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

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

Vol. 149 WASHINGTON, FRIDAY, NOVEMBER 7, 2003 No. 161 House of Representatives The House met at 9 a.m. and was THE JOURNAL the most important pieces of legisla- called to order by the Speaker pro tem- The SPEAKER pro tempore. The tion, the Department of Defense au- pore (Mr. LATOURETTE). Chair has examined the Journal of the thorization bill conference report, which my friends, the gentleman from f last day’s proceedings and announces to the House his approval thereof. California (Mr. HUNTER) and the gen- DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- tleman from Missouri (Mr. SKELTON), PRO TEMPORE nal stands approved. will be managing, I would like to take this 1-minute to talk about a different The SPEAKER pro tempore laid be- f fore the House the following commu- issue, and that is the report that we nication from the Speaker: PLEDGE OF ALLEGIANCE got this morning of the improvement WASHINGTON, DC, The SPEAKER pro tempore. Will the in our Nation’s unemployment rate. November 7, 2003. gentleman from Tennessee (Mr. DUN- We are so gratified that the policies I hereby appoint the Honorable STEVEN C. CAN) come forward and lead the House that President Bush has put forward LATOURETTE to act as Speaker pro tempore in the Pledge of Allegiance. are working. We obviously have a long on this day. Mr. DUNCAN led the Pledge of Alle- way to go, but based on the numbers as J. DENNIS HASTERT, giance as follows: Speaker of the House of Representatives. they used to exist, a 6 percent unem- I pledge allegiance to the Flag of the ployment rate, which is where we are f United States of America, and to the Repub- today, used to be considered full em- lic for which it stands, one nation under God, ployment. Now, we obviously in the PRAYER indivisible, with liberty and justice for all. last several years have seen it drop to The Chaplain, the Reverend Daniel P. f the 4 percent level, and we want it to Coughlin, offered the following prayer: ANNOUNCEMENT BY THE SPEAKER get there. We bless You and praise You, Lord PRO TEMPORE God, for the colorful season of autumn. But, Mr. Speaker, with the report of As the days grow shorter and the light The SPEAKER pro tempore. The a 126,000 increase, nearly triple what dims, we face the inevitable winter. Chair will entertain up to five 1-min- had been estimated in the payroll num- Among the falling leaves You seed the utes per side. bers, we are on the track; and our poli- Earth with hidden life. Amidst the f cies of reducing the tax burden on dying You are already planting a fu- working Americans to encourage eco- ture. Washed deep by rain and snow, THE ECONOMY nomic growth and, yes, Mr. Speaker, You nurture the promise. Help us to (Mr. DREIER asked and was given our goal of free trade, opening up new live through our abandonment to Your permission to address the House for 1 markets for U.S. goods and services loving providence, that the sacrificial minute and to revise and extend his re- around the world and ensuring we have plans and the decisive ideas of this marks.) the opportunity for imports to come Congress may flourish with new life for Mr. DREIER. Mr. Speaker, as we pre- here, are beginning to pay off. Let us America. Amen. pare this morning to deal with one of make sure that we stay on that track.

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VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A07NO7.000 H07PT1 H10982 CONGRESSIONAL RECORD — HOUSE November 7, 2003

DEMOCRACY BUILDING manufacturing sector of our economy, jobless claims dropped to a 21⁄2-year (Mr. SNYDER asked and was given which is important to so many States, low, further signifying the success of permission to address the House for 1 including my home State of Michigan, the Republican tax relief championed minute and to revise and extend his re- appears to be turning around with a by President George W. Bush. This fol- marks.) vengeance. lows last week’s historic news that the Mr. SNYDER. Mr. Speaker, Stephen October’s indices showed manufac- economy is growing at the highest rate Kinzer, in his book, ‘‘All the Shah’s turing expanding more rapidly than at in nearly 20 years, as the GDP grew by Men,’’ describes the events of the over- any time since January of 2000. The re- 7.2 percent in the last quarter. Last week was the fourth straight throw of the Iranian Government in port also showed new orders for manu- week in which jobless claims were 1953 in a coup staged by the United factured goods, the key to future below 400,000, as claims dropped to States and the British. President Tru- growth, are at their highest levels 348,000. In headlines across America man did not support overthrowing the since 1999. Overall construction spending has reached its highest level ever. today, Federal Reserve Chairman Alan government of Prime Minister Greenspan said of the decrease in job- Mossadeq. In this picture taken in 1951 Existing home sales are at record highs. And, of course, this morning we less claims, that ‘‘the odds increasingly here in Washington, D.C., you can see favor a revival in job creation.’’ As his relationship with Mossadeq, who he got the greatest news of all: unemployment fell in October and the economy Democrats continue to try to talk respected as a nationalist. However, down the economy, the news of the re- the Eisenhower government came in, created 126,000 new jobs. Every American should be happy. covery is just too clear to ignore: President Eisenhower supported the 126,000 new jobs in October were an- coup, and the government was over- The Bush tax cuts are working; the economy is on the rise. But what is the nounced this morning. thrown in 1953. Republican policies of tax relief, fis- I thought of these events on hearing response to all this good news from my friends on the other side of the aisle? cal discipline, corporate account- the President’s speech yesterday call- ability, and national defense to protect ing for the spread of democracy in the More pessimism. More gloom and doom. Mr. Speaker, I am beginning to American families from terrorists have Middle East. Stephen Kinzer in his restored our Nation’s confidence and interviews with Iranians asked them in wonder if they view good economic news as good news at all. promoted a healthy business environ- the past what they had thought of ment. American overtures talking about de- f In conclusion, God bless our troops. mocracy in Iran, and their response DISABLED VETERANS TAX f was we had a democracy, but you (Mr. DEFAZIO asked and was given Americans overthrew it. THE ECONOMY permission to address the House for 1 We all support democracy and demo- (Mr. KINGSTON asked and was given minute and to revise and extend his re- cratic ideals, but when it comes to re- permission to address the House for 1 marks.) making societies, Mr. Speaker, we minute and to revise and extend his re- Mr. DEFAZIO. Mr. Speaker, the dis- marks.) should approach this with humility, re- abled veterans tax: more than one-half alism, and a sense of history. Mr. KINGSTON. Mr. Speaker, the million disabled veterans, career mili- economy is turning around: a 7.2 per- f tary, have their disability benefits off- cent growth last quarter in the gross LT. COLONEL WEST SHOULD BE set dollar for dollar against their re- domestic product, the largest since GIVEN MEDAL, NOT COURT tirement. What does that mean? It Ronald Reagan cut taxes in 1984. The MARTIALED means a retired master sergeant, 100 jobless claims have fallen. More people percent disabled, is taxed at a rate of 50 are working than ever before. Produc- (Mr. DUNCAN asked and was given percent. permission to address the House for 1 tivity has increased. Tax cuts work. Now, the President rushed through Why do they work? Because the more minute and to revise and extend his re- relief for millionaires who had to pay a marks.) money a worker has in his pocket, the tax of 35 percent on the dividends they more money he is going to spend. When Mr. DUNCAN. Mr. Speaker, this com- clipped off their stocks, and this House ing Monday, Lt. Colonel Allan West is he goes out and buys more clothes, accommodated that, but he says there tires, or hamburgers, small businesses scheduled to face an article 32 hearing is no money to help out those disabled to see if he should be court martialed. react by expanding their inventory. veterans. We cannot afford, the Presi- When they do that, they also hire more Colonel West is accused of threat- dent says, to offset or reduce that tax ening an Iraqi prisoner. According to employees. When more people have or eliminate that unfair tax on our dis- jobs, more people are working, more news reports, Colonel West shot his abled veterans. handgun into a firing barrel and also people pay taxes, and less people are Well, that is pretty strange when we dependent on government welfare fired it near this prisoner. He did not can do that for millionaires and bil- harm the prisoner in any way, but he checks. lionaires; but somehow, as Veterans’ Tax cuts work. The best solutions are apparently scared him into giving in- Day comes upon us, we can only give a always seen in the private sector and formation that foiled an attack on tiny bit of relief phased in over 10 years not in government. I hope the next American soldiers. to some of these veterans who are sub- time when we have an opportunity to If these news reports are accurate, jected to this outrageous tax, despite make these tax cuts permanent that Colonel West saved many American the fact that almost every Member of we can get the Democrats, particularly lives. This is a man who has served the House is a sponsor of a bill to to- those in the other body, to join us in honorably for almost 20 years in the tally repeal it. But they are afraid to making these tax cuts a permanent United States Army. He should not be put their names from the Republican part of our Tax Code. court martialed. He should be given a side on a petition to force that bill to f medal for saving American lives. the floor of the House. f Sign the petition. Have the guts to CONFERENCE REPORT ON H.R. 1588, deliver for your veterans. NATIONAL DEFENSE AUTHORIZA- ECONOMIC GROWTH TION ACT FOR FISCAL YEAR 2004 f (Mrs. MILLER of Michigan asked and Mrs. MYRICK. Mr. Speaker, by direc- REPUBLICAN TAX RELIEF SPURS was given permission to address the tion of the Committee on Rules, I call JOB CREATION House for 1 minute and to revise and up House Resolution 437 and ask for its extend her remarks.) (Mr. WILSON of South Carolina immediate consideration. Mrs. MILLER of Michigan. Mr. asked and was given permission to ad- The Clerk read the resolution, as fol- Speaker, if we needed any more proof dress the House for 1 minute and to re- lows: of an improving economy following vise and extend his remarks.) H. RES. 437 last week’s outstanding economic Mr. WILSON of South Carolina. Mr. Resolved, That upon adoption of this reso- growth figures, we just got it. The Speaker, yesterday we learned that lution it shall be in order to consider the

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.003 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H10983 conference report to accompany the bill America’s all-volunteer armed services erans Administration beginning Janu- (H.R. 1588) to authorize appropriations for and the families that support them. ary 1, 2004. Over the next 10 years, this fiscal year 2004 for military activities of the The pay raise will cut the pay gap be- bill will provide concurrent receipt to Department of Defense, for military con- tween military and civilian jobs from more veterans than have ever been cov- struction, and for defense activities of the Department of Energy, to prescribe per- 6.4 to 5.5 percent. This will be the fifth ered by current law. Our veterans have sonnel strengths for such fiscal year for the consecutive year that pay raises have given deeply and heroically, and it is Armed Forces, and for other purposes. All exceeded that of the private sector. only fair we recognize their service. points of order against the conference report For our active soldiers, the conferees So let us pass this rule and pass the and against its consideration are waived. increased the rates of special pay for underlying defense authorization con- The conference report shall be considered as those subject to hostile fire and immi- ference report. At the end of the day, read. nent danger worldwide from $150 a we will be making our homeland safer, The SPEAKER pro tempore. The gen- month to $225 per month for the period and we will be supporting our sons and tlewoman from North Carolina (Mrs. beginning October 1 of 2003, through daughters serving in our military. We MYRICK) is recognized for 1 hour. December 31 of 2004. are also preparing for war, thereby en- Mrs. MYRICK. Mr. Speaker, for the We also want to acknowledge where suring victory. At this crucial time in purposes of debate only, I yield the cus- these active soldiers get the source of our history, this bill is most impor- tomary 30 minutes to the gentleman their strength. It is from their families tant. from Texas (Mr. FROST), pending which here at home. And we are increasing Mr. Speaker, I reserve the balance of I yield myself such time as I may con- the family separation allowance for my time. sume. During consideration of this res- servicemembers with dependents from Mr. FROST. Mr. Speaker, I yield my- olution, all time yielded is for the pur- $100 a month to $250 a month for the self such time as I may consume. pose of debate only. period October 1 this year through De- (Mr. FROST asked and was given per- This morning, the Committee on cember 31 of 2004. mission to revise and extend his re- Rules met and granted a normal con- I also want to take a moment to per- marks.) ference report rule for H.R. 1588, the sonally thank the gentleman from Mr. FROST. Mr. Speaker, for all of Defense Authorization Act for Fiscal California (Mr. HUNTER) for tirelessly my 25 years in this Congress, I have Year 2004. The rule waives all points of fighting for the solid ‘‘Buy American worked to strengthen America’s mili- order against the conference report and Provisions’’ that are included in this tary and to increase our national secu- against its consideration. conference report. That is extremely rity. Like other defense proponents on In addition, the rule provides for 1 important to my State of North Caro- both sides of the aisle, I have bent over hour of debate equally divided and con- lina. backwards to put politics aside and trolled between the chairman and The ongoing war on terrorism dic- work together to support America’s ranking minority member of the House tates the need to have reliable domes- men and women in uniform. Committee on Armed Services. tic sources of weapons and equipment. For instance, nearly 18 months ago, I Mr. Speaker, this should not be a Unfortunately, fewer American compa- introduced the Citizenship for Amer- controversial rule. It is the type of rule nies are designing and manufacturing ica’s Troops Act, a bill to help U.S. we grant for every conference report the components and materials used in troops who are legal immigrants by we consider in the House. And I want our military systems, as the U.S. in- easing the costly and burdensome ob- to especially give my thanks to the dustrial base is becoming more depend- stacles that they face in the current chairman and ranking member of this ent on foreign sources. And this is a citizenship process. Working with committee, because they have done a disturbing factor to me, as I know it is Democrats and Republicans in the phenomenal job with this bill. It is a to the gentleman from California House and the Senate, a good com- bill that sets an example for the rest of (Chairman HUNTER). We have got to be promise was finally reached, one that the committees in the House as far as able to produce these equipment needs is in this defense authorization con- working together and doing what is here in the United States so we are not ference report. It is not perfect, but it right for the country and what is right at the mercy of some other country if does provide much-needed relief to the for our servicemen. they decide for some reason to cut us more than 37,000 patriotic legal immi- This legislation firmly shows our off. grants on active duty in the U.S. mili- commitment to restoring the strength However, I am very disappointed, and tary, brave men and women who have of our Nation’s military. The conferees I know the chairman is too, that the been fighting and dying for a country authorize $400.5 billion in budget au- conference report did not include a key in which they could not even vote. thority for the Department of Defense provision that was passed by the House This kind of cooperation and biparti- and the national security programs of that would ensure that all the compo- sanship approach, Mr. Speaker, is fun- the Department of Energy, which nents of the Department of Defense damental to our efforts to keep Amer- matches the President’s request. uniforms come from American compa- ica’s military strong, especially at a The legislation authorizes the fund- nies. The language specifically worked time when so many Americans are losing necessary to defend the Nation and to more adequately cover domestic tex- ing faith in President Bush’s ability to our interests around the globe. It con- tiles and leather industries. win the peace in Iraq. tains important provisions, such as I would also like to congratulate my While this conference report offers concurrent receipt pay for the Nation’s good friend and colleague on the Com- much to be proud of, Mr. Speaker, like veterans, commonsense environmental mittee on Rules, the gentleman from the military pay raise and health care reforms allowing our troops to properly Washington (Mr. HASTINGS), for author- benefits for the National Guard and Re- train, and important new benefits for ing the 1-year citizenship provision for serves that Democrats have fought for, military personnel and their families. our valiant servicemen and women. It it also demonstrates how bipartisan- The Iraqi conflict and our continuing reduces the length of service require- ship is becoming increasingly rare war on terrorism have brought a re- ment for naturalization to 1 year. And under this all-Republican government. newed and proper focus on national de- I would also like to note that the rank- During the conference committee ne- fense. We owe much to our men and ing member on the Committee on gotiations on this bill, Republican women in uniform; and their success in Rules, the gentleman from Texas (Mr. leaders shut out Democrats, including Iraq and Afghanistan is a testament to FROST), worked hard on this issue as the distinguished ranking member of their bravery, training and equipment, well. the Committee on Armed Services, the and their commitment to defend our On a positive note, I am extremely gentleman from Missouri (Mr. SKEL- freedoms. It is the means by which we pleased and proud that H.R. 1588 estab- TON), on some key areas of the con- meet our commitment to provide them lishes a payment program to simulta- ference. And the gentleman from Mis- a decent quality of life with an across- neously compensate disabled military souri will speak about those in more the-board 4.15 percent increase for retirees who were injured in combat for length. This is part of a clear and dan- military personnel, so as to sustain the their full retirement pay from DOD and gerous pattern by Republican leaders. commitment and professionalism of disability compensation from the Vet- We have seen it on the energy bill, the

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.002 H07PT1 H10984 CONGRESSIONAL RECORD — HOUSE November 7, 2003 Medicare bill, and the FAA bill; but it The conference report also builds on Mr. DREIER. Mr. Speaker, I rise in is extraordinarily disappointing to see our efforts to support the National strong support of this rule and the un- America’s national defense policy Guard and Reserves, who bear more derlying conference report which we treated in such a partisan manner. and more of the burden of defending are going to consider this morning. Moreover, the conference report America at home and abroad. For in- I want to begin by thanking my itself contains several provisions where stance, it ensures that when the Ready friend, the former mayor of Charlotte, Republican idealogy clearly trumped Reserves serve in areas where those on the gentlewoman from North Carolina solid national defense policy. In the inactive duty get hazardous duty pay, (Mrs. MYRICK), for the fine work she terest of time, I am going to just men- they will too. And if members of the has done not only in managing this tion three examples. Ready Reserve cannot get health insur- rule but her important support of pro- First, why will President Bush and ance through their employer, it gives visions in this measure dealing with the Republicans not listen to the vet- them access to the same TRICARE sys- concurrent receipt, making sure that erans and Democrats who are fighting tem that serves the military. those veterans who have been wounded to repeal the disabled veterans tax? Additionally, Mr. Speaker, I am and suffered will also receive their re- Right now it penalizes nearly 560,000 pleased that the conference report in- tirement pay. This I know was a very disabled veterans, denying them $3 bil- cludes my own legislation to make life high priority for her. She also was very lion in military retirement benefits easier for the Guard and Reserves, both involved, Mr. Speaker, in addressing each year. As the American Legion has active duty and retirees, and their fam- the Buy American Provision, which my said, Mr. Speaker, the right thing to do ilies, by allowing them unlimited ac- very dear friend and classmate, the is repeal the tax for all service-disabled cess to commissaries. They and their gentleman from California (Mr. military retirees. Democrats have pro- families are making great sacrifices for HUNTER), the chairman of the com- posed a plan to do that; but Repub- this Nation and they deserve our sup- mittee, has pursued. And I believe that licans, led by President Bush, continue port. we have come to a reasonable com- to block it. In fact, in this bill, Repub- Finally, the bill continues to make promise on it. licans refuse to help almost 70 percent important investments in the wide I am not in total agreement with the of those disabled veterans, Mr. Speak- range of weapons that ensure Amer- gentleman on this provision, at least er. ica’s military superiority throughout the way he had originally had it, be- So when Republican Members are at the world. It includes full funding of cause I believe we need to focus on en- home for Veterans’ Day celebrations $4.4 billion for the F–35 Joint Strike suring we get the best quality product next week, I hope they will be honest Fighter, the next generation multirole at the lowest possible price for our tax- with the people about the provisions in fighter of the future for the Air Force payers. But at the same time, obvi- this bill which provide only partial re- and the Navy and the Marines. It fully ously, we do want, as a first choice, to lief to only a fraction of America’s dis- funds the F/A–22 Raptor aircraft, the focus on, in the area of machine tools abled veterans. I hope they will explain high-technology air dominance fighter and other areas, American workers and that they did not think they could af- for the Air Force, by providing $3.5 bil- American job opportunities here. I want to say that there is another ford to restore military retirement lion for 22 planes, and it includes the provision that my friend, the gen- benefits to 390,000 disabled veterans be- full $1.2 billion needed for the V–22 Os- tleman from Washington State (Mr. cause they spent so much of the U.S. prey aircraft. HASTINGS), worked on, and I know the Treasury on tax breaks for the wealthi- Mr. Speaker, all these important gentleman from Texas (Mr. FROST) est few. prodefense provisions have strong bi- worked on as well, which is very impor- Second, does anyone really believe partisan support. They reflect the long- tant, and that is to ensure that we pro- that national security requires that we standing commitment of Democrats vide citizenship to those who have gut landmark environmental protec- and Republicans to work together to risked their lives and fought on behalf tions? Of course not. But rolling back ensure the U.S. military has the re- of the interests of the United States of America’s environmental protections sources it needs. That is the type of bi- America. I am pleased that the con- is a Republican priority. So Repub- partisanship and cooperation that our licans stuck into this bill provisions ference has in fact chosen to follow the national security policy requires. It direction of this House in ensuring that that attack the Endangered Species builds strong public support for a U.S. we have brought about the Hastings Act and the Marine Mammal Protec- foreign policy here at home and en- language on this. We know that Presi- tion Act. sures our troops have the resources dent Bush strongly supports this as And, third, is it really necessary to they need to do the dangerous job we weaken the workplace protections of well, and I would like to congratulate ask of them. him on this. 746,000 patriotic Americans employed Unfortunately, Mr. Speaker, Repub- at the Pentagon, the same people who lican leaders seem to have forgotten b 0930 responded so courageously to the Sep- these lessons. And the President too Mr. Speaker, this legislation is very tember 11 attack on that building? And often ignored them in the run-up to the important. As we opened the Com- is it really necessary to eliminate the war in Iraq, which is a big reason it mittee on Rules meeting at 7 o’clock rules prohibiting patronage at the Pen- will be so hard to restore President this morning, I said that if you look at tagon? Of course not. But gutting im- Bush’s credibility and the public’s con- most of the things that we do here in portant worker rights is another key fidence in his ability to win the peace Washington, D.C., most all of them can Republican priority, and they are in Iraq. The American people deserve be handled by State and local govern- shamefully using this national defense better than that, and so do our troops ments. We are obviously involved in bill to do it. in the field. I urge my Republican health care and education and a wide Fortunately, Mr. Speaker, there are friends to remember that, especially as range of areas, but clearly those are some areas of this conference report U.S. troops and U.S. taxpayers con- things that can be handled at the local where bipartisanship and sound defense tinue to shoulder almost the entire level. There is really one preeminent policy have prevailed. These include burden for rebuilding Iraq. issue that cannot be handled by a city, the substantial quality-of-life improve- Mr. Speaker, I reserve the balance of a county or a State government, and ments that Democrats have fought for. my time. that happens to be the overall security Those include a 4.1 percent increase in Mrs. MYRICK. Mr. Speaker, I am of the United States of America and basic pay for all members of the Armed very pleased to yield such time as he our interests overseas. And that is why Forces, plus targeted increases for mid- may consume to the gentleman from I feel as a Member of this body very grade and senior noncommissioned offi- California (Mr. DREIER), our distin- fortunate to have both the gentleman cers and select warrant officers to en- guished chairman of the Committee on from California (Mr. HUNTER) and the hance retention. And they also include Rules. gentleman from Missouri (Mr. SKEL- an increase in imminent-danger pay (Mr. DREIER asked and was given TON) working hard to ensure that we and the family separation allowance permission to revise and extend his re- have the very, very best defense for our for U.S. troops serving in harm’s way. marks.) Nation.

