion Dr. single part of it. I would just say I have strong correlation between the number Gisselquist reached after extensive done some work on it and I have looked of injections a child received and that study. at a number of the issues. I believe child’s chances of contracting HIV. Let me talk about a couple of things: strongly that there are some things we As we looked at the issue, we found it The good news and the bad news. can do. If we do them correctly and was not a newly discussed matter but Injection safety is a critical issue in promptly and effectively, we can drain fact had been out in the field for America. Our health care community matically impact the transmission of some time, unfortunately not receiving has long recognized the risks associ- AIDS in Africa and prevent people from the kind of attention it should, in my ated with unsafe injections. becoming infected and thereby serve a view, have received from the people At the outset of the HIV epidemic in great and noble purpose. who were required and authorized to America, one of the top priorities in I think this: We know thousands of participate in the treatment and pre- this country was to quickly ensure people are infected in Africa every vention of the disease. that patients and health care workers year. According to conservative num- Let me just show this article, a blow- were educated about these risks and bers generated by the World Health Or- up from the San Francisco Chronicle that steps were taken to provide ample ganization, 250,000 to 450,000 Africans dated Tuesday, October 27, 1998, 5 years supplies of single-use syringes—sy- each year contract AIDS, a death sen- ago this date. The title of it is ‘‘Fast ringes that could not be used again— tence ultimately, through healthcare Track To Global Disaster.’’ with safety features to ensure that

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.069 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13257 both patients and providers were pro- versally include adequate injection to get a transfusion in Africa—and tected. safety training and supplies. These lim- many of them get transfusions because In fact, one thing we dealt with in ited efforts are commendable but much malaria leads to a lot of transfusions, this Congress was the Ryan White Act more needs to be done. really more than is needed to be per- that was passed in response to the in- To understand the proportion of the formed but they are performed—and fection of young Ryan White as the re- problem that remains to be addressed, from those transfusions, thousands sult of a tainted blood products that he one must note the distinction between come home with AIDS. Instead of being received to treat his hemophilia. In injections given for vaccination and healed and cured, they are infected fact, long before the HIV virus emerged therapeutic injections, or injections with a deadly disease. as a significant epidemic in the United given for the purpose of treating infec- It is important to recognize, too, States, health care workers and policy- tions or other diseases. that in the treatment of anemia, which makers were well aware that unsafe in- It has been estimated that world- is related to problems such as malaria, jection practices could spread many wide, therapeutic injections outnumber best medical practices would dictate dangerous diseases and posed a public vaccinations by 9 to 1, totaling ap- that many of these transfusions are not health hazard. There was ample evi- proximately 12 billion injections ad- necessary. So the combination of re- dence that unsafe practices can kill. ministered each year in the developing ducing the number of transfusions is From the 1950s through 1982, the world, including the African nations of the first step, along with making sure Egyptian Government carried out an the Global AIDS Initiative. every blood unit that is utilized in Af- ambitious program to eliminate schis- Despite this fact and the dem- rica is tested for AIDS before being tosomiasis, a serious parasitic disease. onstrated risks associated with unsafe used in a blood transfusion. Infected Egyptians received multiple injections, researchers and leaders in We have an HIV rate in the United injections to kill this parasite—up to the field of HIV prevention have States of less than 1 percent, and we 16 injections over 3 months. The nee- warned that ‘‘little attention has been test our blood supply. In some coun- dles used in these campaigns were rare- paid to the systematic correction of tries in Africa, the HIV prevalence rate ly sterilized sufficiently to kill viruses widespread unsafe practices resulting is as high as 40 percent. Every blood such as hepatitis C. in disease transmission through thera- donation in the world, and particularly By the 1980s, it became clear that peutic injections’’—the very problem in Africa, should be tested before we do Egypt was in the grip of a tremendous referenced in this chart where, at the transfusions. This is one more example epidemic of hepatitis C, a disease that beginning, it says ‘‘Deadly Needles’’— of the potential ways in which we can frequently leads to liver failure, can- dated October 27, 1998—5 years ago reduce the risk of this deadly disease. cer, and death. In a country of 67 mil- today. I would also like to share some thoughts about why I think this is not lion people, it was estimated that 20 At the outset of the AIDS epidemic just a public policy issue for discussion percent of the population had been ex- in the United States, our Government and the public declared that blood sup- but why it is a moral imperative. posed to hepatitis C. Neighboring We will be spending $15 billion over 5 plies must be absolutely safe. The Fed- Sudan, in comparison, had a rate of years, on average $3 billion a year. I eral Government and the public health less than 5 percent. know there is debate whether we This is still thought to represent community moved rapidly to ensure should have the full $3 billion this first ‘‘the world’s largest iatrogenic trans- that every single unit of blood donated year. I have my doubts the money can mission event.’’ The World Health Or- in this country is tested for the HIV be assimilated, but we are going to be ganization’s data suggests that unclean virus before it is given to any person. spending that over 5 years. needles contributed to an appalling 18.9 It is estimated—get this number— Let me talk to you about the cost of percent prevalence rate of the deadly that 25 percent of the blood donated in completely fixing the medical trans- hepatitis C virus in the Egyptian popu- Africa is never tested for HIV—75 permission problem. One of the most star- lation. Altogether, over 12 million peo- cent is but 25 percent is not—and that tling facts and best news about health ple were exposed to this virus and 7.2 up to 80 percent of the blood is not care transmissions of HIV in Africa is million infected. Those are stunning tested for hepatitis. It is estimated by the fact that injection safety and blood numbers, and they are the result of the respected group, Safe Blood For Af- safety have been specifically singled using dirty needles. rica—their name indicates their con- out by researchers as the most cost-ef- One of the University of Maryland re- cern about this problem—that as a con- fective means of preventing the spread searchers who chronicled this disaster sequence of this breakdown, approxi- of HIV. stated emphatically that the practice mately 15 percent of the sub-Saharan A study by the World Health Organi- of reusing inadequately sterilized or African blood supply is infected with zation, in 1999—a year after the San unsterilized syringes ‘‘before the dan- HIV and 20 percent with hepatitis. Fif- Francisco Chronicle article—suggested ger of exposure to blood was so well teen percent of the blood supply in sub- that addressing the problem of unsafe known, and before the availability of Saharan Africa is infected with HIV, a injections might well result in actual disposable needles and syringes pro- deadly disease. People go there and savings for the governments and orga- vided a very potent means for the they get transfusions on a regular nizations financing the fight against transmission of blood-borne infec- basis. The World Health Organization AIDS. It can actually save them tions.’’ estimates that up to 10 percent of new money. These savings would be gen- That is something we don’t doubt in HIV cases in Africa are due to contami- erated both by a reduction in the num- America today. Unfortunately, how- nated blood transfusions. ber of unnecessary injections and ever, the same conditions that per- Once again, it is clear that trans- transfusions, which, amazingly, may mitted this tragedy to occur continue fusions of contaminated blood rep- account for a majority of the thera- to exist in Africa and other areas of the resent yet another hidden source of peutic injections actually given—and a world, and these unsafe practices transmission of this disease, fueling majority of the therapeutic injections spread not only hepatitis but also the the epidemic. in Africa are probably not necessary HIV virus, leading to AIDS and leading Seventy percent of the recipients of and could be handled without any shots to death. these high-risk transfusions are women or with a pill—and by avoiding the tre- Health care workers around the and children, making blood safety a mendous financial drain that occurs as world continue to devote time and re- critical component of our larger effort a result of these infections, including sources to treating medically trans- to fight HIV/AIDS and to protect the hepatitis. mitted infections, many of which re- mothers and children. I will repeat In testimony before the Health, Edu- main incurable even by the best med- that: 70 percent of the recipients of cation, Labor, and Pensions Committee ical science. these high-risk transfusions—15 per- at a hearing which I chaired in July, Since the recognition that unsafe in- cent of which is contaminated with one of the leading World Health Orga- jections pose an unacceptable risk in HIV—are women and children. nization researchers confirmed both his vaccination campaigns, international So what does that mean? That means own conclusion that ending unsafe in- vaccination programs now almost uni- that 15 out of every 100 women who go jection practices would be eminently

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.080 S27PT1 S13258 CONGRESSIONAL RECORD — SENATE October 27, 2003 cost effective and his projection that community, the Federal and State reg- money—it would be less than 5 percent, blood safety efforts would prove to be ulators, and the American public im- probably closer to 2 percent—be dedi- similarly cost effective. mediately demand guaranteed safety, cated to dealing with the medical In fact, on a day when we are dis- and very quickly we see that they get transmission problem. We need to do cussing $15 billion for Global AIDS, the this. The safety of blood and blood that. Sure, they can spend more than benefits of an additional $1 billion here products is now something Americans that if they want to, but this is the or $289 million there—I think you take for granted. minimum amount that virtually guar- would all be stunned at the numbers Every unit of blood in this country is antees tremendous success against involved in solving this problem. These screened for HIV, hepatitis B, and hep- medical transmissions. estimates I am going to give you were atitis C. When it became clear that the Let’s do that as part of our legisla- provided by the World Health Organiza- reuse of contaminated needles put pa- tion. We can go home and know that tion. tients at risk, we acted. It is clear that we made a difference. Clean, new needles and syringes for many developing nations, including Some say: Well, JEFF, we are picking every injection, given by medical per- those in Africa within the President’s up on this issue. We really don’t need sonnel educated in the proper use of in- Global AIDS initiative, have not yet any direction on how to spend our jections in Africa would cost $24 mil- been able to achieve similar results. money. Just give it to us, and we will lion for all 12 nations included in the This is where a disturbing double spend it like we want. I generally am Global AIDS initiative. Just $24 mil- standard arises. The World Health Or- sympathetic to agencies not being lion would provide safe and clean nee- ganization, the U.S. Government’s Cen- micromanaged. But with the resistance dles for every necessary injection in ters for Disease Control, and other or- we continue to see from the World Africa. ganizations with employees in the de- Health Organization and American or- Clean, safe blood transfusions, ad- veloping nations openly caution their ganizations that deal with this issue, ministered by medical personnel travelers to these areas, including we need to ensure that this much trained in the proper indications for their own workers, that blood is likely money gets spent. transfusions—$46 million for all 12 na- unscreened and needles likely reused. There was a conference in September tions. So for $46 million, we can com- This is described as posing a risk of in- in Africa. Thousands of people attended pletely eliminate the problem of trans- fection of hepatitis B, C, and HIV. who deal with the AIDS epidemic. The fusions, which WHO admits could be 10 Numerous workers, including our WHO entity issued a press release after percent of the problem of all the prob- own embassy employees and AIDS that meeting—again just a matter of lem of AIDS in Africa. workers in Africa, can tell of being in- weeks ago—WHO issued a news release There are so many tragic aspects to structed to ask for plasma expanders dismissing the significance of medical this problem. rather than dangerous blood trans- transmission. This caused a group of Hard-working frontline doctors and fusions or being cautioned to purchase scientists who were at the meeting to nurses inadvertently contribute to the and provide their own new, clean sy- issue a statement of their own con- spread of the very diseases they are ringes when they go to the doctor. tracting it. They said in effect, WHO struggling to prevent. When formulating public statements continues to reject evidence that stop- At the HELP Committee hearing, it and policy for these very same African ping HIV transmission through was very encouraging to hear the testi- nations, however, many of these orga- unsterile health care could slow the mony of Dr. John Ssemakula, a physi- nizations continue to maintain that spread of disease. cian from Uganda, who was able to de- contaminated blood and reused needles So we have a continuing problem, scribe the great strides his country has are not significant problems and do not continuing to stick with numbers that made in cleaning up injection prac- pose substantial health risks to Afri- do not appear to be justified and poli- tices. can patients. cies that need to be changed. It is time Dr. Ssemakula was also able to con- We have made some progress. We for us to take a step to save lives. The vey the plea of the dedicated men and have had a number of hearings on this very thought that we could knock women on the frontlines of health care subject. I have become more convinced down maybe in 18 months’ time, in- in Uganda, that they be provided with than I was when we started that this is stead of 1,000 people being infected a the equipment they need to provide an unacceptable practice. It is an unac- day by the health care transmission of safe injections. ceptable situation in Africa and one HIV in Africa, why it could be down to These are intelligent, educated, well- that can be fixed for less than $100 mil- 200; and then in 2 or 3 years down to intentioned people, and they simply lion a year. We can provide tested, safe virtually zero? That is possible. Which want enough syringes to provide pa- blood for every transfusion in Africa, would we rather do? Prevent the con- tients with safe health care. and we can provide clean, unused nee- traction of a deadly disease or try to The health care system in developing dles for every injection at a cost of less deal with the consequences of the dis- nations frequently does not provide ei- than $100 million a year. That is tre- ease once a person is infected? ther necessary education in proper in- mendous news. We are on the road to This is the right step. I thank Sen- jection procedures or, for those pro- making some progress. ator MCCONNELL for his interest and viders who are striving to follow model I have talked to top officials in the the President for his leadership. practices, the relatively inexpensive World Health Organization and the I yield the floor and suggest the ab- supplies necessary to succeed. U.S. Government. We believe that with sence of a quorum. We are dealing with, frankly, with Director Tobias’ new position in the The PRESIDING OFFICER. The our health care providers worldwide, a State Department as sort of an Amer- clerk will call the roll. double standard that is indefensible. ican global AIDS czar that he is attun- The legislative clerk proceeded to You are tempted to say, it is an im- ing himself to this issue, that the CDC, call the roll. moral double standard. Let me tell you at my request, is conducting research Mr. MCCONNELL. Mr. President, I about this troubling aspect of the prob- to develop a plan to attack this prob- ask unanimous consent that the order lem. In developed nations, the general lem. Health and Human Services is for the quorum call be rescinded. public has been made aware of the risk conducting a study which we expect to The PRESIDING OFFICER. Without associated with unsafe medical care. receive back in a matter of weeks that objection, it is so ordered. We know in America you want safe will review independently all the other f health care. We insist on it. We spend existing studies of AIDS transmission what it takes to do it. We have needles in Africa to attempt to determine just HABITAT FOR HUMANITY that are safe to protect nurses and doc- how big a problem this really is. And Mr. DASCHLE. Mr. President, 13 tors from accidental pricks, much less now we are at a point where we are years ago, Habitat for Humanity Inter- the patient who goes to get a shot. putting this new money into the pro- national, HFHI, decided to expand its When the use of contaminated blood gram. services to include projects in my and blood products results in the I urge my colleagues to act now to State. Today, I would like to congratu- spread of HIV here, we act. The health ensure that a certain amount of this late HFHI’s 14 South Dakota affiliates

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.082 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13259 on the occasion of the 200th Habitat who helped build 200 new houses in death, and I was amazed at the sponta- home constructed in South Dakota South Dakota, as well as those who are neous memorial that sprang up all since 1990. I believe I speak for all involved in bringing this important around his campaign headquarters. I South Dakotans when I say that their model to communities across the saw thousands of flowers and candles. I services have been invaluable to many globe. Their efforts are truly inspira- read handwritten notes thanking Paul families in our State. tional. for work he had done to help people, The lack of affordable housing for the f and looked at pictures of him with peo- lowest income households is a serious ple whose lives he had affected. REMEMBERING PAUL WELLSTONE problem across the country. According And one thing I will never forget was to the 2003 State of the Nation’s Hous- Mr. REID. Mr. President, I rise today a crayon drawing of a train chugging ing report issued by the Joint Center with a heavy heart. It was one year ago up into the sky, with a child’s simple for Housing Studies of Harvard Univer- on October 25 that I lost my friend, and scrawl that read, ‘‘Paul Wellstone, the sity, three in 10 U.S. households have this body lost a great Senator. We all Little Engine that Could.’’ housing affordability problems. More have our own memories of Paul Paul Wellstone clearly had a special than 14 million households spend more Wellstone. relationship with the people of Min- than half of their income for housing, We remember the passion of his be- nesota. His relationship with his be- and 75 percent of them are in the bot- liefs. He was an uncompromising ideal- loved wife, Sheila, was also extraor- tom 20 percent of the population by in- ist who stuck to his principles and dinary. And their lovely daughter come. never wavered. When he fought for an Marcia, who also perished in the tragic Having to pay a disproportionate issue like mental health parity, you accident, was so much like both of share of income for housing frequently knew he would never give up. them. She was an amalgam of all their We remember Paul Wellstone for his leads to other problems and tensions best qualities. bravery, because even when his cause for many families. Too often, the avail- Today, as we remember how much was unpopular, he followed his heart. able housing is substandard, and over- Paul Wellstone meant to so many peo- He used to say, ‘‘We should never sepa- crowded. Many of these families live on ple, our hearts go out to his family— rate the lives we live from the words the edge, financially, and live in fear of his sons Mark and David, his grand- eviction or foreclosure. Families may we speak,’’ and he followed that path. We remember what an inspiring children, and other family members. have to sacrifice spending for other ba- Also to the families of Paul’s staff sics, including food and utilities. Chil- speaker Paul could be. The first time I heard him was in the Capitol Rotunda members who were lost with him: Mary dren in these families also tend to pay McEvoy, Will McLaughlin, and Tom a price. They suffer when their parents at a ceremony for new Senators, and I was immediately impressed. Later, he Lapic. have to work two or more jobs, or odd I said my heart was heavy today, and hours, sacrificing family time. Unsta- came to Las Vegas and spoke to a convention of the Veterans of Foreign that is true. Paul Wellstone was my ble housing arrangements and frequent friend and I miss him. But I also feel moves can also interfere with a child’s Wars. I have never seen a group so fired up. grateful today that I had the oppor- ability to succeed in school. tunity to know this remarkable man, Habitat for Humanity recognizes We remember his physical strength and I am grateful for my memories of that when communities come together, and stamina, even in the last year of him, which will never die. they can help solve this problem, one his life when he was in so much pain. family at a time. Their accomplish- He worked out at the Capitol Police f ments would not be possible without gym, and he still holds the record there SENATOR PAUL WELLSTONE MEN- the thousands of volunteers who help for doing the most chin-ups. TAL HEALTH EQUITABLE TREAT- support a struggling family, and pro- We remember Paul for his unassum- MENT ACT OF 2003 vide them with the opportunity to turn ing nature. He waged his first campaign in an old green school bus. There Mr. THOMAS. Mr. President, in a Habitat house into their very own memory of the anniversary over the home. Volunteers from across South is no telling how many mechanics across the State of Minnesota worked weekend of the death of our friend Paul Dakota have donated thousands of Wellstone, I rise to reiterate my sup- hours of hard labor to give 200 families on that vehicle to keep it running. We remember Paul Wellstone for all port for the mental health parity legis- a shot at the American dream. lation on which he worked tirelessly. I I would like to take a moment to these reasons. Most of all, we will al- am a proud original cosponsor of S. 486. thank Pat Helgeland, the Executive Di- ways remember how easily he made The Senator Paul Wellstone Mental rector of Habitat for Humanity in friends and how deeply he touched peo- South Dakota, and everyone associated ple. Health Equitable Treatment Act of with South Dakota’s affiliates for their In this Chamber he had good friends 2003, which was reintroduced this year solid commitment and hard work. They on both sides of the aisle. But Paul by Senators DOMENICI and KENNEDY in are truly making an important dif- Wellstone also befriended working peo- honor of Senator Paul Wellstone. This ference in the lives of their partner ple, like the janitors who cleaned his important legislation will provide peo- families. Senate office. One night, Paul waited ple with a mental illness more access Every time I visit with Habitat vol- until midnight so he could meet them to treatment. unteers, I am impressed by their en- in person and tell them thanks. And in Specifically, S. 846 prohibits a group ergy and spirit as they raise funds, se- Minnesota, the affection for Paul health plan that offers mental health lect a site, select a partner family, and Wellstone cut across all segments of benefits from placing discriminatory build the house. I was pleased to spon- the population. caps, access limitations, financial re- sor a house in Brookings, SD, that will A few days before he lost his life, quirements or other restrictions on now become a home for a mother and Paul was riding around the State with treatment that are different from other her three children. Peg McGlinch, a member of my staff medical and surgical benefits. In other I am also encouraged to know that who is a Minnesota native, and her fa- words, S. 486 treats physical and men- Habitat for Humanity is engaged in a ther. They were running behind sched- tal health equally. This bill is modeled similar effort at the international ule, as is often the case on those hectic after the mental health benefits pro- level. From Thailand to Zimbabwe to campaign trips, but when they spotted vided through the Federal Employees Peru, its services provide exciting op- some union workers on a picket line, Health Benefits Plan, but provides a portunities for home ownership. We there was no question that they would special exemption for small employers should be proud, for example, that stop and offer support. As Paul hopped from such requirements. HFHI played a key role in providing out of the nondescript car, people I have long advocated on behalf of tools and materials needed to rebuild seemed shocked to see him, until one our Nation’s rural health care delivery or repair family homes damaged by woman ran over, gave him a big hug, system and mental health parity is a years of conflict in Afghanistan. and declared, ‘‘You’re my hero.’’ key step to increasing access to mental So today I wish to extend my con- Paul Wellstone was a hero to a lot of health services in rural areas. The gratulations and thanks to all those people. I went to Minnesota after his Domenici-Kennedy bill is crucial to

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.053 S27PT1 S13260 CONGRESSIONAL RECORD — SENATE October 27, 2003 rural America because suicide rates barked on a comprehensive program to EPA’s Assistant Administrator for among rural residents are twice the dismantle or slow walk the Clean Air Air, Jeff Holmstead, admitted the rule rate of urban areas, and 75 percent of Act, starting with the New Source Re- will ‘‘in some cases’’ allow increases in the 518 nationally designated Mental view program and extending to the pollution. That is why it is illegal. Health Professional Shortage Areas are ozone and fine particulate matter Mr. Holmstead defends this indefen- located in rural areas. standards. sible rule by suggesting that its harm The Senator Paul Wellstone Mental Their Clear Skies proposal is weaker will be limited because sources will not Health Equitable Treatment Act of 2003 and slower than the existing Clean Air be allowed to exceed their permitted must be passed by Congress as soon as Act, if it were fully and faithfully im- levels while making these modifica- possible, and I urge all my colleagues plemented on schedule. The Bush pro- tions. Sadly, that is wrong and its dis- to work toward its enactment. posal delays the achievement of air ingenuous. Harm will not be limited, it f quality standards beyond the act or my will be spread downwind of 17,000 AIR POLLUTION bill, the Clean Power Act. In the name plants. of ‘‘flexibility,’’ their proposal does Permitted levels for many sources Mr. JEFFORDS. Mr. President, today away with vital programs designed to are substantially above their recent av- the Bush Administration took direct protect local and regional air quality, erage emissions levels. So sources can aim against the health of all Ameri- some of which have been particularly now increase their pollution above lev- cans, but particularly those who are important to the Northeast. els that would have been allowed prior the most vulnerable to air pollution— Based on the scientific evidence be- to this rule. That means millions of ad- the elderly, the children, and the poor. fore us, we know that the 1990 amend- ditional tons of pollutants. As a result of this frenzy to gut the ments did not go far enough in specifi- The new rule lets emissions increase Clean Air Act, millions more of our cally controlling pollutants that cause at facilities without review. That con- citizens will now be staring down the acid rain, global warming and toxic tradicts the Clean Air Act’s statutory barrel of a smokestack. contamination. However, they did pro- language and Congress’ intent. Govern- The administration’s new rule on vide the Administrator with ample au- ment officials who issue such illegal New Source Review adds to all the thority to take action to address these rules betray the public’s trust and woes and worries that people must face matters. Instead, this administration commit malfeasance in my book. everyday. These new threats include has chosen the path of delay, non-en- Mr. Holmstead told Fox News that, more illness, lung disease, and heart forcement, or deregulation. ‘‘We can say categorically that pollu- attacks. Government regulation must protect This Bush administration’s EPA is tion will not increase as a result of this not his father’s EPA. At almost every the public’s health. But, the adminis- rule.’’ The next day on the PBS turn, this President Bush is seeking to tration changed the New Source Re- ‘‘Newshour,’’ he agreed that the rule undo the positive environmental leg- view rules while Americans enjoyed the would allow emissions increases in acy of his father, with a particular last of their summer vacations to allow some cases. Which is true? focus on tearing apart the Clean Air greater levels of pollution than cur- Mr. Holmstead also had similar trou- Act Amendments of 1990. rently emitted. Some analyses suggest ble giving clear and direct answers to From the beginning, the first Presi- that as many as 20,000 more premature questions during our July 16, 2002, joint dent Bush was the motivating force be- deaths may occur annually as a re- hearing between the Judiciary Com- hind passage of that complex, politi- sult—20,000 deaths. The administration mittee and the Environment and Pub- cally balanced and protective act. In released this terrible news when they lic Works Committee. fact, it was his acid rain proposal that thought no one would pay attention. He said he was advised by Agency broke the legislative logjam just before I have seen charts showing deaths per and DOJ enforcment personnel that the passage. His participation during Sen- hundred thousand people who die pre- proposed NSR changes wouldn’t affect ate consideration helped ensure pas- maturely from ‘‘grandfathered’’ power- the ongoing enforcement actions. The sage from this body, and the technical plant pollution. These are the power- General Accounting Office report and assistance of his Federal agencies was plants that haven’t put on modern con- the statements of former Agency en- critical throughout the process. trols. These are the same powerplants forcement personnel say otherwise. I was proud to work with the first that will Never be required to clean up Which is true? We have asked the EPA President Bush and his team. But I am to modern standards under the Bush Inspector General to investigate. not proud of what the current Presi- administration’s new NSR rule. Never. NSR was not designed to encourage dent Bush has done on the environ- And it is not just powerplants. emissions increases. Instead, Congress ment. He and his team came to Wash- Adding insult to that injury, the ad- created it to help continually reduce ington claiming a desire and ability to ministration’s new rule is plainly ille- air emissions as sources upgraded their work across the aisle. But that hasn’t gal. So I will be joining with other col- facilities. As they make those improve- turned out to be the case. leagues in Congress, the States, public ments, they are supposed to put on This President Bush and his team health and environmental organiza- modern pollution controls, not be ex- have intervened in environmental pol- tions, and other members of the public empt from that duty. icy throughout the administration on in litigation to stop this newest assault I am afraid that this rule is part of behalf of polluters, not for the health on our air quality. The States and at- an administration agenda to lock in air and welfare of the American public and torneys general are filing today. pollution increases for a long time to a sustainable environment. This is a The Clean Air Act says, and I quote: come. huge contrast with the first President ‘‘. . . any physical change in, or change The timing of the rule takes advan- Bush who cared about these matters in the method of operation of, a sta- tage of the gap in the permit process and cooperatively worked with Con- tionary source which increases the for these plants in the period between gress to address environmental prob- amount of any air pollutant emitted by the new and old ozone standards. lems. such source’’ triggers New Source Re- The permitted levels that Mr. We did not solve all the problems review, NSR. That means if a change or Holmstead mentioned are part of the lated to air pollution in the 1990 modification increases emissions of air States’ plans to achieve attainment amendments. But, through bipartisan pollutants, then the law requires with air quality standards, including cooperation, we built a strong legal sources to put on modern pollution the 1-hour ozone standard. That stand- construct and a renewed commitment control technology. It is that simple. ard will soon be replaced by a more to gradual and continual reductions in This doesn’t mean letting polluters stringent one known as the 8-hour harmful emissions. It has survived reach back 10 years to pick the highest standard. That standard is more pro- legal challenges and until 2001 was possible emissions baseline from which tective of public health. working quite effectively from a health EPA would then judge the increase. As Mr. Holmstead knows, polluters and an economic perspective. Common sense and case law says that ‘‘permitted levels’’ are closely tied to That is when the new Bush adminis- the regulators must use recent actual States’ plans to achieve the old 1-hour tration came to town. They have em- emissions levels. standard. They are not yet tied to the

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.042 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13261 new, more stringent 8-hour standard or EPA’s resources would have been bet- cessfully planted in areas that have not the new fine particulate standard. The ter spent in saving lives by taking produced for years. Iraqis are volun- States will revise those plans for the some kind of regulatory action, any teering for the new Iraqi Army. The new standards, including adjusting kind of action, over the last 21⁄2 years Iraqi Nurses Association has initiated ‘‘permitted’’ levels, but that will be to halt powerplant pollution. a 2-day conference to lay the ground done in 2007–2008. There is real and legitimate author- work for adequate nursing services in In the meantime, the powerplants ity under the Clean Air Act to do that Iraq over the next ten years and close and industrial sources exempted by now. There is even real and legitimate to 30,000 Iraqis have undergone training this rule can make huge modifications authority to make the New Source Re- to be members of Iraq’s new police that increase emissions. These pollu- view program work better and more ef- force. tion increases will be locked in for ficiently. But the administration has More importantly, representative de- many, many years and make it harder failed to use that authority correctly mocracy in Iraq has taken shape. The to achieve the new air quality stand- and squandered their opportunities. Iraqi Governing Council has been ards. Using his father’s model, this Presi- formed and brings together 25 political I am not opposed to making the New dent Bush could have worked with me leaders from across Iraq. The council Source Review program work better and my staff and Democrats in Con- will name Iraqi ministers, represent through constructive changes. But it is gress to develop a strong tripartisan, the new country internationally, and important to know the costs and bene- multi-pollutant bill to control emis- draft a constitution that will pave the fits related to a program before doing sions of sulfur dioxides, nitrogen ox- way for national elections leading to a radical surgery. An EPA memo esti- ides, mercury, and carbon dioxide. But fully sovereign Iraqi government. mated that just a small portion of the they have refused requests for tech- Recently, we have confirmed that NSR program may have health benefits nical assistance, evaded legitimate Saddam Hussein’s sons, Uday and worth more than $1.8 billion annually. oversight, politicized every possible Qusay have been killed in a firefight in We can ill afford to throw away all the matter, and avoided any real policy Mosul. This development has led to an lives represented by that number. discussions. increase in tips from the Iraqi people, Beginning in May 2001, I have repeat- They have spent their time ignoring one of which led us to the capture of edly sought, and most often been de- the people’s representatives in Con- 660 surface to air missiles, as well as an nied, full information on the public gress, pandering to polluters and wish- increasing confidence among the Iraqi health and environmental impacts of ing away the abundant evidence that people. With two thirds of the Hussein re- the administration’s agenda on New increasing air pollution causes in- gime gone, one has reason to hope that Source Review. creases in death, disease and illness. the final piece of the puzzle will soon I agreed not to subpoena this infor- Pollution is an indiscriminate weap- mation, while chairman of the Envi- follow. on. It should be emitted only as a last And this good news that we are wit- ronment and Public Works Committee, resort. Instead, this Bush administra- nessing in Iraq is a direct result of the in exchange for promises that most of tion brandishes it, boasting about flexi- hard work and dedication of our troops. it would be forthcoming. Those prom- bility and ‘‘sound science’’ while more Were it not for their courage and perse- ises have been broken and I am still people die prematurely and the Earth verance, our presence in Iraq would be waiting. warms. If we were dealing with the in vain. And Congress is still waiting for EPA first administration, I would breathe Our military men and women will to comply with the Supplemental Ap- easier about the future. surely face more difficult days in Iraq, propriations bill for fiscal year 2004 f and the Iraqi people will be tested by passed in February. That Act directed HONORING OUR ARMED FORCES the responsibilities that come with EPA to fund a study by the National freedom. The thugs who propped up the Academy of Sciences to look at the ef- previous regime and outside forces fects on public health of the other NSR OKLAHOMA LOSS IN IRAQ with goals of their own continue to changes made on New Year’s Eve last cause problems, stir up trouble and ini- Mr. NICKLES. Mr. President, in the year. After 6 months of delay, EPA au- tiate violence. Freedom is messy—no- time since major combat in Iraq has thorized the Academy to start. where more so than in a country that ended and peacekeeping and transi- A recent General Accounting Office has just shaken off a brutal dictator- tional operations have begun, the report, which I requested, dem- ship. onstrates that the administration does United States, our allies and the Iraqi But today I rise to honor a man who not collect and has not collected valid, people have accomplished much. made the ultimate sacrifice one can credible information on the New The men and women of our armed make for his country. Source Review program. forces in particular deserve much On August 27, Specialist Rafael L. The Agency has no factual basis to praise for their diligence and bravery. Navea, of Pittsburgh, PA was killed in determine that their regulation They have been given the goal of estab- Fallujah when an improvised explosive changes will be beneficial, as they have lishing democracy in Iraq, and their device struck his vehicle. claimed. Indeed, GAO said that EPA success in this endeavor is directly Specialist Navea was stationed at and an electric utility industry group linked to the freedom and security we Fort Sill and therefore an adopted think that post-rule modifications may enjoy in the homeland. A free and Oklahoman. He was assigned to C Bat- increase efficiency at some facilities, democratic Iraq will stand as a beacon tery, 2nd Battalion, 5th Field Artillery but will also encourage greater emis- of hope amidst one of the world’s most Regiment, a Paladin unit in 212th Field sions at those same facilities due to ex- troubled regions. Artillery Brigade. The unit deployed to panded production. Fortunately we are now seeing many Southwest Asia in support of Operation The hypocrisy of the Bush adminis- of the fruits of their labor. Iraqi Freedom on April 12. tration is stunning. They want to ex- Nearly 760,000 metric tons of food Specialist Navea served his country empt thousands of major sources of items have been dispatched into Iraq in well. Fort Sill and Oklahoma mourn pollution from using modern control just one months’ time. Health care cen- his tragic death and now our prayers technology. This is based on flimsy and ters are receiving shipments of health are with his family and friends. He is unsubstantiated anecdotes. care kits, refrigerators and furniture. survived by his wife and children who At the same time, they pretend to Shipments of office supplies including reside in Lawton and his mother in support ‘‘sound science’’ and hide be- furniture, computers and printers have Florida. hind the Data Quality Act when choos- been received in Iraq and will be used As we watch the dawn of a new day in ing not to regulate in the face of abun- to equip seven essential government Iraq, let us never forget that the free- dant proof of potential environmental ministries. dom we enjoy every day in America is harm. The Iraqi people are stepping up to bought at a price. This new NSR rule has been a time- provide leadership for their newly lib- Specialist Navea did not die in vain. consuming waste of taxpayer’s dollars. erated country. Crops are being suc- He died so that many others would live

VerDate jul 14 2003 01:51 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G27OC6.057 S27PT1 S13262 CONGRESSIONAL RECORD — SENATE October 27, 2003 freely. And for that sacrifice, we are ing bums, and all of the other neces- H.R. 2533. A bill to designate the facility of forever indebted. Our thoughts and sities of daily ranch life. They learn the United States Postal Service located at prayers are with him and his family the truth about issues impacting agri- 10701 Abercorn Street in Savannah, Georgia, as the ‘‘J.C. Lewis, Jr. Post Office Building’’. today and with the troops who are put- culture such as Federal lands and pred- H.R. 2746. A bill to designate the facility of ting their lives on the line in Iraq. ators. the United States Postal Service located at f I ask that you all join me in recogni- 141 Weston Street in Hartford, Connecticut, tion of Pachy Burns, a woman who is as the ‘‘Barbara B. Kennelly Post Office LOCAL LAW ENFORCEMENT ACT trying to open not only the eyes but Building’’. OF 2003 also the hearts of people, who should H.R. 3011. A bill to designate the facility of the United States Postal Service located at Mr. SMITH. Mr. President, I rise have a better understanding of where 135 East Olive Avenue in Burbank, Cali- today to speak about the need for hate their food comes from. Pachy is accom- fornia, as the ‘‘Bob Hope Post Office Build- crimes legislation. On May 1, 2003, Sen- plishing this through leadership and ing’’. ator KENNEDY and I introduced the friendship the true mark of a West- S. 1405. A bill to designate the facility of Local Law Enforcement Enhancement erner.∑ the United States Postal Service located at Act, a bill that would add new cat- 514 17th Street, Moline, Illinois, as the f ‘‘David Bybee Post Office Building’’. egories to current hate crimes law, S. 1415. A bill to designate the facility of sending a signal that violence of any MEASURES PLACED ON THE CALENDAR the United States Postal Service located at kind is unacceptable in our society. 141 Weston Street in Hartford, Connecticut, I would like to describe such a crime The following joint resolution was as the ‘‘Barbara B. Kennelly Post Office committed on July 30, 2001. In Santa read the second time, and placed on the Building’’. Ana, CA, a 22-year-old man stabbed his calendar: S. 1590. A bill to redesignate the facility of the United States Postal Service, located at S.J. Res. 21. Joint resolution expressing 17-year-old Asian neighbor, Kenneth 315 Empire Boulevard in Crown Heights, the sense of Congress that the number of Chiu, as the victim was returning from Brooklyn, New York, as the ‘‘James E. Davis a date. Before dying, Mr. Chiu identi- years during which the death tax under sub- Post Office Building’’. fied his attacker who later confessed title B of the Internal Revenue Code of 1986 S. 1659. A bill to designate the facility of is repealed should be extended, pending the the United States Postal Service located at that he targeted Mr. Chiu because of permanent repeal of the death tax. his identity. He told investigators that 57 Old Tappan Road in Tappan, New York, as f the ‘‘John G Dow Post Office Building. he hated Asians and other ethnic mi- S. 1671. A bill to designate the facility of norities. REPORTS OF COMMITTEES the United States Postal Service located at I believe that Government’s first The following reports of committees 10701 Abercorn Street in Savannah, Georgia, duty is to defend its citizens, to defend were submitted: as the ‘‘J.C. Lewis Post Office Building’’. them against the harms that come out By Mr. SHELBY, from the Committee on S. 1692. A bill to designate the facility of of hate. The Local Law Enforcement Banking, Housing, and Urban Affairs, with the United States Postal Service located at an amendment in the nature of a substitute: 38 Spring Street in Nashua, New Hampshire, Enhancement Act is a symbol that can as the ‘‘Hugh Gregg Post Office Building’’. become substance. I believe that by S. 627. A bill to prevent the use of certain payments instruments, credit cards, and S. 1718. A bill to designate the facility of passing this legislation and changing fund transfers for unlawful Internet gam- the United States Postal Service located at current law, we can change hearts and bling, and for other purposes (Rept. No. 108– 3710 West 73rd Terrace in Prairie Village, minds as well. 173). Kansas, as the ‘‘Senator James B. Pearson By Ms. COLLINS, from the Committee on Post Office’’. f S. 1746. A bill to designate the facility of Governmental Affairs, without amendment: MOVING TO SUSPEND RULE XVI H.R. 1610. A bill to redesignate the facility the United States Postal Service located at 339 Hicksville Road in Bethpage, New York, Mr. LUGAR. Mr. President, I hereby of the United States Postal Service located at 120 East Ritchie Avenue in Marceline, as the ‘‘Brian C. Hickey Post Office Build- provide notice that I intend to move to ing’’. Missouri, as the ‘‘Walt Disney Post Office suspend rule XVI of the Standing Rules Building’’. f of the Senate during the Senate’s con- H.R. 1882. A bill to designate the facility of ADDITIONAL COSPONSORS sideration of H.R. 2800 in order to offer the United States Postal Service located at the amendment No. 1974 to that bill. 440 South Orange Blossom Trail in Orlando, S. 349 (The amendment is printed in today’s Florida, as the ‘‘Arthur ‘Pappy’ Kennedy At the request of Mr. LEAHY, his RECORD under ‘‘Morning Business.’’) Post Office’’. name was added as a cosponsor of S. H.R. 1883. A bill to designate the facility of 349, a bill to amend title II of the So- f the United States Postal Service located at cial Security Act to repeal the Govern- ADDITIONAL STATEMENTS 1601–1 Main Street in Jacksonville, Florida, ment pension offset and windfall elimi- as the ‘‘Eddie Mae Steward Post Office’’. H.R. 2075. A bill to designate the facility of nation provisions. S. 698 TRIBUTE TO PACHY BURNS the United States Postal Service located at 1905 West Blue Heron Boulevard in West At the request of Mr. BUNNING, the ∑ Mr. BURNS. Mr. President, today I Palm Beach, Florida, as the ‘‘Judge Edward name of the Senator from Georgia (Mr. bring to your attention a truly re- Rodgers Post Office Building’’. MILLER) was added as a cosponsor of S. markable program. In America, at this H.R. 2254. A bill to designate the facility of 698, a bill to clarify the status of the point in our history, most people are so the United States Postal Service located at Young Men’s Christian Association Re- 1101 Colorado Street in Boulder City, Ne- far removed from their agrarian roots, vada, as the ‘‘Bruce Woodbury Post Office tirement Fund for purposes of the In- they have lost all understanding of Building’’. ternal Revenue Code of 1986. true ties to the land. This is one of the H.R. 2309. To designate the facility of the S. 1034 many problems that agricultural pro- United States Postal Service located at 2300 At the request of Mrs. FEINSTEIN, the ducers face in their battle for survival. Redondo Avenue in Long Beach, California, name of the Senator from Massachu- There is a sheep producer in Montana as the ‘‘Stephen Horn Post Office Building’’. setts (Mr. KERRY) was added as a co- who is working to correct this problem. H.R. 2328. A bill to designate the facility of sponsor of S. 1034, a bill to repeal the Pachy Burns is a true Western woman. the United States Postal Service located at 2001 East Willard Street in Philadelphia, sunset date on the assault weapons There is nothing that she is not willing Pennsylvania, as the ‘‘Robert A. Borski Post ban, to ban the importation of large ca- to face and, if need be, challenge. Office Building’’. pacity ammunition feeding devices, Pachy has created a program called H.R. 2396. A bill to designate the facility of and for other purposes. Jam to Lamb. It is an all-women’s the United States Postal Service located at S. 1246 lambing party that involves women 1210 Highland Avenue in Duarte, California, At the request of Mr. ROBERTS, the from all over the United States. as the ‘‘Francisco A. Martinez Flores Post name of the Senator from Kansas (Mr. Women from every walk of life experi- Office’’. H.R. 2452. A bill to designate the facility of BROWNBACK) was added as a cosponsor ence the true meaning of ranching by the United States Postal Service located at of S. 1246, a bill to amend the Internal learning through doing. 339 Hicksville Road in Bethpage, New York, Revenue Code of 1986 to provide for col- Women who visit Pachy learn about as the ‘‘Brian C. Hickey Post Office Build- legiate housing and infrastructure delivering lambs, branding lambs, nursing’’. grants.

VerDate jul 14 2003 01:51 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.044 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13263 S. 1305 sponsors of S. 1595, a bill to amend the S. 1736 At the request of Mr. BINGAMAN, the Internal Revenue Code of 1986 to allow At the request of Mr. ENZI, the names name of the Senator from Texas (Mrs. small business employers a credit of the Senator from North Dakota (Mr. HUTCHISON) was added as a cosponsor of against income tax with respect to em- CONRAD) and the Senator from Dela- S. 1305, a bill to amend the Internal ployees who participate in the military ware (Mr. CARPER) were added as co- Revenue Code of 1986 to provide for the reserve components and are called to sponsors of S. 1736, a bill to promote treatment of certain motor vehicle active duty and with respect to re- simplification and fairness in the ad- dealer transitional assistance. placement employees and to allow a ministration and collection of sales S. 1379 comparable credit for activated mili- and use taxes. At the request of Mr. JOHNSON, the tary reservists who are self-employed S. 1775 name of the Senator from Ohio (Mr. individuals, and for other purposes. At the request of Mr. BOND, the name VOINOVICH) was added as a cosponsor of S. 1655 of the Senator from New York (Mrs. S. 1379, a bill to require the Secretary At the request of Mr. ENSIGN, the CLINTON) was added as a cosponsor of S. of the Treasury to mint coins in com- name of the Senator from Missouri 1775, a bill to make certain technical memoration of veterans who became (Mr. TALENT) was added as a cosponsor and conforming amendments to correct disabled for life while serving in the of S. 1655, a bill to ratify the authority the Health Care Safety Net Amend- Armed Forces of the United States. of the Federal Trade Commission to es- ments of 2002. S. 1380 tablish the do-not-call registry. S. 1785 At the request of Mr. CRAIG, his name S. 1664 At the request of Mr. GRASSLEY, the name of the Senator from Pennsyl- was added as a cosponsor of S. 1380, a At the request of Mr. COCHRAN, the vania (Mr. SPECTER) was added as a co- bill to distribute universal service sup- name of the Senator from Illinois (Mr. sponsor of S. 1785, a bill to authorize port equitably throughout rural Amer- FITZGERALD) was added as a cosponsor the operation of National Guard ica, and for other purposes. of S. 1664, a bill to amend the Federal counterdrug schools. S. 1397 Insecticide, Fungicide, and Rodenticide At the request of Mr. GREGG, the Act to provide for the enhanced review S. CON. RES. 73 name of the Senator from Alabama of covered pesticide products, to au- At the request of Mr. SANTORUM, his (Mr. SESSIONS) was added as a cospon- thorize fees for certain pesticide prod- name was added as a cosponsor of S. sor of S. 1397, a bill to prohibit certain ucts, and to extend and improve the Con. Res. 73, a concurrent resolution abortion-related discrimination in gov- collection of maintenance fees. expressing the deep concern of Con- gress regarding the failure of the Is- ernmental activities. S. 1700 lamic Republic of Iran to adhere to its S. 1538 At the request of Mr. HATCH, the obligations under a safeguards agree- At the request of Mr. HARKIN, the name of the Senator from New Mexico ment with the International Atomic name of the Senator from South Caro- (Mr. DOMENICI) was added as a cospon- Energy Agency and the engagement by lina (Mr. GRAHAM) was added as a co- sor of S. 1700, a bill to eliminate the Iran in activities that appear to be de- sponsor of S. 1538, a bill to ensure that substantial backlog of DNA samples signed to develop nuclear weapons. the goals of the Dietary Supplement collected from crime scenes and con- At the request of Mrs. FEINSTEIN, the Health and Education Act of 1994 are victed offenders, to improve and ex- name of the Senator from Connecticut met by authorizing appropriations to pand the DNA testing capacity of Fed- (Mr. LIEBERMAN) was added as a co- fully enforce and implement such Act eral, State, and local crime labora- sponsor of S. Con. Res. 73, supra. and the amendments made by such tories, to increase research and devel- S. CON. RES. 75 Act, and for other purposes. opment of new DNA testing tech- At the request of Mr. DURBIN, the S. 1545 nologies, to develop new training pro- name of the Senator from Mississippi At the request of Mr. HATCH, the grams regarding the collection and use (Mr. COCHRAN) was added as a cospon- name of the Senator from Michigan of DNA evidence, to provide post-con- sor of S. Con. Res. 75, a concurrent res- (Mr. LEVIN) was added as a cosponsor of viction testing of DNA evidence to ex- olution expressing the sense of the S. 1545, a bill to amend the Illegal Im- onerate the innocent, to improve the Congress that a commemorative post- migration Reform and Immigrant Re- performance of counsel in State capital age stamp should be issued to promote sponsibility Act of 1996 to permit cases, and for other purposes. public awareness of Down syndrome. States to determine State residency for S. 1703 S. RES. 244 higher education purposes and to au- At the request of Mr. SMITH, the At the request of Mrs. BOXER, the thorize the cancellation of removal and name of the Senator from Kansas (Mr. adjustment of status of certain alien names of the Senator from Connecticut ROBERTS) was added as a cosponsor of IEBERMAN), the Senator from In- students who are long-term United (Mr. L S. 1703, a bill to amend the Internal diana (Mr. LUGAR), the Senator from States residents. Revenue Code of 1986 to provide a cred- California (Mrs. FEINSTEIN) and the S. 1554 it against income tax for expenditures Senator from New Jersey (Mr. LAUTEN- At the request of Mrs. MURRAY, the for the maintenance of railroad tracks BERG) were added as cosponsors of S. name of the Senator from New Mexico of Class II and Class III railroads. Res. 244, a resolution congratulating (Mr. BINGAMAN) was added as a cospon- S. 1726 Shirin Ebadi for winning the 2003 Nobel sor of S. 1554, a bill to provide for sec- At the request of Mr. ALEXANDER, the Peace Prize and commending her for ondary school reform, and for other names of the Senator from New Jersey her lifetime of work to promote democ- purposes. (Mr. CORZINE), the Senator from Con- racy and human rights. S 1570 . necticut (Mr. LIEBERMAN), the Senator AMENDMENT NO. 1966 At the request of Mr. SANTORUM, the from New Jersey (Mr. LAUTENBERG), At the request of Mr. LAUTENBERG, name of the Senator from Georgia (Mr. the Senator from Indiana (Mr. LUGAR), his name was added as a cosponsor of MILLER) was added as a cosponsor of S. the Senator from South Carolina (Mr. amendment No. 1966 proposed to H.R. 1570, a bill to amend the Internal Rev- HOLLINGS), the Senator from Utah (Mr. 2800, a bill making appropriations for enue Code of 1986 to allow individuals a BENNETT), the Senator from Nebraska foreign operations, export financing, refundable credit against income tax (Mr. HAGEL), the Senator from Georgia and related programs for the fiscal for the purchase of private health in- (Mr. MILLER) and the Senator from year ending September 30, 2004, and for surance, and to establish State health Missouri (Mr. TALENT) were added as other purposes. insurance safety-net programs. cosponsors of S. 1726, a bill to reduce At the request of Mr. SANTORUM, his S. 1595 the preterm labor and delivery and the name was added as a cosponsor of At the request of Mr. KERRY, the risk of pregnancy-related deaths and amendment No. 1966 proposed to H.R. names of the Senator from Louisiana complications due to pregnancy, and to 2800, supra. (Ms. LANDRIEU) and the Senator from reduce infant mortality caused by pre- At the request of Mr. DEWINE, the Illinois (Mr. DURBIN) were added as co- maturity. names of the Senator from New Jersey

VerDate jul 14 2003 00:43 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.013 S27PT1 S13264 CONGRESSIONAL RECORD — SENATE October 27, 2003 (Mr. CORZINE), the Senator from Kan- (b) The President may waive the prohibi- On page 91, line 17, after ‘‘law.’’, insert the sas (Mr. BROWNBACK), the Senator from tion in subsection (a) with respect to a coun- following: Indiana (Mr. LUGAR), the Senator from ty or project if the President certifies to (J) WAIVER.—The prohibition in Section Congress that it is in the national interest of 692 of this Act may be waived on a country Kansas (Mr. ROBERTS), the Senator the United States to waive the prohibition. by country basis if the President determines from Nebraska (Mr. HAGEL), the Sen- On page 48, line 21, insert after ‘‘Jordan:’’ that doing so is in the national security in- ator from North Carolina (Mrs. DOLE), the following: ‘‘Provided further, That of the terest of the United States: Provided, That the Senator from Maine (Ms. COLLINS), funds appropriated by this paragraph, prior to exercising such waiver authority, the Senator from Oregon (Mr. SMITH), $27,000,000 shall be made available for assist- the President shall submit a report to the the Senator from Massachusetts (Mr. ance for Poland:’’. Committees on Appropriations describing: On page 18, line 10, after ‘‘Jordan’’ insert KENNEDY) and the Senator from New (1) the steps the Administration is taking to the following: ‘‘, which sum shall be dis- obtain the cooperation of the government in Mexico (Mr. BINGAMAN) were added as bursed within 30 days of enactment of this cosponsors of amendment No. 1966 pro- surrendering the indictee in question to the Act’’. Special Court for Sierra Leone (SCSL) or the posed to H.R. 2800, supra. On page 141, line 4, strike ‘‘in Jamaica and International Criminal Tribunal for Rwanda f El Salvador’’. (ICTR); (2) a strategy for bringing the in- On page 141, after line 13, insert the fol- dictee before ICTR or SCSL; and (3) the jus- AMENDMENTS SUBMITTED AND lowing: tification for exercising the waiver author- ‘‘(c) REPORT.—The requirement for an an- PROPOSED ity. nual report, contained in section 582(b)(1) of On page 35, line 22, before the colon insert SA 1968. Mr. MCCONNELL (for himself and Division E of P.L. 108–7, shall be applicable the following: ‘‘: Provided further, That of the Mr. LEAHY) proposed an amendment to the to all programs for which funds are provided funds appropriated under this heading, not bill H.R. 2800, making appropriations for for- under the authority of this subsection.’’. less than $2,500,000 shall be made available eign operations, export financing, and re- On page 21, line 18, after the colon insert for continued training, equipment, and other lated programs for the fiscal year ending the following: ‘‘Provided further, That of the assistance for the Colombian National Park September 30, 2004, and for other purposes. funds appropriated under this heading, not Service: Provided further, That none of the SA 1969. Mr. BYRD proposed an amend- less than $350,000 should be made available, funds appropriated by this Act shall be made ment to the bill H.R. 2800, supra. notwithstanding any other provision of law, available for aerial fumigation within Co- SA 1970. Mr. MCCONNELL (for himself, Mr. for the National Endowment for Democracy lombia’s national parks’’. LEAHY, and Mr. MCCAIN) proposed an amend- to support democracy and human rights in On page 20, line 9, before the colon, insert ment to the bill H.R. 2800, supra. North Korea:’’. SA 1971. Mr. SCHUMER (for himself and Insert where appropriate: the following: ‘‘: Provided further, That of the funds made available under this heading, not Mrs. CLINTON) submitted an amendment in- MALAYSIA tended to be proposed by him to the bill H.R. less than $2,500,000 shall be made available, SEC. . (a) Funds appropriated by this Act 2800, supra; which was ordered to lie on the in addition to amounts otherwise available that are available for assistance for Malaysia table. for such purposes, as a United States con- may be made available if the Secretary of SA 1972. Mr. VOINOVICH submitted an tribution to the Office of the United Nations State determines and reports to the Commit- amendment intended to be proposed by him High Commissioner for Human Rights, to tees on Appropriations that the Government to the bill H.R. 2800, supra; which was or- support its activities including human rights of Malaysia supports and promotes religious dered to lie on the table. training for peacekeepers, activities to ad- freedoms, including tolerance for people of SA 1973. Mr. MCCAIN submitted an amend- dress trafficking in persons, monitoring and the Jewish faith. field activities’’. ment intended to be proposed by him to the (b) The Secretary of State may waive the bill H.R. 2800, supra; which was ordered to lie On page 39, line 2, before the period insert requirements of subsection (a) if he deter- the following: ‘‘: Provided, That funds made on the table. mines and reports to the Committees on Ap- SA 1974. Mr. LUGAR submitted an amend- available under this heading are appro- propriations that such a waiver is in the na- priated notwithstanding the provisions con- ment intended to be proposed by him to the tional security interests of the United bill H.R. 2800, supra; which was ordered to lie tained in section 2(c)(2) of such Act which States. would limit the amount of funds which could on the table. On page 23, line 21, delete all after the be appropriated for this purpose’’. SA 1975. Mr. ALLARD submitted an colon through ‘‘Macedonia:’’ on line 25. On page 75, line 22, strike ‘‘$10,000,000’’ and amendment intended to be proposed by him On page 21, line 18, after the colon insert insert in lieu thereof: ‘‘$25,000,000’’. to the bill H.R. 2800, supra; which was or- the following: ‘‘Provided further, That of the On page 75, line 24, before the colon, insert dered to lie on the table. funds appropriated under this heading, up to the following: ‘‘, and to support programs $1,000,000 should be made available for a pro- f aimed at addressing the needs of Afghan gram to promote greater understanding and women in consultation with other Afghan TEXT OF AMENDMENTS interaction among youth in Albania, Kosovo, ministries’’. SA 1968. Mr. MCCONNELL (for him- Montenegro and Macedonia:’’. On page 17, line 18, strike ‘‘Provided’’ On page 21, line 18, before the colon, insert self and Mr. LEAHY) proposed an through ‘‘Cairo:’’ on page 18, line 1. the following: ‘‘: Provided further, That of the amendment to the bill H.R. 2800, mak- On page 122, line 3, strike ‘‘are made’’ and funds made available under this heading and ing appropriations for foreign oper- insert in lieu thereof: ‘‘are’’. the heading ‘‘Office of Transition Initia- ations, export financing, and related On page 137, line 11, strike ‘‘March 1’’ and tives’’, not less than $5,000,000 shall be made programs for the fiscal year ending insert in lieu thereof: ‘‘March 31’’. available for disarmament, demobilization, September 30, 2004, and for other pur- On page 37, line 22, strike ‘‘$18,500,000’’ and and reintegration of child soldiers in Libe- insert in lieu thereof: ‘‘$21,000,000’’. ria’’. poses; as follows: On page 147, line 6, after ‘‘Act’’ insert the On page 19, line 25, before the colon, insert On page 147, between lines 6 and 7, insert following: the following: ‘‘: Provided further, That of the the following new section: WAR CRIMES IN AFRICA funds appropriated under this heading, not less than $10,000,000 shall be made available PROHIBITION ON FUNDING TO COUNTRIES THAT SEC. 692. Funds appropriated by this Act, TRADE IN CERTAIN WEAPONS WITH NORTH including funds for debt restructuring, shall for programs and activities in rural Mexico KOREA not be made available to the central govern- to promote microcredit lending, small business and entrepreneurial development, and SEC. 692. (a) No funds appropriated pursu- ment of a country in which individuals in- ant to this Act may be made available to the dicted by the International Criminal Tri- private property ownership in rural commu- government of a country or for a project in bunal for Rwanda (ICTR) and the Special nities, and to support small farmers who a country that, during the 12-month period Court for Sierra Leone (SCSL) are credibly have been affected by adverse economic con- ending on the date that such funds would be alleged to be living unless the Secretary of ditions: Provided further, That funds made obligated, has— State certifies to the President of the Senate available pursuant to the previous proviso (1) exported to North Korea any item listed and the Speaker of the House of Representa- may be made available only if the case in- on the United States Munitions List under tives that such government is cooperating volving three Americans arrested in Oaxaca, section 38 of the Arms Export Control Act (22 with ICTR and SCSL, including the sur- Mexico on October 6, 2003, in connection with U.S.C. 2278) or any dual-use item on the render and transfer of indictees: Provided, a private property dispute is resolved satis- Commerce Control List pursuant to the Ex- That the previous proviso shall not apply to factorily, and such funds shall be subject to port Administration Regulations (15 C.F.R. assistance provided under section 551 of the the regular notification procedures of the part 730 et seq.), if the President determines Foreign Assistance Act of 1961: Provided fur- Committees on Appropriations’’. that such items are intended for use in a ther, That the United States shall use its weapons of mass destruction or a missile voice and vote in the United Nations Secu- SA 1969. Mr. BYRD proposed an program in North Korea; or rity Council to fully support efforts by ICTR amendment to the bill H.R. 2800, mak- (2) imported from North Korea any item and SCSL to bring to justice individuals in- ing appropriations for foreign oper- described in paragraph (1). dicted by such tribunals. ations, export financing, and related

VerDate jul 14 2003 01:51 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.014 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13265 programs for the fiscal year ending (1) The term ‘‘appropriate congressional (3) The Department of State issued a state- September 30, 2004, and for other pur- committees’’ means the Committee on Ap- ment on October 21, 2003 concluding that the poses, as follows: propriations of the Senate and the Com- irregularities that occurred during the elec- mittee on Appropriations of the House of tions ‘‘cast doubt on the credibility of the At the appropriate place, add the fol- Representatives. election’s results’’. lowing: (2) The term ‘‘fully adjudicated’’ includes (4) Human Rights Watch reported that gov- Sec. ll. (a) None of the funds made avail- circumstances in which the person to whom ernment forces in Azerbaijan used excessive able by this Act or any other Act may be the vehicle is registered— force against demonstrators protesting elec- used by the Coalition Provisional Authority (A)(i) has not responded to the parking vio- tion fraud and that such force resulted in at (CPA) unless the Administrator of the Coali- lation summons; or least one death and injuries to more than 300 tion Provisional Authority is an officer of (ii) has not followed the appropriate adju- individuals. the United States Government appointed by dication procedure to challenge the sum- (5) Following the elections, the Govern- the President by and with the advice and mons; and ment of Azerbaijan arrested more than 330 consent of the Senate. (b) This provision shall be effective March (B) the period of time for payment or chal- individuals, many of whom are leaders and 1, 2004. lenge the summons has lapsed. rank-and-file members of opposition parties (3) The term ‘‘parking fines and penalties’’ in Azerbaijan, including individuals who SA 1970. Mr. MCCONNELL (for him- means parking fines and penalties— served as observers and polling-station offi- (A) owed to— cials who refused to sign vote tallies from self, Mr. LEAHY, and Mr. MCCAIN) pro- (i) the District of Columbia; or polling stations that the individuals believed posed an amendment to the bill H.R. (ii) New York, New York; and were fraudulent. 2800, making appropriations for foreign (B) incurred during the period April 1, 1997 (6) The national interest of the United operations, export financing, and re- through September 30, 2003. States in promoting stability in the lated programs for the fiscal year end- Caucasus and Central Asia and in winning ing September 30, 2004, and for other SA 1972. Mr. VOINOVICH submitted the war on terrorism is best protected by purposes; as follows: an amendment intended to be proposed maintaining relationships with democracies On page 111, after line 12, insert the fol- by him to the bill H.R. 2800, making ap- committed to the rule of law. lowing: propriations for foreign operations, ex- (7) The credible reports of fraud and in- (c) It is the sense of the Senate that the port financing, and related programs timidation cast serious doubt on the legit- United Nations Security Council should de- for the fiscal year ending September 30, imacy of the October 15, 2003 Presidential bate and consider sanctions against Burma election in Azerbaijan and on the victory of 2004, and for other purposes; which was Ilham Aliev in such election. as a result of the threat to regional stability ordered to lie on the table; as follows: and peace posed by the repressive and illegit- (b) It is the sense of Congress that— imate rule of the State Peace and Develop- On page 147, between lines 6 and 7, insert (1) the President and the Secretary of ment Council. the following new section: State should urge the Government of Azer- ANNUAL REPORT ON INTERNATIONAL RELIGIOUS baijan to create an independent commission, SA 1971. Mr. SCHUMER (for himself FREEDOM TO INCLUDE INFORMATION ON ANTI- with participation from the Organization for and Mrs. CLINTON) submitted an SEMITISM Security and Cooperation in Europe and the amendment intended to be proposed by SEC. 692. Section 102(b)(1) of the Inter- Council of Europe, to investigate the fraud national Religious Freedom Act of 1998 (22 and intimidation surrounding the October 15, him to the bill H.R. 2800, making ap- 2003 election in Azerbaijan, and to hold a new propriations for foreign operations, ex- U.S.C. 6412(b)(1)) is amended by adding at the end the following new subparagraph: election if such a commission finds that a port financing, and related programs ‘‘(G) ACTS OF ANTI-SEMITISM.—A descrip- new election is warranted; for the fiscal year ending September 30, tion for each foreign country of— (2) the violence that followed the election 2004, and for other purposes; which was ‘‘(i) acts of anti-Semitic violence that oc- should be condemned and should be inves- ordered to lie on the table; as follows: curred in that country; tigated in a full and impartial investigation; (3) the perpetrators of criminal acts re- Beginning on page 98, strike line 24 and all ‘‘(ii) the response of the government of lated to the election, including Azerbaijani that follows through page 99, line 10 and in- that country to such acts of violence; police, should be held accountable; and sert the following: ‘‘(iii) actions by the government of that (4) the Government of Azerbaijan should SEC. 644. (a) Subject to subsection (c), of country to enact and enforce laws relating to the funds appropriated by this Act that are the protection of the right to religious free- immediately release from detention all made available for assistance for a foreign dom with respect to people of the Jewish members of opposition political parties who country, an amount equal to 110 percent of faith; were arrested for peacefully expressing polit- the total amount of the unpaid fully adju- ‘‘(iv) societal attitudes in that country to- ical opinions. dicated parking fines and penalties owed by ward people of the Jewish faith; and (c) Not later than 90 days after the date of such country shall be withheld from obliga- ‘‘(v) trends relating to such attitudes in the enactment of this Act, the Secretary of tion for such country until the Secretary of that country.’’. State, in consultation with the Attorney State submits a certification to the appro- General, shall submit a report to the Com- priate congressional committees stating SA 1973. Mr. MCCAIN submitted an mittee on Foreign Relations and the Com- that such parking fines and penalties are amendment intended to be proposed by mittee on Appropriations of the Senate and fully paid. him to the bill H.R. 2800, making ap- the Committee on International Relations and the Committee of Appropriations of the (b) Funds withheld from obligation pursu- propriations for foreign operations, ex- ant to subsection (a) may be made available House of Representatives on the investiga- port financing, and related programs tion of the murder of United States democ- for other programs or activities funded by for the fiscal year ending September 30, this Act, after consultation with and subject racy worker John Alvis. Such report shall to the regulation notification procedures of 2004, and for other purposes; which was include— the appropriate congressional committees, ordered to lie on the table; as follows: (1) a description of the steps taken by the provided that no such funds shall be made On page 147, between lines 6 and 7, insert Government of Azerbaijan to further such in- available for assistance to a foreign country the following new section: vestigation and bring to justice those re- that has not paid the total amount of the SEC. 692. (a) Congress makes the following sponsible for the murder of John Alvis; fully adjudicated parking fines and penalties findings: (2) a description of the actions of the Gov- owed by such country. (1) International organizations and non- ernment of Azerbaijan to cooperate with (c) Subsection (a) shall not include governmental observers, including the Orga- United States agencies involved in such in- amounts that have been withheld under any nization for Security and Cooperation in Eu- vestigation; and other provision of law. rope, the National Democratic Institute, and (3) any recommendations of the Secretary (d) The Secretary of State may waive the Human Rights Watch documented wide- for furthering progress of such investigation. requirements set forth in subsection (a) with spread government manipulation of the elec- respect to a country if the Secretary— toral process in advance of the Presidential SA 1974. Mr. LUGAR submitted an (1) determines that the waiver is in the na- election held in Azerbaijan on October 15, amendment intended to be proposed by tional security interests of the United 2003. him to the bill H.R. 2800, making ap- States; and (2) Such organizations and the Department propriations for foreign operations, ex- (2) submits to the appropriate congres- of State reported widespread vote falsifica- port financing, and related programs sional committees a written justification for tion during the election, including ballot for the fiscal year ending September 30, such determination that includes a descrip- stuffing, fraudulent additions to voter lists, tion of the steps being taken to collect the and irregularities with vote tallies and found 2004, and for other purposes; which was parking fines and penalties owed by such that election commission members from op- ordered to lie on the table; as follows: country. position parties were bullied into signing fal- On page 1, line 3, strike ‘‘That the’’ and in- (e) In this section: sified vote tallies. sert the following:

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.015 S27PT1 S13266 CONGRESSIONAL RECORD — SENATE October 27, 2003 DIVISION A—APPROPRIATIONS SEC. 1102. UNITED STATES EDUCATIONAL, CUL- to be appropriated for the Department such TURAL, AND PUBLIC DIPLOMACY The sums as may be necessary for the fiscal year PROGRAMS. 2004 to offset adverse fluctuations in foreign On page 147, line 7, strike ‘‘Act’’ and insert (a) IN GENERAL.—The following amounts currency exchange rates. ‘‘division’’. are authorized to be appropriated for the De- (2) AVAILABILITY OF FUNDS.—Amounts ap- On page 147, after line 9, insert the fol- partment to carry out public diplomacy pro- propriated under this subsection shall be lowing: grams of the Department under the United available for obligation and expenditure only States Information and Educational Ex- to the extent that the Director of the Office DIVISION B—FOREIGN RELATIONS change Act of 1948, the Mutual Educational AUTHORIZATIONS of Management and Budget determines and and Cultural Exchange Act of 1961, Reorga- certifies to the appropriate congressional SEC. 1100. SHORT TITLE; DEFINITIONS. nization Plan Number 2 of 1977, the Foreign committees that such amounts are necessary (a) SHORT TITLE.—This division may be Affairs Reform and Restructuring Act of due to such fluctuations. 1998, the Center for Cultural and Technical cited as the ‘‘Foreign Relations Authoriza- SEC. 1104. INTERNATIONAL COMMISSIONS. tion Act, Fiscal Year 2004’’. Interchange Between East and West Act of 1960, the Dante B. Fascell North-South Cen- The following amounts are authorized to (b) DEFINITIONS.—In this division: be appropriated under ‘‘International Com- (1) APPROPRIATE CONGRESSIONAL COMMIT- ter Act of 1991, and the National Endowment for Democracy Act, and to carry out other missions’’ for the Department to carry out TEES.—The term ‘‘appropriate congressional the authorities, functions, duties, and re- committees’’ means the Committee on For- authorities in law consistent with the purposes of such Acts: sponsibilities in the conduct of the foreign eign Relations of the Senate and the Com- affairs of the United States with respect to mittee on International Relations of the (1) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.— international commissions and for other pur- House of Representatives. poses authorized by law: (2) DEPARTMENT.—The term ‘‘Department’’ (A) FULBRIGHT ACADEMIC EXCHANGE PRO- GRAMS.— (1) INTERNATIONAL BOUNDARY AND WATER means the Department of State. COMMISSION, UNITED STATES AND MEXICO.—For (3) SECRETARY.—Except as otherwise pro- (i) IN GENERAL.—For the ‘‘Fulbright Aca- demic Exchange Programs’’ $127,365,000 for ‘‘International Boundary and Water Commis- vided in this division, the term ‘‘Secretary’’ sion, United States and Mexico’’— means the Secretary of State. the fiscal year 2004. (ii) VIETNAM FULBRIGHT ACADEMIC EX- (A) for ‘‘Salaries and Expenses’’, $31,562,000 TITLE XI—AUTHORIZATIONS OF CHANGE PROGRAM.—Of the amount authorized for the fiscal year 2004; and APPROPRIATIONS to be appropriated by clause (i), $5,000,000 to (B) for ‘‘Construction’’, $8,901,000 for the fiscal year 2004. Subtitle A—Department of State carry out the Vietnam scholarship program established by section 229 of the Foreign Re- (2) INTERNATIONAL BOUNDARY COMMISSION, SEC. 1101. ADMINISTRATION OF FOREIGN AF- UNITED STATES AND CANADA.—For ‘‘Inter- FAIRS. lations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–138). national Boundary Commission, United The following amounts are authorized to (B) OTHER EDUCATIONAL AND CULTURAL EX- States and Canada’’, $1,261,000 for the fiscal be appropriated for the Department under CHANGE PROGRAMS.—For other educational year 2004. ‘‘Administration of Foreign Affairs’’ to carry and cultural exchange programs authorized (3) INTERNATIONAL JOINT COMMISSION.—For out the authorities, functions, duties, and re- by law, $274,981,000 for the fiscal year 2004. ‘‘International Joint Commission’’, $7,810,000 sponsibilities in the conduct of foreign af- (2) NATIONAL ENDOWMENT FOR DEMOCRACY.— for the fiscal year 2004. fairs of the United States, and for other pur- For the ‘‘National Endowment for Democ- (4) INTERNATIONAL FISHERIES COMMIS- poses authorized by law: racy’’, $42,000,000 for the fiscal year 2004. SIONS.—For ‘‘International Fisheries Com- (1) DIPLOMATIC AND CONSULAR PROGRAMS.— (3) CENTER FOR CULTURAL AND TECHNICAL missions’’, $20,043,000 for the fiscal year 2004. (A) AUTHORIZATION OF APPROPRIATIONS.— INTERCHANGE BETWEEN EAST AND WEST.—For SEC. 1105. MIGRATION AND REFUGEE ASSIST- For ‘‘Diplomatic and Consular Programs’’, the ‘‘Center for Cultural and Technical ANCE. $4,171,504,000 for the fiscal year 2004. Interchange Between East and West’’, (a) IN GENERAL.—There is authorized to be (B) WORLDWIDE SECURITY UPGRADES.—Of $15,000,000 for the fiscal year 2004. appropriated for ‘‘Migration and Refugee As- the amounts authorized to be appropriated (4) DANTE B. FASCELL NORTH-SOUTH CEN- sistance’’ for authorized activities, by subparagraph (A), $646,701,000 for the fis- TER.—For the ‘‘Dante B. Fascell North-South $760,197,000 for the fiscal year 2004. cal year 2004 is authorized to be appropriated Center’’, $2,000,000 for the fiscal year 2004. (b) REFUGEES RESETTLING IN ISRAEL.—Of for worldwide security upgrades. (b) ASIA FOUNDATION.—Section 404 of The the amount authorized to be appropriated by (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap- Asia Foundation Act (22 U.S.C. 4403) is subsection (a), $50,000,000 is authorized to be ital Investment Fund’’, $157,000,000 for the amended to read as follows: available for the fiscal year 2004 for the re- fiscal year 2004. ‘‘SEC. 404. There are authorized to be ap- settlement of refugees in Israel. (3) EMBASSY SECURITY, CONSTRUCTION AND propriated to the Secretary of State SEC. 1106. AUTHORIZATION FOR THE CENTER MAINTENANCE.—For ‘‘Embassy Security, Con- $15,000,000 for the fiscal year 2004 for grants FOR CULTURAL AND TECHNICAL struction and Maintenance’’, $926,400,000 for to The Asia Foundation pursuant to this INTERCHANGE BETWEEN EAST AND the fiscal year 2004, in addition to the title.’’. WEST. amounts authorized to be appropriated for SEC. 1103. INTERNATIONAL ORGANIZATIONS AND Of the amounts authorized in this Act such purpose by section 604 of the Admiral CONFERENCES. under section 1102 for United States edu- James W. Nance and Meg Donovan Foreign (a) ASSESSED CONTRIBUTIONS TO INTER- cational, cultural, and public diplomacy pro- Relations Authorization Act, Fiscal Years NATIONAL ORGANIZATIONS.—There is author- grams, up to $4,000,000 is authorized to be ap- 2000 and 2001 (as enacted into law by section ized to be appropriated for ‘‘Contributions to propriated, in addition to such funds author- 1000(a)(7) of Public Law 106–113 and contained International Organizations’’, $1,010,463,000 ized under section 1102(a)(3), in support of in appendix G of that Act; 113 Stat. 1501A– for the fiscal year 2004 for the Department to the Center for Cultural and Technical Inter- 453). carry out the authorities, functions, duties, change Between East and West. (4) REPRESENTATION ALLOWANCES.—For and responsibilities in the conduct of the for- Subtitle B—United States International ‘‘Representation Allowances’’, $9,000,000 for eign affairs of the United States with respect Broadcasting Activities the fiscal year 2004. to international organizations and to carry (5) PROTECTION OF FOREIGN MISSIONS AND out other authorities in law consistent with SEC. 1111. AUTHORIZATIONS OF APPROPRIA- OFFICIALS.—For ‘‘Protection of Foreign Mis- such purposes. TIONS. sions and Officials’’, $21,000,000 for the fiscal (b) CONTRIBUTIONS FOR INTERNATIONAL The following amounts are authorized to year 2004, and $55,900,000 to be available for PEACEKEEPING ACTIVITIES.— be appropriated to carry out United States expenses related to protection of foreign (1) AUTHORIZATION OF APPROPRIATION.— Government broadcasting activities under missions and officials incurred prior to Octo- There is authorized to be appropriated for the United States Information and Edu- ber 1, 2003. ‘‘Contributions for International Peace- cational Exchange Act of 1948, the United (6) EMERGENCIES IN THE DIPLOMATIC AND keeping Activities’’, $550,200,000 for the fiscal States International Broadcasting Act of CONSULAR SERVICE.—For ‘‘Emergencies in the year 2004 for the Department to carry out 1994, the Radio Broadcasting to Cuba Act, Diplomatic and Consular Service’’, $1,000,000 the authorities, functions, duties, and re- the Television Broadcasting to Cuba Act, for the fiscal year 2004. sponsibilities of the United States with re- and the Foreign Affairs Reform and Restruc- (7) REPATRIATION LOANS.—For ‘‘Repatri- spect to international peacekeeping activi- turing Act of 1998, and to carry out other au- ation Loans’’, $1,219,000 for the fiscal year ties and to carry out other authorities in law thorities in law consistent with the purposes 2004. consistent with such purposes. of such Acts: (8) PAYMENT TO THE AMERICAN INSTITUTE IN (2) AVAILABILITY OF FUNDS.—Funds appro- (1) INTERNATIONAL BROADCASTING OPER- TAIWAN.—For ‘‘Payment to the American In- priated pursuant to paragraph (1) are author- ATIONS.—For ‘‘International Broadcasting stitute in Taiwan’’, $19,773,000 for the fiscal ized to be available until September 30, 2005. Operations’’, $561,005,000 for the fiscal year year 2004. (c) FOREIGN CURRENCY EXCHANGE RATES.— 2004. (9) OFFICE OF THE INSPECTOR GENERAL.—For (1) AUTHORIZATION OF APPROPRIATION.—In (2) BROADCASTING CAPITAL IMPROVEMENTS.— ‘‘Office of the Inspector General’’, $31,703,000 addition to amounts authorized to be appro- For ‘‘Broadcasting Capital Improvements’’, for the fiscal year 2004. priated by subsection (a), there is authorized $11,395,000 for the fiscal year 2004.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.021 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13267 TITLE XII—DEPARTMENT OF STATE ‘‘SEC. 37A. PROTECTION OF BUILDINGS AND from the United States Olympic Committee AUTHORITIES AND ACTIVITIES AREAS IN THE UNITED STATES BY for security provided to the United States DESIGNATED LAW ENFORCEMENT Subtitle A—Basic Authorities and Activities Olympic Team by Diplomatic Security Spe- OFFICERS. cial Agents during the 2004 Summer Olym- SEC. 1201. INTERFERENCE WITH PROTECTIVE ‘‘(a) DESIGNATION OF LAW ENFORCEMENT OF- pics. FUNCTIONS. FICERS.—The Secretary of State may des- (b) OFFSETTING RECEIPT.—Reimbursements (a) OFFENSE.—Chapter 7 of title 18, United ignate Department of State uniformed provided under subsection (a) shall be depos- States Code, is amended by adding at the end guards as law enforcement officers for duty ited as an offsetting receipt to the appro- the following: in connection with the protection of build- priate Department account. ings and areas within the United States for ‘‘§ 117. Interference with certain protective (c) AVAILABILITY OF FUNDS.—Funds col- which the Department of State provides pro- functions lected under the authority in subsection (a) tective services, including duty in areas out- ‘‘Whoever knowingly and willfully ob- shall remain available for obligation until side the property to the extent necessary to structs, resists, or interferes with a Federal September 30, 2005. protect the property and persons on the law enforcement agent engaged, within the property. Subtitle B—Educational, Cultural, and Public United States or the special maritime terri- ‘‘(b) POWERS OF OFFICERS.—While engaged Diplomacy Authorities torial jurisdiction of the United States, in in the performance of official duties as a law SEC. 1211. AUTHORITY TO PROMOTE BIO- the performance of the protective functions enforcement officer designated under sub- TECHNOLOGY. authorized by section 37 of the State Depart- section (a), an officer may— The Secretary is authorized to support, by ment Basic Authorities Act of 1956 (22 U.S.C. ‘‘(1) enforce Federal laws and regulations grants, cooperative agreements, or con- 2709) or section 103 of the Diplomatic Secu- for the protection of persons and property; tracts, outreach and public diplomacy activi- rity Act (22 U.S.C. 4802) shall be fined under ‘‘(2) carry firearms; and ties regarding the benefits of agricultural this title or imprisoned not more than one ‘‘(3) make arrests without warrant for any biotechnology and science-based regulatory year, or both.’’. offense against the United States committed systems, and the application of agricultural (b) CLERICAL AMENDMENT.—The table of in the officer’s presence, or for any felony biotechnology for trade and development sections at the beginning of such chapter is cognizable under the laws of the United purposes. The total amount of grants made amended by adding at the end the following States if the officer has reasonable grounds pursuant to this authority in a fiscal year new item: to believe that the person to be arrested has shall not exceed $500,000. ‘‘117. Interference with certain protective committed or is committing such felony in SEC. 1212. THE UNITED STATES DIPLOMACY CEN- functions.’’. connection with the buildings and areas, or TER. SEC. 1202. AUTHORITY TO ISSUE ADMINISTRA- persons, for which the Department of State Title I of the State Department Basic Au- TIVE SUBPOENAS. is providing protective services. thorities Act of 1956 is amended by adding Section 37 of the State Department Basic ‘‘(c) REGULATIONS.—(1) The Secretary of after section 58 (22 U.S.C. 2730) the following Authorities Act of 1956 (22 U.S.C. 2709) is State may prescribe regulations necessary new section: amended by adding at the end the following for the administration of buildings and areas ‘‘SEC. 59. THE UNITED STATES DIPLOMACY CEN- new subsection: within the United States for which the De- TER. ‘‘(d) ADMINISTRATIVE SUBPOENAS.— partment of State provides protective serv- ‘‘(a) ACTIVITIES.— ‘‘(1) IN GENERAL.—If the Secretary deter- ices. The regulations may include reasonable ‘‘(1) SUPPORT AUTHORIZED.—The Secretary mines that there is an imminent threat penalties, within the limits prescribed in of State is authorized to provide by contract, against a person, foreign mission, or inter- subsection (d), for violations of the regula- grant, or otherwise, for the performance of national organization protected under the tions. appropriate museum visitor and educational authority of subsection (a)(3), the Secretary ‘‘(2) The Secretary shall consult with the outreach services, including organizing con- may issue in writing, and cause to be served, Secretary of Homeland Security in preference activities, museum shop services, a subpoena requiring— scribing the regulations under paragraph (1). and food services, in the public exhibit and ‘‘(3) The regulations shall be posted and ‘‘(A) the production of any records or other related space utilized by the United States kept posted in a conspicuous place on the items relevant to the threat; and Diplomacy Center. property. ‘‘(B) testimony by the custodian of the ‘‘(2) PAYMENT OF EXPENSES.—The Secretary ‘‘(d) PENALTIES.—A person violating a reg- items required to be produced concerning the ulation prescribed under subsection (c) shall may pay all reasonable expenses of con- production and authenticity of those items. be fined under title 18, United States Code, ference activities conducted by the Center, ‘‘(2) REQUIREMENTS.— or imprisoned for not more than 30 days, or including refreshments and reimbursement ‘‘(A) RETURN DATE.—A subpoena under this both. of travel expenses incurred by participants. subsection shall describe the items required ‘‘(e) TRAINING OFFICERS.—The Secretary of ‘‘(3) RECOVERY OF COSTS.—Any revenues to be produced and shall specify a return State may also designate firearms and explo- generated under the authority of paragraph date within a reasonable period of time with- sives training officers as law enforcement of- (1) for visitor services may be retained, as a in which the requested items may be assem- ficers under subsection (a) for the limited recovery of the costs of operating the Center, bled and made available. The return date purpose of safeguarding firearms, ammuni- and credited to any Department of State ap- specified may not be less than 24 hours after tion, and explosives that are located at fire- propriation. service of the subpoena. arms and explosives training facilities ap- ‘‘(b) DISPOSITION OF UNITED STATES DIPLO- ‘‘(B) NOTIFICATION TO ATTORNEY GENERAL.— proved by the Secretary or are in transit be- MACY CENTER ARTIFACTS AND MATERIALS.— As soon as practicable following the issuance tween training facilities and Department of ‘‘(1) PROPERTY OF SECRETARY.—All historic of a subpoena under this subsection, the Sec- State weapons and munitions vaults. documents, artifacts, or other articles per- retary shall notify the Attorney General of ‘‘(f) ATTORNEY GENERAL APPROVAL.—The manently acquired by the Department of its issuance. powers granted to officers designated under State and determined by the Secretary to be ‘‘(C) OTHER REQUIREMENTS.—The following this section shall be exercised in accordance suitable for display in the United States Di- provisions of section 3486 of title 18, United with guidelines approved by the Attorney plomacy Center shall be considered to be the States Code, shall apply to the exercise of General. property of the Secretary in the Secretary’s the authority of paragraph (1): ‘‘(g) RELATIONSHIP TO OTHER AUTHORITY.— official capacity and shall be subject to dis- ‘‘(i) Paragraphs (4) through (8) of sub- Nothing in this section shall be construed to position solely in accordance with this subsection (a). affect the authority of the Secretary of section. ‘‘(ii) Subsections (b), (c), and (d). Homeland Security, the Administrator of ‘‘(2) SALE OR TRADE.—Whenever the Sec- ‘‘(3) DELEGATION OF AUTHORITY.—The au- General Services, or any Federal law en- retary makes the determination under para- thority under this subsection may be dele- forcement agency.’’. graph (3) with respect to an item, the Sec- gated only to the Deputy Secretary of State. SEC. 1204. PROHIBITION ON TRANSFER OF CER- retary may sell at fair market value, trade, ‘‘(4) ANNUAL REPORT.—Not later than Feb- TAIN VISA PROCESSING FEES. or transfer the item, without regard to the ruary 1 of each year, the Secretary shall sub- Section 140(a)(2) of the Foreign Relations requirements of subtitle I of title 40, United mit to the Committee on Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 States Code. The proceeds of any such sale of the Senate and the Committee on Inter- (8 U.S.C. 1351 note) is amended by inserting may be used solely for the advancement of national Relations of the House of Rep- before the period at the end the following: ‘‘, the Center’s mission and may not be used for resentatives a report regarding the exercise and shall not be transferred to any other any purpose other than the acquisition and of the authority under this subsection during agency, except that funds may be transferred direct care of collections. the previous calendar year.’’. by the Secretary for the procurement of ‘‘(3) DETERMINATIONS PRIOR TO SALE OR SEC. 1203. ENHANCED DEPARTMENT OF STATE goods and services from other departments TRADE.—The determination referred to in AUTHORITY FOR UNIFORMED SECU- or agencies pursuant to section 1535 of title paragraph (2), with respect to an item, is a RITY OFFICERS. 31, United States Code’’. determination that— The State Department Basic Authorities SEC. 1205. REIMBURSEMENT FROM UNITED ‘‘(A) the item no longer serves to further Act of 1956 is amended by inserting after sec- STATES OLYMPIC COMMITTEE. the purposes of the Center established in the tion 37 (22 U.S.C. 2709) the following new sec- (a) IN GENERAL.—The Secretary shall seek, collections management policy of the Cen- tion: to the extent practicable, reimbursement ter; or