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.006 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H10985 Now, I want to say that as I listened Mr. FROST. Mr. Speaker, I yield 1 beach area. They can only do that to my friend from Dallas go through minute to the gentleman from Missouri practice in a very, very limited area of his prepared statement on this he did (Mr. SKELTON), the ranking member on about one kilometer because of envi- end by talking about the fact that the Committee on Armed Services. ronmental considerations. And if you Democrats and Republicans alike stand Mr. SKELTON. Mr. Speaker, I rise in go to bases around the country, rifle together in support of a strong defense, support of the rule and thank the gen- ranges, air space for our Air Force and but I have to disabuse my colleagues of tlewoman from North Carolina (Mrs. our other services to undertake inte- the notion that was made that some- MYRICK) and the gentleman from Texas grated training with multiple aircraft, how Republicans are interested in gut- (Mr. FROST) for presenting it this all of that is being hindered and ob- ting worker rights, murdering our en- morning. structed because of a collision with our vironment. Nothing could be further This was a difficult bill, and shortly environmental laws. from the truth, Mr. Speaker. we will talk about some bumps along Now, we have an answer to that, and I will state that when it has come to the way. But, Mr. Speaker, we are at the answer is a management plan the environmental issues, and I know war. We must do our very best, and I called an inramp, and that is where the the gentleman from California (Mr. think we have done a good job as it re- military gets together with State Fish HUNTER) will get into this as he has in lates to the troops of the United States and Wildlife and Federal Fish and our meeting upstairs this morning and of America. They are superb. They are Wildlife and they make an agreement. he has repeatedly here in the well, he doing a good job. We must pay respect They make an agreement and they say, has talked about the responsibility to to them legislatively as well as to their okay, the habitat for the gnatcatcher ensure that our men and women in uni- families legislatively, and I think we will be over here, we will set aside this form are not playing second fiddle to have done that by the various items. 400 acres, and the Marines will have some obscure environmental priorities The family separation allowance, the this area for rifle training or the Army that one has. This measure, in fact, combat pay, the pay raise and all of will have this area for tank training or pursues a very balanced approach to these personnel items that we touched the Air Force will have this area for environmental issues. upon is our way of saying thanks for a aircraft training. Similarly, this notion that we some- good job well done. Once you make that agreement and how want to plunder workers rights, So I support this rule. In the process you put it in place, it is not open for that we want to gut the rights of work- I want to express my deep appreciation groups to come in and sue under the ers, again, nothing could be further to everyone in uniform and to those Endangered Species Act to close down from the truth. This measure pursues a families who support those in uniform. that rifle range, to close down that very balanced approach which focuses And, sadly, we have lost some and I tank range, to close down that air on worker rights. And so I want to say hope that this is some consolation that space that is so vital so that our people that I believe this measure is going to we continue to support the American can survive in theaters like Iraq and pass with strong bipartisan support. men and women who are wearing the Afghanistan. As the gentlewoman from North uniform of the United States of Amer- So this is offered under the propo- Carolina (Mrs. MYRICK) pointed out, ica. sition that the real endangered species the issue of concurrent receipts is im- Mrs. MYRICK. Mr. Speaker, I yield 6 here is a 19-year-old Marine rifleman portant for us to address, especially as minutes to the gentleman from Cali- who needs the very best training that Members prepare to go back to their fornia (Mr. HUNTER), the distinguished he can get here at home before he States and districts and talk about the chairman of the Committee on Armed projects American power overseas, and important sacrifice that has been made Services. in this bill we put together this bal- and, of course, as we think today, and Mr. HUNTER. Mr. Speaker, I thank ance between conservation and mili- the gentleman from Missouri (Mr. the gentlewoman for yielding me time. tary requirements. SKELTON) was the first one to report Let me congratulate my colleague, Also, with respect to allowing our this to us in the Committee on Rules the gentleman from Missouri (Mr. submariners to utilize the best of their this morning, we heard the tragic news SKELTON), my good partner on the sonar devices that will keep them alive overnight of a Black Hawk helicopter Committee on Armed Services, and all when they are in the littorals, in shal- that was downed and the loss of six the Members, Republican and Demo- low water areas around the world, lives. We continue to live in a very dan- crat, who helped to put this bill to- where they will be faced with very gerous world. And the chairman of the gether. I want to thank the gentle- quiet diesel submarines which are now Permanent Select Committee on Intel- woman from North Carolina (Mrs. being proliferated in certain adver- ligence, the gentleman from Florida MYRICK), the chairman on the com- saries’ navies. We say that, whereas be- mittee, the gentleman from California fore the standard was that if a mam- (Mr. GOSS), I think made a point very clearly in our hearing this morning and (Mr. DREIER), who gave us a lot of time mal, maybe a sea lion, was potentially that is that we need to take action and attention, and all the members of disturbed that military training could now. We want to make sure that the the Committee on Rules. not take place in his neighborhood. conflict exists there and not here, and Let me just say a word or two about Now we say he has to actually be sig- that is why this legislation is so impor- what this bill does because this bill nificantly disturbed. He has to actually tant, so that we can in fact deal with makes what I consider to be some be disturbed or that disturbance has to those who want to do us in. sweeping reforms and it is a great bill. be significant enough to alter the way The training that continues to take It covers a number of major areas, and he migrates or feeds or the way he goes place in the madrasas, which is along with what I call the ‘‘people about his daily life. virulently opposed to the United States issues’’; that is, the pay raise that has So we are trying to give as much and our Western values, the other kind been mentioned, the additional monies value to the sailors’ survival as we of terrorist activity that we are seeing, for housing that brings down the have given to the sea lions’ survival. I we have to be prepared to deal with amount that a service member has to think that is a good balance. In this that. pay out of their pocket, all of the case we put the sailor ahead of the sea Lives are being lost on a regular things that go to quality of life for per- lion. I think the American people want basis because of this battle against sonnel. It also covers some major areas that. international terrorism, but with pas- that have needed reform. With respect to personnel, right now sage of this legislation we will be able One aspect of that is what I call free- we are facing a war that is a new war. to diminish the threat of loss of life dom to train, and today if you go to a It is a war in which we see terrorists and ensure that our men and women in place like Camp Pendleton, I have used with high technology. We have to be uniform are equipped and compensated that as an example, it has some 17 flexible. We have to move quickly, and to deal with this very, very serious miles of shoreline. Only a very small that involves people who not just wear issue. area can actually be utilized for Ma- the uniform of the United States, it Mr. Speaker, I urge strong support of rines who basically practice Iwo Jima. also involves people who wear the civil this rule and the conference report. They practice assaulting a defended service uniform.

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.008 H07PT1 H10986 CONGRESSIONAL RECORD — HOUSE November 7, 2003 So we are empowering Mr. Rumsfeld intelligence must be addressed now. A from corrosion and have high mainte- with the ability to reshape his civil ‘‘lessons learned’’ study cannot await nance costs. So the KC–135 must be re- service so that instead of taking 4 or 5 the conclusion of David Kay’s ongoing placed, and this is good news because or 6 months to go through the bureauc- WMD search. Regardless of what he this defense authorization conference racy to qualify a civil servant to work finds, there were problems with collec- report does that. at a job so you get to the point where tion, analysis and the way policy mak- But, Mr. Speaker, I would like to you just direct a sergeant to go do it ers used the information. place the House on notice that we will and he salutes and goes and does it, we I strongly support this bill’s require- have to correct some of the problems will now be able to quickly move civil ment of an Iraq ‘‘lessons learned’’ re- that have been created by this agree- servants into that job. We will be able port by the Department of Defense due ment in the current legislation. The to hire them quickly, and when people March 31 of next year. As a conferee on conference report changes the original show an extraordinary ability to work the intelligence authorization bill, I plan for the KC–767. It changes the de- and an enthusiasm and dedication that plan to push for an interim ‘‘lessons livery rate and purchasing method that rises above the community, that they learned’’ report from the Intelligence was supposed to save approximately $4 will be rewarded for that. And we have Community on the same date as the billion, an estimated $4 billion, but the tested these ideas in pilot projects military’s report is due, and I hope short-term plan was shortsighted. It around the country, and the members that the gentleman from Florida does create a long-term problem. I will who have participated in the pilot (Chairman GOSS) will join me in this submit for the RECORD the letter from projects have voted that they like it. request. Deputy Secretary of Defense Paul So we are undertaking important re- Mrs. MYRICK. Mr. Speaker, I yield 4 Wolfowitz outlining the plan to change forms in this bill. We are giving the minutes to the gentleman from Kansas the delivery schedule for the first 100 military the tools they need to fight (Mr. TIAHRT). aircraft. It essentially changes it from this new type of war. I would urge ev- Mr. TIAHRT. Mr. Speaker, I thank a 20-per-year delivery rate to a 12-per- eryone to support the rule and support the gentlewoman from North Carolina year delivery rate. the bill. (Mrs. MYRICK) for yielding me time. When we assume the total program of Mr. FROST. Mr. Speaker, I yield 3 Mr. Speaker, I also want to thank 400 aircraft, instead of ending this pro- minutes to the gentlewoman from Cali- the chairman of the Committee on gram in fiscal year 2025, it will now end fornia (Ms. HARMAN). Armed Services, the gentleman from in fiscal year 2039. That moves the mid- Ms. HARMAN. Mr. Speaker, I thank California (Mr. HUNTER), who has just point of this entire program 7 years to the gentleman for yielding me time. gone through very difficult negotia- the right. If we assume an average cost Mr. Speaker, as the ranking member tions at a very difficult time. Some of $150 million per aircraft and a 5 per- of the House Permanent Select Com- Members may not know that he lost cent inflation rate, that is for in- mittee on Intelligence, I am a conferee his home to the California wildfires creased labor cost, increased material on the Defense Authorization Act. Vir- that swept through southern Cali- cost, increased cost of money, it raises tually all of the funding for intel- fornia. So I thank the gentleman from the cost of the entire program by 40.7 ligence is contained in this bill. California (Mr. HUNTER). percent. So instead of 60 billion over 21 This bill is far from perfect. Like a This is good news. This defense con- years for the KC–767 program, the Fed- number of conferees, I am enormously ference report is good news for our eral Government will have to spend ap- concerned about developing bunker young men and women who serve in proximately $84.4 billion over 35 years. buster nuclear weapons, weakening the Armed Services and are required to What needs to be done? We are going nonproliferation programs, and an as- carry out the will of this Nation over- to address the delivery schedule. It sault on collective bargaining, all of seas. We want to give them the tools must be accelerated so that we can which is unfortunately part of this leg- necessary so they can do their job and reach an optimum production rate and islation. come home safely to their families, and a lower cost per aircraft. We also need Nonetheless, I signed the conference this bill provides many of the tools to provide adequate budget authority report and I intend to vote for final necessary for that to happen. It is also to serve the taxpayers with significant passage. The lives of American sol- good news for our veterans in address- reduction in the cost of this program diers, sailors, airmen and women, Ma- ing the issue of concurrent receipts. by accelerating the production rate. rines and civilians are on the line in It is also very good news for the KC– But over all, Mr. Speaker, this is a Iraq and in the global war on ter- 767 program. This is a critical part of very good conference report, and it is rorism. Accurate and actionable intel- our defense program and it completes going to be something that is going to ligence is vital if we are to prevail, and the circuit for the start of a new pro- help our young men and women as well I intend to do everything I can to program in fulfilling a great need by re- as veterans. I support the rule, and I vide our forces with the best intel- placing our KC–135’s, the tanker fleet support the defense conference report. ligence possible. that we currently have. DEPUTY SECRETARY OF DEFENSE, The funds in this bill meet important Washington, DC, November 5, 2003. intelligence needs vital to our Nation’s b 0945 Hon. JOHN WARNER, security and, in contrast to the recent For those who are not familiar with Chairman, Committee on Armed Services, the KC–135, this is basically a gas sta- U.S. Senate, Washington, DC. $87 billion supplemental, these funds DEAR MR. CHAIRMAN: Thank you again for come through the regular budget proc- tion in the sky. It refuels other air- your consideration of the Department of De- ess. craft, and it is a very necessary link in fense’s proposal to lease 100 KC–767A air- Still, the following needs to be said: projecting power for this country. Af- craft. As you know, there has been a vig- The Permanent Select Committee on ghanistan and Iraq once again con- orous debate on the best way to get this pro- Intelligence on a bipartisan basis has firmed the necessity that in today’s gram started. Your most recent amendment identified serious shortcomings in the war on terrorism, we must have tank- would allow the Air Force to lease no more prewar intelligence on Iraq’s weapons ers to fulfill the role of carrying out than 20 of the 100 tankers. The Air Force has and projecting power. The problem has developed a proposal to implement that ar- of mass destruction and ties to ter- rangement, and I hope that you will find it rorism. Sketchy and often circumstan- been that they are an aging fleet. The acceptable. tial evidence produced estimates that average age of the KC–135s is 43 years. Our proposal strikes a necessary balance likely were substantially wrong. At a Can the Members imagine, Mr. Speak- between the critical need for new air-refuel- minimum, I believe the Intelligence er, coming back and forth to work in a ing tankers and the constraints on our budg- Community overstated the strength of 1960 automobile? This is basically what et. As reflected in the enclosed chart, we in- the underlying data supporting the we have asked our young men and tend to lease the initial 20 aircraft and then women to do. The average age of 43 buy aircraft at a steady rate of 11 to 13 air- conclusions. craft per year until delivery of the 100th. We The Intelligence Community has yet years is the equivalent of driving a 1960 commit to add $2.4B, in Fiscal Years (FYs) to acknowledge any flaws in prewar in- Dodge Dart. And just like an older 2008 through 2010, to the funding profile for telligence. With American lives on the automobile would suffer from rust and the original proposal to lease 100 aircraft. We line now, the shortcomings in prewar need repair, these aircraft are suffering also will add $1.4B in FY 2012 to 2013. The

VerDate jul 14 2003 05:12 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.009 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H10987 combination of these added funds achieves allow Congress to flout the budget res- deep sense of gratitude to the gen- an immediate start to the program and al- olution without facing up to these tleman from California (Chairman lows us to purchase the last 80 aircraft at costs. If Congress feels that it is nec- HUNTER), as well as the gentleman time of delivery. essary to abandon the budget resolu- from Missouri (Mr. SKELTON), ranking I appreciate the support that you have provided in the past and look forward to work- tion that supposedly prevails in the member, for their extraordinary and ing with you in the future. If you require fur- House and further increases the deficit, bipartisan leadership on behalf of that ther information, please do not hesitate to then we ought to be accountable for fundamental function of our Nation contact me. A similar letter has been sent to that decision. But this rule would and this Congress to provide for the the chairmen and ranking minority members make sure that no Member of this body common defense and in meeting the ur- of each of the defense committees. will have the opportunity to demand gent needs of soldiers in the field of Sincerely, such accountability. today, our intelligence community, but PAUL WOLFOWITZ. Let me tell the Members specifically also meeting the needs of those who Mr. FROST. Mr. Speaker, I yield 4 the two problems in the conference re- have served in uniform. I believe this minutes to the gentleman from South port with respect to these items that conference report goes a long way to- Carolina (Mr. SPRATT). give me trouble. The conference report ward discharging that duty. Mr. SPRATT. Mr. Speaker, I support phases in a compromised version of Mr. Speaker, in the survival of free- this bill, and I am glad to see us put concurrent receipt. In 2004 this would dom we literally as American citizens some quality-of-life provisions in it; increase direct spending by $800 mil- owe our veterans everything. But in a and I commend the chairman, whom I lion. By 2013 this would increase an- world of limited resources, we can only have worked with for 20-odd years, for nual cost to as much as $3.5 billion. in this Congress do the right thing. I once again bringing a bill to closure. This provision would cost an estimated rise specifically today on virtually the I do have to call attention to the fact $22 billion in additional direct spending eve of Veterans’ Day to point out how that this rule waives all points of over the next 10 years, none of which is this Congress, thanks to the bipartisan order, which is typical; but in this provided for in the mandatory spending leadership of the defense authorizing case, as ranking member of the Budget provisions of the budget resolution. committee, is doing the right thing by Committee, I feel obliged to make my That is why I call it a substantial de- veterans in the area of concurrent re- colleagues aware what it is we are parture. ceipts. waiving because it is not a good way to There is another anomaly in the way Since arriving in Congress, I have do business; it is not a good way to concurrent receipt is treated. Since the heard from one veteran after another, men and women who had worn the uni- keep a budget. mid-1980s, we have recognized military form of the United States of America, This conference report contains two retirement costs through an accrual about the injustice of losing disability provisions that entail significant system that sets aside funds to cover benefits for which they were eligible as spending over and above the amounts the cost of retirement benefits we owe veterans at the time they reached the allowed in the budget resolution. One in the future for today’s military serv- age of retirement. Thanks to this legis- allows concurrent receipt of military ice. The concurrent receipt provisions lation, in most cases disability benefits retirement benefits for retirees who in this bill eliminate a reduction or off- incurred in uniform or earned in uni- also get VA disability benefits. The set in military retirement and thus inform will not be forfeited simply be- other commits the government to lease crease military retirement benefits. and purchase up to 20 or maybe even cause a veteran reaches the age of re- Under current procedures, we should tirement. The Good Book tells us if we 100 new tanker aircraft. increase our accrual payments to ac- No funds were added to this con- owe debts, pay debts; if honor, then count for the fact that we have just in- honor; if respect, then respect. By ference report to pay for either of these creased future spending on retirement programs, and that is my problem. Be- meeting the urgent needs of the de- benefits. This bill does not do that. It fense of the Nation today, we pay a tween the two of them, they will entail departs from a convention we adopted new unfunded future commitments of debt to those who risk and expend their 20 years ago for reporting military re- lives in the advancement of our free- approximately $40 billion, $22 billion tirement programs. for concurrent receipt, $18 billion for dom. But by addressing the injustice of The conference agreement also in- current veterans benefits, Congress 100 new tanker aircraft. cludes language that was not in either As a member of the Committee on today goes a long way toward paying bill to lease 20 tankers and then buy 80 the debt we owe to those we can never Armed Services, I support the com- more. In effect, what it allows is incre- promise on concurrent receipt, and I repay. mental funding, something we have not Mr. FROST. Mr. Speaker, I yield 2 understand the need for new tankers; done for big procurement programs for minutes to the gentleman from Illinois but I am concerned, and have to be, a long, long time. It entails at least a (Mr. EVANS). about the way we are doing this. The liability of $4 billion, maybe as much Mr. EVANS. Mr. Speaker, I thank rule before us would waive the point of as $18 billion, and yet none of this the gentleman for yielding me this order that would otherwise lie against money is in the Air Force budget. None time and for his leadership. the conference report for some clear of this authority has been recognized. I rise to point out that this con- and substantial departures from the What we have here is an effort to ob- ference report does not adequately ad- budget resolution that is supposed to scure the fact that we are increasing dress the needs of our disabled military be prevailing in this House. the defense budget but not adding BA retirees. Later today we will be consid- We just finished the fiscal year 2003, commensurate to the amount of the in- ering a motion to recommit. And I Mr. Speaker, with the largest deficit in crease. strongly urge Members to support that our peacetime history, $374 billion. The There are committees right now and motion and urge that we fix a tremen- deficit for next year, fiscal year 2004, is next week railing against corporate dous injustice in this conference re- likely to break that by $100 billion, misaccounting in this country and port. even without the additional cost of should be. But we should keep our own The conference report provides no re- these programs which are not included books in proper order in order to make lief whatsoever to two-thirds of dis- in any of CBO’s or OMB’s projections. such criticisms. This is not a way to abled veterans who are now paying the All I am saying is if concurrent re- budget. I support the bill and hope it Disabled Veterans Tax. Further, it pro- ceipt is a worthy benefit, and I think it does not constitute a precedent for the vides only limited relief from the un- is, then let us pay for it or at least let future. fair tax burden to those it does cover. us recognize fully in the budget the Mrs. MYRICK. Mr. Speaker, I yield 2 Under this report, veterans with dis- cost of it. If we need these tankers, and minutes to the gentleman from Indiana abilities rated at 50 percent or more I accept the arguments that we do, (Mr. PENCE). would have to wait 10 years before re- then let us pay for them. Let us make Mr. PENCE. Mr. Speaker, I thank the ceiving their full military retirement the argument and pay for them and set gentlewoman for yielding me this time. pay. The vast majority of eligible vet- the priority in the budget. This bill I rise in strong support of the rule erans are left out. In fact, 400,000 vet- does not do that, and this rule would and of the conference report with a erans with disabilities rated under 50

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.003 H07PT1 H10988 CONGRESSIONAL RECORD — HOUSE November 7, 2003 percent would not receive any relief at tional Resources Management Plans, pay or pay for working on holidays or all. In other words, some veterans who that there is consultation, there is col- weekends. This is ironic, since both the lost their limbs while serving their laboration with the Committee on Re- House and the Senate recently voted to country are not considered worthy of sources and the other agencies protect overtime pay for private sector relief after they get back to the States. throughout the Federal Government. employees. This is not ‘‘full concurrent receipt’’ That model that deals with INRMPs, As the war efforts in Iraq have dem- as has been claimed. This is clearly not that assures those guys on the ground, onstrated, DOD employees do not work a victory for veterans. It is an attempt that young 19-year-old rifleman, is only Monday through Friday, 9 to 5. to divide and conquer veterans so as to going to get the best training, no com- Frankly, it is shameful that Congress deprive most retirees of their earned promise on that. And I would like to is going to give those employees who retirement benefits. A vote for the mo- work with the Committee on Armed safeguard our national security less tion to recommit is a vote for full con- Services to deal with those issues over overtime protection than it gives pri- current receipt and an end to the tax the next several months. vate employees. Finally, I have concerns about some on our disabled veterans. b 1000 I urge all Members to vote for this of the provisions dealing with govern- motion and support what 374 Members Mr. FROST. Mr. Speaker, I yield 4 ment-wide procurement policy. In par- have already said by cosponsoring leg- minutes to the gentleman from Cali- ticular, the bill extends to all civilian islation for full, not partial, concurrent fornia (Mr. WAXMAN). agencies something known as ‘‘other Mr. WAXMAN. Mr. Speaker, I thank receipt. transaction authority’’ for research the gentleman for yielding me time. and development projects related to de- Mr. Speaker, I believe the veterans of I rise to express my opposition to the our country are wise enough to make fense against terrorism. This would es- conference report on the Department of sentially waive all Federal procure- judgments about where they want to Defense authorization bill. I want to go, and I salute them for raising the ment laws for these contracts. The bill pick up with where the last speaker also includes excessive waivers of pro- issues that we have been dealing with finished. He said he thought in this bill the last few years. curement rules for contracts related to they went a little further than was other anti-terrorism products and serv- Mrs. MYRICK. Mr. Speaker, I yield 2 necessary in the area of the Endan- minutes to the gentleman from Mary- ices. gered Species Act and Marine Mammal It is wrong to take important must- land (Mr. GILCHREST). Protection Act. I want to say what I Mr. GILCHREST. Mr. Speaker, I pass legislation like the DOD author- believe to be the case, that the problem ization and load it up with right-wing thank the gentlewoman for yielding me with this bill is that it has been hi- this time, and I want to say right up policies that damage the environment jacked by the Republican leadership and strip employees of basic rights, but front that I will vote for this defense and the White House, who insisted on authorization. The gentleman from that is what this bill is doing, and I am provisions that weakened environ- going to urge my colleagues to oppose California (Mr. HUNTER), the gen- mental laws relating to the Endan- tleman from Missouri (Mr. SKELTON), it. gered Species Act and the Marine Mrs. MYRICK. Mr. Speaker, I yield 3 and a whole range of people have done Mammal Protection Act. an outstanding job to ensure the safety minutes to the gentleman from North I am also the ranking member of the AYES). not only of the United States and our Carolina (Mr. H Committee on Government Reform, Mr. HAYES. Mr. Speaker, I thank security but of those young men and and I want to address the civil service the gentlewoman from North Carolina women who are out there basically but- provisions in this bill. I am not opposed for her leadership and appreciate her tressing the pillars of civilization. to reasonable reform that makes the yielding me time. The gentleman from California (Mr. Federal Government function more ef- Let me say that the gentleman from HUNTER) mentioned a little while ago ficiently and still protects the basic Florida (Mr. BILIRAKIS) for 18 years in that a 19-year-old rifleman ought to rights of Federal employees, but this this Congress supported legislation get the best training in the world. I bill is not reasonable. that would give concurrent receipt to agree with him 100 percent. I was a 19- Senator COLLINS developed a bipar- our veterans; 18 years. People in this year-old Marine Corps rifleman who tisan compromise that safeguarded the Chamber need to know that, because worked with the Navy over a period of collective bargaining rights of 700,000 there are people here who have been years, went into assaulted-fortified po- DOD employees, yet gave DOD much of present during that time, and during sitions from Navy ships. So I person- the flexibility it requested, but this that time the people who are now say- ally recognize the absolute need, the bill abandons that compromise. This ing that Republicans will not support uncompromising need, to ensure the bill makes a mockery of labor relations our veterans need to remind them- best available training, the best equip- at the Defense Department. At the selves that not a one of them joined ment, the best of support that this same time that the bill claims to pro- sponsorship for his bill while that was country can offer to U.S. soldiers, sail- tect collective bargaining, it allows there. ors, Marine Corps, and airmen. DOD to waive these requirements for Since I came to Congress, Mr. Speak- I would like to work with the Com- the next 6 years. During these 6 years, er, I have been working to strengthen mittee on Armed Services and the the Department can run rough-shod the Berry Amendment to help ensure chairman and the ranking member. over its unions. The Department can that the Department of Defense use Over the next several months, the decide what issues will be bargained, American manufacturers and products Committee on Resources will be reau- how labor and management impasses in its procurement programs. This past thorizing the Marine Mammal Protec- will be resolved and whether it will dis- spring, and this good rule supports tion Act. The language in the defense criminate against union members. these efforts, I became very concerned authorization bill dealing with the ma- This bill also makes it harder for when there was a blanket waiver issued rine mammals was something that we DOD employees to gain redress for unfor commercial aircraft. worked out. The language that is in fair treatment. Currently employees Among other products, this largely the defense bill now, I think, goes behave the ability to file appeals with the jeopardizes our domestic titanium in- yond what is necessary. There are some independent Merit Systems Protection dustry. The number of companies that issues dealing with small numbers Board, but under this bill employees currently comprise this industrial base versus negligeable numbers. There are first would have to go through an in- has shrunk to three domestic producers some issues dealing with confined geo- ternal DOD appeals process. An admin- of titanium. Maintaining this base is graphic areas. There are issues dealing istration that says it is against bu- not only vital for our economy, but with permits. There are issues with ci- reaucracy and red tape wants to create also our national security. We simply vilian scientific research. so much bureaucracy for employee ap- cannot be relying on the Russians and I think the model we can use for the peals that employees will simply give the Chinese, who are developing their marine mammals and the Marine up trying to protect their rights. own economies, to supply significant training is laid out before us in this The bill removes requirements for amounts of titanium for our Nation’s thing called INRMPs, Integrated Na- DOD employees to receive overtime defense.

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.016 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H10989 The gentleman from California concerns about this bill, too. I rep- (Mr. INSLEE asked and was given (Chairman HUNTER) has been tenacious resent the Puget Sound Naval Shipyard permission to revise and extend his re- in working to make sure that our in- in Bremerton, Keyport, Bangor. Many marks.) dustrial defense base is strengthened, of these work rules are very much de- Mr. INSLEE. Mr. Speaker, I would not protected, strengthened, so that plored by the workers there, and I re- like to express my deep disappoint- our national security is foremost. gret that they have been attached to ment at the failure to deal with chal- I would like to yield to the gen- this legislation, but we will continue to lenges for one-half of our patriotic tleman from California (Chairman work to try and deal with them as we team in the war against terrorism. We HUNTER) for his comments on this proceed in this session of Congress. have done some good things in here for issue. I want to rise in very strong support our folks in the Armed Services, but Mr. HUNTER. Mr. Speaker, will the of the provision my friend the gen- for our civilian employees, who are a gentleman yield? tleman from Kansas (Mr. TIAHRT) crucial part of our defense team, we are Mr. HAYES. I yield to the gentleman talked about earlier, the question of removing protections for overtime pay from California. tankers. I became interested in this and other matters, and that is just Mr. HUNTER. Mr. Speaker, I thank issue several years ago with a visit to abominable. my colleague, and we are going to de- Tinker Air Force Base where we saw When I went out to greet with the scribe during the general debate the the condition of our KC–135–Es. I be- gentleman from Washington (Mr. great industrial base provisions, like lieve that this is a crucial national pri- DICKS) the Carl Vinson when she came the machine tool provision that we ority, to get a new tanker replacement back from the Afghanistan war, I came out of this conference with, some program started. talked to the folks about their incred- excellent stuff. The Air Force has chosen the 767. We ibly successful safety record of thou- But with respect to titanium, we have had a lot of controversy about sands of sorties without a loss, and know that we have three major makers whether we should buy or lease. We they told me it is in large part because of titanium left in this country. Other- have come up with a combination here. of the incredibly adept maintenance wise, you have to rely on foreign The Secretary of Defense’s office, led done on that ship by our civilian em- sources. I want to thank the gentleman by Mr. Wolfowitz, sent a letter on ployees. This bill is a jab and a mark of from North Carolina (Mr. HAYES) per- Thursday, which has brought us to- disrespect for those civilian employees, sonally for putting together the work- gether. I want to commend the Speak- who are every bit as patriotic as our ing group between industry and the Air er, the gentleman from Illinois (Mr. folks in the Armed Services today, and Force and Members who are interested, HASTERT), for his dedicated leadership there is no reason for this to have hap- and putting together what we call the on this issue. Without his tremendous pened. basket approach to titanium. effort and tenacity, we would not have Now, this is just the first step in this The basket approach says basically gotten this far. effort. We are going to continue to this: If you are going to take a domes- I intend to have a colloquy later with work on this, that this effort of flexi- the chairman of the committee when tic system, like the planes that are bility does not mean disrespect for our we get to the authorization bill on this candidates for this tanker operation, civilian employees. We are going to matter, but I just want to say that I and you convert them into a military stay on it like a dog with a bone. want to compliment everyone who has system, right now the Berry Amend- Mrs. MYRICK. Mr. Speaker, I yield 1 worked on this. For 2 years, we had to ment says you have to use American- minute to the gentleman from New get an effort under way to get this re- made titanium on American military Jersey (Mr. SMITH). placement effort going. Mr. SMITH of New Jersey. Mr. systems. Not to understate it, every single We have agreed that since some of Speaker, I rise in very strong support plane that flew into Afghanistan and of this rule and the underlying bill these civilian aircraft will have some into Iraq had to be refueled multiple which will follow immediately there- foreign-made titanium, we got with the times. Our whole effort to improve our after. industry leaders and they agreed that bomber capability with the B–2 and I want to just point out to my col- they would take and require the same smart weapons and all of the aircraft leagues that the concurrent receipt amount of American titanium, with in coming off of our carriers, Navy and victory that is in this bill is signifi- fact a 10 percent increase, and spread Marine Corps aircraft, all of them had cant, it is profound, it is historic, and that across the rest of their lines to to be refueled multiple times. So you make up for the foreign titanium that do not get anything done without will make a major difference in the was in those civilian aircraft. I have tankers. lives of our men and women who have talked with industry leaders. They feel We have planes now, 544 of them, served ably and honorably in our mili- a strong commitment to that policy. that were built between 1957 and 1963. tary, have served for 20 years or more, I want to thank the gentleman for These are very old aircraft. We have se- and also have been disabled. It will pro- putting that in place. I think it is rious corrosion problems, and I am glad vide that anyone who is service-con- going to accrue to the benefit of not that this conference committee was nected disabled 50 percent or more or only our tanker program, but also the able to come together and put together combat-related of any rating will get health of the titanium industry. a package and that the administration the full concurrent receipt after a Mr. HAYES. Mr. Speaker, reclaiming has said they will make it work. phase-in of 10 years. my time, I thank the chairman very I believe this is one of the most im- Let me point out to my colleagues much, and thanks again to the gentle- portant things we can do. If you think that this adds about $22 billion in bene- woman from North Carolina (Mrs. about it, tankers and the EA–6–Bs, fits over 10 years to veterans com- MYRICK). This is a great rule. It is for which are also old and in terrible con- pensation. This is not an insignificant our troops, it is for our Nation, The dition, are two weapons systems that amount of money. spirit and intent of what we discussed have become absolutely fundamental After the phase-in period, let me re- is there. to our U.S. ability to project power mind my colleagues as well that this Vote for this rule. around the world. I am glad we can get bill adds about a $3.5 billion every year Mr. FROST. Mr. Speaker, I yield 3 this tanker thing moving forward and to service connected disabled vets. So minutes to the gentleman from Wash- that it is in this bill. the next 10 years we are talking about ington (Mr. DICKS). I appreciate the gentleman from another $35 billion more that will go to (Mr. DICKS asked and was given per- California (Mr. HUNTER) and the gen- our disabled veterans. That is in excess mission to revise and extend his re- tleman from Missouri (Mr. SKELTON) of $57 billion to our disabled veterans marks.) for their leadership on this issue. as a result of this legislation. Mr. DICKS. Mr. Speaker, I want to Mrs. MYRICK. Mr. Speaker, I reserve I want to thank the gentleman from thank the gentleman from Texas for my time. California (Mr. HUNTER), the chairman yielding me this time. Mr. FROST. Mr. Speaker, I yield 1 of the committee, for his work, the Mr. Speaker, I rise in support of the minute to the gentleman from Wash- gentleman from Florida (Mr. BILI- conference report and this rule. I have ington (Mr. INSLEE). RAKIS), the gentleman from Missouri

VerDate jul 14 2003 05:12 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.020 H07PT1 H10990 CONGRESSIONAL RECORD — HOUSE November 7, 2003 (Mr. BLUNT), and so many others who publicans or Democrats, and we have a bombing a bridge, we send in that one worked on this to make sure that we very bipartisan committee, and I am precision munition, it hits one strut on get concurrent receipt resolved. proud of that. I want to thank the gen- that bridge and brings the whole bridge b 1015 tleman from Missouri (Mr. SKELTON) as down, if we have that combination and not just a friend, but a real full partner we have the legs to get it there over Mr. FROST. Mr. Speaker, I yield my- in helping to shape America’s defenses, the target in whatever remote part of self such time as I may consume. along with all of the members on the the world we are operating in, we can I would only point out to the pre- Democrat side on the Committee on project American power, we can pro- vious speaker and to speakers on the Armed Services and, of course, our tect our military forces, and we can other side that if the Republicans in great, great folks on the Republican drive them in a blitzkrieg attack the House were willing to forego a lit- side, along with the subcommittee against the enemy target, whether it is tle bit of the tax cuts for the wealthy, chairmen and ranking members who enemy forces surrounding Baghdad or we could fully fund concurrent re- have done such a great job. some other area of the world; and ceipts, rather than just partially fund- Now, Mr. Speaker, we face a new era. Americans now understand that. ing concurrent receipts. This is an era of what I would call ter- So we have to have tankers. If we do Mr. Speaker, I urge adoption of this rorists with high technology; and prob- scenarios around the world, every sin- rule and adoption of this conference re- ably Jim Woolsey said it best when he gle scenario requires lots of American port. said we have killed the big dragon, that tankers and, I might say, Mr. Speaker, Mr. Speaker, I yield back the balance is, we have disassembled the Soviet more than we have now, newer than we of my time. Union, but there are lots of poisonous have now, more capable than we have Mrs. MYRICK. Mr. Speaker, I yield snakes out there, and we are seeing now. That is the reason we are putting myself such time as I may consume. those poisonous snakes and the effect the tanker deal together, and that is I want to again thank the chairman of their bites every day around the the reason that this is being carried in and ranking member of this committee world, not just in the theatres in Af- this bill. for the good work they have done in ghanistan and Iraq, but elsewhere. And Now, let me tell my colleagues, with bringing this bill forward. It is a good I think probably the American people respect to personnel, we have had some bill at the right time in history to help since 9–11 still have an acute under- arm wrestling over this. But I think our men and women and to be sure that standing of the venom and the poison that the guy with whom we are trust- we are doing all we can in this war on that is manifest in that capability of ing millions of young American lives, terrorism. our adversaries in this new era of ter- the Secretary of Defense, can be trust- Mr. Speaker, I yield back the balance rorists with high technology. ed with reshaping our personnel system of my time, and I move the previous Our job is to meet that threat, and in civil service in the Department of question on the resolution. our job is further, in meeting that Defense to be more effective, and I The previous question was ordered. threat, to shape the U.S. military and think be more rewarding for those The resolution was agreed to. our defense apparatus to meet the workers. I think they like the idea that A motion to reconsider was laid on threat, to defeat it, and to equip it; to we are going to be able to hire people the table. give it the tools that it needs to do its right out of that job fair instead of Mr. HUNTER. Mr. Speaker, pursuant job most effectively, and this bill does telling them, in 3 months, maybe the to House Resolution 437, I call up the that, Mr. Speaker. Federal Government can hire you, conference report on the bill (H.R. I wanted to talk about a number of while IBM and the private concerns are 1588), to authorize appropriations for issues with respect to this bill. This is picking them up immediately. I like fiscal year 2004 for military activities a sweeping bill; and it does a number of the idea that they are going to be able of the Department of Defense, for mili- reforms, a number of changes, a num- to be qualified for a job within a few tary construction, and for defense ac- ber of things that I think are impor- days instead of after 3 or 4 months of tivities of the Department of Energy, tant to change our military as we move bureaucracy, and that will allow them to prescribe personnel strengths for into this new era. to take jobs that military people are such fiscal year for the Armed Forces, Let me talk about, first just talk doing now. When we have tested these and for other purposes. about the last subject that came up things in places like China Lake, a ma- The Clerk read the title of the bill. during the rule, and that is the tank- jority of the workers, the workers have (For conference report and state- ers. Because, yes, the tanker agree- voted that they like this new system, ment, see proceedings of the House of ment is in this bill. Let me tell my col- this new flexible personnel system. November 6, 2003, Book II.) leagues a little bit about that. This is an important new part of shap- The SPEAKER pro tempore. Pursu- First, anyone who does a security ing the military. ant to House Resolution 437, the con- analysis or a briefing on potential So I think that is good. ference report is considered as having threats around this world and present Freedom to train, Mr. Speaker, we been read. threats understands that tankers are have talked about that. We have to The gentleman from California (Mr. extremely important. I just might add give our young people the freedom to HUNTER) and the gentleman from Mis- that I undertook a series of classified train, and once we make that agree- souri (Mr. SKELTON) each will control and unclassified briefings, as have most ment that the bird hatchery is going to 30 minutes. members of the Committee on Armed be over here and the rifle range is The Chair recognizes the gentleman Services over the last many years, and going to be over here, we cannot let from California (Mr. HUNTER). paramount to our ability to project groups then go sue to close down the Mr. HUNTER. Mr. Speaker, I yield power is American air power. rifle range on the basis that they want myself such time as I may consume. Whether we are talking about B–2 to get that one too. We have to allow a Mr. Speaker, first, I want to thank bombers that can fly literally from balance to be maintained. One Marine all of my colleagues who participated Whiteman Air Base to strike a target said it best. He said to our members of in putting this bill together from the in Kosovo with precision munitions, or the Committee on Armed Services, he earliest hearing that we had early in talking about tactical aircraft flying said, for years we have done work- the year on the threat that America off a carrier and hitting targets in Af- arounds. He said, we cannot work faces, on the status of our Armed ghanistan or Iraq, we need tankers. around it anymore, there is no land left Forces, and on what we need to do to Tankers, that big gas station in the to work around. So we need to have give the President and our troops the sky that the gentleman from Kansas this. This is very, very important legis- tools to get the job done. My partner, (Mr. TIAHRT) talked about, are nec- lation, freedom-to-train legislation, the gentleman from Missouri (Mr. essary to project American air power. Mr. Speaker. SKELTON), is every bit a 50–50 partner If we have American air power and, Let me talk about the industrial in this operation, Mr. Speaker. When specifically, if we have stealth, and we base. We have got in this bill a great we really get down to what it takes to couple that stealth with precision mu- foundation for bringing back and main- protect our freedom, there are no Re- nitions, that is, instead of carpet- taining the industrial base of this

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.023 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H10991 country, and the centerpiece of this is entire population of veterans who were and our issues. They are depending on what I think is the centerpiece of not hurt in combat, were not hit by us. We will not let them down. And we American production, the machine tool enemy bullets, were not hurt while are at war. industry of this country, which used to training for combat but, nonetheless, I want to highlight just a few issues be second to none. We have a provision have disabilities. And all of those peo- that cause me to support this bill. The in this bill, it is not a mandatory pro- ple who are over 50 percent, Mr. Speak- bill includes a 4.1 percent pay raise for vision, so it is not going to make any- er, are going to receive both checks. the troops. The bill provides an in- body have to go in and take out bil- Now, that is going to bring in about crease in imminent-danger pay. It pro- lions of dollars of machine tools, but it 250,000 people, new people into the sys- vides for family separation allowance, says that if you are an American con- tem. It is a big, big victory for vet- which will directly benefit our service- tractor bidding on a DOD job, if you erans. It is a wonderful thing. men and -women who are serving in use an American machine tool instead Mr. Speaker, let me just say, too, Iraq and Afghanistan and other dan- of a foreign machine tool, you are along with the gentleman from New gerous spots away from their homes. going to get points in the competition. York (Mr. MCHUGH), the gentleman The conference report further author- And I think that is going to incentivize from Florida (Mr. BILIRAKIS), obvi- izes TRICARE coverage in the military some of our companies, big and small, ously, the guy that I call the father of health care system for our National to say instead of looking at another concurrent receipt, it has been a big Guardsmen and for our Reservists who foreign-made machine tool, let us call part of his career. And the gentleman played such a vital role against ter- up that American company and see from New Jersey (Mr. SMITH), the gen- rorism. what they have. Maybe we can use that tleman from Missouri (Mr. BLUNT), lots b 1030 machine tool. And that is going to, I of great people; I might say that Sen- Finally, very, very important, this believe, Mr. Speaker, start to bring ator WARNER also, working on Purple back this base of machine tools upon bill includes increasing the Army’s size Heart Plus last year, had a good hand 2,400 additional soldiers. That is so ter- which a lot of our defense manufac- in starting to put this thing together, turing capability was founded. We do a ribly important because the troops are lots and lots of people. Lots of our vet- so strained at this time, and the gen- lot of other great things in our indus- erans and veteran supporters in this tleman from New York (Mr. MCHUGH) trial-based provisions, Mr. Speaker; House have been involved in putting knows that so well as chairman of the but that is the centerpiece, and I think this program together. This is a great subcommittee. it is a very important foundation. program. We need the pay raise. We need the Now, we also reauthorize for 10 years Mr. Speaker, this is a great bill. It is special pay to compensate and help re- the maritime security program. This is a far-reaching bill. It gives the Presi- tain those who have those special a program that brings in the strong dent and the troops the tools to get the skills. Our bases need the military con- right arm of America’s maritime job done. Let us pass this bill. struction and family housing author- unions and makes sure that they are Mr. Speaker, I reserve the balance of izations. We need to authorize the the ones that are moving men and ma- my time. money for military operations, for fly- teriel across the ocean into theaters of Mr. SKELTON. Mr. Speaker, I yield ing hours and steaming days and tank action instead of having to rely on myself such time as I may consume. miles, to allow our troops to be the rental operations where we are taking Mr. Speaker, I rise in support of this best trained and prepared in the world. unions and working people from other bill, the National Defense Authoriza- I want to mention concurrent re- countries and having to rely on foreign tion Act. I will explain the reasons ceipt. Overwhelming majorities of both personnel to move the wherewithal for why, but I first want to compliment Houses clearly support providing this military victories around the world. my friend, the gentleman from Cali- benefit to all disabled retirees. Never- That is what is going to bring our mar- fornia (Mr. HUNTER). This was the gen- theless, the conference agreement, itime unions, our ship-builders, and our tleman’s inaugural voyage as chairman which would provide this benefit to maritime operators back into pre- of the Committee on Armed Services those at least 50 percent disabled, is a eminence; and we have worked hard on and the seas were far from smooth. significant step in the right direction. that, Mr. Speaker, and that is a great Many of the issues we faced were par- There will, however, be a motion to re- aspect of this bill. ticularly difficult. I applaud the gen- commit regarding this issue, and I hope Concurrent receipt is very important, tleman’s leadership in recognizing that people will support it. Mr. Speaker. We started out last year the totality of the bill is more impor- I am pleased, Mr. Speaker, that we by saying people who are actually hit tant, especially when our country is at were able to reach agreements on many in combat, people who have won the war in Iraq. difficult issues, but I know many of my Purple Heart, are going to get now two I do want to raise several issues of colleagues will not be happy with some checks. They get the full check for ev- caution about process, however. First, of the substantive outcomes. The con- erything that they have been disabled, the conference process has not been to- ference agreements concerning low for all of their disability, and they get tally inclusive. Many issues, three in yield nuclear weapons, civil service re- the full check for their retirement for particular, civil service reform, concur- form, and changing environmental laws everything that they have done to rent receipt, and Air Force tanker leas- are particularly problematic, and I serve the U.S. military. We now also ing have been decided without sub- point those out. say, and incidentally, I see the gen- stantive Democratic consultation. Sec- Now, perhaps more than any time in tleman from New York (Mr. MCHUGH) ond, there were few conference meet- the last decade, however, Mr. Speaker, here, our chairman of the Sub- ings that involved all the conferees or it is essential that the House take ac- committee on Total Force, who very even all the House conferees. Finally, tion to provide for our men and women much has been a leader in putting this it is highly undesirable to consider a in uniform. This vote will not only be thing together. We also now are going conference report on a large and highly seen in Kabul or Baghdad but also to give full concurrent receipt, that is complex defense bill in just a few hours Diego Garcia, Fort Irwin, Norfolk, Fort that full disability check, to all of after the conference report has been Leonard Wood, Whiteman Air Force those people who are wounded in the filed. It is not possible for Members to Base. We need to send a message to the combat area or who are disabled or make best judgments about voting on American public, and to our adver- hurt in the combat area, who are hurt this bill when there has not been ade- saries and allies, that we as a Congress or disabled while training for combat. quate time after it has been filed. are prepared to give our men and Maybe that guy who is jumping out at The fact that we are considering this women in uniform the support, the the 82nd Airborne, with the 82nd Air- bill today, however, reflects the com- strong support and protection that borne at Fort Bragg hurt his back, he mitment of the Committee on Armed they deserve. is going to get it; and also people who Services members that we must pro- So I urge my colleagues to vote for are hit by instrumentalities of combat, vide for the men and women of our this conference report. like people who are hit by agent or- military when they are sacrificing in Mr. Speaker, I reserve the balance of ange, Mr. Speaker. Then we go to the so many ways to defend our country my time.