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.021 S27PT1 S13268 CONGRESSIONAL RECORD — SENATE October 27, 2003 ‘‘(B) in order to maintain the standards of such program shall be paid by such country SEC. 1303. ADDITIONAL AUTHORITY FOR WAIVER the collections of the Center, the sale or ex- or entity during the period in which such OF ANNUITY LIMITATIONS ON REEM- change of the item would be a better use of employee is participating in the program. PLOYED FOREIGN SERVICE ANNU- the item. ITANTS. ‘‘(c) For the purposes of the program au- Section 824(g) of the Foreign Service Act of ‘‘(4) LOANS.—The Secretary may also lend thorized by subsection (a), Congress consents 1980 (22 U.S.C. 4064(g)) is amended to read as items covered by paragraph (1), when not to employees of a designated country or des- follows: needed for use or display in the Center, to ignated entity continuing to receive pay- ‘‘(g) The Secretary of State may waive the the Smithsonian Institution or a similar in- ment of salary and benefits from such des- application of subsections (a) through (d) on stitution for repair, study, or exhibition.’’. ignated country or designated entity while a case-by-case basis for an annuitant reem- SEC. 1213. LATIN AMERICA CIVILIAN GOVERN- they serve in offices of profit or trust within ployed on a temporary basis— MENT SECURITY PROGRAM. the Department of State. ‘‘(1) if, and for so long as, such waiver is The Secretary is authorized to establish, necessary due to an emergency involving a through an institution of higher education in ‘‘(d) In this section: direct threat to life or property or other un- the United States that has prior experience ‘‘(1) The term ‘designated country’ means a usual circumstances; or in the field, an educational program designed member country of— ‘‘(2) if the annuitant is employed in a posi- to promote civilian control of government ‘‘(A) the North Atlantic Treaty Organiza- tion for which there is exceptional difficulty ministries in Latin America that perform tion; or in recruiting or retaining a qualified em- national security functions by teaching and ‘‘(B) the European Union. ployee.’’. reinforcing among young professionals from ‘‘(2) The term ‘designated entity’ means— countries in Latin America the analytical ‘‘(A) the North Atlantic Treaty Organiza- SEC. 1304. HOME LEAVE. skills, knowledge of civil institutions, and tion; or Chapter 9 of title I of the Foreign Service leadership skills necessary to manage na- ‘‘(B) the European Union.’’. Act of 1980 is amended— (1) in section 901(6) (22 U.S.C. 4081(6)), by tional security functions within a demo- (b) TECHNICAL AND CONFORMING AMEND- striking ‘‘unbroken by home leave’’ both cratic civil society. MENTS.—Such Act is amended— places that it appears; and SEC. 1214. COMBATTING PIRACY OF UNITED (1) in section 503 (22 U.S.C. 3983)— (2) in section 903(a) (22 U.S.C. 4083(a)), by STATES COPYRIGHTED MATERIALS. (A) in the section heading, by striking striking ‘‘18 months’’ in the first sentence (a) PROGRAM AUTHORIZED.—The Secretary ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN- and inserting ‘‘12 months’’. may carry out a program of activities to MENTS, OR’’; and combat piracy in countries that are not (B) in subsection (a)(1), by inserting after SEC. 1305. INCREASED LIMITS APPLICABLE TO members of the Organization for Economic ‘‘body’’ the following: ‘‘, or with a foreign POST DIFFERENTIALS AND DANGER PAY ALLOWANCES. Cooperation and Development (OECD), in- government under section 506’’; and (a) POST DIFFERENTIALS.—Section 5925(a) of cluding activities as follows: (2) in section 2, in the table of contents— title 5, United States Code, is amended by (1) The provision of equipment and train- (A) by striking the item relating to section striking ‘‘25 percent’’ in the third sentence ing for law enforcement, including in the in- 503 and inserting the following: and inserting ‘‘35 percent’’. terpretation of intellectual property laws. (b) DANGER PAY ALLOWANCES.—Section 5928 (2) The provision of training for judges and ‘‘Sec. 503. Assignments to agencies, inter- of title 5, United States Code, is amended by prosecutors, including in the interpretation national organizations, foreign striking ‘‘25 percent’’ both places that it ap- of intellectual property laws. governments, or other bodies.’’; pears and inserting ‘‘35 percent’’. (3) The provision of assistance in com- and plying with obligations under applicable (B) by inserting after the item relating to SEC. 1306. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY. international treaties and agreements on section 505 the following: (a) SUSPENSION.—Section 610 of the Foreign copyright and intellectual property. ‘‘Sec. 506. Fellowship of Hope Program.’’. Service Act of 1980 (22 U.S.C. 4010) is amend- (b) DISCHARGE THROUGH BUREAU OF ECO- ed by adding at the end the following new NOMIC AFFAIRS.—The Secretary shall carry SEC. 1302. COST-OF-LIVING ALLOWANCES. subsection: out the program authorized by subsection (a) Section 5924(4) of title 5, United States ‘‘(c) SUSPENSION.—(1) The Secretary may through the Bureau of Economic Affairs of Code, is amended— suspend a member of the Foreign Service the Department. (1) in the first sentence of subparagraph without pay when there is reasonable cause (c) CONSULTATION WITH WORLD INTELLEC- (A)— to believe that the member has committed a TUAL PROPERTY ORGANIZATION.—In carrying (A) by inserting ‘‘activities required for crime for which a sentence of imprisonment out the program authorized by subsection successful completion of a grade or course may be imposed and there is a connection be- (a), the Secretary shall, to the maximum ex- and’’ after ‘‘(including’’; and tween the conduct and the efficiency of the tent practicable, consult with and provide (B) by striking ‘‘not to exceed the total Foreign Service. assistance to the World Intellectual Prop- cost to the Government of the dependent at- ‘‘(2) Any member of the Foreign Service for erty Organization in order to promote the in- tending an adequate school in the nearest lo- which a suspension is proposed shall be enti- tegration of countries described in sub- cality where an adequate school is avail- tled to— section (a) into the global intellectual prop- able’’ and inserting ‘‘subject to the approval ‘‘(A) written notice stating the specific erty system. of the head of the agency involved’’; reasons for the proposed suspension; (d) FUNDING.—Of the amount authorized to (2) by striking subparagraph (B) and insert- ‘‘(B) a reasonable time to respond orally be appropriated for other educational and ing the following: and in writing to the proposed suspension; cultural exchange programs by section ‘‘(B) The travel expenses of dependents of ‘‘(C) representation by an attorney or 1102(a)(1)(B), $5,000,000 may be available in an employee to and from a secondary, post- other representative; and fiscal year 2004 for the program authorized secondary, or post-baccalaureate educational ‘‘(D) a final written decision, including the by subsection (a). institution, not to exceed 1 annual trip each specific reasons for such decision, as soon as TITLE XIII—ORGANIZATION AND PER- way for each dependent, except that an al- practicable. SONNEL OF THE DEPARTMENT OF lowance payment under subparagraph (A) of ‘‘(3) Any member suspended under this sec- STATE this paragraph may not be made for a de- tion may file a grievance in accordance with SEC. 1301. FELLOWSHIP OF HOPE PROGRAM. pendent during the 12 months following the the procedures applicable to grievances (a) FELLOWSHIP AUTHORIZED.—Chapter 5 of arrival of the dependent at the selected edu- under chapter 11 of this title. title I of the Foreign Service Act of 1980 (22 cational institution under authority con- ‘‘(4) In the case of a grievance filed under U.S.C. 3981 et seq.) is amended by adding at tained in this subparagraph.’’; and paragraph (3), the review by the Foreign the end the following new section: (3) by adding at the end the following new Service Grievance Board— ‘‘SEC. 506. FELLOWSHIP OF HOPE.—(a) The subparagraph: ‘‘(A) shall be limited to a determination of Secretary is authorized to establish the Fel- ‘‘(D) Allowances provided pursuant to sub- whether the reasonable cause requirement lowship of Hope Program. Under the pro- paragraphs (A) and (B) may include, at the has been fulfilled and whether there is a con- gram, the Secretary may assign a member of election of the employee, payment or reim- nection between the conduct and the effi- the Service, for not more than one year, to bursement of the costs incurred to store bag- ciency of the Foreign Service; and a position with any designated country or gage for the employee’s dependent at or in ‘‘(B) may not exercise the authority pro- designated entity that permits an employee the vicinity of the dependent’s school during vided under section 1106(8) of the Foreign to be assigned to a position with the Depart- the dependent’s annual trip between the Service Act of 1980 (22 U.S.C. 4136(8)). ment. school and the employee’s duty station, ex- ‘‘(5) In this section: ‘‘(b) The salary and benefits of a member of cept that such payment or reimbursement ‘‘(A) The term ‘reasonable time’ means— the Service shall be paid as described in sub- may not exceed the cost that the Govern- ‘‘(i) with respect to a member of the For- section (b) of section 503 during a period in ment would incur to transport the baggage eign Service assigned to duty in the United which such member is participating in the with the dependent in connection with the States, 15 days after receiving notice of the Fellowship of Hope Program. The salary and annual trip, and such payment or reimburse- proposed suspension; and benefits of an employee of a designated coun- ment shall be in lieu of transportation of the ‘‘(ii) with respect to a member of the For- try or designated entity participating in baggage.’’. eign Service assigned to duty outside the

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.021 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13269 United States, 30 days after receiving notice United States Code, and section 5536 of title the Secretary shall submit to the appro- of the proposed suspension. 5, United States Code— priate congressional committees a report as- ‘‘(B) The term ‘suspend’ or ‘suspension’ ‘‘(1) make available to the Permanent Rep- sessing the progress made to implement the means the placing of a member of the For- resentative of the United States to the recommendations set out in the Report of eign Service, for disciplinary reasons, in a United Nations and the Deputy Permanent the Panel on United Nations Peace Oper- temporary status without duties.’’. Representative of the United States to the ations, transmitted from the Secretary Gen- (b) CONFORMING AND CLERICAL AMEND- United Nations— eral of the United Nations to the President MENTS.— ‘‘(A) living quarters leased or rented by the of the General Assembly and the President of (1) AMENDMENT OF SECTION HEADING.—Such United States for a period that does not ex- the Security Council on August 21, 2000 (‘‘Re- section, as amended by subsection (a), is fur- ceed 10 years; and port’’). ther amended by inserting ‘‘; suspension’’ be- ‘‘(B) allowances for unusual expenses inci- (b) CONTENT.—The report required by sub- fore the period at the end. dent to the operation and maintenance of section (a) shall include— (2) CLERICAL AMENDMENT.—The item relat- such living quarters that are similar to ex- (1) an assessment of the United Nations ing to such section in the table of contents penses authorized to be funded by section progress toward implementing the rec- in section 2 of such Act is amended to read 5913 of title 5, United States Code; ommendations set out in the Report; as follows: ‘‘(2) make available living quarters in New (2) a description of the progress made to- ‘‘Sec. 610. Separation for cause; suspension.’’. York leased or rented by the United States ward strengthening the capability of the SEC. 1307. CLAIMS FOR LOST PAY. for a period of not more than 10 years to— United Nations to deploy a civilian police Section 2 of the State Department Basic ‘‘(A) not more than 40 members of the For- force and rule of law teams on an emergency Authorities Act of 1956 (22 U.S.C. 2669) is eign Service assigned to the United States basis at the request of the United Nations amended by adding at the end the following: Mission to the United Nations or other Security Council; and ‘‘(o) make administrative corrections or United States representatives to the United (3) a description of the policies, programs, adjustments to an employee’s pay, allow- Nations; and and strategies of the United States Govern- ances, or differentials, resulting from mis- ‘‘(B) not more than 2 employees who serve ment that support the implementation of the takes or retroactive personnel actions, as at the pleasure of the Permanent Represent- recommendations set out in the Report, es- well as provide back pay and other cat- ative of the United States to the United Na- pecially in the areas of civilian police and egories of payments under section 5596 of tions; and rule of law. title 5, United States Code, as part of the ‘‘(3) provide an allowance, as the Secretary SEC. 1403. MEMBERSHIP ON UNITED NATIONS settlement or compromise of administrative considers appropriate, to each Delegate and COUNCILS AND COMMISSIONS. claims or grievances filed against the De- Alternate Delegate of the United States to (a) IN GENERAL.—Section 408 of the Depart- partment.’’. any session of the General Assembly of the ment of State Authorization Act, Fiscal SEC. 1308. REPEAL OF REQUIREMENT FOR RE- United Nations who is not a permanent Year 2003 (division A of Public Law 107–228; CERTIFICATION PROCESS FOR MEM- member of the staff of the United States 116 Stat. 1391; 22 U.S.C. 287 note) is amend- BERS OF THE SENIOR FOREIGN Mission to the United Nations, in order to ed— SERVICE. compensate each such Delegate or Alternate (1) by striking ‘‘and’’ at the end of para- Section 305(d) of the Foreign Service Act of Delegate for necessary housing and subsist- graph (2); 1980 (22 U.S.C. 3945(d)) is repealed. ence expenses with respect to attending any (2) by striking paragraph (3) and inserting SEC. 1309. DEADLINE FOR ISSUANCE OF REGULA- such session. the following: TIONS REGARDING RETIREMENT ‘‘(b) The Secretary may not make avail- ‘‘(3) to prevent membership on the United CREDIT FOR GOVERNMENT SERVICE able living quarters or allowances under sub- Nations Commission on Human Rights or the PERFORMED ABROAD. section (a) to an employee who is occupying United Nations Security Council by— Section 321(f) of the Foreign Relations Au- living quarters that are owned by such em- ‘‘(A) any member nation the government of thorization Act, Fiscal Year 2003 (Public Law ployee. which, in the judgment of the Secretary, 107–228; 116 Stat. 1383; 5 U.S.C. 8411 note) is ‘‘(c) Living quarters and allowances pro- based on the Department’s Annual Country amended by inserting ‘‘, not later than 60 vided under subsection (a) shall be consid- Reports on Human Rights and the Annual days after the date of the enactment of the ered for all purposes as authorized— Report on International Report on Religious Foreign Relations Authorization Act, Fiscal ‘‘(1) by chapter 9 of title I of the Foreign Freedom, consistently violates internation- Year 2004,’’ after ‘‘regulations’’. Service Act of 1980; and ally recognized human rights or has engaged SEC. 1310. SEPARATION OF LOWEST RANKED ‘‘(2) by section 5913 of title 5, United States in or tolerated particularly severe violations FOREIGN SERVICE MEMBERS. Code. of religious freedom in that country; or Section 2311(b)(1) of the Foreign Relations ‘‘(d) The Inspector General for the Depart- ‘‘(B) any member nation the government of Authorization Act, Fiscal Years 1998 and 1999 ment of State and the Broadcasting Board of which, as determined by the Secretary— (subdivision B of division G of the Omnibus Governors shall periodically review the ad- ‘‘(i) is a sponsor of terrorism; or Consolidated and Emergency Supplemental ministration of this section with a view to ‘‘(ii) is the subject of United Nations sanc- Appropriations Act, 1999 (Public Law 105–277; achieving cost savings and developing appro- tions; and’’; and 112 Stat. 2681–826; 22 U.S.C. 4010 note)) is priate recommendations to make to the Sec- (3) by adding at the end the following new amended— retary of State regarding the administration paragraph: (1) by striking ‘‘Not later than 90 days of this section.’’. ‘‘(4) to advocate that the government of after the date of enactment of this Act, the’’ SEC. 1313. CLARIFICATION OF FOREIGN SERVICE any member nation that the Secretary deter- and inserting ‘‘The’’; GRIEVANCE BOARD PROCEDURES. mines is a sponsor of terrorism or is the sub- (2) by striking ‘‘5 percent’’ and inserting ‘‘2 Section 1106(8) of the Foreign Service Act ject of United Nations sanctions is not elect- percent’’; and of 1980 (22 U.S.C. 4136(8)) is amended in the ed to a leadership position in the United Na- (3) by striking ‘‘for 2 or more of the 5 years first sentence— tions General Assembly, the United Nations preceding the date of enactment of this Act’’ (1) by inserting ‘‘the involuntary separa- Commission on Human Rights, the United and inserting ‘‘at least twice in any 5-year tion of the grievant (other than an involun- Nations Security Council, or any other enti- period’’. tary separation for cause under section ty of the United Nations.’’. SEC. 1311. DISCLOSURE REQUIREMENTS APPLI- 610(a)),’’ after ‘‘considering’’; and (b) CONFORMING AMENDMENT.—The heading CABLE TO PROPOSED RECIPIENTS (2) by striking ‘‘the grievant or’’ and in- of section 408 is amended to read as follows: OF THE PERSONAL RANK OF AMBAS- serting ‘‘the grievant, or’’. SADOR OR MINISTER. ‘‘SEC. 408. MEMBERSHIP ON UNITED NATIONS Section 302(a)(2)(B)(ii)(IV) of the Foreign TITLE XIV—INTERNATIONAL COMMISSIONS AND COUNCILS AND ORGANIZATIONS THE INTERNATIONAL NARCOTICS Service Act of 1980 (22 U.S.C. CONTROL BOARD.’’. 3942(a)(2)(B)(ii)(IV)) is amended by inserting SEC. 1401. LIMITATION ON THE UNITED STATES TITLE XV—DESIGNATION OF FOREIGN before the period at the end the following: ‘‘, SHARE OF ASSESSMENTS FOR TERRORIST ORGANIZATIONS including information that is required to be UNITED NATIONS PEACEKEEPING. disclosed on the Standard Form 278, or any Section 404(b)(2)(B) of the Foreign Rela- SEC. 1501. DESIGNATION OF FOREIGN TER- successor financial disclosure report’’. tions Authorization Act, Fiscal Years 1994 RORIST ORGANIZATIONS. and 1995 (Public Law 103–236; 22 U.S.C. 287e ERIOD OF ESIGNATION SEC. 1312. PROVISION OF LIVING QUARTERS AND (a) P D .—Section ALLOWANCES TO THE UNITED note) is amended by striking clause (iv) and 219(a)(4) of the Immigration and Nationality STATES REPRESENTATIVES TO THE inserting the following: Act (8 U.S.C. 1189(a)(4)) is amended— UNITED NATIONS. ‘‘(iv) For assessments made during cal- (1) in subparagraph (A)— Section 9 of the United Nations Participa- endar year 2004, 27.1 percent. (A) by striking ‘‘Subject to paragraphs (5) tion Act of 1945 (22 U.S.C. 287e–1) is amended ‘‘(v) For assessments made during calendar and (6), a’’ and inserting ‘‘A’’; and to read as follows: year 2005, 27.1 percent.’’. (B) by striking ‘‘for a period of 2 years be- ‘‘SEC. 9. (a) The Secretary of State may, SEC. 1402. REPORT TO CONGRESS ON IMPLEMEN- ginning on the effective date of the designa- under such regulations as the Secretary TATION OF THE BRAHIMI REPORT. tion under paragraph (2)(B)’’ and inserting shall prescribe, and notwithstanding sub- (a) REQUIREMENT.—Not later than 120 days ‘‘until revoked under paragraph (5) or (6) or sections (a) and (b) of section 3324 of title 31, after the date of the enactment of this Act, set aside pursuant to subsection (c)’’;

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.021 S27PT1 S13270 CONGRESSIONAL RECORD — SENATE October 27, 2003 (2) by striking subparagraph (B) and insert- the Secretary finds that the organization has TITLE XVI—STRENGTHENING OUTREACH ing the following: changed its name, adopted a new alias, dis- TO THE ISLAMIC WORLD ‘‘(B) REVIEW OF DESIGNATION UPON PETI- solved and then reconstituted itself under a Subtitle A—Public Diplomacy TION.— different name or names, or merged with an- ‘‘(i) IN GENERAL.—The Secretary shall re- other organization. SEC. 1601. PLANS, REPORTS, AND BUDGET DOCU- MENTS. view the designation of a foreign terrorist ‘‘(2) PROCEDURE.—Amendments made to a organization under the procedures set forth designation in accordance with paragraph (1) (a) REQUIREMENTS UNDER THE UNITED in clauses (iii) and (iv) if the designated or- shall be effective upon publication in the STATES INFORMATION AND EDUCATIONAL EX- ganization files a petition for revocation Federal Register. Subparagraphs (B) and (C) CHANGE ACT OF 1948.— within the petition period described in of subsection (a)(2) shall apply to an amend- (1) REQUIREMENTS.—Section 502 of the clause (ii). ed designation upon such publication. Para- United States Information and Educational ‘‘(ii) PETITION PERIOD.—For purposes of graphs (2)(A)(i), (4), (5), (6), (7), and (8) of sub- Exchange Act of 1948 (22 U.S.C. 1462) is clause (i)— section (a) shall also apply to an amended amended to read as follows: ‘‘(I) if the designated organization has not designation. ‘‘SEC. 502. (a) INTERNATIONAL INFORMATION previously filed a petition for revocation ‘‘(3) ADMINISTRATIVE RECORD.—The admin- STRATEGY.—The President shall develop and under this subparagraph, the petition period istrative record shall be corrected to include report to the Committee on Foreign Rela- begins 2 years after the date on which the the amendments as well as any additional tions of the Senate and the Committee on designation was made; or relevant information that supports those International Relations of the House of Rep- ‘‘(II) if the designated organization has amendments. resentatives an international information previously filed a petition for revocation ‘‘(4) CLASSIFIED INFORMATION.—The Sec- strategy. The international information under this subparagraph, the petition period retary may consider classified information strategy shall consist of public information begins 2 years after the date of the deter- in amending a designation in accordance plans designed for major regions of the mination made under clause (iv) on that pe- with this subsection. Classified information world, including a focus on regions with sig- tition. shall not be subject to disclosure for such nificant Muslim populations. ‘‘(iii) PROCEDURES.—Any foreign terrorist time as it remains classified, except that ‘‘(b) NATIONAL SECURITY STRATEGY.—In the organization that submits a petition for rev- such information may be disclosed to a court preparation of the annual report required by ocation under this subparagraph must pro- ex parte and in camera for purposes of judi- section 108 of the National Security Act of vide evidence in that petition that the rel- cial review under subsection (c).’’. 1947 (50 U.S.C. 404a), the President shall en- evant circumstances described in paragraph sure that the report includes a comprehen- (1) have changed in such a manner as to war- (c) TECHNICAL AND CONFORMING AMEND- sive discussion of how public diplomacy ac- rant revocation with respect to the organiza- MENTS.—Section 219 of the Immigration and tivities are integrated into the national se- tion. Nationality Act (8 U.S.C. 1189) is amended— curity strategy of the United States, and ‘‘(iv) DETERMINATION.— (1) in subsection (a)— how such activities are designed to advance ‘‘(I) IN GENERAL.—Not later than 180 days (A) in paragraph (3)(B), by striking ‘‘sub- the goals and objectives identified in the re- after receiving a petition for revocation subsection (b)’’ and inserting ‘‘subsection (c)’’; port pursuant to section 108(b)(1) of that Act. (B) in paragraph (6)(A)— mitted under this subparagraph, the Sec- ‘‘(c) PLANS REGARDING DEPARTMENT AC- (i) in the matter preceding clause (i), by retary shall make a determination as to such TIVITIES.— striking ‘‘or a redesignation made under revocation. ‘‘(1) STRATEGIC PLAN.—In the updated and ‘‘(II) CLASSIFIED INFORMATION.—The Sec- paragraph (4)(B)’’ and inserting ‘‘at any revised strategic plan for program activities retary may consider classified information time, and shall revoke a designation upon of the Department required to be submitted in making a determination in response to a completion of a review conducted pursuant under section 306 of title 5, United States petition for revocation. Classified informa- to subparagraphs (B) and (C) of paragraph Code, the Secretary shall identify how public tion shall not be subject to disclosure for (4)’’; and diplomacy activities of the Department are such time as it remains classified, except (ii) in clause (i), by striking ‘‘or redesigna- designed to advance each strategic goal iden- that such information may be disclosed to a tion’’; tified in the plan. court ex parte and in camera for purposes of (C) in paragraph (7), by striking ‘‘, or the ‘‘(2) ANNUAL PERFORMANCE PLAN.—The Sec- judicial review under subsection (c). revocation of a redesignation under para- retary shall ensure that each annual per- ‘‘(III) PUBLICATION OF DETERMINATION.—A graph (6),’’; and formance plan for the Department required determination made by the Secretary under (D) in paragraph (8)— by section 1115 of title 31, United States this clause shall be published in the Federal (i) by striking ‘‘, or if a redesignation Code, includes a detailed discussion of public Register. under this subsection has become effective diplomacy activities of the Department. ‘‘(IV) PROCEDURES.—Any revocation by the under paragraph (4)(B),’’; and ‘‘(3) BUREAU AND MISSION PERFORMANCE Secretary shall be made in accordance with (ii) by striking ‘‘or redesignation’’; and PLAN.—The Secretary shall ensure that each paragraph (6).’’; and (2) in subsection (c), as so redesignated— regional bureau’s performance plan, and (3) by adding at the end the following: (A) in paragraph (1), by striking ‘‘of the other bureau performance plans as appro- ‘‘(C) OTHER REVIEW OF DESIGNATION.— designation in the Federal Register,’’ and all priate, and each mission performance plan, ‘‘(i) IN GENERAL.—If in a 4-year period no that follows through ‘‘review of the designa- under regulations of the Department, in- review has taken place under subparagraph tion’’ and inserting ‘‘in the Federal Register cludes a public diplomacy component.’’. (B), the Secretary shall review the designa- of a designation, an amended designation, or (2) CONFORMING AMENDMENT.—The heading tion of the foreign terrorist organization in a determination in response to a petition for for such section is amended to read as fol- order to determine whether such designation revocation, the designated organization may lows: should be revoked pursuant to paragraph (6). seek judicial review’’; Such review shall be completed not later (B) in paragraph (2), by inserting ‘‘, amend- ‘‘PLANS, REPORTS, AND BUDGET DOCUMENTS’’ than 180 days after the end of such 4-year pe- ed designation, or determination in response (b) DEADLINE FOR REPORTING INTER- riod. to a petition for revocation’’ after ‘‘designa- NATIONAL INFORMATION STRATEGY.—Not later ‘‘(ii) PROCEDURES.—If a review does not tion’’; than 180 days after the date of the enactment take place pursuant to subparagraph (B) in (C) in paragraph (3), by inserting ‘‘, amend- of this Act, the President shall report to the response to a petition for revocation that is ed designation, or determination in response appropriate congressional committees the filed in accordance with that subparagraph, to a petition for revocation’’ after ‘‘designa- international information strategy described then the review shall be conducted pursuant tion’’; and in subsection (a) of section 502 of the United to procedures established by the Secretary. (D) in paragraph (4), by inserting ‘‘, amend- States Information and Educational Ex- The results of such review and the applicable ed designation, or determination in response change Act of 1948 (22 U.S.C. 1462), as amend- procedures shall not be reviewable in any to a petition for revocation’’ after ‘‘designa- ed by subsection (a). court. tion’’ each place that term appears. SEC. 1602. TRAINING. ‘‘(iii) PUBLICATION OF RESULTS OF REVIEW.— (d) SAVINGS PROVISION.—For purposes of (a) IN GENERAL.—Chapter 7 of title I of the The Secretary shall publish any determina- applying section 219 of the Immigration and Foreign Service Act of 1980 (22 U.S.C. 4021 et tion made pursuant to this subparagraph in Nationality Act on or after the date of en- seq.) is amended by adding at the end the fol- the Federal Register.’’. actment of this Act, the term ‘‘designation’’, lowing new section: (b) ALIASES.—Section 219 of the Immigra- tion and Nationality Act (8 U.S.C. 1189) is as used in that section, includes all redes- ‘‘SEC. 709. PUBLIC DIPLOMACY TRAINING. amended— ignations made pursuant to section ‘‘The Secretary shall ensure that public di- (1) by redesignating subsections (b) and (c) 219(a)(4)(B) of the Immigration and Nation- plomacy is an important component of train- as subsections (c) and (d), respectively; and ality Act (8 U.S.C. 1189(a)(4)(B)) prior to the ing at all levels of the Foreign Service.’’. (2) by inserting after subsection (a) the fol- date of enactment of this Act, and such re- (b) JUNIOR OFFICER TRAINING.—Section lowing new subsection (b): designations shall continue to be effective 703(b) of the Foreign Service Act of 1980 (22 ‘‘(b) AMENDMENTS TO A DESIGNATION.— until revoked as provided in paragraph (5) or U.S.C. 4023(b)) is amended in the first sen- ‘‘(1) IN GENERAL.—The Secretary may (6) of section 219(a) of the Immigration and tence by inserting ‘‘public diplomacy,’’ be- amend a designation under this subsection if Nationality Act (8 U.S.C. 1189(a)). fore ‘‘consular’’.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.021 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13271

(c) AMENDMENT TO TABLE OF CONTENTS.— eracy. The program may include training in (2) live with an American host family; and The table of contents in section 2 of the For- the library sciences. (3) participate in activities designed to eign Service Act of 1980 is amended by in- (5) INTERNATIONAL VISITORS PROGRAM.—The promote a greater understanding of Amer- serting at the end of items relating to chap- Secretary is authorized to expand the num- ican and Islamic values and culture. ter 7 the following new item: ber of participants in the International Visi- (b) ELIGIBILITY CRITERIA FOR STUDENTS.—A ‘‘Sec. 709. Public Diplomacy Training.’’. tors Program from eligible countries. student is eligible to participate in the pro- SEC. 1603. REPORT ON FOREIGN LANGUAGE (6) YOUTH AMBASSADORS.—The Secretary is gram authorized under subsection (a) if the BRIEFINGS. authorized to establish a program for visits student— Not later than 90 days after the date of en- by middle and secondary school students to (1) is from an eligible country; actment of this Act, the Secretary shall sub- the United States during school holidays in (2) is at least 15 years of age but not more mit a report to the appropriate congressional their home country for periods not to exceed than 18 years and 6 months of age at the committees containing an evaluation of the 4 weeks. Participating students shall reflect time of enrollment in the program; feasibility of conducting regular, televised the economic and geographic diversity of (3) is enrolled in a secondary school in an briefings by personnel of the Department of their countries. Activities shall include cul- eligible country; State about United States foreign policy in tural and educational activities designed to (4) has completed not more than 11 years of major foreign languages, including Arabic, familiarize participating students with primary and secondary education, exclusive Farsi, Chinese, French, and Spanish. American society and values. of kindergarten; Subtitle B—Strengthening United States Edu- (7) EDUCATIONAL REFORM.—The Secretary is (5) demonstrates maturity, good character, cational and Cultural Exchange Programs authorized to enhance programs that seek to and scholastic aptitude, and has the pro- improve the quality of primary and sec- SEC. 1611. DEFINITIONS. ficiency in the English language necessary to In this subtitle: ondary school systems in eligible countries participate in the program; and promote civic education, to foster under- (1) ELIGIBLE COUNTRY.—The term ‘‘eligible (6) has not previously participated in an country’’ means a country or entity in Afri- standing of the United States, and through exchange program in the United States spon- ca, the Middle East, South Asia, or South- teachers exchanges, teacher training, text- sored by the United States Government; and east Asia that— book modernization, and other efforts. (7) is not inadmissible under the Immigra- (A) has a significant Muslim population; (8) PROMOTION OF RELIGIOUS FREEDOM.—The tion and Nationality Act or any other law re- and Secretary is authorized to establish a pro- lated to immigration and nationality. (B) is designated by the Secretary as an el- gram to promote dialogue and exchange (c) PROGRAM REQUIREMENTS.—The program igible country. among leaders and scholars of all faiths from authorized by subsection (a) shall satisfy the the United States and eligible countries. (2) SECONDARY SCHOOL.—The term ‘‘sec- following requirements: ondary school’’ means a school that serves (9) BRIDGING THE DIGITAL DIVIDE.—The Sec- (1) COMPLIANCE WITH ‘‘J’’ VISA REQUIRE- students in any of grades 9 through 12 or retary is authorized to establish a program MENTS.—Participants in the program shall equivalent grades in a foreign education sys- to help foster access to information tech- satisfy all requirements applicable to the ad- tem, as determined by the Secretary, in con- nology among underserved populations and mission of nonimmigrant aliens described in sultation with the Secretary of Education. civil society groups in eligible countries. section 101(a)(15)(J) of the Immigration and (10) SPORTS DIPLOMACY.—The Secretary is (3) UNITED STATES ENTITY.—The term Nationality Act (8 U.S.C. 1101(a)(15)(J)). The ‘‘United States entity’’ means an entity that authorized to expand efforts to promote program shall be considered a designated ex- is organized under laws of a State, the Dis- United States public diplomacy interests in change visitor program for purposes of the trict of Columbia, the Commonwealth of eligible countries and elsewhere through application of section 641 of the Illegal Im- Puerto Rico, Guam, the United States Virgin sports diplomacy. Initiatives under this pro- migration Reform and Immigrant Responsi- Islands, the Commonwealth of the Northern gram may include— bility Act of 1996 (8 U.S.C. 1372). Mariana Islands, or American Samoa. (A) bilateral exchanges to train athletes or (2) BROAD PARTICIPATION.—Whenever appro- teams; (4) UNITED STATES SPONSORING ORGANIZA- priate, special provisions shall be made to (B) bilateral exchanges to assist countries TION.—The term ‘‘United States sponsoring ensure the broadest possible participation in organization’’ means a nongovernmental or- in establishing or improving their sports, the program, particularly among females ganization based in the United States and health, or physical education programs; and less advantaged citizens of eligible coun- controlled by a citizen of the United States (C) providing assistance to athletic gov- tries. or a United States entity that is designated erning bodies in the United States to support (3) REGULAR REPORTING TO THE SEC- by the Secretary, pursuant to regulations, to efforts of such organizations to foster co- RETARY.—Each United States sponsoring or- carry out a program authorized by section operation with counterpart organizations ganization shall report regularly to the Sec- 1612. abroad; and retary information about the progress made (D) utilizing United States professional SEC. 1612. EXPANSION OF EDUCATIONAL AND by the organization in implementation of the CULTURAL EXCHANGES. athletes and other well-known United States program. sports personalities in support of public di- (a) STATEMENT OF POLICY.—The purpose of SEC. 1614. AUTHORIZATION OF APPROPRIATIONS. plomacy goals and activities. this section is to provide for the expansion of Of the amounts authorized to be appro- international educational and cultural ex- (11) COLLEGE SCHOLARSHIPS.— (A) IN GENERAL.—The Secretary is author- priated for educational and cultural exchange programs with eligible countries. change programs under section 1102(a)(1), (b) SPECIFIC PROGRAMS.—In carrying out ized to establish a program to offer scholarships to permit an individual to attend an el- there is authorized to be made available to the purpose of this section, the Secretary is the Department $30,000,000 for the fiscal year authorized to conduct or initiate the fol- igible college or university if such individual— 2004 to carry out programs authorized by this lowing programs in eligible countries: subtitle. (1) FULBRIGHT EXCHANGE PROGRAM.—The (i) has graduated from secondary school; Secretary is authorized to substantially in- and Subtitle C—Fellowship Program (ii) is a citizen or resident of an eligible crease the number of awards under the J. SEC. 1621. SHORT TITLE. country. William Fulbright Educational Exchange This subtitle may be cited as the ‘‘Edward (B) ELIGIBLE COLLEGE OR UNIVERSITY DE- Program. The Secretary shall take all appro- R. Murrow Fellowship Act’’. priate steps to increase support for such pro- FINED.—In this paragraph the term ‘‘eligible gram in eligible countries in order to en- college or university’’ means a college or SEC. 1622. FELLOWSHIP PROGRAM. hance academic and scholarly exchanges university that— (a) ESTABLISHMENT.—There is established a with those countries. (i) is primarily located in an eligible coun- fellowship program under which the Broad- (2) HUBERT H. HUMPHREY FELLOWSHIPS.— try; casting Board of Governors may provide fel- The Secretary is authorized to substantially (ii) is organized under laws of the United lowships to foreign national journalists increase the number of Hubert H. Humphrey States, a State, or the District of Columbia; while they serve, for a period not to exceed Fellowships awarded to candidates from eli- (iii) is accredited by an accrediting agency 6 months, in positions at the Voice of Amer- gible countries. recognized by the Secretary of Education; ica, RFE/RL, Incorporated, or Radio Free (3) SISTER INSTITUTIONS PROGRAMS.—The and Asia. Secretary is authorized to encourage the es- (iv) is not controlled by the government of (b) DESIGNATION OF FELLOWSHIPS.—Fellow- tablishment of ‘‘sister institution’’ programs an eligible country. ships under this subtitle shall be known as between United States and foreign institu- SEC. 1613. SECONDARY EXCHANGE PROGRAM. ‘‘Edward R. Murrow Fellowships’’. tions (including cities and municipalities) in (a) IN GENERAL.—The Secretary is author- (c) PURPOSE OF THE FELLOWSHIPS.—Fellow- eligible countries, in order to enhance mu- ized to establish an international exchange ships under this subtitle shall be provided in tual understanding at the community level. visitor program, modeled on the Future order to allow each recipient (in this subtitle (4) LIBRARY TRAINING EXCHANGES.—The Leaders Exchange Program, under which eli- referred to as a ‘‘Fellow’’) to serve on a Secretary is authorized to develop a dem- gible secondary school students from eligible short-term basis at the Voice of America, onstration program to assist governments in countries would— RFE/RL, Incorporated, or Radio Free Asia in eligible countries to establish or upgrade (1) attend public secondary school in the order to obtain direct exposure to the oper- their public library systems to improve lit- United States; ations of professional journalists.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.021 S27PT1 S13272 CONGRESSIONAL RECORD — SENATE October 27, 2003

SEC. 1623. FELLOWSHIPS. ‘‘(iv) AUTHORITY TO CANCEL CERTAIN DES- TITLE XVIII—MISCELLANEOUS (a) LIMITATION.—Not more than 20 fellow- IGNATIONS.—The Secretary of State may, at PROVISIONS ships may be provided under this subtitle the Secretary of State’s sole and SEC. 1801. REPEAL OF REQUIREMENT FOR SEMI- each fiscal year. unreviewable discretion, at any time, cancel ANNUAL REPORT ON EXTRADITION (b) REMUNERATION.—The Board shall deter- a designation made pursuant to clause OF NARCOTICS TRAFFICKERS. mine the amount of remuneration a Fellow (ii)(III). Section 3203 of the Emergency Supple- will receive for service under this subtitle. In ‘‘(v) IDENTIFICATION OF ALIENS SUPPORTING mental Act, 2000 (division B of Public Law making the determination, the Board shall ABDUCTORS AND RELATIVES OF ABDUCTORS.—In 106–246; 114 Stat. 575) is repealed. take into consideration the position in which all instances in which the Secretary of State SEC. 1802. TECHNICAL AMENDMENTS TO THE each Fellow will serve, the Fellow’s experi- knows that an alien has committed an act UNITED STATES INTERNATIONAL ence and expertise, and other sources of described in clause (i), the Secretary of State BROADCASTING ACT OF 1994. funds available to the Fellow. shall take appropriate action to identify the Section 304(c) of the United States Inter- OUSING AND TRANSPORTATION.—The (c) H individuals who are potentially inadmissible national Broadcasting Act of 1994 (22 U.S.C. Broadcasting Board of Governors shall, pur- under clause (ii). 6203(c)) is amended— suant to regulations— (1) in the first sentence, by striking ‘‘Di- ‘‘(vi) ENTRY OF ABDUCTORS AND OTHER INAD- (1) provide housing for each Fellow while rector’s’’ and inserting ‘‘Secretary’s’’; and MISSIBLE PERSONS IN CONSULAR LOOKOUT AND the Fellow is serving abroad, including hous- (2) in the last sentence, by striking ‘‘Direc- SUPPORT SYSTEM.—In all instances in which ing for family members if appropriate; and the Secretary of State knows that an alien tor’’ and inserting ‘‘Secretary’’. (2) pay the costs and expenses incurred by has committed an act described in clause (i), SEC. 1803. FOREIGN LANGUAGE BROADCASTING. each Fellow for travel between the journal- the Secretary of State shall take appropriate (a) IN GENERAL.—During the 1-year period ist’s country of nationality or last habitual action to cause the entry into the Consular following the date of enactment of this Act, residence and the offices of the Voice of Lookout and Support System of the name or the Broadcasting Board of Governors may America, RFE/RL, Incorporated, or Radio names of, and identifying information about, not eliminate foreign language broadcasting Free Asia and the country in which the Fel- such individual and of any persons identified in any of the following languages: Bulgarian, low serves, including (where appropriate) for pursuant to clause (v) as potentially inad- Czech, Estonian, Hungarian, Latvian, Lith- travel of family members. missible under clause (ii). uanian, Polish, Slovene, Slovak, Romanian, SEC. 1624. ADMINISTRATIVE PROVISIONS. Croatian, Armenian, and Ukrainian. ‘‘(vii) DEFINITIONS.—In this subparagraph: (a) DETERMINATIONS.—The Broadcasting (b) REPORT.—Not later than 6 months after ‘‘(I) CHILD.—The term ‘child’ means a per- the date of the enactment of this Act, the Board of Governors shall determine which of son under 21 years of age regardless of mar- the individuals selected by the Board will Secretary shall report to the appropriate ital status. serve at Voice of America, RFE/RL, Incor- congressional committees on the state of ‘‘(II) SIBLING.—The term ‘sibling’ includes porated, or Radio Free Asia and the position democratic governance and freedom of the step-siblings and half-siblings.’’. in which each will serve. press in the following countries: Bulgaria, (b) AUTHORITIES.—Fellows may be em- (c) ANNUAL REPORT.— Czech Republic, Estonia, Hungary, Latvia, ployed— (1) IN GENERAL.—Not later than 180 days Lithuania, Poland, Slovenia, Slovakia, Ro- (1) under a temporary appointment in the after the date of enactment of this Act, and mania, Croatia, Armenia, and Ukraine. Civil Service; each February 1 thereafter for 4 years, the (c) SENSE OF CONGRESS.—It is the sense of (2) under a limited appointment in the For- Secretary shall submit to the Committee on Congress that providing surrogate broad- eign Service; or International Relations and the Committee casting in countries that have a stable, (3) by contract under the provisions of sec- on the Judiciary of the House of Representa- democratic government and a vibrant, inde- tion 2(c) of the State Department Basic Au- tives, and the Committee on Foreign Rela- pendent press with legal protections should thorities Act of 1956 (22 U.S.C. 2669(c)). tions and the Committee on the Judiciary of not be a priority of United States inter- (c) FUNDING.—Funds available to the the Senate, an annual report that describes national broadcasting efforts. Broadcasting Board of Governors shall be the operation of section 212(a)(10)(C) of the SEC. 1804. FELLOWSHIPS FOR MULTIDISCI- used for the expenses incurred in carrying Immigration and Nationality Act, as amend- PLINARY TRAINING ON NON- out this subtitle. ed by this section, during the prior calendar PROLIFERATION ISSUES. (a) FELLOWSHIPS AUTHORIZED.—In carrying TITLE XVII—INTERNATIONAL PARENTAL year to which the report pertains. out international exchange programs, the CHILD ABDUCTION PREVENTION (2) CONTENT.—Each annual report submitted in accordance with paragraph (1) Secretary shall design and implement a pro- SEC. 1701. SHORT TITLE. gram to encourage eligible students to study This title may be cited as the ‘‘Inter- shall specify, to the extent that corresponding data is reasonably available, the at an accredited United States institution of national Parental Child Abduction Preven- higher education in an appropriate graduate tion Act of 2003’’. following: (A) The number of cases known to the Sec- program. SEC. 1702. INADMISSIBILITY OF ALIENS SUP- (b) ELIGIBLE STUDENT DEFINED.—In this retary of State, disaggregated according to PORTING INTERNATIONAL CHILD section, the term ‘‘eligible student’’ means a the nationality of the aliens concerned, in ABDUCTORS AND RELATIVES OF citizen of a foreign country who— SUCH ABDUCTORS. which a visa was denied to an applicant on (1) has completed undergraduate edu- (a) IN GENERAL.—Section 212(a)(10)(C)(ii) of the basis of the inadmissibility of the application; and the Immigration and Nationality Act (8 cant under section 212(a)(10)(C) of the Immi- (2) is qualified (as determined by the Sec- U.S.C. 1182(a)(10)(C)(ii)) is amended by strik- gration and Nationality Act (as so amended) retary). ing subclause (III) and inserting the fol- during the reporting period. (c) APPROPRIATE GRADUATE PROGRAM DE- lowing: (B) The cumulative total number of cases FINED.—In this section, the term ‘‘appro- ‘‘(III) is a spouse (other than a spouse who known to the Secretary of State, priate graduate program’’ means a graduate is the parent of the abducted child), son or disaggregated according to the nationality of level program that provides for the multi- daughter (other than the abducted child), the aliens concerned, in which a visa was de- disciplinary study of issues relating to weap- grandson or granddaughter (other than the nied to an applicant on the basis of the inad- ons nonproliferation and includes training abducted child), parent, grandparent, sibling, missibility of the applicant under section in— cousin, uncle, aunt, nephew, or niece of an 212(a)(10)(C) of the Immigration and Nation- (1) diplomacy; alien described in clause (i), or is a spouse of ality Act (as so amended) since the begin- (2) arms control; the abducted child described in clause (i), if ning of the first reporting period. (3) multilateral export controls; or such person has been designated by the Sec- (C) The number of cases known to the Sec- (4) threat reduction assistance. retary of State, at the Secretary of State’s retary of State, disaggregated according to (d) AVAILABILITY OF FUNDS.—Of the sole and unreviewable discretion, the nationality of the aliens concerned, in amounts authorized to be appropriated for is inadmissible until the child described in which the name of an alien was placed in the educational and cultural exchange programs clause (i) is surrendered to the person grant- Consular Lookout and Support System on under section 1102, $2,000,000 may be avail- ed custody by the order described in that the basis of the inadmissibility of the alien able to carry out this section. clause, and such person and child are per- or potential inadmissibility under section SEC. 1805. REQUIREMENT FOR REPORT ON mitted to return to the United States or 212(a)(10)(C) of the Immigration and Nation- UNITED STATES POLICY TOWARD such person’s place of residence, or until the ality Act (as so amended) during the report- HAITI. abducted child is 21 years of age.’’. ing period. (a) FINDINGS.—Congress makes the fol- (b) AUTHORITY TO CANCEL CERTAIN DES- (D) The cumulative total number of names, lowing findings: IGNATIONS; IDENTIFICATION OF ALIENS SUP- disaggregated according to the nationality of (1) Haiti is plagued by chronic political in- PORTING ABDUCTORS AND RELATIVES OF AB- the aliens concerned, known to the Sec- stability, economic and political crises, and DUCTORS; ENTRY OF ABDUCTORS AND OTHER retary of State to appear in the Consular significant social challenges. INADMISSIBLE ALIENS IN THE CONSULAR LOOK- Lookout and Support System on the basis of (2) The United States has a political and OUT AND SUPPORT SYSTEM.—Section the inadmissibility of the alien or potential economic interest and a humanitarian and 212(a)(10)(C) of the Immigration and Nation- inadmissibility under section 212(a)(10)(C) of moral responsibility in assisting the Govern- ality Act (8 U.S.C. 1182(a)(10)(C)) is amended the Immigration and Nationality Act (as so ment and people of Haiti in resolving the by adding at the end the following: amended) at the end of the reporting period. country’s problems and challenges.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.022 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13273 (3) The situation in Haiti is increasingly (1) the term ‘‘violent crime’’ means mur- Broadcasting Network, unless its certificate cause for alarm and concern, and a sus- der, non-negligent manslaughter, forcible of incorporation provides that— tained, coherent, and active approach by the rape, robbery, or aggravated assault; and ‘‘(A) the Board of Directors of the Middle United States Government is needed to make (2) the term ‘‘national of the United East Broadcasting Network shall consist of progress toward resolving Haiti’s political States’’ has the same meaning given the the members of the Broadcasting Board of and economic crises. term in section 101(a)(22) of the Immigration Governors established under section 304 and (b) REQUIREMENT FOR REPORT.—Not later and Nationality Act (8 U.S.C. 1101(a)(22)). of no other members; and than 60 days after the date of enactment of SEC. 1807. LIMITATION ON USE OF FUNDS RELAT- ‘‘(B) such Board of Directors shall make all this Act, the Secretary, in consultation with ING TO UNITED STATES POLICY major policy determinations governing the the Secretary of the Treasury, shall submit WITH RESPECT TO JERUSALEM AS operation of the Middle East Broadcasting to the appropriate congressional committees THE CAPITAL OF ISRAEL. Network, and shall appoint and fix the com- a report that describes United States policy (a) LIMITATION ON USE OF FUNDS FOR CON- pensation of such managerial officers and toward Haiti. The report shall include the SULATE IN JERUSALEM.—None of the funds au- employees of the Middle East Broadcasting following: thorized to be appropriated by this division Network as it considers necessary to carry (1) A description of the activities carried may be expended for the operation of any out the purposes of the grant provided under out by the United States Government to re- United States consulate or diplomatic facil- this title, except that no officer or employee solve Haiti’s political crisis and to promote ity in Jerusalem that is not under the super- may be paid a salary or other compensation the holding of free and fair elections in Haiti vision of the United States Ambassador to in excess of the rate of pay payable for level at the earliest possible date. Israel. III of the Executive Schedule under section (2) A description of the activities that the (b) LIMITATION ON USE OF FUNDS FOR PUBLI- 5314 of title 5, United States Code. United States Government anticipates initi- CATIONS.—None of the funds authorized to be ‘‘(2) Any grant agreement under this sec- ating to resolve the political crisis and pro- appropriated by this division may be avail- tion shall require that any contract entered mote free and fair elections in Haiti. able for the publication of any official docu- into by the Middle East Broadcasting Net- (3) An assessment of whether Resolution ment of the United States that lists coun- work shall specify that obligations are as- 822 issued by the Permanent Council of the tries, including Israel, and their capital cit- sumed by the Middle East Broadcasting Net- Organization of American States on Sep- ies unless the publication identifies Jeru- work and not the United States Government. tember 4, 2002, is still an appropriate frame- salem as the capital of Israel. ‘‘(3) Any grant agreement shall require work for a multilateral approach to resolv- SEC. 1808. REQUIREMENT FOR ADDITIONAL RE- that any lease agreement entered into by the ing the political and economic crises in PORT CONCERNING EFFORTS TO Middle East Broadcasting Network shall be, Haiti, and of the likelihood that the Organi- PROMOTE ISRAEL’S DIPLOMATIC RE- to the maximum extent possible, assignable LATIONS WITH OTHER COUNTRIES. zation of American States will develop a new Section 215(b) of the Foreign Relations Au- to the United States Government. framework to replace Resolution 822. thorization Act, Fiscal Year 2003 (Public Law ‘‘(4) Grants awarded under this section (4) A description of the status of efforts to 107–228; 116 Stat. 1366) is amended by insert- shall be made pursuant to a grant agreement release the approximately $146,000,000 in loan ing ‘‘and again not later than 60 days after which requires that grant funds be used only funds that have been approved by the Inter- the date of the enactment of the Foreign Re- for activities consistent with this section, American Development Bank to Haiti for the lations Authorization Act, Fiscal Year 2004,’’ and that failure to comply with such require- purposes of rehabilitating rural roads, reor- after ‘‘Act,’’ in the matter preceding para- ments shall permit the grant to be termi- ganizing the health sector, improving pota- graph (1). nated without fiscal obligation to the United ble water supply and sanitation, and pro- States. viding basic education, a description of any SEC. 1809. UNITED STATES POLICY REGARDING ‘‘(5) Duplication of language services and THE RECOGNITION OF A PALES- obstacles that are delaying the release of the TINIAN STATE. technical operations between the Middle loan funds, and recommendations for over- Congress reaffirms the policy of the United East Broadcasting Network (including Radio coming such obstacles, including whether States as articulated in President George W. Sawa), RFE/RL, and the International any of the following would facilitate the re- Bush’s speech of June 24, 2002, regarding the Broadcasting Bureau will be reduced to the lease of such funds: criteria for recognizing a Palestinian state. extent appropriate, as determined by the (A) Establishing an International Mone- Congress reiterates the President’s state- Board. tary Fund staff monitoring program in Haiti. ment that the United States will not recog- ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN- (B) Obtaining bridge loans or other sources nize a Palestinian state until the Palestin- TALITY.—Nothing in this title may be con- of funding to pay the cost of any arrears ians elect new leadership that— strued to make the Middle East Broad- owed by the Government of Haiti to the (1) is not compromised by terrorism; casting Network a Federal agency or instru- Inter-American Development Bank. (2) demonstrates, over time, a firm and mentality, nor shall the officers or employ- (C) Providing technical assistance to the tangible commitment to peaceful co-exist- ees of the Middle East Broadcasting Network Government of Haiti to permit the Govern- ence with the State of Israel and an end to be deemed to be officers or employees of the ment to meet international financial trans- anti-Israel incitement; and United States Government. parency requirements. (3) takes appropriate measures to counter ‘‘(e) AUDIT AUTHORITY.— SEC. 1806. VICTIMS OF VIOLENT CRIME ABROAD. terrorism and terrorist financing in the West ‘‘(1) IN GENERAL.—Such financial trans- (a) REPORT.—Not later than 90 days after Bank and Gaza, including dismantling ter- actions of the Middle East Broadcasting Net- the date of the enactment of this Act, the rorist infrastructures, confiscating unlawful work as relate to functions carried out under Secretary shall submit a report to the appro- weaponry, and establishing a new security this section may be audited by the General priate congressional committees on services entity that cooperates fully with appropriate Accounting Office in accordance with such overseas for United States citizens or nation- Israeli security organizations. principles and procedures and under such als of the United States who are victims of SEC. 1810. MIDDLE EAST BROADCASTING NET- rules and regulations as may be prescribed violent crime abroad. The report shall in- WORK. by the Comptroller General of the United clude— (a) AUTHORITY.—The United States Inter- States. Any such audit shall be conducted at (1) a proposal for providing increased serv- national Broadcasting Act of 1994 (22 U.S.C. the place or places where accounts of the ices to victims of violent crime, including in- 6201 et seq.) is amended by inserting after Middle East Broadcasting Network are nor- formation on— section 309 the following new section: mally kept. (A) any organizational changes necessary ‘‘SEC. 310. MIDDLE EAST BROADCASTING NET- ‘‘(2) ACCESS TO RECORDS.—Representatives to provide such an increase; and WORK. of the General Accounting Office shall have (B) the personnel and budgetary resources ‘‘(a) AUTHORITY.—Grants authorized under access to all books, accounts, records, re- necessary to provide such an increase; and section 305 shall be available to make annual ports, files, papers, and property belonging (2) proposals for funding and administering grants to a Middle East Broadcasting Net- to or in use by the Middle East Broadcasting financial compensation for United States work for the purpose of carrying out radio Network pertaining to such financial trans- citizens or nationals of the United States and television broadcasting to the Middle actions as necessary to facilitate an audit. who are victims of violent crime outside the East region. Such representatives shall be afforded full United States similar to victims compensa- ‘‘(b) FUNCTION.—The Middle East Broad- facilities for verifying transactions with any tion programs under the terms of the Crime casting Network shall provide radio and tele- assets held by depositories, fiscal agents, and Victims Fund (42 U.S.C. 10601). vision programming to the Middle East re- custodians. All such books, accounts, (b) ESTABLISHMENT OF A DATABASE.—Not gion consistent with the broadcasting stand- records, reports, files, papers, and property later than 1 year after the date of the enact- ards and broadcasting principles set forth in of the Middle East Broadcasting Network ment of this Act, the Secretary shall estab- section 303 of this Act. shall remain in the custody of the Middle lish a database to maintain statistics on in- ‘‘(c) GRANT AGREEMENT.—Any grant agree- East Broadcasting Network. cidents of violent crime against United ment or grants under this section shall be ‘‘(3) INSPECTOR GENERAL.—Notwithstanding States citizens or nationals of the United subject to the following limitations and re- any other provisions of law, the Inspector States abroad that are reported to United strictions: General of the Department of State and the States missions. ‘‘(1) The Board may not make any grant to Foreign Service is authorized to exercise the (c) DEFINITIONS.—In this section— the nonprofit corporation, Middle East authorities of the Inspector General Act

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.022 S27PT1 S13274 CONGRESSIONAL RECORD — SENATE October 27, 2003 with respect to the Middle East Broadcasting of Red Cross and Red Crescent Societies has in combating climate change and the adverse Network.’’. not granted full membership to the Magen effects thereof’’, as these nations are the (b) CONFORMING AMENDMENTS.— David Adom Society, the United States largest historic and current emitters of (1) AUTHORITIES OF BOARD.—Section 305 of should continue to press for full membership greenhouse gases. The UNFCCC also stated the United States International Broad- for the Magen David Adom Society in the that ‘‘steps required to understand and ad- casting Act of 1994 (22 U.S.C. 6204), is amend- International Red Cross Movement. dress climate change will be environ- ed— SEC. 1813. SENSE OF CONGRESS ON CLIMATE mentally, socially and economically most ef- (A) in paragraph (5) of subsection (a), by CHANGE. fective if they are based on relevant sci- striking ‘‘and 309’’ and inserting ‘‘, 309, and (a) FINDINGS.—Congress makes the fol- entific, technical and economic consider- 310’’; lowing findings: ations and continually re-evaluated in the (B) in paragraph (6) of subsection (a), by (1) Evidence continues to build that in- light of new findings in these areas’’. striking ‘‘and 309’’ and inserting ‘‘, 309, and creases in atmospheric concentrations of (10) Senate Resolution 98 of the One Hun- 310’’; and man-made greenhouse gases are contributing dred Fifth Congress, which expressed that (C) in subsection (c), by striking ‘‘and 309’’ to global climate change. developing nations must also be included in and by inserting ‘‘, 309, and 310’’. (2) The Intergovernmental Panel on Cli- any future, binding climate change treaty (2) INTERNATIONAL BROADCASTING BUREAU.— mate Change (IPCC) has concluded that and such a treaty must not result in serious Section 307 of the United States Inter- ‘‘there is new and stronger evidence that harm to the United States economy, should national Broadcasting Act of 1994 (22 U.S.C. most of the warming observed over the last not cause the United States to abandon its 6206), is amended— 50 years is attributable to human activities’’ shared responsibility to help reduce the risks (A) in subsection (a), by striking ‘‘and 309’’ and that the average temperature on Earth of climate change and its impacts. Future and inserting ‘‘, 309, and 310’’; and can be expected to rise between 2.5 and 10.4 international efforts in this regard should (B) in subsection (c), by inserting ‘‘, and degrees Fahrenheit in this century. focus on recognizing the equitable respon- Middle East Broadcasting Network,’’ after (3) The National Academy of Sciences con- sibilities for addressing climate change by ‘‘Asia’’. firmed the findings of the IPCC, stating that all nations, including commitments by the (3) IMMUNITY FOR LIABILITY.—Section 304(g) ‘‘the IPCC’s conclusion that most of the ob- largest developing country emitters in a fu- of the United States International Broad- served warming of the last 50 years is likely ture, binding climate change treaty. casting Act of 1994 (22 U.S.C. 6203(g)), is to have been due to the increase of green- (11) While the United States has elected amended— house gas concentrations accurately reflects not to become a party to the Kyoto Protocol (A) by striking ‘‘and’’ after ‘‘Incor- the current thinking of the scientific com- at this time, it is the position of the United porated’’, and by inserting a comma; and munity on this issue’’ and that ‘‘there is gen- States that it will not interfere with the (B) by adding ‘‘, and Middle East Broad- eral agreement that the observed warming is plans of any nation that chooses to ratify casting Network’’ after ‘‘Asia’’. real and particularly strong within the past and implement the Kyoto Protocol to the twenty years’’. The National Academy of (4) CREDITABLE SERVICE.—Section UNFCCC. 8332(b)(11) of title 5, United States Code, is Sciences also noted that ‘‘because there is (12) American businesses need to know how considerable uncertainty in current under- amended by adding ‘‘Middle East Broad- governments worldwide will address the standing of how the climate system varies casting Network,’’ after ‘‘the Asia Founda- risks of climate change. naturally and reacts to emissions of green- tion;’’. (13) The United States benefits from in- house gases and aerosols, current estimates vestments in the research, development, and SEC. 1811. SENSE OF CONGRESS RELATING TO of the magnitude of future warming should INTERNATIONAL AND ECONOMIC deployment of a range of clean energy and be regarded as tentative and subject to fu- SUPPORT FOR A SUCCESSOR RE- efficiency technologies that can reduce the ture adjustments upward or downward’’. GIME IN IRAQ. risks of climate change and its impacts and (4) The IPCC has stated that in the last 40 (a) FINDINGS.—Congress makes the fol- that can make the United States economy years the global average sea level has risen, lowing findings: more productive, bolster energy security, ocean heat content has increased, and snow (1) A peaceful and prosperous Iraq will ben- create jobs, and protect the environment. cover and ice extent have decreased, which efit the entire international community. (b) SENSE OF CONGRESS.—It is the sense of (2) Winning the peace in Iraq will require threatens to inundate low-lying island na- Congress that the United States should dem- the support of the international community, tions and coastal regions throughout the onstrate international leadership and re- including the assistance of the United Na- world. sponsibility in reducing the health, environ- tions and the specialized agencies of the (5) In October 2000, a United States Govern- mental, and economic risks posed by climate United Nations. ment report found that global climate change by— (3) While Iraq’s long-term economic pros- change may harm the United States by al- (1) taking responsible action to ensure sig- pects are good, the short-term economic sit- tering crop yields, accelerating sea-level nificant and meaningful reductions in emis- uation will be difficult. rise, and increasing the spread of tropical in- sions of greenhouse gases from all sectors; (4) Iraq has an estimated $61,000,000,000 in fectious diseases. (2) creating flexible international and do- foreign debt, approximately $200,000,000,000 in (6) In 1992, the United States ratified the mestic mechanisms, including joint imple- pending reparations claims through the United Nations Framework Convention on mentation, technology deployment, tradable United National Compensation Commission, Climate Change (UNFCCC), the ultimate ob- credits for emissions reductions and carbon and an unknown amount of potential liabil- jective of which is the ‘‘stabilization of sequestration projects that will reduce, ity for terrorism-related claims brought in greenhouse gas concentrations in the atmos- avoid, and sequester greenhouse gas emis- United States courts. phere at a level that would prevent dan- sions; (5) The revenue from the export of oil from gerous anthropogenic interference with the (3) participating in international negotia- Iraq is projected to be less than $15,000,000,000 climate system. Such a level should be tions, including putting forth a proposal to each year for the years 2004, 2005, and 2006. achieved within a time-frame sufficient to the Conference of the Parties, with the ob- (b) SENSE OF CONGRESS ON A SUCCESSOR RE- allow ecosystems to adapt naturally to cli- jective of securing United States participa- GIME IN IRAQ.—It is the sense of Congress mate change, to ensure that food production tion in a future binding climate change Trea- that— is not threatened and to enable economic de- ty in a manner that is consistent with the (1) the President should be commended for velopment to proceed in a sustainable man- environmental objectives of the UNFCCC, seeking the support of the international ner’’. that protects the economic interests of the community to build a stable and secure Iraq; (7) The UNFCCC stated in part that the United States, and that recognizes the (2) the President’s position that the oil re- Parties to the Convention are to implement shared international responsibility for ad- sources of Iraq, and the revenues derived policies ‘‘with the aim of returning . . . to dressing climate change, including devel- therefrom, are the sovereign possessions of their 1990 levels anthropogenic emissions of oping country participation; and the people of Iraq should be supported; and carbon dioxide and other greenhouse gases’’ (4) establishing a bipartisan Senate ob- (3) the President should pursue measures, under the principle that ‘‘policies and meas- server group designated by the chairman and in cooperation with other nations, to protect ures . . . should be appropriate for the spe- ranking member of the Committee on For- an interim or successor regime in Iraq, to cific conditions of each Party and should be eign Relations of the Senate, to monitor any the maximum extent possible, from the neg- integrated with national development pro- international negotiations on climate ative economic implications of indebtedness grammes, taking into account that economic change, to ensure that the advice and con- incurred by the regime of Saddam Hussein, development is essential for adopting meas- sent function of the Senate is exercised in a and to assist in developing a resolution of all ures to address climate change’’. manner so as to facilitate timely consider- outstanding claims against Iraq. (8) There is a shared international respon- ation of any new treaty submitted to the SEC. 1812. SENSE OF CONGRESS RELATING TO sibility to address this problem, as industrial Senate. nations are the largest historic and current MAGEN DAVID ADOM SOCIETY. SEC. 1814. EXTENSION OF AUTHORIZATION OF It is the sense of Congress that, in light of emitters of greenhouse gases, and developing APPROPRIATION FOR THE UNITED the findings of fact set out in section 690(a) nations’ emissions will significantly increase STATES COMMISSION ON INTER- of the Foreign Relations Authorization Act, in the future. NATIONAL RELIGIOUS FREEDOM. Fiscal Year 2003 (Public Law 107–228; 116 (9) The UNFCCC further stated that ‘‘de- Section 207(a) of the International Reli- Stat. 1414) and the fact that the Federation veloped country Parties should take the lead gious Freedom Act of 1998 (22 U.S.C. 6435(a))