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.026 H07PT1 H10992 CONGRESSIONAL RECORD — HOUSE November 7, 2003 Mr. HUNTER. Mr. Speaker, I yield 2 those people, take care of their fami- Air Force, Marines, those great minutes to the gentleman from New lies, and to take care of their injuries Guardsmen and Reservists who are Jersey (Mr. SAXTON), who is chairman when they get home. And, so, as earlier being pulled away from their families of the Subcommittee on Unconven- this year I voted to send those young to serve as we speak, and a young per- tional Warfare, Terrorism and Capa- people to Iraq, I share in the responsi- son from Mississippi who was a Guards- bilities and oversees these very impor- bility and for those things that go man died just yesterday, I am going to tant special operations forces who are wrong I share in the blame. vote for this bill. But I would ask my doing such a great job for our country. Having said that, although I have colleagues to let us do this in the fu- (Mr. SAXTON asked and was given grave reservations about parts of this ture in a more sensible way. permission to revise and extend his re- bill, I will be supporting it because Mr. HUNTER. Mr. Speaker, I yield 2 marks.) they deserve to be paid, they deserve a minutes to the gentleman from New Mr. SAXTON. Mr. Speaker, let me pay increase, they deserve the better York (Mr. MCHUGH), who has a high re- begin by thanking and commending the weapons, the better ships that are in sponsibility of overseeing the total chairman of the committee, the gen- this bill. But there are a couple of force of the military, our Reserves, our tleman from California (Mr. HUNTER), things that trouble me greatly. Active, our Guard, with respect to all and the ranking member, the gen- Number one is the Bush administra- the personnel issues, pay, personnel tleman from Missouri (Mr. SKELTON), tion’s insistence on another round of issues, family benefits, the chairman of for the great bipartisan job that has base closures. Anyone in this body the Subcommittee on Total Force. occurred in bringing this bill to the knows, who has taken the time to look (Mr. MCHUGH asked and was given floor. at it, knows the United States Army is permission to revise and extend his re- Mr. Speaker, I rise in strong support too small, that the entire United marks.) of H.R. 1588 and do so with a great deal States Army is spoken for. If they are Mr. MCHUGH. Mr. Speaker, I thank of pride after a lengthy but productive not deployed, they are getting ready to the chairman, the gentleman from conference. The conferees have ham- be deployed. So how on earth can we California (Mr. HUNTER), for his gra- mered out an excellent bill that will go close one base out of four as the Bush cious comments and for his courageous a long way in enhancing our national administration wants to do? leadership, certainly on this bill, but security and providing our troops and The fleet is too small, 295 ships. also day in and day out. their families with the assets they Again, how can we close one Navy port I think it is obvious there are a cou- need. out of four if the fleet is too small? ple lessons we can learn from this bill. I have the honor of chairing, as the If the Bush administration truly One is an old lesson, and that is hap- chairman said, the new Subcommittee thinks the base closures is a good idea, pily this is one of, if not the most, bi- on Terrorism, Unconventional Threats then they ought to have the courage to partisan committees to operate in Con- and Capabilities on the Committee on announce which bases they want to gress, and that is so critical in times Armed Services. As many in this body close prior to the Presidential election such as these. We have heard the gra- know, I have worked for many years to and not after in 2005. I think it just cious comments and enlightened com- stand up such a subcommittee, and stands to reason. You do not hear Con- ments of the ranking member, the gen- with good reason, for there is much gressmen saying let us close bases. I tleman from Missouri (Mr. SKELTON), that is left to be done. cannot find one Service Secretary who someone who I respect so much. I want The subcommittee’s ranking Demo- is saying let us close bases. I cannot to thank my ranking member, the gen- crat, the gentleman from Massachu- find one Admiral or General who will tleman from Arkansas (Mr. SNYDER), setts (Mr. MEEHAN), and I have worked name one base that should be closed. for his partnership in our portion on hard together to explore a multitude of So if the Bush administration wants this mark, and all of the members of ways to provide the Department of De- to close bases, let them do it prior to the committee on both sides of the fense with the capabilities to defeat the Presidential election. aisle. But I give a special tip of the hat and defend against terrorists at home Second thing is, Mr. President, for to our chairman who, in a very dif- as well as abroad, and many of these the sake of those people fighting, let us ficult time was experiencing personal ideas are contained in the conference pay for this war. This supplemental, loss, the loss of his private home dur- report before you. and I am going to vote for it, is going ing the California fires, still kept a For example, the conference report to spend $400 billion for our Nation’s focus on this vital piece of legislation. includes many provisions that will pre- defense. The second lesson is that important pare our Armed Forces and, in par- A couple weeks ago we had a supple- as all the military is, the troops are ticular, the Special Operations Com- mental for $87 billion, earlier in the key. And you have heard my colleagues mand, to combat terrorism worldwide year another supplemental for $79 bil- comment about the positive things in as well as several items that will en- lion. That adds up to about $565 billion. this bill, active industry, the increases hance homeland defense. In addition, Every penny of that is borrowed. It is for the Army in difficult times, similar the conference report establishes sev- borrowed from the Social Security end strength increases for the Guard eral programs addressing issues that Trust Fund. It is borrowed from the and Reserve, for those good citizen sol- arose in the recent war with Iraq and Medicare Trust Fund. It is borrowed diers the military pay raise average 4.1 items that will speed the trans- from the military retirees trust fund. percent, the imminent danger and fam- formation of the military services. It is borrowed from the civil service- ily separation allowances at these dif- It is critically important that all men’s retirement trust fund. It is bor- ficult times. But I want to focus on Members vote for this measure. There rowed from the communist Chinese, concurrent receipt. is much to applaud in many areas. I am and it is borrowed from average Ameri- The third lesson of this bill is we al- proud to be a conferee and proud of the cans. ways want to do better, but I would work that the chairman, and my good See, those of us who were lucky note to my colleagues who have con- friend, the gentleman from California enough not to have to fight this war cerns that this is a program that has (Mr. HUNTER), as I said before, and the ought to at least be willing to pay for been in place since the Civil War era. gentleman from Missouri (Mr. SKEL- it and not stick the brave young men And until all of this work together TON) did in this regard. They have set a and women who will be coming home over the last several years, there had standard for us, and this is a bill which from this deployment with the bill. never been a change in it. must be passed, hopefully with a very Every other generation of Americans With this bill today we will have good vote. tried to pay their own bills during war- started at 35,000 troops, veterans who Mr. TAYLOR of Mississippi. Mr. time. This generation of Americans are receiving full concurrent receipt, Speaker, I yield 3 minutes to myself. passes the buck to somebody else, and and we will have expanded that to over Mr. Speaker, last night, yesterday in it is wrong. a quarter of a million. And that is Iraq 7 brave young Americans died. So for the sake of the great young progress, $22 billion. So we will con- This is the committee that makes the men and women who are serving our tinue to fight to do better, but this is decisions to arm those people, to pay country in the Army and the Navy, the amazing progress for more than 160

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.028 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H10993 years when nothing had been done, and We fixed a problem for our reservists Mr. DICKS. Mr. Speaker, it is my fur- I urge all my colleagues to support this who were called up after September 11 ther understanding that section 135 was bill. and were forced to pay their lodging written after extensive negotiation Mr. Speaker, I rise in strong support of the expenses when they went home on with the Department of Defense and conference report on H.R. 1588, a wartime bill leave. We extended the increase in im- the administration and that that sec- that directly addresses committee concerns minent danger pay to $225 and family tion represents a common under- about the inadequacy of military manpower separation allowance to $250 until the standing between the conferees and the end of next year. Our service members and the damaging effects of excessive oper- administration on the terms under ations and personnel tempos. are still in conflict in Iraq and Afghan- which this tanker program will be exe- H.R. 1588 also reflects the House Armed istan and face months of separation Services Committee’s belief in the need to be from their loved ones. These increases cuted. proactive in military personnel policy and pay are necessary and deserved. matters so as to sustain the commitment and We increased access to TRICARE b 1045 professionalism of the men and women of benefits for reservists and their fami- America’s magnificent all-voluntary armed lies. We expanded commissary access Mr. HUNTER. The gentleman is services, and the families that support them. to selected reservists and Reserve re- again correct. Section 131 codifies an Finally, H.R. 1588 contains legislative and tirees under 60. agreement reached with the adminis- funding initiatives to enhance the ability of the We allow individuals who volunteer tration. The conferees relied upon a active, National Guard and reserves to oper- to defend our Nation but are not U.S. letter sent on November 5, 2003, to the ate as an integrated total force. citizens to become naturalized after 1 chairman and ranking member of the Among the more important provisions of year of service. We also allow their Committee on Armed Services in the H.R. 1588 are: families to become naturalized if a other body by the Deputy Secretary of Active end strength increases of 2,400 for service member is killed in action. Defense, Mr. Wolfowitz, in coming to the Army, with an additional $68 million to I am disappointed that the com- agreement on the tanker acquisition support the increases; mittee was not able to include full con- program authorized by section 135. Growth in selected reserve and fulltime Na- current receipt. Approximately 60 per- tional Guard and reserve strengths; cent of Arkansas disabled veterans who Mr. TIAHRT. Mr. Speaker, will the Military pay raises that average 4.1 percent; are currently penalized by current law gentleman yield? Continuation of increases in imminent dan- will not be helped by this compromise. Mr. DICKS. I yield to the gentleman ger pay and family separation allowances. We should do better. from Kansas. A significant expansion of concurrent receipt While I am supporting of this bill, that will when implemented wean that benefit the process that brought us here is not Mr. TIAHRT. Mr. Speaker, it is fur- more than 250,000 military retirees. good. The bipartisanship for which our ther my understanding that section 135 Commissaries and exchange provisions to committee has been known is slowly of the conference report will authorize better define and protect those important ben- vanishing. The responsibility to pro- the Air Force to enter into a single efits. vide for our Nation’s defense and secu- contract to acquire 100 767 tanker air- DOD health care improvements, to include rity is an area in which partisanship craft through a combination of lease expanded health care coverage of the Na- should be minimized, particularly at a and purchase. tional Guard and reserves, and time of war. Mr. HUNTER. The gentleman is cor- Expanded and expedited naturalization pro- Sadly, it is becoming clear that this rect. Section 135 authorizes the Air cedures for active and reserve component partisanship is becoming the norm in Force to enter into one contract for 100 personnel. the way we conduct business. Both None of these great outcomes is achieved Democrats and Republicans have a aircraft, 20 by lease and 80 by purchase, in a vacuum. The conference report before duty and obligation to protect our citi- or more than one contract for the same you is a bi-partisan measure, reflecting the ac- zens and the freedom Americans enjoy. combination of aircraft. tive input and involvement of committee mem- We need to work together in a bipar- Mr. TIAHRT. Finally, it is my under- bers, as well as the leadership and judgment tisan fashion to ensure that our rights standing that section 135 of the con- of Chairman DUNCAN HUNTER and Represent- and freedoms are preserved for future ference report authorizes the Air Force ative IKE SKELTON, the committee’s ranking generations. to enter into a multi-year contract for Democrat. Mr. HUNTER. Mr. Speaker, I yield 2 H.R. 1588 is a very good bill that addresses the purchase of 767 tanker aircraft, and minutes to the gentleman from Wash- that payment under this contract may a range of needs of our wartime military. I ington (Mr. DICKS.) be made at the time of aircraft deliv- urge my colleagues to support it. (Mr. DICKS asked and was given per- Mr. SKELTON. Mr. Speaker, I yield 2 mission to revise and extend his re- ery, a process sometimes referred to as minutes to the gentleman from Arkan- marks.) incremental funding. sas (Mr. SNYDER.) Mr. DICKS. Mr. Speaker, I would like Mr. HUNTER. The gentleman from Mr. SNYDER. Mr. Speaker, as the to enter into a colloquy with the gen- Kansas (Mr. TIAHRT) is correct. The ranking member of the Subcommittee tleman from California (Mr. HUNTER), conferees in their joint report language on Total Force I rise in support of this the chairman of the Committee on agree that this section would ‘‘author- conference report. I would like to take Armed Services. ize the Secretary to enter into a multi- this opportunity to thank the chair- Mr. Chairman, the conference report year procurement program, using in- man of the Subcommittee on Total on H.R. 1588, the Fiscal Year 2004 De- cremental funding.’’ This language in- Force, the gentleman from New York fense Authorization Act, contains a dicates that the multi-year procure- (Mr. MCHUGH), for his leadership and provision, section 135, which authorizes ment program authorized by section also to thank the committee chairman, the Air Force to enter into a contract the gentleman from California (Mr. for 100 tanker aircraft under the terms 135 would allow the Air Force to make HUNTER), and the ranking member, the and conditions of section 8159 of the payments as agreed to in the contract gentleman from Missouri (Mr. Skel- Fiscal Year 2002 Defense Appropria- and that the Air Force would not be re- eton), for their many years and efforts tions Act. quired to have the full budget author- that has resulted once again in a con- Mr. HUNTER. Mr. Speaker, will the ity required to purchase an aircraft in ference agreement coming to the floor. gentleman yield? order to place an order for that aircraft This bill continues several years of Mr. DICKS. I yield to the gentleman under the contract. improvements to quality of life pro- from California. Mr. DICKS. We thank the chairman grams for our military personnel, retir- Mr. HUNTER. Mr. Speaker, the gen- for his hard work on this issue. ees, and their families. We provided a tleman is correct. Section 135 of the targeted pay raise of up to 3.7 percent conference report does authorize a Mr. Speaker, the letter sent to the and additional targeted pay increases tanker acquisition program as did the Committee on Armed Services by Dep- for mid-career and senior enlisted per- Fiscal Year 2002 Defense Appropria- uty Secretary of Defense Wolfowitz is sonnel. tions Act. as follows:

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.029 H07PT1 H10994 CONGRESSIONAL RECORD — HOUSE November 7, 2003 DEPUTY SECRETARY OF DEFENSE, One hundred sixty Republicans in magnetic gun initiative. Fourth, a re- Washington, DC, Nov. 5, 2003. this House have co-sponsored the Bili- quirement that the Secretary of De- The Hon. JOHN WARNER, rakis bill to fully repeal the disabled fense complete two independent studies Chairman, Committee on Armed Services, U.S. veterans tax. Unfortunately, only two on potential future fleet architectures Senate, Washington, DC. DEAR MR. CHAIRMAN: Thank you again for of those 160 Republicans have signed for the Navy. your consideration of the Department of De- the discharge petition to require a vote In conclusion, I urge my colleagues fense’s proposal to lease 100 KC–767A air- on that bill. to support the conference report. I craft. As you know, there has been a vig- Well, today there is a second chance would like to thank the gentleman orous debate on the best way to get this pro- to do what is right for veterans. By from Mississippi (Mr. TAYLOR) for all gram started. Your most recent amendment voting yes on the motion to recommit his support in completing in conference would allow the Air Force to lease no more we can repeal the disabled veterans than 20 of the 100 tankers. The Air Force has report. I would also like to thank our developed a proposal to implement that ar- tax. If just a few of the 160 will join chairman, the gentleman from Cali- rangement, and I hope that you will find it with Democrats, we can repeal the dis- fornia (Mr. HUNTER), and our ranking acceptable. abled veterans tax and we can do it member, the gentleman from Missouri Our proposal strikes a necessary balance fully and we can do it today. We can (Mr. SKELTON), for their leadership, between the critical need for new air-refuel- keep the promise we made to veterans commitment and steadfastness in coming tankers and the constraints on our budg- when we co-sponsored the Bilirakis et. As reflected in the enclosed chart, we in- pleting this process. tend to lease the initial 20 aircraft and then bill. Mr. SKELTON. Mr. Speaker, I yield 1 buy aircraft at a steady rate of 11 to 13 air- Keeping promises and leaving no minute to the gentlewoman from Cali- craft per year until delivery of the 100th. We troops behind, those are quintessential fornia (Ms. PELOSI), the minority lead- commit to add $2.4B, in Fiscal Years (FYs) American values. On the eve of Vet- er. 2008 through 2010, to the funding profile for erans Day, let us apply those American Ms. PELOSI. Mr. Speaker, I thank the original proposal to lease 100 aircraft. We values to the treatment of our vet- also will add $1.4B in FY 2012 to 2013. The the distinguished member of the Com- erans. Our promise to veterans should mittee on Armed Services for yielding combination of these added funds achieves be more important than Republican an immediate start to the program and al- me time and for his great services to lows us to purchase the last 80 aircraft at Party loyalty. Vote yes on the motion our country throughout his whole life time of delivery. to recommit. Vote yes to keep our which continues here in Congress. As a I appreciate the support that you have pro- promises to America’s veterans. veteran himself, his service on the vided in the past and look forward to work- Mr. HEFLEY. Mr. Speaker, I yield 2 Committee on Armed Services is very ing with you in the future. If you require fur- minutes to the gentleman from Mary- ther information, please do not hesitate to informed and we thank him and recog- land (Mr. BARTLETT), the chairman of nize his leadership. contact me. A similar letter has been sent to the Subcommittee on Projection the chairmen and ranking minority members Mr. Speaker, I rise today to honor Forces. of each of the defense committees. the commitment of our Nation’s vet- Mr. BARTLETT of Maryland. Mr. Sincerely, erans. We will have a motion to recom- Speaker, as chairman of the Sub- PAUL WOLFOWITZ. mit, as has been indicated, and it is to committee on Projection Forces, I am Mr. SKELTON. Mr. Speaker, I yield support our veterans. pleased to highlight the issues within 21⁄2 minutes to the gentleman from the jurisdiction of our subcommittee. No group of Americans has stood Texas (Mr. EDWARDS). stronger and braver for our Nation Mr. EDWARDS. Mr. Speaker, one of This conference report increases the requested authorization for programs than our troops and our veterans. From the most time-honored traditions of the bitter cold winter at Valley Forge America’s servicemen and women is to within the jurisdiction of the Sub- committee on Projection Forces by $1.3 to the boiling hot Iraqi terrain, our sol- keep their promise to leave no troops diers have courageously answered when behind on the battlefield. This revered billion to $30 billion dollars. Authoriza- tion is included for the administra- called, gone where ordered, and de- tradition is based on the principle that fended our Nation with honor. it would be wrong to leave those behind tion’s request of one Virginia class sub- As a Nation we have a sacred pact who have served in sacrifice for their marine, 3 DDG–51 destroyers, one LPD– with those who have served us in uni- country. Our Nation should honor this 17 amphibious assault ship, and two form. They have taken care of us and, tradition, this principle of respect cargo and ammunition ships. when it comes to the treatment of vet- Additional authorizations of $75 mil- in turn, we will always take care of erans. No veterans should be left be- lion for advance procurement of LPD– them. That is our solemn pledge. hind when it comes to providing them 17 and $248 million for SSN refueling Today, just before Veterans Day, we the benefits they have earned. overhaul are also included. Our con- stand on the floor of the House of Rep- Unfortunately, the Republican com- ference report addresses 100 aircraft resentatives prepared to vote on the promise on the disabled veterans tax KC–767 Air Force proposed lease pro- Department of Defense authorization known as concurrent receipt leaves gram by restricting the lease portion of conference report. And on this day we over 397,000 veterans behind, 397,000 the program to 20 aircraft, requiring have young men and women, the sons veterans, most of whom have served the Air Force budget to procure the re- and daughters of America on the our Nation in uniform 20 to 30 years. maining 80 aircraft. This approach will ground, engaged in war in Iraq. We sa- They would not benefit whatsoever save the taxpayer at least $2 billion lute them for their courage, their pa- from this so-called compromise that over the originally-proposed program. triotism and the sacrifice they are will- represents a lot of broken promises and We have also taken several initia- ing to make for our country. But this a lot of patriotic veterans left behind. tives to begin to address shortfalls in bill in many respects does not honor Many of the military retirees who important requirements of the Depart- their service. might be benefitted from this comment of Defense. An additional $20 mil- Democrats are fighting to live up to promise will never see its benefits be- lion to sustain a force structure of 83 our promise to our veterans by ending cause it is phased in over 10 years. How B–1’s, 23 aircraft above the level the unfair practice of the disabled vet- many World War II veterans will even planned; and an additional $208 million erans tax. The gentleman from Georgia be alive 10 years from now? for Tomahawk missiles, an additional (Mr. MARSHALL) will be offering the When Republicans passed a $230,000 $40 million for the Affordable Weapon, motion to recommit to this effect. He tax break just earlier this year for an additional $100 million bomber R&D is leading our fight for a complete and wealthy Americans making over $1 initiative for the next generation, fol- total repeal of the disabled veterans million a year in dividend income, low-on stealth, deep strike bomber. tax for all of our veterans. We have those massive tax benefits were made In addition, the recommended mark made this long-standing issue too hot effective this year. Why then are vet- includes several important legislative to handle for the Republicans and they erans forced to wait 10 years to see a proposals. First, a multi-year procure- have offered a proposal in today’s con- limited reduction in the disabled vet- ment authorization for several pro- ference report in response. Their pro- erans tax? Where is the fairness in grams. Second, a limitation on C–5A posal is a step, but it is not nearly good that? aircraft requirement. Third, an electro- enough.