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.022 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13275 is amended by striking ‘‘2003’’ and inserting services including counseling and referral SEC. 1820. AUTHORIZATION FOR PASSENGER ‘‘2004’’. services, provided by such organizations with CARRIER USE BY THE CHIEF OF PROTOCOL. SEC. 1815. JUSTICE FOR UNITED STATES MA- non-United States Government funds if such RINES ACT. services do not violate the laws of the coun- Section 1344(b)(4) of title 31, United States (a) SHORT TITLE.—This section may be try in which they are being provided and Code, is amended by inserting ‘‘the Chief of cited as the ‘‘Justice for United States Ma- would not violate United States Federal law Protocol of the United States,’’ after rines Act’’. if provided in the United States; and ‘‘abroad,’’. (b) AMENDMENT.—Section 1404C(a)(3) of the (2) shall not be subject to requirements re- SEC. 1821. ANNUAL REPORT ON SAUDI ARABIA’S Victims of Crime Act of 1984 (42 U.S.C. lating to the use of non-United States Gov- COOPERATION IN THE WAR ON TER- 10603c(a)(3)) is amended by striking ‘‘Decem- ernment funds for advocacy and lobbying ac- RORISM. ber 21, 1988, with respect to which an inves- tivities other than those that apply to (a) REQUIREMENT FOR REPORT.—Not later tigation or’’ and inserting ‘‘October 23, 1983, United States nongovernmental organiza- than May 1, 2004, and annually thereafter, with respect to which an investigation or tions receiving assistance under part I of the Secretary shall submit to the appro- civil or criminal’’. such Act. priate congressional committees a report on SEC. 1818. SUPPORT FOR DEMOCRACY REFORM the cooperation of the Government of Saudi SEC. 1816. TREATMENT OF NATIONALS OF THE Arabia in the war on terrorism. DEMOCRATIC PEOPLE’S REPUBLIC IN IRAN. OF KOREA. (a) FINDINGS.—Congress finds the fol- (b) CONTENT.—Each report shall include— (1) a description of the efforts of the Gov- For purposes of eligibility for refugee sta- lowing: ernment of Saudi Arabia to combat ter- tus under section 207 of the Immigration and (1) Iran is neither free nor democratic. Men rorism and to counter efforts to foment in- Nationality Act (8 U.S.C. 1157), or for asylum and women are not treated equally in Iran, tolerance in Saudi Arabia; under section 208 of such Act (8 U.S.C. 1158), women are legally deprived of internation- (2) an assessment of the cooperation of the a national of the Democratic People’s Repub- ally recognized human rights, and religious Government of Saudi Arabia with United lic of Korea shall not be considered a na- freedom is not respected under the laws of States antiterrorism efforts, including— tional of the Republic of Korea. Iran. Undemocratic institutions, such as the (A) efforts of law enforcement in Saudi SEC. 1817. GLOBAL DEMOCRACY PROMOTION. Guardians Council, thwart the decisions of elected leaders. Arabia to disrupt suspected terrorist net- (a) FINDINGS.—Congress makes the fol- (2) The April 2003 report of the Department works and apprehend suspected terrorists; lowing findings: of State states that Iran remained the most and (1) It is a fundamental principle of Amer- active state sponsor of terrorism in 2002. (B) diplomatic and law enforcement efforts ican medical ethics and practice that health (3) That report also states that Iran con- of Saudi Arabia to stop the financing of ter- care providers should, at all times, deal hon- tinues to provide funding, safe-haven, train- rorists and terrorist organizations; and estly and openly with patients. Any attempt ing, and weapons to known terrorist groups, (3) an assessment of the efforts of the Gov- to subvert the private and sensitive physi- notably Hizballah, HAMAS, the Palestine Is- ernment of Saudi Arabia to investigate ter- cian-patient relationship would be intoler- lamic Jihad, and the Popular Front for the rorist attacks against citizens of the United able in the United States and is an unjustifi- Liberation of Palestine. States, including— able intrusion into the practices of health (b) POLICY.—It is the policy of the United (A) a description of the status of efforts to care providers when attempted in other States that— investigate such attacks; and countries. (1) currently, there is not a free and fully (B) a list of individuals convicted in Saudi (2) Freedom of speech is a fundamental democratic government in Iran; Arabia of committing such attacks. American value. The ability to exercise the (2) the United States supports transparent, SEC. 1822. ANNUAL REPORT ON SMALL ARMS right to free speech, which includes the full democracy in Iran; PROGRAMS. ‘‘right of the people peaceably to assemble, (3) the United States supports the rights of Not later than 180 days after the date of and to petition the government for a redress the Iranian people to choose their system of enactment of this Act, and annually thereof grievances’’ is essential to a thriving de- government; and after, the Secretary shall submit to the ap- mocracy and is protected under the United (4) the United States condemns the brutal propriate congressional committees a re- States Constitution. treatment, imprisonment, and torture of Ira- port— (3) The promotion of democracy is a prin- nian civilians expressing political dissent. (1) describing the activities undertaken, cipal goal of United States foreign policy SEC. 1819. SENSE OF CONGRESS RELATING TO VI- and the progress made, by the Department or and critical to achieving sustainable devel- OLENCE AGAINST WOMEN. other agencies and entities of the United opment. It is enhanced through the encour- (a) FINDINGS.—Congress makes the fol- States Government in prompting other agement of democratic institutions and the lowing findings: states to cooperate in programs on the promotion of an independent and politically (1) Article 4 of the Declaration on the stockpile management, security, and de- active civil society in developing countries. Elimination of Violence Against Women struction of small arms and light weapons; (4) Limiting eligibility for United States adopted by the United Nations General As- (2) listing each state that refuses to co- development and humanitarian assistance sembly in Resolution 48/104 on December 20, operate in programs on the stockpile man- upon the willingness of a foreign nongovern- 1993, proclaims that ‘‘States should condemn agement, security, and destruction of small mental organization to forgo its right to use violence against women and should not in- arms and light weapons, and describing to its own funds to address, within the demo- voke any custom, tradition or religious con- what degree the failure to cooperate affects cratic process, a particular issue affecting sideration to avoid their obligations with re- the national security of such state, its neigh- the citizens of its own country directly un- spect to its elimination.’’. bors, and the United States; and dermines a key goal of United States foreign (2) Paragraph 124 of chapter IV of the Plat- (3) recommending incentives and penalties policy and would violate the United States form for Action, which was adopted along that may be used by the United States Gov- Constitution if applied to United States- with the Beijing Declaration by the Fourth ernment to prompt states to comply with based organizations. World Conference on Women on September programs on the stockpile management, se- (5) Similarly, limiting the eligibility for 15, 1995, states that actions to be taken by curity, and destruction of small arms and United States assistance on a foreign non- governments include condemning violence light weapons. governmental organization’s willingness to against women and refraining from invoking SEC. 1823. MODIFICATION OF REPORTING RE- forgo its right to provide, with its own funds, any custom, tradition, or religious consider- QUIREMENTS ON UNITED SATES medical services that are legal in its own ation as a means to avoid the obligations of PERSONNEL INVOLVED IN THE country and would be legal if provided in the such governments with respect to the elimi- ANTINARCOTICS CAMPAIGN IN CO- United States constitutes unjustifiable in- nation of violence against women as such ob- LOMBIA. terference with the ability of independent or- ligations are referred to in the Declaration Section 3204(f) of the Emergency Supple- ganizations to serve the critical health needs on the Elimination of Violence against mental Act, 2000 (division B of Public Law of their fellow citizens and demonstrates a Women. 106–246; 114 Stat. 577) is amended— disregard and disrespect for the laws of sov- (3) The United States has supported the (1) in the heading, by striking ‘‘BI- ereign nations as well as for the laws of the Declaration on the Elimination of Violence MONTHLY’’ and inserting ‘‘QUARTERLY’’; United States. Against Women and the Beijing Declaration (2) by striking ‘‘60 days’’ and inserting ‘‘90 (b) ASSISTANCE FOR FOREIGN NONGOVERN- and Platform for Action. days’’; and MENTAL ORGANIZATIONS UNDER PART I OF THE (b) SENSE OF CONGRESS.—It is the sense of (3) by striking ‘‘to Congress’’ and inserting FOREIGN ASSISTANCE ACT OF 1961.—Notwith- Congress that the United States should con- ‘‘the appropriate committees of Congress (as standing any other provision of law, regula- tinue to condemn violence against women that term is defined in section 3207(b)(1) of tion, or policy, in determining eligibility for and should urge states to refrain from invok- this Act)’’. assistance authorized under part I of the ing any custom, tradition, or practices in the SEC. 1824. CLARIFICATION OF BLOCKED ASSETS Foreign Assistance Act of 1961 (22 U.S.C. 2151 name of religion or culture as a means to FOR PURPOSES OF TERRORISM RISK et seq.), foreign nongovernmental organiza- avoid obligations regarding the elimination INSURANCE ACT OF 2002. tions— of violence against women as referred to in (a) CLARIFICATION.—Section 201(d)(2)(A) of (1) shall not be ineligible for such assist- Article 4 of the Declaration on the Elimi- the Terrorism Risk Insurance Act of 2002 ance solely on the basis of health or medical nation of Violence Against Women. (Public Law 107–297; 116 Stat. 2339; 28 U.S.C.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.022 S27PT1 S13276 CONGRESSIONAL RECORD — SENATE October 27, 2003 1610 note) is amended by inserting before the AIDS is a catastrophe for economic stability SEC. 1830. PENALTY FOR UNPAID PROPERTY semicolon the following: ‘‘, any asset or [and] may be the world’s most serious devel- TAXES. property that in any respect is subject to opment crisis.’’. (a) IN GENERAL.—Subject to subsection (b), any prohibition, restriction, regulation, or (b) SENSE OF CONGRESS.—It is the sense of an amount equal to 110 percent of the total license pursuant to chapter V of title 31, Congress that Congress, when considering amount of unpaid property taxes owed by a Code of Federal Regulations (including parts appropriations Acts for fiscal year 2004, foreign country to the District of Columbia 515, 535, 550, 560, 575, 595, 596, and 597 of such should fully appropriate all the amounts au- and New York, New York as reported by the title), or any other asset or property of a ter- thorized for appropriation in the Act, even to District of Columbia and New York, New rorist party’’. the extent that appropriating such amounts York, respectively, shall be withheld from (b) EFFECTIVE DATE.—The amendment will require Congress to appropriate amounts obligation for such country from funds that made by subsection (a) shall take effect on over and above the funding levels contained are— the date of the enactment of the Terrorism in the Concurrent Resolution on the Budget (1) appropriated pursuant to an authoriza- Risk Insurance Act of 2002, to which such for Fiscal Year 2004 (H. Con. Res. 95, 108th tion of appropriations in this Act; and amendment relates. Congress, 1st session). (2) made available for such foreign country SEC. 1825. REQUIREMENT FOR REPORT ON THE (c) DEFINITIONS.—In this section: under part I of the Foreign Assistance Act of ROLE OF NORTH KOREA IN THE 1961 (22 U.S.C. 2151 et seq.). TRAFFICKING OF ILLEGAL NAR- (1) ACT.—The term ‘‘Act’’ means the (b) PAYMENT.—Funds withheld from obliga- COTICS. United States Leadership Against HIV/AIDS, tion for a country under subsection (a)(2) (a) REQUIREMENT.—Not later than 90 days Tuberculosis, and Malaria Act of 2003 (Public shall be paid to the District of Columbia or after the date of the enactment of this Act, Law 108–25; 22 U.S.C. 7601 et seq.). the President shall submit to the appro- (2) GLOBAL FUND.—The term ‘‘Global Fund’’ New York, New York, as appropriate, to sat- priate congressional committees a report means the public-private partnership known isfy any judgment for unpaid property taxes that describes the role of North Korea, since as the Global Fund to Fight AIDS, Tuber- against such foreign country. January 1, 2000, in the trafficking of illegal culosis and Malaria established pursuant to (c) CERTIFICATION.—The withholding of narcotics. Article 80 of the Swiss Civil Code. funds under subsection (a) shall apply with respect to a foreign country until the Sec- (b) CLASSIFIED REPORT.—If the President SEC. 1827. UNITED STATES-RUSSIA INTER- submits the report in a classified form, the PARLIAMENTARY GROUP. retary certifies to the designated congressional committees that the total unpaid President shall also submit an unclassified (a) AUTHORIZATION.—The United States property taxes owed by such country have version of the report. Senate is authorized to appoint Senators to been paid in full. (c) CONTENT.—The report shall— meet annually with representatives of the (d) DEFINITIONS.—In this section: (1) address each aspect of North Korea’s Federation Council of Russia for discussion (1) DESIGNATED CONGRESSIONAL COMMIT- role in the trafficking of illegal narcotics, of common problems in the interest of rela- TEES.—The term ‘‘designated congressional including any role in the cultivation, sale, or tions between the United States and Russia. committees’’ means the Committees of For- transshipment of such narcotics; The Senators so appointed shall be referred eign Relations and Appropriations of the (2) identify the origin and destination of to as the ‘‘United States group’’ of the Senate and the Committees on International all narcotics that are transshipped through United States-Russia Interparliamentary North Korea; Relations and Appropriations of the House of Group. (3) provide an estimate of the total amount Representatives. (b) AUTHORIZATION OF APPROPRIATIONS.— of income received by the Government of (2) JUDGMENT.—The term ‘‘judgment’’ (1) IN GENERAL.—There is authorized to be North Korea each year as a result of such means a judgment, order, or decree, includ- appropriated $75,000 for each fiscal year to trafficking and the currencies in which such ing a judgment rendered by default or non- assist in meeting the expenses of the United income is received; appearance of a party, entered in favor of the States group. (4) describe the role of North Korean gov- District of Columbia or New York, New York (2) AVAILABILITY OF FUNDS.—Amounts ap- ernment officials and military personnel in in a court of the United States or any State propriated pursuant to this subsection are such trafficking, including any use of diplo- or subdivision thereof, arising from a pro- authorized to be available until expended. matic channels to facilitate such trafficking; ceeding regarding unpaid property taxes. and SEC. 1828. UNITED STATES-CHINA INTER- (3) UNPAID PROPERTY TAXES.—The term (5) include an assessment of whether the PARLIAMENTARY GROUP. ‘‘unpaid property taxes’’ means the amount leadership of the Government of North Korea (a) AUTHORIZATION.—The United States of the unpaid taxes, and interest on such is aware and approves of such trafficking ac- Senate is authorized to appoint Senators to taxes, that have accrued on real property tivities in North Korea. meet annually with representatives of Na- under applicable laws. SEC. 1826. SENSE OF CONGRESS ON FUNDING tional People’s Congress of the People’s Re- SEC. 1831. SENSE OF SENATE ON EXECUTIVE FOR COMBATTING AIDS GLOBALLY. public of China for discussion of common BRANCH COOPERATION WITH THE (a) FINDINGS.—Congress makes the fol- problems in the interest of relations between NATIONAL COMMISSION ON TER- lowing findings: the United States and China. The Senators RORIST ATTACKS UPON THE UNITED (1) With the President’s support, Congress so appointed shall be referred to as the STATES. overwhelmingly and expeditiously approved ‘‘United States group’’ of the United States- (a) FINDINGS.—The Senate makes the fol- the United States Leadership Against HIV/ China Interparliamentary Group. lowing findings: AIDS, Tuberculosis, and Malaria Act of 2003 (b) AUTHORIZATION OF APPROPRIATIONS.— (1) On November 15, 2002, Congress passed (Public Law 108–25; 22 U.S.C. 7601 et seq.), in- (1) IN GENERAL.—There is authorized to be legislation by a wide bipartisan margin to dicating the gravity with which Congress appropriated $75,000 for each fiscal year to establish the National Commission on Ter- considers the pandemic of HIV and AIDS in- assist in meeting the expenses of the United rorist Attacks Upon the United States to de- fection. States group. termine the facts surrounding the attacks of (2) The Act, which was supported and (2) AVAILABILITY OF FUNDS.—Amounts ap- September 11, 2001, and to help the Nation signed into law by the President, authorized propriated pursuant to this subsection are prevent any future terrorist attacks. On No- the appropriation of a total $15,000,000,000 for authorized to be available until expended. vember 27, 2002, President Bush signed the fiscal years 2004 through 2008. Specifically, SEC. 1829. REQUIREMENT FOR ANNUAL REPORT legislation into law as title VI of the Intel- the Act authorized $3,000,000,000 to be appro- ON INTERNATIONAL RELIGIOUS ligence Authorization Act for Fiscal Year priated in fiscal year 2004 for HIV/AIDS and FREEDOM TO INCLUDE INFORMA- 2003 (Public Law 107–306; 116 Stat. 2408; 6 related programs, of which up to TION ON ANTI-SEMITISM. U.S.C. 101 note). $1,000,000,000 was authorized to be made Section 102(b)(1) of the International Reli- (2) There was broad bipartisan consensus available for the United States contributions gious Freedom Act of 1998 (22 U.S.C. that the work of the Commission was of na- to the Global Fund. 6412(b)(1)) is amended by adding at the end tional importance and of particular signifi- (3) In contrast to the amounts authorized the following new subparagraph: cance to the families of the victims of the to be appropriated in the Act, the Presi- ‘‘(G) ACTS OF ANTI-SEMITISM.—A descrip- attacks of September 11, 2001. dent’s budget for fiscal year 2004, includes tion for each foreign country of— (3) The work of the Commission is essen- only $1,900,000,000 for HIV/AIDS and related ‘‘(i) acts of anti-Semitic violence that oc- tial to discovering what weaknesses and programs, of which only $200,000,000 is for the curred in that country; vulnerabilities were exploited to successfully United States contribution to the Global ‘‘(ii) the response of the government of perpetrate the deadly attacks of September Fund. that country to such acts of violence; 11, 2001. (4) Approximately 5,000 people contract ‘‘(iii) actions by the government of that (4) The Commission is required to ‘‘ascer- HIV each day. country to enact and enforce laws relating to tain, evaluate, and report on the evidence de- (5) In Africa, more than 17,000,000 people the protection of the right to religious free- veloped by all relevant governmental agen- have died from AIDS, another 28,000,000 are dom with respect to people of the Jewish cies regarding the facts and circumstances infected with HIV, including 1,500,000 in- faith; surrounding the attacks’’ and to complete fected children, and 11,000,000 children have ‘‘(iv) societal attitudes in that country to- its work by May, 2004. been orphaned by AIDS. ward people of the Jewish faith; and (5) Both the Chairman and Vice Chairman (6) The United Nations Development Pro- ‘‘(v) trends relating to such attitudes in of the Commission have recently announced gramme Annual Report for 2003 states, ‘‘HIV/ that country.’’. that many of the relevant agencies—most

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.022 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13277 notably the Department of Defense, the De- of the Senate, the Permanent Select Com- (12) President George W. Bush has called partment of Justice, the Department of mittee on Intelligence of the House of Rep- for the doubling of the number of Peace Homeland Security, and the Central Intel- resentatives, and the appropriate congres- Corps volunteers in service. ligence Agency—have failed to provide the sional committees. (13) Any expansion of the Peace Corps must bulk of the documents the Commission has SEC. 1833. REPORT ON THE INTERNATIONAL COF- not jeopardize the quality of the Peace Corps requested and some of those agencies have FEE CRISIS. volunteer experience, and therefore can only prevented the Commission from conducting Not later than 120 days after the date of be accomplished by an appropriate increase independent interviews with officials who the enactment of this Act, the Secretary, in in field and headquarters support staff. may have important information about the consultation with the Administrator of the (14) In order to ensure that proposed expan- tragic events of September 11, 2001. United States Agency for International De- sion of the Peace Corps preserves the integ- (6) Members of the Commission have also velopment and the Secretary of the Treas- rity of the program and the security of vol- acknowledged that if this cooperation is not ury, shall submit a report to the appropriate unteers, the integrated Planning and Budget forthcoming in the next several weeks, the congressional committees describing the System supported by the Office of Planning Commission will not be able to meet the May progress the United States is making to- and Policy Analysis should continue its 2004 statutory deadline to conclude its inves- wards meeting the objectives set forth in focus on strategic planning. tigation and report its findings to Congress paragraph (1) of Senate Resolution 368, 107th (15) A streamlined, bipartisan National and the President. Congress, agreed to November 20, 2002, and in Peace Corps Advisory Council composed of (b) SENSE OF SENATE.—It is the sense of the paragraph (1) of House Resolution 604, 107th distinguished returned Peace Corps volun- Senate that— Congress, agreed to November 15, 2002, in- teers and other individuals, with diverse (1) President Bush should immediately and cluding adopting a global strategy to deal backgrounds and expertise, can be a source publicly require all executive branch agen- with the international coffee crisis and of ideas and suggestions that may be useful cies, especially the Department of Defense, measures to support and complement multi- to the Director of the Peace Corps in dis- the Department of Justice, the Department lateral efforts to respond to the inter- charging the Director’s duties and respon- of Homeland Security, and the Central Intel- national coffee crisis. sibilities. ligence Agency, to provide their fullest and SEC. 1903. DEFINITIONS. most timely cooperation to the Commission, TITLE XIX—PEACE CORPS CHARTER FOR In this title: THE 21ST CENTURY and permit the Commission unfettered ac- (1) DIRECTOR.—The term ‘‘Director’’ means cess to agency officials for interviews, so SEC. 1901. SHORT TITLE. the Director of the Peace Corps. that the Commission can complete its mis- This title may be cited as the ‘‘Peace Corps (2) PEACE CORPS VOLUNTEER.—The term sion in the time allotted by law; Charter for the 21st Century Act’’. ‘‘Peace Corps volunteer’’ means a volunteer (2) The Department of Defense, the Depart- SEC. 1902. FINDINGS. or a volunteer leader under the Peace Corps ment of Justice, the Department of Home- Congress makes the following findings: Act. land Security, and the Central Intelligence (1) The Peace Corps was established in 1961 (3) RETURNED PEACE CORPS VOLUNTEER.— Agency should submit to Congress by August to promote world peace and friendship The term ‘‘returned Peace Corps volunteer’’ 15, 2003, and quarterly thereafter for the life through the service of United States volun- means a person who has been certified by the of the Commission, a report on the actions teers abroad. Director as having served satisfactorily as a taken by each such department or agency to (2) The Peace Corps has sought to fulfill Peace Corps volunteer. comply with the requests of the Commission; three goals, as follows: SEC. 1904. STRENGTHENED INDEPENDENCE OF and (A) To help people in developing nations THE PEACE CORPS. (3) the Commission should submit to Con- meet basic needs. (a) RECRUITMENT OF VOLUNTEERS.—Section gress and the President, by August 15, 2003, (B) To promote understanding of America’s 2A of the Peace Corps Act (22 U.S.C. 2501–1) and quarterly thereafter, a report assessing values and ideals abroad. is amended by adding at the end the fol- the compliance of each department and lowing new sentence: ‘‘As the Peace Corps is (C) To promote an understanding of other agency referred to in paragraph (2) with the an independent agency, all recruiting of vol- peoples by Americans. requests of the Commission. unteers shall be undertaken primarily by the (3) The three goals, which are codified in Peace Corps.’’. SEC. 1832. SENSE OF CONGRESS ON AN INVES- the Peace Corps Act, have guided the Peace TIGATION INTO ASSERTIONS THAT (b) DETAILS AND ASSIGNMENTS.—Section IRAQ ATTEMPTED TO OBTAIN URA- Corps and its volunteers over the years, and 5(g) of the Peace Corps Act (22 U.S.C. 2504(g)) NIUM FROM AFRICA. worked in concert to promote global accept- is amended by inserting after ‘‘Provided, (a) FINDINGS.—Congress makes the fol- ance of the principles of international peace That’’ the following: ‘‘such detail or assign- lowing findings: and nonviolent coexistence among peoples of ment does not contradict the standing of (1) In the State of the Union address in diverse cultures and systems of government. Peace Corps volunteers as being independent: January 2003, the President asserted that (4) Since its establishment, approximately Provided further, That’’. ‘‘[t]he British government has learned that 165,000 Peace Corps volunteers have served in SEC. 1905. REPORTS AND CONSULTATIONS. Saddam Hussein recently sought significant 135 countries. (a) ANNUAL REPORTS; CONSULTATIONS ON quantities of uranium from Africa’’. (5) After more than 40 years of operation, NEW INITIATIVES.—The Peace Corps Act is (2) It has been determined that the claim the Peace Corps remains the world’s premier amended by striking the heading for section regarding the efforts of Iraq to obtain ura- international service organization dedicated 11 (22 U.S.C. 2510) and all that follows nium from Africa cannot be substantiated. to promoting grassroots development. through the end of such section and insert- (3) In May 2003, the Chairman and Vice (6) The Peace Corps remains committed to ing the following: Chairman of the Select Committee on Intel- sending well trained and well supported ‘‘SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON ligence of the Senate requested that the In- Peace Corps volunteers overseas to promote NEW INITIATIVES. spector General of the Department and the peace, friendship, and international under- ‘‘(a) ANNUAL REPORTS.—The Director shall Inspector General of the Central Intelligence standing. transmit to Congress, at least once in each Agency work jointly to investigate the han- (7) The Peace Corps is currently operating fiscal year, a report on operations under this dling and characterization of the underlying with an annual budget of $275,000,000 in 70 Act. Each report shall contain— documents behind the assertions regarding countries with 7,000 Peace Corps volunteers. ‘‘(1) a description of efforts undertaken to the efforts of Iraq to obtain uranium from (8) The Peace Corps is an independent improve coordination of activities of the Africa. agency, and therefore no Peace Corps per- Peace Corps with activities of international (b) SENSE OF CONGRESS.—It is the sense of sonnel or volunteers should be used to ac- voluntary service organizations, such as the Congress that— complish any goal other than the goals es- United Nations volunteer program, and of (1) Congress supports the thorough and ex- tablished by the Peace Corps Act. host country voluntary service organiza- peditious joint investigation by the Inspec- (9) The Crisis Corps has been an effective tions, including— tor General of the Department and the In- tool in harnessing the skills and talents for ‘‘(A) a description of the purpose and scope spector General of the Central Intelligence returned Peace Corps volunteers and should of any development project which the Peace Agency into the documents or other mate- be expanded to utilize to the maximum ex- Corps undertook during the preceding fiscal rials that the President relied on to conclude tent the talent pool of returned Peace Corps year as a joint venture with any such inter- that Iraq had attempted to obtain uranium volunteers. national or host country voluntary service from Africa; (10) There is deep misunderstanding and organizations; and (2) the findings and conclusions of the joint misinformation about American values and ‘‘(B) recommendations for improving co- investigation should be completed not later ideals in many parts of the world, particu- ordination of development projects between than September 12, 2003; larly those with substantial Muslim popu- the Peace Corps and any such international (3) such findings and conclusions should be lations, and a greater Peace Corps presence or host country voluntary service organiza- unclassified to the maximum extent pos- in such places could foster greater under- tions; sible, while fully protecting any intelligence standing and tolerance. ‘‘(2) a description of— sources or methods; and (11) Congress has declared that the Peace ‘‘(A) any major new initiatives that the (4) such findings and conclusions should be Corps should be expanded to sponsor a min- Peace Corps has under review for the upcom- sent to the Select Committee on Intelligence imum of 10,000 Peace Corps volunteers. ing fiscal year, and any major initiatives

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that were undertaken in the previous fiscal Director shall submit to the appropriate con- ‘‘(i) REPORT.—Not later than July 30 of year that were not included in prior reports gressional committees a report describing each year, the Council shall submit a report to Congress; the initiatives that the Peace Corps intends to the President and the Director of the ‘‘(B) the rationale for undertaking such to pursue with eligible countries where the Peace Corps describing how the Council has new initiatives; presence of Peace Corps volunteers would fa- carried out its functions under subsection ‘‘(C) an estimate of the cost of such initia- cilitate a greater understanding that there (b)(2).’’. tives; and exists a universe of commonly shared human SEC. 1910. READJUSTMENT ALLOWANCES. ‘‘(D) any impact such initiatives may have values and aspirations. Such report shall in- (a) INCREASED RATES.—The Peace Corps on the safety of volunteers; and clude— Act is amended— ‘‘(3) a description of standard security pro- (1) a description of the recruitment strate- (1) in section 5(c) (22 U.S.C. 2504(c)), by cedures for any country in which the Peace gies to be employed by the Peace Corps to re- striking ‘‘$125’’ and inserting ‘‘$275’’; and Corps operates programs or is considering cruit and train volunteers with the appro- (2) in section 6(1) (22 U.S.C. 2505(1)), by doing so, as well as any special security propriate language skills and interest in serving striking ‘‘$125’’ and inserting ‘‘$275’’. cedures contemplated because of changed in such countries; and (b) EFFECTIVE DATE.—The amendments circumstances in specific countries, and as- (2) a list of the countries that the Director made by subsection (a) shall take effect on sessing whether security conditions would be has determined should be priorities for spe- the first day of the first month that begins enhanced— cial recruitment and placement of Peace on or after the date of the enactment of this ‘‘(A) by colocating volunteers with inter- Corps volunteers. Act. national or local nongovernmental organiza- (b) USE OF RETURNED PEACE CORPS VOLUN- SEC. 1911. PROGRAMS AND PROJECTS OF RE- tions; or TEERS.—Notwithstanding any other provi- TURNED PEACE CORPS VOLUN- ‘‘(B) with the placement of multiple volun- sion of law, the Director is authorized and TEERS TO PROMOTE THE GOALS OF THE PEACE CORPS. teers in one location. strongly urged to utilize the services of re- (a) PURPOSE.—The purpose of this section ‘‘(b) CONSULTATIONS ON NEW INITIATIVES.— turned Peace Corps volunteers having lan- is to provide support for returned Peace The Director of the Peace Corps should con- guage and cultural expertise, including those Corps volunteers to develop and carry out sult with the Committee on Foreign Rela- returned Peace Corps volunteers who may programs and projects to promote the third tions of the Senate and the Committee on have served previously in countries with sub- purpose of the Peace Corps Act, as set forth International Relations of the House of Rep- stantial Muslim populations, in order to in section 2(a) of that Act (22 U.S.C. 2501(a)), resentatives with respect to any major new open or reopen Peace Corps programs in such initiatives not previously discussed in the relating to promoting an understanding of countries. other peoples on the part of the American latest annual report submitted to Congress SEC. 1908. GLOBAL INFECTIOUS DISEASES INITIA- under subsection (a) or in budget presen- people. TIVE. (b) GRANTS TO CERTAIN NONPROFIT COR- tations. Whenever possible, such consulta- The Director, in cooperation with inter- PORATIONS.— tions should take place prior to the initi- national public health experts such as ex- (1) GRANT AUTHORITY.—The Chief Executive ation of such initiatives, but in any event as perts of the Centers for Disease Control and Officer of the Corporation for National and soon as is practicable thereafter.’’. Prevention, the National Institutes of Community Service (hereafter in the section (b) ONE-TIME REPORT ON STUDENT LOAN Health, the World Health Organization, the FORGIVENESS PROGRAMS.—Not later than 30 referred to as the ‘‘Corporation’’) shall award Pan American Health Organization, and grants on a competitive basis to private non- days after the date of the enactment of this local public health officials, shall develop a Act, the Director shall submit to the appro- profit corporations for the purpose of ena- program of training for all Peace Corps vol- bling returned Peace Corps volunteers to use priate congressional committees a report unteers in the areas of education, preven- containing— their knowledge and expertise to develop tion, and treatment of infectious diseases in (1) a description of the student loan for- programs and projects to carry out the pur- order to ensure that all Peace Corps volun- giveness programs currently available to pose described in subsection (a). teers make a contribution to the global cam- Peace Corps volunteers upon completion of (2) PROGRAMS AND PROJECTS.—The pro- paign against such diseases. their service; grams and projects that may receive grant SEC. 1909. PEACE CORPS NATIONAL ADVISORY (2) a comparison of such programs with funds under this section include— COUNCIL. (A) educational programs designed to en- other Government-sponsored student loan Section 12 of the Peace Corps Act (22 forgiveness programs; and rich the knowledge and interest of elemen- U.S.C. 2511) is amended— tary school and secondary school students in (3) recommendations for any additional (1) in subsection (b)(2) by striking subpara- student loan forgiveness programs that could the geography and cultures of other coun- graph (D) and inserting the following: tries where the volunteers have served; attract more applicants from more low- and ‘‘(D) make recommendations for utilizing (B) projects that involve partnerships with middle-income applicants facing high stu- the expertise of returned Peace Corps volun- local libraries to enhance community knowl- dent loan obligations. teers in fulfilling the goals of the Peace edge about other peoples and countries; and SEC. 1906. INCREASING THE NUMBER OF VOLUN- Corps.’’; (C) audio-visual projects that utilize mate- TEERS. (2) in subsection (c)(2)— rials collected by the volunteers during their (a) REQUIREMENT.—The Director shall de- (A) in subparagraph (A)— velop a plan to increase the number of Peace service that would be of educational value to (i) in the first sentence, by striking ‘‘fif- Corps volunteers to a number that is not less communities. teen’’ and inserting ‘‘seven’’; and than twice the number of Peace Corps volun- (3) ELIGIBILITY.—To be eligible for a grant (ii) by striking the second sentence and in- teers who were enrolled in the Peace Corps under this section, a nonprofit corporation on September 30, 2002. serting the following: ‘‘Four of the members shall have a board of directors composed of (b) REPORT ON INCREASING THE NUMBER OF shall be former Peace Corps volunteers, at returned Peace Corps volunteers with a VOLUNTEERS.— least one of whom shall have been a former background in community service, edu- (1) INITIAL REPORT.—Not later than 30 days staff member abroad or in the Washington cation, or health. The nonprofit corporation after the date of the enactment of this Act, headquarters, and not more than four shall shall meet all management requirements the Director shall submit to the appropriate be members of the same political party.’’; that the Corporation determines appropriate congressional committees a report describ- (B) by striking subparagraph (D) and in- and prescribes as conditions for eligibility ing in detail the Director’s plan for increas- serting the following: for the grant. ing the number of Peace Corps volunteers as ‘‘(D) The members of the Council shall be (c) GRANT REQUIREMENTS.—A grant under this section shall be made pursuant to a described in subsection (a), including a five- appointed for 2-year terms.’’; grant agreement between the Corporation year budget plan for funding such increase in (C) by striking subparagraphs (B) and (H); and the nonprofit corporation that— the number of volunteers. and (D) by redesignating subparagraphs (C), (1) requires grant funds be used only to (2) SUBSEQUENT REPORTS.—Not later than support programs and projects to carry out January 31 of each year in which the number (D), (E), (F), (G), and (I) as subparagraphs the purpose described in subsection (a) of Peace Corps volunteers is less than twice (B), (C), (D), (E), (F), and (G), respectively; through the funding of proposals submitted the number of Peace Corps volunteers who (3) by striking subsection (g) and inserting by returned Peace Corps volunteers (either were enrolled in the Peace Corps on Sep- the following: ‘‘(g) CHAIR.—The President shall designate individually or cooperatively with other re- tember 30, 2002, the Director shall submit to one of the voting members of the Council as turned volunteers); the appropriate congressional committees an Chair, who shall serve in that capacity for a (2) requires the nonprofit corporation to update on the report described in paragraph period not to exceed two years.’’; give preferential consideration to proposals (1). (4) by striking subsection (h) and inserting submitted by returned Peace Corps volun- SEC. 1907. SPECIAL VOLUNTEER RECRUITMENT the following: teers that request less than $100,000 to carry AND PLACEMENT FOR COUNTRIES ‘‘(h) MEETINGS.—The Council shall hold a out a program or project; WHOSE GOVERNMENTS ARE SEEK- ING TO FOSTER GREATER UNDER- regular meeting during each calendar quar- (3) requires that not more than 20 percent STANDING BETWEEN THEIR CITI- ter at a date and time to be determined by of the grant funds made available to the non- ZENS AND THE UNITED STATES. the Chair of the Council.’’; and profit corporation be used for the salaries, (a) REPORT.—Not later than 60 days after (5) by striking subsection (i) and inserting overhead, or other administrative expenses the date of the enactment of this Act, the the following: of the nonprofit corporation;

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(4) prohibits the nonprofit corporation (c) REPEAL OF OBSOLETE AUTHORIZATIONS.— development projects funded with loans from receiving grant funds for more than 2 (1) AGRICULTURE, RURAL DEVELOPMENT, AND made by such lenders and, thereby, maximize years unless, beginning in the third year, the NUTRITION.—Section 103(a) of the Foreign As- the benefit which such projects will achieve. nonprofit corporation makes available, to sistance Act of 1961 (22 U.S.C. 2151a(a)) is ‘‘(b) POLICY.—It is the policy of the United carry out the programs or projects that re- amended— States to make partial loan guarantees ceive grant funds during that year, non-Fed- (A) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; available to private lenders to fund develop- eral contributions— (B) by striking paragraphs (2) and (3); and ment projects in developing countries that (A) in an amount not less than $2 for every (C) by redesignating subparagraphs (A), encourage such lenders to provide appro- $3 of Federal funds provided through the (B), and (C), as paragraphs (1), (2), and (3), re- priate oversight and management of such de- grant; and spectively. velopment projects. (B) provided directly or through donations (2) EDUCATION AND HUMAN RESOURCES DE- ‘‘(c) AUTHORITY.—To carry out the policy from private entities, in cash or in kind, fair- VELOPMENT.—Section 105(a) of such Act (22 set forth in subsection (b), the President is ly evaluated, including plant, equipment, or U.S.C. 2151c(a)) is amended by striking the authorized to provide assistance in the form services; and second sentence. of loans and partial loan guarantees to pri- (5) requires the nonprofit corporation to (3) ENERGY, PRIVATE VOLUNTARY ORGANIZA- vate lenders in developing countries to manage, monitor, and report to the Corpora- TIONS, AND SELECTED DEVELOPMENT ACTIVI- achieve the economic development purposes tion on the progress of each program or TIES.—Section 106 of such Act (22 U.S.C. of the provisions of this part. project for which the nonprofit corporation 2151d) is amended by striking subsections (e) ‘‘(d) PRIORITY FOR ASSISTANCE.—The Presi- provides funding from a grant under this sec- and (f). dent, in providing assistance under this section. (d) TECHNICAL AMENDMENT OF DEVELOP- tion, shall give priority to providing partial (d) STATUS OF THE FUND.—Nothing in this MENT FUND FOR AFRICA.—Section 497 of the loan guarantees made pursuant to the au- section shall be construed to make any non- Foreign Assistance Act of 1961 (22 U.S.C. thority in subsection (c) that are used in profit corporation supported under this sec- 2294) is amended by striking ‘‘AUTHORIZA- transactions in which the financial risk of tion an agency or establishment of the Fed- TIONS OF APPROPRIATIONS FOR THE DEVELOP- loss to the United States Government under eral Government or to make any member of MENT FUND FOR AFRICA.—’’ and inserting such guarantee does not exceed the financial the board of directors or any officer or em- ‘‘AVAILABILITY OF FUNDS.—’’. risk of loss of the private lender that re- ployee of such nonprofit corporation an offi- SEC. 2102. CHILD SURVIVAL AND HEALTH PRO- ceives such guarantee. cer or employee of the United States. GRAMS FUND. ‘‘(e) TERMS AND CONDITIONS.—Assistance (e) FACTORS IN AWARDING GRANTS.—In de- (a) AUTHORIZATION OF APPROPRIATIONS.— provided under this section shall be provided termining the number of nonprofit corpora- There are authorized to be appropriated to on such terms and conditions as the Presi- tions to receive grants under this section for the President for ‘‘Child Survival and Health dent determines appropriate. any fiscal year, the Corporation shall— Programs Fund’’, $1,495,000,000 for fiscal year ‘‘(f) OBLIGATIONS OF THE UNITED STATES.— (1) consider the need to minimize overhead 2004 to carry out sections 104 and 496 of the A partial loan guarantee made under sub- costs and maximize resources available to Foreign Assistance Act of 1961 (22 U.S.C. section (c) shall constitute an obligation, in fund programs and projects; and 2151b and 2293). Amounts authorized to be ap- accordance with the terms of such guar- (2) seek to ensure that programs and propriated under this section are in addition antee, of the United States of America and projects receiving grant funds are carried to amounts available under other provisions the full faith and credit of the United States out across a broad geographical distribution. of law to combat the human immuno- of America is pledged for the full payment (f) CONGRESSIONAL OVERSIGHT.—Grant re- deficiency virus (HIV) or the acquired im- and performance of such obligation. cipients under this section shall be subject mune deficiency syndrome (AIDS). ‘‘(g) PROCUREMENT PROVISIONS.—Assistance to the appropriate oversight procedures of (b) FAMILY PLANNING PROGRAMS.—Of the may be provided under this section notwith- Congress. amount authorized to be appropriated under standing section 604(a). (g) FUNDING.— subsection (a), $346,000,000 may be used for ‘‘(h) DEVELOPMENT CREDIT AUTHORITY PRO- (1) IN GENERAL.—In addition to any other assistance under sections 104(b) and 496(i)(3) GRAM ACCOUNT.—There is established on the funds made available to the Corporation of the Foreign Assistance Act of 1961 (22 books of the Treasury an account known as under any other provision of law, there is au- U.S.C. 2151b(b) and 2293(i)(3)). the Development Credit Authority Program thorized to be appropriated to the Corpora- (c) AVAILABILITY.—Amounts appropriated Account. There shall be deposited into the tion to carry out this section, $10,000,000. under this section for the purposes specified account all amounts made available for pro- (2) AVAILABILITY.—Amounts appropriated in subsection (a)— viding assistance under this section, other pursuant to paragraph (1) are authorized to (1) are authorized to remain available until than amounts made available for adminis- remain available until expended. expended; and trative expenses to carry out this section. SEC. 1912. AUTHORIZATION OF APPROPRIATIONS. (2) are in addition to amounts otherwise Amounts in the Account shall be available to Section 3(b)(1) of the Peace Corps Act (22 available for such purposes. provide assistance under this section. U.S.C. 2502(b)(1)) is amended— (d) REPEAL OF OBSOLETE AUTHORIZATIONS ‘‘(i) AVAILABILITY OF FUNDS.— (1) by striking ‘‘2002, and’’ and inserting AND TECHNICAL AMENDMENTS.—Section 104(c) ‘‘(1) IN GENERAL.—Of the amounts author- ‘‘2002,’’; and of the Foreign Assistance Act of 1961 (22 ized to be available for the purposes of part (2) by inserting before the period at the end U.S.C. 2151b(c)) is amended— I of the Foreign Assistance Act of 1961 (22 the following: ‘‘, $359,000,000 for fiscal year (1) in paragraph (2)— U.S.C. 2151) and the Support for Eastern Eu- 2004, $401,000,000 for fiscal year 2005, (A) by striking subparagraphs (B) and (C); ropean Democracy (SEED) Act of 1989 (22 $443,000,000 for fiscal year 2006, and and U.S.C. 5401 et seq.), not more than $21,000,000 $485,000,000 for fiscal year 2007’’. (B) by striking ‘‘(2)(A)’’ and inserting for fiscal year 2004 may be made available to DIVISION C—FOREIGN ASSISTANCE ‘‘(2)’’; and carry out this section. AUTHORIZATIONS (2) in paragraph (3), by striking the last ‘‘(2) TRANSFER OF FUNDS.—Amounts made sentence. SEC. 2001. SHORT TITLE. available under paragraph (1) may be trans- SEC. 2103. DEVELOPMENT CREDIT AUTHORITY. This division may be cited as the ‘‘Foreign ferred to the Development Credit Authority Chapter 1 of part I of the Foreign Assist- Assistance Authorization Act, Fiscal Year Program Account established by subsection ance Act of 1961 (22 U.S.C. 2151 et seq.) is 2004’’. (h) of such section. amended by inserting after section 108 (22 ‘‘(3) SUBSIDY COST.—Amounts made avail- TITLE XXI—AUTHORIZATION OF U.S.C. 2151f) the following: able under paragraphs (1) and (2) shall be APPROPRIATIONS ‘‘SEC. 108A. DEVELOPMENT CREDIT AUTHORITY. available for subsidy cost as defined in sec- Subtitle A—Development Assistance and ‘‘(a) FINDINGS.—Congress makes the fol- tion 502(5) of the Federal Reform Credit Act Related Programs Authorizations lowing findings: of 1990 (2 U.S.C. 661a(5)) of activities under SEC. 2101. DEVELOPMENT ASSISTANCE. ‘‘(1) Developing countries often have large this section. (a) AUTHORIZATION OF APPROPRIATIONS.— reserves of privately held capital that are ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to the not being adequately mobilized and invested ‘‘(1) IN GENERAL.—There is authorized to be President for ‘‘Development Assistance’’, due to weak financial institutions and other appropriated for administrative expenses to $1,360,000,000 for fiscal year 2004 to carry out market imperfections in such countries. carry out this section $8,000,000 for fiscal sections 103, 105, 106, and 496 of the Foreign ‘‘(2) Partial loan guarantees, particularly year 2004. Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, when used as an integral part of a develop- ‘‘(2) TRANSFER OF FUNDS.—The amounts ap- 2151d, and 2293). ment strategy, are useful to leverage local propriated for administrative expenses under (b) AVAILABILITY.—Amounts appropriated private capital for development while re- paragraph (1) may be transferred to and under this section for the purposes specified forming and strengthening developing coun- merged with amounts made available under in subsection (a)— try financial markets. section 667(a). (1) are authorized to remain available until ‘‘(3) Requiring risk-sharing guarantees and ‘‘(k) AVAILABILITY.—Amounts appropriated expended; and limiting guarantee assistance to private or made available under this section are au- (2) are in addition to amounts otherwise lenders encourages such lenders to provide thorized to remain available until ex- available for such purposes. appropriate oversight and management of pended.’’.

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PROGRAM TO PROVIDE TECHNICAL AS- ance with the general authority contained in (B) in paragraph (2) of such subsection, by SISTANCE TO FOREIGN GOVERN- section 491. striking ‘‘agency’’ and inserting ‘‘Agency’’; MENTS AND FOREIGN CENTRAL ‘‘(c) NOTIFICATION.—The President shall (2) by redesignating subsection (b) as sub- BANKS OF DEVELOPING OR TRANSI- transmit advance notification of any assist- section (c); and TIONAL COUNTRIES. ance to be provided under subsection (a) to (3) by inserting after subsection (a) the fol- Section 129(j)(1) of the Foreign Assistance the Committees on Foreign Relations and lowing new subsection (b): Act of 1961 (22 U.S.C. 2151aa(j)(1)) is amended Appropriations of the Senate and the Com- ‘‘(b) There are authorized to be appro- by striking ‘‘$5,000,000 for fiscal year 1999’’ mittees on International Relations and Ap- priated to the President, in addition to funds and inserting ‘‘$14,000,000 for fiscal year propriations of the House of Representative available under subsection (a) or any other 2004’’. in accordance with section 634A (22 U.S.C. provision of law for such purposes— SEC. 2105. INTERNATIONAL ORGANIZATIONS AND 2394–1). ‘‘(1) $35,000,000 for fiscal year 2004 for nec- PROGRAMS. ‘‘(d) FAMINE FUND.—There is established on essary operating expenses of the Office of In- Section 302 of the Foreign Assistance Act the books of the Treasury an account to be spector General of the United States Agency of 1961 (22 U.S.C. 2222) is amended to read as known as the Famine Fund. There shall be for International Development; and follows: deposited into the account all amounts made ‘‘(2) such amounts as may be necessary for available for providing assistance under sub- ‘‘SEC. 302. AUTHORIZATION OF APPROPRIATIONS. increases in pay, retirement, and other em- ‘‘There is authorized to be appropriated to section (a). Amounts in the Fund shall be available to provide assistance under such ployee benefits authorized by law for the em- the President $314,500,000 for fiscal year 2004 ployees of such Office, and for other nondis- for grants to carry out the purposes of this subsection. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— cretionary costs of such Office.’’. chapter. Amounts appropriated pursuant to (b) CONFORMING AMENDMENT.—The heading the authorization of appropriations in this There are authorized to be appropriated to the President such sums as may be necessary of section 667 of the Foreign Assistance Act section are in addition to amounts otherwise of 1961 (22 U.S.C. 2427) is amended by striking available for such purposes.’’. for fiscal year 2004 to carry out this section. ‘‘(f) AVAILABILITY.—Amounts appropriated ‘‘EXPENSES.—’’ and inserting ‘‘EXPENSES OF SEC. 2106. CONTINUED AVAILABILITY OF CER- under this section— THE UNITED STATES AGENCY FOR INTER- TAIN FUNDS WITHHELD FROM NATIONAL DEVELOPMENT.—’’. INTERNATIONAL ORGANIZATIONS. ‘‘(1) are authorized to remain available Section 307 of the Foreign Assistance Act until expended; and SEC. 2113. REAUTHORIZATION OF RELIEF FOR TORTURE VICTIMS. of 1961 (22 U.S.C. 2227) is amended by adding ‘‘(2) are in addition to amounts otherwise (a) AUTHORIZATION OF APPROPRIATIONS FOR at the end the following new subsection: available for such purpose.’’. FOREIGN TREATMENT CENTERS FOR VICTIMS OF ‘‘(e) Funds available in any fiscal year to SEC. 2110. ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET TORTURE.— carry out the provisions of this chapter that UNION. (1) AUTHORIZATION OF APPROPRIATIONS.— are returned or not made available for orga- (a) AUTHORIZATION OF APPROPRIATIONS.— Section 4(b)(1) of the Torture Victims Relief nizations and programs because of the appli- There is authorized to be appropriated to the Act of 1998 (22 U.S.C. 2152 note) is amended to cation of this section shall remain available President for ‘‘Assistance for the Inde- read as follows: for obligation until September 30 of the fis- pendent States of the Former Soviet Union’’, ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— cal year after the fiscal year for which such $646,000,000 for fiscal year 2004 to carry out Of the amounts authorized to be appro- funds are appropriated.’’. chapters 11 and 12 of part I of the Foreign As- priated for fiscal year 2004 pursuant to chap- SEC. 2107. INTERNATIONAL DISASTER ASSIST- sistance Act of 1961 (22 U.S.C. 2295 et seq. and ter 1 of part I of the Foreign Assistance Act ANCE. 2296 et seq.). of 1961 (22 U.S.C. 2151 et seq.) there is author- Section 492(a) of the Foreign Assistance (b) AVAILABILITY.—Amounts appropriated ized to be appropriated to the President to Act of 1961 (22 U.S.C. 2292a(a)) is amended by under this section for the purposes specified carry out section 130 of such Act $11,000,000 striking ‘‘$25,000,000 for fiscal year 1986 and in subsection (a)— for fiscal year 2004.’’. $25,000,000 for fiscal year 1987’’ and inserting (1) are authorized to remain available until (2) EFFECTIVE DATE.—The amendment ‘‘$235,500,000 for fiscal year 2004’’. expended; and made by paragraph (1) shall take effect Octo- SEC. 2108. TRANSITION INITIATIVES. (2) are in addition to amounts otherwise ber 1, 2003. Section 494 of the Foreign Assistance Act available for such purposes. (b) AUTHORIZATION OF APPROPRIATIONS FOR of 1961 (22 U.S.C. 2292c) is amended to read as SEC. 2111. ASSISTANCE FOR EASTERN EUROPE THE UNITED STATES CONTRIBUTION TO THE AND THE BALTIC STATES. follows: UNITED NATIONS VOLUNTARY FUND FOR VIC- (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 494. TRANSITION AND DEVELOPMENT AS- TIMS OF TORTURE.—Of the amounts author- There is authorized to be appropriated to the SISTANCE. ized to be appropriated for fiscal year 2004 President for ‘‘Assistance for Eastern Europe ‘‘(a) TRANSITION AND DEVELOPMENT ASSIST- pursuant to chapter 3 of part I of the Foreign and the Baltic States’’ $475,000,000 for fiscal ANCE.—The President is authorized to fur- Assistance Act of 1961 (22 U.S.C. 2221 et seq.), year 2004 to carry out the Support for East nish assistance to support the transition to there is authorized to be appropriated to the European Democracy (SEED) Act of 1989 (22 democracy and to long-term development in President for a voluntary contribution to the U.S.C. 5401 et seq.), and the Foreign Assist- accordance with the general authority con- United Nations Voluntary Fund for Victims ance Act of 1961 (22 U.S.C. 2151 et seq.). tained in section 491, including assistance of Torture $6,000,000 for fiscal year 2004. to— (b) AVAILABILITY.—Amounts appropriated under this section for the purposes specified (c) AUTHORIZATION OF APPROPRIATIONS FOR ‘‘(1) develop, strengthen, or preserve demo- in subsection (a)— DOMESTIC TREATMENT CENTERS FOR VICTIMS cratic institutions and processes; (1) are authorized to remain available until OF TORTURE.— ‘‘(2) revitalize basic infrastructure; and expended; (1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) foster the peaceful resolution of con- (2) are in addition to amounts otherwise Section 5(b)(1) of the Torture Victims Relief flict. available for such purposes; Act of 1998 (22 U.S.C. 2152 note) is amended to ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— read as follows: There is authorized to be appropriated to the (3) may be made available notwithstanding any other provision of law; and ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— President $55,000,000 for fiscal year 2004 to Of the amounts authorized to be appro- carry out this section. (4) shall be considered to be economic assistance under the Foreign Assistance Act of priated for the Department of Health and ‘‘(c) AVAILABILITY.—Amounts appropriated Human Services for fiscal year 2004, there is under this section for the purpose specified 1961 (22 U.S.C. 2151 et seq.) for purposes of making applicable the administrative au- authorized to be appropriated to carry out in subsection (b)— subsection (a) $20,000,000 for fiscal year ‘‘(1) are authorized to remain available thorities contained in that Act for the use of economic assistance. 2004.’’. until expended; and (2) EFFECTIVE DATE.—The amendment SEC. 2112. OPERATING EXPENSES OF THE ‘‘(2) are in addition to amounts otherwise made by paragraph (1) shall take effect Octo- available for such purpose.’’. UNITED STATES AGENCY FOR INTER- NATIONAL DEVELOPMENT. ber 1, 2003. SEC. 2109. FAMINE ASSISTANCE. (a) AUTHORIZATION OF APPROPRIATIONS.— SEC. 2114. SUPPORT REGARDING RURAL DEVEL- (a) AUTHORITY.—Chapter 9 of part I of the Section 667 of the Foreign Assistance Act of OPMENT CRISIS IN MEXICO. Foreign Assistance Act of 1961 (22 U.S.C. 2292 1961 (22 U.S.C. 2427) is amended— (a) SENSE OF CONGRESS.—It is the sense of et seq.), as amended by section 2520, is (1) in subsection (a)— Congress that— amended by adding at the end the following (A) by striking paragraph (1) and inserting (1) the United States should continue new section: the following: working closely with the Government of ‘‘SEC. 495. FAMINE ASSISTANCE. ‘‘(1) $750,400,000 for the fiscal year 2004 for Mexico to help minimize the impact of the ‘‘(a) AUTHORIZATION.—The President is au- necessary operating expenses of the United current rural development crisis in Mexico; thorized to provide assistance for famine pre- States Agency for International Develop- and vention and relief, including for famine pre- ment, of which $146,300,000 is authorized to be (2) that crisis creates a humanitarian, eco- vention and for mitigation of the effects of appropriated for overseas construction and nomic, and security imperative for the famine. related costs and for enhancement of infor- United States Government to support addi- ‘‘(b) AUTHORITIES.—Assistance authorized mation technology and related investments; tional programs focused on the underfunded by subsection (a) shall be provided in accord- and’’; and rural communities of Mexico.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.023 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13281

(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘$147,783,000’’ and all that follows and insert- (1) for the cost of modifying direct loans and There is authorized to be appropriated to the ing ‘‘$985,000,000 for fiscal year 2004, of which guarantees shall not be considered assistance President for fiscal year 2004, $100,000,000 for $700,000,000 is authorized to be appropriated for purposes of any provision of law limiting programs in Mexico that promote the fol- for the Andean Counterdrug Initiative.’’. assistance to a country. lowing: (b) AVAILABILITY OF FUNDS FOR COLOM- (3) LIMITATION.—The authority provided by (1) Micro credit lending. BIA.—That section is further amended by paragraph (1) shall be subject to the require- (2) Small business and entrepreneurial de- adding at the end the following new para- ments of section 634A of the Foreign Assist- velopment. graphs: ance Act of 1961. (3) Small farms and farmers that have been ‘‘(3) Notwithstanding any other provision (e) CLINTON SCHOLARS.—Of the amounts au- impacted by the collapse of coffee prices. of law, amounts authorized to be appro- thorized to be appropriated under section (4) Strengthening the system of private priated to carry out the purposes of section 532(a) of the Foreign Assistance Act of 1961 property ownership in the rural commu- 481 for fiscal year 2004, and amounts appro- (as amended by this Act), $3,000,000 is author- nities. priated for fiscal years before fiscal year 2004 ized to be appropriated for scholarships to Palestinians who are future private and pub- Subtitle B—Counternarcotics, Security As- for purposes of such section that remain available for obligation, may be used to fur- lic sector leaders and managers for graduate sistance, and Related Programs Authoriza- level education in the United States. Such tions nish assistance to the Government of Colom- bia— program shall be known as the ‘‘Clinton SEC. 2121. COMPLEX FOREIGN CONTINGENCIES. ‘‘(A) to support a unified campaign against Scholarship Program’’. Chapter 5 of part I of the Foreign Assist- narcotics trafficking and terrorist activities; SEC. 2124. INTERNATIONAL MILITARY EDU- ance Act of 1961 (22 U.S.C. 2261) is amended CATION AND TRAINING. and by adding at the end the following new sec- Section 542 of the Foreign Assistance Act ‘‘(B) to take actions to protect human tion: of 1961 (22 U.S.C. 2347a) is amended by strik- health and welfare in emergency cir- ing ‘‘There are authorized’’ and all that fol- ‘‘SEC. 452. COMPLEX FOREIGN CRISES CONTIN- cumstances, including undertaking rescue GENCY FUND. lows through ‘‘fiscal year 1987’’ and inserting operations. ‘‘(a) ESTABLISHMENT OF FUND.—There is ‘‘There is authorized to be appropriated to ‘‘(4) Assistance furnished to the Govern- hereby established on the books of the Treas- the President to carry out the purposes of ment of Colombia under this section— ury a fund to be known as the Complex For- this chapter $91,700,000 for the fiscal year ‘‘(A) shall be subject to the limitations on eign Crises Contingency Fund (in this sec- 2004’’. the assignment of United States personnel in tion referred to as the ‘Fund’) for the pur- SEC. 2125. PEACEKEEPING OPERATIONS. Colombia under subsections (b) through (d) pose described in subsection (b). Section 552(a) of the Foreign Assistance of section 3204 of the Emergency Supple- ‘‘(b) PURPOSE.—The purpose of the Fund is Act of 1961 (22 U.S.C. 2348a(a)) is amended by mental Act, 2000 (division B of Public Law to provide the President with increased flexi- striking ‘‘There are authorized’’ and all that 106–246; 114 Stat. 576); bility to respond to complex foreign crises, follows through ‘‘fiscal year 1987’’ and insert- ‘‘(B) shall be subject to the condition that including the ability— ing ‘‘There is authorized to be appropriated no United States Armed Forces personnel ‘‘(1) to provide support for peace and hu- to the President to carry out the purposes of and no employees of United States contrac- manitarian intervention operations; and this chapter, in addition to amounts other- tors participate in any combat operation in ‘‘(2) to prevent or respond to foreign terri- wise available for such purposes, $101,900,000 connection with such assistance; and torial disputes, armed ethnic or civil con- for the fiscal year 2004’’. ‘‘(C) shall be subject to the condition that flicts that pose threats to regional or inter- SEC. 2126. NONPROLIFERATION, ANTI-TER- the Government of Colombia is fulfilling its national peace, and acts of ethnic cleansing, RORISM, DEMINING, AND RELATED commitment to the United States with re- ASSISTANCE. mass killings, and genocide. spect to its human rights practices, includ- (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) ELEMENTS.—The Fund shall consist of ing the specific conditions set forth in sub- There is authorized to be appropriated to the amounts authorized to be appropriated to paragraphs (A) through (E) of section President for fiscal year 2004, $485,200,000 for the Fund under subsection (g). 564(a)(2) of the Foreign Operations, Export Nonproliferation, Anti-Terrorism, Demining, ‘‘(d) AUTHORITY TO FURNISH ASSISTANCE.— and Related Programs for the purpose of car- (1) Notwithstanding any other provision of Financing, and Related Programs Appropria- tions Act, 2003 (division E of Public Law 108– rying out nonproliferation, anti-terrorism, law, whenever the President determines it to demining, and related programs and activi- be important to the national interests of the 7; 117 Stat. 205).’’. SEC. 2123. ECONOMIC SUPPORT FUND. ties under— United States, the President is authorized to (1) chapter 8 of part II of the Foreign As- (a) AUTHORIZATION OF APPROPRIATIONS.— furnish assistance using amounts in the sistance Act of 1961 (22 U.S.C. 2349aa et seq.); Section 532(a) of the Foreign Assistance Act Fund for the purpose of responding to a com- (2) chapter 9 of part II of the Foreign As- of 1961 (22 U.S.C. 2346a(a)) is amended to read plex foreign crisis. sistance Act of 1961 (22 U.S.C. 2349bb et seq.); as follows: ‘‘(2) The authority to furnish assistance (3) section 551 of the Foreign Assistance ‘‘(a) There is authorized to be appropriated under paragraph (1) for the purpose specified Act of 1961 (22 U.S.C. 2348), as amended by to the President to carry out the purposes of in that paragraph is in addition to any other section 2212 of this Act, to the extent such authority under law to furnish assistance for this chapter $2,535,000,000 for fiscal year assistance is used for activities identified in that purpose. 2004.’’. the last sentence of that section, including ‘‘(e) LIMITATION ON USE OF FUNDS.—No (b) AUTHORIZATION OF ASSISTANCE FOR not to exceed $675,000 for administrative ex- amounts in the Fund shall be available to re- ISRAEL.—Section 513(b)(1) of the Security As- penses related to such activities, which spond to natural disasters. sistance Act of 2000 (Public Law 106–280; 114 amount shall be in addition to funds other- ‘‘(f) NOTICE OF EXERCISE OF AUTHORITY.— Stat. 856), as amended by section 1221(a) of wise made available for such purposes; The President shall notify the Committee on the Foreign Relations Authorization Act, (4) section 504 of the FREEDOM Support Foreign Relations and the Committee on Ap- Fiscal Year 2003 (Public Law 107–228; 116 Act (22 U.S.C. 5854) and programs under the propriations of the Senate and the Com- Stat. 1430), is further amended by striking Nonproliferation and Disarmament Fund to mittee on International Relations and the ‘‘fiscal years 2002 and 2003’’ and inserting promote bilateral and multilateral activities Committee on Appropriations of the House ‘‘fiscal years 2003 and 2004’’. relating to nonproliferation and disar- of Representatives at least 5 days before (c) AUTHORIZATION OF ASSISTANCE FOR mament, notwithstanding any other provi- each exercise of the authority in this section EGYPT.—Section 514(b)(1) of the Security As- sion of law, including, when in the national in accordance with procedures applicable to sistance Act of 2000 (Public Law 106–280), as security interests of the United States, with reprogramming notifications pursuant to amended by section 1221(b) of the Foreign respect to international organizations and section 634A. Relations Authorization Act, Fiscal Year countries other than the independent states ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 2003 (Public Law 107–228; 116 Stat. 1430), is of the former Soviet Union; (1) There is authorized to be appropriated to further amended by striking ‘‘fiscal years (5) section 23 of the Arms Export Control the President for fiscal year 2004 such sums 2002 and 2003’’ and inserting ‘‘fiscal years 2003 Act (22 U.S.C. 2763), for demining activities, as may be necessary to carry out this sec- and 2004’’. the clearance of unexploded ordnance, the tion. (d) ASSISTANCE FOR PAKISTAN.— destruction of small arms, and related ac- ‘‘(2) Amounts appropriated pursuant to the (1) IN GENERAL.—Of the funds authorized to tivities, notwithstanding any other provision authorization of appropriations in paragraph be appropriated to carry out chapter 4 of of law; (1) shall be deposited in the Fund. part II of the Foreign Assistance Act of 1961 (6) section 301 of the Foreign Assistance ‘‘(3) Amounts appropriated pursuant to the for fiscal year 2004, $200,000,000 may be made Act of 1961 (22 U.S.C. 2221); authorization of appropriations in paragraph available for assistance for Pakistan, of (7) the Radiological Terrorism Threat Re- (1) shall remain available until expended.’’. which up to $200,000,000 may be made avail- duction Act of 2003 under title XII of this SEC. 2122. INTERNATIONAL NARCOTICS CON- able for the costs, as defined in section 502 of Act; and TROL AND LAW ENFORCEMENT. the Congressional Budget Act of 1974, of (8) the Global Pathogen Surveillance Act (a) AUTHORIZATION OF APPROPRIATIONS FOR modifying direct loans and guarantees for of 2003 under title XIII of this Act. FISCAL YEAR 2004.—Paragraph (1) of section Pakistan. (b) AVAILABILITY.—Amounts appropriated 482(a) of the Foreign Assistance Act of 1961 (2) TREATMENT OF CERTAIN ASSISTANCE.— under this section for the purpose specified (22 U.S.C. 2291a(a)) is amended by striking The amount made available under paragraph in subsection (a)—

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.023 S27PT1 S13282 CONGRESSIONAL RECORD — SENATE October 27, 2003 (1) are authorized to remain available until Subtitle D—Multilateral Development Bank measure results, and that the results be pub- expended; and Authorizations lished periodically during the performance of (2) are in addition to amounts otherwise SEC. 2141. CONTRIBUTION TO THE SEVENTH RE- the project or program and at its comple- available for that purpose. PLENISHMENT OF THE ASIAN DE- tion. VELOPMENT FUND. ‘‘(2) IMPLEMENTATION.—The Secretary of SEC. 2127. FOREIGN MILITARY FINANCING PRO- the Treasury should instruct each United GRAM. The Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at States Executive Director at a multilateral (a) AUTHORIZATION OF APPROPRIATIONS.— the end the following new section: development institution— There is authorized to be appropriated to the ‘‘SEC. 31. SEVENTH REPLENISHMENT. ‘‘(A) to inform the multilateral develop- President for grant assistance under section ‘‘(a) AUTHORIZATION TO CONTRIBUTE.—The ment institution of the policy set out in sub- 23 of the Arms Export Control Act (22 U.S.C. United States Governor of the Bank is au- paragraphs (A) through (E) of paragraph (1); 2763), $4,414,000,000 for fiscal year 2004. thorized to contribute, on behalf of the and United States, $412,000,000 to the seventh re- ‘‘(B) to work to implement the policy at (b) ASSISTANCE FOR ISRAEL.—Section 513 of the multilateral development institution not the Security Assistance Act of 2000 (Public plenishment of the Asian Development Fund, a special fund of the Bank, except that any later than the scheduled conclusion of the Law 106–280; 114 Stat. 856), as amended by commitment to make the contribution au- thirteenth replenishment of the Inter- section 1221(a) of the Foreign Relations Au- thorized by this subsection shall be made national Development Association on June thorization Act, Fiscal Year 2003 (Public Law subject to obtaining the necessary appropria- 30, 2005. 107–228; 116 Stat. 1430), is further amended— tions. ‘‘(3) BRIEFING.—The Secretary of the Treas- (1) in subsection (c)(1), by striking ‘‘fiscal ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ury should brief, or send a representative of years 2002 and 2003’’ and inserting ‘‘fiscal In order to pay for the United States con- the Department of the Treasury to brief, the years 2003 and 2004’’; tribution authorized by subsection (a), there appropriate congressional committees, at (2) in subsection (c)(3), by striking ‘‘Funds is authorized to be appropriated without fis- the request of such committees, on the ac- authorized’’ and all that follows through cal year limitation, $412,000,000 for payment tions taken by each United States Executive ‘‘later.’’ and inserting ‘‘Funds authorized to by the Secretary of the Treasury.’’. Director at a multilateral development insti- be available for Israel under subsection (b)(1) SEC. 2142. CONTRIBUTION TO THE THIRTEENTH tution or by personnel of such institutions to and paragraph (1) for fiscal year 2004 shall be REPLENISHMENT OF THE INTER- implement the policy set out in subpara- disbursed not later than 30 days after the NATIONAL DEVELOPMENT ASSOCIA- graphs (A) through (E) of paragraph (1). date of enactment of an Act making appro- TION. ‘‘(4) PUBLIC DISSEMINATION BY THE SEC- priations for foreign operations, export fi- The International Development Associa- RETARY OF THE TREASURY.—The Secretary of nancing, and related programs for fiscal year tion Act (22 U.S.C. 284 et seq.) is amended by the Treasury should make available on the 2004, or October 31, 2004, whichever is later.’’; adding at the end the following new section: website of the Department of the Treasury— and ‘‘SEC. 22. THIRTEENTH REPLENISHMENT. ‘‘(A) not later than 60 days after the date (3) in subsection (c)(4)— ‘‘(a) AUTHORIZATION TO CONTRIBUTE.—The of a meeting of a Board of Directors, any (A) by striking ‘‘fiscal years 2002 and 2003’’ United States Governor is authorized to con- written statement presented by a United and inserting ‘‘fiscal years 2003 and 2004’’; tribute, on behalf of the United States, States Executive Director at such meeting and $2,850,000,000 to the thirteenth replenishment related to a project for which— (B) by striking ‘‘$535,000,000 for fiscal year of the Association, except that any commit- ‘‘(i) a claim has been made to the multilat- 2002 and not less than $550,000,000 for fiscal ment to make the contribution authorized eral development institution’s inspection year 2003’’ and inserting ‘‘$550,000,000 for fis- by this subsection shall be made subject to mechanism; or cal year 2003 and not less than $565,000,000 for obtaining the necessary appropriations. ‘‘(ii) Board of Directors decisions on in- fiscal year 2004’’. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— spection mechanism cases are being taken; and (c) ASSISTANCE FOR EGYPT.—Section 514 of In order to pay for the United States con- ‘‘(B) a record of all votes or abstentions the Security Assistance Act of 2000 (Public tribution authorized by subsection (a), there made by a United States Executive Director Law 106–280; 114 Stat. 857), as amended by is authorized to be appropriated without fiscal year limitation, $2,850,000,000 for pay- on matters before a Board of Directors, on a section 1221(b) of the Foreign Relations Au- monthly basis. thorization Act, Fiscal Year 2003 (116 Stat. ment by the Secretary of the Treasury. ‘‘(c) TRANSPARENCY.— ‘‘(d) DEFINITIONS.—In this section: 1430), is further amended— ‘‘(1) POLICY.—It is the policy of the United ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- (1) in subsection (c) by striking ‘‘fiscal States that each multilateral development TEES.—The term ‘appropriate congressional years 2002 and 2003’’ and inserting ‘‘fiscal institution that has a United States Execu- committees’ means the Committee on For- years 2003 and 2004’’; and tive Director should— eign Relations of the Senate and the Com- (2) in subsection (e), by striking ‘‘Funds es- ‘‘(A) not later than 60 days after the date mittee on Financial Services of the House of timated’’ and all that follows through ‘‘of on which the minutes of a meeting of the Representatives. the respective fiscal year, whichever is Board of Directors are approved, post the ‘‘(2) BOARD OF DIRECTORS.—The term later’’ and inserting the following: ‘‘Funds minutes on the website of the multilateral ‘Board of Directors’ means the Board of Di- estimated to be outlayed for Egypt under development institution, with any material rectors of a multilateral development insti- subsection (c) during fiscal year 2004 shall be deemed too sensitive for public dissemina- tution. disbursed to an interest-bearing account for tion redacted; ‘‘(3) MULTILATERAL DEVELOPMENT INSTITU- Egypt in the Federal Reserve Bank of New ‘‘(B) for a period of at least 10 years begin- TION.—The term ‘multilateral development York not later than 30 days after the date of ning on the date of a meeting of a Board of institution’ has the meaning given such term enactment of an Act making appropriations Directors, keep and preserve a written tran- in section 1701(c)(3) of the International Fi- for foreign operations, export financing, and script or electronic recording of such meet- nancial Institutions Act (22 U.S.C. related programs for fiscal year 2004, or by ing; 262r(c)(3)).’’. October 31, 2003, whichever is later’’. ‘‘(C) not later than the later of 15 days SEC. 2143. CONTRIBUTION TO THE NINTH RE- Subtitle C—Independent Agencies prior to the date on which a Board of Direc- PLENISHMENT OF THE AFRICAN DE- Authorizations tors will consider for endorsement or ap- VELOPMENT FUND. proval any public sector loan document, The African Development Fund Act (22 SEC. 2131. INTER-AMERICAN FOUNDATION. country assistance strategy, sector strategy, U.S.C. 290g et seq.) is amended by adding at Section 401(s)(2) of the Foreign Assistance or sector policy prepared by a multilateral the end the following new section: Act of 1969 (22 U.S.C. 290f(s)(2)) is amended by development institution or the date such documents are distributed to the Board, ‘‘SEC. 217. NINTH REPLENISHMENT. striking ‘‘There are authorized to be appro- make such documents available to the pub- ‘‘(a) AUTHORIZATION TO CONTRIBUTE.—The priated $28,000,000 for fiscal year 1992 and lic, with any material deemed too sensitive United States Governor of the Fund is au- $31,000,000 for fiscal year 1993’’ and inserting for public dissemination redacted; thorized to contribute, on behalf of the ‘‘There is authorized to be appropriated ‘‘(D) make available on the website of the United States, $354,000,000 to the ninth re- $15,185,000 for fiscal year 2004’’. multilateral development institution an an- plenishment of the Fund, except that any commitment to make the contribution au- SEC. 2132. AFRICAN DEVELOPMENT FOUNDA- nual report that contains statistical sum- TION. maries and case studies of the fraud and cor- thorized by this subsection shall be made ruption cases pursued by the investigations subject to obtaining the necessary appropria- The first sentence of section 510 of the unit of the multilateral development institutions. International Security and Development Co- tion; and ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— operation Act of 1980 (22 U.S.C. 290h–8) is ‘‘(E) require that any health, education, or In order to pay for the United States con- amended by striking ‘‘$3,872,000 for fiscal poverty-focused loan, credit, grant, docu- tribution authorized by subsection (a), there year 1986 and $3,872,000 for fiscal year 1987’’ ment, policy or strategy prepared by the is authorized to be appropriated, without fis- and inserting ‘‘$17,689,000 for fiscal year multilateral development institution include cal year limitation, $354,000,000 for payment 2004’’. specific outcome and output indicators to by the Secretary of the Treasury.’’.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.024 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13283 Subtitle E—Authorization for Iraq Relief and of 1961 (22 U.S.C. 2394–1) shall apply to the as- House of Representatives a report containing Reconstruction sistance and other financing described in a summary of all licenses approved for the SEC. 2151. AUTHORIZATION OF ASSISTANCE FOR subsection (a), except that the notification export to Iraq of any item on the Commerce RELIEF AND RECONSTRUCTION EF- required by subsection (a) of such section Control List contained in supplement 1 to FORTS. with respect to an obligation of funds shall part 774 of title 15, Code of Federal Regula- (a) AUTHORIZATION.—The President is au- be transmitted not later than 5 days in ad- tions, under the Export Administration Reg- thorized to make available from the Iraq Re- vance of the obligation. ulations, including the identification of the lief and Reconstruction Fund established SEC. 2154. INAPPLICABILITY OF CERTAIN RE- end users of such items. under the Emergency Wartime Supplemental STRICTIONS. SEC. 2155. TERMINATION OF AUTHORITIES. Appropriations Act, 2003 (Public Law 108–11), (a) IRAQ SANCTIONS ACT.— The authorities contained in section 2153 $2,475,000,000 for fiscal year 2003 for the pur- (1) AUTHORITY TO SUSPEND.—The President and in subsections (a), (b), and (c) of section poses of providing humanitarian assistance may suspend the application of any provision 2154 shall expire on the date that is 2 years in and around Iraq and carrying out the pur- of the Iraq Sanctions Act of 1990 (50 U.S.C. after the date of the enactment of this Act. poses of the Foreign Assistance Act of 1961 1701 note). (2) EXCEPTION.—Nothing in this section TITLE XXII—AMENDMENTS TO GENERAL (22 U.S.C. 2151 et seq.) with respect to the re- FOREIGN ASSISTANCE AUTHORITIES habilitation and reconstruction in Iraq. shall otherwise affect the applicability of the (b) AUTHORIZED USES OF ASSISTANCE.—As- Iran-Iraq Arms Non-Proliferation Act of 1992 Subtitle A—Foreign Assistance Act sistance made available under subsection (a) (50 U.S.C. 1701 note), except that such Act Amendments and Related Provisions may include funds for costs related to— shall not apply to humanitarian assistance SEC. 2201. DEVELOPMENT POLICY. (1) infrastructure related to water and and supplies. Section 102(b) of the Foreign Assistance sanitation services; (b) INAPPLICABILITY OF TERRORIST STATE Act of 1961 (22 U.S.C. 2151–1(b)) is amended— (2) food and food distribution; RESTRICTIONS.—The President may make in- (1) in paragraph (5), by— (3) the support of relief efforts related to applicable with respect to Iraq section 620A (A) striking ‘‘development; and’’ and in- refugees, internally displaced persons, and of the Foreign Assistance Act of 1961 (22 serting ‘‘development;’’; and vulnerable individuals, including assistance U.S.C. 2371) and any other provisions of law (B) inserting before the period at the end for families of innocent Iraqi civilians who that apply to countries that have provided the following: ‘‘; democracy and the rule of suffer losses as a result of military oper- support for terrorism. law; and economic growth and the building (c) EXPORT OF NONLETHAL MILITARY EQUIP- ations; of trade capacity’’; and MENT.— (4) electricity; (2) by adding at the end the following new (1) AUTHORITY.—Notwithstanding any (5) health care; paragraph: other provision of law except section 36(c) of (6) telecommunications; ‘‘(18) The United States development as- the Arms Export Control Act (22 U.S.C. (7) the development and implementation of sistance program should take maximum ad- 2776(c)), the President may authorize the ex- economic and financial policy; vantage of the increased participation of port to Iraq of any nonlethal military equip- (8) education; United States private foundations, business ment designated on the United States Muni- (9) transportation; enterprises, and private citizens in funding tions List and controlled under the Inter- (10) reforms to strengthen the rule of law international development activities. The national Trafficking in Arms Regulations es- and introduce and reinforce the principles program should utilize the development ex- tablished pursuant to section 38 of the Arms and institutions of good governance; perience and expertise of its personnel, its Export Control Act (22 U.S.C. 2778), if, not (11) humanitarian demining; and access to host-country officials, and its over- later than 5 days prior to such export, the (12) agriculture. seas presence to facilitate public-private al- President determines and notifies the Com- (c) REIMBURSEMENT.—Funds made avail- liances and to leverage private sector re- mittee on Appropriations and the Committee able under subsection (a) may be used to resources toward the achievement of develop- on Foreign Relations of the Senate and the imburse accounts administered by the Sec- ment assistance objectives.’’. Committee on Appropriations and the Com- retary of State, the Secretary of the Treas- mittee on International Relations of the SEC. 2202. ASSISTANCE FOR NONGOVERNMENTAL ury, or the Administrator of the United House of Representatives that the export of ORGANIZATIONS. States Agency for International Develop- such nonlethal military equipment is in the Section 123(e) of the Foreign Assistance ment for any amounts expended from each national interest of the United States. Act of 1961 (22 U.S.C. 2151u(e)) is amended to such account to provide humanitarian assist- read as follows: (2) NONAPPLICABILITY OF LIMITATION.—The ance in and around Iraq or for carrying out determination and notification requirement ‘‘(e)(1) Restrictions contained in this or the purposes of the Foreign Assistance Act under paragraph (1) shall not apply to mili- any other Act with respect to assistance for of 1961 (22 U.S.C. 2151 et seq.) with respect to tary equipment designated by the Secretary a country shall not be construed to restrict the rehabilitation and reconstruction in Iraq of State for use by a reconstituted or interim assistance in support of programs of non- prior to the date of the enactment of this Iraqi military or police force. governmental organizations from— Act if such amounts have not been reim- (d) INTERNATIONAL ORGANIZATION ACTIVI- ‘‘(A) funds made available to carry out this bursed with funds from any other source. TIES WITH RESPECT TO IRAQ.— chapter and chapters 10, 11, and 12 of part I (d) POLICY.—It is the policy of the United (1) INTERNATIONAL ORGANIZATIONS AND PRO- (22 U.S.C. 2293 et seq.) and chapter 4 of part States to work toward the full and active GRAMS.—Section 307 of the Foreign Assist- II (22 U.S.C. 2346 et seq.); or participation of women in the reconstruction ance Act of 1961 (22 U.S.C. 2227) shall not ‘‘(B) funds made available for economic as- of Iraq by promoting the involvement of apply with respect to international organiza- sistance activities under the Support for women in— tion programs for Iraq. East European Democracy (SEED) Act of (1) all levels of the government in Iraq and (2) INTERNATIONAL FINANCIAL INSTITU- 1989 (22 U.S.C. 5401 et seq.). its decision-making institutions; TIONS.—Provisions of law that direct the ‘‘(2) The President shall submit to Con- (2) the planning and distribution of assist- United States Government to vote against or gress, in accordance with section 634A (22 ance, including food aid; and oppose loans or other uses of funds from an U.S.C. 2394–1), advance notice of an intent to (3) job promotion and training programs. international financial institution, including obligate funds under the authority of this SEC. 2152. REPORTING AND CONSULTATION. for financial or technical assistance, shall subsection to furnish assistance in support of Any report required to be submitted to, not apply in the case of Iraq. programs of nongovernmental organizations. and any consultation required to be engaged (e) NOTIFICATION OF EXERCISE OF AUTHORI- ‘‘(3) Assistance may not be furnished in with, the Committee on Appropriations of TIES.— through nongovernmental organizations to the Senate and the Committee on Appropria- (1) NOTIFICATION.—Except as provided in the central government of a country under tions of the House of Representatives under subsection (c)(2), the President shall, not the authority of this subsection, but assist- the Emergency Wartime Supplemental Ap- later than 5 days prior to exercising any of ance may be furnished to local, district, or propriations Act, 2003 (Public Law 108–11) the authorities under or referred to in this subnational government entities under such with respect to funds appropriated to carry section, submit a notification of such exer- authority.’’. out section 2151 shall also be submitted to cise of authority to the Committee on Ap- SEC. 2203. AUTHORITY FOR USE OF FUNDS FOR and engaged in with, respectively, the Com- propriations and the Committee on Foreign UNANTICIPATED CONTINGENCIES. mittee on Foreign Relations of the Senate Relations of the Senate and the Committee Section 451(a)(1) of the Foreign Assistance and the Committee on International Rela- on Appropriations and the Committee on Act of 1961 (22 U.S.C. 2261(a)(1)) is amended— tions of the House of Representatives. International Relations of the House of Rep- (1) by inserting ‘‘or the Arms Export Con- SEC. 2153. SPECIAL ASSISTANCE AUTHORITY. resentatives. trol Act (22 U.S.C. 2751 et seq.)’’ after ‘‘chap- (a) IN GENERAL.—Except as provided in (2) REPORTING REQUIREMENT.—Not later ter 1 of this part)’’; and subsection (b), assistance and other financ- than June 15, 2003, and every 90 days there- (2) by striking ‘‘$25,000,000’’ and inserting ing under this or any other Act may be pro- after, the President shall submit to the Com- ‘‘$50,000,000’’. vided to Iraq notwithstanding any other pro- mittee on Appropriations and the Committee SEC. 2204. AUTHORITY TO ACCEPT LETHAL EX- vision of law. on Foreign Relations of the Senate and the CESS PROPERTY. (b) NOTIFICATION OF PROGRAM CHANGES.— Committee on Appropriations and the Com- Section 482(g) of the Foreign Assistance Section 634A of the Foreign Assistance Act mittee on International Relations of the Act of 1961 (22 U.S.C. 2191a(g)) is amended—

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(1) by striking ‘‘(g) EXCESS PROPERTY.— by the United States, and other items of (A) Most landmines in Afghanistan were For’’ and inserting the following: value. laid between 1980 and 1992. ‘‘(g) EXCESS PROPERTY.— (c) ADVANCE NOTIFICATION OF TRANSFERS.— (B) Additional landmines were laid be- ‘‘(1) AUTHORITY.—For’’; Not later than 30 days before making a tween 1992 and 1996, during the conflict be- (2) by striking ‘‘nonlethal’’ and inserting transfer under the authority of this section, tween the Taliban and the Northern Alli- ‘‘(including lethal or nonlethal property)’’; the President shall transmit a notification of ance. and the proposed transfer to the Committees on (C) United States bombings against the (3) by adding at the end the following new Foreign Relations and Armed Services of the Taliban in 2001 and 2002 further increased the paragraph: Senate and the Committees on International unexploded ordinance and cluster bombs ‘‘(2) NOTIFICATION.—Before obligating any Relations and Armed Services of the House throughout Afghanistan. funds to obtain lethal excess property under of Representatives. The notification shall (D) The clearance of landmines is a slow paragraph (1), the Secretary shall submit a identify the items to be transferred and the and expensive process. notification of such action to Congress in ac- concessions to be received. (E) Certain types of landmines and other cordance with the procedures set forth in (d) EXPIRATION OF AUTHORITY.—No transfer unexploded ordinance are small, brightly section 634A.’’. may be made under the authority of this sec- colored, and attractive to children. SEC. 2205. RECONSTRUCTION ASSISTANCE tion more than 5 years after the date of the (F) More than 150 Afghans, many of them UNDER INTERNATIONAL DISASTER enactment of this Act. children, are injured every month by these ASSISTANCE AUTHORITY. SEC. 2209. ADDITIONS TO WAR RESERVE STOCK- weapons. Section 491 of the Foreign Assistance Act PILES FOR ALLIES FOR FISCAL YEAR (G) In 2003, reconstituted Taliban forces of 1961 (22 U.S.C. 2292) is amended— 2004. have sought out and attacked workers clear- (1) in subsection (a), by striking ‘‘assist- Section 514(b)(2) of the Foreign Assistance ing landmines, in an attempt to discredit the ance for the relief and rehabilitation of’’ and Act of 1961 (22 U.S.C. 2321h(b)(2)) is amend- Government of President Karzai and the inserting ‘‘relief, rehabilitation, and recon- ed— United States military presence. struction assistance for’’; (1) in subparagraph (A), by striking ‘‘for (H) In May 2003, after a string of Taliban (2) in subsection (b), by striking ‘‘relief and fiscal year 2003’’ and inserting ‘‘for each of attacks in which mine removal workers were rehabilitation’’ and inserting ‘‘relief, reha- fiscal years 2003 and 2004’’; and killed or seriously injured, the United Na- bilitation, and reconstruction’’; and (2) in subparagraph (B), by striking ‘‘for tions suspended all mine-clearing operations (3) in subsection (c), by striking ‘‘relief and fiscal year 2003’’ and inserting ‘‘for a fiscal in much of southern Afghanistan. rehabilitation’’ and inserting ‘‘relief, reha- year’’. (I) Effective landmine awareness programs bilitation, and reconstruction assistance’’. SEC. 2210. RESTRICTIONS ON ECONOMIC SUP- targeted to children could save lives in Af- SEC. 2206. FUNDING AUTHORITIES FOR ASSIST- PORT FUNDS FOR LEBANON. ghanistan and in other areas of conflict ANCE FOR THE INDEPENDENT Section 1224 of the Foreign Relations Au- where unexploded ordinance are a danger to STATES OF THE FORMER SOVIET thorization Act, Fiscal Year 2003 (Public Law the safety of children. UNION. 107–228, 116 Stat. 1432; 22 U.S.C. 2346 note) is (2) AUTHORIZATION.—The President is au- Chapter 11 of part I of the Foreign Assist- amended by adding at the end the following thorized to furnish assistance to fund inno- ance Act of 1961 (22 U.S.C. 2295 et seq.) is subsection: vative programs designed to educate chil- amended— ‘‘(c) EXCEPTION.—Subsection (a) does not dren in Afghanistan and other affected areas (1) in section 498B(j)(1) (22 U.S.C. apply to assistance made available to ad- about the dangers of landmines and other 2295b(j)(1))— dress the needs of southern Lebanon.’’. unexploded ordinances, especially those pro- (A) by striking ‘‘authorized to be appro- SEC. 2211. ADMINISTRATION OF JUSTICE. posed by organizations with extensive back- priated for fiscal year 1993 by’’ and inserting Section 534 of the Foreign Assistance Act ground in children’s educational programs. ‘‘made available to carry out’’; and of 1961 (22 U.S.C. 2346c) is amended— (3) AUTHORIZATION OF APPROPRIATIONS.—In (B) by striking ‘‘appropriated for fiscal (1) in subsection (a), by striking ‘‘in coun- addition to funds otherwise authorized to be year 1993’’; and tries in Latin America and the Caribbean’’; appropriated for demining and related activi- (2) in section 498C(b)(1) (22 U.S.C. (2) in subsection (b)(3)— ties under the Foreign Assistance Act of 1961 2295c(b)(1)), by striking ‘‘under subsection (A) in subparagraph (C), by striking ‘‘and’’; (22 U.S.C. 2151 et seq.), there are authorized (a)’’ and inserting ‘‘to carry out this chap- (B) in subparagraph (D), by inserting to be appropriated for fiscal year 2004 such ter’’. ‘‘and’’; and sums as may be necessary to carry out the SEC. 2207. WAIVER OF NET PROCEEDS RESULT- (C) by adding at the end the following new purposes of this subsection. ING FROM DISPOSAL OF UNITED subparagraph: SEC. 2213. SPECIAL WAIVER AUTHORITY. STATES DEFENSE ARTICLES PRO- ‘‘(E) programs to enhance the protection of VIDED TO A FOREIGN COUNTRY ON (a) REVISION OF AUTHORITY.—Section 614 of A GRANT BASIS. participants in judicial cases;’’; the Foreign Assistance Act of 1961 (22 U.S.C. Section 505(f) of the Foreign Assistance (3) by striking subsection (c); 2364) is amended in subsection (a) by— Act of 1961 (22 U.S.C. 2314(f)) is amended by (4) in subsection (e), by striking the second (1) striking paragraphs (1) and (2) and in- striking ‘‘In the case of items which were de- and third sentences; and serting ‘‘(1) The President may authorize livered prior to 1985, the’’ in the second sen- (5) by redesignating subsections (d) and (e) any assistance, sale, or other action under tence and inserting ‘‘The’’. as subsections (c) and (d), respectively. this Act, the Arms Export Control Act (22 SEC. 2208. TRANSFER OF CERTAIN OBSOLETE OR SEC. 2212. DEMINING PROGRAMS. U.S.C. 2751 et seq.), or any other law that au- SURPLUS DEFENSE ARTICLES IN (a) CLARIFICATION OF AUTHORITY.—Section thorizes the furnishing of foreign assistance THE WAR RESERVE STOCKPILES 551 of the Foreign Assistance Act of 1961 (22 or the appropriation of funds for foreign as- FOR ALLIES TO ISRAEL. U.S.C. 2348) is amended— sistance, without regard to any of the provi- (a) TRANSFERS FOR CONCESSIONS.— (1) in the second sentence, by striking sions described in subsection (b) if the Presi- (1) AUTHORITY.—Notwithstanding section ‘‘Such assistance may include reimburse- dent determines, and notifies the Commit- 514 of the Foreign Assistance Act of 1961 (22 ments’’ and inserting ‘‘Such assistance may tees on Foreign Relations and Appropria- U.S.C. 2231h), the President may transfer to include the following: tions of the Senate and the Committees on Israel, in exchange for concessions to be ne- ‘‘(1) Reimbursements’’; and International Relations and Appropriations gotiated by the Secretary of Defense, with (2) by adding at the end the following: of the House of Representatives in writing— the concurrence of the Secretary of State, ‘‘(2) Demining activities, clearance of ‘‘(A) with respect to assistance or other ac- any or all of the items described in para- unexploded ordnance, destruction of small tions under chapter 2 or 5 of part II of this graph (2). arms, and related activities, notwith- Act, or sales or other actions under the Arms (2) COVERED ITEMS.—The items referred to standing any other provision of law.’’. Export Control Act (22 U.S.C. 2751 et seq.), in paragraph (1) are armor, artillery, auto- (b) DISPOSAL OF DEMINING EQUIPMENT.— that to do so is vital to the national security matic weapons ammunition, missiles, and Notwithstanding any other provision of law, interests of the United States; and other munitions that— demining equipment available to the United ‘‘(B) with respect to other assistance or ac- (A) are obsolete or surplus items; States Agency for International Develop- tions, that to do so is important to the secu- (B) are in the inventory of the Department ment and the Department of State and used rity interests of the United States.’’; and of Defense; in support of the clearance of landmines and (2) redesignating paragraphs (3), (4), and (5) (C) are intended for use as reserve stocks unexploded ordnance for humanitarian pur- as paragraphs (2), (3), and (4), respectively. for Israel; and poses, may be disposed of on a grant basis in (b) INCREASED LIMITATION ON SINGLE COUN- (D) as of the date of enactment of this Act, foreign countries, subject to such terms and TRY ALLOCATION.—Subsection (a)(3)(C) of are located in a stockpile in Israel. conditions as the President determines ap- such section, as redesignated, is amended by (b) VALUE OF CONCESSIONS.—The value of propriate. striking ‘‘$50,000,000’’ and inserting concessions negotiated pursuant to sub- (c) LANDMINE AWARENESS PROGRAM FOR THE ‘‘$75,000,000’’. section (a) shall be at least equal to the fair CHILDREN OF AFGHANISTAN AND OTHER CHIL- (c) REPEAL OF PROVISIONS RELATING TO market value of the items transferred. The DREN AT RISK IN AREAS OF CONFLICT.— GERMANY AND A CERTIFICATION REQUIRE- concessions may include cash compensation, (1) FINDINGS.—Congress makes the fol- MENT.—Section 614 of such Act is further services, waiver of charges otherwise payable lowing findings: amended by striking subsections (b) and (c).

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(d) INAPPLICABLE OR WAIVABLE LAWS.— health or welfare, but such notification shall assistance and submits to the committees of Such section, as amended by subsection (c), be provided to the committees of Congress the Congress referred to in subsection (a) of is further amended by adding at the end the named in subsection (a) not later than 3 days section 634A of this Act (22 U.S.C. 2394–1) an following: after the action is taken; or advance notification of the obligation of ‘‘(b) INAPPLICABLE OR WAIVABLE LAWS.— ‘‘(4) of funds made available under section funds for such assistance in accordance with The provisions referred to in paragraphs (1) 23 of the Arms Export Control Act (22 U.S.C. such section 634A.’’. and (2) of subsection (a) are those set forth in 2763) for the provision of major defense SEC. 2222. SPECIAL DEBT RELIEF FOR THE POOR- any of the following: equipment (other than conventional ammu- EST. ‘‘(1) Any provision of this Act. nition), aircraft, ships, missiles, or combat The Foreign Assistance Act of 1961 is ‘‘(2) Any provision of the Arms Export Con- vehicles in quantities not in excess of 20 per- amended by adding at the end the following: trol Act (22 U.S.C. 2751 et seq.). cent of the quantities previously justified ‘‘(3) Any provision of law that authorizes under section 25 of such Act (22 U.S.C. ‘‘PART VI—SPECIAL DEBT RELIEF FOR the furnishing of foreign assistance or appro- 2765).’’. THE POOREST priates funds for foreign assistance. SEC. 2218. COMMITMENTS FOR EXPENDITURES ‘‘SEC. 901. SPECIAL DEBT RELIEF FOR THE POOR- ‘‘(4) Any other provision of law that re- OF FUNDS. EST. stricts assistance, sales or leases, or other Section 635(h) of the Foreign Assistance ‘‘(a) AUTHORITY.—Subject to subsections action under a provision of law referred to in Act of 1961 (22 U.S.C. 2395(h)) is amended by (b) and (c), the President may reduce paragraph (1), (2), or (3). striking ‘‘available’’ and all that follows amounts owed to the United States (or any ‘‘(5) Any provision of law that relates to through ‘‘may,’’ and inserting ‘‘made avail- agency of the United States) by an eligible receipts and credits accruing to the United able under this Act may,’’. country as a result of any of the following States.’’. SEC. 2219. ALTERNATIVE DISPUTE RESOLUTION. transactions: SEC. 2214. PROHIBITION OF ASSISTANCE FOR Section 635(i) of the Foreign Assistance ‘‘(1) Concessional loans extended under COUNTRIES IN DEFAULT. Act of 1961 (22 U.S.C. 2395(i)) is amended to part I of this Act, or chapter 4 of part II of (a) CLARIFICATION OF PROHIBITED RECIPI- read as follows: this Act, or antecedent foreign economic as- ENTS.—Section 620(q) of the Foreign Assist- ‘‘(i) Notwithstanding any other provision sistance laws. ance Act of 1961 (22 U.S.C. 2370(q)) is amend- of law, claims arising as a result of oper- ‘‘(2) Guarantees issued under sections 221 ed— ations under this Act may be settled (includ- and 222 of this Act. (1) by striking ‘‘any country’’ and inserting ing by use of alternative dispute resolution ‘‘(3) Credits extended or guarantees issued ‘‘the government of any country’’; and procedures) or arbitrated with the consent of under the Arms Export Control Act (22 (2) by striking ‘‘such country’’ each place the parties. Payment made pursuant to any U.S.C. 2751 et seq.). it appears and inserting ‘‘such government’’. such settlement or arbitration shall be final ‘‘(4) Any obligation, or portion of such ob- (b) PERIOD OF PROHIBITION.—Such section and conclusive.’’. ligation, to pay for purchases of United 620(q) is further amended by striking ‘‘six SEC. 2220. ADMINISTRATIVE AUTHORITIES. States agricultural commodities guaranteed calendar months’’ and inserting ‘‘one year’’. Section 636 of the Foreign Assistance Act by the Commodity Credit Corporation under SEC. 2215. MILITARY COUPS. of 1961 (22 U.S.C. 2396) is amended— export credit guarantee programs authorized Section 620 of the Foreign Assistance Act (1) in subsection (a)— pursuant to— of 1961 (22 U.S.C. 2370) is amended by insert- (A) in paragraph (3), by— ‘‘(A) section 5(f) of the Commodity Credit ing after subsection (l) the following new (i) striking ‘‘abroad’’; and Corporation Charter Act (15 U.S.C. 714c(f)); subsection (m): (ii) striking ‘‘Civil Service Commission’’ ‘‘(B) section 201(b) of the Agricultural ‘‘(m)(1) No assistance may be furnished and inserting ‘‘Office of Personnel Manage- Trade Act of 1978 (7 U.S.C. 5621(b)); or under this Act or the Arms Export Control ment’’; ‘‘(C) section 202 of the Agricultural Trade Act (22 U.S.C. 2751 et seq.) for the govern- (B) by striking paragraph (5) and inserting Act of 1978 (7 U.S.C. 5622). ment of a country if the duly elected head of the following: ‘‘(b) GENERAL LIMITATIONS.— government for such country is deposed by ‘‘(5) purchase and hire of passenger motor ‘‘(1) EXCLUSIVE CONDITIONS.—The authority decree or military coup. The prohibition in vehicles;’’; and provided in subsection (a) may be exercised— the preceding sentence shall cease to apply (C) in paragraph (10), by striking ‘‘for not ‘‘(A) only to implement multilateral offi- to a country if the President determines and to exceed ten years’’; cial debt relief and referendum agreements, certifies to the Committee on Foreign Rela- (2) in subsection (c), by striking ‘‘not to ex- commonly referred to as ‘Paris Club Agreed tions of the Senate and the Committee on ceed $6,000,000 of the’’; and Minutes’; International Relations of the House of Rep- (3) in subsection (d), by striking ‘‘Not to ‘‘(B) only in such amounts or to such ex- resentatives that after the termination of as- exceed $2,500,000 of funds’’ and inserting tent as is provided in advance in appropria- sistance a democratically elected govern- ‘‘Funds’’. tions Acts; and ment for such country has taken office. ‘‘(C) only with respect to countries with ‘‘(2) Paragraph (1) does not apply to assist- SEC. 2221. ASSISTANCE FOR LAW ENFORCEMENT heavy debt burdens that— ance to promote democratic elections or FORCES. ‘‘(i) are eligible to borrow from the Inter- public participation in democratic processes. Section 660 of the Foreign Assistance Act national Development Association, but not ‘‘(3) The President may waive the applica- of 1961 (22 U.S.C. 2420) is amended— from the International Bank for Reconstruc- tion of paragraph (1), and any comparable (1) in subsection (b)— tion and Development, commonly referred to provision of law, to a country upon deter- (A) in paragraph (6), by striking ‘‘and the as ‘IDA-only’ countries; and mining that it is important to the national provision of professional’’ and all that fol- ‘‘(ii) are not determined ineligible under security interest of the United States to do lows through ‘‘democracy’’ and inserting subsection (c). so.’’. ‘‘including any regional, district, municipal, or other subnational entity emerging from ‘‘(2) ADVANCE NOTIFICATION OF CONGRESS.— SEC. 2216. DESIGNATION OF POSITION FOR The authority provided by subsection (a) WHICH APPOINTEE IS NOMINATED. instability’’; Section 624 of the Foreign Assistance Act (B) by striking the period at the end of shall be subject to the requirements of sec- of 1961 (22 U.S.C. 2584) is amended by insert- paragraph (7) and inserting a semicolon; and tion 634A of this Act (22 U.S.C. 2394–1). ing after subsection (c) the following new (C) by adding at the end the following new ‘‘(c) ELIGIBILITY LIMITATIONS.—The author- subsection (d): paragraphs: ity provided by subsection (a) may be exer- ‘‘(d) NOMINATION OF OFFICERS.—Whenever ‘‘(8) with respect to assistance to combat cised only with respect to a country the gov- the President submits to the Senate a nomi- corruption in furtherance of the objectives ernment of which, as determined by the nation of an individual for appointment to a for which programs are authorized to be es- President— position authorized under subsection (a), the tablished under section 133 of this Act (22 ‘‘(1) does not make an excessive level of President shall designate the particular posi- U.S.C. 2152c); military expenditures; tion in the agency for which the individual is ‘‘(9) with respect to the provision of profes- ‘‘(2) has not repeatedly provided support nominated.’’. sional public safety training, including for acts of international terrorism; SEC. 2217. EXCEPTIONS TO REQUIREMENT FOR training in internationally recognized stand- ‘‘(3) is not failing to cooperate on inter- CONGRESSIONAL NOTIFICATION OF ards of human rights, the rule of law, and the national narcotics control matters; PROGRAM CHANGES. promotion of civilian police roles that sup- ‘‘(4) does not engage, through its military Section 634A(b) of the Foreign Assistance port democracy; and or security forces or by other means, in a Act of 1961 (22 U.S.C. 2394–1(b)) is amended— ‘‘(10) with respect to assistance to combat consistent pattern of gross violations of (1) by striking ‘‘or’’ at the end of paragraph trafficking in persons.’’; and internationally recognized human rights; (1); (2) by striking subsection (d) and inserting and (2) by striking the period at the end of the following: ‘‘(5) is not ineligible for assistance under paragraph (2) and inserting a semicolon; and ‘‘(d) Subsection (a) does not apply to as- section 527 of the Foreign Relations Author- (3) by adding at the end the following new sistance for law enforcement forces for which ization Act, Fiscal Years 1994 and 1995 (22 paragraphs: the Secretary, on a case-by-case basis, deter- U.S.C. 2370a). ‘‘(3) of funds if the advance notification mines that it is important to the national ‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.— would pose a substantial risk to human interest of the United States to furnish such A reduction of debt pursuant to subsection

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(a) may not be considered assistance for pur- tion through the Middle East Partnership (2) GAO AUDITS.—The financial trans- poses of any provision of law limiting assist- Initiative of the Department of State. The actions undertaken pursuant to this section ance to a country. The authority provided in Foundation shall use amounts provided by the Foundation may be audited by the subsection (a) may be exercised notwith- under this paragraph to carry out the pur- General Accounting Office in accordance standing section 620(r) of this Act (22 U.S.C. poses of this section, including through mak- with such principles and procedures and 2370(r)) or section 321 of the International ing grants and providing other assistance to under such rules and regulations as may be Development and Food Assistance Act of 1975 entities to carry out programs for such pur- prescribed by the Comptroller General of the (22 U.S.C. 2220a note).’’. poses. United States. SEC. 2223. CONGO BASIN FOREST PARTNERSHIP. (3) NOTIFICATION TO CONGRESSIONAL COMMIT- (3) AUDITS OF GRANT RECIPIENTS.— (a) FINDINGS.—Congress makes the fol- TEES.—The Secretary shall notify the Com- (A) IN GENERAL.—A recipient of a grant lowing findings: mittee on Foreign Relations of the Senate from the Foundation shall agree to permit (1) Deforestation and environmental deg- and the Committee on International Rela- an audit of the books and records of such re- radation in the Congo Basin in central Africa tions of the House of Representatives before cipient related to the use of the grant funds. pose a major threat to the wellbeing and designating an appropriate organization as (B) RECORDKEEPING.—Such recipient shall livelihood of the African people and to the the Foundation. maintain appropriate books and records to world at large. (c) GRANTS FOR PROJECTS.— facilitate an audit referred to subparagraph (2) It is in the national interest of the (1) FOUNDATION TO MAKE GRANTS.—The Sec- (A), including— United States to assist the countries of the retary of State shall enter into an agreement (i) separate accounts with respect to the Congo Basin to reduce the rate of forest deg- with the Foundation that requires the Foun- grant funds; radation and loss of biodiversity. dation to use the funds provided under sub- (ii) records that fully disclose the use of (3) The Congo Basin Forest Partnership, an section (b)(2) to make grants to persons the grant funds; initiative involving the Central Africa Re- (other than governments or government en- (iii) records describing the total cost of gional Program for the Environment of the tities) located in the Middle East or working any project carried out using grant funds; United States Agency for International De- with local partners based in the Middle East and velopment, and also the Department of to carry out projects that support the pur- (iv) the amount and nature of any funds re- State, the United States Fish and Wildlife poses specified in subsection (a). ceived from other sources that were com- Service, the National Park Service, the Na- (2) CENTER FOR PUBLIC POLICY.—Under the bined with the grant funds to carry out a tional Forest Service, and National Aero- agreement described in paragraph (1), the project. nautics and Space Administration, was es- Foundation may make a grant to an institu- (h) ANNUAL REPORTS.—Not later than Jan- tablished to address in a variety of ways the tion of higher education located in the Mid- uary 31, 2005, and annually thereafter, the environmental conditions in the Congo dle East to create a center for public policy Foundation shall submit to Congress and Basin. for the purpose of permitting scholars and make available to the public an annual re- (4) In partnership with nongovernmental professionals from the countries of the Mid- port that includes, for the fiscal year prior environmental groups, the Congo Basin For- dle East and from other countries, including to the fiscal year in which the report is sub- est Partnership will foster improved con- the United States, to carry out research, mitted, a comprehensive and detailed de- servation and management of natural re- training programs, and other activities to inscription of— sources through programs at the local, na- form public policymaking in the Middle East (1) the operations and activities of the tional, and regional levels to help reverse the and to promote broad economic, social, and Foundation that were carried out using environmental degradation of the Congo political reform for the people of the Middle funds provided under this section; Basin. East. (2) grants made by the Foundation to other (b) SENSE OF CONGRESS.—It is the sense of (3) APPLICATIONS FOR GRANTS.—An entity entities with funds provided under this sec- Congress that— seeking a grant from the Foundation under tion; (1) the Congo Basin Forest Partnership this section shall submit an application to (3) other activities of the Foundation to program represents a significant effort at ad- the head of the Foundation at such time, in further the purposes of this section; and dressing the complex environmental and de- such manner, and including such informa- (4) the financial condition of the Founda- velopment challenges in the Congo Basin; tion as the head of the Foundation may rea- tion. and sonably require. Subtitle B—Arms Export Control Act (2) the President should make available for (d) PRIVATE CHARACTER OF THE FOUNDA- Amendments and Related Provisions fiscal year 2004 at least the total level of as- TION.—Nothing in this section shall be con- sistance that the President requested for strued to— SEC. 2231. THRESHOLDS FOR ADVANCE NOTICE TO CONGRESS OF SALES OR UP- such fiscal year for all agencies participating (1) make the Foundation an agency or es- GRADES OF DEFENSE ARTICLES, DE- in the Congo Basin Forest Partnership pro- tablishment of the United States Govern- SIGN AND CONSTRUCTION SERV- gram for fiscal year 2004. ment, or to make the officers or employees ICES, AND MAJOR DEFENSE EQUIP- SEC. 2224. LANDMINE CLEARANCE PROGRAMS. of the Foundation officers or employees of MENT. The Secretary of State is authorized to the United States for purposes of title 5, (a) LETTERS OF OFFER TO SELL.—Sub- support cooperative arrangements com- United States Code; or section (b) of section 36 of the Arms Export monly known as public-private partnerships (2) to impose any restriction on the Foun- Control Act (22 U.S.C. 2776) is amended— for landmine clearance programs by grant or dation’s acceptance of funds from private (1) in the first sentence of paragraph (1)— cooperative agreement. and public sources in support of its activities (A) by striking ‘‘Subject to paragraph (6), SEC. 2225. MIDDLE EAST FOUNDATION. consistent with the purposes of this section. in’’ and inserting ‘‘In’’; (a) PURPOSES.—The purposes of this section (e) LIMITATION ON PAYMENTS TO FOUNDA- (B) by striking ‘‘$50,000,000’’ and inserting are to support, through the provision of TION PERSONNEL.—No part of the funds pro- ‘‘$100,000,000’’; grants, technical assistance, training, and vided to the Foundation under this section (C) by striking ‘‘services for $200,000,000’’ other programs, in the countries of the Mid- shall inure to the benefit of any officer or and inserting ‘‘services for $350,000,000’’; dle East, the expansion of— employee of the Foundation, except as salary (D) by striking ‘‘$14,000,000’’ and inserting (1) civil society; or reasonable compensation for services. ‘‘$50,000,000’’; and (2) opportunities for political participation (f) RETENTION OF INTEREST.—The Founda- (E) by inserting ‘‘and in other cases if the for all citizens; tion may hold funds provided under this sec- President determines it is appropriate,’’ be- (3) protections for internationally recog- tion in interest-bearing accounts prior to the fore ‘‘before such letter’’; nized human rights, including the rights of disbursement of such funds to carry out the (2) in the first sentence of paragraph women; purposes of this section, and may retain for (5)(C)— (4) educational system reforms; use for such purposes any interest earned (A) by striking ‘‘Subject to paragraph (6), (5) independent media; without returning such interest to the if’’ and inserting ‘‘If’’; (6) policies that promote economic oppor- Treasury of the United States and without (B) by striking ‘‘$14,000,000’’ and inserting tunities for citizens; further appropriation by Congress. ‘‘$50,000,000’’; (7) the rule of law; and (g) FINANCIAL ACCOUNTABILITY.— (C) by striking ‘‘$50,000,000’’ and inserting (8) democratic processes of government. (1) INDEPENDENT PRIVATE AUDITS OF THE ‘‘$100,000,000’’; (b) MIDDLE EAST FOUNDATION.— FOUNDATION.—The accounts of the Founda- (D) by striking ‘‘or $200,000,000’’ and insert- (1) DESIGNATION.—The Secretary of State is tion shall be audited annually in accordance ing ‘‘or $350,000,000’’; and authorized to designate an appropriate pri- with generally accepted auditing standards (E) by inserting ‘‘and in other cases if the vate, nonprofit organization that is orga- by independent certified public accountants President determines it is appropriate,’’ be- nized or incorporated under the laws of the or independent licensed public accountants fore ‘‘then the President’’; and United States or of a State as the Middle certified or licensed by a regulatory author- (3) by striking paragraph (6). East Foundation (referred to in this section ity of a State or other political subdivision (b) EXPORT LICENSES.—Subsection (c) of as the ‘‘Foundation’’). of the United States. The report of the inde- section 36 of the Arms Export Control Act (22 (2) FUNDING.—The Secretary of State is au- pendent audit shall be included in the annual U.S.C. 2776) is amended— thorized to provide funding to the Founda- report required by subsection (h). (1) in the first sentence of paragraph (1)—

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.024 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13287 (A) by striking ‘‘Subject to paragraph (5), fense items that will remain subject to the dom or the agreement with Australia con- in’’ and inserting ‘‘In’’; licensing requirements of this Act after the cerning cooperation and consultation with (B) by striking ‘‘$14,000,000’’ and inserting agreement enters into force. either government on the effectiveness of ‘‘$50,000,000’’; ‘‘(B) UNITED KINGDOM.—Subject to the pro- the defense trade control systems of such (C) by striking ‘‘$50,000,000’’ and inserting visions of section 2233(c) of the Foreign Af- government; ‘‘$100,000,000’’; and fairs Act, Fiscal Year 2004, the requirements (4) on provisions and procedures under- (D) by inserting ‘‘and in other cases if the for a bilateral agreement described in para- taken pursuant to— President determines it is appropriate,’’ be- graphs (1)(A)(ii), (2)(A)(i) and (2)(A)(ii) of this (A) the agreement with the United King- fore ‘‘before issuing such’’; subsection shall not apply to the bilateral dom with respect to the handling of United (2) in the last sentence of paragraph (2), by agreement between the United States Gov- States origin defense items exempt from the striking ‘‘(A) and (B)’’ and inserting ‘‘(A), ernment and the Government of the United licensing requirements of the Arms Export (B), and (C)’’; and Kingdom for an exemption from the licens- Control Act by persons and entities qualified (3) by striking paragraph (5). ing requirements of this Act, or any other to receive such items in the United Kingdom; (c) PRESIDENTIAL CONSENT.—Section 3(d) of form of agreement between the United and the Arms Export Control Act (22 U.S.C. States Government and the Government of (B) the agreement with Australia with re- 2753(d)) is amended— the United Kingdom to gain an exemption spect to the handling of United States origin (1) in paragraphs (1) and (3)(A)— from the licensing requirements of this defense items exempt from the licensing re- (A) by striking ‘‘Subject to paragraph (5), Act.’’. quirements of the Arms Export Control Act the’’ and inserting ‘‘The’’; (b) CONFORMING AMENDMENT.—Paragraph by persons and entities qualified to receive (B) by striking ‘‘$14,000,000’’ and inserting (2) of such subsection (22 U.S.C. 2778(j)(2)) is such items in Australia; ‘‘$50,000,000’’; and amended in the material preceding subpara- (5) on any new understandings, including (C) by striking ‘‘$50,000,000’’ and inserting graph (A) by striking ‘‘A bilateral agree- the text of such understandings, between the ‘‘$100,000,000’’; and ment’’ and inserting ‘‘Except as provided in United States and the United Kingdom con- (2) by striking paragraph (5). paragraph 5, a bilateral agreement’’. cerning retransfer of United States origin de- (c) ADDITIONAL CERTIFICATIONS FOR THE SEC. 2232. CLARIFICATION OF REQUIREMENT fense items made pursuant to the agreement UNITED KINGDOM AND AUSTRALIA.—Not later FOR ADVANCE NOTICE TO CON- with the United Kingdom or any other form than 14 days before authorizing an exemp- GRESS OF COMPREHENSIVE EXPORT of agreement with the United Kingdom to tion from the licensing requirements of the AUTHORIZATIONS. gain exemption from the licensing require- Arms Export Control Act in accordance with Subsection (d) of section 36 of the Arms ments of the Arms Export Control Act; any bilateral agreement entered into with Export Control Act (22 U.S.C. 2776) is amend- (6) on consultations with the Government ed— the United Kingdom or Australia under section 38(j) of the Arms Export Control Act (22 of the United Kingdom or the Government of (1) in paragraph (1)— Australia concerning the legal enforcement (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; U.S.C. 2778)(j), the President shall certify to the appropriate congressional committees of these agreements; (B) by striking ‘‘this subsection’’ and in- that such agreement— (7) on United States origin defense items serting ‘‘this subparagraph’’; and (1) is in the national interest of the United with respect to which the United States has (C) by adding at the end the following new States and will advance the non-prolifera- provided an exception under the Memo- subparagraph: tion and export control interests of the randum of Understanding between the ‘‘(B) Notwithstanding section 27(g), in the United States; United States and the United Kingdom and case of a comprehensive authorization de- (2) does not adversely affect the ability of the agreement between the United States scribed in section 126.14 of title 22, Code of the licensing regime under the Arms Export and Australia from the requirement for Federal Regulations (or any corresponding Control Act to provide consistent and ade- United States Government re-export consent similar regulation) for the proposed export of quate controls for items not exempt under that was not provided for under United defense articles or defense services in an such agreement from the licensing regime; States laws and regulations in effect on June amount that exceeds a limitation set forth and 30, 2003; and in subsection (c)(1), before the comprehen- (3) will not adversely affect the duties or (8) on any significant concerns that have sive authorization is approved or the addi- requirements of the Secretary under such arisen between the Government of Australia tion of a foreign government or other foreign Act. or the Government of the United Kingdom partner to the comprehensive authorization (d) REPORT ON ISSUES RAISED IN CONSULTA- and the United States Government con- is approved, the President shall submit a cer- TIONS PURSUANT TO BILATERAL AGREEMENTS cerning any aspect of the bilateral agree- tification with respect to the comprehensive WITH AUSTRALIA AND UNITED KINGDOM.—Not ments between such country and the United authorization in a manner similar to the cer- later than one year after the date of the en- States or of any other form of agreement be- tification required under subsection (c)(1) of actment of this Act and annually thereafter tween the United Kingdom and the United this section and containing comparable infor each of the following 5 years, the Presi- States to gain exemption from the licensing formation, except that the last sentence of dent shall submit to the appropriate congres- requirements of the Arms Export Control such subsection shall not apply to certifi- sional committees a report on issues raised Act. cations submitted pursuant to this subpara- during the previous year in consultations (e) SPECIAL REPORTS ON UNAUTHORIZED graph.’’; and conducted under the terms of the bilateral END-USE OR DIVERSION.—The Secretary shall (2) in paragraph (4), by striking ‘‘Approval agreement with Australia, or under the notify the appropriate congressional com- for an agreement subject to paragraph (1) terms of the bilateral agreement or any mittees, in a manner consistent with ongo- may not be given under section 38’’ and in- other form of an agreement with the United ing efforts to investigate and bring civil or serting ‘‘Approval for an agreement subject Kingdom, for exemption from the licensing criminal charges regarding such matters, not to paragraph (1)(A), or for a comprehensive requirements of the Arms Export Control later than 90 days after receiving any cred- authorization subject to paragraph (1)(B), Act (22 U.S.C. 2751 et seq.). Each report shall ible information regarding the unauthorized may not be given under section 38 or section contain detailed information— end-use or diversion of United States exports 126.14 of title 22, Code of Federal Regulations (1) on any notifications or consultations made pursuant to any agreement with a (or any corresponding similar regulation), as between the United States and the United country to gain exemption from the licens- the case may be,’’. Kingdom under the terms of the agreement ing requirements of the Arms Export Control SEC. 2233. EXCEPTION TO BILATERAL AGREE- with the United Kingdom, or between the Act. Such notification may be made in clas- MENT REQUIREMENTS FOR TRANS- United States and Australia under the terms sified or unclassified form and shall in- FERS OF DEFENSE ITEMS WITHIN of the agreement with Australia, concerning clude— AUSTRALIA AND THE UNITED KING- the modification, deletion, or addition of de- (1) a description of the good or service; DOM. fense items on the United States Munitions (2) the United States origin of the good or (a) EXCEPTION ON TRANSFERS WITHIN AUS- List, the United Kingdom Military List, or service; TRALIA.—Subsection (j) of section 38 of the the Australian Defense and Strategic Goods (3) the authorized recipient of the good or Arms Export Control Act (22 U.S.C. 2778(j)) is List; service; amended by adding at the end the following (2) listing all United Kingdom or Australia (4) a detailed description of the unauthor- new paragraph: persons and entities that have been des- ized end-use or diversion of the good or serv- ‘‘(5) EXCEPTION FROM BILATERAL AGREEMENT ignated as qualified persons eligible to re- ice, including any knowledge by the United REQUIREMENTS.— ceive United States origin defense items ex- States exporter of such unauthorized end-use ‘‘(A) AUSTRALIA.—Subject to the provisions empt from the licensing requirements of the or diversion; of section 2233(c) of the Foreign Affairs Act, Arms Export Control Act under the terms of (5) any enforcement action taken by the Fiscal Year 2004, the requirements for a bi- such agreements, and listing any modifica- Government of the United States; and lateral agreement described in paragraph tion, deletion, or addition to such lists, pur- (6) any enforcement action taken by the (2)(A) of this subsection shall not apply to suant to the requirements of the agreement government of the recipient nation. such a bilateral agreement between the with the United Kingdom or the agreement (f) APPROPRIATE CONGRESSIONAL COMMIT- United States Government and the Govern- with Australia; TEES.—In this section, the term ‘‘appropriate ment of Australia with respect to transfers (3) on consultations or steps taken pursu- congressional committees’’ means the Com- or changes in end use within Australia of de- ant to the agreement with the United King- mittee on International Relations of the

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.024 S27PT1 S13288 CONGRESSIONAL RECORD — SENATE October 27, 2003 House of Representatives and the Committee 2004 pursuant to section 620F(c) of the For- gether with a summary of any provision of on Foreign Relations of the Senate. eign Assistance Act of 1961 (22 U.S.C. 2376(c)) the license or any related arrangement for SEC. 2234. AUTHORITY TO PROVIDE CATALOGING shall include a description of the efforts of the recipient State to dispose of firearms DATA AND SERVICES TO NON-NATO the United States Government to achieve that would become excess as a result of the COUNTRIES. the objectives described in subsections (a) proposed export.’’. Section 21(h)(2) of the Arms Export Control and (b), the progress made toward achieving (b) TRANSFERS UNDER THE FOREIGN ASSIST- Act (22 U.S.C. 2761(h)(2)) is amended by strik- such objectives, and the likelihood that such ANCE ACT OF 1961.—Subsection 516(f)(2) of the ing ‘‘to the North Atlantic Treaty Organiza- objectives will be achieved by September 30, Foreign Assistance Act of 1961 (22 U.S.C. tion or to any member government of that 2004.’’. 2321j(f)(2)) is amended— Organization if that Organization or member SEC. 2238. HAITIAN COAST GUARD. (1) by striking ‘‘and’’ at the end of subpara- government’’ and inserting ‘‘to the North At- The Government of Haiti shall be eligible graph (C); lantic Treaty Organization, to any member to purchase defense articles and services for (2) by redesignating subparagraph (D) as government of that Organization, or to the the Haitian Coast Guard under the Arms Ex- subparagraph (E); and government of any other country if that Or- port Control Act (22 U.S.C. 2751 et seq.), sub- (3) by inserting after subparagraph (C) the ganization, member government, or other ject to the prior notification requirements following new subparagraph: government’’. under section 634A of the Foreign Assistance ‘‘(D) for any proposed transfer of firearms SEC. 2235. FREEDOM SUPPORT ACT PERMANENT Act of 1961 (22 U.S.C. 2394–1). listed in category I of the United States Mu- WAIVER AUTHORITY. nitions List that would require a license for (a) AUTHORITY TO WAIVE RESTRICTIONS AND SEC. 2239. MARKETING INFORMATION FOR COM- international export under section 36 of the ELIGIBILITY REQUIREMENTS.—If the President MERCIAL COMMUNICATIONS SAT- Arms Export Control Act (22 U.S.C. 2776)— submits the certification and report de- ELLITES. ‘‘(i) with regard to the proposed transfer, scribed in subsection (b) with respect to an (a) IN GENERAL.—A license shall not be re- the views of the office in the Department of independent state of the former Soviet Union quired under section 38 of the Arms Export State that has responsibility for programs for a fiscal year, funds may be obligated and Control Act (22 U.S.C. 2778) for the transfer relating to the collection and destruction of expended during that fiscal year under sec- of marketing information for the purpose of excess small arms and light weapons; and tions 503 and 504 of the FREEDOM Support providing information directly related to the ‘‘(ii) a summary of any provision under the Act (22 U.S.C. 5853 and 5854) for assistance or sale of commercial communications sat- transfer or any related arrangement for the other programs and activities for that state ellites and related parts to a member coun- recipient State to dispose of firearms that even if that state has not met one or more of try of the North Atlantic Treaty Organiza- would become excess as a result of the pro- the requirements for eligibility under para- tion (NATO) and Australia, Japan, and New posed transfer; and’’. graphs (1) through (4) of section 502 of such Zealand. Act (22 U.S.C. 5852). (b) MARKETING INFORMATION.—In this sec- TITLE XXIII—RADIOLOGICAL TERRORISM (b) CERTIFICATION AND REPORT.— tion, the term ‘‘marketing information’’ THREAT REDUCTION means data that a seller must provide to a (1) IN GENERAL.—The certification and re- SEC. 2301. SHORT TITLE. potential customer (including a foreign end- port referred to in subsection (a) are a writ- This title may be cited as the ‘‘Radio- user) that will enable the customer to make ten certification submitted by the President logical Terrorism Threat Reduction Act of a purchase decision to award a contract for to Congress that the waiver of the restric- 2003’’. tion under such section 502 and the require- goods or services, including system descrip- SEC. 2302. FINDINGS. ments in that section during the fiscal year tion, functional information, price and covered by such certification is important to schedule information, information required Congress makes the following findings: the national security interests of the United for installation, operation, maintenance, and (1) It is feasible for terrorists to obtain and States, together with a report containing the repair, and includes that level of data nec- disseminate radioactive material by using a following: essary to ensure safe use of the product, but radiological dispersion device (RDD) or by (A) A description of the activity or activi- does not include sensitive encryption and emplacing discrete radioactive sources in ties that prevent the President from certi- source code data, detailed design data, engi- major public places. fying that the state is committed to the neering analysis, or manufacturing know- (2) An attack by terrorists using radio- matters set forth in the provisions of law how. logical material could cause catastrophic specified in subsection (a) in such fiscal year. (c) EXCEPTION.—Nothing in this section economic and social damage, although it (B) An explanation of why the waiver is shall exempt commercial communications might kill few, if any, Americans. important to the national security interests satellites from any licensing requirement (3) The first line of defense against radio- of the United States. under section 38 of the Arms Export Control logical terrorism is preventing the acquisi- (C) A description of the strategy, plan, or Act (22 U.S.C. 2778) for defense items and de- tion of radioactive material by terrorists. policy of the President for promoting the fense services, except as described in sub- SEC. 2303. DEFINITIONS. commitment of the state to, and compliance section (a). In this title: by the state with, such matters, notwith- SEC. 2240. TRANSFERS OF SMALL ARMS AND (1) APPROPRIATE CONGRESSIONAL COMMIT- standing the waiver. LIGHT WEAPONS. TEES.—The term ‘‘appropriate congressional (2) FORM OF REPORT.—A report under para- (a) EXPORTS UNDER THE ARMS EXPORT CON- committees’’ means the Committee on For- graph (1) shall be submitted in unclassified TROL ACT.— eign Relations of the Senate and the Com- form, but may include a classified annex. (1) LETTERS OF OFFER.—Section 36(b)(1) of mittee on International Relations of the SEC. 2236. EXTENSION OF PAKISTAN WAIVERS. the Arms Export Control Act (22 U.S.C. House of Representatives. The Act entitled ‘‘An Act to authorize the 2776(b)(1)) is amended by inserting after (2) BYPRODUCT MATERIAL.—The term ‘‘by- President to exercise waivers of foreign as- ‘‘such certification).’’ in the fourth sentence product material’’ has the meaning given the sistance restrictions with respect to Paki- the following: ‘‘Each numbered certification term in section 11 e. of the Atomic Energy stan through September 30, 2003, and for regarding the proposed export of firearms Act of 1954 (42 U.S.C. 2014(e)). other purposes’’, approved October 27, 2001 listed in category I of the United States Mu- (3) IAEA.—The term ‘‘IAEA’’ means the (Public Law 107–57; 115 Stat. 403), is amend- nitions List shall include, with regard to the International Atomic Energy Agency. ed— proposed export, a summary of the views of (4) INDEPENDENT STATES OF THE FORMER SO- (1) in section 1(a)— the office in the Department of State that VIET UNION.—The term ‘‘independent states (A) by striking ‘‘2002’’ in the heading and has responsibility for programs relating to of the former Soviet Union’’ has the meaning inserting ‘‘2004’’; and the collection and destruction of excess given the term in section 3 of the FREEDOM (B) by striking ‘‘2002’’ in paragraph (1) and small arms and light weapons, together with Support Act (22 U.S.C. 5801). inserting ‘‘2004’’; a summary of any provision of the letter of (5) RADIOACTIVE MATERIAL.—The term ‘‘ra- (2) in paragraph (2) of section 3, by striking offer or any related arrangement for the re- dioactive material’’ means— ‘‘Foreign Operations, Export Financing, and cipient State to dispose of firearms that (A) source material and special nuclear Related Programs Appropriations Acts, 2002, would become excess as a result of the pro- material, but does not include natural or de- as is’’ and inserting ‘‘annual foreign oper- posed export.’’. pleted uranium; ations, export financing, and related pro- (2) LICENSES.—Section 36(c) of the Arms (B) nuclear byproduct material; grams appropriations Acts for fiscal years Export Control Act (22 U.S.C. 2776(c)) is (C) material made radioactive by bombard- 2002, 2003, and 2004, as are’’; and amended by inserting after the second sen- ment in an accelerator; and (3) in section 6, by striking ‘‘October 1, tence the following: ‘‘Each numbered certifi- (D) all refined isotopes of radium. 2003’’ and inserting ‘‘October 1, 2004’’. cation regarding the proposed export of fire- (6) RADIOACTIVE SOURCE.—The term ‘‘radio- SEC. 2237. CONSOLIDATION OF REPORTS ON NON- arms listed in category I of the United active source’’ means radioactive material PROLIFERATION IN SOUTH ASIA. States Munitions List shall include, with re- that is permanently sealed in a capsule or Section 1601(c) of the Foreign Relations gard to the proposed export, a summary of closely bonded and includes any radioactive Authorization Act, Fiscal Year 2003 is the views of the office in the Department of material released if the source is leaking or amended to read as follows: State that has responsibility for programs stolen, but does not include any material ‘‘(c) REPORT.—The report required to be relating to the collection and destruction of within the nuclear fuel cycle of a research or submitted to Congress not later than April 1, excess small arms and light weapons, to- power reactor.

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(7) RADIOISOTOPE THERMAL GENERATOR.— voluntary contributions to the IAEA under (5) evacuate persons within a contaminated The term ‘‘radioisotope thermal generator’’ subsection (b), to support a program of the area. means an electrical generator which derives Division of Radiation and Waste Safety of (b) CONSIDERATIONS.—In carrying out ac- its power from the heat produced by the the Department of Nuclear Safety of the tivities under subsection (a), the Secretary decay of a radioactive source by the emission IAEA to promote the discovery, inventory, shall take into account the findings of the of alpha, beta, or gamma radiation. The term and recovery of radioactive sources in mem- threat assessment report required by section does not include nuclear reactors deriving ber nations of the IAEA. 2308 and the location of any storage facilities their energy from the fission or fusion of (b) VOLUNTARY CONTRIBUTIONS TO IAEA AU- for radioactive sources under section 2304. THORIZED.—The Secretary is authorized to atomic nuclei. (c) AUTHORIZATION OF APPROPRIATIONS.— make voluntary contributions to the IAEA (8) SECRETARY.—The term ‘‘Secretary’’ (1) IN GENERAL.—Of the amounts author- to fund the United States share of the pro- means the Secretary of State. ized to be appropriated under this Act for (9) SOURCE MATERIAL.—The term ‘‘source gram described in subsection (a). (c) TECHNICAL ASSISTANCE.—The Secretary Nonproliferation, Anti-terrorism, Demining, material’’ has the meaning given the term in and Related Programs, there is authorized to section 11 z. of the Atomic Energy Act of 1954 is authorized to provide the IAEA and other countries with technical assistance to carry be appropriated to the President for fiscal (42 U.S.C. 2014(z)). year 2004, $2,000,000 to carry out this section. (10) SPECIAL NUCLEAR MATERIAL.—The term out the program described in subsection (a). (2) AVAILABILITY.—Amounts authorized to ‘‘special nuclear material’’ has the meaning (d) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Of the amounts author- be appropriated by paragraph (1) are author- given the term in section 11 aa. of the Atom- ized to remain available until expended. ic Energy Act of 1954 (42 U.S.C. 2014(aa)). ized to be appropriated under this Act for Nonproliferation, Anti-terrorism, Demining, SEC. 2304. INTERNATIONAL STORAGE FACILITIES SEC. 2308. THREAT ASSESSMENT REPORTS. FOR RADIOACTIVE SOURCES. and Related Programs, there is authorized to (a) REPORTS REQUIRED.—The Secretary be appropriated to the President for fiscal (a) AGREEMENTS ON TEMPORARY SECURE shall, at the times specified in subsection (c), STORAGE.—The Secretary is authorized to year 2004, $4,000,000 to carry out this section. submit to the appropriate congressional propose that the IAEA conclude agreements (2) AVAILABILITY.—Amounts authorized to committees a report— with up to 8 countries under which agree- be appropriated by paragraph (1) are author- (1) detailing the preparations made at ment each country would provide temporary ized to remain available until expended. United States diplomatic missions abroad to secure storage for orphaned, unused, surplus, SEC. 2306. RADIOISOTOPE THERMAL GENERATOR detect and mitigate a radiological attack on or other radioactive sources (other than spe- POWER UNITS IN THE INDEPENDENT United States missions and other United cial nuclear material, nuclear fuel, or spent STATES OF THE FORMER SOVIET UNION. States facilities under the control of the nuclear fuel). Such agreements shall be con- (a) SUBSTITUTION WITH OTHER POWER Secretary; sistent with the IAEA Code of Conduct on UNITS.— (2) setting forth a rank-ordered list of the the Safety and Security of Radioactive (1) IN GENERAL.—The Secretary is author- Secretary’s priorities for improving radio- Sources, and shall address the need for stor- ized to assist the Government of the Russian logical security and consequence manage- age of such radioactive sources in countries Federation to substitute solar (or other non- ment at United States missions; and or regions of the world where convenient ac- (3) providing a rank-ordered list of the mis- cess to secure storage of such radioactive nuclear) power sources for radioisotope thermal power units operated by the Russian sions where such improvement is most im- sources does not exist. portant. (b) VOLUNTARY CONTRIBUTIONS TO IAEA AU- Federation and other independent states of (b) BUDGET REQUEST.—Each report under THORIZED.— the former Soviet Union in applications such subsection (a) shall also include a proposed (1) IN GENERAL.—The Secretary is author- as lighthouses in the Arctic, remote weather ized to make voluntary contributions to the stations, and for providing electricity in re- budget to carry out the improvements de- IAEA for use by the Department of Nuclear mote locations. scribed in subsection (a)(2) under such re- Safety of the IAEA to fund the United States (2) TECHNOLOGY REQUIREMENT.—Any power port. share of the costs of activities associated unit utilized as a substitute power unit (c) TIMING.— with or under agreements under subsection under paragraph (1) shall, to the maximum (1) FIRST REPORT.—The first report under (a). extent practicable, be based upon tested subsection (a) shall be submitted not later (2) UNITED STATES SHARE IN FISCAL YEAR technologies that have operated for at least than 180 days after the date of the enactment 2004.—The United States share of the costs of one full year in the environment where the of this Act. activities under agreements under sub- substitute power unit will be used. (2) SUBSEQUENT REPORTS.—Subsequent re- section (a) in fiscal year 2004 may be 100 per- (b) CONSULTATION.—The Secretary shall ports under subsection (a) shall be submitted cent of the costs of such activities in that consult with the Secretary of Energy to en- with the budget justification materials sub- fiscal year. sure that substitute power sources provided mitted by the Secretary to Congress in sup- (c) TECHNICAL ASSISTANCE.—The Secretary under this section are for facilities from port of the budget of the President for the is authorized to provide the IAEA and other which the radioisotope thermal generator fiscal year (as submitted under section countries with technical assistance to carry power units have been or are being removed. 1105(a) of title 31, United States Code) for out activities under agreements under sub- (c) ACTIVITIES OUTSIDE FORMER SOVIET each fiscal year commencing with fiscal year section (a) in a manner that meets the stand- UNION.—The Secretary may use not more 2006. ards of the IAEA Code of Conduct on the than 20 percent of the funds available under (d) FORM.—Each report shall be submitted Safety and Security of Radioactive Sources. this section in any fiscal year to replace dan- in unclassified form, but may include a clas- (d) APPLICABILITY OF ENVIRONMENTAL gerous radioisotope thermal power facilities sified annex. LAWS.— that are similar to the facilities described in (1) INAPPLICABILITY OF NEPA TO FACILITIES subsection (a) in countries other than the TITLE XXIV—GLOBAL PATHOGEN OUTSIDE UNITED STATES.—The National Envi- independent states of the former Soviet SURVEILLANCE ronmental Policy Act of 1969 (42 U.S.C. 4321 Union. SEC. 2401. SHORT TITLE. (d) FUNDING.— et seq.) shall not apply with respect to any This title may be cited as the ‘‘Global (1) IN GENERAL.—Of the amounts author- temporary secure storage facility con- Pathogen Surveillance Act of 2003’’. structed outside the United States under an ized to be appropriated under this Act for SEC. 2402. FINDINGS; PURPOSE. agreement under subsection (a). Nonproliferation, Anti-terrorism, Demining, (2) APPLICABILITY OF FOREIGN ENVIRON- and Related Programs, there is authorized to (a) FINDINGS.—Congress makes the fol- MENTAL LAWS.—The construction and oper- be appropriated to the President for fiscal lowing findings: ation of a facility described in paragraph (1) year 2004, $5,000,000 to carry out this section. (1) Bioterrorism poses a grave national se- shall be governed by any applicable environ- (2) AVAILABILITY OF FUNDS.—Amounts curity threat to the United States. The in- mental laws of the country in which the fa- available under paragraph (1) are authorized sidious nature of the threat, the likely de- cility is constructed. to remain available until expended. layed recognition in the event of an attack, (e) AUTHORIZATION OF APPROPRIATIONS.— SEC. 2307. FOREIGN FIRST RESPONDERS. and the underpreparedness of the domestic (1) IN GENERAL.—Of the amounts author- (a) IN GENERAL.—The Secretary is author- public health infrastructure may produce ized to be appropriated under this division ized to assist foreign countries, or to propose catastrophic consequences following a bio- for Nonproliferation, Anti-terrorism, that the IAEA assist foreign countries, in logical weapons attack upon the United Demining, and Related Programs, there is the development of appropriate national re- States. authorized to be appropriated to the Presi- sponse plans and the training of first re- (2) A contagious pathogen engineered as a dent for fiscal year 2004, $4,000,000 to carry sponders to— biological weapon and developed, tested, pro- out this section. (1) detect, identify, and characterize radio- duced, or released in another country can (2) AVAILABILITY.—Amounts authorized to active material; quickly spread to the United States. Given be appropriated by paragraph (1) are author- (2) understand the hazards posed by radio- the realities of international travel, trade, ized to remain available until expended. active contamination; and migration patterns, a dangerous patho- SEC. 2305. DISCOVERY, INVENTORY, AND RECOV- (3) understand the risks encountered at gen released anywhere in the world can ERY OF RADIOACTIVE SOURCES. various dose rates; spread to United States territory in a matter (a) AUTHORITY.—The Secretary is author- (4) enter contaminated areas safely and of days, before any effective quarantine or ized to provide assistance, including through speedily; and isolation measures can be implemented.

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(3) To effectively combat bioterrorism and they may better detect, diagnose, and con- (5) LABORATORY.—The term ‘‘laboratory’’ ensure that the United States is fully pre- tain infectious disease outbreaks, especially means a facility for the biological, micro- pared to prevent, diagnose, and contain a bi- those due to pathogens most likely to be biological, serological, chemical, immuno- ological weapons attack, measures to used in a biological weapons attack. hematological, hematological, biophysical, strengthen the domestic public health infra- (3) To provide assistance to developing cytological, pathological, or other examina- structure and improve domestic surveillance countries to purchase appropriate public tion of materials derived from the human and monitoring, while absolutely essential, health laboratory equipment necessary for body for the purpose of providing informa- are not sufficient. infectious disease surveillance and diagnosis. tion for the diagnosis, prevention, or treat- (4) The United States should enhance co- (4) To provide assistance to developing ment of any disease or impairment of, or the operation with the World Health Organiza- countries to purchase appropriate commu- assessment of the health of, human beings. tion, regional health organizations, and indi- nications equipment and information tech- (6) SECRETARY.—Unless otherwise provided, vidual countries, including data sharing with nology, including, as appropriate, relevant the term ‘‘Secretary’’ means the Secretary appropriate United States departments and computer equipment, Internet connectivity of State. agencies, to help detect and quickly contain mechanisms, and telephone-based applica- (7) SELECT AGENT.—The term ‘‘select infectious disease outbreaks or bioterrorism tions to effectively gather, analyze, and agent’’ has the meaning given such term for agents before they can spread. transmit public health information for infec- purposes of section 72.6 of title 42, Code of (5) The World Health Organization (WHO) tious disease surveillance and diagnosis. Federal Regulations. has done an impressive job in monitoring in- (5) To make available greater numbers of (8) SYNDROME SURVEILLANCE.—The term fectious disease outbreaks around the world, United States Government public health pro- ‘‘syndrome surveillance’’ means the record- including the recent emergence of the Severe fessionals to international health organiza- ing of symptoms (patient complaints) and Acute Respiratory Syndrome (SARS) epi- tions, regional health networks, and United signs (derived from physical examination) demic, particularly with the establishment States diplomatic missions where appro- combined with simple geographic locators to in April 2000 of the Global Outbreak Alert priate. track the emergence of a disease in a popu- and Response network. (6) To establish ‘‘lab-to-lab’’ cooperative lation. (6) The capabilities of the World Health Or- relationships between United States public SEC. 2404. PRIORITY FOR CERTAIN COUNTRIES. ganization are inherently limited by the health laboratories and established foreign Priority in the provision of United States quality of the data and information it re- counterparts. assistance for eligible developing countries ceives from member countries, the narrow (7) To expand the training and outreach ac- under all the provisions of this title shall be range of diseases (plague, cholera, and yel- tivities of overseas United States labora- given to those countries that permit per- low fever) upon which its disease surveil- tories, including Centers for Disease Control sonnel from the World Health Organization lance and monitoring is based, and the con- and Prevention and Department of Defense and the Centers for Disease Control and Pre- sensus process it uses to add new diseases to entities, to enhance the disease surveillance vention to investigate outbreaks of infec- the list. Developing countries in particular capabilities of developing countries. tious diseases on their territories, provide often cannot devote the necessary resources (8) To provide appropriate technical assist- early notification of disease outbreaks, and to build and maintain public health infra- ance to existing regional health networks provide pathogen surveillance data to appro- structures. and, where appropriate, seed money for new (7) In particular, developing countries regional networks. priate United States departments and agencies in addition to international health orga- could benefit from— SEC. 2403. DEFINITIONS. nizations. (A) better trained public health profes- In this title: SEC. 2405. RESTRICTION. sionals and epidemiologists to recognize dis- (1) BIOLOGICAL WEAPONS CONVENTION.—The ease patterns; term ‘‘Biological Weapons Convention’’ Notwithstanding any other provision of (B) appropriate laboratory equipment for means the Convention on the Prohibition of this title, no foreign nationals participating diagnosis of pathogens; the Development, Production and Stock- in programs authorized under this title shall (C) disease reporting based on symptoms piling of Bacteriological (Biological) and have access, during the course of such par- and signs (known as ‘‘syndrome surveil- Toxin Weapons and on Their Destruction, ticipation, to select agents that may be used lance’’), affording the earliest possible oppor- signed at Washington, London, and Moscow as, or in, a biological weapon, except in a su- tunity to conduct an effective response; April 10, 1972. pervised and controlled setting. (D) a narrowing of the existing technology (2) ELIGIBLE DEVELOPING COUNTRY.—The SEC. 2406. FELLOWSHIP PROGRAM. gap in syndrome surveillance capabilities term ‘‘eligible developing country’’ means (a) ESTABLISHMENT.—There is established a and real-time information dissemination to any developing country that— fellowship program (in this section referred public health officials; and (A) has agreed to the objective of fully to as the ‘‘program’’) under which the Sec- (E) appropriate communications equip- complying with requirements of the World retary, in consultation with the Secretary of ment and information technology to effi- Health Organization on reporting public Health and Human Services and subject to ciently transmit information and data with- health information on outbreaks of infec- the availability of appropriations, shall in national and regional health networks, in- tious diseases; award fellowships to eligible nationals to cluding inexpensive, Internet-based Geo- (B) has not been determined by the Sec- pursue public health education or training, graphic Information Systems (GIS) and rel- retary, for purposes of section 40 of the Arms as follows: evant telephone-based systems for early rec- Export Control Act (22 U.S.C. 2780), section (1) MASTER OF PUBLIC HEALTH DEGREE.— ognition and diagnosis of diseases. 620A of the Foreign Assistance Act of 1961 (22 Graduate courses of study leading to a mas- (8) An effective international capability to U.S.C. 2371), or section 6(j) of the Export Ad- ter of public health degree with a concentra- monitor and quickly diagnose infectious dis- ministration Act of 1979 (50 U.S.C. App. 2405), tion in epidemiology from an institution of ease outbreaks will offer dividends not only to have repeatedly provided support for acts higher education in the United States with a in the event of biological weapons develop- of international terrorism, unless the Sec- Center for Public Health Preparedness, as de- ment, testing, production, and attack, but retary exercises a waiver certifying that it is termined by the Centers for Disease Control also in the more likely cases of naturally oc- in the national interest of the United States and Prevention. curring infectious disease outbreaks that to provide assistance under the provisions of (2) ADVANCED PUBLIC HEALTH EPIDEMIOLOGY could threaten the United States. Further- this title; TRAINING.—Advanced public health training more, a robust surveillance system will serve (C) is a state party to the Biological Weap- in epidemiology to be carried out at the Cen- to deter terrorist use of biological weapons, ons Convention; and ters for Disease Control and Prevention (or as early detection will help mitigate the in- (D) is determined by the United States equivalent State facility), or other Federal tended effects of such malevolent uses. Government not to have an offensive biologi- facility (excluding the Department of De- (b) PURPOSE.—The purposes of this title are cal weapons program. fense or United States National Labora- as follows: (3) ELIGIBLE NATIONAL.—The term ‘‘eligible tories), for a period of not less than 6 months (1) To enhance the capability and coopera- national’’ means any citizen or national of or more than 12 months. tion of the international community, includ- an eligible developing country who— (b) SPECIALIZATION IN BIOTERRORISM.—In ing the World Health Organization and indi- (A) is eligible to receive a visa under the addition to the education or training speci- vidual countries, through enhanced pathogen provisions of the Immigration and Nation- fied in subsection (a), each recipient of a fel- surveillance and appropriate data sharing, to ality Act (8 U.S.C. 1101 et seq.); and lowship under this section (in this section re- detect, identify, and contain infectious dis- (B) is not currently or previously affiliated ferred to as a ‘‘fellow’’) may take courses of ease outbreaks, whether the cause of those with or employed by a laboratory or entity study at the Centers for Disease Control and outbreaks is intentional human action or determined by the United States Govern- Prevention or at an equivalent facility on di- natural in origin. ment to be involved in offensive biological agnosis and containment of likely bioter- (2) To enhance the training of public weapons activities. rorism agents. health professionals and epidemiologists (4) INTERNATIONAL HEALTH ORGANIZATION.— (c) FELLOWSHIP AGREEMENT.— from eligible developing countries in ad- The term ‘‘international health organiza- (1) IN GENERAL.—In awarding a fellowship vanced Internet-based and other electronic tion’’ includes the World Health Organiza- under the program, the Secretary, in con- syndrome surveillance systems, in addition tion and the Pan American Health Organiza- sultation with the Secretary of Health and to traditional epidemiology methods, so that tion. Human Services, shall require the recipient

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to enter into an agreement under which, in (b) TRAINING IN SYNDROME SURVEILLANCE.— (b) COVERED EQUIPMENT.—Equipment (and exchange for such assistance, the recipient— In conjunction with the Centers for Disease information technology) described in this (A) will maintain satisfactory academic Control and Prevention and the Department subsection is equipment that— progress (as determined in accordance with of Defense, the Secretary shall, subject to (1) is suitable for use under the particular regulations issued by the Secretary and con- the availability of appropriations, establish conditions of the area of intended use; firmed in regularly scheduled updates to the and support short training courses in-coun- (2) meets appropriate World Health Organi- Secretary from the institution providing the try (not in the United States) for public zation standards to ensure interoperability education or training on the progress of the health personnel from eligible developing with like equipment of other countries and recipient’s education or training); countries in techniques of syndrome surveil- international health organizations; and (B) will, upon completion of such education lance reporting and rapid analysis of syn- (3) is not defense articles or defense serv- or training, return to the recipient’s country drome information using Geographic Infor- ices as those terms are defined under section of nationality or last habitual residence (so mation System (GIS) and other Internet- 47 of the Arms Export Control Act (22 U.S.C. long as it is an eligible developing country) based tools. Training under this subsection 2794). and complete at least four years of employ- may be conducted via the Internet or in ap- (c) RULE OF CONSTRUCTION.—Nothing in ment in a public health position in the gov- propriate facilities as determined by the Sec- this section shall be construed to exempt the ernment or a nongovernmental, not-for-prof- retary. The Secretary shall coordinate such exporting of goods and technology from com- it entity in that country or, with the ap- training courses, where appropriate, with the pliance with applicable provisions of the Ex- proval of the Secretary, complete part or all existing programs and activities of the World port Administration Act of 1979 (50 U.S.C. of this requirement through service with an Health Organization. App. 2401 et seq.) (or successor statutes). international health organization without SEC. 2408. ASSISTANCE FOR THE PURCHASE AND (d) LIMITATION.—Amounts appropriated to geographic restriction; and MAINTENANCE OF PUBLIC HEALTH carry out this section shall not be made (C) agrees that, if the recipient is unable to LABORATORY EQUIPMENT. available for the purchase from a foreign meet the requirements described in subpara- (a) AUTHORIZATION.—The President is au- country of equipment that, if made in the graph (A) or (B), the recipient will reimburse thorized, on such terms and conditions as United States, would be subject to the Arms the United States for the value of the assist- the President may determine, to furnish as- Export Control Act or likely be barred or ance provided to the recipient under the fel- sistance to eligible developing countries to subject to special conditions under the Ex- lowship, together with interest at a rate de- purchase and maintain public health labora- port Administration Act of 1979 (50 U.S.C. termined in accordance with regulations tory equipment described in subsection (b). App. 2401 et seq.) (or successor statutes). issued by the Secretary but not higher than (b) EQUIPMENT COVERED.—Equipment de- (e) ASSISTANCE FOR STANDARDIZATION OF the rate generally applied in connection with scribed in this subsection is equipment that REPORTING.—The President is authorized to other Federal loans. is— provide, on such terms and conditions as the (2) WAIVERS.—The Secretary may waive (1) appropriate, where possible, for use in President may determine, technical assist- the application of paragraph (1)(B) and (1)(C) the intended geographic area; ance and grant assistance to international if the Secretary determines that it is in the (2) necessary to collect, analyze, and iden- health organizations to facilitate standard- national interest of the United States to do tify expeditiously a broad array of patho- ization in the reporting of public health in- so. formation between and among developing (d) IMPLEMENTATION.—The Secretary, in gens, including mutant strains, which may cause disease outbreaks or may be used as a countries and international health organiza- consultation with the Secretary of Health tions. and Human Services, is authorized to enter biological weapon; (3) compatible with general standards set (f) HOST COUNTRY’S COMMITMENTS.—The as- into an agreement with any eligible devel- sistance provided under this section shall be oping country under which the country forth, as appropriate, by the World Health Organization and the Centers for Disease contingent upon the host country’s commit- agrees— ment to provide the resources, infrastruc- (1) to establish a procedure for the nomina- Control and Prevention, to ensure interoperability with regional and international pub- ture, and other assets required to house, sup- tion of eligible nationals for fellowships port, maintain, secure, and maximize use of under this section; lic health networks; (4) necessary to secure and monitor patho- this equipment and appropriate technical (2) to guarantee that a fellow will be of- personnel. fered a professional public health position gen collections containing select agents; and SEC. 2410. ASSIGNMENT OF PUBLIC HEALTH PER- within the country upon completion of his (5) not defense articles or defense services as those terms are defined under section 47 of SONNEL TO UNITED STATES MIS- studies; and SIONS AND INTERNATIONAL ORGA- (3) to certify to the Secretary when a fel- the Arms Export Control Act (22 U.S.C. 2794). NIZATIONS. low has concluded the minimum period of (c) RULE OF CONSTRUCTION.—Nothing in (a) IN GENERAL.—Upon the request of a employment in a public health position re- this section shall be construed to exempt the United States chief of diplomatic mission or quired by the fellowship agreement, with an exporting of goods and technology from com- an international health organization, and explanation of how the requirement was met. pliance with applicable provisions of the Ex- with the concurrence of the Secretary of (e) PARTICIPATION OF UNITED STATES CITI- port Administration Act of 1979 (50 U.S.C. State, the head of a Federal agency may as- ZENS.—On a case-by-case basis, the Secretary App. 2401 et seq.) (or successor statutes). sign to the respective United States mission may provide for the participation of United (d) LIMITATION.—Amounts appropriated to or organization any officer or employee of States citizens under the provisions of this carry out this section shall not be made the agency occupying a public health posi- section if the Secretary determines that it is available for the purchase from a foreign tion within the agency for the purpose of en- in the national interest of the United States country of equipment that, if made in the hancing disease and pathogen surveillance to do so. Upon completion of such education United States, would be subject to the Arms efforts in developing countries. or training, a United States recipient shall Export Control Act (22 U.S.C. 2751 et seq.) or (b) REIMBURSEMENT.—The costs incurred by complete at least 5 years of employment in a likely be barred or subject to special condi- a Federal agency by reason of the detail of public health position in an eligible devel- tions under the Export Administration Act personnel under subsection (a) may be reim- oping country or an international health or- of 1979 (50 U.S.C. App. 2401 et seq.) (or suc- bursed to that agency out of the applicable ganization. cessor statutes). appropriations account of the Department of SEC. 2407. IN-COUNTRY TRAINING IN LABORA- (e) HOST COUNTRY’S COMMITMENTS.—The as- State if the Secretary determines that the TORY TECHNIQUES AND SYNDROME sistance provided under this section shall be relevant agency may otherwise be unable to SURVEILLANCE. contingent upon the host country’s commit- (a) IN GENERAL.—In conjunction with the assign such personnel on a non-reimbursable ment to provide the resources, infrastruc- Centers for Disease Control and Prevention basis. ture, and other assets required to house, and the Department of Defense, the Sec- SEC. 2411. EXPANSION OF CERTAIN UNITED maintain, support, secure, monitor, and retary shall, subject to the availability of STATES GOVERNMENT LABORA- appropriations, support short training maximize use of this equipment and appro- TORIES ABROAD. courses in-country (not in the United States) priate technical personnel. (a) IN GENERAL.—Subject to the avail- for laboratory technicians and other public SEC. 2409. ASSISTANCE FOR IMPROVED COMMU- ability of appropriations, the Centers for health personnel from eligible developing NICATION OF PUBLIC HEALTH IN- Disease Control and Prevention and the De- countries in laboratory techniques relating FORMATION. partment of Defense shall each— to the identification, diagnosis, and tracking (a) ASSISTANCE FOR PURCHASE OF COMMU- (1) increase the number of personnel as- of pathogens responsible for possible infec- NICATION EQUIPMENT AND INFORMATION TECH- signed to laboratories of the Centers or the tious disease outbreaks. Training under this NOLOGY.—The President is authorized to pro- Department, as appropriate, located in eligi- section may be conducted in overseas facili- vide, on such terms and conditions as the ble developing countries that conduct re- ties of the Centers for Disease Control and President may determine, assistance to eli- search and other activities with respect to Prevention or in Overseas Medical Research gible developing countries for the purchase infectious diseases; and Units of the Department of Defense, as ap- and maintenance of communications equip- (2) expand the operations of those labora- propriate. The Secretary shall coordinate ment and information technology described tories, especially with respect to the imple- such training courses, where appropriate, in subsection (b), and supporting equipment, mentation of on-site training of foreign na- with the existing programs and activities of necessary to effectively collect, analyze, and tionals and regional outreach efforts involv- the World Health Organization. transmit public health information. ing neighboring countries.