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.005 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H10995 The Republicans have put forth a thing? And he said, we are not doing b 1100 proposal that leaves far too many vet- anything about that concurrent receipt The new personnel system will also erans behind. Under their Republican and we are never doing anything about ensure that employee representatives proposal, two-thirds of our veterans, that concurrent receipt. are included in the planning, develop- two-third of our veterans still will not They had a Democrat President. ment, and implementing of new human receive one penny of compensation for They had a Democrat Senate. They had resources management systems. There their disabilities. a Democrat House. They could have also will be a separate process to en- The Republican deal will address the done something about it, but they did sure that employee representatives tax for some veterans but not for oth- not, and now we get this phony pos- participate in the development and im- ers. For the select few it does address, turing after a deal has been worked out plementation of a new management re- the tax may not fully end for them for to really try to deal with the problem. lations system. 10 years. Many of these are veterans of I think that is a cheap shot, Mr. Chair- There are some things that did not World War II. Ten years is a long time man. But that is not why I rise today. get in this that we were beat back on to wait in any event, but especially if I rise to support H.R. 1588, the Na- in the Senate. I think the BRAC provi- you are a World War II vet. That is not tional Defense Authorization Act for sions were one that I wish were good enough. Fiscal Year 2004. We are a Nation en- changed. I think the firefighting provi- America’s veterans deserve better. gaged in an ongoing global war on ter- sions were very important to be On the battlefield of war our soldiers rorism. American soldiers, sailors, air- changed; but, in balance, H.R. 1588 will pledge to leave no one behind. As a Na- men and Marines are deployed all over make real improvements in U.S. mili- tion, it must be our pledge that after the world in support of Operation En- tary readiness and ensure the contin- our soldiers come home we will leave during Freedom and Operation Iraqi ued strength of U.S. Armed Forces for no veteran behind. Our veterans served Freedom. The bill supports all of our years to come, and I urge my col- for all of us. We must be there for all service members who are fighting ter- leagues to support this bill. of them. rorism and defending our homeland. Mr. SKELTON. Mr. Speaker, I yield In June, Democrats launched a dis- H.R. 1588 strikes a careful balance be- 31⁄2 minutes to the gentleman from charge petition to give Members a tween ensuring that our military is South Carolina (Mr. SPRATT). chance to vote to end completely the able to train in a realistic manner (Mr. SPRATT asked and was given disabled veterans tax for all military while remaining good stewards of the permission to revise and extend his re- retirees. Two hundred and three Mem- environment. The bill amends the Ma- marks.) bers, 201 Democrats, only 2 Repub- rine Mammal Protection Act so that it Mr. SPRATT. Mr. Speaker, with a de- licans, signed the discharge petition, can be read and implemented in a com- fense budget of $400 billion and an enor- despite the fact that 160 Republicans mon sense fashion. The Navy, for ex- mous range of issues, it is not easy to have co-sponsored the legislation. So ample, will now be able use new sonar bring a conference to closure, and I we know that our Republican col- technology vital to the protection of commend the gentleman from Cali- leagues believe that this is the right U.S. ships, submarines and global in- fornia (Mr. HUNTER), as well as the gen- course of action. Democrats are giving terests, without harming marine mam- tleman from Missouri (Mr. SKELTON), you a way to honor our own commit- mals. for what they have achieved. ment. The right thing to do was obvi- I rise in support of H.R. 1588, the con- The bill also changes the Endangered ous then when this discharge petition ference report thereon, but I have some Species Act to ensure that military was signed to completely end the dis- real concerns. First of all, I have al- training lands are used for their pri- abled veterans tax. ready spoken to the failure of the un- mary purpose, to train America’s The right thing to do today, just be- derlying bill to accrue properly the troops in realistic environments. These fore Veterans Day, is also obvious. budget authority that will be necessary changes will protect the environment Vote to recommit this bill with in- to implement the compromise on con- and also enhance the readiness of our structions to strip out the failed Re- current receipt or the provisions for military personnel. publican language on disabled veterans lease purchase of 100 tankers. I am con- tax and add the Democratic language H.R. 1588 also recognizes that the cerned about the radical reform of civil to completely and totally end the dis- military services will face significant service laws in the Department of De- abled veterans tax. Indeed, this lan- challenges as personnel and equipment fense and the dispensation this bill guage is the language of the gentleman return home from war. The level of ef- gives to the Department of Defense fort necessary to resurge this equip- from Florida (Mr. BILIRAKIS), a distin- from environmental laws that apply to guished member of the Republican ment at our maintenance depots will everybody else. Also, I am concerned Caucus. be extraordinary. This conference re- about the new and cumbersome stric- The current language again leaves port recognizes these consequences and tures on cooperative threat reduction. two-thirds of our vets behind. The includes additional funding for key I am particularly disappointed in the Democratic motion to recommit leaves readiness accounts. provisions of this report that deal with no veteran behind. We have a moral ob- The bill includes $9.7 billion for mili- low-level nuclear weapons. I believe ligation to those who have paid the tary construction and family housing the conferees should have stuck with high price for our freedom, those who projects around the world. This is an the bipartisan compromise reached by have worn our Nation’s uniform. Our increase in the President’s budget of the Committee on Armed Services and words must be as bold as their deeds, more than $420 million, with additional set forth in the defense bill that we and we must honor what they have funds targeted at projects to improve passed last May. That compromise was done for our country. the facilities in which America’s serv- sound enough that in July of this year So let us give a great gift to our vet- ice members live, work, train and oper- when I offered a motion to instruct, erans on this Veterans Day. I urge my ate. Such projects are extraordinarily those provisions were accepted and colleagues to honor our veterans serv- important to the quality of life for our upheld by the House without dissent. ice and vote yes when the opportunity military personnel and their families, The administration began this year comes for the motion to recommit. as well as U.S. military readiness. by stepping up its push for repeal on a Mr. HEFLEY. Mr. Speaker, I yield The National Security Personnel ban of low-level nuclear weapons re- myself 31⁄2 minutes. System established in this bill will pro- search and development, a ban which Let me just respond just a second to vide the Secretary of Defense flexi- has been in the law for 10 years. There the gentlewoman who just spoke. bility to hire, fire and promote a more was little opposition here to broad- The Democrats controlled this House agile workforce; the authority to tie ening research into low-yield nuclear for 40 years, and I went to Sonny Mont- pay to performance; increased ability weapons, but there was bipartisan con- gomery, who was chairman of the Com- to classify positions and to administer cern about going so far as engineering mittee on Veterans Affairs, and I asked pay and allowances; and a better basis development. And so both the House him years ago, why do we not do some- on which to establish a labor relations and Senate authorization bills pro- thing about this concurrent receipt system. posed changes to allow research into

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.034 H07PT1 H10996 CONGRESSIONAL RECORD — HOUSE November 7, 2003 low-yield nuclear weapons, but re- a national security personnel system stood ready to serve in times of war stricted any move into engineering de- that we have created that will allow and times of peace. This country owes velopment. the Department of Defense to shed the them more than a tax on the disability The Senate, on the other hand, re- shackles of its 50-year-old civil service compensation. pealed the so-called Spratt-Furse structure, because when it comes to I fear the partial phase-in of concur- amendment entirely, but then our civil service, the tradition of pre- rent receipt will create two classes of backfilled the cavity with caveats bar- serving traditions has become a tradi- veterans: those who will continue to ring testing or deployment of low-yield tion. It is time for that to change. suffer under the disabled veterans tax nuclear weapons. They also added lan- Some of my colleagues on the other and those who will be deemed disabled guage requiring specific congressional side of the aisle have come up with enough to receive their compensation. authorization to move into develop- some statements on this that I think Their sacrifice and service was equal. ment of any advanced nuclear concept are off the mark. They have noted that Congress should treat them with the project. These are the provisions in- this bill makes a mockery of labor- same equity with which they served. cluded in the conference report. management relations. This conference Whether being drafted into service or By contrast, the House version report includes chapter 71, the labor- volunteering, every disabled veteran amended existing law rather than re- management relations in the list of was prepared to give their last full pealing it. We explicitly authorized re- nonwaivable chapters in title V of the measure. Each was prepared to dem- search, but we maintained a bar on de- U.S. Code. The agreement sets up an onstrate the ultimate commitment; velopment beyond detailed feasibility extensive collaborative process that re- yet Congress cannot even muster for studies, the so-called 6.2a level of requires the Department to work side by them half a loaf. search and development. side with the unions and employee Mr. Speaker, as we head home to ob- Our compromise may have similar in groups in setting up the human reserve Veterans’ Day, this is no way to consequences to the Senate approach, sources management system for the honor our veterans. To divide veterans but I think it was superior in form be- Department of Defense. The agreement into the haves and have-nots is not because it makes clear that it is the pol- sets up an extensive collaborative proc- fitting the sacrifices they made. They icy of the United States not to develop ess that requires the Department to gave our country 100 percent, whether low-yield tactical nuclear weapons. work side by side with the unions in in times of war or peace; and they de- The House compromise, thus, gives setting up the process in which man- serve 100 percent of what they earned. In closing, I will be supporting H.R. stronger assurance that Congress will agement and labor work together in 1588, but also will be supporting the be an equal partner if that policy is re- the future. versed, if that decision is taken, and if The second and third requirements Marshall motion to recommit to ex- there is a move to go beyond research. are new to Federal law. No other agen- pand concurrent receipt to all of our When we adopted the Spratt-Furse cies are required to coordinate with disabled veterans. Mr. HEFLEY. Mr. Speaker, I yield amendment in the early 1990s, it came their employees, a good precedent. for the purpose of making a unanimous in the wake of an issue taken by the Another gentleman said that the bill consent request to the gentleman from first President Bush whereby we with- eliminates overtime pay for civilian Alabama (Mr. EVERETT). employees. That is absolutely false. drew a number of tactical nuclear (Mr. EVERETT asked and was given Overtime pay is not eliminated. The weapons from Europe and the Soviets permission to revise and extend his re- responded in kind. This was a step back agreement, in addition to having $500 marks.) and a step forward for nuclear security million in a human capital perform- Mr. EVERETT. Mr. Speaker, I rise in throughout the world. This initiative ance fund for civil servants who per- support of this bill. It is very impor- helped us later on to persuade Ukraine, form in an outstanding fashion, the tant that for the first time in well over Kazakhstan, and Belarus to forswear agreement provides the Department 40 years we do something about concur- nuclear weapons. the authority to improve the current rent receipt. If today the United States should provisions in law relating to overtime Mr. Speaker, I rise in strong support of the move toward renewed development of pay for some of the Department’s most conference agreement on the National De- nuclear weapons, especially weapons valuable employees. It asks for this fense Authorization Act for fiscal year 2004. designed to be more usable due to their language not to scrap overtime pay; in- This is a solid bill that broadly serves our low-yield warheads, it sends the wrong stead, they are asking for authority national security interests and addresses the signal. not to be bound by the voluminous re- needs of our armed forces as we continue the Mr. Speaker, I support the conference strictions and requirements in title V fight against terrorism. I will get to some of its report because it does many things I that dictate how, when, and where DOD strengths in a minute. But first I want to thank support, particularly for the quality of is authorized to administer overtime you Chairman HUNTER and Ranking Member life for our troops, and also because I pay. This will allow the Department of SKELTON for the leadership you have provided trust that the effect of the language in Defense to move into the modern age. in putting this bill together. And I particularly the report will be enough to forestall Mr. SKELTON. Mr. Speaker, I yield 2 want to recognize the ranking member of the development of mini-nukes. I rec- minutes to the gentleman from Wash- Strategic Forces subcommittee, Mr. REYES, for ommend support for the bill. ington (Mr. LARSEN). his efforts on this bill. Together we have tack- Mr. HEFLEY. Mr. Speaker, I yield 2 Mr. LARSEN of Washington. Mr. led some very tough issues. minutes to the gentleman from Vir- Speaker, I rise today in support of H.R. The first long range missiles and nuclear ginia (Mr. TOM DAVIS), who is chairman 1588, the National Defense Authoriza- weapons were developed almost 60 years of the Committee on Government Re- tion Act of 2004. I want to thank the ago. Yet today, we have no means to defend form. gentleman from California (Chairman the territory of the United States against even (Mr. TOM DAVIS of Virginia asked HUNTER) and the gentleman from Mis- a single long range missile, and have only re- and was given permission to revise and souri (Mr. SKELTON), the ranking mem- cently begun to deploy defenses against the- extend his remarks.) ber, for their hard work on this bill. I ater range missile threats. In December of last Mr. TOM DAVIS of Virginia. Mr. must, however, express my deep res- year, the President announced his intention to Speaker, this legislation has a number ervations with regards to what I see as enhance the capabilities of our Pacific missile of component parts, concurrent re- the inadequacy of the concurrent re- defense test bed to field a modest, initial de- ceipt. It has a $500 million human cap- ceipt provision. This Congress is ex- fensive operational capability to defend the ital performance fund that will reward panding concurrent receipt to only 30 territory of the United States by the end of fis- civil servants for outstanding perform- percent of disabled retirees. Where is cal year 2004. The President requested $9.1 ance, something we have never had be- our commitment to all of our veterans? billion to support that—and other—missile de- fore. It has a services acquisition re- Congress must not forget those veteran fense efforts. form act element that will reform the retirees who will still be denied their I am pleased to report that this bill fully way we buy and purchase services hard-earned retirement pay. All vet- funds the request, providing the resources re- which can save literally billions of dol- eran retirees give at least 20 years of quired to meet this great and historic chal- lars for America’s taxpayers, and it has service to this country. They have lenge. The conferees have also agreed to shift

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K07NO7.036 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H10997 funds from longer term, less mature efforts in meet the threats of tomorrow with fu- 3,500 retired disabled veterans in Or- order to accelerate nearer term fielding of sys- turistic systems like the Air Force’s F/ egon who are currently penalized by tems like Patriot that are designed to protect A–22 Raptor. The bill provides funding this sick tax will receive no benefit our troops deployed worldwide who face in- to make our homeland safe by com- under this Republican compromise. creasing threats from theater range ballistic bating terrorism at home and abroad While I am pleased we were able to missile threat. and continuing to develop a ballistic take this first step, we cannot stop Some of the most difficult issues we ad- missile defense system. until all of our Nation’s military retir- dressed in this bill involve nuclear weapons. Most important in this legislation, ees who are disabled as a result of serv- Since the end of the cold war, we no longer however, are the provisions aimed to ice to this country are able to receive face a monolithic threat. The new national se- benefit our current and past the compensation they have earned and curity environment in which we find ourselves servicemembers. H.R. 1588 provides a deserve. This is a promise we must requires that we adopt a more flexible and 4.1 percent pay raise, and it increases keep. adaptive approach to planning for our strategic imminent-danger pay. It also funds im- Mr. HEFLEY. Mr. Speaker, I reserve deterrent. It further requires that we examine portant military family housing, edu- the balance of my time. the weapons in our aging stockpile to deter- cation and military facilities. H.R. 1588 Mr. SKELTON. Mr. Speaker, I yield 2 mine if they continue to meet the Nation’s directs improvements to the TRICARE minutes to the gentleman from Mary- needs for a credible and robust deterrent. Pro- system and survivor benefit, and it land (Mr. HOYER). visions of this bill would allow our scientists contains many other provisions for Mr. HOYER. Mr. Speaker, the con- and engineers the freedom to explore the full members of the National Guard and the ference report before us is one I will range of options for defeating existing and Reserves. support. It will provide adequate pay, emerging threats. At the same time, the bill in- I thank the chairman of the Sub- housing and training for the men and cludes ‘‘checks’’ that reserve for Congress the committee on Total Force, the gen- women serving our country on active authority to approve the development of cer- tleman from New York (Mr. MCHUGH), duty and in the Guard and Reserves. It tain classes of new nuclear weapons. for his tremendous dedication to these funds important modernization prior- The bill would also authorize the budget re- quality-of-life issues. ities that will ensure that the weapons quest of $6.4 billion for the weapons activities This bill also recognizes the inherent systems with which we equip our of the National Nuclear Security Administra- unfairness that disabled military retir- troops are the most advanced and capa- tion. The United States has observed a mora- ees have their retirement benefits off- ble in the world for years to come. set by the amount of their disability torium on nuclear testing for over a decade, b 1115 and NNSA programs continue to maintain the benefits by providing concurrent re- safety, reliability and performance of the nu- ceipt for more veterans than have ever However, the report is not perfect. I clear stockpile in the absence of testing. been covered before. am disappointed by the way in which However, recognizing that circumstances Finally, I thank the gentleman from the conference report treats civilian may require a return to testing at some point California (Chairman HUNTER) and the employees of the Department of De- in the future, and that the current test readi- ranking member, the gentleman from fense. Simply stated, the report will ness posture of almost 3 years does not pro- Missouri (Mr. SKELTON), for not only strip more than a third of our Federal vide a real option for any President, the con- their leadership of our committee but civilian employees, over 700,000 hard- ferees have included a provision that would also for their work in shepherding this working men and women, of their most require the Secretary of Energy to achieve bill through the legislative process. basic worker protections and rights. and maintain a readiness posture of not more They recognize that we owe all of our I am sorry the gentleman from Vir- that 18 months. freedom and safety to our brave men ginia (Mr. TOM DAVIS) left the floor. He The conference agreement provides strong and women in uniform and that Con- indicates 71 and some of the other arti- support for the military space and intelligence gress can help them in a major way cles that protect Federal employees activities that have proven so effective in Af- with the passage of this bill. They also will not be waived. That is technically ghanistan, and more recently Iraq. Notably, know how important this bill is to my true, but the bill allows them to be sus- the bill would promote development of the district and Fort Benning in Columbus, pended for the next 10 years. So al- U.S. commercial space-based imagery indus- Georgia, the home of the infantry though they technically cannot be trial base, enhance space-based communica- where 37,000 active duty troops go to waived, they will not be in effect at the tions to support the warfighter, and robustly work every day. decision of the Secretary. fund development of unmanned aerial vehicles In conclusion, I urge my colleagues Let me be clear. I am not opposed to for intelligence, surveillance and reconnais- to vote in favor of H.R. 1588. thoughtful reform of our civil service sance. Mr. SKELTON. Mr. Speaker, I yield 1 system. However, the report goes too Mr. Speaker, the men and women of our minute to the gentlewoman from Or- far. It will undo decades of some of the armed forces are doing their part everyday in egon (Ms. HOOLEY). most important worker protections en- places far from home. Let us do our part, and Ms. HOOLEY of Oregon. Mr. Speaker, acted by Congress and supported for pass this bill. I rise in support of this conference re- decades by Republican and Democratic Mr. HEFLEY. Mr. Speaker, I yield 21⁄2 port, and I thank the gentleman from Presidents alike. minutes to the gentleman from Geor- Missouri (Mr. SKELTON) for yielding me Notwithstanding these concerns, Mr. gia (Mr. GINGREY), a member of the this time. Speaker, I will support this important Committee on Armed Services. I am happy to see we are finally mak- agreement. I expect it to pass by a wide Mr. GINGREY. Mr. Speaker, I rise ing some progress on eliminating the margin with broad support from both today in strong support of the con- unfair disabled veterans tax, but it is House Democrats and Republicans who ference report on H.R. 1588, the Na- not enough. We must keep working to stand squarely behind our troops and tional Defense Authorization Act for ensure that no disabled veteran has to in favor of protecting our national se- Fiscal Year 2004. This critically impor- give up their hardearned military re- curity. tant legislation provides our brave men tirement pay just because they earn Mr. HEFLEY. Mr. Speaker, I yield 11⁄2 and women in uniform the tools they disability compensation. minutes to the gentleman from New need to accomplish their missions, but Under the Republican plan, veterans Jersey (Mr. SMITH), chairman of the it also contains many provisions to im- who are more than 50 percent disabled Committee on Veterans’ Affairs. prove their quality of life. will begin to receive a benefit that will Mr. SMITH of New Jersey. Mr. This bill increases the combat capa- be phased in over the next 10 years; but Speaker, the Democratic motion to re- bilities of our Armed Forces with ap- this still leaves two-thirds of disabled commit is among the most cynical and propriate levels of spending for readi- veterans behind. In Oregon, 5,500 dis- political motions I have seen in my 23 ness, procurement, research and devel- abled veterans are currently penalized years in Congress. And I believe, Mr. opment. It funds programs such as the by this sick tax. Under this com- Speaker, it is a cheap shot, cynically M1 Abrams tank and Bradley fighting promise, 2,000 veterans will receive designed and crafted to politicize dis- vehicles that are used in current con- some sort of relief at some point over abled veterans and to mock the his- flicts, and transforms our military to the next 10 years, but the remaining toric benefits increase contained in