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(b) COOPERATION AND COORDINATION BE- ‘‘(c) REPORT CONSOLIDATION.—The Sec- investment in stability in Sierra Leone TWEEN LABORATORIES.—Subsection (a) shall retary may satisfy the annual reporting re- should be secured through appropriate sup- be carried out in such a manner as to foster quirements of this section by incorporating port for activities aimed at enhancing Sierra cooperation and avoid duplication between the required information with the annual re- Leone’s long-term prospect for peaceful de- and among laboratories. port submitted pursuant to section 489(a) of velopment. (c) RELATION TO CORE MISSIONS AND SECU- the Foreign Assistance Act of 1961 (22 U.S.C. (c) REPORT.— RITY.—The expansion of the operations of 2291h(a)).’’. (1) IN GENERAL.—Not later than 6 months overseas laboratories of the Centers or the SEC. 2503. ANNUAL REPORT ON FOREIGN MILI- after the date of enactment of this Act, the Department under this section shall not— TARY TRAINING. Administrator of the United States Agency (1) detract from the established core mis- Subsection (a)(1) of section 656 of the For- for International Development shall submit sions of the laboratories; or eign Assistance Act of 1961 (22 U.S.C. 2416) is a report to the appropriate congressional (2) compromise the security of those lab- amended by striking ‘‘January 31’’ and in- committees on the feasibility of establishing oratories, as well as their research, equip- serting ‘‘March 1’’. a United States mission in Sierra Leone. ment, expertise, and materials. SEC. 2504. REPORT ON HUMAN RIGHTS IN HAITI. (2) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 2412. ASSISTANCE FOR REGIONAL HEALTH Section 616(c) of the Departments of Com- TEES DEFINED.—In this subsection, the term NETWORKS AND EXPANSION OF merce, Justice, and State, the Judiciary, and ‘‘appropriate congressional committees’’ FOREIGN EPIDEMIOLOGY TRAINING Related Agencies Appropriations Act, 1999 means the Committee on Foreign Relations PROGRAMS. (section 101(b) of division A of Public Law of the Senate and the Committee on Inter- (a) AUTHORITY.—The President is author- 105–277; 112 Stat. 2681–114), is amended— national Relations of the House of Rep- ized, on such terms and conditions as the (1) in paragraph (2), by striking ‘‘not later resentatives. President may determine, to provide assist- than 3 months after the date of enactment of (d) AVAILABILITY OF FUNDS.—Of the ance for the purposes of— this Act’’ and inserting ‘‘as part of the an- amounts made available under chapter 1 of (1) enhancing the surveillance and report- nual report submitted under paragraph (4) of part I of the Foreign Assistance Act of 1961 ing capabilities of the World Health Organi- this subsection’’; and (22 U.S.C. 2151 et seq.) or chapter 4 of part II zation and existing regional health net- (2) in paragraph (3), by inserting ‘‘, as part of such Act (22 U.S.C. 2346 et seq.), up to works; and of the annual report submitted under para- $15,000,000 may be made available in fiscal (2) developing new regional health net- graph (4) of this subsection,’’ after ‘‘the ap- year 2004 to support in Sierra Leone pro- works. propriate congressional committees’’. grams— (b) EXPANSION OF FOREIGN EPIDEMIOLOGY Subtitle B—Other Matters (1) to increase access to primary and sec- TRAINING PROGRAMS.—The Secretary of Health and Human Services is authorized to SEC. 2511. CERTAIN CLAIMS FOR EXPROPRIA- ondary education in rural areas; TION BY THE GOVERNMENT OF establish new country or regional Foreign (2) designed to alleviate poverty; and NICARAGUA. (3) to eliminate government corruption. Epidemiology Training Programs in eligible Section 527 of the Foreign Relations Au- developing countries. thorization Act, Fiscal Years 1994 and 1995 SEC. 2513. SUPPORT FOR INDEPENDENT MEDIA IN ETHIOPIA. SEC. 2413. AUTHORIZATION OF APPROPRIATIONS. (Public Law 103–236; 108 Stat. 475; 22 U.S.C. Of the amounts made available under chap- (a) AUTHORIZATION OF APPROPRIATIONS.— 2370a) is amended by adding at the end the ter 1 of part I of the Foreign Assistance Act (1) IN GENERAL.—Of the amounts author- following new subsection: ized to be appropriated under this division ‘‘(i) CERTAIN CLAIMS FOR EXPROPRIATION BY of 1961 (22 U.S.C. 2151 et seq.), such sums as for Nonproliferation, Anti-terrorism, THE GOVERNMENT OF NICARAGUA.— are necessary may be made available in fis- Demining and Related Programs, there is au- ‘‘(1) MATTERS NOT TO BE CONSIDERED.—Any cal year 2004 to support independent media thorized to be appropriated $35,000,000 for the action described in subsection (a)(1) that was in Ethiopia, including providing support to— fiscal year 2004 to carry out this title. taken by the Government of Nicaragua dur- (1) strengthen the capacity of journalists; (2) ALLOCATION OF FUNDS.—Of the amounts ing the period beginning on January 1, 1956, and made available under paragraph (1)— and ending on January 9, 2002, may not be (2) increase access to printing facilities by (A) $25,000,000 for the fiscal year 2004 is au- considered in implementing the prohibition individuals who work in the print media. thorized to be available to carry out sections under subsection (a) unless the action has SEC. 2514. SUPPORT FOR SOMALIA. 2406, 2407, 2408, and 2409; been presented in accordance with the proce- (a) SENSE OF CONGRESS.—It is the sense of (B) $500,000 for the fiscal year 2004 is au- dure set forth in paragraph (2). Congress that— thorized to be available to carry out section ‘‘(2) ACTIONS PRESENTED.—An action shall (1) the United States should work— 2410; be deemed presented for purposes of para- (A) to support efforts to strengthen state (C) $2,500,000 for the fiscal year 2004 is au- graph (1) if, not later than 120 days after the capacity in Somalia; thorized to be available to carry out section date prescribed under paragraph (3), a writ- (B) to curtail opportunities for terrorists 2411; and ten description of the action is— and other international criminals in Soma- (D) $7,000,000 for the fiscal year 2004 is au- ‘‘(A) submitted to the Secretary of State lia; thorized to be available to carry out section by a United States person; and (C) to engage sectors of Somali society 2412. ‘‘(B) received by the Department of State that are working to improve the conditions (b) AVAILABILITY OF FUNDS.—The amount at— of the Somali people; and appropriated pursuant to subsection (a) is ‘‘(i) the headquarters of the Department of (D) to provide alternatives to extremist in- authorized to remain available until ex- State in Washington, District of Columbia; fluences in Somalia by vigorously pursuing pended. or small-scale human development initiatives; (c) REPORTING REQUIREMENT.—Not later ‘‘(ii) the Embassy of the United States of and than 120 days after the date of enactment of America to Nicaragua. (2) supporting stability in Somalia is in the this title, the Secretary shall submit a re- ‘‘(3) TIME FOR PRESENTATION.—The Sec- national interest of the United States. port, in conjunction with the Secretary of retary of State shall prescribe the date on (b) REPORT.— Health and Human Services and the Sec- which the presentation deadline is based for (1) REQUIREMENT.—Not later than 6 months retary of Defense, containing— the purposes of paragraph (2) and shall pub- after the date of enactment of this Act, the (1) a description of the implementation of lish a notice of such date in the Federal Reg- Secretary of State shall report to the Com- programs under this title; and ister. The prescribed date may be any date mittee on Foreign Relations of the Senate (2) an estimate of the level of funding re- selected by the Secretary in the Secretary’s and the Committee on International Rela- quired to carry out those programs at a suf- sole discretion, except that such date may tions of the House of Representatives on the ficient level. not be the date on which this subsection strategy for engaging with pockets of com- TITLE XXV—REPORTING REQUIREMENTS takes effect or any date before such effective petence within the borders of Somalia to AND OTHER MATTERS date.’’. both strengthen local capacity and to estab- Subtitle A—Elimination and Modification of SEC. 2512. SUPPORT FOR SIERRA LEONE. lish incentives for other communities to Certain Reporting Requirements (a) FINDINGS.—Congress makes the fol- seek stability. SEC. 2501. ANNUAL REPORT ON TERRITORIAL IN- lowing findings: (2) CONTENT.—The report shall— TEGRITY. (1) As of January 1, 2003, the United States (A) outline a multiyear strategy for in- Section 560 of the Foreign Operations, Ex- had provided a total of $516,000,000 to the creasing— port Financing, and Related Programs Ap- United Nations Mission in Sierra Leone and (i) access to primary and secondary edu- propriations Act, 1994 (titles I through V of to Operation Focus Relief for the purpose of cation and basic health care services, includ- Public Law 103–87; 107 Stat. 966) is amended bringing peace and stability to Sierra Leone. ing projected staffing and resource needs in by striking subsection (g). (2) In fiscal year 2003, Congress appro- light of Somalia’s current capacity; SEC. 2502. ANNUAL REPORTS ON ACTIVITIES IN priated $144,850,000 to support the United Na- (ii) support for the efforts underway to es- COLOMBIA. tions Mission in Sierra Leone, and the Presi- tablish clear systems for effective regulation Section 694 of the Foreign Relations Au- dent has requested $84,000,000 for fiscal year and monitoring of Somali remittance compa- thorization Act, Fiscal Year 2003 (Public Law 2004 to support such Mission. nies; and 107–228; 116 Stat. 1415; 22 U.S.C. 2291 note) is (b) SENSE OF CONGRESS.—It is the sense of (iii) support initiatives to rehabilitate So- amended by adding at the end the following: Congress that the considerable United States malia’s livestock export sector; and

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.025 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13293

(B) evaluate the feasibility of using the (e) APPROPRIATE CONGRESSIONAL COMMIT- Armed Forces are taking effective measures, Ambassador’s Fund for Cultural Preserva- TEES DEFINED.—In this section, the term including cooperating with the Director of tion to support Somalia’s cultural heritage, ‘‘appropriate congressional committees’’ the Federal Bureau of Investigation— including the oral traditions of the Somali means the Committee on Foreign Relations (1) to conduct a full investigation of the at- people. of the Senate and the Committee on Inter- tack on United States citizens in West SEC. 2515. SUPPORT FOR CENTRAL AFRICAN national Relations of the House of Rep- Papua, Indonesia on August 31, 2002; and STATES. resentatives. (2) to criminally prosecute the individuals (a) FINDINGS.—Congress makes the fol- SEC. 2516. AFRICAN CONTINGENCY OPERATIONS responsible for such attack. lowing findings: TRAINING AND ASSISTANCE PRO- (c) LIMITATION.—Nothing in this section (1) In recent years, the Central African GRAM. shall prohibit the United States Government States of Burundi, the Democratic Republic (a) AVAILABILITY OF FUNDS.—Of the from continuing to conduct programs or of the Congo, Rwanda, and Uganda have all amounts made available under chapter 6 of training with the Indonesian Armed Forces, been involved in overlapping conflicts that part II of the Foreign Assistance Act of 1961 including counter-terrorism training, officer have destabilized the region and contributed (22 U.S.C 2348 et seq.), $15,000,000 may be visits, port visits, or educational exchanges to the deaths of millions of civilians. made available in fiscal year 2004 to support that are being conducted on the date of the (2) The Department of State’s 2002 Country the African Contingency Operations Train- enactment of this Act. Report on Human Rights Practices in Bu- ing and Assistance program (in this section (d) APPROPRIATE CONGRESSIONAL COMMIT- rundi states that, ‘‘impunity for those who referred to as ‘‘ACOTA’’) to enhance the ca- TEES DEFINED.—In this section, the term ‘‘appropriate congressional committees’’ committed serious human rights violations, pacity of African militaries to participate in means the Committee on Foreign Relations and the continuing lack of accountability for peace support operations. of the Senate and the Committee on Inter- those who committed past abuses, remained (b) ELIGIBILITY FOR PARTICIPATION.— national Relations of the House of Rep- key factors in the country’s continuing in- (1) CRITERIA.—Countries receiving ACOTA resentatives. stability.’’ support shall be selected on the basis of— (3) The Department of State’s 2002 Country (A) the country’s willingness to participate SEC. 2518. ASSISTANCE TO COMBAT HIV/AIDS IN in peace support operations; CERTAIN COUNTRIES OF THE CARIB- Report on Human Rights Practices in the BEAN REGION. Democratic Republic of the Congo states (B) the country’s military capability; Section 1(f)(2)(B)(ii)(VII) of the State De- that, ‘‘the judiciary continued to be under- (C) the country’s democratic governance; partment Basic Authorities Act of 1956 (22 funded, inefficient, and corrupt. It largely (D) the nature of the relations between the U.S.C. 2651a(f)(2)(B)(ii)(VII)) is amended by was ineffective as a deterrent to human civil and military authorities within the inserting after ‘‘Zambia,’’ the following: rights abuses or as a corrective force.’’ country; ‘‘Antigua and Barbuda, the Bahamas, Bar- (4) The Department of State’s 2002 Country (E) the human rights record of the coun- bados, Belize, Dominica, Grenada, Jamaica, Report on Human Rights Practices in Rwan- try, with particular attention paid to the Montserrat, Saint Kitts and Nevis, Saint da states that ‘‘there were credible reports record of the military; and Vincent and the Grenadines, Saint Lucia, that Rwandan Defense Force units operating (F) the relations between the country and Suriname, Trinidad and Tobago, Dominican in the [Democratic Republic of the Congo] its neighboring states. Republic,’’. committed deliberate unlawful killings and (2) ELIGIBILITY REVIEW.—The eligibility SEC. 2519. EMERGENCY FOOD AID FOR HIV/AIDS other serious abuses, and impunity remained status of participating countries shall be re- VICTIMS. a problem,’’ and that ‘‘the Government con- viewed at least annually. (a) FINDINGS.—The Senate finds the fol- tinued to conduct genocide trials at a slow (c) SENSE OF CONGRESS ON LOCAL CON- lowing: pace.’’ SULTATIONS.—It is the sense of Congress that (1) The Centers for Disease Control and (5) The Department of State’s 2002 Country the Department of State should— Prevention found that ‘‘For persons living Report on Human Rights Practices in Ugan- (1) provide information about the nature with HIV/AIDS, practicing sound nutrition da states that ‘‘security forces used exces- and purpose of ACOTA training to nationals can play a key role in preventing malnutri- sive force, at times resulting in death, and of a country participating in ACOTA, includ- tion and wasting syndrome, which can weak- committed or failed to prevent extrajudicial ing parliamentarians and nongovernmental en an already compromised immune sys- killings of suspected rebels and civilians. humanitarian and human rights organiza- tem.’’. The Government enacted measures to im- tions; and (2) There are immediate needs for addi- prove the discipline and training of security (2) to the extent possible, provide such in- tional food aid in sub-Saharan Africa where forces and punished some security force offi- formation prior to the beginning of ACOTA the World Food Program has estimated that cials who were guilty of abuses; however, training activities in such country. more than 40,000,000 people are at risk of abuses by the security forces remained a (d) SENSE OF CONGRESS ON MONITORING.—It starvation. problem.’’ is the sense of Congress that— (3) Prices of certain staple commodities (6) Ongoing human rights abuses in the (1) the Department of State and other rel- have increased by 30 percent over the past Democratic Republic of the Congo, including evant departments and agencies should mon- year, which was not anticipated by the ethnically-based conflict in Ituri province, itor the performance and conduct of military President’s fiscal year 2004 budget request. threaten the integrity and viability of the units that receive ACOTA training or sup- (4) The Commodity Credit Corporation has Congolese peace process. port; and the legal authority to finance up to (b) STATEMENT OF POLICY.—It is the policy (2) the Department of State should provide $30,000,000,000 for ongoing agriculture proof the United States Government to sup- to the appropriate congressional committees grams and $250,000,000 represents a use of less port— an annual report on the information gained than 1 percent of such authority to combat (1) efforts aimed at accounting for the through such monitoring. the worst public health crisis in 500 years. grave human rights abuses and crimes (e) APPROPRIATE CONGRESSIONAL COMMIT- (b) COMMODITY CREDIT CORPORATION.— against humanity that have taken place TEES DEFINED.—In this section, the term (1) IN GENERAL.—The Secretary of Agri- throughout the central African region since ‘‘appropriate congressional committees’’ culture shall immediately use the funds, fa- 1993; means the Committee on Foreign Relations cilities, and authorities of the Commodity (2) programs to encourage reconciliation in of the Senate and the Committee on Inter- Credit Corporation to provide an additional communities affected by such crimes; and national Relations of the House of Rep- $250,000,000 in fiscal year 2003 to carry out (3) efforts aimed at preventing such crimes resentatives. programs authorized under title II of the Ag- in the future. SEC. 2517. CONDITION ON THE PROVISION OF ricultural Trade Development and Assist- (c) REPORT.—Not later than 180 days after CERTAIN FUNDS TO INDONESIA. ance Act of 1954 (7 U.S.C. 1691 et seq.) to as- the date of enactment of this Act, the Sec- (a) CONDITION ON ASSISTANCE.—Subject to sist in mitigating the effects of HIV/AIDS on retary of State shall submit to the appro- subsection (c), no funds made available affected populations in sub-Saharan Africa priate congressional committees a report on under section 23 of the Arms Export Control and other developing nations, and by Sep- the actions taken by the United States Gov- Act (22 U.S.C. 2763) or chapter 5 of part II of tember 30, 2003, the Administrator of the ernment to implement the policy set out in the Foreign Assistance Act of 1961 (22 U.S.C. United States Agency for International De- subsection (b). 2347 et seq.) in fiscal year 2004, other than velopment shall enter into agreements with (d) AUTHORIZATION.—Of the amounts made funds made available for expanded military private voluntary organizations, nongovern- available under chapter 4 of part II of the education and training under such chapter, mental organizations, and other appropriate Foreign Assistance Act of 1961 (22 U.S.C. 2346 may be available for a program that involves organizations for the provision of such agri- et seq.), up to $12,000,000 may be made avail- the Government of Indonesia or the Indo- cultural commodities through programs able for fiscal year 2004 to support the devel- nesian Armed Forces until the President that— opment of responsible justice and reconcili- makes the certification described in sub- (A) provide nutritional assistance to indi- ation mechanisms in the Democratic Repub- section (b). viduals with HIV/AIDS and to children, lic of the Congo, Rwanda, Burundi, and (b) CERTIFICATION.—The certification re- households, and communities affected by Uganda, including programs to increase ferred to in subsection (a) is a certification HIV/AIDS; and awareness of gender-based violence and to submitted by the President to the appro- (B) generate funds from the sale of such improve local capacity to prevent and re- priate congressional committees that the commodities for activities related to the pre- spond to such violence. Government of Indonesia and the Indonesian vention and treatment of HIV/AIDS, support

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.026 S27PT1 S13294 CONGRESSIONAL RECORD — SENATE October 27, 2003 services and care for HIV/AIDS infected indi- the capture, as of July 2003, of some 3,553 (6) The Department of Defense has stated viduals and affected households, and the cre- guerrillas and 1,336 members of that it will require 1 year to train a new ation of sustainable livelihoods among indi- paramilitaries and the surrender of an addi- Iraqi Army of 12,000 soldiers and 3 years to viduals in HIV/AIDS affected communities, tional 1,138 members of illegal groups, the train 40,000 soldiers. including income-generating and business destruction of more than 1,000 coca labora- (7) The Coalition Provisional Authority activities. tories, the confiscation of solid and liquid has stated that it will require at least 1 year (2) RELATIONSHIP TO PREVIOUS FOOD AID.— chemicals used for manufacturing cocaine, to recruit and train a police force of 40,000 of- The food provided under this subsection shall and the seizure of weapons from guerrillas ficers capable of assuming minimal police be in addition to any other food aid acquired and drug traffickers. functions in Iraq, that it will require 5 years and provided by the Commodity Credit Cor- (6) In the past several years, the Govern- to recruit and train a full force of 75,000 offi- poration prior to the date of enactment of ment of Colombia has extradited 78 persons cers, and that at least 5,500 additional inter- this Act. Agricultural commodities made to the United States to face trial on nar- national police are needed to train, assist, available under this subsection may, not- cotics and terrorism charges. and jointly patrol with the existing Iraqi po- withstanding any other provision of law, be (7) The Government of Colombia is work- lice force. shipped in fiscal years 2003 and 2004. ing to establish law and order in Colombia— (8) President Bush has noted that ‘‘The rise SEC. 2520. REPEAL OF OBSOLETE ASSISTANCE (A) homicides have reportedly declined in of Iraq, as an example of moderation and de- AUTHORITY. Colombia during the first months of 2003, as mocracy and prosperity, is a massive and Sections 495 through 495K of the Foreign compared to the same period in 2002; and long-term undertaking’’, and it is clear that Assistance Act of 1961 (22 U.S.C. 2292f (B) kidnappings have reportedly declined increasing the number of troops and police through 2292q) are repealed. during the first months of 2003, as compared from countries other than the United States will reduce risks to American soldiers and SEC. 2521. TECHNICAL CORRECTIONS. to the same period in 2002. (8) The Government of Colombia is train- the financial cost to the United States. (a) ERROR IN ENROLLMENT.—Effective as of ing and equipping during 2003, thousands of (9) Secretary Rumsfeld testified that ‘‘We November 21, 1990, as if included therein, sec- certainly want assistance from NATO and tion 10(a)(1) of Public Law 101–623 (104 Stat. new police officers who will be stationed in hundreds of rural towns where there is little from NATO countries’’ and it is clear that 3356), relating to an amendment of section involving the North Atlantic Treaty Organi- 610(a) of the Foreign Assistance Act of 1961 or no police presence. (9) The Government of Colombia plans to zation, as is being done in Afghanistan and (22 U.S.C. 2360(a)), is amended by striking has been done in Kosovo and Bosnia, allows ‘‘ ‘part I’’’ and inserting ‘‘ ‘part I)’’’. increase defense spending from 3.5 percent of its gross domestic product in 2002 to 5.8 per- the Coalition to maintain a robust military (b) REDESIGNATION OF DUPLICATIVELY NUM- cent of its gross domestic product by 2006, presence while decreasing the exposure and BERED SECTION.—Section 620G of the Foreign risk to American troops. Assistance Act of 1961, as added by section and to enlarge its armed forces by 126,000 troops. (10) Rebuilding Iraq’s neglected infrastruc- 149 of Public Law 104–164 (110 Stat. 1436; 22 ture and economy and administering Iraq— U.S.C. 2378a), is redesignated as section 620J. (10) It is in the national interests of the United States to continue to support the ef- including providing basic services and pay- (c) CORRECTION OF SHORT TITLE.—Effective ing public sector salaries—is likely to re- as of September 30, 1961, as if included there- forts of President Alvaro Uribe Velez of Co- lombia, and the Government and people of quire tens of billions of dollars over several in, section 111 of Public Law 87–329 (75 Stat. years and projected Iraqi oil revenues will be Colombia, to stop narcotics trafficking, end 719; 22 U.S.C. 2151 note) is amended by strik- insufficient to meet these costs. terrorism, strengthen democracy, and pro- ing ‘‘ ‘The Foreign’’ and inserting ‘‘the ‘For- (b) SENSE OF CONGRESS.—It is the sense of eign’’. tect human rights. Congress that— (b) COMMENDATION.—The Senate— SEC. 2522. TECHNICAL CORRECTION RELATING (1) it is in the national security interests TO THE ENHANCED HIPC INITIA- (1) commends President Alvaro Uribe Velez of the United States to remain engaged in TIVE. of Colombia and the Government and the Iraq in order to ensure a peaceful, stable, Section 1625(a)(1)(B)(ii) of the Inter- people of Colombia on the third anniversary unified Iraq with a representative govern- national Financial Institutions Act (as added of Plan Colombia and for their efforts in ment; by section 501 of the United States Leader- fighting illegal drugs and terrorism; and (2) the President should consider request- ship Against HIV/AIDS, Tuberculosis, and (2) supports and encourages the efforts of ing formally and expeditiously that NATO Malaria Act of 2003 (Public Law 108–25)) is President Uribe and the Government and raise a force for deployment in post-war Iraq amended by striking ‘‘subparagraph (A)’’ and people of Colombia to preserve and strength- similar to what it has done in Afghanistan, inserting ‘‘clause (i)’’. en democracy, protect human rights, and Bosnia, and Kosovo and Congress urges provide economic opportunity in Colombia. SEC. 2523. COMMENDATION OF THE LEADERSHIP NATO allies and other nations to provide AND PEOPLE OF COLOMBIA ON THE SEC. 2524. IN APPRECIATION OF OUR ARMED troops and police to Coalition efforts in Iraq; SUCCESSFUL IMPLEMENTATION OF FORCES AND REGARDING RESTOR- and PLAN COLOMBIA. ING STABILITY AND SECURITY IN (3) the President should consider calling on (a) FINDINGS.—Congress makes the fol- IRAQ. the United Nations to urge its member lowing findings: (a) FINDINGS.—Congress makes the fol- states to provide military forces and civilian (1) July 13, 2003, marks the third anniver- lowing findings: police to promote stability and security in sary of the enactment of legislation pro- (1) The United States Armed Forces, with Iraq and resources to help rebuild and ad- viding initial United States assistance for the support of forces from Great Britain and minister Iraq. the Plan Colombia initiative. Since then, the other countries, historically and coura- DIVISION D—MILLENNIUM CHALLENGE United States has provided over $3,000,000,000 geously liberated Iraq in 3 weeks. ASSISTANCE in support of Plan Colombia. (2) Conditions on the ground in parts of SEC. 3001. SHORT TITLE. (2) During this period, the Government of Iraq continue to pose a grave threat to This division may be cited as the ‘‘Millen- Colombia, with United States support, has American troops, thereby complicating ef- nium Challenge Act of 2003’’. made progress in the eradication and seizure forts to restore law and order and essential SEC. 3002. FINDINGS AND PURPOSES. of illegal drugs. public services for Iraqis and these efforts (a) FINDINGS.—Congress makes the fol- (3) According to reports— are further complicated by the absence of ef- lowing findings: (A) the total area of coca cultivation in Co- fective communication with the Iraqi people. (1) On March 14, 2002, President George W. lombia has declined 59.9 percent from 163,289 (3) Ultimately, maintaining law and order Bush stated that ‘‘America supports the hectares in 2000 to 102,071 at the end of 2002, in Iraq and preserving its territorial integ- international development goals in the U.N. with a further additional 65,000 hectares to rity will require the creation of a profes- Millennium Declaration, and believes that be sprayed with herbicides in 2003; sionally trained Iraqi police force and a re- the goals are a shared responsibility of de- (B) 3,300 hectares of poppy crop have been formed Iraqi military but that will take a veloped and developing countries.’’ The sprayed with herbicides in 2002, and an addi- significant amount of time and in the mean- President also called for a ‘‘new compact for tional 1,658 hectares to be sprayed in 2003; time international armed forces and police global development, defined by new account- and must assume these responsibilities. ability for both rich and poor nations’’ and (C) between January 2002 and May 2003, 100 (4) Approximately 145,000 United States pledged support for increased assistance tons of pure cocaine and 850 kilos of heroin troops are currently deployed in Iraq, mean- from the United States through the estab- have been seized with a street value of ap- ing that American troops comprise roughly lishment of a Millennium Challenge Account proximately $3,000,000,000. 90 percent of Coalition forces, and even if, as for countries that govern justly, invest in (4) The armed forces of Colombia have 60 the Department of Defense has stated, an ad- their own people, and encourage economic percent more combat-ready troops than in ditional 10,000 international troops join the freedom. 1999, including three United States-trained Coalition effort in Iraq by September, Amer- (2) The elimination of extreme poverty and counterdrug brigades and five riverine bri- icans will still comprise roughly 85 percent the achievement of the other international gades. of Coalition forces. development goals of the United Nations (5) The armed forces of Colombia are tak- (5) Maintaining the existing force level in Millennium Declaration adopted by the ing steps against the drug traffickers and Iraq currently requires $3,900,000,000 each United Nations General Assembly on Sep- terrorists in Colombia, as demonstrated by month. tember 8, 2000, are important objectives and

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.026 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13295 it is appropriate for the United States to (A) The Secretary of State, who shall serve (A) promote political pluralism and the make development assistance available in a as the Chair of the Board. rule of law; manner that will assist in achieving such (B) The Secretary of the Treasury. (B) respect human and civil rights; goals. (C) The Administrator of the United States (C) protect private property rights; (3) The availability of financial assistance Agency for International Development. (D) encourage transparency and account- through a Millennium Challenge Account, (D) The CEO. ability of government; and linked to performance by developing coun- (E) The United States Trade Representa- (E) limit corruption; tries, can contribute significantly to the tive. (2) economic freedom, including a dem- achievement of the international develop- (2) FUNCTIONS OF THE BOARD.—The Board onstrated commitment to economic policies ment goals of the United Nations Millen- shall perform the functions specified to be that— nium Declaration. carried out by the Board in this division. (A) encourage citizens and firms to partici- (b) PURPOSES.—The purposes of this divi- SEC. 3102. AUTHORIZATION FOR MILLENNIUM pate in global trade and international cap- sion are— CHALLENGE ASSISTANCE. ital markets; (1) to provide United States assistance for (a) AUTHORITY.—The Corporation is au- (B) promote private sector growth and the global development through the Millennium thorized to provide assistance to an eligible sustainable use of natural resources; and Challenge Corporation, as described in sec- entity consistent with the purposes of this (C) strengthen market forces in the econ- tion 3102; and division set out in section 3002(b) to conduct omy; and (2) to provide such assistance in a manner programs or projects consistent with the ob- (3) investments in the people of such coun- that promotes economic growth and the jectives of a Millennium Challenge Contract. try, including improving the availability of elimination of extreme poverty and Assistance provided under this division may educational opportunities and health care strengthens good governance, economic free- be provided notwithstanding any other pro- for all citizens of such country. dom, and investments in people. vision of law, except that the Corporation is (b) ASSESSING ELIGIBILITY.— SEC. 3003. DEFINITIONS. prohibited from providing assistance to any (1) IN GENERAL.—To evaluate the dem- In this division: entity for any project which is likely to— onstrated commitment of a candidate coun- (1) BOARD.—The term ‘‘Board’’ means the (1) cause the substantial loss of United try for the purposes of subsection (a), the Millennium Challenge Board established by States jobs or the displacement of United CEO shall recommend objective and quantifi- section 3101(c). States production; or able indicators, to be approved by the Board, (2) CANDIDATE COUNTRY.—The term ‘‘can- (2) pose an unreasonable or major environ- of a candidate country’s performance with didate country’’ means a country that meets mental, health, or safety hazard. respect to the criteria described in para- the criteria set out in section 3103. (b) EXCEPTION.—Assistance under this divi- graphs (1), (2), and (3) of such subsection. In (3) CEO.—The term ‘‘CEO’’ means the chief sion may not be used for military assistance recognition of the essential role of women in executive officer of the Corporation estab- or training. developing countries, the CEO shall ensure lished by section 3101(b). (c) FORM OF ASSISTANCE.—Assistance under that such indicators, where appropriate, (4) CORPORATION.—The term ‘‘Corporation’’ this division may be provided in the form of take into account and assess the role of means the Millennium Challenge Corpora- grants to eligible entities. women and girls. The approved indicators tion established by section 3101(a). (d) COORDINATION.—The provision of assist- shall be used in selecting eligible countries. (5) ELIGIBLE COUNTRY.—The term ‘‘eligible ance under this division shall be coordinated country’’ means a candidate country that is with other United States foreign assistance (2) ANNUAL PUBLICATION OF INDICATORS.— determined, under section 3104, as being eli- programs. (A) INITIAL PUBLICATION.—Not later than 45 gible to receive assistance under this divi- (e) APPLICATIONS.—An eligible entity seek- days prior to the final publication of indica- sion. ing assistance under this division to conduct tors under subparagraph (B) in any year, the Board shall publish in the Federal Register (6) MILLENNIUM CHALLENGE ACCOUNT.—The programs or projects consistent with the ob- term ‘‘Millennium Challenge Account’’ jectives of a Millennium Challenge Contract and make available on the Internet the indi- means the account established under section shall submit a proposal for the use of such cators that the Board proposes to use for the 3301. assistance to the Board in such manner and purposes of paragraph (1) in such year. accompanied by such information as the (B) FINAL PUBLICATION.—Not later than 15 TITLE XXXI—MILLENNIUM CHALLENGE Board may reasonably require. days prior to the selection of eligible coun- ASSISTANCE SEC. 3103. CANDIDATE COUNTRY. tries in any year, the Board shall publish in SEC. 3101. ESTABLISHMENT AND MANAGEMENT (a) IN GENERAL.—A country is a candidate the Federal Register and make available on OF THE MILLENNIUM CHALLENGE the Internet the indicators that are to be CORPORATION. country for the purposes of this division— used for the purposes of paragraph (1) in such (a) ESTABLISHMENT OF THE CORPORATION.— (1) during fiscal year 2004, if such country year. There is established in the executive branch is eligible to receive loans from the Inter- (3) CONSIDERATION OF PUBLIC COMMENT.— a corporation within the meaning of section national Development Association; 103 of title 5, United States Code, to be (2) during fiscal year 2005, if the per capita The Board shall consider any comments on known as the Millennium Challenge Corpora- income of such country is less than the his- the proposed indicators published under tion with the powers and authorities de- torical per capita income cutoff of the Inter- paragraph (2)(A) that are received within 30 scribed in title XXXII. national Development Association for that days after the publication of such indicators (b) CEO OF THE CORPORATION.— year; and when selecting the indicators to be used for (1) IN GENERAL.—There shall be a chief ex- (3) during any fiscal year after 2005— the purposes of paragraph (1). ecutive officer of the Corporation who shall (A) for which more than $5,000,000,000 has SEC. 3105. ELIGIBLE ENTITY. be responsible for the management of the been appropriated to the Millennium Chal- (a) ASSISTANCE.—Any eligible entity may Corporation. lenge Account, if the country is classified as receive assistance under this division to (2) APPOINTMENT.—The President shall ap- a lower middle income country by the World carry out a project in an eligible country for point, by and with the advice and consent of Bank on the first day of such fiscal year; or the purpose of making progress toward the Senate, the CEO. (B) for which not more than $5,000,000,000 achieving an objective of a Millennium Chal- (3) RELATIONSHIP TO THE SECRETARY OF has been appropriated to such Millennium lenge Contract. STATE.—The CEO shall report to and be Challenge Account, the per capita income of (b) DETERMINATIONS OF ELIGIBILITY.—The under the direct authority and foreign policy such country is less than the historical per Board shall determine whether a person or guidance of the Secretary of State. The Sec- capita income cutoff of the International De- governmental entity is an eligible entity for retary of State shall coordinate the provi- velopment Association for that year. the purposes of this section. sion of United States foreign assistance. (b) LIMITATION ON ASSISTANCE TO CERTAIN (c) ELIGIBLE ENTITIES.—For the purposes of CANDIDATE COUNTRIES.—In a fiscal year in (4) DUTIES.—The CEO shall, in consultation this section, an eligible entity is— which subparagraph (A) of subsection (a)(3) with the Board, direct the performance of all (1) a government, including a local or re- applies with respect to determining can- functions and the exercise of all powers of gional government; or didate countries, not more than 20 percent of the Corporation, including ensuring that as- (2) a nongovernmental organization or the amounts appropriated to the Millennium sistance under this division is coordinated other private entity. with other United States economic assist- Challenge Account shall be available for as- ance programs. sistance to countries that would not be can- SEC. 3106. MILLENNIUM CHALLENGE CONTRACT. (5) EXECUTIVE LEVEL II.—Section 5313 of didate countries if subparagraph (B) of sub- (a) IN GENERAL.—The Board shall invite title 5, United States Code, is amended by section (a)(3) applied during such year. the government of an eligible country to adding at the end the following: SEC. 3104. ELIGIBLE COUNTRY. enter into a Millennium Challenge Contract ‘‘Chief Executive Officer, Millennium Chal- (a) DETERMINATION BY THE BOARD.—The with the Corporation. A Millennium Chal- lenge Corporation.’’. Board shall determine whether a candidate lenge Contract shall establish a multiyear (c) MILLENNIUM CHALLENGE BOARD.— country is an eligible country by evaluating plan for the eligible country to achieve spe- (1) ESTABLISHMENT OF THE BOARD.—There is the demonstrated commitment of the gov- cific objectives consistent with the purposes established a Millennium Challenge Board. ernment of the candidate country to— set out in section 3002(b). (2) COMPOSITION.—The Board shall be com- (1) just and democratic governance, includ- (b) CONTENT.—A Millennium Challenge posed of the following members: ing a demonstrated commitment to— Contract shall include—

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.026 S27PT1 S13296 CONGRESSIONAL RECORD — SENATE October 27, 2003 (1) specific objectives to be achieved by the (A) the progress made during each year by wherever situated, as may be necessary for eligible country during the term of the Con- an eligible country toward achieving the ob- carrying out the functions of the Corpora- tract; jectives set out in the Millennium Challenge tion; (2) a description of the actions to be taken Contract entered into by the eligible coun- (7) may accept cash gifts or donations of by the government of the eligible country try; and services or of property (real, personal, or and the United States Government for (B) the extent to which assistance provided mixed), tangible or intangible, for the pur- achieving such objectives; under this division has been effective in pose of carrying out the provisions of this di- (3) the role and contribution of private en- helping the eligible country to achieve such vision; tities, nongovernmental organizations, and objectives. (8) may use the United States mails in the other organizations in achieving such objec- (b) DISSEMINATION.—The information re- same manner and on the same conditions as tives; quired to be disclosed under subsection (a) the executive departments of Government; (4) a description of beneficiaries, to the ex- shall be made available to the public by (9) may contract with individuals for per- tent possible disaggregated by gender; means of publication in the Federal Register sonal services, who shall not be considered (5) regular benchmarks for measuring and posting on the Internet, as well as by Federal employees for any provision of law progress toward achieving such objectives; any other methods that the Board deter- administered by the Office of Personnel Man- (6) a schedule for achieving such objec- mines appropriate. agement; tives; SEC. 3109. MILLENNIUM CHALLENGE ASSIST- (10) may hire or obtain passenger motor ve- (7) a schedule of evaluations to be per- ANCE TO CANDIDATE COUNTRIES. hicles; and formed to determine whether the country is (a) AUTHORITY.—Notwithstanding any (11) shall have such other powers as may be meeting its commitments under the Con- other provision of this division and subject necessary and incident to carrying out this tract; to the limitation in subsection (c), the Cor- division. (8) a statement that the Corporation in- poration is authorized to provide assistance (b) CONTRACTING AUTHORITY.—The func- tends to consider the eligible country’s per- to a candidate country that meets the conditions and powers authorized by this division formance in achieving such objectives in tions in subsection (b) for the purpose of as- may be performed without regard to any pro- making decisions about providing continued sisting such country to become an eligible vision of law regulating the making, per- assistance under the Contract; country. formance, amendment, or modification of (9) the strategy of the eligible country to (b) CONDITIONS.—Assistance under sub- contracts, grants, and other agreements. sustain progress made toward achieving such section (a) may be provided to a candidate SEC. 3202. COORDINATION WITH USAID. objectives after the expiration of the Con- country that is not an eligible country under (a) REQUIREMENT FOR COORDINATION.—An tract; section 3104 because of— employee of the Corporation assigned to a (10) a plan to ensure financial account- (1) the unreliability of data used to assess United States diplomatic mission or con- ability for any assistance provided to a per- its eligibility under section 3104; or sular post or a United States Agency for son or government in the eligible country (2) the failure of the government of the International Development field mission in a under this division; and candidate country to perform adequately foreign country shall, in a manner that is (11) a statement that nothing in the Con- with respect to only 1 of the indicators de- consistent with the authority of the Chief of tract may be construed to create a legally scribed in subsection (a) of section 3104. Mission, coordinate the performance of the binding or enforceable obligation on the (c) LIMITATION.—The total amount of as- functions of the Corporation in such country United States Government or on the Cor- sistance provided under subsection (a) in a with the officer in charge of the United poration. fiscal year may not exceed 10 percent of the States Agency of International Development (c) REQUIREMENT FOR CONSULTATION.—The funds made available to the Millennium programs located in such country. Corporation shall seek to ensure that the Challenge Account during such fiscal year. (b) USAID PROGRAMS.—The Administrator of the United States Agency for Inter- government of an eligible country consults SEC. 3110. ANNUAL REPORT TO CONGRESS. national Development shall seek to ensure with private entities and nongovernmental Not later than January 31 of each year, the that appropriate programs of the Agency organizations in the eligible country for the President shall submit to Congress a report play a primary role in preparing candidate purpose of ensuring that the terms of a Mil- on the assistance provided under this divi- countries to become eligible countries under lennium Challenge Contract entered into by sion during the prior fiscal year. The report section 3104. the Corporation and the eligible country— shall include— (1) reflect the needs of the rural and urban (1) information regarding obligations and SEC. 3203. PRINCIPAL OFFICE. The Corporation shall maintain its prin- poor in the eligible country; and expenditures for assistance provided to each cipal office in the metropolitan area of (2) provide means to assist poor men and eligible country in the prior fiscal year; Washington, District of Columbia. women in the eligible country to escape pov- (2) a discussion, for each eligible country, erty through their own efforts. of the objectives of such assistance; SEC. 3204. PERSONNEL AUTHORITIES. (d) REQUIREMENT FOR APPROVAL BY THE (3) a description of the coordination of as- (a) REQUIREMENT TO PRESCRIBE A HUMAN RESOURCES MANAGEMENT SYSTEM.—The CEO BOARD.—A Millennium Challenge Contract sistance under this division with other shall, jointly with the Director of the Office shall be approved by the Board before the United States foreign assistance and related of Personnel Management, prescribe regula- Corporation enters into the Contract. trade policies; tions that establish a human resources man- SEC. 3107. SUSPENSION OF ASSISTANCE TO AN (4) a description of the coordination of as- agement system, including a retirement ben- ELIGIBLE COUNTRY. sistance under this division with the con- efits program, for the Corporation. The Secretary of State shall direct the tributions of other donors; and (b) RELATIONSHIP TO OTHER LAWS.— CEO to suspend the provision of assistance (5) any other information the President (1) INAPPLICABILITY OF CERTAIN LAWS.—Ex- to an eligible country under a Millennium considers relevant to assistance provided Challenge Contract during any period for cept as provided in paragraph (2), the provi- under this division. which such eligible country is ineligible to sions of title 5, United States Code, and of receive assistance under a provision of the TITLE XXXII—POWERS AND AUTHORITIES the Foreign Service Act of 1980 (22 U.S.C. Foreign Assistance Act of 1961 (22 U.S.C. 2151 OF THE MILLENNIUM CHALLENGE COR- 3901 et seq.) shall not apply to the human re- et seq.). PORATION source management program established SEC. 3108. DISCLOSURE. SEC. 3201. POWERS OF THE CORPORATION. pursuant to paragraph (1). (a) REQUIREMENT FOR DISCLOSURE.—The (a) POWERS.—The Corporation— (2) APPLICATION OF CERTAIN LAWS.—The Corporation shall make available to the pub- (1) shall have perpetual succession unless human resources management system estab- lic on a continuous basis and on the earliest dissolved by an Act of Congress; lished pursuant to subsection (a) may not possible date, but not later than 15 days after (2) may adopt, alter, and use a seal, which waive, modify, or otherwise affect the appli- the information is available to the Corpora- shall be judicially noticed; cation to employees of the Corporation of tion, the following information: (3) may prescribe, amend, and repeal such the following provisions: (1) A list of the candidate countries deter- rules, regulations, and procedures as may be (A) Section 2301 of title 5, United States mined to be eligible countries during any necessary for carrying out the functions of Code. year. the Corporation; (B) Section 2302(b) of such title. (2) The text of each Millennium Challenge (4) may make and perform such contracts, (C) Chapter 63 of such title (relating to Contract entered into by the Corporation. grants, and other agreements with any per- leave). (3) For assistance provided under this divi- son or government however designated and (D) Chapter 72 of such title (relating to sion— wherever situated, as may be necessary for antidiscrimination). (A) the name of each entity to which as- carrying out the functions of the Corpora- (E) Chapter 73 of such title (relating to sistance is provided; tion; suitability, security, and conduct). (B) the amount of assistance provided to (5) may determine and prescribe the man- (F) Chapter 81 of such title (relating to the entity; and ner in which its obligations shall be incurred compensation for work injuries). (C) a description of the program or project and its expenses allowed and paid, including (G) Chapter 85 of such title (relating to un- for which assistance was provided. expenses for representation; employment compensation). (4) For each eligible country, an assess- (6) may lease, purchase, or otherwise ac- (H) Chapter 87 of such title (relating to life ment of— quire, improve, and use such real property insurance).

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.026 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13297

(I) Chapter 89 of such title (relating to SEC. 3205. PERSONNEL OUTSIDE THE UNITED (c) ALLOCATION OF FUNDS.— health insurance). STATES. (1) IN GENERAL.—The Corporation may allo- (J) Chapter 90 of such title (relating to (a) ASSIGNMENT TO UNITED STATES EMBAS- cate or transfer to any agency of the United long-term care insurance). SIES.—An employee of the Corporation, in- States Government any of the funds avail- (3) RELATIONSHIP TO RETIREMENT BENEFITS cluding an individual detailed to or con- able for carrying out this division. Such LAWS.—The retirement benefits program re- tracted by the Corporation, may be assigned funds shall be available for obligation and ferred to in subsection (a) shall permit the to a United States diplomatic mission or expenditure for the purposes for which au- employees of the Corporation to be eligible, consular post or a United States Agency for thorized, in accordance with authority unless the CEO determines otherwise, for International Development field mission. granted in this division or under authority benefits under— (b) PRIVILEGES AND IMMUNITIES.—The Sec- governing the activities of the agencies of (A) subchapter III of chapter 83 and chap- retary of State shall seek to ensure that an the United States Government to which such ter 84 of title 5, United States Code (relating employee of the Corporation, including an funds are allocated or transferred. to retirement benefits); or individual detailed to or contracted by the (2) NOTIFICATION.—The notification re- (B) chapter 8 of title I of the Foreign Serv- Corporation, and the members of the family quirements of section 634A(a) of the Foreign ice Act of 1980 (22 U.S.C. 4041 et seq.) (relat- of such employee, while the employee is per- Assistance Act of 1961 (22 U.S.C. 2394–1(a)) ing to the Foreign Service Retirement and forming duties in any country or place out- shall apply to any allocation or transfer of Disability System). side the United States, enjoy the privileges funds made pursuant to paragraph (1). (c) APPOINTMENT AND TERMINATION.—Ex- and immunities that are enjoyed by a mem- cept as otherwise provided in this section, ber of the Foreign Service, or the family of SA 1975. Mr ALLARD submitted an the CEO may, without regard to any civil a member of the Foreign Service, as appro- amendment intended to be proposed by service or Foreign Service law or regulation, priate, of comparable rank and salary of him to the bill H.R. 2800, making ap- appoint and terminate employees as may be such employee, if such employee or a mem- propriations for foreign operations, ex- necessary to enable the Corporation to per- ber of the family of such employee is not a form its duties. national of or permanently resident in such port financing, and related programs (d) COMPENSATION.— country or place. for the fiscal year ending September 30, (1) AUTHORITY TO FIX COMPENSATION.—Sub- (c) RESPONSIBILITY OF CHIEF OF MISSION.— 2004, and for other purposes; which was ject to the provisions of paragraph (2), the An employee of the Corporation, including ordered to lie on the table; as follows: CEO may fix the compensation of employees an individual detailed to or contracted by On page 147, between lines 6 and 7, insert of the Corporation. the Corporation, and a member of the family the following new section: (2) LIMITATIONS ON COMPENSATION.—The of such employee, shall be subject to section CONDITION ON THE PROVISION OF IMET FUNDS TO compensation for an employee of the Cor- 207 of the Foreign Service Act of 1980 (22 INDONESIA poration may not exceed the lesser of— U.S.C. 3927) in the same manner as United (A) the rate of compensation established Sec. 692. (a) Subject to subsection (c), no States Government employees while the em- funds appropriated by title IV of this Act, under title 5, United States Code, or any ployee is performing duties in any country Foreign Service law for an employee of the under the subheading ‘‘INTERNATIONAL MILI- or place outside the United States if such TARY EDUCATION AND TRAINING’’ under the Federal Government who holds a position employee or member of the family of such that is comparable to the position held by heading ‘‘FUNDS APPROPRIATED TO THE PRESI- employee is not a national of or permanently DENT’’ shall be made available for military the employee of the Corporation; or resident in such country or place. (B) the rate of pay prescribed for level IV education and training for Indonesia prior to of the Executive Schedule under section 5315 SEC. 3206. USE OF SERVICES OF OTHER AGEN- the date on which the President makes the CIES. certification described in subsection (b). of title 5, United States Code. The Corporation may utilize the informa- (e) TERM OF EMPLOYMENT.— (b) The certification referred to in sub- tion services, facilities and personnel of, or (1) IN GENERAL.—Except as provided in section (a) is a certification submitted by paragraphs (2) and (3), no individual may be procure commodities from, any agency of the President to the appropriate congres- employed by the Corporation for a total pe- the United States Government on a fully or sional committees that the Government of riod of employment that exceeds 5 years. partially reimbursable or nonreimbursable Indonesia and the Indonesian Armed Forces basis under such terms and conditions as (2) EXCEPTED POSITIONS.—The CEO, and not are taking effective measures, including co- more than 3 other employees of the Corpora- may be agreed to by the head of such agency operating with the Director of the Federal tion who are designated by the CEO, may be and the Corporation for carrying out this di- Bureau of Investigation— employed by the Corporation for an unlim- vision. (1) to conduct a full investigation of the at- ited period of employment. SEC. 3207. ADMINISTRATIVE AUTHORITIES. tack on United States citizens in West (3) WAIVER.—The CEO may waive the max- The Corporation is authorized to use any Papua, Indonesia on August 31, 2002; and imum term of employment described in para- of the administrative authorities contained (2) to criminally prosecute the individuals graph (1) if the CEO determines that such in the State Department Basic Authorities responsible for such attack. waiver is essential to the achievement of the Act of 1956 (22 U.S.C. 2651a et seq.) and the (c) Nothing in this section shall prohibit the United States Government from con- purposes of this division. Foreign Assistance Act of 1961 (22 U.S.C. 2151 (f) AUTHORITY FOR TEMPORARY EMPLOY- et seq.) unless such authority is inconsistent tinuing to conduct programs or training EES.—The CEO may procure temporary and with a provision of this division. with the Indonesian Armed Forces, including intermittent services under section 3109(b) of SEC. 3208. APPLICABILITY OF CHAPTER 91 OF counter-terrorism training, officer visits, title 5, United States Code, at rates for indi- TITLE 31, UNITED STATES CODE. port visits, or educational exchanges that viduals which do not exceed the daily equiva- The Corporation shall be subject to chap- are being conducted on the date of the enact- lent of the annual rate of basic pay pre- ter 91 of title 31, United States Code. ment of this Act. (d) In this section, the term ‘‘appropriate scribed for level V of the Executive Schedule TITLE XXXIII—THE MILLENNIUM CHAL- under section 5316 of such title. congressional committees’’ means the Com- LENGE ACCOUNT AND AUTHORIZATION mittee on Appropriations and Committee on (g) DETAIL OF FEDERAL EMPLOYEES TO THE OF APPROPRIATIONS CORPORATION.—Any Federal Government em- Foreign Relations of the Senate and the ployee may be detailed to the Corporation on SEC. 3301. ESTABLISHMENT OF THE MILLENNIUM Committee on Appropriations and the Com- CHALLENGE ACCOUNT. a fully or partially reimbursable or on a non- mittee on International Relations of the There is established on the books of the reimbursable basis, and such detail shall be House of Representatives. Treasury an account to be known as the Mil- without interruption or loss of civil service lennium Challenge Account that shall be ad- f or Foreign Service status or privilege. (h) REINSTATEMENT.—An employee of the ministered by the CEO under the direction of NOTICES OF HEARINGS/MEETINGS the Board. All amounts made available to Federal Government serving under a career COMMITTEE ON INDIAN AFFAIRS or career conditional appointment, or the carry out the provisions of this division shall be deposited into such Account and such Mr. CAMPBELL. Mr. President, I equivalent, in a Federal agency who trans- would like to announce that the Com- fers to or converts to an appointment in the amounts shall be available to carry out such Corporation with the consent of the head of provisions. mittee on Indian Affairs will meet on the agency is entitled to be returned to the SEC. 3302. AUTHORIZATION OF APPROPRIATIONS. Wednesday, October 29, 2003 at 10 a.m. employee’s former position or a position of (a) IN GENERAL.—There are authorized to in room 106 of the Dirksen Senate Of- like seniority, status, and pay without grade be appropriated to carry out the provisions fice Building to conduct a business or pay reduction in the agency if the em- of this division $1,000,000,000 for fiscal year meeting to consider pending com- ployee— 2004, $2,300,000,000 for fiscal year 2005, and mittee business; to be followed imme- (1) is being separated from the Corporation $5,000,000,000 for fiscal year 2006. diately by a hearing on S. 1770, the In- for reasons other than misconduct, neglect (b) AVAILABILITY.—Funds appropriated of duty, or malfeasance; and under subsection (a)— dian Money Account Claims Satisfac- (2) applies for return to the agency not (1) are authorized to remain available until tion Act of 2003. later than 30 days before the date of the ter- expended, subject to appropriations acts; and Those wishing additional information mination of the employment in the Corpora- (2) are in addition to funds otherwise avail- may contact the Indian Affairs Com- tion. able for such purposes. mittee at 224–2251.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.026 S27PT1 S13298 CONGRESSIONAL RECORD — SENATE October 27, 2003 PRIVILEGES OF THE FLOOR Committees on Appropriations: Provided fur- exceed $6,047,300,000 shall be available for air ther, That not to exceed $60,000 shall be for allo- traffic services program activities; not to exceed Mr. CORNYN. Mr. President, I ask cation within the Department for official recep- $873,374,000 shall be available for aviation regu- unanimous consent that Mike Fitz- tion and representation expenses as the Sec- lation and certification program activities; not gerald, a member of my staff who does retary may determine: Provided further, That to exceed $218,481,000 shall be available for re- not currently have floor privileges, be notwithstanding any other provision of law, ex- search and acquisition program activities; not to admitted to the floor for the duration cluding fees authorized in Public Law 107–71, exceed $12,601,000 shall be available for commer- of my remarks. there may be credited to this appropriation up cial space transportation program activities; not The PRESIDING OFFICER. Without to $2,500,000 in funds received in user fees: Pro- to exceed $49,783,000 shall be available for fi- objection, it is so ordered. vided further, That none of the funds provided nancial services program activities; not to ex- in this Act shall be available for the position of ceed $77,029,000 shall be available for human re- Mr. JEFFORDS. Mr. President, I ask Assistant Secretary for Public Affairs. sources program activities; not to exceed unanimous consent that William Boyd, OFFICE OF CIVIL RIGHTS $84,749,000 shall be available for regional coordi- a minority fellow with the Committee For necessary expenses of the Office of Civil nation program activities; not to exceed on Environment and Public Works, be Rights, $8,569,000. $142,650,000 shall be available for staff offices; granted the privileges of the floor dur- TRANSPORTATION PLANNING, RESEARCH, AND and not to exceed $29,681,000 shall be available ing debate on the Leavitt nomination. DEVELOPMENT for information services: Provided, That none of the funds in this Act shall be available for the The PRESIDING OFFICER. Without For necessary expenses for conducting trans- Federal Aviation Administration to finalize or objection, it is so ordered. portation planning, research, systems develop- implement any regulation that would promul- ment, development activities, and making f gate new aviation user fees not specifically au- grants, to remain available until expended, thorized by law after the date of the enactment TRANSPORTATION, TREASURY, $15,836,000. of this Act: Provided further, That there may be AND INDEPENDENT AGENCIES WORKING CAPITAL FUND credited to this appropriation funds received APPROPRIATIONS ACT, 2004 Necessary expenses for operating costs and from States, counties, municipalities, foreign au- On Thursday, October 23, 2003, the capital outlays of the Working Capital Fund, thorities, other public authorities, and private Senate passed H.R. 2989, as follows: not to exceed $116,715,000, shall be paid from ap- sources, for expenses incurred in the provision propriations made available to the Department H.R. 2989 of agency services, including receipts for the of Transportation: Provided, That such services maintenance and operation of air navigation fa- Resolved, That the bill from the House of shall be provided on a competitive basis to enti- cilities, and for issuance, renewal or modifica- Representatives (H.R. 2989) entitled ‘‘An Act ties within the Department of Transportation: tion of certificates, including airman, aircraft, making appropriations for the Departments Provided further, That the above limitation on and repair station certificates, or for tests re- of Transportation and Treasury, and inde- operating expenses shall not apply to non-DOT lated thereto, or for processing major repair or pendent agencies for the fiscal year ending entities: Provided further, That no funds appro- alteration forms: Provided further, That of the September 30, 2004, and for other purposes.’’, priated in this Act to an agency of the Depart- funds appropriated under this heading, not less do pass with the following amendments: ment shall be transferred to the Working Capital than $6,500,000 shall be for the contract tower Strike out all after the enacting clause and Fund without the approval of the agency modal cost-sharing program: Provided further, That insert: administrator: Provided further, That no assess- funds may be used to enter into a grant agreements may be levied against any program, budg- That the following sums are appropriated, out ment with a nonprofit standard-setting organi- et activity, subactivity or project funded by this of any money in the Treasury not otherwise ap- zation to assist in the development of aviation Act unless notice of such assessments and the propriated, for the Departments of Transpor- safety standards: Provided further, That none basis therefor are presented to the House and tation and Treasury, the Executive Office of the of the funds in this Act shall be available for Senate Committees on Appropriations and are President, and certain independent agencies for new applicants for the second career training approved by such Committees. the fiscal year ending September 30, 2004, and program: Provided further, That none of the for other purposes, namely: MINORITY BUSINESS RESOURCE CENTER PROGRAM funds in this Act shall be available for paying For the cost of guaranteed loans, $500,000, as TITLE I premium pay under 5 U.S.C. 5546(a) to any Fed- authorized by 49 U.S.C. 332: Provided, That eral Aviation Administration employee unless DEPARTMENT OF TRANSPORTATION such costs, including the cost of modifying such such employee actually performed work during OFFICE OF THE SECRETARY loans, shall be as defined in section 502 of the the time corresponding to such premium pay: SALARIES AND EXPENSES Congressional Budget Act of 1974: Provided fur- Provided further, That none of the funds in this For necessary expenses of the Office of the ther, That these funds are available to subsidize Act may be obligated or expended to operate a Secretary, $91,276,000, of which not to exceed total loan principal, any part of which is to be manned auxiliary flight service station in the $2,500,000 shall be available for the immediate guaranteed, not to exceed $18,367,000. In addi- contiguous United States: Provided further, Office of the Secretary; not to exceed $706,000 tion, for administrative expenses to carry out That none of the funds in this Act for aero- shall be available for the immediate Office of the the guaranteed loan program, $400,000. nautical charting and cartography are available Deputy Secretary; not to exceed $15,403,000 shall MINORITY BUSINESS OUTREACH for activities conducted by, or coordinated be available for the Office of the General Coun- For necessary expenses of Minority Business through, the Working Capital Fund: Provided sel; not to exceed $12,312,000 shall be available Resource Center outreach activities, $3,000,000, further, That of the amount appropriated under for the Office of the Under Secretary of Trans- to remain available until September 30, 2005: this heading, not to exceed $50,000 may be transportation for Policy; not to exceed $8,536,000 Provided, That notwithstanding 49 U.S.C. 332, ferred to the Aircraft Loan Purchase Guarantee shall be available for the Office of the Assistant these funds may be used for business opportuni- Program. Secretary for Budget and Programs; not to ex- ties related to any mode of transportation. FACILITIES AND EQUIPMENT ceed $2,477,000 shall be available for the Office PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) of the Assistant Secretary for Governmental Af- (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise pro- fairs; not to exceed $28,882,000 shall be available In addition to funds made available from any vided for, for acquisition, establishment, tech- for the Office of the Assistant Secretary for Ad- other source to carry out the essential air serv- nical support services, improvement by contract ministration; not to exceed $1,915,000 shall be ice program under 49 U.S.C. 41731 through or purchase, hire of air navigation and experi- available for the Office of Public Affairs; not to 41742, $52,000,000, to be derived from the Airport mental facilities and equipment and other cap- exceed $1,458,000 shall be available for the Office and Airway Trust Fund, to remain available ital facilities and equipment in direct support of of the Executive Secretariat; not to exceed until expended. the National Airspace System, as authorized $700,000 shall be available for the Board of Con- under part A of subtitle VII of title 49, United tract Appeals; not to exceed $1,268,000 shall be FEDERAL AVIATION ADMINISTRATION States Code, including initial acquisition of nec- available for the Office of Small and Disadvan- OPERATIONS essary sites by lease or grant; engineering and taged Business Utilization; not to exceed For necessary expenses of the Federal Avia- service testing, including construction of test fa- $1,792,000 for the Office of Intelligence and Se- tion Administration, not otherwise provided for, cilities and acquisition of necessary sites by curity; and not to exceed $13,327,000 shall be including operations and research activities release or grant; construction and furnishing of available for the Office of the Chief Information lated to commercial space transportation, ad- quarters and related accommodations for offi- Officer: Provided, That the Secretary of Trans- ministrative expenses for research and develop- cers and employees of the Federal Aviation Ad- portation is authorized to transfer funds appro- ment, establishment of air navigation facilities, ministration stationed at remote localities where priated for any office of the Office of the Sec- the operation (including leasing) and mainte- such accommodations are not available; and the retary to any other office of the Office of the nance of aircraft, subsidizing the cost of aero- purchase, lease, or transfer of aircraft from Secretary: Provided further, That no appropria- nautical charts and maps sold to the public, funds available under this heading; to be de- tion for any office shall be increased or de- lease or purchase of passenger motor vehicles for rived from the Airport and Airway Trust Fund, creased by more than 5 percent by all such replacement only, in addition to amounts made $2,916,000,000, of which $2,480,520,000 shall re- transfers: Provided further, That any change in available by Public Law 104–264, $7,535,648,000, main available until September 30, 2006, and of funding greater than 5 percent shall be sub- of which $6,000,000,000 shall be derived from the which $435,480,000 shall remain available until mitted for approval to the House and Senate Airport and Airway Trust Fund, of which not to September 30, 2004: Provided, That of the total

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amount made available under this heading, GENERAL PROVISIONS—FEDERAL AVIATION with the Philadelphia International Airport Ca- $100,000,000 shall be transferred to the heading ADMINISTRATION pacity Enhancement Program, consider the im- ‘‘Grants-in-Aid for Airports’’ and shall not be SEC. 101. Notwithstanding any other provision pact of aircraft noise on northern Delaware— subject to the obligation limitation stated thereof law, airports may transfer, without consider- (1) within the scope of the environmental im- in and shall remain available until expended: ation, to the Federal Aviation Administration pact statement prepared in connection with the Provided further, That there may be credited to (FAA) instrument landing systems (along with Program; and this appropriation funds received from States, associated approach lighting equipment and (2) as part of any study of aircraft noise re- counties, municipalities, other public authori- runway visual range equipment) which conform quired under the National Environmental Pro- ties, and private sources, for expenses incurred to FAA design and performance specifications, tection Act of 1969 and conducted pursuant to in the establishment and modernization of air the purchase of which was assisted by a Federal part 150 of title 14, Code of Federal Regulations, navigation facilities: Provided further, That airport-aid program, airport development aid or any successor regulations. upon initial submission to the Congress of the program or airport improvement program grant: SEC. 110. Of the total amount appropriated fiscal year 2005 President’s budget, the Sec- Provided, That, the Federal Aviation Adminis- under this title for the Federal Aviation Admin- retary of Transportation shall transmit to the tration shall accept such equipment, which shall istration under the heading ‘‘FACILITIES AND Congress a comprehensive capital investment thereafter be operated and maintained by FAA EQUIPMENT’’, $2,000,000 shall be available for air plan for the Federal Aviation Administration in accordance with agency criteria. traffic control facilities, John C. Stennis Inter- which includes funding for each budget line SEC. 102. None of the funds in this Act may be national Airport, Hancock County, Mississippi. item for fiscal years 2005 through 2009, with used to compensate in excess of 350 technical FEDERAL HIGHWAY ADMINISTRATION staff-years under the federally funded research total funding for each year of the plan con- LIMITATION ON ADMINISTRATIVE EXPENSES and development center contract between the strained to the funding targets for those years Necessary expenses for administration and op- Federal Aviation Administration and the Center as estimated and approved by the Office of eration of the Federal Highway Administration, for Advanced Aviation Systems Development Management and Budget. not to exceed $337,834,000, shall be paid in ac- during fiscal year 2004. RESEARCH, ENGINEERING, AND DEVELOPMENT cordance with law from appropriations made (AIRPORT AND AIRWAY TRUST FUND) SEC. 103. None of the funds in this Act shall be used to pursue or adopt guidelines or regula- available by this Act to the Federal Highway For necessary expenses, not otherwise pro- Administration together with advances and re- vided for, for research, engineering, and devel- tions requiring airport sponsors to provide to the Federal Aviation Administration without cost imbursements received by the Federal Highway opment, as authorized under part A of subtitle Administration: Provided, That of the funds VII of title 49, United States Code, including building construction, maintenance, utilities and expenses, or space in airport sponsor-owned available under section 104(a)(1)(A) of title 23, construction of experimental facilities and ac- United States Code: $20,000,000 shall be avail- quisition of necessary sites by lease or grant, buildings for services relating to air traffic control, air navigation, or weather reporting: Pro- able to provide grants to States for the develop- $118,939,000, to be derived from the Airport and ment or enhancement of notification or commu- Airway Trust Fund and to remain available vided, That the prohibition of funds in this section does not apply to negotiations between the nications systems along highways for alerts and until September 30, 2006: Provided, That there other information for the recovery of abducted may be credited to this appropriation funds re- agency and airport sponsors to achieve agreement on ‘‘below-market’’ rates for these items or children under section 303 of Public Law 108–21; ceived from States, counties, municipalities, $175,000,000 shall be available to enable the Sec- other public authorities, and private sources, for to grant assurances that require airport sponsors to provide land without cost to the FAA for retary of Transportation to make grants for sur- expenses incurred for research, engineering, and face transportation projects, and shall remain development. air traffic control. SEC. 104. For an airport project that the Ad- available until expended; $7,000,000 shall be GRANTS-IN-AID FOR AIRPORTS ministrator of the Federal Aviation Administra- available for environmental streamlining activi- (LIQUIDATION OF CONTRACT AUTHORIZATION) tion (FAA) determines will add critical airport ties, which may include making grants to, or en- (LIMITATION ON OBLIGATIONS) capacity to the national air transportation sys- tering into contracts, cooperative agreements, (AIRPORT AND AIRWAY TRUST FUND) tem, the Administrator is authorized to accept and other transactions, with a Federal agency, For liquidation of obligations incurred for funds from an airport sponsor, including entitle- State agency, local agency, authority, associa- grants-in-aid for airport planning and development funds provided under the ‘‘Grants-in-Aid tion, nonprofit or for-profit corporation, or in- ment, and noise compatibility planning and pro- for Airports’’ program, for the FAA to hire addi- stitution of higher education. grams as authorized under subchapter I of tional staff or obtain the services of consultants: FEDERAL-AID HIGHWAYS chapter 471 and subchapter I of chapter 475 of Provided, That the Administrator is authorized (LIMITATION ON OBLIGATIONS) to accept and utilize such funds only for the title 49, United States Code, and under other (HIGHWAY TRUST FUND) purpose of facilitating the timely processing, re- law authorizing such obligations; for procure- None of the funds in this Act shall be avail- view, and completion of environmental activities ment, installation, and commissioning of run- able for the implementation or execution of pro- associated with such project. way incursion prevention devices and systems at grams, the obligations for which are in excess of airports of such title; for grants authorized SEC. 105. The Federal Aviation Administration shall give priority consideration to Paulding $33,843,000,000 for Federal-aid highways and under section 41743 of title 49, United States highway safety construction programs for fiscal Code; and for inspection activities and adminis- County, Georgia Airport Improvements for the Airport Improvement Program. year 2004: Provided, That within the tration of airport safety programs, including $33,843,000,000 obligation limitation on Federal- those related to airport operating certificates SEC. 106. None of the funds appropriated or otherwise made available by this Act may be ob- aid highways and highway safety construction under section 44706 of title 49, United States programs, not more than $462,500,000 shall be Code, $3,400,000,000, to be derived from the Air- ligated or expended to establish or implement a pilot program under which not more than 10 available for the implementation or execution of port and Airway Trust Fund and to remain programs for transportation research (sections available until expended: Provided, That none designated essential air service communities located in proximity to hub airports are required 502, 503, 504, 506, 507, and 508 of title 23, United of the funds under this heading shall be avail- States Code, as amended; section 5505 of title 49, able for the planning or execution of programs to assume 10 percent of their essential air subsidy costs for a 4-year period, commonly referred Unites States Code, as amended; and sections the obligations for which are in excess of 5112 and 5204–5209 of Public Law 105–178) for $3,400,000,000 in fiscal year 2004, notwith- to as the EAS local participation program. SEC. 107. The Administrator of the Federal fiscal year 2003: Provided further, That this lim- standing section 47117(g) of title 49, United Aviation Administration may, for purposes of itation on transportation research programs States Code: Provided further, That none of the chapter 471 of title 49, United States Code, give shall not apply to any authority previously funds under this heading shall be available for priority consideration to a letter of intent appli- made available for obligation: Provided further, the replacement of baggage conveyor systems, cation for funding submitted by the City of That within the $232,000,000 obligation limita- reconfiguration of terminal baggage areas, or Gary, Indiana, or the State of Indiana, for the tion on Intelligent Transportation Systems, the other airport improvements that are necessary to extension of the main runway at the Gary/Chi- following sums shall be made available for Intel- install bulk explosive detection systems: Pro- cago Airport. The letter of intent application ligent Transportation System projects that are vided further, That notwithstanding any other shall be considered upon completion of the envi- designed to achieve the goals and purposes set provision of law, not more than $66,638,000 of ronmental impact statement and benefit cost forth in section 5203 of the Intelligent Transpor- funds limited under this heading shall be obli- analysis in accordance with Federal Aviation tation Systems Act of 1998 (subtitle C of title V gated for administration and not less than Administration requirements. The Administrator of Public Law 105–178; 112 Stat. 453; 23 U.S.C. $20,000,000 shall be for the Small Community Air shall consider the letter of intent application 502 note) in the following specified areas: Service Development Pilot Program. not later than 90 days after receiving it from the 511 Traveler Information Program, North AVIATION INSURANCE REVOLVING FUND applicant. Carolina, $400,000; The Secretary of Transportation is hereby au- SEC. 108. None of the funds in this Act may be Advanced Ticket Collection and Passenger In- thorized to make such expenditures and invest- used to adopt rules or regulations concerning formation Systems, New Jersey, $1,500,000; ments, within the limits of funds available pur- travel agent service fees unless the Department Advanced Traffic Analysis Center, North Da- suant to 49 U.S.C. 44307, and in accordance of Transportation publishes in the Federal Reg- kota, $500,000; with section 104 of the Government Corporation ister revisions to the proposed rule and provides Advanced Transportation Management Sys- Control Act, as amended (31 U.S.C. 9104), as a period for additional public comment on such tems (AMTS), Montgomery County, Maryland, may be necessary in carrying out the program proposed rule for a period not less than 60 days. $1,000,000; for aviation insurance activities under chapter SEC. 109. It is the sense of the Senate that the ATR Transportation Technology/CVISN, New 443 of title 49, United States Code. Secretary of Transportation must, in connection Mexico, $1,000,000;

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.033 S27PT1 S13300 CONGRESSIONAL RECORD — SENATE October 27, 2003 Auburn, Auburn Way South ITS, Wash- Transportation Research Center [TRC] for section 201 of the Appalachian Regional Devel- ington, $1,600,000; Freight, Trade, Security, and Economic opment Act of 1965 and $2,000,000,000 for such Cargo Watch Logistics Information System, Strength, Georgia, $1,000,000; fiscal year under section 105 of title 23, United New York, $4,000,000; Tri-County Automated System Project, Uni- States Code (relating to minimum guarantee) so CCTA Intelligent Transportation Systems, versity of Southern Mississippi, $1,000,000; that the amount of obligation authority avail- Vermont, $1,000,000; Tukwila, Signalization Interconnect and In- able for each of such sections is equal to the Central Florida Regional Transportation Au- telligent Transportation, Washington, amount determined by multiplying the ratio de- thority: North Orange/South Seminole ITS En- $1,400,000; termined under paragraph (3) by the sums au- hanced Circulator, $2,500,000; Twin Cities, Minnesota Redundant Commu- thorized to be appropriated for such section (ex- City of Boston Intelligent Transportation Sys- nications Pilot, $2,000,000; cept in the case of section 105, $2,000,000,000) for tems, Massachusetts, $1,750,000; UAB Center for Injury Sciences, Birmingham, such fiscal year; City of Huntsville, Alabama ITS, $5,000,000; Alabama, $2,000,000; (5) distribute the obligation limitation pro- City of Shreveport Intelligent Transportation University of Alaska Transportation Research vided for Federal-aid Highways less the aggre- System Deployment, Louisiana, $1,000,000; Center, $2,000,000; gate amounts not distributed under paragraphs Clark County Transit, VAST ITS, Wash- University of Kentucky Transportation Cen- (1) and (2) and amounts distributed under para- ington, $1,600,000; ter, $1,500,000; graph (4) for each of the programs that are allo- Dynamic Changeable Message Signs—Urban University of Oklahoma Intelligent Bridge cated by the Secretary under title 23, United Interstate System, Iowa, $1,000,000; System Research, $3,000,000; States Code (other than activities to which Fiber Optic Signal Interconnect System, Ari- Wisconsin State Patrol Mobile Data Computer paragraph (1) applies and programs to which zona, $4,000,000; Network Phase II, $3,000,000; paragraph (4) applies) by multiplying the ratio Germantown Parkway ITS Project, Tennessee, Wyoming Statewide ITS Initiative, $5,000,000. determined under paragraph (3) by the sums au- $3,000,000; FEDERAL-AID HIGHWAYS thorized to be appropriated for such program for GMU ITS, Virginia, $1,000,000 such fiscal year; and George Washington University, Virginia Cam- (LIQUIDATION OF CONTRACT AUTHORIZATION) (6) distribute the obligation limitation pro- pus, $1,000,000 (HIGHWAY TRUST FUND) vided for Federal-aid Highways less the aggre- Great Lakes ITS, Michigan, $2,000,000; Notwithstanding any other provision of law, gate amounts not distributed under paragraphs Greater Philadelphia Chamber of Commerce for carrying out the provisions of title 23, United (1) and (2) and amounts distributed under para- ITS System, Pennsylvania, $2,000,000; States Code, that are attributable to Federal-aid graphs (4) and (5) for Federal-aid highways and Hillsborough Area Regional Transit Bus highways, including the National Scenic and highway safety construction programs (other Tracking, Communication and Security, Flor- Recreational Highway as authorized by 23 than the minimum guarantee program, but only ida, $1,000,000; U.S.C. 148, not otherwise provided, including re- to the extent that amounts apportioned for the Hoosier SAFE–T, Indiana, $3,500,000; imbursement for sums expended pursuant to the minimum guarantee program for such fiscal I–70 Incident Management Plan, Colorado, provisions of 23 U.S.C. 308, $34,000,000,000 or so year exceed $2,639,000,000, and the Appalachian $3,000,000; much thereof as may be available in and derived development highway system program) that are Intelligent Transportation Systems—Phases II from the Highway Trust Fund, to remain avail- apportioned by the Secretary under title 23, and III, Ohio, $1,250,000; able until expended. Intelligent Transportation Systems [ITS] United States Code, in the ratio that— (RESCISSION) Statewide and Commercial Vehicle Information (A) sums authorized to be appropriated for Of the unobligated balances of funds appor- Systems Network [CVISN], Maryland, $1,000,000; such programs that are apportioned to each tioned to each state under the program author- Intelligent Transportation Systems, Illinois, State for such fiscal year, bear to ized under sections 1101(a)(1), 1101(a)(2), $4,000,000; (B) the total of the sums authorized to be ap- Iowa Transit Communications, $1,500,000; 1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public propriated for such programs that are appor- ITS Expansion in Davis and Utah Counties, Law 105–178, as amended, $156,000,000 are re- tioned to all States for such fiscal year. scinded. Utah, $1,250,000; (b) EXCEPTIONS FROM OBLIGATION LIMITA- ITS, Cache Valley, Utah, $1,000,000; APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM TION.—The obligation limitation for Federal-aid Jacksonville Transportation Authority: Intel- For necessary expenses for the Appalachian Highways shall not apply to obligations: (1) ligent Transportation Systems Regional Plan- Development Highway System as authorized under section 125 of title 23, United States Code; ning, Florida, $1,000,000; under section 1069(y) of Public Law 102–240, as (2) under section 147 of the Surface Transpor- King County, Countywide Signaling Program, amended, $150,000,000, to remain available until tation Assistance Act of 1978; (3) under section Washington, $1,500,000; expended. 9 of the Federal-Aid Highway Act of 1981; (4) Lewis & Clark 511 Coalition, Montana, GENERAL PROVISIONS—FEDERAL HIGHWAY under sections 131(b) and 131(j) of the Surface $1,000,000; ADMINISTRATION Transportation Assistance Act of 1982; (5) under Lincoln, Nebraska StarTran Automatic Vehi- SEC. 110. (a) For fiscal year 2004, the Sec- sections 149(b) and 149(c) of the Surface Trans- cle Location System, $1,000,000; retary of Transportation shall— portation and Uniform Relocation Assistance Maine Statewide ITS, $1,000,000; (1) not distribute from the obligation limita- Act of 1987; (6) under sections 1103 through 1108 MARTA Automated Fare Collection/Smart tion for Federal-aid Highways amounts author- of the Intermodal Surface Transportation Effi- Card System, Georgia, $1,500,000; ized for administrative expenses and programs ciency Act of 1991; (7) under section 157 of title Mid-America Surface Transportation Weather funded from the administrative takedown au- 23, United States Code, as in effect on the day Research Institute, North Dakota, $1,000,000; thorized by section 104(a)(1)(A) of title 23, before the date of the enactment of the Trans- Missouri Statewide Rural ITS, $5,000,000; United States Code, for the highway use tax portation Equity Act for the 21st Century; (8) Nebraska Statewide Intelligent Transpor- evasion program, and for the Bureau of Trans- under section 105 of title 23, United States Code tation System Deployment, $2,000,000; portation Statistics; (but, only in an amount equal to $639,000,000 for Oklahoma Statewide ITS, $5,000,000; (2) not distribute an amount from the obliga- such fiscal year); and for Federal-aid highway Port of Anchorage Intermodal Facility, Alas- tion limitation for Federal-aid Highways that is programs for which obligation authority was ka, $1,500,000; equal to the unobligated balance of amounts made available under the Transportation Equity Program of Projects, Washington, $5,400,000; Act for the 21st Century or subsequent public RIPTA ITS Program Phase II, Rhode Island, made available from the Highway Trust Fund laws for multiple years or to remain available $1,500,000; (other than the Mass Transit Account) for Fed- Real Time Transit Passenger Information Sys- eral-aid highways and highway safety programs until used, but only to the extent that such obli- tem for the Prince George’s County Department for the previous fiscal year the funds for which gation authority has not lapsed or been used. of Public Works, Maryland, $1,000,000; are allocated by the Secretary; (c) REDISTRIBUTION OF UNUSED OBLIGATION Sacramento Area Council of Governments— (3) determine the ratio that— AUTHORITY.—Notwithstanding subsection (a), ITS Projects, California, $4,000,000; (A) the obligation limitation for Federal-aid the Secretary shall after August 1 for such fiscal SCDOT InRoads, South Carolina, $3,000,000; Highways less the aggregate of amounts not dis- year revise a distribution of the obligation limi- Seattle City Center ITS, Washington, tributed under paragraphs (1) and (2), bears to tation made available under subsection (a) if a $2,500,000; (B) the total of the sums authorized to be ap- State will not obligate the amount distributed Springfield, Missouri Regional ITS, $2,000,000; propriated for Federal-aid highways and high- during that fiscal year and redistribute suffi- State of Vermont Interstate Variable Message way safety construction programs (other than cient amounts to those States able to obligate Signs and Weather Information Stations, sums authorized to be appropriated for sections amounts in addition to those previously distrib- $1,000,000; set forth in paragraphs (1) through (7) of sub- uted during that fiscal year giving priority to Statewide AVL Initiative, Nebraska, $750,000; section (b) and sums authorized to be appro- those States having large unobligated balances TalTran: ITS Smart Bus Implementation, priated for section 105 of title 23, United States of funds apportioned under sections 104 and 144 Florida, $1,500,000; Code, equal to the amount referred to in sub- of title 23, United States Code, section 160 (as in Texas Medical Center Early Warning Trans- section (b)(8)) for such fiscal year less the aggre- effect on the day before the enactment of the portation System, $2,000,000; gate of the amounts not distributed under para- Transportation Equity Act for the 21st Century) Texas Statewide ITS Deployment and Integra- graph (1) of this subsection; of title 23, United States Code, and under section, $1,000,000; (4) distribute the obligation limitation for Fed- tion 1015 of the Intermodal Surface Transpor- Town of Cary: Computerized Traffic Signal eral-aid Highways less the aggregate amounts tation Efficiency Act of 1991 (105 Stat. 1943– System Project, North Carolina, $1,600,000; not distributed under paragraphs (1) and (2) for 1945).

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(d) APPLICABILITY OF OBLIGATION LIMITA- U.S.C. 111 may be credited to the Federal-aid Federal Highway Administration is instructed to TIONS TO TRANSPORTATION RESEARCH PRO- highways account for the purpose of reimburs- extend and fund current research projects under GRAMS.—The obligation limitation shall apply to ing the Bureau for such expenses: Provided, title V of TEA–21 through February 29, 2004. transportation research programs carried out That such funds shall be subject to the obliga- SEC. 121. Of the amount appropriated or oth- under chapter 5 of title 23, United States Code, tion limitation for Federal-aid highways and erwise made available for Transportation, Plan- except that obligation authority made available highway safety construction. ning, and Research, $850,000 shall be available for such programs under such limitation shall SEC. 113. For fiscal year 2004, notwithstanding for interior air quality demonstration activities remain available for a period of 3 fiscal years. any other provision of law, historic covered at the Bristol, Virginia, control facility to evalu- (e) REDISTRIBUTION OF CERTAIN AUTHORIZED bridges eligible for Federal assistance under sec- ate standard industrial fuel system performance FUNDS.—Not later than 30 days after the date of tion 1224 of the Transportation Equity Act for and efficiency with drive-by-wire engine man- the distribution of obligation limitation under the 21st Century, as amended, may be funded agement and emissions systems and $1,000,000 subsection (a), the Secretary shall distribute to from amounts set aside for the discretionary shall be available for the Market Street en- the States any funds: (1) that are authorized to bridge program. hancement project in Burlington, Vermont. be appropriated for such fiscal year for Federal- SEC. 114. (a) IN GENERAL.—As soon as prac- SEC. 122. Of the funds made available or lim- aid highways programs (other than the program ticable after the date of enactment of this Act, ited in this Act, $3,000,000 shall be available for under section 160 of title 23, United States Code) the Secretary of Transportation shall enter into improvements to Bowman Road and Johnnie and for carrying out subchapter I of chapter 311 an agreement with the State of Nevada, the Dodds Boulevard, Highway 17, Mt. Pleasant, of title 49, United States Code, and highway-re- State of Arizona, or both, to provide a method of South Carolina; $1,000,000 shall be for the lated programs under chapter 4 of title 23, funding for construction of a Hoover Dam By- Arkwright Connector and no funds shall be United States Code; and (2) that the Secretary pass Bridge from funds allocated for the Federal available for the Northwest Bypass project. Lands Highway Program under section 202(b) of determines will not be allocated to the States, FEDERAL MOTOR CARRIER SAFETY title 23, United States Code. and will not be available for obligation, in such ADMINISTRATION fiscal year due to the imposition of any obliga- (b) METHODS OF FUNDING.— (1) The agreement entered into under sub- MOTOR CARRIER SAFETY tion limitation for such fiscal year. Such dis- section (a) shall provide for funding in a man- LIMITATION ON ADMINISTRATIVE EXPENSES tribution to the States shall be made in the same ner consistent with the advance construction ratio as the distribution of obligation authority (HIGHWAY TRUST FUND) and debt instrument financing procedures for under subsection (a)(6). The funds so distributed (INCLUDING TRANSFER OF FUNDS) Federal-aid highways set forth in section 115 shall be available for any purposes described in For necessary expenses for administration of and 122 of title 23, except that the funding motor carrier safety programs and motor carrier section 133(b) of title 23, United States Code. source may include funds made available under (f) SPECIAL RULE.—Obligation limitation dis- safety research, pursuant to section 104(a)(1)(B) the Federal Lands Highway Program. of title 23, United States Code, not to exceed tributed for a fiscal year under subsection (a)(4) (2) Eligibility for funding under this sub- $292,972,233 shall be paid in accordance with of this section for a section set forth in subsection shall not be construed as a commitment, law from appropriations made available by this section (a)(4) shall remain available until used guarantee, or obligation on the part of the Act and from any available take-down balances and shall be in addition to the amount of any United States to provide for payment of prin- to the Federal Motor Carrier Safety Administra- limitation imposed on obligations for Federal- cipal or interest of an eligible debt financing in- tion, together with advances and reimburse- aid highway and highway safety construction strument as so defined in section 122, nor create ments received by the Federal Motor Carrier programs for future fiscal years. a right of a third party against the United (g) Of the obligation limitation transferred to Safety Administration: Provided, That such States for payment under an eligible debt fi- the National Highway Traffic Safety Adminis- amounts shall be available to carry out the nancing instrument. The agreement entered into tration for expenses necessary to discharge the functions and operations of the Federal Motor pursuant to subsection (a) shall make specific functions of the Secretary with respect to traffic Carrier Safety Administration: Provided further, reference to this provision of law. and highway safety under chapter 301 of title (3) The provisions of this section do not limit That notwithstanding any other provision of 49, United States Code, and part C of subtitle VI the use of other available funds for which the law, $11,744,000 of the funds made available of title 49, United States Code, $94,543,500 shall project referenced in subsection (a) is eligible. under this heading shall be transferred to and remain available until September 30, 2006. SEC. 115. Section 1108 of the Intermodal Sur- merged with funding provided for grants to the SEC. 111. Notwithstanding any other provision face Transportation Efficiency Act of 1991, item States for implementation of section 210 of Pub- of law, whenever an allocation is made of the number 8, is amended by striking ‘‘To relocate’’ lic Law 106–159 under ‘‘Federal Motor Carrier sums authorized to be appropriated for expendi- and all that follows through ‘‘Street’’ and in- Safety Administration, Motor Carrier Safety As- ture on the Federal lands highway program, serting the following, ‘‘For road improvements sistance Program’’: Provided further, That of and whenever an apportionment is made of the and non-motorized enhancements in the Detroit the funds made available under this heading, sums authorized to be appropriated for expendi- East Riverfront, Detroit, Michigan’’. $47,000,000 shall be available for the border en- ture on the surface transportation program, the SEC. 116. The funds provided under the head- forcement program as authorized under section congestion mitigation and air quality improve- ing ‘‘Transportation and Community and Sys- 350 of the Department of Transportation and ment program, the National Highway System, tem Preservation Program’’ in Conference Re- Related Agencies Appropriations Act, 2002. the Interstate maintenance program, the bridge port 106–940 for the Lodge Freeway pedestrian NATIONAL MOTOR CARRIER SAFETY PROGRAM program, the Appalachian development high- overpass, Detroit, Michigan, shall be transferred (LIQUIDATION OF CONTRACT AUTHORIZATION) way system, and the minimum guarantee pro- to, and made available for, enhancements in the (LIMITATION ON OBLIGATIONS) gram, the Secretary of Transportation shall— East Riverfront, Detroit, Michigan. (HIGHWAY TRUST FUND) (1) deduct a sum in such amount not to exceed SEC. 117. The funds provided under the head- Notwithstanding any other provision of law, 2.55 percent of all sums so made available, as ing ‘‘Transportation and Community and Sys- for payment of obligations incurred in carrying the Secretary determines necessary, to admin- tem Preservation Program’’ in Conference Re- out 49 U.S.C. 31102, 31106 and 31309, ister the provisions of law to be financed from port 107–308 for the Eastern Market pedestrian $190,000,000, to be derived from the Highway appropriations for motor carrier safety programs overpass park, shall be transferred to, and made Trust Fund and to remain available until ex- and motor carrier safety research: Provided, available for, enhancements in the East River- pended: Provided, That none of the funds in That any deduction by the Secretary of Trans- front, Detroit, Michigan. portation in accordance with this subsection SEC. 118. KANSAS RECREATION AREAS. Any un- this Act shall be available for the implementa- shall be deemed to be a deduction under section expended balances of the amounts made avail- tion or execution of programs the obligations for 104(a)(1)(B) of title 23, United States Code, and able by the Consolidated Appropriations Resolu- which are in excess of $190,000,000 for ‘‘Motor the sum so deducted shall remain available until tion, 2003 (Public Law 108–7) from the Federal- Carrier Safety Grants’’, and ‘‘Information Sys- expended; and aid highway account for improvements to Coun- tems’’. (2) deduct a sum in such amount not to exceed cil Grove Lake, Kansas, shall be available to GENERAL PROVISION—MOTOR CARRIER SAFETY 1.05 percent of all sums so made available, as make improvements to Richey Cove, Santa Fe ADMINISTRATION the Secretary determines necessary to administer Recreation Area, Canning Creek Recreation SEC. 130. None of the funds appropriated or the provisions of law to be financed from appro- Area, and other areas in the State of Kansas. made available by this Act shall be used to im- priations for the programs authorized under SEC. 119. Of the amounts made available plement or enforce any provision of the Final chapters 1 and 2 of title 23, United States Code, under this title under the heading ‘‘FEDERAL- Rule issued on April 16, 2003 (Docket No. and to make transfers in accordance with sec- AID HIGHWAYS’’ for Texas Statewide ITS Deploy- FMCSA–97–2350) as it may apply to operators of tion 104(a)(1)(A)(ii) of title 23, United States ment and Integration— utility service vehicles as defined in 49 C.F.R. Code: Provided, That any deduction by the Sec- (1) $500,000 shall be made available for the de- 395.2. retary of Transportation in accordance with ployment and implementation of an Intelligent SEC. 131. No funds appropriated or otherwise this subsection shall be deemed to be a deduc- Transportation System project at Port of Gal- made available by this Act may be used to im- tion under section 104(a)(1)(A) of title 23, United veston, Texas; and plement or enforce any provisions of the Final States Code, and the sum so deducted shall re- (2) $500,000 shall be made available for the de- Rule, issued on April 16, 2003 (Docket No. main available until expended. ployment and implementation of an Intelligent FMCSA–97–2350), with respect to either of the SEC. 112. Notwithstanding 31 U.S.C. 3302, Transportation System project at City of Lub- following: funds received by the Bureau of Transportation bock, Texas. (1) The operators of utility service vehicles, as Statistics from the sale of data products, for SEC. 120. EXTENSION OF RESEARCH PROJECTS that term is defined in section 395.2 of title 49, necessary expenses incurred pursuant to 49 UNDER TEA–21. For fiscal year 2004 only, the Code of Federal Regulations.

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(2) Maximum daily hours of service for drivers GENERAL PROVISIONS—NATIONAL HIGHWAY GRANTS TO THE NATIONAL RAILROAD PASSENGER engaged in the transportation of property or TRAFFIC SAFETY ADMINISTRATION CORPORATION passengers to or from a motion picture or tele- SEC. 140. Notwithstanding any other provision To enable the Secretary of Transportation to vision production site located within a 100-air of law, States may use funds provided in this make quarterly grants to the National Railroad mile radius of the work reporting location of Act under section 402 of title 23, United States Passenger Corporation, $1,346,000,000, to remain such drivers. Code, to produce and place highway safety pub- available until September 30, 2004: Provided, NATIONAL HIGHWAY TRAFFIC SAFETY lic service messages in television, radio, cinema, That the Secretary of Transportation shall ap- ADMINISTRATION and print media, and on the Internet in accord- prove funding to cover operating losses and cap- OPERATIONS AND RESEARCH ance with guidance issued by the Secretary of ital expenditures for a train of the National (HIGHWAY TRUST FUND) Transportation: Provided, That any State that Railroad Passenger Corporation only after re- For expenses necessary to discharge the func- uses funds for such public service messages shall ceiving and reviewing a grant request for each tions of the Secretary, with respect to traffic submit to the Secretary a report describing and specific train route: Provided further, That each and highway safety under chapter 301 of title assessing the effectiveness of the messages: Pro- such grant request shall be accompanied by a 49, United States Code, and part C of subtitle VI vided further, That $10,000,000 of the funds allo- detailed financial analysis, revenue projection, of title 49, United States Code, $148,102,000, to be cated under section 157 of title 23, United States and capital expenditure projection justifying the derived from funds available under 104(a)(1)(A) Code, shall be used as directed by the National Federal support to the Secretary’s satisfaction: of title 23, United States Code: Provided, That Highway Traffic Safety Administrator to pur- Provided further, That the Secretary of Trans- such funds shall be transferred to and adminis- chase national paid advertising (including pro- portation and the Amtrak Board of Directors tered by the National Highway Traffic Safety duction and placement) to support national shall ensure that, of the amount made available Administration: Provided further, That none of safety belt mobilizations: Provided further, under this heading, sufficient sums are reserved the funds appropriated by this Act may be obli- That, of the funds allocated under section 163 of to satisfy the contractual obligations of the Na- gated or expended to plan, finalize, or imple- title 23, United States Code, $2,750,000 shall be tional Railroad Passenger Corporation for comment any rulemaking to add to section 575.104 of used as directed by the Administrator to support muter and intercity passenger rail service: Pro- title 49 of the Code of Federal Regulations any national impaired driving mobilizations and en- vided further, That within 60 days of enactment requirement pertaining to a grading standard forcement efforts, $14,000,000 shall be used as di- of this Act, Amtrak shall transmit to the Sec- that is different from the three grading stand- rected by the Administrator to purchase na- retary of Transportation and the House and ards (treadwear, traction, and temperature re- tional paid advertising (including production Senate Committees on Appropriations a business sistance) already in effect. and placement) to support such national im- plan for operating and capital improvements to OPERATIONS AND RESEARCH paired driving mobilizations and enforcement ef- be funded in fiscal year 2004 under section forts, $250,000 shall be used as directed by the 24104(a) of title 49, United States Code: Provided (LIQUIDATION OF CONTRACT AUTHORIZATION) Administrator to conduct an evaluation of alco- further, That the business plan shall include a (LIMITATION ON OBLIGATIONS) hol-impaired driving messages, and $3,000,000 description of the work to be funded, along with (HIGHWAY TRUST FUND) shall be used as directed by the Administrator to cost estimates and an estimated timetable for For payment of obligations incurred in car- conduct an impaired driving demonstration pro- completion of the projects covered by this busi- rying out the provisions of 23 U.S.C. 403, to re- gram. ness plan: Provided further, That not later than main available until expended, $72,000,000, to be SEC. 141. Notwithstanding any other provision June 1, 2003 and each month thereafter, Amtrak derived from the Highway Trust Fund: Pro- of law, funds appropriated or limited in the Act shall submit to the Secretary of Transportation vided, That none of the funds in this Act shall to educate the motoring public on how to share and the House and Senate Committees on Ap- be available for the planning or execution of the road safely with commercial motor vehicles propriations a supplemental report regarding programs the total obligations for which, in fis- shall be administered by the National Highway the business plan, which shall describe the work cal year 2004, are in excess of $72,000,000 for pro- Traffic Safety Administration. completed to date, any changes to the business grams authorized under 23 U.S.C. 403. plan, and the reasons for such changes: Pro- FEDERAL RAILROAD ADMINISTRATION NATIONAL DRIVER REGISTER vided further, That none of the funds in this SAFETY AND OPERATIONS (HIGHWAY TRUST FUND) Act may be used for operating expenses and For expenses necessary to discharge the func- For necessary expenses of the Federal Rail- capital projects not approved by the Secretary of tions of the Secretary with respect to the Na- road Administration, not otherwise provided for, Transportation nor on the National Railroad tional Driver Register under chapter 303 of title $130,825,000, of which $11,712,000 shall remain Passenger Corporation’s fiscal year 2004 busi- 49, United States Code, $3,600,000, to be derived available until expended. ness plan: Provided further, That none of the from the Highway Trust Fund, and to remain RAILROAD RESEARCH AND DEVELOPMENT funds under this heading may be obligated or expended until the National Railroad Passenger available until expended. For necessary expenses for railroad research HIGHWAY TRAFFIC SAFETY GRANTS Corporation agrees to continue abiding by the and development, $34,225,000, to remain avail- provisions of paragraphs 1, 2, 3, 5, 9, and 11 of (LIQUIDATION OF CONTRACT AUTHORIZATION) able until expended. the summary of conditions for the direct loan (LIMITATION ON OBLIGATIONS) RAILROAD REHABILITATION AND IMPROVEMENT agreement of June 28, 2002, in the same manner (HIGHWAY TRUST FUND) PROGRAM as in effect on the date of enactment of this Act. Notwithstanding any other provision of law, The Secretary of Transportation is authorized FEDERAL TRANSIT ADMINISTRATION for payment of obligations incurred in carrying to issue to the Secretary of the Treasury notes out the provisions of 23 U.S.C. 402, 405, and 410, or other obligations pursuant to section 512 of ADMINISTRATIVE EXPENSES to remain available until expended, $225,000,000, the Railroad Revitalization and Regulatory Re- For necessary administrative expenses of the to be derived from the Highway Trust Fund: form Act of 1976 (Public Law 94–210), as amend- Federal Transit Administration’s programs au- Provided, That none of the funds in this Act ed, in such amounts and at such times as may thorized by chapter 53 of title 49, United States shall be available for the planning or execution be necessary to pay any amounts required pur- Code, $14,600,000: Provided, That no more than of programs the total obligations for which, in suant to the guarantee of the principal amount $73,000,000 of budget authority shall be avail- fiscal year 2004, are in excess of $225,000,000 for of obligations under sections 511 through 513 of able for these purposes: Provided further, That programs authorized under 23 U.S.C. 402, 405, such Act, such authority to exist as long as any of the funds available not to exceed $980,000 and 410, of which $165,000,000 shall be for such guaranteed obligation is outstanding: Pro- shall be available for the Office of the Adminis- ‘‘Highway Safety Programs’’ under 23 U.S.C. vided, That pursuant to section 502 of such Act, trator; not to exceed $6,133,000 shall be available 402, $20,000,000 shall be for ‘‘Occupant Protec- as amended, no new direct loans or loan guar- for the Office of Administration; not to exceed tion Incentive Grants’’ under 23 U.S.C. 405, and antee commitments shall be made using Federal $3,750,000 shall be available for the Office of the $40,000,000 shall be for ‘‘Alcohol-Impaired Driv- funds for the credit risk premium during fiscal Chief Counsel; not to exceed $1,160,000 shall be ing Countermeasures Grants’’ under 23 U.S.C. year 2004: Provided further, That no payments available for the Office of Communication and 410: Provided further, That none of these funds of principal or interest shall be collected during Congressional Affairs; not to exceed $7,250,000 shall be used for construction, rehabilitation, or fiscal year 2004 for the direct loan made to the shall be available for the Office of Program remodeling costs, or for office furnishings and National Railroad Passenger Corporation under Management; not to exceed $6,200,000 shall be fixtures for State, local, or private buildings or section 502 of such Act. available for the Office of Budget and Policy; structures: Provided further, That not to exceed NEXT GENERATION HIGH-SPEED RAIL not to exceed $4,600,000 shall be available for the $8,150,000 of the funds made available for sec- Office of Demonstration and Innovation; not to For necessary expenses for the Next Genera- tion 402, not to exceed $1,000,000 of the funds exceed $2,700,000 shall be available for the Office tion High-Speed Rail program as authorized made available for section 405, and not to exceed of Civil Rights; not to exceed $3,450,000 shall be under 49 U.S.C. 26101 and 26102, $29,350,000, to $2,000,000 of the funds made available for sec- available for the Office of Planning; not to ex- remain available until expended. tion 410 shall be available to NHTSA for admin- ceed $17,777,000 shall be available for regional istering highway safety grants under chapter 4 ALASKA RAILROAD REHABILITATION offices; and not to exceed $16,800,000 shall be of title 23, United States Code: Provided further, To enable the Secretary of Transportation to available for the central account: Provided fur- That not to exceed $500,000 of the funds made make grants to the Alaska Railroad, $25,000,000 ther, That the Administrator is authorized to available for section 410 ‘‘Alcohol-Impaired shall be for capital rehabilitation and improve- transfer funds appropriated for an office of the Driving Countermeasures Grants’’ shall be ments benefiting its passenger operations, to re- Federal Transit Administration: Provided fur- available for technical assistance to the States. main available until expended. ther, That no appropriation for an office shall

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be increased or decreased by more than 3 per- CAPITAL INVESTMENT GRANTS San Diego—Mission Valley East LRT Exten- cent by all such transfers: Provided further, (INCLUDING TRANSFER OF FUNDS) sion, California, $65,000,000; That any change in funding greater than 3 per- For necessary expenses to carry out 49 U.S.C. San Diego—Oceanside Escondido Rail Project, cent shall be submitted for approval to the 5308, 5309, 5318, and 5327, $628,000,000, to remain California, $48,000,000; House and Senate Committees on Appropria- available until expended: Provided, That no San Juan—Tren Urbano Rapid Transit Sys- tions: Provided further, That of the funds in more than $3,140,000,000 of budget authority tem, Puerto Rico, $20,000,000; Scranton—NY City Rail Service, Pennsyl- this Act available for the execution of contracts shall be available for these purposes: Provided vania, $5,000,000; under section 5327(c) of title 49, United States further, That there shall be available for fixed Seattle—Central Link LRT MOS–1, Wash- Code, $2,000,000 shall be reimbursed to the De- guideway modernization, $1,214,400,000; there partment of Transportation’s Office of Inspector ington, $75,000,000; shall be available for the replacement, rehabili- SF Area—BART Airport Extension, Cali- General for costs associated with audits and in- tation, and purchase of buses and related equip- vestigations of transit-related issues, including fornia, $100,000,000; ment and the construction of bus-related facili- Silicon Valley Rapid Transit Corridor, Cali- reviews of new fixed guideway systems: Pro- ties, $607,200,000, which shall include $50,000,000 vided further, That not to exceed $2,200,000 for fornia, $4,000,000; made available under 5309(m)(3)(C) of this title, Stamford Urban Transitway Phase II, Con- the National transit database shall remain plus $50,000,000 transferred from ‘‘Federal Tran- available until expended. necticut, $7,000,000; sit Administration, Formula Grants’’; and there Trans-Hudson Midtown Corridor, New Jersey, FORMULA GRANTS shall be available for new fixed guideway sys- $5,000,000; (INCLUDING TRANSFER OF FUNDS) tems $1,318,400,000, to be available as follows: Triangle Transit Authority Regional Rail Alaska and Hawaii Ferry Projects, $10,296,000; Phase I Project, North Carolina, $9,000,000; For necessary expenses to carry out 49 U.S.C. Baltimore—Central LRT Double Tracking, VRE Parking Improvements, Virginia, 5307, 5308, 5310, 5311, 5327, and section 3038 of Maryland, $40,000,000; $4,000,000; Public Law 105–178, $767,800,000, to remain Birmingham—Transit Corridor, Alabama, Washington, DC/Maryland—Largo Extension, available until expended: Provided, That no $6,000,000; $65,000,000; more than $3,839,000,000 of budget authority Boston—Silver Line Phase III, Massachusetts, Wilmington Train Station Improvements, shall be available for these purposes: Provided $1,000,000; Delaware, $2,500,000; further, That notwithstanding section 3008 of Charlotte—South Corridor Light Rail Project, Wilsonville-Beaverton Commuter Rail, Or- Public Law 105–178, $50,000,000 of the funds to North Carolina, $18,000,000; egon, $6,000,000; carry out 49 U.S.C. 5308 shall be transferred to Chicago—Douglas Branch Reconstruction, Il- Yarmouth to Auburn Line, Maine, $3,000,000. and merged with funding provided for the re- linois, $85,000,000; JOB ACCESS AND REVERSE COMMUTE GRANTS placement, rehabilitation, and purchase of buses Chicago—North Central, Illinois, $20,000,000; For necessary expenses to carry out section and related equipment and the construction of Chicago—UP West Line Extension, Illinois, 3037 of the Federal Transit Act of 1998, bus-related facilities under ‘‘Federal Transit $12,000,000; $25,000,000, to remain available until expended: Administration, Capital investment grants’’. Chicago—Metra Southwest Corridor Com- Provided, That no more than $125,000,000 of UNIVERSITY TRANSPORTATION RESEARCH muter Rail, Illinois, $20,000,000; budget authority shall be available for these Chicago—Ravenswood Line Extension, Illi- For necessary expenses to carry out 49 U.S.C. purposes: Provided further, That up to $300,000 nois, $10,000,000; 5505, $1,200,000, to remain available until ex- of the funds provided under this heading may Commuter Rail Improvements, Delaware, pended: Provided, That no more than $6,000,000 be used by the Federal Transit Administration $3,000,000; of budget authority shall be available for these for technical assistance and support and per- Dallas—North Central LRT Extension, Texas, purposes. formance reviews of the Job Access and Reverse $30,161,283; Commute Grants program. TRANSIT PLANNING AND RESEARCH Denver—Southeast Corridor LRT, Colorado, GENERAL PROVISIONS—FEDERAL TRANSIT For necessary expenses to carry out 49 U.S.C. $80,000,000; ADMINISTRATION 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, Dulles Corridor Rapid Transit Project, Vir- SEC. 150. The limitations on obligations for the 5315, and 5322, $24,400,000, to remain available ginia, $25,000,000; programs of the Federal Transit Administration until expended: Provided, That no more than Euclid Corridor Transportation Project, Ohio, shall not apply to any authority under 49 $122,000,000 of budget authority shall be avail- $15,000,000; U.S.C. 5338, previously made available for obli- able for these purposes: Provided further, That Ft. Lauderdale—Tri-Rail Commuter Rail Up- gation, or to any other authority previously $5,250,000 is available to provide rural transpor- grade, Florida, $18,410,000; made available for obligation. tation assistance (49 U.S.C. 5311(b)(2)), Houston Advanced Metro Transit Plan, SEC. 151. Notwithstanding any other provision $4,000,000 is available to carry out programs Texas, $10,000,000; Integrated Intermodal project, Rhode Island, of law, and except for fixed guideway mod- under the National Transit Institute (49 U.S.C. ernization projects, funds made available by this 5315), $8,250,000 is available to carry out transit $6,000,000; Kenosha-Racine-Milwaukee Commuter Rail Act under ‘‘Federal Transit Administration, cooperative research programs (49 U.S.C. Capital investment grants’’ for projects specified 5313(a)), $60,385,600 is available for metropolitan Extension, Wisconsin, $4,000,000; Las Vegas—Resort Corridor Fixed Guideway, in this Act or identified in reports accom- planning (49 U.S.C. 5303, 5304, and 5305), panying this Act not obligated by September 30, $12,614,400 is available for State planning (49 Nevada, $25,000,000; Little Rock—River Rail Project, Arkansas, 2006, and other recoveries, shall be made avail- U.S.C. 5313(b)); and $31,500,000 is available for able for other projects under 49 U.S.C. 5309. the national planning and research program (49 $5,000,000; SEC. 152. Notwithstanding any other provision U.S.C. 5314). Los Angeles—Eastside LRT, California, $5,000,000; of law, any funds appropriated before October TRUST FUND SHARE OF EXPENSES Maine Marine Highway, $2,000,000; 1, 2003, under any section of chapter 53 of title (LIQUIDATION OF CONTRACT AUTHORIZATION) Memphis—Medical Center Extension, Ten- 49, United States Code, that remain available nessee, $9,247,588; for expenditure may be transferred to and ad- (HIGHWAY TRUST FUND) Minneapolis—Hiawatha Corridor LRT, Min- ministered under the most recent appropriation Notwithstanding any other provision of law, nesota, $74,980,000; heading for any such section. for payment of obligations incurred in carrying Minneapolis—Northstar Commuter Rail SEC. 153. Funds made available for Alaska or out 49 U.S.C. 5303–5308, 5310–5315, 5317(b), 5322, Project, Minnesota, $10,000,000; Hawaii ferry boats or ferry terminal facilities 5327, 5334, 5505, and sections 3037 and 3038 of New Orleans—Canal Street Streetcar Project, pursuant to 49 U.S.C. 5309(m)(2)(B) may be used Public Law 105–178, $5,844,000,000, to remain Louisiana, $36,020,000; to construct new vessels and facilities, or to im- available until expended, and to be derived from New York—East Side Access Project, New prove existing vessels and facilities, including the Mass Transit Account of the Highway Trust York, $10,000,000; both the passenger and vehicle-related elements Fund: Provided, That $3,071,200,000 shall be Newark Rail Link (MOS–1), New Jersey, of such vessels and facilities, and for repair fa- paid to the Federal Transit Administration’s $22,566,022; cilities: Provided, That not more than $3,000,000 formula grants account: Provided further, That Northern New Jersey-Hudson-Bergen LRT– of the funds made available pursuant to 49 $97,600,000 shall be paid to the Federal Transit MOS–2, $100,000,000; U.S.C. 5309(m)(2)(B) may be used by the State of Administration’s transit planning and research Northwest Corridor BRT, Atlanta, $4,000,000; Hawaii to initiate and operate a passenger fer- account: Provided further, That $58,400,000 Philadelphia—Schuylkill Valley Metro, Penn- ryboat services demonstration project to test the shall be paid to the Federal Transit Administra- sylvania, $16,000,000; viability of different intra-island and inter-is- tion’s administrative expenses account: Provided Pittsburgh—North Shore Connector LRT, land ferry boat routes and technology: Provided further, That $4,800,000 shall be paid to the Fed- Pennsylvania, $13,812,304; further, That notwithstanding 49 U.S.C. eral Transit Administration’s university trans- Pittsburgh—Stage II LRT Reconstruction, 5302(a)(7), funds made available for Alaska or portation research account: Provided further, Pennsylvania, $32,243,442; Hawaii ferry boats may be used to acquire pas- That $100,000,000 shall be paid to the Federal Portland—Interstate MAX LRT Extension, senger ferry boats and to provide passenger Transit Administration’s job access and reverse Oregon, $77,500,000; ferry transportation services within areas of the commute grants program: Provided further, Regional Commuter Rail (Weber County to State of Hawaii under the control or use of the That $2,512,000,000 shall be paid to the Federal Salt Lake City), Utah, $12,000,000; National Park Service. Transit Administration’s capital investment Salt Lake City—Medical Center, Utah, SEC. 154. Notwithstanding any other provision grants account. $30,663,361; of law, funds made available to the Colorado

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.033 S27PT1 S13304 CONGRESSIONAL RECORD — SENATE October 27, 2003 Roaring Fork Transportation Authority under tion for the replacement, rehabilitation, or pur- Administration, and payments received there- ‘‘Federal Transit Administration, Capital in- chase of buses or related equipment, or the con- fore shall be credited to the appropriation vestment grants’’ in Public Laws 106–69 and struction of bus related facilities: Provided, charged with the cost thereof: Provided, That 106–346 shall be available for expenditure on That this amount shall be in addition to the rental payments under any such lease, contract, park and ride lots in Carbondale and Glenwood amount available in fiscal year 2002 for these or occupancy for items other than such utilities, Springs, Colorado as part of the Roaring Fork purposes. services, or repairs shall be covered into the Valley Bus Rapid Transit project. SEC. 158. Notwithstanding any other provision Treasury as miscellaneous receipts. SEC. 155. Notwithstanding any other provision of law, for the purpose of calculating the non- SEC. 161. No obligations shall be incurred dur- of law, unobligated funds made available for a New Starts share of the total project cost of both ing the current fiscal year from the construction new fixed guideway systems projects under the phases of San Francisco Muni’s Third Street fund established by the Merchant Marine Act, heading ‘‘Federal Transit Administration, Cap- Light Rail Transit project for fiscal year 2004, 1936, or otherwise, in excess of the appropria- ital Investment Grants’’ in any appropriations the Secretary of Transportation shall include all tions and limitations contained in this Act or in act prior to this Act may be used during this fis- non-New Starts contributions made towards any prior appropriation Act. cal year to satisfy expenses incurred for such Phase 1 of the two-phase project for engineer- RESEARCH AND SPECIAL PROGRAMS projects. ing, final design and construction, and also ADMINISTRATION SEC. 156. (a) IN GENERAL.—The Secretary shall allow non-New Starts funds expended on shall establish a pilot program to determine the one element or phase of the project to be used to RESEARCH AND SPECIAL PROGRAMS benefits of encouraging cooperative procurement meet the non-New Starts share requirement of For expenses necessary to discharge the func- of major capital equipment under sections 5307, any element or phase of the project. tions of the Research and Special Programs Ad- 5309, and 5311. The program shall consist of SEC. 159. Notwithstanding any other provision ministration, $42,516,000, of which $645,000 shall three pilot projects. Cooperative procurements in of law, funds made available under ‘‘Federal be derived from the Pipeline Safety Fund, and these projects may be carried out by grantees, Transit Administration, Capital Investment of which $3,473,000 shall remain available until consortiums of grantees, or members of the pri- Grants’’ in Public Law 105–277 for the Cleveland September 30, 2006: Provided, That up to vate sector acting as agents of grantees. Berea Red Line Extension to the Hopkins Inter- $1,200,000 in fees collected under 49 U.S.C. (b) FEDERAL SHARE.—Notwithstanding any national Airport project may be used for the Eu- 5108(g) shall be deposited in the general fund of other provision of law, the Federal share for a clid Corridor Transportation Project. the Treasury as offsetting receipts: Provided grant under this pilot program shall be 90 per- SAINT LAWRENCE SEAWAY DEVELOPMENT further, That there may be credited to this ap- cent of the net project cost. CORPORATION propriation, to be available until expended, (c) PERMISSIBLE ACTIVITIES.— funds received from States, counties, municipali- SAINT LAWRENCE SEAWAY DEVELOPMENT (1) DEVELOPING SPECIFICATIONS.—Cooperative ties, other public authorities, and private CORPORATION specifications may be developed either by the sources for expenses incurred for training, for grantees or their agents. The Saint Lawrence Seaway Development reports publication and dissemination, and for (2) REQUESTS FOR PROPOSALS.—To the extent Corporation is hereby authorized to make such travel expenses incurred in performance of haz- permissible under state and local law, coopera- expenditures, within the limits of funds and bor- ardous materials exemptions and approvals tive procurements under this section may be car- rowing authority available to the Corporation, functions. ried out, either by the grantees or their agents, and in accord with law, and to make such con- PIPELINE SAFETY by issuing one request for proposal for each co- tracts and commitments without regard to fiscal operative procurement, covering all agencies year limitations as provided by section 104 of the (PIPELINE SAFETY FUND) that are participating in the procurement. Government Corporation Control Act, as amend- (OIL SPILL LIABILITY TRUST FUND) (3) BEST AND FINAL OFFERS.—The cost of eval- ed, as may be necessary in carrying out the pro- For expenses necessary to conduct the func- uating best and final offers either by the grant- grams set forth in the Corporation’s budget for tions of the pipeline safety program, for grants- ees or their agents, is an eligible expense under the current fiscal year. in-aid to carry out a pipeline safety program, as this program. OPERATIONS AND MAINTENANCE authorized by 49 U.S.C. 60107, and to discharge (d) TECHNOLOGY.—To the extent feasible, co- (HARBOR MAINTENANCE TRUST FUND) the pipeline program responsibilities of the Oil operative procurements under this section shall For necessary expenses for operations and Pollution Act of 1990, $67,612,000, of which maximize use of Internet-based software tech- maintenance of those portions of the Saint Law- $17,183,000 shall be derived from the Oil Spill Li- nology designed specifically for transit buses rence Seaway operated and maintained by the ability Trust Fund and shall remain available and other major capital equipment to develop Saint Lawrence Seaway Development Corpora- until September 30, 2006; of which $50,429,000 specifications; aggregate equipment require- tion, $14,400,000, to be derived from the Harbor shall be derived from the Pipeline Safety Fund, ments with other transit agencies; generate co- Maintenance Trust Fund, pursuant to Public of which $22,710,000 shall remain available until operative request for proposal packages; create Law 99–662. September 30, 2006. cooperative specifications; and automate the re- EMERGENCY PREPAREDNESS GRANTS quest for approved equals process. MARITIME ADMINISTRATION (e) ELIGIBLE EXPENSES.—The cost of the per- OPERATIONS AND TRAINING (EMERGENCY PREPAREDNESS FUND) missible activities under (c) and procurement For necessary expenses of operations and For necessary expenses to carry out 49 U.S.C. under (d) are eligible expenses under the pilot training activities authorized by law, 5127(c), $200,000, to be derived from the Emer- program. $106,000,000, of which $13,000,000 shall remain gency Preparedness Fund, to remain available (f) PROPORTIONATE CONTRIBUTIONS.—Cooper- available until expended for capital improve- until September 30, 2006: Provided, That not ating agencies may contribute proportionately ments at the United States Merchant Marine more than $14,300,000 shall be made available to the non-Federal share of any of the eligible Academy, and $7,063,000 shall remain available for obligation in fiscal year 2004 from amounts expenses under (e). until September 30, 2005 for state maritime made available by 49 U.S.C. 5116(i) and 5127(d): (g) OUTREACH.—The Secretary shall conduct schoolship maintenance and repair. Provided further, That none of the funds made outreach on cooperative procurement. Under SHIP DISPOSAL available by 49 U.S.C. 5116(i) and 5127(d) shall this program the Secretary shall: (1) offer tech- For necessary expenses related to the disposal be made available for obligation by individuals nical assistance to transit agencies to facilitate of obsolete vessels in the National Defense Re- other than the Secretary of Transportation, or the use of cooperative procurement of major serve Fleet of the Maritime Administration, his designee. capital equipment and (2) conduct seminars and $18,422,000, to remain available until expended. OFFICE OF INSPECTOR GENERAL conferences for grantees, nationwide, on the MARITIME SECURITY PROGRAM concept of cooperative procurement of major SALARIES AND EXPENSES For necessary expenses to maintain and pre- capital equipment. For necessary expenses of the Office of In- serve a U.S.-flag merchant fleet to serve the na- (h) REPORT.—Not later than 30 days after de- spector General to carry out the provisions of tional security needs of the United States, livery of the base order under each of the pilot the Inspector General Act of 1978, as amended, $98,700,000, to remain available until expended. projects, the Secretary shall submit to the House $56,000,000: Provided, That the Inspector Gen- and Senate Committees on Appropriations a re- MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM eral shall have all necessary authority, in car- port on the results of that pilot project. Each re- ACCOUNT rying out the duties specified in the Inspector port shall evaluate any savings realized through For administrative expenses to carry out the General Act, as amended (5 U.S.C. App. 3) to in- the cooperative procurement and the benefits of guaranteed loan program, not to exceed vestigate allegations of fraud, including false incorporating cooperative procurement, as $4,498,000, which shall be transferred to and statements to the government (18 U.S.C. 1001), shown by that project, into the mass transit pro- merged with the appropriation for Operations by any person or entity that is subject to regula- gram as a whole. and Training. tion by the Department: Provided further, That SEC. 157. Notwithstanding any other provision GENERAL PROVISIONS—MARITIME the funds made available under this heading of law, new fixed guideway system funds avail- ADMINISTRATION shall be used to investigate, pursuant to section able for the Yosemite, California, area regional SEC. 160. Notwithstanding any other provision 41712 of title 49, United States Code: (1) unfair transportation system project, in the Depart- of this Act, the Maritime Administration is au- or deceptive practices and unfair methods of ment of Transportation and Related Agencies thorized to furnish utilities and services and competition by domestic and foreign air carriers Appropriations Act, 2002, Public Law 107–87, make necessary repairs in connection with any and ticket agents; and (2) the compliance of do- under ‘‘Capital Investment Grants’’, in the lease, contract, or occupancy involving Govern- mestic and foreign air carriers with respect to amount of $400,000 shall be available for obliga- ment property under control of the Maritime item (1) of this proviso.

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SURFACE TRANSPORTATION BOARD TREASURY INSPECTOR GENERAL FOR TAX $178,052,000, of which not to exceed $2,500 shall SALARIES AND EXPENSES ADMINISTRATION be available for official reception and represen- For necessary expenses of the Surface Trans- SALARIES AND EXPENSES tation expenses, and of which not to exceed portation Board, including services authorized For necessary expenses of the Treasury In- $2,000,000 shall remain available until expended by 5 U.S.C. 3109, $19,521,000: Provided, That spector General for Tax Administration in car- for systems modernization: Provided, That the notwithstanding any other provision of law, not rying out the Inspector General Act of 1978, as sum appropriated herein from the General Fund to exceed $1,050,000 from fees established by the amended, including purchase (not to exceed 150 for fiscal year 2004 shall be reduced by not more Chairman of the Surface Transportation Board for replacement only for police-type use) and than $4,400,000 as definitive security issue fees shall be credited to this appropriation as offset- hire of passenger motor vehicles (31 U.S.C. and Treasury Direct Investor Account Mainte- ting collections and used for necessary and au- 1343(b)); services authorized by 5 U.S.C. 3109, at nance fees are collected, so as to result in a final thorized expenses under this heading: Provided such rates as may be determined by the Inspec- fiscal year 2004 appropriation from the general further, That the sum herein appropriated from tor General for Tax Administration; not to ex- fund estimated at $173,652,000. In addition, the general fund shall be reduced on a dollar- ceed $6,000,000 for official travel expenses; and $40,000 to be derived from the Oil Spill Liability for-dollar basis as such offsetting collections are not to exceed $500,000 for unforeseen emer- Trust Fund to reimburse the Bureau for admin- received during fiscal year 2004, to result in a gencies of a confidential nature, to be allocated istrative and personnel expenses for financial final appropriation from the general fund esti- and expended under the direction of the Inspec- management of the Fund, as authorized by sec- mated at no more than $18,471,000. tor General for Tax Administration, $128,034,000. tion 1012 of Public Law 101–380. TITLE II—DEPARTMENT OF THE AIR TRANSPORTATION STABILIZATION PROGRAM INTERNAL REVENUE SERVICE For necessary expenses to administer the Air TREASURY PROCESSING, ASSISTANCE, AND MANAGEMENT Transportation Stabilization Board established DEPARTMENTAL OFFICES For necessary expenses of the Internal Rev- by section 102 of the Air Transportation Safety enue Service for pre-filing taxpayer assistance SALARIES AND EXPENSES and System Stabilization Act (Public Law 107– (INCLUDING TRANSFER OF FUNDS) 42), $2,538,000, to remain available until ex- and education, filing and account services, For necessary expenses of the Departmental pended. shared services support, general management and administration; and services as authorized Offices including operation and maintenance of TREASURY BUILDING AND ANNEX REPAIR AND by 5 U.S.C. 3109, at such rates as may be deter- the Treasury Building and Annex; hire of pas- RESTORATION mined by the Commissioner, $4,048,238,000, of senger motor vehicles; maintenance, repairs, For the repair, alteration, and improvement of and improvements of, and purchase of commer- the Treasury Building and Annex, $25,000,000, which up to $3,950,000 shall be for the Tax cial insurance policies for, real properties leased to remain available until September 30, 2006. Counseling for the Elderly Program, of which $7,000,000 shall be available for low-income tax- or owned overseas, when necessary for the per- FINANCIAL CRIMES ENFORCEMENT NETWORK formance of official business; not to exceed payer clinic grants, and of which not to exceed SALARIES AND EXPENSES $3,000,000, to remain available until September $25,000 shall be for official reception and rep- For necessary expenses of the Financial 30, 2005 for information technology moderniza- resentation expenses. Crimes Enforcement Network, including hire of tion requirements; not to exceed $150,000 for offi- TAX LAW ENFORCEMENT passenger motor vehicles; travel expenses of cial reception and representation expenses; not For necessary expenses of the Internal Rev- non-Federal law enforcement personnel to at- to exceed $258,000 for unforeseen emergencies of enue Service for determining and establishing tend meetings concerned with financial intel- a confidential nature, to be allocated and ex- tax liabilities; providing litigation support; con- ligence activities, law enforcement, and finan- pended under the direction of the Secretary of ducting criminal investigation and enforcement cial regulation; not to exceed $14,000 for official activities; securing unfiled tax returns; col- the Treasury and to be accounted for solely on reception and representation expenses; and for his certificate, $174,809,000: Provided, That the assistance to Federal law enforcement agencies, lecting unpaid accounts; conducting a document Office of Foreign Assets Control shall be funded with or without reimbursement, $57,571,000, of matching program; resolving taxpayer problems at no less than $21,855,000 and 120 full time which not to exceed $4,500,000 shall remain through prompt identification, referral and set- equivalent positions: Provided further, That of available until September 30, 2006; and of which tlement; resolving essential earned income tax these amounts, $2,900,000 is available for grants $8,152,000 shall remain available until September credit compliance and error problems; compiling to State and local law enforcement groups to 30, 2005: Provided, That funds appropriated in statistics of income and conducting compliance help fight money laundering: Provided further, this account may be used to procure personal research; purchase (for police-type use, not to That of these amounts, $3,393,000, to remain services contracts. exceed 850) and hire of passenger motor vehicles available until September 30, 2005, shall be for (31 U.S.C. 1343(b)); and services as authorized FINANCIAL MANAGEMENT SERVICE the Treasury-wide Financial Statement Audit by U.S.C. 3109, at such rates as may be deter- Program, of which such amounts as may be nec- SALARIES AND EXPENSES mined by the Commissioner, $4,172,808,000, of essary may be transferred to accounts of the De- For necessary expenses of the Financial Man- which not to exceed $1,000,000 shall remain partment’s offices and bureaus to conduct au- agement Service, $228,558,000, of which not to available until September 30, 2006, for research: dits: Provided further, That this transfer au- exceed $9,220,000 shall remain available until Provided, That such sums may be transferred as thority shall be in addition to any other pro- September 30, 2006, for information systems mod- necessary from this account to the IRS Proc- vided in this Act. ernization initiatives; and of which not to ex- essing, Assistance, and Management appropria- ceed $2,500 shall be available for official recep- DEPARTMENT-WIDE SYSTEMS AND CAPITAL tion or the IRS Information Systems appropriation and representation expenses. INVESTMENTS PROGRAMS tion solely for the purposes of management of ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (INCLUDING TRANSFER OF FUNDS) the Earned Income Tax Compliance program For development and acquisition of automatic SALARIES AND EXPENSES and to reimburse the Social Security Adminis- data processing equipment, software, and serv- For necessary expenses of carrying out section tration for the cost of implementing section 1090 ices for the Department of the Treasury, 1111 of the Homeland Security Act of 2002, in- of the Taxpayer Relief Act of 1997 (Public Law $36,928,000, to remain available until September cluding hire of passenger motor vehicles, 105–33): Provided further, That this transfer au- 30, 2006: Provided, That these funds shall be $80,000,000; of which not to exceed $6,000 for of- thority shall be in addition to any other transfer transferred to accounts and in amounts as nec- ficial reception and representation expenses; not authority provided in this Act. essary to satisfy the requirements of the Depart- to exceed $50,000 for cooperative research and INFORMATION SYSTEMS ment’s offices, bureaus, and other organiza- development programs for Laboratory Services; For necessary expenses of the Internal Rev- tions: Provided further, That this transfer au- and provision of laboratory assistance to State enue Service for information systems and tele- thority shall be in addition to any other transfer and local agencies with or without reimburse- communications support, including develop- authority provided in this Act: Provided further, ment. mental information systems and operational in- That none of the funds appropriated shall be UNITED STATES MINT formation systems; the hire of passenger motor used to support or supplement the Internal Rev- UNITED STATES MINT PUBLIC ENTERPRISE FUND vehicles (31 U.S.C. 1343(b)); and services as au- enue Service appropriations for Information Pursuant to section 5136 of title 31, United thorized by 5 U.S.C. 3109, at such rates as may Systems or Business Systems Modernization. States Code, the United States Mint is provided be determined by the Commissioner, OFFICE OF INSPECTOR GENERAL funding through the United States Mint Public $1,590,962,000, of which $200,000,000 shall remain SALARIES AND EXPENSES Enterprise Fund for costs associated with the available until September 30, 2005. For necessary expenses of the Office of In- production of circulating coins, numismatic BUSINESS SYSTEMS MODERNIZATION spector General in carrying out the provisions of coins, and protective services, including both For necessary expenses of the Internal Rev- the Inspector General Act of 1978, as amended, operating expenses and capital investments. The enue Service, $429,000,000, to remain available not to exceed $2,000,000 for official travel ex- aggregate amount of new liabilities and obliga- until September 30, 2006, for the capital asset ac- penses, including hire of passenger motor vehi- tions incurred during fiscal year 2004 under quisition of information technology systems, in- cles; and not to exceed $100,000 for unforeseen such section 5136 for circulating coinage and cluding management and related contractual emergencies of a confidential nature, to be allo- protective service capital investments of the costs of said acquisitions, including contractual cated and expended under the direction of the United States Mint shall not exceed $40,652,000. costs associated with operations authorized by 5 Inspector General of the Treasury, $12,687,000, BUREAU OF THE PUBLIC DEBT U.S.C. 3109: Provided, That none of these funds of which not to exceed $2,500 shall be available ADMINISTERING THE PUBLIC DEBT may be obligated until the Internal Revenue for official reception and representation ex- For necessary expenses connected with any Service submits to the Committees on Appropria- penses. public-debt issues of the United States, tions, and such Committees approve, a plan for

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expenditure that: (1) meets the capital planning (6) The reasons— SEC. 217. None of the funds appropriated or and investment control review requirements es- (A) for which individuals described in para- otherwise made available by this or any other tablished by the Office of Management and graph (5)(A) did not respond to requests for cer- Act may be used by the United States Mint to Budget, including Circular A–11 part 3; (2) com- tification; and construct or operate any museum without the plies with the Internal Revenue Service’s enter- (B) for which individuals described in para- explicit approval of the House Committee on Fi- prise architecture, including the modernization graph (5)(B) had difficulty in completing the re- nancial Services and the Senate Committee on blueprint; (3) conforms with the Internal Rev- quirements for certification. Banking, Housing, and Urban Affairs. enue Service’s enterprise life cycle methodology; (7) The characteristics of those individuals SEC. 218. Beginning in fiscal year 2004 and (4) is approved by the Internal Revenue Service, who were denied the credit due to— thereafter, there are appropriated to the Sec- the Department of the Treasury, and the Office (A) failure to complete the requirements for retary of the Treasury such sums as may be nec- of Management and Budget; (5) has been re- certification; and essary to reimburse financial institutions in viewed by the General Accounting Office; and (B) ineligibility for the credit. their capacity as depositaries and financial (6) complies with the acquisition rules, require- (8) The impact of the program on non-English agents of the United States for all services re- ments, guidelines, and systems acquisition man- speaking participants. quired or directed by the Secretary of the Treas- (9) The impact of the program on homeless agement practices of the Federal Government. ury, or his designee, to be performed by such fi- and other highly transient individuals. HEALTH INSURANCE TAX CREDIT ADMINISTRATION nancial institutions on behalf of the Treasury or (b) REPORT.— For expenses necessary to implement the other Federal agencies, including services ren- (1) PRELIMINARY REPORT.—Not later than July health insurance tax credit included in the 30, 2004, the Commissioner of the Internal Rev- dered prior to fiscal year 2004. Trade Act of 2002 (Public Law 107–210), enue Service shall submit to Congress a prelimi- TITLE III—EXECUTIVE OFFICE OF THE $35,000,000, to remain available until September nary report on the study conducted under sub- PRESIDENT AND FUNDS APPROPRIATED 30, 2005. section (a). TO THE PRESIDENT GENERAL PROVISIONS—INTERNAL REVENUE (2) FINAL REPORT.—Not later than June 30, COMPENSATION OF THE PRESIDENT AND THE SERVICE 2005, the Commissioner of the Internal Revenue WHITE HOUSE OFFICE SEC. 201. Not to exceed 5 percent of any ap- Service shall submit to Congress a final report propriation made available in this Act to the In- COMPENSATION OF THE PRESIDENT detailing the findings of the study conducted For compensation of the President, including ternal Revenue Service may be transferred to under subsection (a). any other Internal Revenue Service appropria- an expense allowance at the rate of $50,000 per tion upon the advance approval of the Commit- GENERAL PROVISIONS—DEPARTMENT OF THE annum as authorized by 3 U.S.C. 102, $450,000: tees on Appropriations. TREASURY Provided, That none of the funds made avail- SEC. 202. The Internal Revenue Service shall SEC. 210. Appropriations to the Department of able for official expenses shall be expended for maintain a training program to ensure that In- the Treasury in this Act shall be available for any other purpose and any unused amount ternal Revenue Service employees are trained in uniforms or allowances therefor, as authorized shall revert to the Treasury pursuant to section taxpayers’ rights, in dealing courteously with by law (5 U.S.C. 5901), including maintenance, 1552 of title 31, United States Code: Provided the taxpayers, and in cross-cultural relations. repairs, and cleaning; purchase of insurance for further, That none of the funds made available SEC. 203. The Internal Revenue Service shall official motor vehicles operated in foreign coun- for official expenses shall be considered as tax- institute and enforce policies and procedures tries; purchase of motor vehicles without regard able to the President. that will safeguard the confidentiality of tax- to the general purchase price limitations for ve- SALARIES AND EXPENSES payer information. hicles purchased and used overseas for the cur- For necessary expenses for the White House as SEC. 204. Funds made available by this or any rent fiscal year; entering into contracts with the authorized by law, including not to exceed other Act to the Internal Revenue Service shall Department of State for the furnishing of health $3,850,000 for services as authorized by 5 U.S.C. be available for improved facilities and in- and medical services to employees and their de- 3109 and 3 U.S.C. 105; subsistence expenses as creased manpower to provide sufficient and ef- pendents serving in foreign countries; and serv- authorized by 3 U.S.C. 105, which shall be ex- fective 1–800 help line service for taxpayers. The ices authorized by 5 U.S.C. 3109. pended and accounted for as provided in that Commissioner shall continue to make the im- SEC. 211. Not to exceed 2 percent of any appro- section; hire of passenger motor vehicles, news- provement of the Internal Revenue Service 1–800 priations in this Act made available to the De- papers, periodicals, teletype news service, and help line service a priority and allocate re- partmental Offices—Salaries and Expenses, Of- travel (not to exceed $100,000 to be expended and sources necessary to increase phone lines and fice of Inspector General, Financial Manage- accounted for as provided by 3 U.S.C. 103); and staff to improve the Internal Revenue Service 1– ment Service, Alcohol and Tobacco Tax and not to exceed $19,000 for official entertainment 800 help line service. Trade Bureau, Financial Crime Enforcement expenses, to be available for allocation within SEC. 205. None of the funds made available in Network, and Bureau of the Public Debt, may the Executive Office of the President, this Act may be used by the Secretary of the be transferred between such appropriations $61,937,000: Provided, That $8,650,000 of the Treasury or his delegate to issue any rule or upon the advance approval of the Committees funds appropriated shall be available for reim- regulation which implements the proposed on Appropriations. No transfer may increase or bursements to the White House Communications amendments to Internal Revenue Service regula- decrease any such appropriation by more than 2 Agency. tions set forth in REG–209500–86 and REG– percent. EXECUTIVE RESIDENCE AT THE WHITE HOUSE 164464–02, filed December 10, 2002, or any SEC. 212. Not to exceed 2 percent of any ap- OPERATING EXPENSES amendments reaching results similar to such propriation made available in this Act to the In- proposed amendments. ternal Revenue Service may be transferred to For the care, maintenance, repair and alter- SEC. 206. STUDY ON EARNED INCOME TAX the Treasury Inspector General for Tax Admin- ation, refurnishing, improvement, heating, and CREDIT CERTIFICATION PROGRAM. (A) STUDY.— istration’s appropriation upon the advance ap- lighting, including electric power and fixtures, The Internal Revenue Service shall conduct a proval of the Committees on Appropriations. No of the Executive Residence at the White House study, as a part of any program that requires transfer may increase or decrease any such ap- and official entertainment expenses of the Presi- certification (including pre-certification) in propriation by more than 2 percent. dent, $12,501,000, to be expended and accounted order to claim the earned income tax credit SEC. 213. Of the funds available for the pur- for as provided by 3 U.S.C. 105, 109, 110, and under section 32 of the Internal Revenue Code chase of law enforcement vehicles, no funds may 112–114. of 1986, on the following matters: be obligated until the Secretary of the Treasury REIMBURSABLE EXPENSES (1) The costs (in time and money) incurred by certifies that the purchase by the respective For the reimbursable expenses of the Execu- the participants in the program. Treasury bureau is consistent with Depart- tive Residence at the White House, such sums as (2) The administrative costs incurred by the mental vehicle management principles: Pro- may be necessary: Provided, That all reimburs- Internal Revenue Service in operating the provided, That the Secretary may delegate this au- able operating expenses of the Executive Resi- gram. thority to the Assistant Secretary for Manage- dence shall be made in accordance with the pro- (3) The percentage of individuals included in ment. visions of this paragraph: Provided further, the program who were not certified for the cred- SEC. 214. None of the funds appropriated in That, notwithstanding any other provision of it, including the percentage of individuals who this Act or otherwise available to the Depart- law, such amount for reimbursable operating ex- were not certified due to— ment of the Treasury or the Bureau of Engrav- penses shall be the exclusive authority of the (A) ineligibility for the credit; and ing and Printing may be used to redesign the $1 Executive Residence to incur obligations and to (B) failure to complete the requirements for Federal Reserve note. receive offsetting collections, for such expenses: certification. SEC. 215. The Secretary of the Treasury may Provided further, That the Executive Residence (4) The percentage of individuals to whom transfer funds from ‘‘Salaries and Expenses’’, shall require each person sponsoring a reimburs- paragraph (3)(B) applies who were— (A) otherwise eligible for the credit; and Financial Management Service, to the Debt able political event to pay in advance an (B) otherwise ineligible for the credit. Services Account as necessary to cover the costs amount equal to the estimated cost of the event, (5) The percentage of individuals to whom of debt collection: Provided, That such amounts and all such advance payments shall be credited paragraph (3)(B) applies who— shall be reimbursed to such Salaries and Ex- to this account and remain available until ex- (A) did not respond to the request for certifi- penses account from debt collections received in pended: Provided further, That the Executive cation; and the Debt Services Account. Residence shall require the national committee (B) responded to such request but otherwise SEC. 216. Section 122(g)(1) of Public Law 105– of the political party of the President to main- failed to complete the requirements for certifi- 119 (5 U.S.C. 3104 note), is further amended by tain on deposit $25,000, to be separately ac- cation. striking ‘‘5 years’’ and inserting ‘‘6 years’’. counted for and available for expenses relating

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to reimbursable political events sponsored by OFFICE OF POLICY DEVELOPMENT U.S.C. 1701 et seq.); not to exceed $10,000 for of- such committee during such fiscal year: Pro- SALARIES AND EXPENSES ficial reception and representation expenses; vided further, That the Executive Residence For necessary expenses of the Office of Policy and for participation in joint projects or in the shall ensure that a written notice of any Development, including services as authorized provision of services on matters of mutual inter- amount owed for a reimbursable operating ex- by 5 U.S.C. 3109 and 3 U.S.C. 107, $4,109,000. est with nonprofit, research, or public organiza- pense under this paragraph is submitted to the tions or agencies, with or without reimburse- NATIONAL SECURITY COUNCIL person owing such amount within 60 days after ment, $27,996,500; of which $1,350,000 shall re- such expense is incurred, and that such amount SALARIES AND EXPENSES main available until expended for policy re- is collected within 30 days after the submission For necessary expenses of the National Secu- search and evaluation; and $1,500,000 for the of such notice: Provided further, That the Exec- rity Council, including services as authorized by National Alliance for Model State Drug Laws: utive Residence shall charge interest and assess 5 U.S.C. 3109, $10,551,000. Provided, That the Office is authorized to ac- penalties and other charges on any such HOMELAND SECURITY COUNCIL cept, hold, administer, and utilize gifts, both amount that is not reimbursed within such 30 For necessary expenses of the Homeland Secu- real and personal, public and private, without days, in accordance with the interest and pen- rity Council, including services authorized by 5 fiscal year limitation, for the purpose of aiding alty provisions applicable to an outstanding U.S.C. 3109, $8,331,000. or facilitating the work of the Office. debt on a United States Government claim under COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER OFFICE OF ADMINISTRATION section 3717 of title 31, United States Code: Pro- (INCLUDING TRANSFER OF FUNDS) SALARIES AND EXPENSES vided further, That each such amount that is For necessary expenses for the Counterdrug For necessary expenses of the Office of Ad- reimbursed, and any accompanying interest and Technology Assessment Center for research ac- ministration, including services as authorized by charges, shall be deposited in the Treasury as tivities pursuant to the Office of National Drug 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of pas- miscellaneous receipts: Provided further, That Control Policy Reauthorization Act of 1998 (21 senger motor vehicles, $77,164,000, of which the Executive Residence shall prepare and sub- U.S.C. 1701 et seq.), $42,000,000, which shall re- $20,578,000 shall remain available until ex- mit to the Committees on Appropriations, by not main available until expended, consisting of pended for the Capital Investment Plan for con- later than 90 days after the end of the fiscal $18,000,000 for counternarcotics research and de- tinued modernization of the information tech- year covered by this Act, a report setting forth velopment projects, and $24,000,000 for the con- nology infrastructure within the Executive Of- the reimbursable operating expenses of the Exec- tinued operation of the technology transfer pro- fice of the President: Provided, That the Execu- utive Residence during the preceding fiscal year, gram: Provided, That the $18,000,000 for coun- tive Office of the President shall submit a report including the total amount of such expenses, the ternarcotics research and development projects to the Committees on Appropriations that in- amount of such total that consists of reimburs- shall be available for transfer to other Federal cludes a current description of: (1) the Enter- able official and ceremonial events, the amount departments or agencies. of such total that consists of reimbursable polit- prise Architecture, as defined in OMB Circular FEDERAL DRUG CONTROL PROGRAMS ical events, and the portion of each such A–130 and the Federal Chief Information Offi- amount that has been reimbursed as of the date cers Council guidance; (2) the Information HIGH INTENSITY DRUG TRAFFICKING AREAS of the report: Provided further, That the Execu- Technology (IT) Human Capital Plan; (3) the PROGRAM tive Residence shall maintain a system for the capital investment plan for implementing the (INCLUDING TRANSFER OF FUNDS) tracking of expenses related to reimbursable Enterprise Architecture; and (4) the IT capital For necessary expenses of the Office of Na- events within the Executive Residence that in- planning and investment control process: Pro- tional Drug Control Policy’s High Intensity cludes a standard for the classification of any vided further, That this report shall be reviewed Drug Trafficking Areas Program, $226,350,000, such expense as political or nonpolitical: Pro- and approved by the Office of Management and for drug control activities consistent with the vided further, That no provision of this para- Budget, and reviewed by the General Account- approved strategy for each of the designated graph may be construed to exempt the Executive ing Office. High Intensity Drug Trafficking Areas, of Residence from any other applicable require- OFFICE OF MANAGEMENT AND BUDGET which no less than 51 percent shall be transferred to State and local entities for drug control ment of subchapter I or II of chapter 37 of title SALARIES AND EXPENSES activities, which shall be obligated within 120 31, United States Code. For necessary expenses of the Office of Man- days of the date of the enactment of this Act: WHITE HOUSE REPAIR AND RESTORATION agement and Budget, including hire of pas- Provided, That up to 49 percent, to remain senger motor vehicles and services as authorized For the repair, alteration, and improvement of available until September 30, 2005, may be trans- by 5 U.S.C. 3109, $75,417,000, of which not to ex- the Executive Residence at the White House, ferred to Federal agencies and departments at a ceed $3,000 shall be available for official rep- $4,225,000, to remain available until expended, rate to be determined by the Director, of which resentation expenses: Provided, That, as pro- for required maintenance, safety and health not less than $2,100,000 shall be used for audit- vided in 31 U.S.C. 1301(a), appropriations shall issues, and continued preventative mainte- ing services and associated activities: Provided be applied only to the objects for which appro- nance. further, That High Intensity Drug Trafficking priations were made except as otherwise pro- Areas Programs designated as of September 30, SPECIAL ASSISTANCE TO THE PRESIDENT AND THE vided by law: Provided further, That none of 2002, shall be funded at no less than the fiscal OFFICIAL RESIDENCE OF THE VICE PRESIDENT the funds appropriated in this Act for the Office year 2002 initial allocation levels unless the Di- of Management and Budget may be used for the SALARIES AND EXPENSES rector submits to the Committees on Appropria- purpose of reviewing any agricultural marketing For necessary expenses to enable the Vice tions, and the Committees approve, justification orders or any activities or regulations under the President to provide assistance to the President for changes in those levels based on clearly ar- provisions of the Agricultural Marketing Agree- in connection with specially assigned functions; ticulated priorities for the High Intensity Drug ment Act of 1937 (7 U.S.C. 601 et seq.): Provided services as authorized by 5 U.S.C. 3109 and 3 Trafficking Areas Programs, as well as pub- further, That none of the funds made available U.S.C. 106, including subsistence expenses as lished Office of National Drug Control Policy for the Office of Management and Budget by authorized by 3 U.S.C. 106, which shall be ex- performance measures of effectiveness: Provided this Act may be expended for the altering of the pended and accounted for as provided in that further, That a request shall be submitted to the transcript of actual testimony of witnesses, ex- section; and hire of passenger motor vehicles, Committees on Appropriations for approval cept for testimony of officials of the Office of $4,461,000. prior to the expenditure of funds of an amount Management and Budget, before the Committees in excess of the fiscal year 2004 budget request: OPERATING EXPENSES on Appropriations or the Committees on Vet- Provided further, That such request shall be erans’ Affairs or their subcommittees: Provided (INCLUDING TRANSFER OF FUNDS) made in compliance with the reprogramming further, That the preceding shall not apply to guidelines: Provided further, That no funds For the care, operation, refurnishing, im- printed hearings released by the Committees on shall be used for any further or additional con- provement, and to the extent not otherwise pro- Appropriations or the Committees on Veterans’ solidation of the Southwest Border High Inten- vided for, heating and lighting, including elec- Affairs: Provided further, That none of the sity Drug Trafficking Area, except for the oper- tric power and fixtures, of the official residence funds appropriated in this Act may be available ation of an office with a coordinating role, until of the Vice President; the hire of passenger to pay the salary or expenses of any employee of the Office submits a report on the structure of motor vehicles; and not to exceed $90,000 for of- the Office of Management and Budget who cal- the Southwest Border High Intensity Drug Traf- ficial entertainment expenses of the Vice Presi- culates, prepares, or approves any tabular or ficking Area. dent, to be accounted for solely on his certifi- other material that proposes the sub-allocation cate, $331,000: Provided, That advances or re- of budget authority or outlays by the Commit- OTHER FEDERAL DRUG CONTROL PROGRAMS payments or transfers from this appropriation tees on Appropriations among their subcommit- (INCLUDING TRANSFER OF FUNDS) may be made to any department or agency for tees. For activities to support a national anti-drug expenses of carrying out such activities. campaign for youth, and for other purposes, au- OFFICE OF NATIONAL DRUG CONTROL POLICY COUNCIL OF ECONOMIC ADVISERS thorized by the Office of National Drug Control SALARIES AND EXPENSES Policy Reauthorization Act of 1998 (21 U.S.C. SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) 1701 et seq.), $174,000,000, to remain available For necessary expenses of the Council of Eco- For necessary expenses of the Office of Na- until expended, of which the following amounts nomic Advisors in carrying out its functions tional Drug Control Policy; for research activi- are available as follows: $100,000,000 to support under the Employment Act of 1946 (15 U.S.C. ties pursuant to the Office of National Drug a national media campaign, as authorized by 1021), $4,502,000. Control Policy Reauthorization Act of 1998 (21 the Drug-Free Media Campaign Act of 1998;

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.034 S27PT1 S13308 CONGRESSIONAL RECORD — SENATE October 27, 2003 $60,000,000 to continue a program of matching propriation for the costs of carrying out these Ohio: grants to drug-free communities, of which conferences. Toledo, United States Courthouse, $6,500,000 $1,000,000 shall be a directed grant to the Com- FEDERAL MARITIME COMMISSION Pennsylvania: Harrisburg, PA, United States Courthouse, munity Anti-Drug Coalitions of America for the SALARIES AND EXPENSES $26,000,000 National Community Anti-Drug Coalition Insti- For necessary expenses of the Federal Mari- South Carolina: tute, as authorized in chapter 2 of the National time Commission as authorized by section 201(d) Greenville, United States Courthouse, Narcotics Leadership Act of 1988, as amended; of the Merchant Marine Act, 1936, as amended $1,500,000 for the Counterdrug Intelligence Exec- $11,000,000 (46 U.S.C. App. 1111), including services as au- Texas: utive Secretariat; $2,000,000 for evaluations and thorized by 5 U.S.C. 3109; hire of passenger research related to National Drug Control Pro- Del Rio, Border Station, $23,966,000 motor vehicles as authorized by 31 U.S.C. Eagle Pass, Border Station, $31,980,000 gram performance measures; $1,000,000 for the 1343(b); and uniforms or allowances therefore, National Drug Court Institute; $7,200,000 for the Houston, Federal Bureau of Investigation, as authorized by 5 U.S.C. 5901–5902, $18,471,000: $58,080,000 United States Anti-Doping Agency for anti- Provided, That not to exceed $2,000 shall be doping activities; and $800,000 for the United McAllen, Border Station, $17,938,000 available for official reception and representa- San Antonio, United States Courthouse, States membership dues to the World Anti- tion expenses. Doping Agency: Provided, That such funds may $8,000,000 be transferred to other Federal departments and GENERAL SERVICES ADMINISTRATION Virginia: agencies to carry out such activities. REAL PROPERTY ACTIVITIES Richmond, United States Courthouse, $83,000,000 UNANTICIPATED NEEDS FEDERAL BUILDINGS FUND Washington: LIMITATIONS ON AVAILABILITY OF REVENUE For expenses necessary to enable the Presi- Blaine, Border Station, $9,812,000 dent to meet unanticipated needs, in further- (INCLUDING TRANSFER OF FUNDS) Nonprospectus Construction, $10,000,000: ance of the national interest, security, or de- For an additional amount to be deposited in, Provided, That each of the foregoing limits of fense which may arise at home or abroad during and to be used for the purposes of, the Fund es- costs on new construction projects may be ex- the current fiscal year, as authorized by 3 tablished pursuant to section 210(f) of the Fed- ceeded to the extent that savings are effected in U.S.C. 108, $1,000,000. eral Property and Administrative Services Act of other such projects, but not to exceed 10 percent TITLE IV—INDEPENDENT AGENCIES 1949, as amended (40 U.S.C. 592), $407,000,000. of the amounts included in an approved pro- The revenues and collections deposited into the ARCHITECTURAL AND TRANSPORTATION BARRIERS spectus, if required, unless advance approval is Fund shall be available for necessary expenses COMPLIANCE BOARD obtained from the Committees on Appropriations of real property management and related activi- of a greater amount: Provided further, That all SALARIES AND EXPENSES ties not otherwise provided for, including oper- funds for direct construction projects shall ex- For expenses necessary for the Architectural ation, maintenance, and protection of federally pire on September 30, 2005, and remain in the and Transportation Barriers Compliance Board, owned and leased buildings; rental of buildings Federal Buildings Fund except for funds for as authorized by section 502 of the Rehabilita- in the District of Columbia; restoration of leased projects as to which funds for design or other tion Act of 1973, as amended $5,401,000: Pro- premises; moving governmental agencies (includ- funds have been obligated in whole or in part vided, That, notwithstanding any other provi- ing space adjustments and telecommunications prior to such date; (2) $1,000,939,000 shall remain sion of law, there may be credited to this appro- relocation expenses) in connection with the as- available until expended for repairs and alter- priation funds received for publications and signment, allocation and transfer of space; con- ations, which includes associated design and training expenses. tractual services incident to cleaning or serv- construction services: Provided further, That COMMITTEE FOR PURCHASE FROM PEOPLE WHO icing buildings, and moving; repair and alter- funds in the Federal Buildings Fund for Repairs ARE BLIND OR SEVERELY DISABLED ation of federally owned buildings including and Alterations shall, for prospectus projects, be SALARIES AND EXPENSES grounds, approaches and appurtenances; care limited to the amount by project, as follows, ex- For necessary expenses of the Committee for and safeguarding of sites; maintenance, preser- cept each project may be increased by an Purchase From People Who Are Blind or Se- vation, demolition, and equipment; acquisition amount not to exceed 10 percent unless advance verely Disabled established by Public Law 92–28, of buildings and sites by purchase, condemna- approval is obtained from the Committees on $4,725,000. tion, or as otherwise authorized by law; acquisi- Appropriations of a greater amount: tion of options to purchase buildings and sites; ELECTION ASSISTANCE COMMISSION Repairs and Alterations: conversion and extension of federally owned Colorado: For necessary expenses of the Election Assist- buildings; preliminary planning and design of Denver, Byron G. Rogers Federal Building— ance Commission, $1,500,000,000, for providing projects by contract or otherwise; construction Courthouse, $39,436,000 grants to assist State and local efforts to im- of new buildings (including equipment for such District of Columbia: prove election technology and the administra- buildings); and payment of principal, interest, 320 First Street, $7,485,000 tion of Federal elections, as authorized by the and any other obligations for public buildings Eisenhower Executive Office Building, Help America Vote Act of 2002: Provided, That acquired by installment purchase and purchase $65,757,000 1 no more than ⁄10 of 1 percent of funds available contract; in the aggregate amount of Federal Office Building 8, $134,872,000 for requirements payments under Section 257 of $6,717,247,000, of which: (1) $659,668,000 shall re- Main Interior Building, $15,603,000 the Help America Vote Act of 2002 shall be allo- main available until expended for construction Fire & Life Safety, $68,188,000 cated to any territory. (including funds for sites and expenses and as- Georgia: FEDERAL ELECTION COMMISSION sociated design and construction services) of ad- Atlanta, Richard B. Russell Federal Building, SALARIES AND EXPENSES ditional projects at the following locations: $32,173,000 For necessary expenses to carry out the provi- New Construction: Illinois: sions of the Federal Election Campaign Act of Alabama: Chicago, Dirksen Courthouse & Kluczynski Anniston, United States Courthouse, 1971, as amended, $50,440,000, of which not to Federal Building, $24,056,000 $4,400,000 exceed $5,000 shall be available for reception Springfield, Paul H. Findley Federal Build- Tuscaloosa, Federal Building, $7,500,000 and representation expenses. ing—Courthouse, $6,183,000 California: Indiana: FEDERAL LABOR RELATIONS AUTHORITY Los Angeles, United States Courthouse, Terra Haute Federal Building—Post Office, SALARIES AND EXPENSES $50,000,000 $4,600,000 For necessary expenses to carry out functions San Diego, Border Station, $34,211,000 Massachusetts: Colorado: of the Federal Labor Relations Authority, pur- Boston, John W. McCormack Post Office and Denver Federal Center, site remediation, suant to Reorganization Plan Numbered 2 of Courthouse, $73,037,000 $6,000,000 1978, and the Civil Service Reform Act of 1978, New York: including services authorized by 5 U.S.C. 3109, Florida: Orlando, United States Courthouse, $7,200,000 Brooklyn, Emanuel Celler Courthouse, and including hire of experts and consultants, Maine: $65,511,000 hire of passenger motor vehicles, and rental of Jackman, Border Station, $7,712,000 North Dakota: conference rooms in the District of Columbia Maryland: Fargo, Federal Building—Post Office, and elsewhere, $29,611,000: Provided, That pub- Montgomery County, Food and Drug Admin- $5,801,000 lic members of the Federal Service Impasses istration Consolidation, $45,000,000 Ohio: Panel may be paid travel expenses and per diem Suitland, United States Census Bureau, Columbus, John W. Bricker Federal Building, in lieu of subsistence as authorized by law (5 $146,451,000 $10,707,000 U.S.C. 5703) for persons employed intermittently Michigan: Washington: in the Government service, and compensation as Detroit, Ambassador Bridge Border Station, Auburn, Building 7, Auburn Federal Build- authorized by 5 U.S.C. 3109: Provided further, $25,387,000 ing, $18,315,000 That notwithstanding 31 U.S.C. 3302, funds re- New York: Bellingham, Federal Building, $2,610,000 ceived from fees charged to non-Federal partici- Champlain, Border Station, $31,031,000 Seattle, Henry M. Jackson Federal Building, pants at labor-management relations con- North Carolina: $6,868,000 ferences shall be credited to and merged with Charlotte, United States Courthouse, Special Emphasis Programs: this account, to be available without further ap- $8,500,000 Chlorofluorocarbons Program, $5,000,000