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.006 H07PT1 H10998 CONGRESSIONAL RECORD — HOUSE November 7, 2003 this bill, $22 billion in the first 10 years Mr. HEFLEY. Mr. Speaker, I reserve tions provided under the current law. Chapter and at least $57 billion over the next 20 the balance of my time. 71 of Title 5 of the U.S. Code sets forth re- years for disabled veterans. For exam- Mr. SKELTON. Mr. Speaker, I yield 1 quirements for federal agencies to engage in ple, a 100 percent service-connected dis- minute to the gentlewoman from Texas good faith bargaining with unions and protects abled veterans over the next 10 years (Ms. JACKSON-LEE). against discrimination based on union mem- may see an increase of approximately (Ms. JACKSON-LEE of Texas asked bership. This bill claims to make Chapter 71 $167,000. That is brand new money. and was given permission to revise and nonwaivable but essentially allows the Depart- They do not have it now. Under this extend her remarks.) ment of Defense to waive Chapter 71 require- bill these deserving men and women Ms. JACKSON-LEE of Texas. Mr. ments for the 6-year period following enact- will get it. The same goes for those Speaker, I rise today in full support on ment. During these 6 years, the Department of whose wounds are combat related or the eve of Veterans’ Day of a full com- Defense can unilaterally establish a new labor rated 50% or above by the VA. pensation and total concurrent receipts relations sytem after only minimal consultation For the last 100 years, as we know, for all of our veterans. I want the un- with unions and minimal notification to Con- the unfairness of concurrent receipt warranted tax against veterans to be gress. This new system will supersede all ex- has been with us. For most of those eliminated. I do not like the fact that isting agreements negotiated between the De- years, the Democrats had a hammer 390,000 of our veterans will be left be- partment of Defense and its unions. lock on the House and Senate and did hind in this bill and will be supporting During the 6-year period, the Secretary of nothing. In the early 90’s the Demo- the motion to recommit but will add Defense will have the authority to decide what crats had it all. Bill Clinton was in the my support to this legislation because issues will be bargained, whether labor-man- White House for 8 long years. Yet noth- I hope that we can take a baby step in agement impasses will be resolved by an out- ing was done on the Bilirakis bill. order to make a giant step toward pro- side third party, and what protections union Nothing was done to reform concurrent viding for all our veterans. members will have against discrimination. This receipt. Even this year, it wasn’t in the I would ask my colleagues to go back authority will allow the Department of Defense Democratic budget. We tried to make to the drawing boards on helping our to run roughshod over its unions for the 6 this a bipartisan effort—today’s mo- civil service employees at DOD, be- years, making a mockery out of the collective tion is pure politics. cause overtime is a precious com- bargaining process. Mr. Speaker the lack of I am sickened by this kind of pos- modity for those trying to provide for proper protection for our hard working civil turing. I know the game you are play- their families. Then I think it is appro- service employees is unacceptable. My con- ing. This is all about the next election. priate that we hear from Secretary cern for civil service reform in this bill does not Our bill is a victory for veterans. This Rumsfeld and Paul Wolfowitz on an end with collective bargaining rights. In addi- will make a significant addition to the exit strategy that will help our young tion, this Authorization removes many vital due benefits received by our disabled vet- soldiers on the front lines in Iraq be- process and appeal rights for Department of erans. I hope Members will vote for it. cause we do believe they are fighting Defense employees. Perhaps most striking is Mr. SKELTON. Mr. Speaker, I yield 2 for our freedom but it is crucial that the fact that this bill removes the requirement minutes to the gentleman from Maine we understand the loss of life has ex- that Department of Defense employees must (Mr. MICHAUD). ceeded all speculation. And then, of receive additional pay for working overtime, Mr. MICHAUD. I thank the distin- course, I do appreciate the compromise working on holidays or weekends, or working guished gentleman for yielding me this that has allowed us to buy more equip- in jobs involving unusual physical hardship or time. ment for the Air Force and the Boeing hazard. Both the House and Senate voted re- Mr. Speaker, I cannot speak for compromise of lease and option to pur- cently to protect overtime pay for private sec- former Members of Congress because I chase. This approach will be an effec- tor employees. Mr. Speaker it is disheartening am a freshman this year, but had I tive way to balance need and costs. that we are removing many basic rights from been a Member of Congress in the past, And then on the eve of this very fine our civil service employees that we would nor- I definitely would be fighting strongly Veterans Day, let me pay tribute to all mally guarantee for most Americans. for the repeal of concurrent receipt. of our veterans, our combat wounded, CONCURRENT RECEIPTS Mr. Speaker, I rise in strong support and particularly those young men and of the motion to recommit to provide Mr. Speaker I rise in full support with my full concurrent receipt for disabled women on the front lines in Iraq, those Democratic colleagues in asking for the imme- military veterans. For years, the lack families who have lost their loved ones diate elimination of the disabled veterans tax. of concurrent receipt, or as some have in Iraq and, yes, those who languish in I will support the motion to recommit. This Au- called it the disabled veterans tax, has our hospitals who are wounded. It is thorization bill leaves two-thirds of our military taken benefits from the pockets of de- time now that we stand for them and retirees to continue having their compensation serving military retirees. It is an em- provide the full support that they need. compromised by this tax. Disabled military re- barrassment that Congress has gone Let us leave no veteran or soldier be- tirees should not be prohibited from receiving this long without taking care of that hind. the full amount of their retirement pay while disabled veterans tax. I am glad that Ms. JACKSON-LEE of Texas. Mr. Speaker, still receiving the full amount of their full dis- some veterans will get relief under this I rise today in support of H.R. 1588 the Na- ability compensation—these benefits are their bill. But all veterans deserve relief. tional Defense Authorization Act for 2004. I entitlement; after all, we are forever indebted This is a matter of keeping sacred am supporting this legislation because our to them for their service. Our disabled vet- promises. fighting men and women deserve to be prop- erans should be amongst our most cherished The so-called compromise today is erly funded. However, I have grave concerns and recognized individuals in society, they de- leaving a lot of veterans behind, in- in regards to how this legislation has been serve better than to be penalized for their sac- cluding 2,038 veterans in Maine who handled by the majority party in the House rifice in battle. This body must move as a would get benefits if we enacted full Armed Services Committee. I stand with whole to adopt the proposal on concurrent re- concurrent receipt for all. Ranking Member IKE SKELTON in expressing ceipts and eliminate this tax that is an undue I urge my colleagues to vote for the my dismay that Democratic members were not burden on our disabled veterans who have al- motion to recommit to provide a full consulted on very important provisions of this ready sacrificed enough for their nation. benefit to all veterans. If that fails, I significant legislation. This Authorization bill EXIT STRATEGY FOR IRAQ definitely will support the final bill to while momentous cannot truly be considered Mr. Speaker while this Authorization bill pro- give relief to at least some of our de- the work of this entire body if it was not inclu- vides necessary funding for our brave fighting serving veterans, including 1,219 in sive of Democratic members. Even so, I add men and women this body must insist on re- Maine who will now get concurrent re- my appreciation to Chairman DUNCAN and ceiving a report on the exit strategy from Iraq. ceipt under this bill. That is a good Ranking Member SKELTON for their sincere It is pertinent that this Congress be informed step forward. commitment to our Armed Forces. how long our soldiers will have to face mortal But I will not give up and I will keep CIVIL SERVICE REFORM danger. How can we reasonably assume the working until all veterans get full con- My concern is most evident in the lack of cost of funding our Armed Services when we current receipt and we eliminate the power civil service reform addressed in this have little information as to when our current unfair disabled veterans tax on these bill. The bill claims to protect collective bar- conflict will end? Secretary Rumsfeld has an veterans. gaining rights but removes all of the protec- obligation to this body and indeed to our brave

VerDate jul 14 2003 05:12 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\K07NO7.042 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H10999 troops to report on the administration’s exit Mr. SKELTON. Mr. Speaker, I yield 2 wholeheartedly or with others’. But on strategy from Iraq. minutes to the distinguished gen- the other hand there is so much in this CHINOOK HELICOPTER tleman from Washington (Mr. DICKS). bill that takes care of the troops, their Mr. Speaker, I feel that this Authorization bill Mr. DICKS. Mr. Speaker, I want to families, their needs, their capability while supporting the needs of our Armed thank the distinguished gentleman of waging war, and we are at war, Mr. Forces may not address the need for greater from Missouri, who is a classmate, for Speaker. With that in mind, I hope that every protection for the Chinook helicopter that is yielding me this time. I want to com- person in this Chamber, despite the widely used by our Armed Forces. The tragic pliment him and Chairman HUNTER on misgivings of some provisions, will loss of life that occurred by the downing of this bill. We have worked for 2 years on support this bill with the under- Chinook helicopters in Iraq illustrates the need the tanker provisions in this legisla- standing that in so doing, a vote for for the implementation of defense technology tion. I am convinced that modernizing this bill is a vote of confidence and ap- to provide greater protection for the Chinook our tankers is absolutely crucial to na- preciation for those who are wearing helicopters. Indeed, the Chinook is a vital in- tional security. The gentleman from Missouri and I have worked for many the uniform and those families at home strument used by our Armed Forces to trans- in whose prayers those young soldiers, port troops and supplies to our fighting forces years to implement and upgrade the B– 2 bombers which fly out of Whiteman, sailors, airmen and Marines are. on the ground. However, it is also one of our Mr. Speaker, I reserve the balance of most vulnerable pieces of our military arsenal. Missouri. We have found that in all of these deployments that tankers are ab- my time. The infrared technology aboard the Chinook Mr. HEFLEY. Mr. Speaker, I yield 30 makes it more susceptible to ground-to-air solutely crucial. I must tell the House that the condi- seconds to the gentleman from Florida missile attack. I am disappointed that this Au- tion of our tankers today is not good. (Mr. YOUNG), chairman of the Com- thorization bill may not address the need for The KC–135–Es have significant corro- mittee on Appropriations. modifications to the Chinook helicopter that sion. They were all built between 1957 Mr. YOUNG of Florida. I thank the can counteract its vulnerability. We must not and 1963 in the Eisenhower and Ken- gentleman for yielding me this time. allow our Armed Forces to lose more brave Mr. Speaker, I rise, number one, to nedy administrations. I have been on men and women because we did not address congratulate the Committee on Armed them. I have talked to the pilots who this glaring need, let’s move to insure the Services, led by Chairman HUNTER, fly them. I have talked to General safety of all fighting equipment. Chairman HEFLEY and Ranking Mem- Handy, General Jumper and they are While I have grave concerns about this mo- ber SKELTON. It is a good bill. I rise in convinced that replacing these tankers mentous legislation I am voting in support of support of the bill and against the mo- is one of the most important things we this Authorization. I do so because we must tion to recommit. can do to preserve our military capa- support our Armed Forces, as well it is long Primarily, though, I want to com- bility. When you think about it, every overdue that our civil service and defense em- pliment my friend and colleague from time we deploy, we have to have tank- ployees receive pay increases. Florida (Mr. BILIRAKIS) for the work ers. We have to have EA–6–Bs, those I am also heartened by the purchase com- that he has done over the years on the jammers. Both of them are very, very promise reached with Boeing in this legisla- issue of concurrent receipt. Veterans old and both of them need to be re- tion. Boeing and their supporting suppliers all over America will appreciate the placed and we need get on with it. determination and the tenacity that he who are based in Texas are innovative, when One of the things that I am con- called upon, they are capable of responding to has brought to this issue of concurrent cerned about that we still have not ad- receipt. Today is a recognition of total national security and civil market needs. It is dressed since the Bush administration also important in the future that contracts with dedication and hard work and not will- took office is the fact that we are short ing to give up, while it has been very the Department of Defense rely on both the in procurement still 30 to $40 billion. lease and purchase of this vital equipment. frustrating on occasion. The gentleman The big argument in the tanker issue is from Florida has done an outstanding Mr. Speaker I hope in the future that such lease versus buy. The only reason we significant legislation as this will involve the job. I just want to rise today to say had to do a lease is the Air Force did that. It is a heartfelt thanks to the debate and full consideration of this entire not have the money to buy these air- body. gentleman from Florida and on behalf planes. That is why we have got to get of all the veterans all over our great Mr. HEFLEY. Mr. Speaker, I reserve the procurement account up, General the balance of my time. country for him having been able to Myers says somewhere between 100 and make this happen today. Mr. SKELTON. Mr. Speaker, I yield $110 billion. We are at $72 billion. We Mr. SKELTON. Mr. Speaker, I yield 30 seconds to the gentleman from have got work yet to be done here. the balance of my time to the gen- Washington (Mr. BAIRD). I am also very concerned about the tleman from Georgia (Mr. MARSHALL). Mr. BAIRD. Mr. Speaker, I thank the provisions in this bill that deal with Mr. MARSHALL. Mr. Speaker, I gentleman for yielding me this time. I worker rights. We are going to con- thank the gentleman from Missouri profoundly appreciate the hard work tinue to work on that. I hope that (Mr. SKELTON) and the gentleman from that has gone into this legislation but, down the road we can exempt shipyards California (Mr. HUNTER) for their lead- my friends, we know that it is 1,200 from those new restrictions. ership in pulling together a good bill. pages long, it spends $400 billion of the PARLIAMENTARY INQUIRY Not all of the provisions of this bill are taxpayers’ money and no one in this Mr. SKELTON. Mr. Speaker, I have a satisfactory to everyone in this Cham- body save the conference members parliamentary inquiry. ber and ultimately I think this bill will have had more than 3 hours to read The SPEAKER pro tempore (Mr. pass, but I want to give us an oppor- this. SIMPSON). The gentleman will state it. tunity to improve the bill by increas- It is a fine thing to stand up and say Mr. SKELTON. Who has the right to ing the tax cut that this bill con- we support our troops, and we all do. close? templates for disabled American vet- But the fact is we should not be voting The SPEAKER pro tempore. The gen- erans. on this today because we have not read tleman from Colorado has the right to I have heard a reference to this being it. We should vote next week on this, close. cynical. I have heard a reference to the after we have had time to think about Mr. SKELTON. Mr. Speaker, I yield history of the House in which there this seriously. If we truly care about myself such time as I may consume. were other opportunities to end the our veterans, let us care enough to Let me take a moment, Mr. Speaker. disabled veterans tax, but I am a new read the legislation, and if we truly This is deadly serious business that we guy here and I think today we have an care about our troops, let us care are about. We are providing for the opportunity to do what is right. If it enough to read this legislation. troops, those who wear the uniform of was right 20 years ago or 50 years ago I will vote ‘‘present’’ because I do not the United States of America as pro- or 10 years ago, it is right now. have enough information to vote yea or vided by the Constitution of the United I am going to offer a motion to re- nay, and I regret that profoundly. States. This is of the highest calling of commit. I want everybody to under- Mr. HEFLEY. Mr. Speaker, I reserve our Congress. No, all the provisions in stand what that motion to recommit the balance of my time. this bill do not meet with my approval does.

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.008 H07PT1 H11000 CONGRESSIONAL RECORD — HOUSE November 7, 2003 b 1130 time. We may have had one. I am not by many veterans. I believe the debate needs It leaves the entire bill intact. It even sure we had even that. Never in to be continued on this very important issue, changes nothing in the bill with the ex- any of their budgets had they even put and I was disappointed that the majority chose ception of one thing: it instructs that a single penny into their budgets for to adopt a half-measure rather than solving the House conferees go as far as they full concurrent receipt, even the most the problem in its entirety. can toward the Senate position with recent ones. The discharge petition I also am dismayed that efforts to clarify the regard to the disabled veterans tax, would bring H.R. 303 on the floor. There Berry amendment failed. This is not a failure also known as concurrent receipt. If we is going to be a motion to recommit, of the conference process, but it is a serious do that, we effectively eliminate the which basically says we have got to blow to the textile industry in Massachusetts disabled veterans tax. We are not doing have the entire amount. and across the country. that in this bill. Why did you all not crank those dol- Having said that, I believe the conference We do give a tax cut to disabled vet- lars into your budget? You have not report is on the whole a solid proposal. At a erans in this bill. It is the compromise, chosen to do so. time when members of our Nation’s military frankly, that has been forced as a re- The gentleman has talked about his are being asked to make tremendous personal sult of all of the attention brought to discharge petition. My discharge peti- sacrifices, this bill represents a step in the this issue during this session by many tion back in the early 1990s, 1993 I be- right direction. veterans groups, by many on the lieve it was, failed. Where were all the I recognize the importance of providing a Democratic side, by the discharge peti- signers from that side of the aisle back truly bipartisan authorization package in order tion that I filed earlier, and because so in 1993, or whatever that year was, to maintain the world’s most capable military. many people have supported the Bili- when we had that discharge petition? To this end, the Subcommittee on Terrorism, rakis bill in the past. Right now we Politics, I might say, politics, politics. Unconventional Threats and Capabilities, have got about 370 cosponsors of the Starting January 1 of next year, the where I serve as ranking member, authorized Bilirakis bill. House Resolution 303 is proposal will phase in full concurrent increased spending on DARPA, chemical and designed to end the disabled veterans receipt for all retirees who have dis- biological defense, and special operations. I tax. There are many on the other side ability ratings 50 percent or more. It applaud Subcommittee Chairman SAXTON for of the aisle who have signed on as co- expands the combat-related special his leadership and work on these issues, and sponsors of H. Res. 303 to end the dis- compensation program to cover all 100 I also want to thank Ranking Member SKEL- abled veterans tax. We have got an op- percent combat-related disability cat- TON for all of his efforts. portunity to do that right now with egories, as opposed to those that are 60 While this bill generally represents a sound this motion to recommit. It is a rifle percent now. It also extends these ben- approach to most of the issues before the shot. It does only one thing, and that is efits to the Reserve and National Committee, I am disappointed that its flaws do right by our veterans. Guard, who have not been getting it up were not corrected. In the coming months, I Some have said that we cannot afford to now. hope that we will be able to move forward and more than this. I like tax cuts. While I Despite this breakthrough, Mr. address the shortcomings in this conference was the mayor of Macon, I led the fight Speaker, full concurrent receipt re- report. to lower our property taxes for the mains a priority goal for all of us. Only Mr. DINGELL. Mr. Speaker, I would have first time in 20 years. I think I am one let us show it. Rather than just dis- liked to offer my support to this conference re- of the few Democrats, fewer than 10, I charge petitions, let us put the dollars port. The conference report includes a much suspect, that voted for the compromise into the budget, if we will, on both needed pay raise and much needed support administration tax cut that we passed sides of the aisle if we are really seri- for our military families. In typical fashion, earlier this year. I will vote for other ous. however, my Republican colleagues have tax cuts as well. I ask everybody to vote for this bill taken a good bill and bogged it down with ex- We have got to prioritize our tax and to oppose the motion to recommit, traneous and extreme measures. The con- cuts. We will have an opportunity right Mr. Speaker, for the reasons stated. ference report does not include the stronger now to give tax cuts to disabled vet- Mr. MEEHAN. Mr. Speaker, I rise today in House language on Buy America and allows erans that they well deserve and that support of the Department of Defense author- research on low-yield nuclear weapons—a we can afford if we are willing to put ization conference report. But before I address practice prohibited by Republicans and Demo- that tax cut toward the top of the pri- the issues raised by this bill, I want to thank crats over the last 20 years because it violates ority list. Others here have voted for the staff for their hard work on this bill. I espe- the non-proliferation treaty and makes it easier tax cuts beside this one. Now is an op- cially appreciate the efforts of Bill Natter of the for questionable regimes to obtain nuclear portunity to vote for this. That is why Committee staff and Bill McCann from my per- weapons. The conference report also exempts I am doing this motion to recommit. sonal staff. I also want to extend a special the military from complying with two of our Mr. HEFLEY. Mr. Speaker, I yield thank you to Faye Virostek, who has worked most important environmental laws, the En- the balance of my time to the gen- in my office as a Brookings Fellows for almost dangered Species Act and the Marine Mam- tleman from Florida (Mr. BILIRAKIS), a year. Faye is tremendously talented and mal Protection Act. who is not a Johnny-come-lately on dedicated. She has contributed greatly to my When this authorization process began, concurrent receipt. He has led this work on the Armed Services Committee and Secretary Rumsfeld came to Congress and fight longer than I have been a Member to my office, and I wish her the best as she told us that in order to maintain readiness, of the United States Congress. prepares to return to her permanent executive they needed exemptions from the Clean Air (Mr. BILIRAKIS asked and was given branch job. Act, the Resources Conservation Recovery permission to revise and extend his re- I did not sign the conference report because Act, Superfund, the Endangered Species Act, marks.) I object to the exclusion of the minority mem- and the Marine Mammal Protection Act. Fortu- Mr. BILIRAKIS. Mr. Speaker, as to bers of the Conference Committee from delib- nately, the Congress saw fit to exclude most the issue of concurrent receipt, which erations over several important issues. In of what the DOD asked for with regard to en- the other side keeps referring to as a some cases, we were able to work construc- vironmental exemptions. tax on disabled veterans, as the Mem- tively to reach reasonable compromise, but in The conference report directs the Secretary bers know, and I appreciate all the others the majority was unwilling to work with of Interior to substitute the Department of De- kind remarks that I have received from us in an attempt to produce a consensus posi- fense’s land management plan, known as an both sides of the aisle, but I have tion. I do not believe that our Nation’s interests Integrated Natural Resources Management worked on this for 18 years, and during or this institution are well-served by this proc- Plan, for critical habitat designation under the the first half of those 18 years, the ess. Endangered Species Act, if the plan provides other party was in charge, and we have For example, the conference report mirrors a ‘‘benefit’’ for threatened species. Further, the to ask ourselves what was done during the House report language to rewrite the En- conference report does not require that the In- all that period of time. I say to the dangered Species Act and Marine Mammal tegrated Natural Resources Management Plan Members nothing, nothing. I am Protection Act, two critical environmental laws. benefit the species. searching my mind to try to find out In addition, the resolution on concurrent re- This is a much lower standard than the cur- how many hearings we were able to ceipt of disability and retirement benefits fails rent law, not to mention the DOD has enough have on this issue during that period of to resolve the unfairness and hardship faced trouble coming up with a management plan for