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00076 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.034 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13309 Energy Program, $5,000,000 and shall not be available for expenditure ex- Federal Buildings Fund activities may be trans- Glass Fragmentation Program, $20,000,000 cept as authorized in appropriations Acts. ferred between such activities only to the extent Design Program, $34,737,000 GENERAL ACTIVITIES necessary to meet program requirements: Pro- Basic Repairs and Alterations, $355,000,000: vided, That any proposed transfers shall be ap- Provided further, That funds made available in GOVERNMENT-WIDE POLICY For expenses authorized by law, not otherwise proved in advance by the Committees on Appro- any previous Act in the Federal Buildings Fund priations. for Repairs and Alterations shall, for prospectus provided for, for Government-wide policy and SEC. 404. No funds made available by this Act projects, be limited to the amount identified for evaluation activities associated with the man- shall be used to transmit a fiscal year 2005 re- each project, except each project in any previous agement of real and personal property assets quest for United States Courthouse construction Act may be increased by an amount not to ex- and certain administrative services; Govern- that: (1) does not meet the design guide stand- ceed 10 percent unless advance approval is ob- ment-wide policy support responsibilities relat- ards for construction as established and ap- tained from the Committees on Appropriations ing to acquisition, telecommunications, informa- proved by the General Services Administration, of a greater amount: Provided further, That ad- tion technology management, and related tech- the Judicial Conference of the United States, ditional projects for which prospectuses have nology activities; and services as authorized by and the Office of Management and Budget; and been fully approved may be funded under this 5 U.S.C. 3109, $61,781,000. category only if advance approval is obtained OPERATING EXPENSES (2) does not reflect the priorities of the Judicial from the Committees on Appropriations: Pro- For expenses authorized by law, not otherwise Conference of the United States as set out in its vided further, That the amounts provided in provided for, for Government-wide activities as- approved 5-year construction plan: Provided, this or any prior Act for ‘‘Repairs and Alter- sociated with utilization and donation of sur- That the fiscal year 2005 request must be accom- ations’’ may be used to fund costs associated plus personal property; disposal of real prop- panied by a standardized courtroom utilization with implementing security improvements to erty; telecommunications, information tech- study of each facility to be constructed, re- buildings necessary to meet the minimum stand- nology management, and related technology ac- placed, or expanded. ards for security in accordance with current law tivities; providing citizens with Internet access SEC. 405. None of the funds provided in this and in compliance with the reprogramming to Federal information and services; agency- Act may be used to increase the amount of occu- guidelines of the appropriate Committees of the wide policy direction and management, and piable square feet, provide cleaning services, se- House and Senate: Provided further, That the Board of Contract Appeals; accounting, records curity enhancements, or any other service usu- difference between the funds appropriated and management, and other support services inci- ally provided through the Federal Buildings expended on any projects in this or any prior dent to adjudication of Indian Tribal Claims by Fund, to any agency that does not pay the rate Act, under the heading ‘‘Repairs and Alter- the United States Court of Federal Claims; serv- per square foot assessment for space and serv- ations’’, may be transferred to Basic Repairs ices as authorized by 5 U.S.C. 3109; and not to ices as determined by the General Services Ad- and Alterations or used to fund authorized in- exceed $7,500 for official reception and represen- ministration in compliance with the Public creases in prospectus projects: Provided further, tation expenses, $85,083,000. Buildings Amendments Act of 1972 (Public Law That all funds for repairs and alterations pro- OFFICE OF INSPECTOR GENERAL 92–313). spectus projects shall expire on September 30, For necessary expenses of the Office of In- SEC. 406. Funds provided to other Government 2005 and remain in the Federal Buildings Fund spector General and services authorized by 5 agencies by the Information Technology Fund, except funds for projects as to which funds for U.S.C. 3109, $39,169,000: Provided, That not to General Services Administration, under section design or other funds have been obligated in exceed $15,000 shall be available for payment for 110 of the Federal Property and Administrative whole or in part prior to such date: Provided information and detection of fraud against the Services Act of 1949 (40 U.S.C. 757) and sections further, That the amount provided in this or Government, including payment for recovery of 5124(b) and 5128 of the Clinger-Cohen Act of any prior Act for Basic Repairs and Alterations stolen Government property: Provided further, 1996 (40 U.S.C. 1424(b) and 1428), for perform- may be used to pay claims against the Govern- That not to exceed $2,500 shall be available for ance of pilot information technology projects ment arising from any projects under the head- awards to employees of other Federal agencies which have potential for Government-wide ben- ing ‘‘Repairs and Alterations’’ or used to fund and private citizens in recognition of efforts and efits and savings, may be repaid to this Fund authorized increases in prospectus projects: Pro- initiatives resulting in enhanced Office of In- from any savings actually incurred by these vided further, That the funds available herein spector General effectiveness. projects or other funding, to the extent feasible. SEC. 407. From funds made available under for repairs to the Bellingham, Washington, Fed- ELECTRONIC GOVERNMENT (E-GOV) FUND eral Building, shall be available for transfer to the heading ‘‘Federal Buildings Fund, Limita- (INCLUDING TRANSFER OF FUNDS) the city of Bellingham, Washington, subject to tions on Availability of Revenue’’, claims For necessary expenses in support of inter- disposal of the building to the city; (3) against the Government of less than $250,000 agency projects that enable the Federal Govern- $169,745,000 for installment acquisition pay- arising from direct construction projects and ac- ment to expand its ability to conduct activities ments including payments on purchase con- quisition of buildings may be liquidated from electronically, through the development and im- tracts which shall remain available until ex- savings effected in other construction projects plementation of innovative uses of the Internet pended; (4) $3,278,187,000 for rental of space with prior notification to the Committees on Ap- and other electronic methods, $5,000,000, to re- which shall remain available until expended; propriations. main available until expended: Provided, That and (5) $1,608,708,000 for building operations SEC. 408. (a) Notwithstanding any other provi- these funds may be transferred to Federal agen- which shall remain available until expended: sion of law, the Administrator of General Serv- cies to carry out the purposes of the Fund: Pro- Provided further, That funds available to the ices is authorized to acquire, under such terms vided further, That this transfer authority shall General Services Administration shall not be and conditions as he deems to be in the interests be in addition to any other transfer authority available for expenses of any construction, re- of the United States, approximately 27 acres of provided in this Act: Provided further, That pair, alteration and acquisition project for land, identified as Site 7 and located at 234 Cor- such transfers may not be made until 10 days which a prospectus, if required by the Public porate Drive, Pease International Tradeport, after a proposed spending plan and justification Buildings Act of 1959, as amended, has not been Portsmouth, NH 03801, as a site for the public for each project to be undertaken has been sub- approved, except that necessary funds may be building needs of the Federal Government, and mitted to the Committees on Appropriations. expended for each project for required expenses to design and construct upon the site a new for the development of a proposed prospectus: ALLOWANCES AND OFFICE STAFF FOR FORMER Federal Office Building of approximately 98,000 Provided further, That funds available in the PRESIDENTS gross square feet: Provided, That the Adminis- Federal Buildings Fund may be expended for (INCLUDING TRANSFER OF FUNDS) trator shall not acquire any property under this emergency repairs when advance approval is ob- For carrying out the provisions of the Act of subsection until the Administrator determines tained from the Committees on Appropriations: August 25, 1958, as amended (3 U.S.C. 102 note), that the property is in compliance with applica- Provided further, That amounts necessary to and Public Law 95–138, $3,393,000: Provided, ble environmental laws, and that the property is provide reimbursable special services to other That the Administrator of General Services shall suitable and available for use as a site to house agencies under section 210(f)(6) of the Federal transfer to the Secretary of the Treasury such the Federal agencies presently located in the Property and Administrative Services Act of sums as may be necessary to carry out the provi- Thomas J. McIntyre Federal Building. 1949, as amended (40 U.S.C. 592(b)(2)) and sions of such Acts. (b) For the site acquisition, design, construc- amounts to provide such reimbursable fencing, GENERAL SERVICES ADMINISTRATION—GENERAL tion, and relocation, $11,149,000 shall be avail- lighting, guard booths, and other facilities on PROVISIONS able from funds previously provided under the private or other property not in Government SEC. 401. The appropriate appropriation or heading ‘‘General Services Administration, Real ownership or control as may be appropriate to fund available to the General Services Adminis- Property Activities, Federal Buildings Fund’’ in enable the United States Secret Service to per- tration shall be credited with the cost of oper- Public Law 108–7 for repairs and alterations to form its protective functions pursuant to 18 ation, protection, maintenance, upkeep, repair, the Thomas J. McIntyre Federal Building in U.S.C. 3056, shall be available from such reve- and improvement, included as part of rentals re- Portsmouth, New Hampshire, which was in- nues and collections: Provided further, That ceived from Government corporations pursuant cluded in the plan for expenditure of repairs revenues and collections and any other sums ac- to law (40 U.S.C. 129). and alterations funds as required by accom- cruing to this Fund during fiscal year 2004, ex- SEC. 402. Funds available to the General Serv- panying House Report 108–10. cluding reimbursements under section 210(f)(6) ices Administration shall be available for the (c) For any additional costs of construction, of the Federal Property and Administrative hire of passenger motor vehicles. management and inspection of the new facility Services Act of 1949 (40 U.S.C. 592(b)(2)) in ex- SEC. 403. Funds in the Federal Buildings to house the Federal agencies relocated from the cess of $6,717,247,000 shall remain in the Fund Fund made available for fiscal year 2004 for McIntyre Federal Office Building, and for the

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.034 S27PT1 S13310 CONGRESSIONAL RECORD — SENATE October 27, 2003 costs of relocating the Federal agencies occu- facility, for expenses necessary to provide ade- and $2,500,000 shall remain available until ex- pying the McIntyre Federal Office Building, quate storage for holdings. pended for the cost of leading the government- $13,669,000 shall be deposited into the Federal REPAIRS AND RESTORATION wide initiative to modernize the Federal payroll Buildings Fund (40 U.S.C. 592) from the General For the repair, alteration, and improvement of systems and service delivery and $2,500,000 shall Fund; which amount, together with the amount archives facilities, and to provide adequate stor- remain available through September 30, 2005 to set forth in subsection (b) of this section shall age for holdings, $13,483,000, to remain available coordinate and conduct program evaluation and remain available until expended and shall be until expended, of which $2,025,000 is for land performance measurement; and in addition subject to such escalation and reprogramming acquisition for a site in Anchorage, Alaska to $135,914,000 for administrative expenses, to be authorities available to the Administrator for construct a new regional archives and records transferred from the appropriate trust funds of any other new construction projects under the facility and of which $5,000,000 is for the repair the Office of Personnel Management without re- heading ‘‘Federal Building Fund Limitations on and restoration of the plaza that surrounds the gard to other statutes, including direct procure- Availability of Revenue’’. Lyndon Baines Johnson Presidential Library ment of printed materials, for the retirement and (d) The Administrator is authorized and di- and that is under the joint control and custody insurance programs, of which $36,700,000 shall rected to convey, without consideration, the of the University of Texas: Provided, That such remain available until expended for the cost of Thomas J. McIntyre Federal Office Building to funds may be transferred directly to the Univer- automating the retirement recordkeeping sys- the City of Portsmouth, New Hampshire for eco- sity and used, together with University funds, tems: Provided, That the provisions of this appropriation shall not affect the authority to use nomic development purposes subject to the fol- for repair and restoration of the plaza and re- applicable trust funds as provided by sections lowing conditions: (i) that all Federal agencies main available until expended for this purpose: 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and currently occupying the McIntyre Building ex- Provided further, That the same transfer au- (2)(A) of title 5, United States Code: Provided cept the United States Postal Service are com- thority shall extend to funds previously appro- further, That no part of this appropriation shall pletely relocated to the new Federal Building priated in Public Law 108–7 for this purpose. for so long as those agencies have continuing be available for salaries and expenses of the NATIONAL HISTORICAL PUBLICATIONS AND mission needs for that new location, (ii) that the Legal Examining Unit of the Office of Personnel RECORDS COMMISSION requirements of the McKinney-Vento Homeless Management established pursuant to Executive Assistance Act (42 U.S.C. 11411 et seq.) shall not GRANTS PROGRAM Order No. 9358 of July 1, 1943, or any successor apply to this conveyance; and (iii) that the Ad- For necessary expenses for allocations and unit of like purpose: Provided further, That the ministrator may include in the conveyance doc- grants for historical publications and records as President’s Commission on White House Fel- uments such terms and conditions as the Admin- authorized by 44 U.S.C. 2504, as amended, lows, established by Executive Order No. 11183 istrator determines in the best interest of the $5,000,000, to remain available until expended. of October 3, 1964, may, during fiscal year 2004, accept donations of money, property, and per- United States. NATIONAL TRANSPORTATION SAFETY BOARD sonal services in connection with the develop- MERIT SYSTEMS PROTECTION BOARD SALARIES AND EXPENSES ment of a publicity brochure to provide informa- SALARIES AND EXPENSES For necessary expenses of the National Trans- tion about the White House Fellows, except that (INCLUDING TRANSFER OF FUNDS) portation Safety Board, including hire of pas- no such donations shall be accepted for travel or For necessary expenses to carry out functions senger motor vehicles and aircraft; services as reimbursement of travel expenses, or for the sal- of the Merit Systems Protection Board pursuant authorized by 5 U.S.C. 3109, but at rates for in- aries of employees of such Commission. to Reorganization Plan Numbered 2 of 1978 and dividuals not to exceed the per diem rate equiva- OFFICE OF INSPECTOR GENERAL the Civil Service Reform Act of 1978, including lent to the rate for a GS–15; uniforms, or allow- SALARIES AND EXPENSES ances therefor, as authorized by law (5 U.S.C. services as authorized by 5 U.S.C. 3109, rental of (INCLUDING TRANSFER OF TRUST FUNDS) conference rooms in the District of Columbia 5901–5902) $72,170,000, of which not to exceed For necessary expenses of the Office of In- and elsewhere, hire of passenger motor vehicles, $2,000 may be used for official reception and spector General in carrying out the provisions of and direct procurement of survey printing, representation expenses. the Inspector General Act, as amended, includ- $32,877,000 together with not to exceed $2,626,000 EMERGENCY FUND ing services as authorized by 5 U.S.C. 3109, hire for administrative expenses to adjudicate retire- For necessary expenses of the National Trans- of passenger motor vehicles, $1,498,000, and in ment appeals to be transferred from the Civil portation Safety Board for accident investiga- addition, not to exceed $14,427,000 for adminis- Service Retirement and Disability Fund in tions, $600,000, to remain available until ex- trative expenses to audit, investigate, and pro- amounts determined by the Merit Systems Pro- pended: Provided, That these funds shall be vide other oversight of the Office of Personnel tection Board. available only to the extent necessary to restore Management’s retirement and insurance pro- MORRIS K. UDALL SCHOLARSHIP AND EXCEL- the balance of the emergency fund to $2,000,000 grams, to be transferred from the appropriate LENCE IN NATIONAL ENVIRONMENTAL POLICY (29 U.S.C. 1118 (b)). trust funds of the Office of Personnel Manage- FOUNDATION OFFICE OF GOVERNMENT ETHICS ment, as determined by the Inspector General: Provided, That the Inspector General is author- MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE SALARIES AND EXPENSES ized to rent conference rooms in the District of IN NATIONAL ENVIRONMENTAL POLICY TRUST For necessary expenses to carry out functions Columbia and elsewhere. FUND of the Office of Government Ethics pursuant to GOVERNMENT PAYMENT FOR ANNUITANTS, For payment to the Morris K. Udall Scholar- the Ethics in Government Act of 1978, as amend- EMPLOYEES HEALTH BENEFITS ed and the Ethics Reform Act of 1989, including ship and Excellence in National Environmental For payment of Government contributions services as authorized by 5 U.S.C. 3109, rental of Policy Trust Fund, pursuant to the Morris K. with respect to retired employees, as authorized conference rooms in the District of Columbia Udall Scholarship and Excellence in National by chapter 89 of title 5, United States Code, and and elsewhere, hire of passenger motor vehicles, Environmental and Native American Public Pol- the Retired Federal Employees Health Benefits and not to exceed $1,500 for official reception icy Act of 1992 (20 U.S.C. 5601 et seq.), Act (74 Stat. 849), as amended, such sums as and representation expenses, $10,738,000. $1,996,000, to remain available until expended: may be necessary. Provided, That up to 60 percent of such funds OFFICE OF PERSONNEL MANAGEMENT GOVERNMENT PAYMENT FOR ANNUITANTS, may be transferred by the Morris K. Udall SALARIES AND EXPENSES EMPLOYEE LIFE INSURANCE Scholarship and Excellence in National Envi- For payment of Government contributions ronmental Policy Foundation for the necessary (INCLUDING TRANSFER OF TRUST FUNDS) with respect to employees retiring after Decem- expenses of the Native Nations Institute. For necessary expenses to carry out functions of the Office of Personnel Management pursu- ber 31, 1989, as required by chapter 87 of title 5, ENVIRONMENTAL DISPUTE RESOLUTION FUND United States Code, such sums as may be nec- For payment to the Environmental Dispute ant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, includ- essary. Resolution Fund to carry out activities author- PAYMENT TO CIVIL SERVICE RETIREMENT AND ized in the Environmental Policy and Conflict ing services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by pri- DISABILITY FUND Resolution Act of 1998, $1,309,000, to remain For financing the unfunded liability of new available until expended. vate physicians on a fee basis; rental of conference rooms in the District of Columbia and and increased annuity benefits becoming effec- NATIONAL ARCHIVES AND RECORDS elsewhere; hire of passenger motor vehicles; not tive on or after October 20, 1969, as authorized ADMINISTRATION to exceed $2,500 for official reception and rep- by 5 U.S.C. 8348, and annuities under special OPERATING EXPENSES resentation expenses; advances for reimburse- Acts to be credited to the Civil Service Retire- For necessary expenses in connection with the ments to applicable funds of the Office of Per- ment and Disability Fund, such sums as may be administration of the National Archives (includ- sonnel Management and the Federal Bureau of necessary: Provided, That annuities authorized ing the Information Security Oversight Office) Investigation for expenses incurred under Exec- by the Act of May 29, 1944, as amended, and the and archived Federal records and related activi- utive Order No. 10422 of January 9, 1953, as Act of August 19, 1950, as amended (33 U.S.C. ties, as provided by law, and for expenses nec- amended; and payment of per diem and/or sub- 771–775), may hereafter be paid out of the Civil essary for the review and declassification of sistence allowances to employees where Voting Service Retirement and Disability Fund. documents, and for the hire of passenger motor Rights Act activities require an employee to re- OFFICE OF SPECIAL COUNSEL vehicles, $258,191,000: Provided, That the Archi- main overnight at his or her post of duty, SALARIES AND EXPENSES vist of the United States is authorized to use $118,748,000, of which $2,000,000 shall remain For necessary expenses to carry out functions any excess funds available from the amount bor- available until expended for the cost of the en- of the Office of Special Counsel pursuant to Re- rowed for construction of the National Archives terprise human resources integration project, organization Plan Numbered 2 of 1978, the Civil

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Service Reform Act of 1978 (Public Law 95–454), SEC. 506. None of the funds appropriated in agreements have completed the normal re- as amended, the Whistleblower Protection Act of this Act shall remain available for obligation be- programming process for Congressional notifica- 1989 (Public Law 101–12), as amended, Public yond the current fiscal year, nor may any be tion. Law 103–424, and the Uniformed Services Em- transferred to other appropriations, unless ex- SEC. 515. Funds appropriated or limited in ployment and Reemployment Act of 1994 (Public pressly so provided herein. title I of this Act shall be subject to the terms Law 103–353), including services as authorized SEC. 507. The expenditure of any appropria- and conditions stipulated in section 350 of Pub- by 5 U.S.C. 3109, payment of fees and expenses tion under this Act for any consulting service lic Law 107–87, including that the Secretary sub- for witnesses, rental of conference rooms in the through procurement contract pursuant to sec- mit a report to the House and Senate Appropria- District of Columbia and elsewhere, and hire of tion 3109 of title 5, United States Code, shall be tions Committees annually on the safety and se- passenger motor vehicles; $13,504,000. limited to those contracts where such expendi- curity of transportation into the United States UNITED STATES POSTAL SERVICE tures are a matter of public record and available by Mexico-domiciled motor carriers. for public inspection, except where otherwise SEC. 516. None of the funds made available in PAYMENT TO THE POSTAL SERVICE FUND provided under existing law, or under existing this Act may be transferred to any department, For payment to the Postal Service Fund for Executive order issued pursuant to existing law. agency, or instrumentality of the United States revenue forgone on free and reduced rate mail, SEC. 508. None of the funds in this Act shall Government, except pursuant to a transfer made pursuant to subsections (c) and (d) of section be used to implement section 404 of title 23, by, or transfer authority provided in, this Act or 2401 of title 39, United States Code, $65,521,000, United States Code. any other appropriations Act. of which $36,521,000 shall not be available for SEC. 509. (a) No recipient of funds made avail- SEC. 517. Funds provided in this Act for the obligation until October 1, 2004: Provided, That able in this Act shall disseminate personal infor- Working Capital Fund shall be reduced by mail for overseas voting and mail for the blind mation (as defined in 18 U.S.C. 2725(3)) obtained $17,816,000, which limits fiscal year 2004 Work- shall continue to be free: Provided further, That by a State department of motor vehicles in con- ing Capital Fund obligational authority for ele- 6-day delivery and rural delivery of mail shall nection with a motor vehicle record as defined ments of the Department of Transportation continue at not less than the 1983 level: Pro- in 18 U.S.C. 2725(1), except as provided in 18 funded in this Act to no more than $98,899,000: vided further, That none of the funds made U.S.C. 2721 for a use permitted under 18 U.S.C. Provided, That such reductions from the budget available to the Postal Service by this Act shall 2721. request shall be allocated by the Department of be used to implement any rule, regulation, or (b) Notwithstanding subsection (a), the Sec- Transportation to each appropriations account policy of charging any officer or employee of retary shall not withhold funds provided in this in proportion to the amount included in each any State or local child support enforcement Act for any grantee if a State is in noncompli- account for the Working Capital Fund. agency, or any individual participating in a ance with this provision. SEC. 518. AMENDMENTS TO PRIOR SURFACE State or local program of child support enforce- SEC. 510. Funds received by the Federal High- TRANSPORTATION LAWS. (a) ISTEA HIGH PRI- ment, a fee for information requested or pro- way Administration, Federal Transit Adminis- ORITY CORRIDORS.— vided concerning an address of a postal cus- tration, and Federal Railroad Administration (1) Section 1105(c) of the Intermodal Surface tomer: Provided further, That none of the funds from States, counties, municipalities, other pub- Transportation Efficiency Act of 1991 (105 Stat. provided in this Act shall be used to consolidate lic authorities, and private sources for expenses 2032–2033) as amended, is further amended by or close small rural and other small post offices incurred for training may be credited respec- inserting after paragraph (44) the following: in fiscal year 2004. tively to the Federal Highway Administration’s ‘‘(45) U.S. 78 from Tupelo, Mississippi, to UNITED STATES TAX COURT ‘‘Federal-Aid Highways’’ account, the Federal Memphis, Tennessee.’’. SALARIES AND EXPENSES Transit Administration’s ‘‘Transit Planning and (2) Section 1105(e)(5)(A) of such Act as amend- For necessary expenses, including contract re- Research’’ account, and to the Federal Railroad ed is further amended by striking ‘‘and sub- porting and other services as authorized by 5 Administration’s ‘‘Safety and Operations’’ ac- section (c)(42)’’ and inserting after ‘‘(c)(40),’’ U.S.C. 3109, $40,187,000: Provided, That travel count, except for State rail safety inspectors the following: ‘‘in subsection (c)(42), and in sub- expenses of the judges shall be paid upon the participating in training pursuant to 49 U.S.C. section (c)(45)’’. written certificate of the judge. 20105. (3) Section 1105(e)(5)(B)(i) of such Act is SEC. 511. Notwithstanding any other provision WHITE HOUSE COMMISSION ON THE NATIONAL amended by adding at the end the following: of law, rule or regulation, the Secretary of MOMENT OF REMEMBRANCE ‘‘The portion of the route referred to in sub- Transportation is authorized to allow the issuer section (c)(45) and the portion of the route re- For necessary expenses of the White House of any preferred stock heretofore sold to the De- ferred to in subsection (c)(42) between Tupelo, Commission on the National Moment of Remem- partment to redeem or repurchase such stock Mississippi, and Birmingham, Alabama, are des- brance, $250,000. upon the payment to the Department of an ignated as Interstate Route I–22.’’. TITLE V—GENERAL PROVISIONS amount determined by the Secretary. SEC. 519. Amounts made available in this or THIS ACT SEC. 512. None of the funds in title I of this any other Act that the Secretary determines rep- (INCLUDING TRANSFERS OF FUNDS) Act may be used to make a grant unless the Sec- resent improper payments by the Department of SEC. 501. During the current fiscal year appli- retary of Transportation, or the Secretary of the Transportation to a third party contractor cable appropriations to the Department of department in which the Transportation Secu- under a financial assistance award, which are Transportation shall be available for mainte- rity Administration is operating, notifies the recovered pursuant to law, shall be available— nance and operation of aircraft; hire of pas- House and Senate Committees on Appropria- (1) to reimburse the actual expenses incurred senger motor vehicles and aircraft; purchase of tions not less than 3 full business days before by the Department of Transportation in recov- liability insurance for motor vehicles operating any discretionary grant award, letter of intent, ering improper payments; and in foreign countries on official department busi- or full funding grant agreement totaling (2) to pay contractors for services provided in ness; and uniforms, or allowances therefor, as $1,000,000 or more is announced by the depart- recovering improper payments: Provided, That authorized by law (5 U.S.C. 5901–5902). ment or its modal administrations from: (1) any amounts in excess of that required for para- SEC. 502. Such sums as may be necessary for discretionary grant program of the Federal graphs (1) and (2)— fiscal year 2004 pay raises for programs funded Highway Administration other than the emer- (A) shall be credited to and merged with the in this Act shall be absorbed within the levels gency relief program; (2) the airport improve- appropriation from which the improper pay- appropriated in this Act or previous appropria- ment program of the Federal Aviation Adminis- ments were made, and shall be available for the tions Acts. tration; or (3) any program of the Federal Tran- purposes and period for which such appropria- SEC. 503. Appropriations contained in this Act sit Administration other than the formula tions are available; or for the Department of Transportation shall be grants and fixed guideway modernization pro- (B) if no such appropriation remains avail- available for services as authorized by 5 U.S.C. grams: Provided, That no notification shall in- able, shall be deposited in the Treasury as mis- 3109, but at rates for individuals not to exceed volve funds that are not available for obliga- cellaneous receipts: Provided, That prior to the the per diem rate equivalent to the rate for an tion. transfer of any such recovery to an appropria- Executive Level IV. SEC. 513. Rebates, refunds, incentive pay- tions account, the Secretary shall notify the SEC. 504. None of the funds in this Act shall ments, minor fees and other funds received by House and Senate Committees on Appropria- be available for salaries and expenses of more the Department of Transportation from travel tions of the amount and reasons for such trans- than 106 political and Presidential appointees in management centers, charge card programs, the fer: Provided further, That for purposes of this the Department of Transportation: Provided, subleasing of building space, and miscellaneous section, the term ‘‘improper payments’’, has the That none of the personnel covered by this pro- sources are to be credited to appropriations of same meaning as that provided in section 2(d)(2) vision or political and Presidential appointees in the Department of Transportation and allocated of Public Law 107–300. an independent agency funded in this Act may to elements of the Department of Transportation SEC. 520. The Secretary of Transportation is be assigned on temporary detail outside the De- using fair and equitable criteria and such funds authorized to transfer the unexpended balances partment of Transportation or such independent shall be available until expended. available for the bonding assistance program agency. SEC. 514. None of the funds in this Act may be from ‘‘Office of the Secretary, Salaries and ex- SEC. 505. None of the funds in this Act shall obligated for the Office of the Secretary of penses’’ to ‘‘Minority Business Outreach’’. be used for the planning or execution of any Transportation to approve assessments or reim- SEC. 521. The expenditure of any appropria- program to pay the expenses of, or otherwise bursable agreements pertaining to funds appro- tion under this Act for any consulting service compensate, non-Federal parties intervening in priated to the modal administrations in this Act, through procurement contract, pursuant to 5 regulatory or adjudicatory proceedings funded except for activities underway on the date of en- U.S.C. 3109, shall be limited to those contracts in this Act. actment of this Act, unless such assessments or where such expenditures are a matter of public

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record and available for public inspection, ex- (2) such request is required due to extraor- SEC. 534. None of the funds appropriated or cept where otherwise provided under existing dinary circumstances involving national secu- limited in title I of this Act may be used to law, or under existing Executive order issued rity. change weight restrictions or prior permission pursuant to existing law. SEC. 529. The cost accounting standards pro- rules at Teterboro Airport. SEC. 522. In conducting the rulemaking man- mulgated under section 26 of the Office of Fed- SEC. 535. Section 414(h) of title 39, United dated by Section 352 of Public Law 108–7, the eral Procurement Policy Act (Public Law 93–400; States Code, is amended by striking ‘‘2003’’ and Department of Transportation and any other 41 U.S.C. 422) shall not apply with respect to a inserting ‘‘2005’’. agencies involved in the rulemaking shall ensure contract under the Federal Employees Health SEC. 536. After the last section of the Federal that the proposed rules fully and accurately re- Benefits Program established under chapter 89 Transit Act, 49 U.S.C. Chapter 53, add the fol- flect the findings in the General Accounting Of- of title 5, United States Code. lowing section: fice. The study concerns the adequacy of the SEC. 530. For the purpose of resolving litiga- ‘‘SEC. ll. UTAH TRANSPORTATION PROJECTS. Department’s procedures used prior to the pas- tion and implementing any settlement agree- ‘‘(a) COORDINATION.—FTA and FHWA are di- sage of Public Law 108–7 in order to ensure the ments regarding the nonforeign area cost-of-liv- rected to work with the Utah Transit Authority security of facilities and activities described in ing allowance program, the Office of Personnel and the Utah Department of Transportation to Section 352. Management may accept and utilize (without coordinate the development regional commuter SEC. 523. No part of any appropriation con- regard to any restriction on unanticipated trav- rail and the northern segment of I–15 recon- tained in this Act shall be available to pay the el expenses imposed in an Appropriations Act) struction located in the Wasatch Front corridor salary for any person filling a position, other funds made available to the Office pursuant to extending from Brigham City to Payson, Utah. than a temporary position, formerly held by an court approval. Coordination includes integration of prelimi- employee who has left to enter the Armed Forces SEC. 531. No funds appropriated or otherwise nary engineering and design, a simplified meth- of the United States and has satisfactorily com- made available under this Act shall be made od for allocating project costs among eligible pleted his period of active military or naval available to any person or entity that has been FTA and FHWA funding sources, and a unified service, and has within 90 days after his release convicted of violating the Buy American Act (41 accounting and audit process. from such service or from hospitalization con- U.S.C. 10a–10c). ‘‘(b) GOVERNMENTAL FUNDING.—For purposes tinuing after discharge for a period of not more SEC. 532. Notwithstanding any other provision of determining and allocating the nongovern- than 1 year, made application for restoration to of law, any bridge that is owned and operated mental and governmental share of costs, the fol- his former position and has been certified by the by a state agency (1) whose toll revenues are ad- lowing projects comprise a related program of Office of Personnel Management as still quali- ministered by a Metropolitan Planning Organi- projects: regional commuter rail, the TRAX light fied to perform the duties of his former position zation (MPO), and (2) whose toll revenues pro- rail system, TRAX extensions to the Medical and has not been restored thereto. vide for subsidizing of non-capital transpor- Center and to the Gateway Intermodal Center, SEC. 524. No funds appropriated pursuant to tation costs, shall be eligible for assistance and the northern segment of I–15 reconstruc- this Act may be expended by an entity unless under this section but the amount of toll reve- tion. The governmental share of project costs the entity agrees that in expending the assist- nues expended for non-capital transportation appropriated from the Section 5309 New Start ance the entity will comply with sections 2 costs shall in no event exceed the cumulative program shall conform to the share specified in through 4 of the Act of March 3, 1933 (41 U.S.C. amount of local toll revenues used for federal the extension or reauthorization of TEA21.’’. 10a–10c, popularly known as the ‘‘Buy America interstate and federal-aid highway construction SEC. 537. Funds apportioned to the Charleston Act’’). and improvement projects in the toll bridge cor- Area Regional Transportation Authority to SEC. 525. (a) PURCHASE OF AMERICAN-MADE ridors. Before authorizing an expenditure of carry out section 5307 of title 49, United States EQUIPMENT AND PRODUCTS.—In the case of any funds under this subsection, the Secretary shall Code, may be used to lease land, equipment, or equipment or products that may be authorized determine that the cumulative amount of toll facilities used in public transportation from an- to be purchased with financial assistance pro- revenues used for construction and improvement other governmental authority in the same geo- vided under this Act, it is the sense of the Con- to the federal interstate and federal-aid high- graphic area: Provided, That the non-Federal gress that entities receiving such assistance way system is greater than the cumulative share under section 5307 may include revenues should, in expending the assistance, purchase amount of toll revenue used for non-capital from the sale of advertising and concessions: only American-made equipment and products. transportation projects not directly related to Provided further, That this provision shall re- (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In the on-going operation and maintenance of the main in effect until September 30, 2004, or until providing financial assistance under this Act, toll bridges. the Federal interest in the land, equipment or the Secretary of the Treasury shall provide to SEC. 533. Notwithstanding any other provision facilities leased reaches 80 percent of its fair each recipient of the assistance a notice describ- of this Act, amounts appropriated or limited in market value at disposition, whichever occurs ing the statement made in subsection (a) by the this Act are hereby reduced by $128,076,000. first. Congress. Such reductions shall— SEC. 538. Notwithstanding any other provision SEC. 526. If it has been finally determined by (1) be administered by the Director, Office of of law, funds designated to the Pennsylvania a court or Federal agency that any person in- Management and Budget; Cumberland/Dauphin County Corridor I project tentionally affixed a label bearing a ‘‘Made in (2) be assessed by the Director within 30 days in committee reports accompanying this Act may America’’ inscription, or any inscription with of enactment of this Act; be available to the recipient for any project ac- the same meaning, to any product sold in or (3) be derived solely from funds appropriated tivities authorized under sections 5307 and 5309 shipped to the United States that is not made in or limited for activities under: of title 49, United States Code. the United States, such person shall be ineligible (A) Object Class 21.0—Travel and Transpor- SEC. 539. None of the funds appropriated or to receive any contract or subcontract made tation of Persons, with the exception of funds made available under this Act or any other ap- with funds provided pursuant to this Act, pur- provided for the travel of safety inspectors with- propriations Act may be used to implement the suant to the debarment, suspension, and ineligi- in the Department of Transportation and en- proposed regulations of the Office of Personnel bility procedures described in sections 9.400 forcement personnel within the Department of Management to add sections 300.311 through through 9.409 of title 48, Code of Federal Regu- the Treasury; 300.316 to part 300 of title 5 of the Code of Fed- lations. (B) Object Class 22.0—Transportation of eral Regulations, published in the Federal Reg- SEC. 527. Except as otherwise specifically pro- Things; ister, volume 68, number 174, on September 9, vided by law, not to exceed 50 percent of unobli- (C) Object Class 23.3—Communications, Utili- 2003 (relating to the detail of executive branch gated balances remaining available at the end of ties, and Miscellaneous Charges, with the excep- employees to the legislative branch). If such pro- fiscal year 2004 from appropriations made avail- tion of the telecommunication costs associated posed regulations are final regulations on the able for salaries and expenses for fiscal year with the FAA air traffic control system and the date of enactment of this Act, none of the funds 2004 in this Act, shall remain available through Internal Revenue Service; appropriated or made available under this Act September 30, 2005, for each such account for (D) Object Class 24.0—Printing and Reproduc- may be used to implement, administer, or en- the purposes authorized: Provided, That a re- tion, with the exception of such expenses within force such final regulations. quest shall be submitted to the Committees on the Internal Revenue Service; SEC. 540. JACKSON HOLE, WYOMING RADAR Appropriations for approval prior to the expend- (E) Object Class 25.1—Advisory and Assist- UNIT. Priority consideration shall be given to iture of such funds: Provided further, That ance Services; the Jackson Hole, Wyoming, Airport for an these requests shall be made in compliance with (F) Object Class 26.0—Supplies and Materials, ASR–11 radar unit or provisions shall be made reprogramming guidelines. with the exception of such expenses in the for the acquisition or transfer of a comparable SEC. 528. None of the funds made available in United States Mint; radar unit. this Act may be used by the Executive Office of (G) Object Class 31.0—Equipment, with the ex- SEC. 541. Within the funds provided for the the President to request from the Federal Bu- ception of such expenses under the Internal Federal Aviation Administration’s Facilities and reau of Investigation any official background Revenue Service and the FAA Facilities and Equipment account, no less than $14,000,000 investigation report on any individual, except Equipment account. shall be available for the Technical Center Fa- when— (4) be assessed by the Director on a pro-rata cilities in New Jersey. (1) such individual has given his or her ex- basis against all agencies funded in this Act SEC. 542. To the extent that funds provided by press written consent for such request not more with adjustments necessitated by the exceptions the Congress for the Memphis Medical Center than 6 months prior to the date of such request cited under subsection (3); and light rail extension project through the Section and during the same presidential administra- (5) not be assessed against the Department of 5309 ‘‘new fixed guideway systems’’ program re- tion; or Transportation’s Working Capital Fund. main available upon the closeout of the project,

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.035 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13313 Federal Transit Administration is directed to TITLE VI—GENERAL PROVISIONS be in addition to, and not in substitution for, permit the Memphis Area Transit Authority to DEPARTMENTS, AGENCIES, AND CORPORATIONS any other provisions of existing law: Provided use all of those funds for planning, engineering, further, That any payment made to any officer SEC. 601. Funds appropriated in this or any design, construction or acquisition projects per- other Act may be used to pay travel to the or employee contrary to the provisions of this section shall be recoverable in action by the taining to the Memphis Regional Rail Plan. United States for the immediate family of em- Federal Government. This section shall not Such funds shall remain available until ex- ployees serving abroad in cases of death or life apply to citizens of Ireland, Israel, or the Re- pended. threatening illness of said employee. public of the Philippines, or to nationals of SEC. 543. Section 30303(d)(3) of the Transpor- SEC. 602. No department, agency, or instru- those countries allied with the United States in tation Equity Act for the 21st Century (Public mentality of the United States receiving appro- a current defense effort, or to international Law 105–178) is amended by inserting at the priated funds under this or any other Act for broadcasters employed by the United States In- end: fiscal year 2004 shall obligate or expend any formation Agency, or to temporary employment ‘‘(D) Memphis-Shelby International Airport such funds, unless such department, agency, or of translators, or to temporary employment in intermodal facility.’’. instrumentality has in place, and will continue the field service (not to exceed 60 days) as a re- SEC. 544. Within available funds provided for to administer in good faith, a written policy de- sult of emergencies. ‘‘Facilities and equipment’’, $1,500,000 shall be signed to ensure that all of its workplaces are SEC. 606. Appropriations available to any de- provided for a precision instrument approach free from the illegal use, possession, or distribu- partment or agency during the current fiscal landing system (ILS) at Lee Gilmer Memorial tion of controlled substances (as defined in the year for necessary expenses, including mainte- Airport, Gainesville, Georgia. Controlled Substances Act) by the officers and nance or operating expenses, shall also be avail- SEC. 545. (a) None of the funds appropriated employees of such department, agency, or in- able for payment to the General Services Admin- by this Act may be used for converting to con- strumentality. istration for charges for space and services and tractor performance an activity or function of SEC. 603. Unless otherwise specifically pro- those expenses of renovation and alteration of an executive agency that, on or after the date of vided, the maximum amount allowable during buildings and facilities which constitute public the enactment of this Act, is performed by exec- the current fiscal year in accordance with sec- improvements performed in accordance with the utive agency employees unless the conversion is tion 16 of the Act of August 2, 1946 (60 Stat. Public Buildings Act of 1959 (73 Stat. 749), the based on the results of a public-private competi- 810), for the purchase of any passenger motor Public Buildings Amendments of 1972 (87 Stat. tion process that requires a determination re- vehicle (exclusive of buses, ambulances, law en- 216), or other applicable law. garding whether, overall performance periods forcement, and undercover surveillance vehi- SEC. 607. In addition to funds provided in this stated in the solicitation of offers for perform- cles), is hereby fixed at $8,100 except station or any other Act, all Federal agencies are au- ance of the activity or function, the cost of per- wagons for which the maximum shall be $9,100: thorized to receive and use funds resulting from formance of the activity or function by a con- Provided, That these limits may be exceeded by the sale of materials, including Federal records tractor would be less costly to the executive not to exceed $3,700 for police-type vehicles, and disposed of pursuant to a records schedule re- agency by an amount that equals or exceeds the by not to exceed $4,000 for special heavy-duty covered through recycling or waste prevention lesser of (1) 10 percent of the cost of performing vehicles: Provided further, That the limits set programs. Such funds shall be available until the activity with government personnel or, if a forth in this section may not be exceeded by expended for the following purposes: more efficient organization has been developed, more than 5 percent for electric or hybrid vehi- (1) Acquisition, waste reduction and preven- 10 percent of the most efficient organization’s cles purchased for demonstration under the pro- tion, and recycling programs as described in Ex- personnel-related costs for performance of that visions of the Electric and Hybrid Vehicle Re- ecutive Order No. 13101 (September 14, 1998), in- activity or function by Federal employees, or (2) search, Development, and Demonstration Act of cluding any such programs adopted prior to the $10,000,000. 1976: Provided further, That the limits set forth effective date of the Executive order. (b) With respect to the use of any funds ap- in this section may be exceeded by the incre- (2) Other Federal agency environmental man- propriated by this Act for the Department of De- mental cost of clean alternative fuels vehicles agement programs, including, but not limited to, fense— acquired pursuant to Public Law 101–549 over the development and implementation of hazardous waste management and pollution pre- (1) subsections (a), (b), and (c) of section 2461 the cost of comparable conventionally fueled ve- vention programs. of title 10, United States Code, do not apply hicles. SEC. 604. Appropriations of the executive de- (3) Other employee programs as authorized by with respect to the performance of a commercial law or as deemed appropriate by the head of the or industrial type activity or function that— partments and independent establishments for the current fiscal year available for expenses of Federal agency. (A) is on the procurement list established SEC. 608. Funds made available by this or any under section 2 of the Javits-Wagner-O’Day Act travel, or for the expenses of the activity concerned, are hereby made available for quarters other Act for administrative expenses in the cur- (41 U.S.C. 47); or rent fiscal year of the corporations and agencies allowances and cost-of-living allowances, in ac- (B) is planned to be converted to performance subject to chapter 91 of title 31, United States cordance with 5 U.S.C. 5922–5924. by— Code, shall be available, in addition to objects SEC. 605. Unless otherwise specified during the (i) a qualified nonprofit agency for the blind current fiscal year, no part of any appropria- for which such funds are otherwise available, for rent in the District of Columbia; services in or a qualified nonprofit agency for other se- tion contained in this or any other Act shall be accordance with 5 U.S.C. 3109; and the objects verely handicapped (as such terms are defined used to pay the compensation of any officer or specified under this head, all the provisions of in section 5 of such Act (41 U.S.C. 48b); or employee of the Government of the United which shall be applicable to the expenditure of (ii) a commercial business at least 51 percent States (including any agency the majority of the such funds unless otherwise specified in the Act of which is owned by an Indian tribe (as defined stock of which is owned by the Government of by which they are made available: Provided, in section 4(e) of the Indian Self-Determination the United States) whose post of duty is in the That in the event any functions budgeted as ad- and Education Assistance Act (25 U.S.C. continental United States unless such person: ministrative expenses are subsequently trans- 450b(e))) or a Native Hawaiian Organization (as (1) is a citizen of the United States; (2) is a per- ferred to or paid from other funds, the limita- defined in section 8(a)(15) of the Small Business son in the service of the United States on the tions on administrative expenses shall be cor- Act (15 U.S.C. 637(a)(15))). date of the enactment of this Act who, being eli- (2) Nothing in this section shall effect depot respondingly reduced. gible for citizenship, has filed a declaration of SEC. 609. No part of any appropriation for the contracts or contracts for depot maintenance as intention to become a citizen of the United provided in sections 2469 and 2474 of title 10, current fiscal year contained in this or any States prior to such date and is actually resid- other Act shall be paid to any person for the United States Code. ing in the United States; (3) is a person who filling of any position for which he or she has (3) The conversion of any activity or function owes allegiance to the United States; (4) is an been nominated after the Senate has voted not of an executive agency in accordance with this alien from Cuba, Poland, South Vietnam, the to approve the nomination of said person. section shall be credited toward any competitive countries of the former Soviet Union, or the Bal- SEC. 610. No part of any appropriation con- or outsourcing goal, target or measurement that tic countries lawfully admitted to the United tained in this or any other Act shall be available may be established by statute, regulation or pol- States for permanent residence; (5) is a South for interagency financing of boards (except Fed- icy and shall be deemed to be awarded under Vietnamese, Cambodian, or Laotian refugee pa- eral Executive Boards), commissions, councils, the authority of and in compliance with section roled in the United States after January 1, 1975; committees, or similar groups (whether or not 303 of the Federal Property and Administrative or (6) is a national of the People’s Republic of they are interagency entities) which do not have Services Act of 1949 (41 U.S.C. 253) or section China who qualifies for adjustment of status a prior and specific statutory approval to re- 2304 of title 10, United States Code, as the case pursuant to the Chinese Student Protection Act ceive financial support from more than one may be, for the competition or outsourcing of of 1992: Provided, That for the purpose of this agency or instrumentality. commercial activities. section, an affidavit signed by any such person SEC. 611. Funds made available by this or any (c) In this section, the term ‘‘executive agen- shall be considered prima facie evidence that the other Act to the Postal Service Fund (39 U.S.C. cy’’ has the meaning given such term in section requirements of this section with respect to his 2003) shall be available for employment of 4 of the Office of Federal Procurement Policy or her status have been complied with: Provided guards for all buildings and areas owned or oc- Act (41 U.S.C. 403). further, That any person making a false affi- cupied by the Postal Service and under the (d) Nothing in this section shall be construed davit shall be guilty of a felony, and, upon con- charge and control of the Postal Service, and to effect, amend, or repeal section 8014 of the viction, shall be fined no more than $4,000 or im- such guards shall have, with respect to such Defense Appropriations Act, 2004 (Public Law prisoned for not more than 1 year, or both: Pro- property, the powers of special policemen pro- 108–87). vided further, That the above penal clause shall vided by the first section of the Act of June 1,

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.035 S27PT1 S13314 CONGRESSIONAL RECORD — SENATE October 27, 2003 1948, as amended (62 Stat. 281; 40 U.S.C. 318), of the rate that would be payable were this sec- (1) prohibits or prevents, or attempts or and, as to property owned or occupied by the tion not in effect. threatens to prohibit or prevent, any other offi- Postal Service, the Postmaster General may take (h) The Office of Personnel Management may cer or employee of the Federal Government from the same actions as the Administrator of Gen- provide for exceptions to the limitations imposed having any direct oral or written communica- eral Services may take under the provisions of by this section if the Office determines that such tion or contact with any Member, committee, or sections 2 and 3 of the Act of June 1, 1948, as exceptions are necessary to ensure the recruit- subcommittee of the Congress in connection with amended (62 Stat. 281; 40 U.S.C. 318a and 318b), ment or retention of qualified employees. any matter pertaining to the employment of attaching thereto penal consequences under the SEC. 614. During the period in which the head such other officer or employee or pertaining to authority and within the limits provided in sec- of any department or agency, or any other offi- the department or agency of such other officer tion 4 of the Act of June 1, 1948, as amended (62 cer or civilian employee of the Government ap- or employee in any way, irrespective of whether Stat. 281; 40 U.S.C. 318c). pointed by the President of the United States, such communication or contact is at the initia- SEC. 612. None of the funds made available holds office, no funds may be obligated or ex- tive of such other officer or employee or in re- pursuant to the provisions of this Act shall be pended in excess of $5,000 to furnish or redeco- sponse to the request or inquiry of such Member, used to implement, administer, or enforce any rate the office of such department head, agency committee, or subcommittee; or regulation which has been disapproved pursu- head, officer, or employee, or to purchase fur- (2) removes, suspends from duty without pay, ant to a resolution of disapproval duly adopted niture or make improvements for any such of- demotes, reduces in rank, seniority, status, pay, in accordance with the applicable law of the fice, unless advance notice of such furnishing or or performance of efficiency rating, denies pro- United States. redecoration is expressly approved by the Com- motion to, relocates, reassigns, transfers, dis- SEC. 613. (a) Notwithstanding any other provi- mittees on Appropriations. For the purposes of ciplines, or discriminates in regard to any em- sion of law, and except as otherwise provided in this section, the term ‘‘office’’ shall include the ployment right, entitlement, or benefit, or any this section, no part of any of the funds appro- entire suite of offices assigned to the individual, term or condition of employment of, any other priated for fiscal year 2004, by this or any other as well as any other space used primarily by the officer or employee of the Federal Government, Act, may be used to pay any prevailing rate em- individual or the use of which is directly con- or attempts or threatens to commit any of the ployee described in section 5342(a)(2)(A) of title trolled by the individual. foregoing actions with respect to such other offi- 5, United States Code— SEC. 615. Notwithstanding section 1346 of title cer or employee, by reason of any communica- (1) during the period from the date of expira- 31, United States Code, or section 610 of this tion or contact of such other officer or employee tion of the limitation imposed by the comparable Act, funds made available for the current fiscal with any Member, committee, or subcommittee of section for previous fiscal years until the normal year by this or any other Act shall be available the Congress as described in paragraph (1). effective date of the applicable wage survey ad- for the interagency funding of national security SEC. 619. (a) None of the funds made available justment that is to take effect in fiscal year 2004, and emergency preparedness telecommuni- in this or any other Act may be obligated or ex- in an amount that exceeds the rate payable for cations initiatives which benefit multiple Fed- pended for any employee training that— the applicable grade and step of the applicable eral departments, agencies, or entities, as pro- (1) does not meet identified needs for knowl- wage schedule in accordance with such section; vided by Executive Order No. 12472 (April 3, edge, skills, and abilities bearing directly upon and 1984). the performance of official duties; (2) during the period consisting of the remain- SEC. 616. (a) None of the funds appropriated (2) contains elements likely to induce high lev- der of fiscal year 2004, in an amount that ex- by this or any other Act may be obligated or ex- els of emotional response or psychological stress ceeds, as a result of a wage survey adjustment, pended by any Federal department, agency, or in some participants; the rate payable under paragraph (1) by more other instrumentality for the salaries or ex- (3) does not require prior employee notifica- than the sum of— penses of any employee appointed to a position tion of the content and methods to be used in (A) the percentage adjustment taking effect in of a confidential or policy-determining char- the training and written end of course evalua- fiscal year 2004 under section 5303 of title 5, acter excepted from the competitive service pur- tion; United States Code, in the rates of pay under suant to section 3302 of title 5, United States (4) contains any methods or content associ- the General Schedule; and Code, without a certification to the Office of ated with religious or quasi-religious belief sys- (B) the difference between the overall average Personnel Management from the head of the tems or ‘‘new age’’ belief systems as defined in percentage of the locality-based comparability Federal department, agency, or other instru- Equal Employment Opportunity Commission No- payments taking effect in fiscal year 2004 under mentality employing the Schedule C appointee tice N–915.022, dated September 2, 1988; or section 5304 of such title (whether by adjustment that the Schedule C position was not created (5) is offensive to, or designed to change, par- or otherwise), and the overall average percent- solely or primarily in order to detail the em- ticipants’ personal values or lifestyle outside the age of such payments which was effective in the ployee to the White House. workplace. previous fiscal year under such section. (b) The provisions of this section shall not (b) Nothing in this section shall prohibit, re- (b) Notwithstanding any other provision of apply to Federal employees or members of the strict, or otherwise preclude an agency from law, no prevailing rate employee described in armed services detailed to or from— conducting training bearing directly upon the subparagraph (B) or (C) of section 5342(a)(2) of (1) the Central Intelligence Agency; performance of official duties. title 5, United States Code, and no employee (2) the National Security Agency; SEC. 620. No funds appropriated in this or any covered by section 5348 of such title, may be (3) the Defense Intelligence Agency; other Act may be used to implement or enforce paid during the periods for which subsection (a) (4) the offices within the Department of De- the agreements in Standard Forms 312 and 4414 is in effect at a rate that exceeds the rates that fense for the collection of specialized national of the Government or any other nondisclosure would be payable under subsection (a) were sub- foreign intelligence through reconnaissance pro- policy, form, or agreement if such policy, form, section (a) applicable to such employee. grams; or agreement does not contain the following pro- (c) For the purposes of this section, the rates (5) the Bureau of Intelligence and Research of visions: ‘‘These restrictions are consistent with payable to an employee who is covered by this the Department of State; and do not supersede, conflict with, or other- section and who is paid from a schedule not in (6) any agency, office, or unit of the Army, wise alter the employee obligations, rights, or li- existence on September 30, 2003, shall be deter- Navy, Air Force, and Marine Corps, the Depart- abilities created by Executive Order No. 12958; mined under regulations prescribed by the Of- ment of Homeland Security, the Federal Bureau section 7211 of title 5, United States Code (gov- fice of Personnel Management. of Investigation and the Drug Enforcement Ad- erning disclosures to Congress); section 1034 of (d) Notwithstanding any other provision of ministration of the Department of Justice, the title 10, United States Code, as amended by the law, rates of premium pay for employees subject Department of Transportation, the Department Military Whistleblower Protection Act (gov- to this section may not be changed from the of the Treasury, and the Department of Energy erning disclosure to Congress by members of the rates in effect on September 30, 2003, except to performing intelligence functions; and military); section 2302(b)(8) of title 5, United the extent determined by the Office of Personnel (7) the Director of Central Intelligence. States Code, as amended by the Whistleblower Management to be consistent with the purpose SEC. 617. No department, agency, or instru- Protection Act (governing disclosures of ille- of this section. mentality of the United States receiving appro- gality, waste, fraud, abuse or public health or (e) This section shall apply with respect to priated funds under this or any other Act for safety threats); the Intelligence Identities Pro- pay for service performed after September 30, the current fiscal year shall obligate or expend tection Act of 1982 (50 U.S.C. 421 et seq.) (gov- 2003. any such funds, unless such department, agen- erning disclosures that could expose confidential (f) For the purpose of administering any pro- cy, or instrumentality has in place, and will Government agents); and the statutes which vision of law (including any rule or regulation continue to administer in good faith, a written protect against disclosure that may compromise that provides premium pay, retirement, life in- policy designed to ensure that all of its work- the national security, including sections 641, surance, or any other employee benefit) that replaces are free from discrimination and sexual 793, 794, 798, and 952 of title 18, United States quires any deduction or contribution, or that harassment and that all of its workplaces are Code, and section 4(b) of the Subversive Activi- imposes any requirement or limitation on the not in violation of title VII of the Civil Rights ties Act of 1950 (50 U.S.C. 783(b)). The defini- basis of a rate of salary or basic pay, the rate Act of 1964, as amended, the Age Discrimination tions, requirements, obligations, rights, sanc- of salary or basic pay payable after the applica- in Employment Act of 1967, and the Rehabilita- tions, and liabilities created by said Executive tion of this section shall be treated as the rate tion Act of 1973. order and listed statutes are incorporated into of salary or basic pay. SEC. 618. No part of any appropriation con- this agreement and are controlling.’’: Provided, (g) Nothing in this section shall be considered tained in this or any other Act shall be available That notwithstanding the preceding paragraph, to permit or require the payment to any em- for the payment of the salary of any officer or a nondisclosure policy form or agreement that is ployee covered by this section at a rate in excess employee of the Federal Government, who— to be executed by a person connected with the

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.035 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13315 conduct of an intelligence or intelligence-related nancial, information technology, procurement, tion of any personally identifiable information activity, other than an employee or officer of and other management innovations, initiatives, relating to an individual’s access to or use of the United States Government, may contain pro- and activities, as approved by the Director of any nongovernmental Internet site. visions appropriate to the particular activity for the Office of Management and Budget, in con- (b) EXCEPTIONS.—The limitations established which such document is to be used. Such form sultation with the appropriate interagency in subsection (a) shall not apply to— or agreement shall, at a minimum, require that groups designated by the Director (including the (1) any record of aggregate data that does not the person will not disclose any classified infor- Chief Financial Officers Council and the Joint identify particular persons; mation received in the course of such activity Financial Management Improvement Program (2) any voluntary submission of personally unless specifically authorized to do so by the for financial management initiatives, the Chief identifiable information; United States Government. Such nondisclosure Information Officers Council for information (3) any action taken for law enforcement, reg- forms shall also make it clear that they do not technology initiatives, and the Procurement Ex- ulatory, or supervisory purposes, in accordance bar disclosures to Congress or to an authorized ecutives Council for procurement initiatives). with applicable law; or (4) any action described in subsection (a)(1) official of an executive agency or the Depart- The total funds transferred or reimbursed shall that is a system security action taken by the opment of Justice that are essential to reporting a not exceed $12,250,000. Such transfers or reim- erator of an Internet site and is necessarily inci- substantial violation of law. bursements may only be made 15 days following dent to the rendition of the Internet site services SEC. 621. No part of any funds appropriated notification of the Committees on Appropria- or to the protection of the rights or property of in this or any other Act shall be used by an tions by the Director of the Office of Manage- the provider of the Internet site. agency of the executive branch, other than for ment and Budget. (c) DEFINITIONS.—For the purposes of this sec- normal and recognized executive-legislative rela- SEC. 628. None of the funds made available in tion: tionships, for publicity or propaganda purposes, this or any other Act may be used by the Office (1) The term ‘‘regulatory’’ means agency ac- and for the preparation, distribution or use of of Personnel Management or any other depart- tions to implement, interpret or enforce authori- any kit, pamphlet, booklet, publication, radio, ment or agency of the Federal Government to ties provided in law. television or film presentation designed to sup- (a) operate an online employment information (2) The term ‘‘supervisory’’ means examina- port or defeat legislation pending before the service for the Federal Government under any tions of the agency’s supervised institutions, in- Congress, except in presentation to the Congress contract awarded under the request for cluding assessing safety and soundness, overall itself. quotations number SOLO30000003 issued by the financial condition, management practices and SEC. 622. None of the funds appropriated by Office of Personnel Management unless the Of- policies and compliance with applicable stand- this or any other Act may be used by an agency fice of Personnel Management complies with the ards as provided in law. to provide a Federal employee’s home address to recommendations of the Comptroller General in SEC. 634. (a) None of the funds appropriated any labor organization except when the em- the General Accounting Office decision of April by this Act may be used to enter into or renew ployee has authorized such disclosure or when 29, 2003, referred to as Symplicity Corporation, a contract which includes a provision providing such disclosure has been ordered by a court of B–291902; or (b) prohibit any agency from using prescription drug coverage, except where the competent jurisdiction. appropriated funds as they see fit to independ- contract also includes a provision for contracep- EC. 623. None of the funds made available in S ently contract with private companies to provide tive coverage. this Act or any other Act may be used to provide online employment applications and processing (b) Nothing in this section shall apply to a any non-public information such as mailing or services. contract with— telephone lists to any person or any organiza- SEC. 629. Notwithstanding any other provision (1) any of the following religious plans: tion outside of the Federal Government without of law, a woman may breastfeed her child at (A) Personal Care’s HMO; and the approval of the Committees on Appropria- any location in a Federal building or on Federal (B) OSF Health Plans, Inc.; and tions. property, if the woman and her child are other- (2) any existing or future plan, if the carrier SEC. 624. No part of any appropriation con- wise authorized to be present at the location. for the plan objects to such coverage on the tained in this or any other Act shall be used for SEC. 630. Nothwithstanding section 1346 of basis of religious beliefs. publicity or propaganda purposes within the title 31, United States Code, or section 610 of (c) In implementing this section, any plan United States not heretofore authorized by the this Act, funds made available for the current that enters into or renews a contract under this Congress. fiscal year by this or any other Act shall be section may not subject any individual to dis- SEC. 625. (a) In this section the term ‘‘agen- available for the interagency funding of specific crimination on the basis that the individual re- cy’’— projects, workshops, studies, and similar efforts fuses to prescribe or otherwise provide for con- (1) means an Executive agency as defined to carry out the purposes of the National traceptives because such activities would be con- under section 105 of title 5, United States Code; Science and Technology Council (authorized by trary to the individual’s religious beliefs or (2) includes a military department as defined Executive Order No. 12881), which benefit mul- moral convictions. under section 102 of such title, the Postal Serv- tiple Federal departments, agencies, or entities: (d) Nothing in this section shall be construed ice, and the Postal Rate Commission; and Provided, That the Office of Management and to require coverage of abortion or abortion-re- (3) shall not include the General Accounting Budget shall provide a report describing the lated services. Office. budget of and resources connected with the Na- SEC. 635. The Congress of the United States (b) Unless authorized in accordance with law tional Science and Technology Council to the recognizes the United States Anti-Doping Agen- or regulations to use such time for other pur- Committees on Appropriations, the House Com- cy (USADA) as the official anti-doping agency poses, an employee of an agency shall use offi- mittee on Science; and the Senate Committee on for Olympic, Pan American, and Paralympic cial time in an honest effort to perform official Commerce, Science, and Transportation 90 days sport in the United States. duties. An employee not under a leave system, after enactment of this Act. SEC. 636. (a) The adjustment in rates of basic including a Presidential appointee exempted SEC. 631. Any request for proposals, solicita- pay for employees under the statutory pay sys- under section 6301(2) of title 5, United States tion, grant application, form, notification, press tems that takes effect in fiscal year 2004 under Code, has an obligation to expend an honest ef- release, or other publications involving the dis- sections 5303 and 5304 of title 5, United States fort and a reasonable proportion of such em- tribution of Federal funds shall indicate the Code, shall be an increase of 4.1 percent, and ployee’s time in the performance of official du- agency providing the funds, the Catalog of Fed- this adjustment shall apply to civilian employ- ties. eral Domestic Assistance Number, as applicable, ees in the Department of Defense and the De- SEC. 626. Notwithstanding 31 U.S.C. 1346 and and the amount provided. This provision shall partment of Homeland Security and such ad- section 610 of this Act, funds made available for apply to direct payments, formula funds, and justments shall be effective as of the first day of the current fiscal year by this or any other Act grants received by a State receiving Federal the first applicable pay period beginning on or to any department or agency, which is a member funds. after January 1, 2004. of the Joint Financial Management Improve- SEC. 632. Subsection (f) of section 403 of Public (b) Notwithstanding section 713 of this Act, ment Program (JFMIP), shall be available to fi- Law 103–356 (31 U.S.C. 501 note) is amended by the adjustment in rates of basic pay for the stat- nance an appropriate share of JFMIP adminis- striking ‘‘October 1, 2003’’ and inserting ‘‘Octo- utory pay systems that take place in fiscal year trative costs, as determined by the JFMIP, but ber 1, 2004’’. 2004 under sections 5344 and 5348 of title 5, not to exceed a total of $800,000 including the SEC. 633. (a) PROHIBITION OF FEDERAL AGEN- United States Code, shall be no less than the salary of the Executive Director and staff sup- CY MONITORING OF PERSONAL INFORMATION ON percentage in paragraph (a) as employees in the port. USE OF INTERNET.—None of the funds made same location whose rates of basic pay are ad- SEC. 627. Notwithstanding 31 U.S.C. 1346 and available in this or any other Act may be used justed pursuant to the statutory pay systems section 610 of this Act, the head of each Execu- by any Federal agency— under section 5303 and 5304 of title 5, United tive department and agency is hereby author- (1) to collect, review, or create any aggregate States Code. Prevailing rate employees at loca- ized to transfer to or reimburse the ‘‘Policy and list, derived from any means, that includes the tions where there are no employees whose pay is Citizen Services’’ account, General Services Ad- collection of any personally identifiable infor- increased pursuant to sections 5303 and 5304 of ministration, with the approval of the Director mation relating to an individual’s access to or title 5 and prevailing rate employees described of the Office of Management and Budget, funds use of any Federal Government Internet site of in section 5343(a)(5) of title 5 shall be considered made available for the current fiscal year by the agency; or to be located in the pay locality designated as this or any other Act, including rebates from (2) to enter into any agreement with a third ‘‘Rest of US’’ pursuant to section 5304 of title 5 charge card and other contracts. These funds party (including another government agency) to for purposes of this paragraph. shall be administered by the Administrator of collect, review, or obtain any aggregate list, de- (c) Funds used to carry out this section shall General Services to support Government-wide fi- rived from any means, that includes the collec- be paid from appropriations, which are made to

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.036 S27PT1 S13316 CONGRESSIONAL RECORD — SENATE October 27, 2003 each applicable department or agency for sala- (2) the total agency cost required to carry out Office of Management and Budget Circular A– ries and expenses for fiscal year 2004. its competitive sourcing program; 76 or any related policy, directive, or regulation) SEC. 637. Not later than 6 months after the (3) the costs attributable to paying outside the performance of an activity or function of the date of enactment of this Act, the Inspector consultants and contractors to carry out the executive agency that has previously been sub- General of each applicable department or agen- agency’s competitive sourcing program; jected to a public-private competition under cy shall submit to the Committee on Appropria- (4) the costs attributable to paying agency such circular. tions a report detailing what policies and proce- personnel to carry out its competitive sourcing (d) For the purposes of subchapter V of chap- dures are in place for each department or agen- program; and ter 35 of title 31, United States Code— cy to give first priority to the location of new of- (5) an estimate of the savings attributed as a (1) the person designated to represent employ- fices and other facilities in rural areas, as di- result of the agency competitive sourcing pro- ees of the Federal Government in a public-pri- rected by the Rural Development Act of 1972. gram. vate competition regarding the performance of SEC. 638. None of the funds made available SEC. 643. (a) None of the funds made available an executive agency activity or function under under this or any other Act for fiscal year 2004 in this Act may be used to administer or enforce Office of Management and Budget Circular A– shall be expended for the purchase of a product part 515 of title 31, Code of Federal Regulations 76— or service offered by Federal Prison Industries, (the Cuban Assets Control Regulations) with re- (A) shall be treated as an interested party on Inc. unless the agency making such purchase spect to any travel or travel-related transaction. behalf of such employees; and determines that such offered product or service (b) The limitation established in subsection (a) (B) may submit a protest with respect to such provides the best value to the buying agency shall not apply to the administration of general public-private competition on behalf of such em- pursuant to governmentwide procurement regu- or specific licenses for travel or travel-related ployees; and lations, issued pursuant to section 25(c)(1) of the transactions, shall not apply to section 515.204, (2) the Comptroller General shall dispose of Office of Federal Procurement Act (41 U.S.C. 515.206, 515.332, 515.536, 515.544, 515.547, such a protest in accordance with the policies 421(c)(1)) that impose procedures, standards, 515.560(c)(3), 515.569, 515.571, or 515.803 of such and procedures applicable to protests described and limitations of section 2410n of title 10, part 515, and shall not apply to transactions in in section 3551(1) of such title under the pro- United States Code. relation to any business travel covered by sec- curement protest system provided under such SEC. 639. Notwithstanding any other provision tion 515.560(g) of such part 515. subchapter. of law, funds appropriated for official travel by (c) This section shall take effect one day after (e) An activity or function of an executive Federal departments and agencies may be used date of enactment. agency that is converted to contractor perform- by such departments and agencies, if consistent SEC. 644. (a) Not later than December 31 of ance under Office of Management and Budget with Office of Management and Budget Circular each year, the head of each executive agency Circular A–76 may not be performed by the con- A–126 regarding official travel for Government shall submit to Congress (instead of the report tractor at a location outside the United States personnel, to participate in the fractional air- required by section 642) a report on the competi- except to the extent that such activity or func- craft ownership pilot program. tive sourcing activities on the list required under tion was previously been performed by Federal SEC. 640. Each Executive department and the Federal Activities Inventory Reform Act of Government employees outside the United agency shall evaluate the creditworthiness of an 1998 (Public Law 105-270; 31 U.S.C. 501 note) States. individual before issuing the individual a gov- that were performed for such executive agency (f) The process that applies to the selection of ernment purchase charge card or government during the previous fiscal year by Federal Gov- architects and engineers for meeting the require- travel charge card. The department or agency ernment sources. The report shall include— ments of an executive agency for architectural may not issue a government purchase charge (1) the total number of competitions com- and engineering services under chapter 11 of card or government travel charge card to an in- pleted; title 40, United States Code, shall apply to a dividual that either lacks a credit history or is (2) the total number of competitions an- public-private competition for the performance found to have an unsatisfactory credit history nounced, together with a list of the activities of architectural and engineering services for an as a result of this evaluation: Provided, That covered by such competitions; executive agency. this restriction shall not preclude issuance of a (3) the total number (expressed as a full-time (g) In this section, the term ‘‘executive agen- restricted-use charge, debit, or stored value card employee equivalent number) of the Federal em- cy’’ has the meaning given such term in section made in accordance with agency procedures to ployees studied under completed competitions; 4 of the Office of Federal Procurement Policy (a) an individual with an unsatisfactory credit (4) the total number (expressed as a full-time Act (41 U.S.C. 403). history where such card is used to pay travel ex- employee equivalent number) of the Federal em- SEC. 645. MOTORIST INFORMATION CONCERNING penses and the agency determines there is no ployees that are being studied under competi- PHARMACY SERVICES. (a) IN GENERAL.—Not later suitable alternative payment mechanism avail- tions announced but not completed; than 180 days after the date of enactment of this able before issuing the card, or (b) an individual (5) the incremental cost directly attributable Act, the Secretary of Transportation shall who lacks a credit history. Each Executive de- to conducting the competitions identified under amend the Manual on Uniform Traffic Control partment and agency shall establish guidelines paragraphs (1) and (2), including costs attrib- Devices to include a provision requiring that in- and procedures for disciplinary actions to be utable to paying outside consultants and con- formation be provided to motorists to assist mo- taken against agency personnel for improper, tractors; torists in locating licensed 24-hour pharmacy fraudulent, or abusive use of government charge (6) an estimate of the total anticipated sav- services open to the public. cards, which shall include appropriate discipli- ings, or a quantifiable description of improve- (b) LOGO PANEL.—The provision under sub- nary actions for use of charge cards for pur- ments in service or performance, derived from section (a) shall require placement of a logo poses, and at establishments, that are incon- completed competitions; panel that displays information disclosing the sistent with the official business of the Depart- (7) actual savings, or a quantifiable descrip- names or logos of pharmacies described in sub- ment or agency or with applicable standards of tion of improvements in service or performance, section (a) that are located within 3 miles of an conduct. Disciplinary actions may include, but derived from the implementation of competitions interchange on the Federal-aid system (as de- are not limited to, the review of the security completed after May 29, 2003; fined in section 101 of title 23, United States clearance of the individual involved and the (8) the total projected number (expressed as a Code). modification or revocation of such security full-time employee equivalent number) of the SEC. 646. (a) None of the funds appropriated clearance in light of the review. Federal employees that are to be covered by or otherwise made available by this Act may be SEC. 641. Notwithstanding any other provision competitions scheduled to be announced in the used to remove any area within a locality pay of law, no executive branch agency shall pur- fiscal year covered by the next report required area established under section 5304 of title 5, chase, construct, and/or lease any additional fa- under this section; and United States Code, from coverage under that cilities, except within or contiguous to existing (9) a general description of how the competi- locality pay area. locations, to be used for the purpose of con- tive sourcing decisionmaking processes of the ex- (b) Subsection (a) shall not apply to the Rest ducting Federal law enforcement training with- ecutive agency are aligned with the strategic of U.S. locality pay area. out the advance approval of the Committees on workforce plan of that executive agency. SEC. 647. Notwithstanding section 1346 of title Appropriations, except that the Federal Law (b) The head of an executive agency may not 31, United States Code, and section 610 of this Enforcement Training Center is authorized to be required, under Office of Management and Act, the head of each executive department and obtain the temporary use of additional facilities Budget Circular A–76 or any other policy, direc- agency shall transfer to or reimburse the Fed- by lease, contract, or other agreement for train- tive, or regulation, to conduct a follow-on pub- eral Aviation Administration, with the approval ing which cannot be accommodated in existing lic-private competition to a prior public-private of the Director of the Office of Management and Center facilities. competition conducted under such circular Budget, funds made available by this or any SEC. 642. Not later than December 31 of each within five years of the prior public-private other Act for the purposes described below, and year, the head of each agency shall submit to competition if the activity or function covered shall submit budget requests for such purposes. Congress a report on the competitive sourcing by the prior public-private competition was per- These funds shall be administered by the Fed- activities performed during the previous fiscal formed by Federal Government employees as a eral Aviation Administration as approved by the year by Federal Government sources that are on result of the prior public-private competition. Director of the Office of Management and the list required under the Federal Activities In- (c) Hereafter, the head of an executive agency Budget, in consultation with the appropriate ventory Reform Act of 1998 (Public Law 105–270; may expend funds appropriated or otherwise interagency groups designated by the Director 31 U.S.C. 501 note). The report shall include— made available for any purpose to the executive to ensure the operation of the Midway Atoll Air- (1) the number of full time equivalent Federal agency under this or any other Act to monitor field by the Federal Aviation Administration employees studied for competitive sourcing; (in the administration of responsibilities under pursuant to an operational agreement with the

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.036 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13317 Department of the Interior. The total funds that the promise to replace the lost infra- of the Federal Government to replace the in- transferred or reimbursed shall not exceed structure, particularly the hospital, still had frastructure destroyed by the Federal action; $6,000,000 and shall not be available for activi- not been kept. (6) the Committee on Indian Affairs of the ties other than the operation of the airfield. The SEC. 3. RURAL HEALTH CARE FACILITY, FORT Senate— Director of the Office of Management and BERTHOLD INDIAN RESERVATION, (A) acknowledged the recommendations of Budget shall notify the Committees on Appro- NORTH DAKOTA. the final report of the Committee in Senate priations of such transfers or reimbursements The Three Affiliated Tribes and Standing Report No. 102–250; and within 15 days of this Act. Such transfers or re- Rock Sioux Tribe Equitable Compensation (B) stated that every effort should be made imbursements shall begin within 30 days of en- Act is amended— by the Administration and Congress to pro- actment of this Act. (1) in section 3504 (106 Stat. 4732), by adding vide additional Federal funding to replace This Act may be cited as the ‘‘Transportation, at the end the following: the lost infrastructure; and Treasury, and General Government Appropria- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (7) on August 30, 2001, the Chairman of the tions Act, 2004’’. There are authorized to be appropriated such Three Affiliated Tribes testified before the sums as are necessary to carry out this sec- Committee on Indian Affairs of the Senate f tion.’’; and that the promise to replace the lost infra- THREE AFFILIATED TRIBES (2) by striking section 3511 (106 Stat. 4739) structure, particularly the hospital, still had and inserting the following: HEALTH FACILITY COMPENSA- not been kept. ø‘‘SEC. 3511. RURAL HEALTH CARE FACILITY, TION ACT SEC. 3. RURAL HEALTH CARE FACILITY, FORT FORT BERTHOLD INDIAN RESERVA- BERTHOLD INDIAN RESERVATION, Mr. MCCONNELL. Mr. President, I TION, NORTH DAKOTA. NORTH DAKOTA. ø ask unanimous consent that the Sen- ‘‘There is authorized to be appropriated to The Three Affiliated Tribes and Standing the Secretary of Health and Human Services Rock Sioux Tribe Equitable Compensation ate proceed to the immediate consider- for the construction of a rural health care fa- ation of Calendar No. 308, S. 1146. Act is amended— cility on the Fort Berthold Indian Reserva- (1) in section 3504 (106 Stat. 4732), by adding The PRESIDING OFFICER. The tion of the Three Affiliated Tribes, North at the end the following: ¿ clerk will report the bill by title. Dakota, $20,000,000.’’. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— The legislative clerk read as follows: ‘‘SEC. 3511. RURAL HEALTH CARE FACILITY, FORT There are authorized to be appropriated such A bill (S. 1146) to implement the rec- BERTHOLD INDIAN RESERVATION, sums as are necessary to carry out this sec- NORTH DAKOTA. ommendations of the Garrison Unit Tribal tion.’’; and ‘‘There are authorized to be appropriated to Advisory Committee by providing authoriza- (2) by striking section 3511 (106 Stat. 4739) the Secretary of Health and Human Services tion for the construction of a rural health and inserting the following: $20,000,000 for the construction of, and such care facility on the Fort Berthold Indian ‘‘SEC. 3511. RURAL HEALTH CARE FACILITY, FORT sums as are necessary for other expenses relat- Reservation, North Dakota. BERTHOLD INDIAN RESERVATION, ing to, a rural health care facility on the Fort NORTH DAKOTA. There being no objection, the Senate Berthold Indian Reservation of the Three Affili- ‘‘There are authorized to be appropriated proceeded to consider the bill which ated Tribes, North Dakota.’’. to the Secretary of Health and Human Serv- was reported from the Committee on Mr. MCCONNELL. Mr. President, I ices $20,000,000 for the construction of, and Indian Affairs with an amendment, as ask unanimous consent that the com- such sums as are necessary for other ex- follows: mittee amendment be agreed to. penses relating to, a rural health care facil- (Strike the part shown in black The PRESIDING OFFICER. Without ity on the Fort Berthold Indian Reservation brackets and insert the part shown in objection, it is so ordered. of the Three Affiliated Tribes, North Da- italic.) The committee amendment was kota.’’. S. 1146 agreed to. f Be it enacted by the Senate and House of Rep- Mr. MCCONNELL. Mr. President, I MENTALLY ILL OFFENDER TREAT- resentatives of the United States of America in ask unanimous consent that the bill, as MENT AND CRIME REDUCTION Congress assembled, amended, be read a third time and ACT OF 2003 SECTION 1. SHORT TITLE. passed, the motion to reconsider be Mr. MCCONNELL. Mr. President, I laid upon the table, and that any state- This Act may be cited as the ‘‘Three Affili- ask unanimous consent that the Sen- ated Tribes Health Facility Compensation ments relating to the bill be printed in ate proceed to immediate consider- Act’’. the RECORD. ation of Calendar No. 321, S. 1194. SEC. 2. FINDINGS. The PRESIDING OFFICER. Without Congress finds that— objection, it is so ordered. The PRESIDING OFFICER. The (1) in 1949, the United States assumed ju- The bill (S. 1146), as amended, was clerk will report the bill by title. risdiction over more than 150,000 prime acres read the third time and passed, as fol- The legislative clerk read as follows: on the Fort Berthold Indian Reservation, lows: A bill (S. 1194) to foster local collabora- North Dakota, for the construction of the tions which will ensure that resources are ef- S. 1146 Garrison Dam and Reservoir; fectively and efficiently used within the (2) the reservoir flooded and destroyed Be it enacted by the Senate and House of Rep- criminal and juvenile justice systems. resentatives of the United States of America in vital infrastructure on the reservation, in- There being no objection, the Senate cluding a hospital of the Indian Health Serv- Congress assembled, ice; SECTION 1. SHORT TITLE. proceeded to consider the bill, which (3) the United States made a commitment This Act may be cited as the ‘‘Three Affili- had been reported from the Committee to the Three Affiliated Tribes of the Fort ated Tribes Health Facility Compensation on the Judiciary with an amendment, Berthold Indian Reservation to replace the Act’’. as follows: lost infrastructure; SEC. 2. FINDINGS. [Strike the part in black brackets (4) on May 10, 1985, the Secretary of the In- Congress finds that— and insert the part in Italics.] terior established the Garrison Unit Joint (1) in 1949, the United States assumed ju- S. 1194 Tribal Advisory Committee to examine the risdiction over more than 150,000 prime acres effects of the Garrison Dam and Reservoir on on the Fort Berthold Indian Reservation, Be it enacted by the Senate and House of Rep- the Fort Berthold Indian Reservation; North Dakota, for the construction of the resentatives of the United States of America in (5) the final report of the Committee issued Garrison Dam and Reservoir; Congress assembled, on May 23, 1986, acknowledged the obligation (2) the reservoir flooded and destroyed øSECTION 1. SHORT TITLE. of the Federal Government to replace the in- vital infrastructure on the reservation, in- øThis Act may be cited as the ‘‘Mentally frastructure destroyed by the Federal action; cluding a hospital of the Indian Health Serv- Ill Offender Treatment and Crime Reduction (6) the Committee on Indian Affairs of the ice; Act of 2003’’. Senate— (3) the United States made a commitment øSEC. 2. FINDINGS. (A) acknowledged the recommendations of to the Three Affiliated Tribes of the Fort øCongress finds the following: the final report of the Committee in Senate Berthold Indian Reservation to replace the ø(1) According to the Bureau of Justice Report No. 102–250; and lost infrastructure; Statistics, over 16 percent of adults incarcer- (B) stated that every effort should be made (4) on May 10, 1985, the Secretary of the In- ated in United States jails and prisons have by the Administration and Congress to pro- terior established the Garrison Unit Joint a mental illness. vide additional Federal funding to replace Tribal Advisory Committee to examine the ø(2) According to the Office of Juvenile the lost infrastructure; and effects of the Garrison Dam and Reservoir on Justice and Delinquency Prevention, ap- (7) on August 30, 2001, the Chairman of the the Fort Berthold Indian Reservation; proximately 20 percent of youth in the juve- Three Affiliated Tribes testified before the (5) the final report of the Committee issued nile justice system have serious mental Committee on Indian Affairs of the Senate on May 23, 1986, acknowledged the obligation health problems, and a significant number

VerDate jul 14 2003 01:51 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.036 S27PT1 S13318 CONGRESSIONAL RECORD — SENATE October 27, 2003 have co-occurring mental health and sub- ø‘‘PART HH—ADULT AND JUVENILE court, local court, or a governmental agency stance abuse disorders. COLLABORATION PROGRAM GRANTS located within a city, county, township, ø (3) According to the National Alliance for ø‘‘SEC. 2991. ADULT AND JUVENILE COLLABORA- town, borough, parish, or village. the Mentally Ill, up to 40 percent of adults TION PROGRAMS. ø‘‘(b) PLANNING AND IMPLEMENTATION who suffer from a serious mental illness will ø‘‘(a) DEFINITIONS.—In this section, the fol- GRANTS.— come into contact with the American crimi- lowing definitions shall apply: ø‘‘(1) IN GENERAL.—The Attorney General, nal justice system at some point in their ø‘‘(1) APPLICANT.—The term ‘applicant’ in consultation with the Secretary, may lives. means States, units of local government, In- award nonrenewable grants to eligible appli- ø(4) According to the Office of Juvenile dian tribes, and tribal organizations that cants to prepare a comprehensive plan for Justice and Delinquency Prevention, over apply for a grant under this section. and implement an adult or juvenile collabo- 150,000 juveniles who come into contact with ø‘‘(2) COLLABORATION PROGRAM.—The term ration program, which targets adults or ju- the juvenile justice system each year meet ‘collaboration program’ means a program to veniles with mental illness or co-occurring the diagnostic criteria for at least 1 mental promote public safety by ensuring access to mental illness and substance abuse disorders or emotional disorder. adequate mental health and other treatment in order to promote public safety and public ø(5) A significant proportion of adults with services for mentally ill adults or juveniles health. a serious mental illness who are involved that is overseen cooperatively by— ø‘‘(2) PURPOSES.—Grants awarded under with the criminal justice system are home- ø‘‘(A) a criminal justice agency, a juvenile this section shall be used to create or ex- less or at imminent risk of homelessness; justice agency, or a mental health court; and pand— and many of these individuals are arrested ø‘‘(B) a mental health agency. ø‘‘(A) mental health courts or other court- and jailed for minor, nonviolent offenses. ø‘‘(3) CRIMINAL OR JUVENILE JUSTICE AGEN- based programs for preliminarily qualified ø(6) The majority of individuals with a CY.—The term ‘criminal or juvenile justice offenders; mental illness or emotional disorder who are agency’ means an agency of a State or local ø‘‘(B) programs that offer specialized train- involved in the criminal or juvenile justice government that is responsible for detection, ing to the officers and employees of a crimi- systems are responsive to medical and psy- arrest, enforcement, prosecution, defense, nal or juvenile justice agency and mental chological interventions that integrate adjudication, incarceration, probation, or health personnel in procedures for identi- treatment, rehabilitation, and support serv- parole relating to the violation of the crimi- fying the symptoms of mental illness and co- ices. nal laws of that State or local government. occurring mental illness and substance abuse ø(7) Collaborative programs between men- ø‘‘(4) DIVERSION AND ALTERNATIVE PROSECU- disorders in order to respond appropriately tal health, substance abuse, and criminal or TION AND SENTENCING.— to individuals with such illnesses; juvenile justice systems that ensure the pro- ø‘‘(A) IN GENERAL.—The terms ‘diversion’ ø‘‘(C) programs that support cooperative vision of services for those with mental ill- and ‘alternative prosecution and sentencing’ efforts by criminal and juvenile justice agen- ness or co-occurring mental illness and sub- mean the appropriate use of effective mental cies and mental health agencies to promote stance abuse disorders can reduce the num- health treatment alternatives to juvenile public safety by offering mental health ber of such individuals in adult and juvenile justice or criminal justice system institu- treatment services and, where appropriate, corrections facilities, while providing im- tional placements for preliminarily qualified substance abuse treatment services for— proved public safety. offenders. ø‘‘(i) preliminarily qualified offenders with ø‘‘(B) APPROPRIATE USE.—In this para- mental illness or co-occurring mental illness øSEC. 3. PURPOSE. graph, the term ‘appropriate use’ includes and substance abuse disorders; or øThe purpose of this Act is to increase pub- the discretion of the judge or supervising au- ø‘‘(ii) adult offenders with mental illness lic safety by facilitating collaboration thority and the leveraging of justice sanc- during periods of incarceration, while under among the criminal justice, juvenile justice, tions to encourage compliance with treat- the supervision of a criminal justice agency, ment. or following release from correctional facili- mental health treatment, and substance ø‘‘(5) MENTAL HEALTH AGENCY.—The term ties; and abuse systems. Such collaboration is needed ‘mental health agency’ means an agency of a ø‘‘(D) programs that support intergovern- to— State or local government that is responsible mental cooperation between State and local ø(1) reduce rearrests among adult and juve- for mental health services. governments with respect to the mentally ill nile offenders with mental illness, or co-oc- ø‘‘(6) MENTAL HEALTH COURT.—The term offender. curring mental illness and substance abuse ‘mental health court’ means a judicial pro- ø‘‘(3) APPLICATIONS.— disorders; gram that meets the requirements of part V ø‘‘(A) IN GENERAL.—To receive a planning ø(2) provide courts, including existing and of this title. grant or an implementation grant, the joint new mental health courts, with appropriate ø‘‘(7) MENTAL ILLNESS.—The term ‘mental applicants shall prepare and submit a single mental health and substance abuse treat- illness’ means a diagnosable mental, behav- application to the Attorney General at such ment options; ioral, or emotional disorder— time, in such manner, and containing such ø(3) maximize the use of alternatives to ø‘‘(A) of sufficient duration to meet diag- information as the Attorney General and the prosecution through diversion in appropriate nostic criteria within the most recent edi- Secretary shall reasonably require. An appli- cases involving non-violent offenders with tion of the Diagnostic and Statistical Man- cation under part V of this title may be mental illness; ual of Mental Disorders published by the made in conjunction with an application ø(4) promote adequate training for crimi- American Psychiatric Association; and under this section. nal justice system personnel about mental ø‘‘(B) that has resulted in functional im- ø‘‘(B) COMBINED PLANNING AND IMPLEMENTA- illness and substance abuse disorders and the pairment that substantially interferes with TION GRANT APPLICATION.—The Attorney Gen- appropriate responses to people with such ill- or limits 1 or more major life activities. eral and the Secretary shall develop a proce- nesses; ø‘‘(8) PRELIMINARILY QUALIFIED OF- dure under which applicants may apply at ø(5) promote adequate training for mental FENDER.—The term ‘preliminarily qualified the same time and in a single application for health treatment personnel about criminal offender’ means an adult or juvenile who— a planning grant and an implementation offenders with mental illness and the appro- ø‘‘(A)(i) previously or currently has been grant, with receipt of the implementation priate response to such offenders in the diagnosed by a qualified mental health pro- grant conditioned on successful completion criminal justice system; fessional as having a mental illness or co-oc- of the activities funded by the planning ø(6) promote communication between curring mental illness and substance abuse grant. criminal justice or juvenile justice per- disorders; or ø‘‘(4) PLANNING GRANTS.— sonnel, mental health treatment personnel, ø‘‘(ii) manifests obvious signs of mental ill- ø‘‘(A) APPLICATION.—The joint applicants nonviolent offenders with mental illness, and ness or co-occurring mental illness and sub- may apply to the Attorney General for a other support services such as housing, job stance abuse disorders during arrest or con- nonrenewable planning grant to develop a placement, community, and faith-based or- finement or before any court; and collaboration program. ganizations; and ø‘‘(B) has faced or is facing criminal ø‘‘(B) CONTENTS.—The Attorney General ø(7) promote communication, collabora- charges and is deemed eligible by a des- and the Secretary may not approve a plan- tion, and intergovernmental partnerships ignated pretrial screening and diversion ning grant unless the application for the among municipal, county, and State elected process, or by a magistrate or judge, on the grant includes or provides, at a minimum, officials with respect to mentally ill offend- ground that the commission of the offense is for a budget and a budget justification, a de- ers. the product of the person’s mental illness. scription of the outcome measures that will ø‘‘(9) SECRETARY.—The term ‘Secretary’ be used to measure the effectiveness of the øSEC. 4. DEPARTMENT OF JUSTICE MENTAL HEALTH AND CRIMINAL JUSTICE means the Secretary of the Department of program in promoting public safety and pub- COLLABORATION PROGRAM. Health and Human Services. lic health, the activities proposed (including ø‘‘(10) UNIT OF LOCAL GOVERNMENT.—The the provision of substance abuse treatment ø(a) IN GENERAL.—Title I of the Omnibus term ‘unit of local government’ means any services, where appropriate) and a schedule Crime Control and Safe Streets Act of 1968 city, county, township, town, borough, par- for completion of such activities, and the (42 U.S.C. 3711 et seq.) is amended by adding ish, village, or other general purpose polit- personnel necessary to complete such activi- at the end the following: ical subdivision of a State, including a State ties.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.039 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13319

ø‘‘(C) PERIOD OF GRANT.—A planning grant successful reintegration into the community ø‘‘(II) mental health system personnel to shall be effective for a period of 1 year, be- (such as housing, education, job placement, respond appropriately to the treatment ginning on the first day of the month in mentoring, and health care and benefits, as needs of preliminarily qualified offenders. which the planning grant is made. Appli- well as the services of faith-based and com- ø‘‘(iii) SERVICE DELIVERY.—Funds may be cants may not receive more than 1 such munity organizations for mentally ill indi- used to create or expand programs that pro- planning grant. viduals served by the collaboration promote public safety by providing the services ø‘‘(D) AMOUNT.—The amount of a planning gram); and described in subparagraph (C)(ii) to prelimi- grant may not exceed $75,000, except that the ø‘‘(V) include strategies to address develop- narily qualified offenders. Attorney General may, for good cause, ap- mental and learning disabilities and prob- ø‘‘(iv) IN-JAIL AND TRANSITIONAL SERV- prove a grant in a higher amount. lems arising from a documented history of ICES.—Funds may be used to promote and ø ‘‘(E) COLLABORATION SET ASIDE.—Up to 5 physical or sexual abuse. provide mental health treatment for those percent of all planning funds shall be used to incarcerated or for transitional re-entry pro- ø‘‘(D) HOUSING AND JOB PLACEMENT.—Re- foster collaboration between State and local grams for those released from any penal or cipients of an implementation grant may use governments in furtherance of the purposes correctional institution. grant funds to assist mentally ill offenders set forth in the Mentally Ill Offender Treat- ø‘‘(J) GEOGRAPHIC DISTRIBUTION OF compliant with the program in seeking hous- ment and Crime Reduction Act of 2003. GRANTS.—The Attorney General, in consulta- ing or employment assistance. ø‘‘(5) IMPLEMENTATION GRANTS.— tion with the Secretary, shall ensure that ø‘‘(E) POLICIES AND PROCEDURES.—Appli- ø‘‘(A) APPLICATION.—Joint applicants that planning and implementation grants are eq- have prepared a planning grant application cants for an implementation grant shall uitably distributed among the geographical may apply to the Attorney General for ap- strive to ensure prompt access to defense regions of the United States and between proval of a nonrenewable implementation counsel by criminal defendants with mental urban and rural populations. grant to develop a collaboration program. illness who are facing charges that would ø‘‘(c) PRIORITY.—The Attorney General, in ø‘‘(B) COLLABORATION.—To receive an im- trigger a constitutional right to counsel. awarding funds under this section, shall give plementation grant, the joint applicants ø‘‘(F) FINANCIAL.—Applicants for an imple- priority to applications that— shall— mentation grant shall— ø‘‘(1) demonstrate the strongest commit- ø‘‘(i) document that at least 1 criminal or ø‘‘(i) explain the applicant’s inability to ment to ensuring that such funds are used to juvenile justice agency (which can include a fund the collaboration program adequately promote both public health and public safe- mental health court) and 1 mental health without Federal assistance; ty; agency will participate in the administra- ø‘‘(ii) specify how the Federal support pro- ø‘‘(2) demonstrate the active participation tion of the collaboration program; vided will be used to supplement, and not of each co-applicant in the administration of ø‘‘(ii) describe the responsibilities of each supplant, State, local, Indian tribe, or tribal the collaboration program; and participating agency, including how each organization sources of funding that would ø‘‘(3) have the support of both the Attorney agency will use grant resources to jointly en- otherwise be available, including billing General and the Secretary. sure that the provision of mental health third-party resources for services already ø‘‘(d) MATCHING REQUIREMENTS.— treatment services is integrated with the covered under programs (such as medicaid, ø‘‘(1) FEDERAL SHARE.—The Federal share provision of substance abuse treatment serv- medicare, and the State Children’s Insurance of the cost of a collaboration program car- ices, where appropriate; Program); and ried out by a State, unit of local govern- ø‘‘(iii) in the case of an application from a ø‘‘(iii) outline plans for obtaining nec- ment, Indian tribe, or tribal organization unit of local government, document that a essary support and continuing the proposed under this section shall not exceed— State mental health authority has provided collaboration program following the conclu- ø‘‘(A) 80 percent of the total cost of the comment and review; and sion of Federal support. program during the first 2 years of the grant; ø‘‘(iv) involve, to the extent practicable, in ø‘‘(G) OUTCOMES.—Applicants for an imple- ø‘‘(B) 60 percent of the total cost of the developing the grant application— mentation grant shall— program in year 3; and ø‘‘(I) individuals with mental illness or co- ø‘‘(i) identify methodology and outcome ø‘‘(C) 25 percent of the total cost of the occurring mental illness and substance abuse measures, as required by the Attorney Gen- program in years 4 and 5. disorders; or eral and the Secretary, to be used in evalu- ø‘‘(2) NON-FEDERAL SHARE.—The non-Fed- ø ‘‘(II) the families and advocates of such ating the effectiveness of the collaboration eral share of payments made under this sec- individuals under subclause (I). program; tion may be made in cash or in-kind fairly ø ‘‘(C) CONTENT.—To be eligible for an im- ø‘‘(ii) ensure mechanisms are in place to evaluated, including planned equipment or plementation grant, joint applicants shall capture data, consistent with the method- services. ø comply with the following: ology and outcome measures under clause ‘‘(e) FEDERAL USE OF FUNDS.—The Attor- ø‘‘(i) DEFINITION OF TARGET POPULATION.— (i); and ney General, in consultation with the Sec- Applicants for an implementation grant ø‘‘(iii) submit specific agreements from af- retary, in administering grants under this shall— section, may use up to 3 percent of funds ap- fected agencies to provide the data needed by ø‘‘(I) describe the population with mental propriated to— the Attorney General and the Secretary to illness or co-occurring mental illness and ø‘‘(1) research the use of alternatives to accomplish the evaluation under clause (i). substance abuse disorders that is targeted prosecution through pretrial diversion in ap- ø‘‘(H) STATE PLANS.—Applicants for an im- for the collaboration program; and propriate cases involving individuals with plementation grant shall describe how the ø‘‘(II) develop guidelines that can be used mental illness; adult or juvenile collaboration program re- by personnel of a criminal or juvenile justice ø‘‘(2) offer specialized training to personnel lates to existing State criminal or juvenile agency to identify individuals with mental of criminal and juvenile justice agencies in illness or co-occurring mental illness and justice and mental health plans and pro- appropriate diversion techniques; substance abuse disorders. grams. ø‘‘(3) provide technical assistance to local ø ø‘‘(ii) SERVICES.—Applicants for an imple- ‘‘(I) USE OF FUNDS.—Applicants that re- governments, mental health courts, and di- mentation grant shall— ceive an implementation grant may use version programs, including technical assist- ø‘‘(I) ensure that preliminarily qualified funds for 1 or more of the following purposes: ance relating to program evaluation; ø offenders who are to receive treatment serv- ‘‘(i) MENTAL HEALTH COURTS AND DIVER- ø‘‘(4) help localities build public under- ices under the collaboration program will SION/ALTERNATIVE PROSECUTION AND SEN- standing and support for community re- first receive individualized, needs-based as- TENCING PROGRAMS.—Funds may be used to integration of individuals with mental ill- sessments to determine, plan, and coordinate create or expand existing mental health ness; the most appropriate services for such indi- courts that meet program requirements es- ø‘‘(5) develop a uniform program evalua- viduals; tablished by the Attorney General under tion process; and ø‘‘(II) specify plans for making mental part V of this title or diversion and alter- ø‘‘(6) conduct a national evaluation of the health treatment services available and ac- native prosecution and sentencing programs collaboration program that will include an cessible to mentally ill offenders at the time (including crisis intervention teams and assessment of its cost-effectiveness. of their release from the criminal justice treatment accountability services for com- ø‘‘(f) INTERAGENCY TASK FORCE.— system, including outside of normal business munities) that meet requirements estab- ø‘‘(1) IN GENERAL.—The Attorney General hours; lished by the Attorney General and the Sec- and the Secretary shall establish an inter- ø‘‘(III) ensure that preliminarily qualified retary. agency task force with the Secretaries of offenders served by the collaboration pro- ø‘‘(ii) TRAINING.—Funds may be used to Housing and Urban Development, Labor, gram will have access to effective and appro- create or expand programs, such as crisis Education, and Veterans Affairs and the priate community-based mental health serv- intervention training, which offer specialized Commissioner of Social Security, or their ices, or, where appropriate, integrated sub- training to— designees. stance abuse and mental health treatment ø‘‘(I) criminal justice system personnel to ø‘‘(2) RESPONSIBILITIES.—The task force es- services; identify and respond appropriately to the tablished under paragraph (1) shall— ø‘‘(IV) make available, to the extent prac- unique needs of an adult or juvenile with ø‘‘(A) identify policies within their depart- ticable, other support services that will en- mental illness or co-occurring mental illness ments which hinder or facilitate local col- sure the preliminarily qualified offender’s and substance abuse disorders; or laborative initiatives for adults or juveniles

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.039 S27PT1 S13320 CONGRESSIONAL RECORD — SENATE October 27, 2003 with mental illness or co-occurring mental curring mental illness and substance abuse dis- tion of the judge or supervising authority, the illness and substance abuse disorders; and orders can reduce the number of such individ- leveraging of justice sanctions to encourage ø‘‘(B) submit, not later than 2 years after uals in adult and juvenile corrections facilities, compliance with treatment, and law enforce- the date of enactment of this section, a re- while providing improved public safety. ment diversion, including crisis intervention port to Congress containing recommenda- SEC. 3. PURPOSE. teams. tions for improved interdepartmental col- The purpose of this Act is to increase public ‘‘(5) MENTAL HEALTH AGENCY.—The term laboration regarding the provision of serv- safety by facilitating collaboration among the ‘mental health agency’ means an agency of a ices to adults and juveniles with mental ill- criminal justice, juvenile justice, mental health State or local government or its contracted agen- ness or co-occurring mental illness and sub- treatment, and substance abuse systems. Such cy that is responsible for mental health services stance abuse disorders. collaboration is needed to— or co-occurring mental health and substance ø‘‘(g) MINIMUM ALLOCATION.—Unless all eli- (1) reduce rearrests among adult and juvenile abuse disorders. gible applications submitted by any State or offenders with mental illness or co-occurring ‘‘(6) MENTAL HEALTH COURT.—The term ‘men- unit of local government within such State mental illness and substance abuse disorders; tal health court’ means a judicial program that for a planning or implementation grant (2) provide courts, including existing and new meets the requirements of part V of this title. under this section have been funded, such mental health courts, with appropriate mental ‘‘(7) MENTAL ILLNESS.—The term ‘mental ill- State, together with grantees within the health and substance abuse treatment options; ness’ means a diagnosable mental, behavioral, State (other than Indian tribes), shall be al- (3) maximize the use of alternatives to pros- or emotional disorder— located in each fiscal year under this section ecution through diversion in appropriate cases ‘‘(A) of sufficient duration to meet diagnostic not less than 0.75 percent of the total involving non-violent offenders with mental ill- criteria within the most recent edition of the Di- amount appropriated in the fiscal year for ness; agnostic and Statistical Manual of Mental Dis- planning or implementation grants pursuant (4) promote adequate training for criminal jus- orders published by the American Psychiatric to this section. tice system personnel about mental illness and Association; and ø‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— substance abuse disorders and the appropriate ‘‘(B)(i) that, in the case of an adult, has re- There are authorized to be appropriated to responses to people with such illnesses; sulted in functional impairment that substan- the Department of Justice to carry out this (5) promote adequate training for mental tially interferes with or limits 1 or more major section— health and substance abuse treatment personnel life activities; or ø‘‘(1) $100,000,000 for each of fiscal years about criminal offenders with mental illness or ‘‘(ii) that, in the case of a juvenile, has re- 2004 and 2005; and co-occurring mental illness of substance abuse sulted in functional impairment that substan- ø‘‘(2) such sums as may be necessary for disorders and the appropriate response to such tially interferes with or limits the juvenile’s role fiscal years 2006 through 2008.’’. offenders in the criminal justice system; or functioning in family, school, or community ø(b) LIST OF ‘‘BEST PRACTICES’’.—The At- (6) promote communication between criminal activities. torney General, in consultation with the justice or juvenile justice personnel, mental ‘‘(8) PRELIMINARILY QUALIFIED OFFENDER.— Secretary of Health and Human Services, health and co-occurring mental illness and sub- The term ‘preliminarily qualified offender’ shall develop a list of ‘‘best practices’’ for stance abuse disorders treatment personnel, means a nonviolent adult or juvenile who— appropriate diversion from incarceration of nonviolent offenders with mental illness or co- ‘‘(A)(i) previously or currently has been diag- adult and juvenile offenders. occurring mental illness and substance abuse nosed by a qualified mental health professional ø(c) TECHNICAL AMENDMENT.—The table of disorders, and other support services such as as having a mental illness or co-occurring men- contents of title I of the Omnibus Crime Con- housing, job placement, community, and faith- tal illness and substance abuse disorders; or ‘‘(ii) manifests obvious signs of mental illness trol and Safe Streets Act of 1968 (42 U.S.C. based organizations; and or co-occurring mental illness and substance 3711 et seq.) is amended by adding at the end (7) promote communication, collaboration, abuse disorders during arrest or confinement or the following: and intergovernmental partnerships among mu- before any court; and ø‘‘PART HH—ADULT AND JUVENILE nicipal, county, and State elected officials with ‘‘(B) has faced, is facing, or could face crimi- COLLABORATION PROGRAM GRANTS respect to mentally ill offenders. nal charges and is deemed eligible by a diversion ø ‘‘Sec. 2991. Adult and juvenile collaboration SEC. 4. DEPARTMENT OF JUSTICE MENTAL process, designated pretrial screening process, or programs.’’.¿ HEALTH AND CRIMINAL JUSTICE COLLABORATION PROGRAM. by a magistrate or judge, on the ground that the SECTION 1. SHORT TITLE. commission of the offense is the product of the This Act may be cited as the ‘‘Mentally Ill Of- (a) IN GENERAL.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. person’s mental illness. fender Treatment and Crime Reduction Act of ‘‘(9) SECRETARY.—The term ‘Secretary’ means 3711 et seq.) is amended by adding at the end 2003’’. the Secretary of the Department of Health and the following: SEC. 2. FINDINGS. Human Services. Congress finds the following: ‘‘PART HH—ADULT AND JUVENILE ‘‘(10) UNIT OF LOCAL GOVERNMENT.—The term (1) According to the Bureau of Justice Statis- COLLABORATION PROGRAM GRANTS ‘unit of local government’ means any city, coun- tics, over 16 percent of adults incarcerated in ‘‘SEC. 2991. ADULT AND JUVENILE COLLABORA- ty, township, town, borough, parish, village, or United States jails and prisons have a mental TION PROGRAMS. other general purpose political subdivision of a illness. ‘‘(a) DEFINITIONS.—In this section, the fol- State, including a State court, local court, or a (2) According to the Office of Juvenile Justice lowing definitions shall apply: governmental agency located within a city, and Delinquency Prevention, approximately 20 ‘‘(1) APPLICANT.—The term ‘applicant’ means county, township, town, borough, parish, or vil- percent of youth in the juvenile justice system States, units of local government, Indian tribes, lage. have serious mental health problems, and a sig- and tribal organizations that apply for a grant ‘‘(b) PLANNING AND IMPLEMENTATION nificant number have co-occurring mental under this section. GRANTS.— health and substance abuse disorders. ‘‘(2) COLLABORATION PROGRAM.—The term ‘‘(1) IN GENERAL.—The Attorney General, in (3) According to the National Alliance for the ‘collaboration program’ means a program to pro- consultation with the Secretary, may award Mentally Ill, up to 40 percent of adults who suf- mote public safety by ensuring access to ade- nonrenewable grants to eligible applicants to fer from a serious mental illness will come into quate mental health and other treatment serv- prepare a comprehensive plan for and implement contact with the American criminal justice sys- ices for mentally ill adults or juveniles that is an adult or juvenile collaboration program, tem at some point in their lives. overseen cooperatively by— which targets preliminary qualified offenders in (4) According to the Office of Juvenile Justice ‘‘(A) a criminal justice agency, a juvenile jus- order to promote public safety and public and Delinquency Prevention, over 150,000 juve- tice agency, or a mental health court; and health. niles who come into contact with the juvenile ‘‘(B) a mental health agency. ‘‘(2) PURPOSES.—Grants awarded under this justice system each year meet the diagnostic cri- ‘‘(3) CRIMINAL OR JUVENILE JUSTICE AGENCY.— section shall be used to create or expand— teria for at least 1 mental or emotional disorder. The term ‘criminal or juvenile justice agency’ ‘‘(A) mental health courts or other court- (5) A significant proportion of adults with a means an agency of a State or local government based programs for preliminarily qualified of- serious mental illness who are involved with the or its contracted agency that is responsible for fenders; criminal justice system are homeless or at immi- detection, arrest, enforcement, prosecution, de- ‘‘(B) programs that offer specialized training nent risk of homelessness; and many of these in- fense, adjudication, incarceration, probation, or to the officers and employees of a criminal or ju- dividuals are arrested and jailed for minor, non- parole relating to the violation of the criminal venile justice agency and mental health per- violent offenses. laws of that State or local government. sonnel serving those with co-occurring mental (6) The majority of individuals with a mental ‘‘(4) DIVERSION AND ALTERNATIVE PROSECU- illness and substance abuse problems in proce- illness or emotional disorder who are involved in TION AND SENTENCING.— dures for identifying the symptoms of prelimi- the criminal or juvenile justice systems are re- ‘‘(A) IN GENERAL.—The terms ‘diversion’ and nary qualified offenders in order to respond ap- sponsive to medical and psychological interven- ‘alternative prosecution and sentencing’ mean propriately to individuals with such illnesses; tions that integrate treatment, rehabilitation, the appropriate use of effective mental health ‘‘(C) programs that support cooperative efforts and support services. treatment alternatives to juvenile justice or by criminal and juvenile justice agencies and (7) Collaborative programs between mental criminal justice system institutional placements mental health agencies to promote public safety health, substance abuse, and criminal or juve- for preliminarily qualified offenders. by offering mental health treatment services nile justice systems that ensure the provision of ‘‘(B) APPROPRIATE USE.—In this paragraph, and, where appropriate, substance abuse treat- services for those with mental illness or co-oc- the term ‘appropriate use’ includes the discre- ment services for—

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00088 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.039 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13321 ‘‘(i) preliminarily qualified offenders with tal health authority has provided comment and the Secretary, to be used in evaluating the effec- mental illness or co-occurring mental illness and review; and tiveness of the collaboration program; substance abuse disorders; or ‘‘(iv) involve, to the extent practicable, in de- ‘‘(ii) ensure mechanisms are in place to cap- ‘‘(ii) adult offenders with mental illness dur- veloping the grant application— ture data, consistent with the methodology and ing periods of incarceration, while under the su- ‘‘(I) preliminary qualified offenders; or outcome measures under clause (i); and pervision of a criminal justice agency, or fol- ‘‘(II) the families and advocates of such indi- ‘‘(iii) submit specific agreements from affected lowing release from correctional facilities; and viduals under subclause (I). agencies to provide the data needed by the At- ‘‘(D) programs that support intergovernmental ‘‘(C) CONTENT.—To be eligible for an imple- torney General and the Secretary to accomplish cooperation between State and local govern- mentation grant, joint applicants shall comply the evaluation under clause (i). ments with respect to the mentally ill offender. with the following: ‘‘(H) STATE PLANS.—Applicants for an imple- ‘‘(3) APPLICATIONS.— ‘‘(i) DEFINITION OF TARGET POPULATION.—Ap- mentation grant shall describe how the adult or ‘‘(A) IN GENERAL.—To receive a planning plicants for an implementation grant shall— juvenile collaboration program relates to exist- grant or an implementation grant, the joint ap- ‘‘(I) describe the population with mental ill- ing State criminal or juvenile justice and mental plicants shall prepare and submit a single appli- ness or co-occurring mental illness and sub- health plans and programs. cation to the Attorney General at such time, in stance abuse disorders that is targeted for the ‘‘(I) USE OF FUNDS.—Applicants that receive such manner, and containing such information collaboration program; and an implementation grant may use funds for 1 or as the Attorney General and the Secretary shall ‘‘(II) develop guidelines that can be used by more of the following purposes: reasonably require. An application under part V personnel of a criminal or juvenile justice agen- ‘‘(i) MENTAL HEALTH COURTS AND DIVERSION/ of this title may be made in conjunction with an cy to identify preliminary qualified offenders. ALTERNATIVE PROSECUTION AND SENTENCING application under this section. ‘‘(ii) SERVICES.—Applicants for an implemen- PROGRAMS.—Funds may be used to create or ex- ‘‘(B) COMBINED PLANNING AND IMPLEMENTA- tation grant shall— pand existing mental health courts that meet TION GRANT APPLICATION.—The Attorney Gen- ‘‘(I) ensure that preliminarily qualified of- program requirements established by the Attor- eral and the Secretary shall develop a procedure fenders who are to receive treatment services ney General under part V of this title, other under which applicants may apply at the same under the collaboration program will first re- court-based programs, or diversion and alter- time and in a single application for a planning ceive individualized, needs-based assessments to native prosecution and sentencing programs (in- grant and an implementation grant, with receipt determine, plan, and coordinate the most appro- cluding crisis intervention teams and treatment of the implementation grant conditioned on suc- priate services for such individuals; accountability services for communities) that ‘‘(II) specify plans for making mental health, cessful completion of the activities funded by meet requirements established by the Attorney or mental health and substance abuse, treat- the planning grant. General and the Secretary. LANNING GRANTS ment services available and accessible to prelimi- ‘‘(4) P .— ‘‘(ii) TRAINING.—Funds may be used to create nary qualified offenders at the time of their re- ‘‘(A) APPLICATION.—The joint applicants may or expand programs, such as crisis intervention lease from the criminal justice system, including apply to the Attorney General for a nonrenew- training, which offer specialized training to— outside of normal business hours; able planning grant to develop a collaboration ‘‘(I) criminal justice system personnel to iden- ‘‘(III) ensure that there are substance abuse program. tify and respond appropriately to the unique ‘‘(B) CONTENTS.—The Attorney General and personnel available to respond appropriately to needs of preliminary qualified offenders; or the Secretary may not approve a planning grant the treatment needs of preliminary qualified of- ‘‘(II) mental health system personnel to re- unless the application for the grant includes or fenders; spond appropriately to the treatment needs of provides, at a minimum, for a budget and a ‘‘(IV) ensure that preliminarily qualified of- preliminarily qualified offenders. budget justification, a description of the out- fenders served by the collaboration program will ‘‘(iii) SERVICE DELIVERY.—Funds may be used come measures that will be used to measure the have access to effective and appropriate commu- to create or expand programs that promote pub- effectiveness of the program in promoting public nity-based mental health services, or, where lic safety by providing the services described in safety and public health, the activities proposed clinically appropriate, coordinated substance subparagraph (C)(ii) to preliminarily qualified (including the provision of substance abuse abuse and mental health treatment services; offenders. treatment services, where appropriate) and a ‘‘(V) make available, to the extent practicable, ‘‘(iv) IN-JAIL AND TRANSITIONAL SERVICES.— schedule for completion of such activities, and other support services that will ensure the pre- Funds may be used to promote and provide men- the personnel necessary to complete such activi- liminarily qualified offender’s successful re- tal health treatment for those incarcerated or ties. integration into the community (such as hous- for transitional re-entry programs for those re- ‘‘(C) PERIOD OF GRANT.—A planning grant ing, education, job placement, mentoring, and shall be effective for a period of 1 year, begin- health care and benefits, as well as the services leased from any penal or correctional institu- ning on the first day of the month in which the of faith-based and community organizations for tion. planning grant is made. Applicants may not re- mentally ill individuals served by the collabora- ‘‘(J) GEOGRAPHIC DISTRIBUTION OF GRANTS.— ceive more than 1 such planning grant. tion program); and The Attorney General, in consultation with the ‘‘(D) AMOUNT.—The amount of a planning ‘‘(VI) include strategies, to the extent prac- Secretary, shall ensure that planning and imple- grant may not exceed $75,000, except that the ticable, to address developmental and learning mentation grants are equitably distributed Attorney General may, for good cause, approve disabilities and problems arising from a docu- among the geographical regions of the United a grant in a higher amount. mented history of physical or sexual abuse. States and between urban and rural popu- ‘‘(E) COLLABORATION SET ASIDE.—Up to 5 per- ‘‘(D) HOUSING AND JOB PLACEMENT.—Recipi- lations. cent of all planning funds shall be used to foster ents of an implementation grant may use grant ‘‘(c) PRIORITY.—The Attorney General, in collaboration between State and local govern- funds to assist mentally ill offenders compliant awarding funds under this section, shall give ments in furtherance of the purposes set forth in with the program in seeking housing or employ- priority to applications that— the Mentally Ill Offender Treatment and Crime ment assistance. ‘‘(1) demonstrate the strongest commitment to Reduction Act of 2003. ‘‘(E) POLICIES AND PROCEDURES.—Applicants ensuring that such funds are used to promote ‘‘(5) IMPLEMENTATION GRANTS.— for an implementation grant shall strive to en- both public health and public safety; ‘‘(A) APPLICATION.—Joint applicants that sure prompt access to defense counsel by crimi- ‘‘(2) demonstrate the active participation of have prepared a planning grant application nal defendants with mental illness who are fac- each co-applicant in the administration of the may apply to the Attorney General for approval ing charges that would trigger a constitutional collaboration program; and of a nonrenewable implementation grant to de- right to counsel. ‘‘(3) have the support of both the Attorney velop a collaboration program. ‘‘(F) FINANCIAL.—Applicants for an implemen- General and the Secretary. ‘‘(B) COLLABORATION.—To receive an imple- tation grant shall— ‘‘(d) MATCHING REQUIREMENTS.— mentation grant, the joint applicants shall— ‘‘(i) explain the applicant’s inability to fund ‘‘(1) FEDERAL SHARE.—The Federal share of ‘‘(i) document that at least 1 criminal or juve- the collaboration program adequately without the cost of a collaboration program carried out nile justice agency (which can include a mental Federal assistance; by a State, unit of local government, Indian health court) and 1 mental health agency or ‘‘(ii) specify how the Federal support provided tribe, or tribal organization under this section agency providing mental health and substance will be used to supplement, and not supplant, shall not exceed— abuse services to those with co-occurring mental State, local, Indian tribe, or tribal organization ‘‘(A) 80 percent of the total cost of the pro- health and substance abuse disorders will par- sources of funding that would otherwise be gram during the first 2 years of the grant; ticipate in the administration of the collabora- available, including billing third-party resources ‘‘(B) 60 percent of the total cost of the pro- tion program; for services already covered under programs gram in year 3; and ‘‘(ii) describe the responsibilities of each par- (such as medicaid, medicare, and the State Chil- ‘‘(C) 25 percent of the total cost of the pro- ticipating agency, including how each agency dren’s Insurance Program); and gram in years 4 and 5. will use grant resources to jointly ensure that ‘‘(iii) outline plans for obtaining necessary ‘‘(2) NON-FEDERAL SHARE.—The non-Federal the provision of mental health treatment serv- support and continuing the proposed collabora- share of payments made under this section may ices and qualified substance abuse services is co- tion program following the conclusion of Fed- be made in cash or in-kind fairly evaluated, in- ordinated, which includes consultation, collabo- eral support. cluding planned equipment or services. ration, and integrated services, where clinically ‘‘(G) OUTCOMES.—Applicants for an imple- ‘‘(e) FEDERAL USE OF FUNDS.—The Attorney appropriate; mentation grant shall— General, in consultation with the Secretary, in ‘‘(iii) in the case of an application from a unit ‘‘(i) identify methodology and outcome meas- administering grants under this section, may of local government, document that a State men- ures, as required by the Attorney General and use up to 3 percent of funds appropriated to—

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00089 Fmt 0637 Sfmt 6333 E:\CR\FM\A27OC6.039 S27PT1 S13322 CONGRESSIONAL RECORD — SENATE October 27, 2003 ‘‘(1) research the use of alternatives to pros- NATIONAL FLOOD INSURANCE ship between Romania and the United ecution through pretrial diversion in appro- PROGRAM REAUTHORIZATION States. priate cases involving individuals with mental ACT OF 2004 There being no objection, the Senate illness; proceeded to consider the resolution. Mr. MCCONNELL. Mr. President, I ‘‘(2) offer specialized training to personnel of Mr. MCCONNELL. Mr. President, I criminal and juvenile justice agencies in appro- ask unanimous consent that the Bank- ask unanimous consent that the reso- priate diversion techniques; ing Committee be discharged from fur- lution be agreed to, the preamble be ‘‘(3) provide technical assistance to local gov- ther consideration of S. 1768, and the ernments, mental health courts, and diversion agreed to, the motion to reconsider be Senate proceed to its immediate con- laid upon the table, and any state- programs, including technical assistance relat- sideration. ing to program evaluation; ments relating to the bill be printed in ‘‘(4) help localities build public understanding The PRESIDING OFFICER. Without the RECORD. and support for community reintegration of in- objection, it is so ordered. The clerk The PRESIDING OFFICER. Without dividuals with mental illness; will state the bill by title. objection, it is so ordered. ‘‘(5) develop a uniform program evaluation The legislative clerk read as follows: The resolution (S. Res. 250) was process; and A bill (S. 1768) to extend the national flood agreed to. ‘‘(6) conduct a national evaluation of the col- insurance program. The preamble was agreed to. laboration program that will include an assess- There being no objection, the Senate The resolution, with its preamble, ment of its cost-effectiveness. reads as follows: ‘‘(f) INTERAGENCY TASK FORCE.— proceeded to consider the bill. S. RES. 250 ‘‘(1) IN GENERAL.—The Attorney General and Mr. MCCONNELL. Mr. President, I the Secretary shall establish an interagency ask unanimous consent that the bill be Whereas, in 1995, Romania joined with the task force with the Secretaries of Housing and read the third time and passed, the mo- United States and the North Atlantic Treaty Urban Development, Labor, Education, and tion to reconsider be laid upon the Organization (NATO) to provide assistance to the Stabilization Force (SFOR) deployed Veterans Affairs and the Commissioner of Social table, and that any statements relating Security, or their designees. to Bosnia and Herzegovina to support peace, to the bill be printed in the RECORD. ‘‘(2) RESPONSIBILITIES.—The task force estab- security, and freedom in the western Bal- lished under paragraph (1) shall— The PRESIDING OFFICER. Without kans; ‘‘(A) identify policies within their departments objection, it is so ordered. Whereas, in 1999, Romania joined with the that hinder or facilitate local collaborative ini- The bill (S. 1768) was read the third United States and NATO member countries tiatives for preliminary qualified offenders; and time and passed, as follows: to provide assistance for Operation Allied Force to use military force in order to halt ‘‘(B) submit, not later than 2 years after the S. 1768 date of enactment of this section, a report to the genocide, known as ethnic cleansing, Congress containing recommendations for im- Be it enacted by the Senate and House of Rep- that was taking place in Kosovo; proved interdepartmental collaboration regard- resentatives of the United States of America in Whereas, after the conclusion of Operation ing the provision of services to preliminary Congress assembled, Allied Force, Romania provided support to qualified offenders. SECTION 1. SHORT TITLE. democracy activists from the Federal Repub- ‘‘(g) MINIMUM ALLOCATION.—Unless all eligi- This Act may be cited as the ‘‘National lic of Yugoslavia in their successful efforts ble applications submitted by any State or unit Flood Insurance Program Reauthorization to end the rule of Yugoslav dictator of local government within such State for a Act of 2004’’. Slobodan Milosevic, and also provided sup- planning or implementation grant under this SEC. 2. EXTENSION OF NATIONAL FLOOD INSUR- port to NATO stabilization forces deployed section have been funded, such State, together ANCE PROGRAM. in Kosovo Force (KFOR); Whereas, following the terrorist attacks with grantees within the State (other than In- (a) EXTENSION.—The National Flood Insur- dian tribes), shall be allocated in each fiscal ance Act of 1968 is amended— upon the United States in September 2001, year under this section not less than 0.75 per- (1) in section 1309(a)(2) (42 U.S.C. 4016(a)(2)), the Government of Romania immediately ex- cent of the total amount appropriated in the fis- by striking ‘‘December 31, 2003’’ and insert- pressed its sympathy for Americans and oth- cal year for planning or implementation grants ing ‘‘December 31, 2004’’; ers killed in the attacks and pledged its full support in fighting the war on terror; pursuant to this section. (2) in section 1319 (42 U.S.C. 4026), by strik- Whereas, on September 19, 2001, the Roma- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ing ‘‘after’’ and all that follows through the nian Parliament voted to open Romanian There are authorized to be appropriated to the period at the end and inserting ‘‘after De- territory and airspace to United States Department of Justice to carry out this section— cember 31, 2004.’’; Armed Forces involved in Operation Endur- ‘‘(1) $100,000,000 for each of fiscal years 2004 (3) in section 1336(a) (42 U.S.C. 4056(a)), by ing Freedom in Afghanistan; and 2005; and striking ‘‘ending’’ and all that follows Whereas thousands of American aircraft ‘‘(2) such sums as may be necessary for fiscal through ‘‘in’’ and inserting ‘‘ending Decem- flew through Romanian airspace during the years 2006 through 2008.’’. ber 31, 2004, in’’; and combat phase of Operation Enduring Free- (b) LIST OF ‘‘BEST PRACTICES’’.—The Attorney (4) in section 1376(c) (42 U.S.C. 4127), by dom, and continue to do so as part of peace- striking ‘‘December 31, 2003’’ and inserting General, in consultation with the Secretary of building efforts; Health and Human Services, shall develop a list ‘‘December 31, 2004’’. Whereas, beginning on June 2002, Roma- of ‘‘best practices’’ for appropriate diversion (b) EFFECTIVE DATE.—The amendments nian aircraft flew Romanian soldiers to serve from incarceration of adult and juvenile offend- made by this section shall be considered to in Afghanistan as part of the forces involved ers. have taken effect on December 31, 2003. in Operation Enduring Freedom and the (c) TECHNICAL AMENDMENT.—The table of f International Security Assistance Force, and contents of title I of the Omnibus Crime Control over 500 elite Romanian soldiers are cur- and Safe Streets Act of 1968 (42 U.S.C. 3711 et COMMENDING THE PEOPLE AND rently stationed in Afghanistan; seq.) is amended by adding at the end the fol- GOVERNMENT OF ROMANIA ON Whereas Romania stood with the United lowing: THE OCCASION OF THE VISIT OF States as a vital member of the inter- ‘‘PART HH—ADULT AND JUVENILE THE PRESIDENT OF ROMANIA TO national coalition in Operation Iraqi Free- COLLABORATION PROGRAM GRANTS THE UNITED STATES dom by offering diplomatic, political, and ‘‘Sec. 2991. Adult and juvenile collaboration military support; Mr. MCCONNELL. Mr. President, I programs.’’. Whereas, in a January 31, 2003, letter to ask unanimous consent that the For- Mr. MCCONNELL. Mr. President, I President George W. Bush, President Ion ask unanimous consent that the com- eign Relations Committee be dis- Iliescu of Romania stated that ‘‘Romania mittee reported substitute amendment charged from further consideration of can understand that aggressive dictators cannot be appeased or ignored, but always be be agreed to, the bill, as amended, be S. Res. 250, and the Senate proceed to its immediate consideration. opposed. Romanians indeed know the value read three times, passed, the motion to of freedom and living in peace. They have reconsider be laid upon the table, and The PRESIDING OFFICER. Without objection, it is so ordered. The clerk seen the face of evil embodied in communism that any statements relating to the and deeply share your conviction, expressed will state the bill by title. bill be printed in the RECORD without in the State of the Union address, that ‘free intervening action or debate. The legislative clerk read as follows. people will set the course of history’’’; The PRESIDING OFFICER. Without A resolution (S. Res. 250) commending the Whereas, on February 12, 2003, the Roma- objection, it is so ordered. people and the government of Romania on nian Parliament voted to open Romanian the occasion of the visit of Romanian Presi- territory and airspace to United States The committee amendment in the dent Ion Iliescu to the United States, for the Armed Forces carrying out Operation Iraqi nature of a substitute was agreed to. important progress they have made with re- Freedom; The bill (S. 1194), as amended, was spect to economic reform and democratic de- Whereas hundreds of American aircraft read the third time and passed. velopment, as well as for the strong relation- flew through Romanian airspace and landed

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00090 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.039 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — SENATE S13323 at Romanian airfields during the combat nomic, and military cooperation between leader’s thinking at the moment is phase of Operation Iraqi Freedom from May Romania and the United States. that Monday would be a workday. We to July 2003; f have a lot of work to do if we plan to Whereas thousands of United States sol- finish up this session, certainly before diers were stationed and transported into the MEASURE PLACED ON THE Iraq theatre of operations from Mihail CALENDAR—S.J. RES. 21 Thanksgiving, if not sooner, which I Kogalniceanu Air Base, and the neighboring think would be the preference of most Black Sea port of Constantza was also used Mr. MCCONNELL. Mr. President, I of the Members. I think it is his cur- in the fall of 2002 and spring of 2003 for rotat- understand that S.J. Res. 21 is at the rent intention, which I am sure he will ing United States Armed Forces and equip- desk and is due for its second reading. address in the next few days, that the ment in and out of the Balkans; The PRESIDING OFFICER. The Sen- Monday before Veterans Day, which Whereas, beginning on March 12, 2003, Ro- ator is correct. The clerk will read the falls on a Tuesday, would be a work- mania began deploying military forces to title of the joint resolution. day. Iraq to assist in building security, peace, and The legislative clerk read as follows: democracy, and over 750 Romanian soldiers Mr. REID. I would simply say to my A joint resolution (S.J. Res. 21) expressing are currently stationed in Iraq; friend from Kentucky that I believe Whereas the Government of Romania has the sense of Congress that the number of years during which the death tax under sub- that is a wise decision. We have a lot to spent more than $160,000,000 during the past do and every day that we are not here two years to fund its participation in SFOR, title B of the Internal Revenue Code of 1986 KFOR, Operation Enduring Freedom, the is repealed should be extended, pending the means that much longer we have to go International Security Assistance Force, and permanent repeal of the death tax. into Thanksgiving and, perish the Operation Iraqi Freedom; Mr. MCCONNELL. I object to further thought, thinking about Christmas. Whereas, together with Bulgaria, Estonia, proceedings on the measure at this Mr. MCCONNELL. My friend from Latvia, Lithuania, Slovakia, and Slovenia, time. Nevada is absolutely right. If we take Romania successfully achieved the military, The PRESIDING OFFICER. The ob- off Monday and then Tuesday, people economic, and political reforms necessary to jection is heard. The bill will be placed be invited, at the November 2002 summit will start coming in on Wednesday, and meeting in Prague of the North Atlantic on the calendar. pretty soon it is Wednesday night and Council, to join the NATO alliance; f we have squandered the whole week. So Whereas, in his historic address at Piata I am sure the majority leader will ad- Revolutiei on November 23, 2002, President ORDERS FOR TUESDAY, OCTOBER 28, 2003 dress that in the next day or two. I Bush told the Romanian people that ‘‘Roma- know it is his current intention that nia has made a historic journey. Instead of Mr. MCCONNELL. Mr. President, I the Monday before Veterans Day, hatred, you have chosen tolerance. Instead of ask unanimous consent that when the which falls on Tuesday, would be a destructive rivalry with your neighbors, you Senate completes its business today, it have chosen reconciliation. Instead of state workday. control, you have chosen free markets and adjourn until 9:30 a.m., Tuesday, Octo- ber 28. I further ask that following the Mr. REID. If I could just say one the rule of law. And instead of dictatorship, more thing. you have built a proud and working democ- prayer and the pledge, the morning racy.’’; and hour be deemed expired, the Journal of The PRESIDING OFFICER. The as- Whereas, on May 8, 2003, the Senate voted proceedings be approved to date, the sistant minority leader. 96 to 0 to approve the resolution of advice time for the two leaders be reserved for and consent to the Protocols to the North Mr. REID. I know my veterans in Ne- their use later in the day, and the Sen- vada would understand because a lot of Atlantic Treaty of 1949 on the Accession of ate then proceed to executive session Bulgaria, Estonia, Latvia, Lithuania, Roma- the work we are doing is directly re- nia, Slovakia, and Slovenia: Now, therefore, to consider the Leavitt nomination as lated to them anyway. be it provided under the previous order; pro- Resolved, That the Senate— vided that following the disposition of f (1) appreciates the support expressed by the nomination, the Senate return to the people of Romania for strong and vibrant legislative session and resume consid- PROGRAM relations between the United States and Ro- eration of H.R. 2800, the foreign oper- mania; ations appropriations bill. Mr. MCCONNELL. For the informa- (2) recognizes the steps the Government of I further ask consent that the Senate Romania has taken and continues to take in tion of all Senators, tomorrow the Sen- recess tomorrow from 12:30 to 2:15 for ate will resume consideration of the economic, political, and social reforms, in- the weekly party lunches. cluding reforms to improve protections of Leavitt nomination to be Adminis- the rights of minorities and to promote The PRESIDING OFFICER. Without trator of EPA. Under the previous awareness and understanding of the Holo- objection, it is so ordered. order, there will be 1 hour of debate caust; The assistant minority leader. prior to the vote on the nomination. (3) commends Romania for its leadership Mr. REID. If the Senator will yield, I The vote on the Leavitt nomination, and commitment in promoting regional have had the opportunity today to therefore, will occur at around 10:30 peace and security in the Balkan and Black speak to the distinguished Senator Sea regions; a.m. tomorrow. That vote will be the from Kentucky on a number of issues. first vote of the day. (4) values the participation of a significant One of the things that I did not speak number of Romanian troops and civilian ex- Following the disposition of the perts in Operation Enduring Freedom and to him about—and I have had a number of inquiries on this side—is if we are Leavitt nomination, the Senate will re- Operation Iraqi Freedom, the permission sume debate on the foreign operations granted by the Government of Romania for unable to adjourn by next Friday, No- the United States to use Romanian airspace vember 7, the date that the distin- appropriations bill. There are several and territory, and the deployment of Roma- guished majority leader has suggested, amendments pending that have been nian military forces in support of Operation a real question arises as to what we are laid aside. As the chairman of that sub- Enduring Freedom and Operation Iraqi Free- going to do the Monday and Tuesday of committee, the manager of that bill, it dom, all of which have been important con- the following week. We need to have a is our hope and expectation—and I tributions to the global war on terror and know I speak for Senator LEAHY when serve as a tangible and ongoing demonstra- decision made on that real soon because it is Veterans Day and there are I say this—that we will wrap up the tion of Romania’s commitment as an ally of foreign operations bill sometime to- the United States; some parades around the country in (5) supports further cooperation between which people want to be involved. So I morrow night. There is really not a the United States and Romania in the proc- say to the distinguished majority whip flood of amendments on either side, ess of stabilizing and reconstructing Iraq, in- that if the leader could make a deci- and there is no reason we should not be cluding the utilization of Romania’s experi- sion on that as quickly as possible, able to march on through that bill to- ence emerging from a Communist dictator- many people would appreciate that. morrow and finish it up tomorrow ship and creating a functioning democracy night. and free market economy; and The PRESIDING OFFICER. The as- (6) welcomes Romanian President Ion sistant majority leader. Therefore, Senators obviously should Iliescu to the United States and looks for- Mr. MCCONNELL. Mr. President, I expect rollcall votes throughout the ward to expanded political, diplomatic, eco- appreciate that. I know the majority day tomorrow.

VerDate jul 14 2003 00:53 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00091 Fmt 0637 Sfmt 0634 E:\CR\FM\A27OC6.041 S27PT1 S13324 CONGRESSIONAL RECORD — SENATE October 27, 2003 ADJOURNMENT UNTIL 9:30 A.M. TOMORROW Mr. MCCONNELL. If there is no further business to come before the Sen- ate, I ask that the Senate stand in adjournment under the previous order. There being no objection, the Senate, at 7:37 p.m., adjourned until Tuesday, October 28, 2003, at 9:30 a.m. f CONFIRMATION Executive nomination confirmed by the Senate October 27, 2003: THE JUDICIARY DALE S. FISCHER, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALIFORNIA.

VerDate jul 14 2003 01:51 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00092 Fmt 0637 Sfmt 9801 E:\CR\FM\G27OC6.079 S27PT1 October 27, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2131 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS resolution process to reach a settle- thorize tours of the Cumberland Island Title IV of Senate Resolution 4, ment of pending class action litigation. National Seashore. agreed to by the Senate on February 4, SD–106 SD–366 1977, calls for establishment of a sys- Judiciary 10:15 a.m. tem for a computerized schedule of all To hold hearings to examine competitive Foreign Relations and economic effects of the Bowl To hold hearings to examine U.S. policy meetings and hearings of Senate com- Championship series on and off the mittees, subcommittees, joint commit- field. directions relating to Syria. tees, and committees of conference. SD–226 SH–216 This title requires all such committees 2 p.m. 2 p.m. to notify the Office of the Senate Daily Health, Education, Labor, and Pensions Judiciary Digest—designated by the Rules Com- To hold hearings to examine intellectual To hold hearings to examine monopsony mittee—of the time, place, and purpose diversity on America’s college cam- issues in agriculture, focusing on the puses. buying power of processors in the na- of the meetings, when scheduled, and tion’s agricultural markets. any cancellations or changes in the SD–430 Judiciary SD–226 meetings as they occur. To hold hearings to examine the nomina- Veterans’ Affairs As an additional procedure along tion of James B. Comey, of New York, To hold hearings to examine the nomina- with the computerization of this infor- to be Deputy Attorney General. tions of Cynthia R. Church, of Virginia, mation, the Office of the Senate Daily SD–226 to be an Assistant Secretary of Vet- Digest will prepare this information for Commerce, Science, and Transportation erans Affairs (Public and Intergovern- printing in the Extensions of Remarks Science, Technology, and Space Sub- mental Affairs), and Robert N. McFar- section of the CONGRESSIONAL RECORD committee land, of Texas, to be an Assistant Sec- on Monday and Wednesday of each To hold hearings to examine the Inter- retary of Veterans Affairs (Information week. national Space Station. and Technology). Meetings scheduled for Tuesday, Oc- SR–253 SR–418 tober 28, 2003 may be found in the Daily 2:30 p.m. 2:30 p.m. Foreign Relations Foreign Relations Digest of today’s RECORD. To hold hearings to examine challenges East Asian and Pacific Affairs Sub- MEETINGS SCHEDULED for U.S. policy toward Colombia. committee SD–419 To hold hearings to examine the current OCTOBER 29 situation in North Korea. OCTOBER 30 9:30 a.m. SD–430 Commerce, Science, and Transportation 9 a.m. Foreign Relations To hold hearings to examine the future Foreign Relations European Affairs Subcommittee of the National Aeronautics and Space To hold a closed briefing to examine U.S. To hold hearings to examine combating Administration. policy directions relating to Syria. transnational crime and corruption in SR–253 SH–219 Europe. Foreign Relations 9:30 a.m. SD–419 To hold hearings to examine the nomina- Appropriations Energy and Natural Resources tions of Margaret DeBardeleben Labor, Health and Human Services, and Water and Power Subcommittee Tutwiler, of Alabama, to be Under Sec- Education Subcommittee To hold hearings to examine S. 1097, to retary of State for Public Diplomacy, To hold hearings to examine Palestinian authorize the Secretary of the Interior Zalmay Khalilzad, of Maryland, to be education. to implement the Calfed Bay-Delta Ambassador to Afghanistan, and Lou- SD–192 Program. ise V. Oliver, of the District of Colum- 10 a.m. SD–366 bia, for the rank of Ambassador during Health, Education, Labor, and Pensions Intelligence her tenure of service as the United States Permanent Representative to Aging Subcommittee To hold closed hearings to examine cer- the United Nations Educational, Sci- To hold hearings to examine financial tain intelligence matters. entific, Cultural Organization, and to abuse and exploitation of the elderly. SH–219 be U.S. Representative to the 32nd and SD–430 3 p.m. General Conference of UNESCO. Banking, Housing, and Urban Affairs Foreign Relations SD–419 To hold hearings to examine the Treas- African Affairs Subcommittee ury Department’s report to Congress 10 a.m. Health, Education, Labor, and Pensions Health, Education, Labor, and Pensions on international economic and exchange rate policy. Children and Families Subcommittee Business meeting to consider S. 423, to To hold joint hearings to examine a re- promote health care coverage parity SD–538 Commerce, Science, and Transportation port relative to HIV/AIDS Codel to Af- for individuals participating in legal rica. recreational activities or legal trans- To hold hearings to examine the uni- portation activities, S. 1172, to estab- versal service. S–211 Capitol lish grants to provide health services SR–253 for improved nutrition, increased phys- Judiciary NOVEMBER 3 ical activity, obesity prevention, pro- Business meeting to consider pending 10:30 a.m. posed Head Start Improvement and calendar business. Governmental Affairs School Readiness Act, proposed Human SD–226 Financial Management, the Budget, and Services Reauthorization Act, proposed Energy and Natural Resources Pension Stability Act, proposed Health International Security Subcommittee Care Safety Net Amendments Tech- National Parks Subcommittee To hold hearings to examine the extent nical Corrections Act, and the nomina- To hold hearings to examine S. 1241, to and impact of alleged trading abuses in tions of Robert Lerner, of Maryland, to establish the Kate Mullany National the mutual fund industry and regu- be Commissioner of Education Statis- Historic Site in the State of New York, latory reforms necessary to mitigate tics, Leslie Silverman, of Virginia, to S. 1364, to amend the Alaska National such practices in the future. Interest Lands Conservation Act to au- be a Member of the Equal Employment SD–342 Opportunity Commission, and Stuart thorize the payment of expenses after the death of certain Federal employees Ishimaru, of the District of Columbia, NOVEMBER 5 to be a Member of the Equal Employ- in the State of Alaska, S. 1433, to au- ment Opportunity Commission. thorize the Secretary of the Interior to 9:30 a.m. provide assistance in implementing SD–430 cultural heritage, conservation, and Environment and Public Works Indian Affairs recreational activities in the Con- Business meeting to consider S. 1072, to Business meeting to consider pending necticut River watershed of the States authorize funds for Federal-aid high- calendar business; to be immediately of New Hampshire and Vermont, and S. ways, highway safety programs, and followed by a hearing on S. 1770, to es- 1462, to adjust the boundary of the transit programs. tablish a voluntary alternative claims Cumberland Island Wilderness, to au- SD–406

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

VerDate jul 14 2003 01:14 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 8472 E:\CR\FM\M27OC8.000 E27PT1 Monday, October 27, 2003 Daily Digest Senate Street in Savannah, Georgia, as the ‘‘J.C. Lewis, Jr., Chamber Action Post Office Building’’. Routine Proceedings, pages S13233–S13324 H.R. 2746, to designate the facility of the United Measures Reported: States Postal Service located at 141 Weston Street in S. 627, to prevent the use of certain payments in- Hartford, Connecticut, as the ‘‘Barbara B. Kennelly struments, credit cards, and fund transfers for unlaw- Post Office Building’’. ful Internet gambling, with an amendment in the H.R. 3011, to designate the facility of the United nature of a substitute. (S. Rept. No. 108–173) States Postal Service located at 135 East Olive Ave- H.R. 1610, to redesignate the facility of the nue in Burbank, California, as the ‘‘Bob Hope Post United States Postal Service located at 120 East Office Building’’. Ritchie Avenue in Marceline, Missouri, as the ‘‘Walt S. 1405, to designate the facility of the United Disney Post Office Building’’. States Postal Service located at 514 17th Street Mo- H.R. 1882, to designate the facility of the United line, Illinois, as the ‘‘David Bybee Post Office Build- States Postal Service located at 440 South Orange ing’’. Blossom Trail in Orlando, Florida, as the ‘‘Arthur S. 1415, to designate the facility of the United ‘Pappy’ Kennedy Post Office’’. States Postal Service located at 141 Weston Street in H.R. 1883, to designate the facility of the United Hartford, Connecticut, as the ‘‘Barbara B. Kennelly States Postal Service located at 1601–1 Main Street Post Office Building’’. in Jacksonville, Florida, as the ‘‘Eddie Mae Steward S. 1590, to redesignate the facility of the United Post Office’’. States Postal Service, located at 315 Empire Boule- H.R. 2075, to designate the facility of the United vard in Crown Heights, Brooklyn, New York, as the States Postal Service located at 1905 West Blue ‘‘James E. Davis Post Office Building’’. Heron Boulevard in West Palm Beach, Florida, as S. 1659, to designate the facility of the United the ‘‘Judge Edward Rodgers Post Office Building’’. States Postal Service located at 57 Old Tappan Road in Tappan, New York, as the ‘‘John G. Dow Post H.R. 2254, to designate the facility of the United Office Building’’. States Postal Service located at 1101 Colorado Street S. 1671, to designate the facility of the United in Boulder City, Nevada, as the ‘‘Bruce Woodbury States Postal Service located at 10701 Abercorn Post Office Building’’. Street in Savannah, Georgia, as the ‘‘J.C. Lewis Post H.R. 2309, to designate the facility of the United Office Building’’. States Postal Service located at 2300 Redondo Ave- S. 1692, to designate the facility of the United nue in Long Beach, California, as the ‘‘Stephen Horn States Postal Service located at 38 Spring Street in Post Office Building’’. Nashua, New Hampshire, as the ‘‘Hugh Gregg Post H.R. 2328, to designate the facility of the United Office Building’’. States Postal Service located at 2001 East Willard S. 1718, to designate the facility of the United Street in Philadelphia, Pennsylvania, as the ‘‘Robert States Postal Service located at 3710 West 73rd Ter- A. Borski Post Office Building’’. race in Prairie Village, Kansas, as the ‘‘Senator James H.R. 2396, to designate the facility of the United B. Pearson Post Office’’. States Postal Service located at 1210 Highland Ave- S. 1746, to designate the facility of the United nue in Duarte, California, as the ‘‘Francisco A. Mar- States Postal Service located at 339 Hicksville Road tinez Flores Post Office’’. in Bethpage, New York, as the ‘‘Brian C. Hickey H.R. 2452, to designate the facility of the United Post Office Building’’. Page S13262 States Postal Service located at 339 Hicksville Road in Bethpage, New York, as the ‘‘Brian C. Hickey Measures Passed: Post Office Building’’. Three Affiliated Tribes Health Facility Com- H.R. 2533, to designate the facility of the United pensation Act: Senate passed S. 1146, to implement States Postal Service located at 10701 Abercorn the recommendations of the Garrison Unit Joint D1175

VerDate jul 14 2003 01:23 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC3.REC D27OC3 D1176 CONGRESSIONAL RECORD — DAILY DIGEST October 27, 2003 Tribal Advisory Committee by providing authoriza- McConnell Amendment No. 1970, to express the tion for the construction of a rural health care facil- sense of the Senate on Burma. Page S13236 ity on the Fort Berthold Indian Reservation, North A unanimous-consent agreement was reached pro- Dakota, after agreeing to the committee amendment. viding for further consideration of the bill, on Tues- Page S13317 day, October 28, 2003. Page S13323 Criminal/Juvenile Justice Systems Resources: Nomination: Senate resumed consideration of the Senate passed S. 1194, to foster local collaborations nomination of Michael O. Leavitt, of Utah, to be which will ensure that resources are effectively and Administrator of the Environmental Protection efficiently used within the criminal and juvenile jus- Agency. Pages S13237–51 tice systems, after agreeing to the committee amend- A unanimous-consent agreement was reached pro- ment in the nature of a substitute. Pages S13317–22 viding that the scheduled vote on the motion to National Flood Insurance Program Reauthoriza- close further debate on the nomination be vitiated, tion Act: Committee on Banking, Housing, and and at 9:30 a.m., on Tuesday, October 28, 2003, Urban Affairs was discharged from further consider- Senate continue consideration of the nomination of ation of S. 1768, to extend the national flood insur- Michael O. Leavitt, of Utah, to be Administrator of ance program, and the bill was then passed. the Environmental Protection Agency; that there be Page S13322 60 minutes of debate equally divided; and that fol- Commending the People and Government of Ro- lowing debate, Senate vote on confirmation of the mania: Committee on Foreign Relations was dis- nomination. Page S13323 charged from further consideration of S. Res. 250, Nominations Confirmed: Senate confirmed the fol- commending the people and Government of Roma- lowing nomination: nia, on the occasion of the visit of Romanian Presi- By unanimous vote of 86 yeas (Vote No. Ex. 411), dent Ion Iliescu to the United States, for the impor- Dale S. Fischer, of California, to be United States tant progress they have made with respect to eco- District Judge for the Central District of California. nomic reform and democratic development, as well Pages S13251–53, S13324 as for the strong relationship between Romania and the United States, and the resolution was then Measures Placed on Calendar: Page S13262 agreed to. Pages S13322–23 Additional Cosponsors: Pages S13262–64 Foreign Operation Appropriations Act: Senate re- Amendments Submitted: Pages S13264–97 sumed consideration of H.R. 2800, making appro- Notices of Hearings/Meetings: Page S13297 priations for foreign operations, export financing, and related programs for the fiscal year ending Sep- Privilege of the Floor: Page S13298 tember 30, 2004, taking action on the following Text of H.R. 2989 as Previously Passed: amendments proposed thereto: Pages S13234–37 Pages S13298–S13317 Adopted: McConnell/Leahy Amendment No. 1968, to make Record Votes: One record vote was taken today. certain modifications to improve the bill. (Total—411) Pages S13252–53 Page S13234 Adjournment: Senate met at 12 noon, and ad- Pending: journed at 7:37 p.m., until 9:30 a.m., on Tuesday, DeWine Amendment No. 1966, to increase assist- October 28, 2003. (For Senate’s program, see the re- ance to combat HIV/AIDS. Page S13234 marks of the Acting Majority Leader in today’s Byrd Amendment No. 1969, to require that the Record on page S13323.) Administrator of the Coalition Provisional Authority be an officer who is appointed by the President, by and with the advice and consent of the Senate. Committee Meetings Pages S13235–36 No committee meetings were held.

VerDate jul 14 2003 01:23 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC3.REC D27OC3 October 27, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1177 House of Representatives Committee on the Judiciary: to hold hearings to examine Chamber Action the nominations of Claude A. Allen, of Virginia, to be The House was not in session today. It will meet United States Circuit Judge for the Fourth Circuit, and at 12:30 p.m. on Tuesday, October 28 for morning Mark R. Filip, to be United States District Judge for the hour debate and 2 p.m. for legislative business. Northern District of Illinois, 9:30 a.m., SR–325. Committee on Rules and Administration: to hold hearings Committee Meetings to examine the nominations of Paul S. DeGregorio, of No committee meetings were held. Missouri, Gracia M. Hillman, of the District of Colum- bia, Raymundo Martinez III, of Texas, and Deforest B. Soaries, Jr., of New Jersey, each to be a Member of the Joint Meetings Election Assistance Commission, 9:30 a.m., SR–301. INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT House Committee on Education and the Workforce, Subcommittee Conferees agreed to file a conference report on the dif- on Education Reform, hearing entitled ‘‘Financial Literacy ferences between the Senate and House passed Education: What Do Students Need To Know To Plan versions of H.R. 2691, making appropriations for For The Future?’’ 2:30 p.m., 2175 Rayburn. the Department of the Interior and related agencies Committee on Rules, to consider H.R. 2443, Coast Guard for the fiscal year ending September 30, 2004. and Maritime Transportation Act of 2003, 5 p.m., f H–313 Capitol. Committee on Ways and Means, to mark up the following COMMITTEE MEETINGS FOR TUESDAY, bills: H.R. 2896, American Jobs Creation Act of 2003; OCTOBER 28, 2003 and H.R. 2571, Rail Infrastructure Development and Ex- (Committee meetings are open unless otherwise indicated) pansion Act for the 21st Century, 9 a.m., 1100 Long- worth. Senate Permanent Select Committee on Intelligence, executive, hear- Committee on Commerce, Science, and Transportation: to ing on Global War on Terrorism, 2 p.m., H–405 Cap- hold hearings to examine dietary supplements, 9:30 a.m., itol. SR–253. Committee on Foreign Relations: to hold a closed briefing Joint Meetings to examine security threats and U.S. policy in relation to Conference: meeting of conferees on H.R. 3289, mak- Iran, 9 a.m., SH–219. ing emergency supplemental appropriations for defense Full Committee, to hold hearings to examine security and for the reconstruction of Iraq and Afghanistan for the threats and U.S. policy in relation to Iran, 10:15 a.m., fiscal year ending September 30, 2004, 2:30 p.m., HC–5, SH–216. Capitol.

VerDate jul 14 2003 01:23 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC3.REC D27OC3 D1178 CONGRESSIONAL RECORD — DAILY DIGEST October 27, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, October 28 12:30 p.m., Tuesday, October 28

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Monday: The House will meet at 12:30 of the nomination of Michael O. Leavitt, of Utah, to be p.m. for morning hour debate and 2 p.m. for legislative Administrator of the Environmental Protection Agency, business. with a vote on confirmation of the nomination to occur at approximately 10:30 a.m.; following which Senate will continue consideration of H.R. 2800, Foreign Operations Appropriations Act. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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