VerDate jul 14 2003 05:12 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K07NO7.048 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11001 things it is supposed to know about, let alone important aspect of military transformation. I frame in accordance with the BRAC (base re- fish and wildlife. If the military is able to es- wish to convey my deepest gratitude to Chair- alignment and closure) process. This com- cape the critical habitat designation, private man HUNTER and Ranking Member SKELTON promise would afford the Navy a quick depar- property owners will have to bear the burden of the Armed Services Committee, as well as ture and cost savings, while keeping with the of providing for the recovery of threatened and Chairman JERRY LEWIS and Ranking Member important protections and procedures required endangered species. This is simply not right. JACK MURTHA of the Defense Appropriations by BRAC. It would also provide Puerto Rico Just this week, the Committee on Re- Subcommittee, for their work to help this effort with the much-needed economic development sources passed a bipartisan reauthorization of reach fruition. opportunities provided through redeveloping the Marine Mammal Protection Act. That legis- This legislation takes another step toward the base. This proposal was agreed to and lation was the culmination of over 4 years providing concurrent receipt to our Nation’s signed into law on September 30. worth of hearings and the testimony of dozens disabled military retirees, though the language In the midst of the defense authorization of witnesses. Contrary to what happened in falls short of our obligations. As a cosponsor conference, out of scope proposals surfaced the committee of jurisdiction, where they were of H.R. 303, I believe we must fulfill our prom- to thwart such progress. The proposals ranged able to successfully compromise to address ises to our Nation’s veterans by allowing them from requiring a report to Congress and sub- the definition of harassment, the language in total access to both their retirement pay and sequent 360-day waiting period for any and all the conference report would overturn a recent disability benefits. Next Tuesday, our Nation Roosevelt Roads property disposals to court decision and construct a wall against honors those Americans that have protected mothballing, or leaving the base on inactive any further litigation against the Navy. our Nation, and we must honor their service status, allowing the land to waste away with- Over the last 5 years our troops have top- by providing them with the benefits they have out a clear plan for redevelopment and cre- pled a dictator in Iraq, stopped a genocide in earned. ating additional uncertainty among the com- Kosovo, and defeated the Taliban in Afghani- Unfortunately, today’s agreement contains munity. While I appreciate that all out of scope stan. Our troops prepared for those missions language that may undermine important civil items in conference have been dropped, I fear without exemptions from our cornerstone envi- service safeguards for civilians within the De- that punitive efforts may surface yet again as ronmental laws—laws that administration offi- partment of Defense, as well as existing envi- base closure and redevelopment continues. cials and the General Accounting Office do not ronmental protections. I urge Chairman The recent proposals are stalling tactics believe are hampering our military readiness. HUNTER and Ranking Member SKELTON to void of merit and driven by angry politics Indeed, former NATO Supreme Allied Com- schedule hearings on these topics in the com- stemming from deep resentment held by those mander, General Wesley Clark recently stated, ing months so that our committee may exer- who strongly opposed closing the Vieques ‘‘Additional exemptions aren’t needed. I spent cise appropriate oversight authority and en- training range. Let the past become the past. a lot of time in the Army and, in all my years sure that the implementation of these new Let’s move forward with the best interest of of service, complying with the environmental policies does not undermine decades of efforts the U.S. military and the American citizens in laws never compromised the military readi- by Congress to protect our environment and Puerto Rico in mind. ness of troops under my command.’’ Mr. federal workforce. If enacted such tactics would have contin- Speaker, we need to ask ourselves why we Overall, this legislation represents an impor- ued to cost the Navy money and drain per- are passing language that neither the Re- tant investment in the defense of our Nation, sonnel resources, while hindering meaningful sources Committee nor a four-star general and I urge my colleagues to support its pas- economic opportunity for Puerto Rico. Under deem necessary. sage. such a scenario, American citizens in Puerto In short, Mr. Speaker, I regret that I cannot Mr. ACEVEDO-VILA´ . Mr. Speaker, the De- Rico would remain without jobs while base re- support this conference report. I must draw a fense Authorization Conferees should be com- development plans sat in limbo. line in the sand. My Republican colleagues mended for rejecting efforts to undermine the Puerto Ricans care deeply about their com- have got to stop looking for ways to put bad agreement signed by President Bush that pro- mon citizenship and continue to serve valiantly and extraneous language in good bills in an vides important protections for how Naval Sta- in our military. What should soldiers think of attempt to force the hands of those who dis- tion Roosevelt Roads is to be closed. It was such punitive, political squabbling about a agree with them. particularly critical because this is a very sad base closure at home, while they fight over- Mr. LANGEVIN. Mr. Speaker, as a member week in Puerto Rico, as Puerto Rico has lost seas? As it was President Bush who author- of the House Armed Services Committee, I am three of our young men and one woman who ized the Navy’s departure from Vieques, he pleased to speak in support of the bill before were serving on active duty in Iraq. It would too has stated on many occasions that we all us. I wish to thank Chairman HUNTER and have been a cruel irony for the Defense au- should avoid politicizing military affairs when Ranking Member SKELTON for their leadership thorizers to remove fundamental BRAC pro- our troops are abroad. in completing action on this legislation, which tections for Puerto Rico at the same time I have included for the RECORD a letter co- provides our military—and the men and Puerto Ricans were paying the ultimate sac- signed by fellow Members of the Congres- women who serve in it—the resources they rifice by serving our country. sional Hispanic Caucus. Such support is much need to keep America strong in the 21st cen- Last spring the U.S. Navy announced appreciated. Further, I want to thank Ranking tury. The military pay increase and the en- downsizing plans for Roosevelt Roads. The Member IKE SKELTON and his Senate counter- hanced benefits for active and reserve per- Navy followed its announcement with the part CARL LEVIN for their strong commitment sonnel recognize the valiant efforts of the men planned departure from the Vieques training and leadership on this issue. and women who have ably served our Nation, range—a result that was the fruit of innumer- I find it troubling that the bipartisan deal that and the development and procurement of able debate and struggle. In subsequent testi- took place on Defense Appropriations might state-of-the-art weapons systems will provide mony to Congress, the Navy professed high someday be undermined by such resentful them with the tools they need to continue their operational costs and personnel requirements politics, especially given the difficult chal- mission of excellence. stemming from the continued operation of lenges we now face, and the sacrifices we ask I am particularly pleased with provisions in Roosevelt Roads and implied the base should of our troops. I will continue to fight against the legislation that demonstrate Congress’s close. these punitive efforts while at the same time I commitment to the role of submarines as an Of course, downsizing and the implications will pursue dialogue with those colleagues essential part of a strong naval fleet. Passage of closure have taken their toll and it has been who may still consider punishing action of the conference report today will represent a sordid year for Roosevelt Roads, those who against my constituents. the final step in a historic agreement to permit work or worked there and Ceiba, Puerto It certainly would be in the best interest of multi-year procurement for the Virginia-class Rico—the community the base has called the Navy, the people of the local community, submarine. This agreement will encourage home for the past 60 years. The Navy’s own and the future of Roosevelt Roads to set more rapid and cost-effective production of pronouncements estimated the base brought these new proposals aside, and continue this important system—saving the U.S. tax- $300 million annually to the local economy. working to redevelop the base and rejuvenate payer an estimated $115 million per sub- The region around base, with 14 percent un- the local economy. We Members of Congress marine—while giving the United States Navy employment, can ill afford a drawn out rede- have more pressing matters to consume our new capabilities to respond to future threats. velopment process. time. Multi-year procurement will also provide great- During negotiations with defense appropri- Ms. DEGETTE. Mr. Speaker, given our cur- er stability in southeastern New England’s de- ators and the U.S. Navy, we reached a com- rent military situation in Iraq and Afghanistan, fense industry, and I know that the people of promise that was enacted under which Roo- I believe it is incumbent upon us to send an Rhode Island are proud to have a role in this sevelt Roads would close in a 6-month time- unequivocal message of support for our troops

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A07NO7.010 H07PT1 H11002 CONGRESSIONAL RECORD — HOUSE November 7, 2003 who are currently in the field. It is equally im- military has shown so little previous concern and imminent danger is increased from $150 portant that we provide veterans—those who with this issue that it was only in March of this to $225 per month. The legislation also ex- have made sacrifices in order to protect the year that the Department of Defense began tends TRICARE health coverage to National safety of our country, the benefits they have developing guidance on how to assess and Guard members and reservists and their fami- rightfully earned. process exemptions requests inappropriate sit- lies if such servicemembers have been called Not since the Korean War have we as a uations. to active duty. The bill also authorizes nearly country relied on the members of our reserve Marine mammal protection is under its $10 billion for military construction, family forces and National Guard as we do now. We greatest fire today. Although unnecessary from housing, medical facilities, and child develop- are depending on them to preserve the peace the start, a full exemption from the MMPA was ment centers. in Iraq and protect our safety at home. We granted for military readiness activities in the This legislation also continues the trans- have uprooted them from their families, taken version of this bill that passed the House on formation of our military to meet new chal- them away from their jobs and put them in the May 22, 2003. The Senate version of the bill lenges of the global war on terror. The bill line of fire. Yet, it is not uncommon that after contained no MMPA exemption for any rea- funds research and procurement of counter- serving in Iraq and Afghanistan, members of son. How then did it come to pass that the measures to protect troops and the homeland the Reserve forces return home without the Conference Report we debate today broadens from chemical, biological, and nuclear attack. basic benefits they so rightfully deserve. While the exemption to include scientific research It increases weapons and equipment procure- this legislation is far from perfect, it takes an activities by the Federal Government? The ment for Special Operations Forces. It funds important step by ensuring that activated Conference Report, agreed to by Republican programs to dismantle, secure, and eliminate members of the Reserve forces and National conferees behind closed doors, opens gaping weapons of mass destruction and facilities in Guard and their families receive health bene- loopholes in the management of marine mam- Russia and the former Soviet republics. There are several significant shortcomings fits. mals and creates unequal standards for ocean in this legislation, however, that I would like to Importantly, this legislation extends the in- users. This is both unfair to the marine mam- discuss. crease in ‘‘combat pay’’ and a Family Separa- mals struggling to survive and to the shipping, This conference report contains an inad- tion Allowance for all of our troops who are fishing, and tourism industries, which will now equate proposal to address the Disabled Vet- currently serving in the military. Given the sac- be held to different standards under MMPA erans Tax imposed on our military retirees. rifice that our troops make in the name of pro- than scientific researchers and the Navy. Under current law, military retirees are taxed tecting our country, it is only right to guarantee The ‘‘encroachment’’ of civilian communities one dollar of their retirement pay for every dol- that they and their families have adequate fi- on military managed lands is a serious prob- lar they receive in veterans disability com- nancial resources in their time of need. lem as the separation between where people pensation. Denying service-disabled men and Additionally, this legislation addresses the live and where the military trains decreases. women the benefits they have earned breaks unfair Disabled Veterans Tax. It allows certain As such, there has never been a more nec- our promise to those who placed their lives on disabled military retirees to receive both their essary time for the military to look out for the the line for America’s freedom. Any veteran retirement and disability benefits. However, it public’s best interest. The public wants and with a service-connected disability, regardless only allows concurrent receipt of these bene- needs a healthy and well-managed environ- of the length of his or her military service, can fits for one-third of the approximately 700,000 ment and for the military to be held to com- retire from a federal civilian job and receive disabled veterans. I believe this is sorely inad- plying with our nation’s fundamental environ- both retired pay and disability compensation equate and is the reason why I voted to re- mental protection laws. The military should be without penalty. commit this bill so conferees could have the listening to its neighbors and respecting their America’s troops are united as they serve in chance to repeal the entire Disabled Veterans requests, and Congress should have listened Iraq and Afghanistan and here at home. Our Tax and let all disabled veterans rightfully re- to its constituents and prevented the weak- veterans were united as they fought for our ceive both their military benefits as well as ening of the ESA and MMPA. country. They remain united today in their love their retirement benefits. Mr. CARDIN. Mr. Speaker, I rise in support for our nation. But the Disabled Veterans Tax While I do not believe this bill is perfect and of H.R. 1588, to authorize military spending for compromise before the House today seeks to I am particularly concerned with certain provi- fiscal year 2004. This bill authorizes the fund- divide them. It leaves behind more than sions regarding civil service reform and the ing necessary to defend our country and pro- 390,000 disabled military retirees—more than environment, I do believe that given our cur- mote our interests throughout the world. The two-thirds of those who would receive full rent military obligations, it is essential that we bill makes significant enhancements to our compensation under HR 303. Those retirees support our troops. By extending benefits for combat capabilities, continues our efforts to with a Purple Heart or combat-related dis- our troops and veterans, we are guaranteeing transform the military to meet the terrorist ability would be eligible this January. Others that those who have dedicated their lives to threats of the 21st century, and provides a who have 50 percent or greater disability serving our country are not left behind during number of new benefits to American soldiers would have to wait for ten years to receive this critical time. throughout the world. their full benefits. Those with less than 50% Mr. FARR. Mr. Speaker, I rise today in op- Congress has a responsibility to work with disability still will not receive one penny of position to the Conference Report of H.R. the President to protect the national security of compensation for their disabilities. 1588, the Defense Authorization Act. This bill our nation. When our soldiers are sent in to Because this compromise is phased in over contains anti-environmental provisions that roll war, it is the Congress’s responsibility to make a ten-year period, many of our older veterans, back fundamental protections of the Endan- sure that all resources necessary are provided particularly those from World War II and the gered Species Act (ESA) and the Marine to carry out their missions. Korean War, may not live long enough to re- Mammal Protection Act (MMPA). I stand behind our brave men and women ceive the full benefits to which they are enti- H.R. 1588 exempts the military from pro- who have performed admirably in Iraq and Af- tled. In my district in Maryland, there are 1,519 tecting endangered species. Provisions in this ghanistan. They have made tremendous sac- veterans who are now subject to the Disabled Conference Report compromise the survival of rifices on behalf of their country and have Veterans Tax. This bill leaves 1,000 of them some 300 threatened and endangered species served longer deployments than expected. behind. living on military lands by prohibiting the des- Much of the funds in this bill will go directly to More than 85 percent of the members of ignation of critical habitat as mandated under support our troops in Iraq and Afghanistan. this House have cosponsored HR 303, yet the the ESA. Instead, military lands will be man- Under this bill our men and women in uni- compromise before us falls far short. Many of aged under Integrated Natural Resources form will receive a 4.15 percent average in- my colleagues also signed the discharge peti- Management Plans, prepared by the Secretary crease in base pay. At the same time the bill tion that would compel the House to consider of Defense. Currently, such plans have no reduces the average amount of housing ex- this bill. For these reasons, I urged my col- definitions, no standards, and no limits. penses paid by service members from the cur- leagues to support the motion to recommit. It Such sweeping changes in the management rent 7.5 percent to 3.5 percent, and eliminates would have stripped from the bill the inad- of species living on military lands are com- out-of-pocket expenses completely by fiscal equate compromise language that only helps pletely unnecessary. Sea otters and toads do year 2005. The bill also extends special pay two-thirds of America’s veterans, and replace not and will not prevent our military from being and bonuses for active duty personnel through it with full, immediate concurrent receipt. Our the best trained and prepared in the world. But the end of 2004. Family separation allowance disabled military retirees deserve no less. if for some reason the toads rise up, the mili- for service members with dependents is in- I am also disappointed that conferees chose tary already has, but never has used, a na- creased, from $100 to $259 per month. The to include in this bill a far-reaching plan to re- tional security exemption as part of ESA. The special pay rate for those subject to hostile fire vamp the DOD civilian employee system.

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A07NO7.014 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11003 Under this agreement, more than 700,000 ci- many things wrong with this bill. For example, As we move forward, I will be working to do vilian workers in the Defense Department will under H.R. 1588, environmental standards are more to ensure our military retirees eventually lose fundamental protections that have been weakened and worker rights are severely lim- get a full concurrent receipt. in place since President Kennedy’s administra- ited. Yet again, the Republicans have placed I will keep a very close eye on the plans tion. These protections were put in place to a higher priority on partisanship and special and activities of the Department of Defense as safeguard against the patronage, political fa- interests than doing what is right for our coun- they proceed with their plans for civil service voritism, and nepotism that were rampant be- try and our service men and women. workers. I want to ensure that our civil service fore the advent of the civil service system. But, of all the many problems with this con- workers remain the viable, strong workforce These DoD employees will lose many of ference report, the most disappointing is the our national security demands. their current due process rights. The con- section on concurrent receipt that fails to end Mr. RUPPERSBERGER. Mr. Speaker, I rise ference report retains the right of employees this horrendous policy for many of our dis- in support of H.R. 1588 the Defense Author- to appeal to the Merit Systems Protection abled veterans. For months, the Republicans ization Conference Report. While this con- Board but only as an appellate body. As a re- have refused even to allow a vote on H.R. 303 ference report has some deficiencies it also sult, DoD civilian employees would have far which would end the disabled veterans tax for has a number of positive points that I support. fewer rights to appeal personnel actions than all of our veterans. But now in a half-hearted Inititally when this Defense Authorization other civilian employees have. They would attempt to appear responsive to the over- was drafted compromises were reached that lose guarantees on overtime pay, hazard pay, whelming demands of Democrats and vet- would allow the DoD to have flexibility and at weekend pay, and holiday pay. Finally this erans groups to repeal this tax, the Repub- the same time providing labor protections. Un- provision empowers Secretary Rumsfeld and licans have thrown our veterans a bone—a fortunately, the conference report language all future Secretaries of Defense to create an partial repeal of the concurrent receipt policy. has been redrafted and allows DoD to wipe entirely new personnel system for DOD civil- It is estimated that, under the Republican away these protections. It is unfortunate that ians. I am also very concerned that enactment plan, two-thirds of disabled veterans will not civilian defense employees are not receiving of these provisions will set a dangerous prece- receive one penny of compensation for their the same protections. I would hope that we dent that will lead to erosion of protections in disabilities. This is unacceptable. Our veterans can work to ensure workers rights at the Pen- other federal department and agencies. In deserve all of the benefits that they have tagon. These men and women serve our these times of uncertainty and turmoil, we are earned. Our veterans have sacrificed in order country and are also fighting to protect our asking more of our civil servants than ever be- to ensure our freedom and safety. Congress freedoms. fore in our history. To remove these important must now do its part. Congress can and must While this conference report has begun to safeguards now is the wrong thing to do. completely end the disabled veterans tax—im- address the issue of concurrent receipts for In sum, Mr. Speaker, I am disappointed that mediately. veterans it does not fully solve the problem. Mr. ORTIZ. Mr. Speaker, I thank Chairman we have failed to provide the full concurrent We need to make sure all veterans receive DUNCAN HUNTER and Ranking Democrat IKE receipt to our veterans that they deserve, and this benefit. It takes a step in the right direc- SKELTON for their leadership on this important that we have eroded some of the civil service tion, but it does not fully solve the problem. bill. This conference report also calls on the protections for Defense Department employ- Our young men and women in uniform are Secretary of Defense to submit to the House ees. However, I will support this legislation be- performing magnificently right now in Iraq in a Intelligence Committee a report on the prepa- cause it provides additional resources for our difficult and developing mission. They are also ration for and conduct of our military oper- troops in Iraq, Afghanistan, and throughout the performing magnificently in Afghanistan, and ations under Operation Iraqi Freedom. world as they prosecute the global war on ter- elsewhere around the world where the global I am thankful that the F–22A Raptor re- rorism. Our military must be given every avail- war on terror takes us. It falls to the Congress ceived additional funding. The Raptor is the able tool for its arsenal as it combats emerg- to make sure our troops have what they need new front line jet fighter for our Air Force. This ing threats to our soldiers and our homeland. to prosecute this war on all fronts. Certainly all aircraft will give us complete air superiority. I Mr. LARSON of Connecticut. Mr. Speaker, I of Congress agrees that our soldiers in the am proud to say that we build this radar sys- rise today in support of H.R. 1588, the FY field deserve to get all they need, no matter tem in my district. 2004 Department of Defense Authorization bill. what. However, I believe that this bill is far from The central feature of today’s bill is a huge The Authorization also contains additional perfect. It does not fully support veterans’ dis- step forward on the issue of concurrent re- funding for the Shadow 200 Unmanned Aerial ability issues, collective bargaining for civilian ceipt. Finally, we are acknowledging the inher- Vehicle. This vehicle which is again built in my personnel, and protection for the environment. ent unfairness of having long-time service district played a vital role in Iraq in providing It is unfortunate that these issues suffered due members chose between retiree pay and dis- our troops with an aerial view of the battlefield to the political process. I did support the mo- ability. We didn’t get nearly what we wanted, to give our troops a tactical advantage. Be- tion to recommit in hopes that these critical nor what these military retirees deserve . . . cause of the success of this vehicle the Na- issues could be further discussed, but that but we made significant progress on advanc- tional Guard is now interested in the unit and motion failed. ing the cause of expanding the phase-in of has requested funding for it. If we were not in a time of war I would not concurrent receipt. I am happy to say an amendment I inserted support this bill. Yet, our brave men and This bill provides much needed support for into the Defense Authorization has been ac- women deserve all the protections and assist- our military including: a pay raise of 4.15 per- cepted and will be a part of this authorization. ance we can provide, and I will do all I can to cent for uniformed services, further reducing My Amendment calls for employee surveys of support them. out-of-pocket expenses for servicemembers, leadership and management performance. While I am voting against the report, I do increasing allowances for family separation This survey will help to promote efficiency and support the outcome of the Conference Com- and danger pay, and modestly increasing the allow for the recognition of achievement and mittee regarding overseas voting provisions for force structure of the Army and active Re- increase best practices in an agency. It is im- the military. I am pleased that language refer- serves and National Guard. portant that we allow employees to take own- ring to ballots submitted by members of the DOD did not get all the power it wanted ership of where they work and to make them military stationed overseas was not included in when it comes to contracting out civilian jobs, part of the team. the report. The issue of ensuring the integrity but I am very uncertain about what lies ahead Again, I rise in support of this conference of overseas military members’ ballots has for civilian workers. We made some progress report. been addressed in the Help America Vote Act in the negotiations, but the strong language in Mr. ABERCROMBIE. Mr. Speaker, I rise in (HAVA), and I believe we must await the full the House bill put quite a pall over the future support of the conference report for the Fiscal implementation of HAVA before considering of a viable civilian service. We have a very Year 2004 National Defense Authorization Act. any changes. Therefore, I did not believe that tough road ahead. And, I maintain the Sec- I would first like to recognize our Committee some of the suggested changes were nec- retary is just wrong on this one—a strong civil- leadership, Chairman HUNTER and Ranking essary. ian workforce performs the core functions of Member SKELTON, for the bill they have craft- Ms. WATERS. Mr. Speaker, I rise to ex- the military better, and cheaper, in-house. ed to address the immediate needs of our press my disappointment in this conference Today’s package, and our passage of it Armed Forces. Our Committee has a long tra- report. I regret that I must oppose it. speaks, we hope, to the needs of our military dition of working across party lines to ensure I support our troops and our veterans, and and offers them the concrete understanding the readiness and well-being of our Armed applaud the conference report’s improvement that this Congress considers our military men Forces, and I am pleased to have participated in pay for our troops, but there are far too and women our ultimate responsibility. in yet another cooperative effort with my

VerDate jul 14 2003 01:09 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\A07NO7.017 H07PT1 H11004 CONGRESSIONAL RECORD — HOUSE November 7, 2003 Armed Services colleagues. Unfortunately, this Likewise, I am dissatisfied with the partial this backlog of claims. This is the type of help bipartisan spirit did not extend to the more rollback of the Disabled Veterans Tax. For our veterans need. controversial aspects of the Defense Author- years I have cosponsored and supported leg- It is shameful that our disabled veterans ization Act, especially the reworking of the civil islative efforts to allow disabled veterans to re- cannot receive disability pay without receiving service system and yet another compromise ceive their full retirement annuity in conjunc- a cut in their pension. Veterans should not be on the Disabled Veterans Tax. On the bal- tion with VA disability pay, and year after year, forced to give up one dollar of their pension ance, however, this bill establishes good pol- we are only able to come up with half-hearted for every dollar that they receive in disability icy for our troops when they need it the most. measures. The so-called solution before us pay. A veteran must not be punished for being H.R. 1588 offers the pay and benefit meas- will take ten years to rectify the unfair penalty. disabled. ures that our Armed Forces deserve. We put Our veterans cannot wait until 2014 to finally I cosponsored H.R. 303, the concurrent re- together another healthy across-the-board pay see the compensation they rightfully earned, in ceipt bill. And I signed the petition that would raise—4.15 percent—as well as targeted numerous cases many years ago. It is shame- have brought this bill to the House floor de- raises of up to 6.25 percent for mid-grade and ful that our Republican colleagues are unwill- spite Republican opposition. senior noncommissioned officers and select ing to budget the funding for those who have Our veterans are simply waiting for what warrant officers. We have also extended spe- already made so many sacrifices in behalf of they are owed—their disability pay and their cial pay provisions for the men and women our Nation but yet are all too willing to send full pensions. deployed around the world. Hostile fire and more young men and women down the same Our veterans are dying at a rate of 1,000 a imminent danger pay will be raised from $150 path in harm’s way. I truly hope that we can day. The Republican plan will not aid the vet- per month to $225 per month through Decem- reexamine this phased-in approach next year erans that need help now. ber 1, 2004, while family separation allowance and accommodate all disabled veterans equal- Under the Republican plan only one-third of (FSAA) will increase from $100 to $250 per ly and immediately. the disabled veterans will get the help that month. As the Ranking Democrat on the Sub- they need. This is unacceptable and our vet- In an effort to address the issue of military committee on Tactical Air and Land Forces, I erans deserve better. readiness, H.R. 1588 also includes TRICARE am happy to report that we have done well by Our veterans need our help. Let’s not keep health benefits for deploying Reservists. We the major Army and Air Force acquisition pro- them waiting any longer. I urge my colleagues to support concurrent have been undermining our own system by re- grams under our jurisdiction. The bill carefully receipt and send this report back to con- lying on Reservists to be ready to go when balances current hardware needs with devel- ference. called but failing to provide them the required opment and procurement of future systems. Mr. BLUMENAUER. Mr. Speaker, I spoke medical coverage to ensure deployment-level Modernization of our Bradley Fighting Vehicles against this bill when it was on the House readiness. Through this new authorization, the and Abrams tanks will ensure the capability of Floor and, unbelievably, it’s gotten worse in Department of Defense can provide immediate our heavy armor divisions and our industrial Conference. I am frustrated that on the week medical and dental screening and care for se- base. I am particularly pleased that we have before Veterans Day, the conference report lected Reservists who are assigned to a unit funded the Stryker Medium Armored Vehicles keeps moving further away from what the mili- alerted or notified of mobilization. Non-mobi- at the Administration’s request for both pro- tary, veterans, and Americans need. The most lized Reservists currently without health insur- curement and research and development. fundamental function of our national govern- ance will also be able to enroll in TRICARE on Stryker represents the bridge between current ment is the defense of our nation. Today, this a cost-share basis. With the burden on our Army legacy systems and the networked Fu- function is more important, and we are spend- Reserves at an all-time high, providing basic ture Combat System; through Stryker, our sol- ing more on national defense than ever be- coverage is the least we can do for those diers will hone the skills necessary for the fore. The conference report that we are debat- called to serve. transformation to the fast and lethal warfare of One of the worst aspects of this legislation ing this morning carries a $401.3 billion price the 21st century. tag, which means that the United States will is the wholesale dismantling of our Depart- I would like to thank the Committee staff for be spending over a billion dollars a day, and ment of Defense civilian workforce. Under the their tireless work over the past several more on our military than do the next 25 na- conference report before us, some 700,000 months in putting together the best bill pos- tions combined. This bill certainly spends federal employees will be stripped of their sible. I would especially like to thank the Tac- enough to do the job, however it is full of pro- rights and protections in the current civil serv- tical Air and Land Forces Subcommittee provisions that not only waste tax dollars, but ice system and placed at the mercy of political fessional staff, J.J. Gertler, Bill Natter, and even threaten Americans’ health and safety. appointees in DoD. The Defense Authorization Doug Roach, for their dedication, profes- I am pleased that the Defense Authorization Act, as written, provides no guidelines for a sionalism, and invaluable expertise throughout bill starts to reduce the tax on disabled Vet- new civilian personnel system; rather, it gives the year’s work. erans, which is long overdue. However, I am almost unchecked power to Secretary Rums- We have a bill that we can largely be proud disappointed that the bill would only partially feld to create a system of his own design. We of. Again, I urge my colleagues to support this end the tax—leaving out two-thirds of military have heard testimony about pay for perform- measure. ance and pay banding, but none of this is Mr. BACA. Mr. Speaker, I rise in support of retirees affected by the tax and forcing those codified in the legislation. It opens the door to the motion to recommit the Defense Reauthor- covered to wait 10 years for full benefits. political patronage and cronyism—the very ization Conference Report. We must say no to I am also extremely disappointed that the abuses which the civil service system was en- the veteran disability tax and support concur- conferees chose to eliminate the 1993 ban on acted to prevent in the first place. Our com- rent receipt. low-yield nuclear weapons. The House bill al- mittee held exactly one hearing on the civil As a veteran, and as a Member of Con- lowed research but maintained the ban on de- service portions of this bill, and that hearing gress, it is my duty to fight for the veterans velopment activities that could lead to the pro- was held only after Committee Democrats who fought for our freedom. We must make duction of a destabilizing and unnecessary raised an outcry. The hearing was hastily or- sure that our veterans receive the benefits and new low-yield nuclear weapon. However, con- ganized with one day’s notice and hardly al- healthcare that they have more than earned. ferees accepted the Senate language that also lowed for the in-depth examination due such a To take money away from our veterans allowed research but eliminated the ban. For- sweeping proposal. Let me be clear—this while giving tax cuts to the wealthy is dis- tunately, Congressional approval is required process has been a farce and nothing less graceful. before these dangerous weapons can be pro- than a slap in the face to our DoD civilian I don’t understand how House Republicans duced, and I hope that this never occurs. Pro- workforce. We praise these men and women can vote to cut $14 billion from veterans’ ben- ducing a new generation of low-yield nuclear in one breath, and in the next, dismiss them efits, and then send 130,000 troops to Iraq. weapons increases the likelihood they will be as expendable. In passing this provision, Con- While America’s wealthiest receive huge tax used in conflict, breaking a taboo that has gress will abdicate its constitutional responsi- cuts our soldiers die overseas. And for those been in place since World War II. Developing bility and cede our authority in this matter to that do come home, they want to cut their new types of nuclear weapons sends the the Executive Branch. I am deeply dis- benefits. Our soldiers deserve better. wrong message to other nations. America appointed that the Administration felt it nec- Right now, 520,000 veterans’ benefits must lead by example if the threat of nuclear essary to interfere in this conference and pre- claims are still pending in the VA. Some of weapons is going to be eliminated. vent us from adopting the much more mod- these claims involve soldiers that served as This bill is missed opportunity to focus on erate and sensible legislation crafted in the long ago as the Korean War. real priorities. The anti-environmental provi- Senate under the leadership of Senator COL- I have even introduced a bill to try to solve sions in this bill are especially frustrating. In- LINS. this problem, H.R. 1264 that will help reduce stead of addressing real threats to readiness,

VerDate jul 14 2003 05:12 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\A07NO7.021 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11005 the administration and the Republicans in laws when it’s necessary for national security. ceive any benefits. That means every disabled Congress are taking on an easier target, dol- There has never been a case where a waiver military retiree and veteran with a disability phins. Using defense as cover, they are pro- has not been granted for military necessity. greater than 50 percent will be entitled to con- posing changes to environmental laws that The defense authorization bill is also wrong current receipt. have nothing to do with defense readiness. on a very fundamental level. It is missing an It also creates a 13-member bi-partisan As the largest owner of infrastructure in the opportunity to use the Department of Defense commission appointed by Congressional lead- world and also the biggest polluter, the De- to set the highest standards. Given adequate ers and the White House. Under the commis- partment of Defense should be setting the resources and the right orders, our Depart- sion, for the first time since 1946, there will be best example, not getting permission from ment of Defense can achieve any mission. We a top-to-bottom review of the disability system. Congress to cut corners on the protection of are missing that opportunity. As the wealthiest The commission’s goal is to review the dis- the environment and the health of our commu- and most powerful country in the world, we ability system to ensure that the appropriate nities. ought to be able to figure out how to better benefits are provided to our retirees and vet- The Conference Report includes modified address this problem without compromising erans. House language that would prohibit designa- the environmental survival of what we are From World War II to Vietnam, from the tion of critical habitat under the Endangered fighting to protect. Persian Gulf War to the War on Terror, we Species Act if the Secretary of the Interior de- It is arrogant and hypocritical to let the Fed- provided our active military with the tools they termines that the Integrated Natural Re- eral Government off the hook for environ- need to do their jobs, and our retirees and vet- sources Management Plan prepared by the mental regulations. We will impose them on erans with the proper benefits for their years Secretary of Defense will provide ‘‘a benefit’’ small business or local governments but not of service. The concurrent receipt agreement for endangered and threatened species on on us ourselves. follows that tradition and honors those who military lands. However, there is no definition I oppose this conference report because we have served our country. of ‘‘benefit.’’ are spending too much on the wrong things Mr. MATHESON. Mr. Speaker, I have al- We have seen that critical habitat designa- and not enough on strategies that will make ways been a strong supporter of the military tion is not the problem on military lands. This our Department of Defense more sustainable and I’m well aware of the unconventional war conference report misses the real threat to over time. The spending is too heavy on we face against terrorists. However, I continue military readiness: encroachment of develop- weapons research and too light on relieving to oppose the nuclear weapons related provi- ment around bases. This is the same sprawl the stress on our fighting forces. We can and sions in this year’s defense authorization bill. No one is arguing about the need to find and unplanned growth that threatens our must do a better job shaping our Nation’s de- new technologies with which our nation can farms and forestlands, pollutes our air and fense policy. combat deeply buried targets, particularly water, and congests our roadways, and this is Mr. SMITH of Texas. Mr. Speaker, I support those held by terrorists. At issue is whether the real threat to our ability to train and main- H.R. 1588, the Department of Defense Author- Congress needs to resort to repealing the tain the world’s mightiest fighting force. ization bill, which includes concurrent receipt Spratt-Furse prohibition on nuclear weapons Across the country, from Ft. Stewart, Geor- for disabled military retirees and veterans. development and encouraging the production gia, to Camp Pendleton, California, develop- Currently, disabled retiree and veterans’ bene- ment is threatening the armed forces’ ability to of new weapons. fits are offset by the amount of disability pay There is a disconnect in the federal govern- fly planes, maneuver and conduct other readi- that they are eligible to receive. The legislation ment between weapons development and the ness activities. This has led the State of Cali- corrects that unfairness. realistic application of nuclear weapons. Advo- fornia to pass their Senate bill 1468 which rec- Members of Congress representing hun- cates of new nuclear weapons see them as ognizes the long-term operations of military in- dreds of thousands of retirees and veterans just another tool in the War on Terror, without stallations must involve a partnership between came together to achieve a significant, victory realizing nuclear weapons work best as a de- the State, local agencies and the Federal Gov- for disabled retirees and veterans. We fully terrent, not as first-use weapons. ernment. It provides the military, environ- support our soldiers—past and present. Supporters of the Robust Nuclear Earth mental organizations and local planning agen- The bill is fair, responsible, and appro- Penetrator and new nuclear weapons, argue cies the tools to work together to fight com- priately recognizes the service of our nation’s that the current authorization language is mon enemies of military readiness like subur- disabled retirees and veterans. It establishes a strictly limited to weapons research and devel- ban sprawl. But this proposal is completely ab- concurrent receipt for more disabled military opment in Department of Energy labs. This sent from the legislation coming before us. retirees and veterans than ever before, and claim ignores the obvious end result of weap- The Conference Report also retains con- provides them with the retirement income they ons development—weapons design does not troversial House language that would reduce have earned and deserve. occur in a vacuum. In order for our soldiers to protections for marine mammals. New lan- Under current law, a disabled military retiree use nuclear weapons in combat, these weap- guage, added in conference, would also apply or veteran could be entitled to $1,000 a month ons must first be physically tested, most likely the weakened standards to any research ac- in military retirement and $300 a month in dis- at the Nevada Test Site. The federal govern- tivities by the Federal Government (or contrac- ability. But the amount of the disability payment’s poor record on weapons testing and tors), creating a double standard as current ment is subtracted from the retirement pay, containment of fallout is lengthy and dis- law would continue to apply to citizens and the leaving the soldier with a check for $700 in re- appointing, at best. private sector. tirement and $300 in VA disability. A retiree or Like many Utahns, I come from a family of In addition, key conservation terms of the veteran is no better off if they suffered a dis- downwinders. My father, as well as other Marine Mammal Protection Act are altered in ability than if they didn’t. The legislation elimi- loved ones, developed terminal cancer after order to overturn a recent Federal court of ap- nates this inequity. he was exposed to radiation from Cold War peals decision regarding the impacts of Navy Active duty combat retirees and veterans nuclear weapons tests conducted by the fed- sonar technology. The bill allows the Depart- who are 60 percent disabled and above now eral government. I do not believe that we ment to exempt itself from what’s left of the have full concurrent receipt. The key part of should even consider a resumption of nuclear Marine Mammal Protection Act for anything the agreement expands full concurrent receipt weapons testing when rational alternatives necessary for national defense. It excludes to all combat retirees and veterans with a Vet- have not been fully explored. any meaningful involvement of the wildlife erans Administration disability between 10 per- I have already seen too many Americans agencies, the States, Congress and the public cent and 100 percent. succumb to then-unforeseen consequences of in review of these exemptions. This con- The agreement not only provides a full con- weapons testing. Advances in containment tradicts language passed unanimously this current receipt benefit for active duty retirees technology are certainly possible, however, week by the Resources Committee—the and veterans, but also for reservists and na- the current circumstances do not lend them- House committee with exclusive jurisdiction tional guardsmen who currently do not qualify selves to a resumption of nuclear weapons over the MMPA—which does not contain any for concurrent receipt under either Purple testing and I will do everything in my power to special standards or exemptions for DOD. Heart or combat-related disability pay. The re- avoid that end result. This has raised the ire of both Democratic and servists and national guardsmen will receive Mr. FILNER. Mr. Speaker and colleagues, I Republican Resources Committee Members full concurrent receipt if their disability is be- rise today in opposition to the very limited pro- participating in the Conference. tween 10 percent and 100 percent. vision to address the unfair disabled veterans Not only are these provisions harmful, they The legislation establishes benefits for those tax in the Defense Authorization Act. are also unnecessary. Under current law the remaining retirees and veterans at 50 percent Currently, veterans who retire with 20 years Department can already waive environmental disability and above. They presently do not re- of honorable service and who also have a

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A07NO7.024 H07PT1 H11006 CONGRESSIONAL RECORD — HOUSE November 7, 2003 service-connected disability are not permitted Finally, today’s Conference Report recog- rates will be provided to all eligible military to collect both military retired pay and VA dis- nizes the future needs of our military. H.R. members, not just those serving in Iraq and ability compensation. In essence, they are 1588 enables the Secretary of Defense to de- Afghanistan. paying for their own retirement. We must stop velop a more comprehensive and attractive I strongly support the 4.1 percent pay in- penalizing our disabled veterans in this cold array of educational programs in science, crease for military personnel and the targeted and unfeeling manner. mathematics and engineering. Educational increases for mid-grade and senior non-com- Our nation’s veterans and many, many programs in technical fields will help to train missioned officers and mid-grade officers. Members of this House have been fighting for the next generation of scientists, engineers, I also strongly support the increased author- so long for the elimination of this tax for all re- and technical entrepreneurs, all of whom may izations for the equipment, supplies, logistical tirees. We are now so close to victory. We contribute to the future technological superi- support so badly needed by our deployed mili- cannot settle for the partial concurrent receipt ority of our military forces. tary personnel and those in training, as well as measure that is included in this bill. Congress and the American people support the increases in research, development, test- This proposal is simply unacceptable. It our brave military for their commitment and ing and evaluation of new equipment and ma- gives less than half a loaf and spreads it over their sacrifice. The recent war in Iraq shows terials that will be required for an effective and ten years. It is naive at best and callous at the importance of preparation and equipment modern fighting force. Our uniformed men and worst. for our military as they work to defend free- women deserve the very best equipment to The proposal leaves approximately 400,000 dom and liberty across the globe. In addition carry out their duties and missions, and I be- military retirees without relief. In my state of to these vital education provisions, the Con- lieve this bill helps provide them with these California, fully 38,000 are left out of this Re- ference Report to be passed today will provide materials. publican proposal. the necessary resources and training for our Unfortunately, I cannot support a bill that will Many of the deserving veterans will die be- troops at home and abroad. still leave two out of every three disabled vet- fore the ten years are up and before they re- Mr. MCGOVERN. Mr. Speaker, I rise in re- erans subject to the so-called Disabled Vet- ceive their full concurrent receipt. luctant opposition to this Conference Report. erans Tax. This conference report includes a This bill will set up yet another complicated While I have continuing problems with the plan to provide concurrent receipt of military administrative system for our veterans to wade process of how this bill was negotiated, ex- retirement and Veterans Affairs (VA) disability through. cluding the participation of most Democratic- benefits to military retirees with disability rat- And worst of all, this bill as presented today appointed conferees, and how no time has ings of 50 percent or high that would be unfairly pits veterans against other veterans. been allowed for Members of this body to re- phased in over the next ten years. According We must restore earned and deserved ben- view the final version of the bill on which we to a report released by Veterans Affairs Com- efits to all eligible military retirees. If this De- are voting this morning, it is not for reasons of mittee Ranking Member Lane Evans, a vet- fense Authorization Conference Report con- process that I oppose this bill. eran himself of the Vietnam War, the plan au- tinues to leave out two-third of deserving vet- I oppose this bill because it does not do thorized in this bill will help only 160,000 of erans, I cannot vote for its passage. right by our disabled veterans; it does not do the approximately 560,000 disabled military re- Mr. CASTLE. Mr. Speaker, I rise in support right by the hard-working, faithful, and patriotic tirees that are subject to the tax. To be eligible of the Conference Report on the National De- civilian workforce of the U.S. Department of for relief, retirees must have 20 years of serv- fense Authorization Act. It was a pleasure to Defense; and it does not do right by our com- ice and disability ratings of 50 percent or serve as an outside conferee to H.R. 1588 for mitment—including the declarations of our cur- above. As is already provided for in current education provisions that will benefit our na- rent president—to halt the global proliferation law, veterans who meet the criteria for a com- tion’s military, schools and students across the of nuclear weapons. bat-related disability, popularly known as ‘‘Pur- world. However, first I would like to summarize ple Hearts Plus,’’ will receive full disability and In addition to Impact Aid, H.R. 1588 pro- several of the items in this bill that I strongly retirement benefits, if they have twenty years vides additional assistance to local educational support and for which I have fought for many or more of service. agencies (LEAs) that benefit dependents of years. I believe that the Conference Report should members of the Armed Services and Depart- I support the extension of TRICARE for non- have included the provisions of H.R. 303, the ment of Defense civilian employees. $30 mil- deployed National Guard and Reservists and Retired Pay Restoration Act of 2003, which I lion is authorized to be used as general rev- their families. Under current law and Pentagon and the Democrats in the U.S. House of Rep- enue by LEAs that are impacted by the pres- policy, reservists become eligible for resentatives attempted to bring to the House ence of military installations. TRICARE, the Defense Department’s health floor for action earlier this year. It would cover Every Member recognizes the importance of care system, once they are on active duty. all of our disabled veterans, not just one out funding for special education. H.R. 1588 rec- This conference report will ensure that of three. Three days from now we will remem- ognizes that the Department of Defense also TRICARE is provided to those Guard and Re- ber our veterans and celebrate Veterans Day. has a role in helping school districts provide servists who lack coverage or who are not eli- I cannot do this in good conscience if I sup- these necessary services. The conference re- gible for coverage offered by an employer. port legislation in which two-thirds of retired port makes available $5 million from the De- Guard and Reservists will be required to pay veterans who have service-related disabilities partment of Defense’s budget to help school 28 percent of TRICARE premium and can stay will be left behind and will be required to con- districts provide special education services to in the program for one month before and six tinue to pay tax on their disability. children with severe disabilities who have a months after mobilization. This program is au- Mr. Speaker, I cannot support this con- parent who is on active duty in the uniformed thorized for one year, until September 30, ference report that scraps existing civil service services or who is a foreign military officer. 2004, but I will continue to fight to ensure laws and protections for the more than Now more than ever our military families these changes become permanent. 746,000 civilian employees whose daily work rely on Department of Defense schools over- I also support the provision in this con- and sacrifices ensures the effective running of seas. H.R. 1588 expands the eligibility for ference report to allow lawful permanent resi- the U.S. Department of Defense. This Con- space-available, tuition-free attendance at De- dent military members to achieve naturalized ference Report removes all collective bar- partment of Defense Dependents Schools citizenship after serving honorably for one gaining protections contained in current law; it (DODDS) overseas to the dependents of mo- year in the regular components of the military removes all basic due process protections for bilized reservists who are called to active duty and our Ready Reserves. It also allows non- employees; it strips Defense Department em- and whose overseas tour is voluntarily or in- citizen spouses, unmarried children, and par- ployees of basic appeal rights; and it removes voluntarily extended beyond one year. Current ents of citizens and non-citizens serving in the the requirement that Defense Department em- admissions policy permits the dependents of U.S. military who are killed as a result of such ployees receive additional pay for working reservists called to active duty from an over- service, to file or preserve their application for overtime, working on holidays or weekends, or seas location to enroll in DODDS on a space- lawful permanent residence. This provision working in jobs involving unusual physical available, tuition-free basis, but denies such does not provide any benefits if family mem- hardship or hazards. Mr. Speaker, this is sim- admission to reservists mobilized from the bers are out of status or are illegal aliens. ply wrong. continental United States. As the number of I support the increases in Imminent Danger Finally, Mr. Speaker, I oppose the Con- reservists deployed overseas continues to in- Pay and Family Separation Allowance. The ference Report on H.R. 1588 because it lifts crease, it is imperative that we recognize the higher rates authorized in this bill will be $225 the ban on research and development of a needs of these men and women as well as per month for hazardous duty pay and $250 new generation of so-called low-yield nuclear the educational needs of their children. for family separation allowance. These higher weapons that was first enacted in 1989 during

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\A07NO7.028 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11007 the Administration of President George H.W. tions bill. Planning has resulted in develop- Carson (IN) Jefferson Pelosi Carson (OK) John Peterson (MN) Bush. This new program will allow the United ment of a more cost-effective frontage levee to Case Johnson, E. B. Pomeroy States to pursue a new generation of nuclear replace a previous ring-levee approach. Clay Jones (NC) Price (NC) weapons of a type most likely to be used in In closing, Mr. Speaker, this Member again Clyburn Kanjorski Rahall battle, which I fear may lead to a new nuclear expresses his appreciation and urges his col- Conyers Kaptur Rodriguez Cooper Kennedy (RI) Ross arms race on a global scale. leagues to vote in support of the conference Costello Kildee Rothman I also have other grave concerns regarding report for H.R. 1588. Cramer Kind Roybal-Allard this bill, such as the weakening of the Endan- The SPEAKER pro tempore (Mr. Crowley Lampson Ruppersberger gered Species Act and the Marine Mammal Cummings Langevin Rush SIMPSON). All time for debate has ex- Davis (CA) Lantos Protection Act, which I do not have time to go Ryan (OH) pired. Davis (FL) Larsen (WA) Sanchez, Linda into this morning. Without objection, the previous ques- Davis (IL) Larson (CT) T. I regret that I must vote in opposition to this tion is ordered on the conference re- Davis (TN) Lee Sanchez, Loretta very important bill, but I simply cannot short- DeFazio Levin Sanders port. DeGette Lewis (GA) change our disabled veterans, the Defense Sandlin There was no objection. Delahunt Lofgren Schakowsky DeLauro Lowey Department workers, and the very security of MOTION TO RECOMMIT OFFERED BY MR. Schiff Deutsch Lucas (KY) our nation and the world from nuclear attack. Scott (GA) MARSHALL Dicks Lynch Scott (VA) Mr. BEREUTER. Mr. Speaker, this Member Dingell Maloney Mr. MARSHALL. Mr. Speaker, I offer Serrano rises in strong support for the conference re- Doggett Markey a motion to recommit. Sherman port on H.R. 1588, the National Defense Au- Dooley (CA) Marshall The SPEAKER pro tempore. Is the Skelton thorization Act for Fiscal Year 2004. This Doyle Matheson gentleman opposed to the conference Edwards Matsui Slaughter Member would like to offer particular thanks to Smith (WA) report? Emanuel McCarthy (MO) the Chairman of the House Armed Services Engel McCarthy (NY) Snyder Mr. MARSHALL. Mr. Speaker, be- Solis Committee, the distinguished gentleman from Eshoo McCollum cause the conference report does far Etheridge McDermott Spratt California (Mr. HUNTER), and the Ranking Mi- too little to end the disabled veterans Evans McGovern Stark nority Member on the Committee, the distin- Stenholm tax, I oppose the conference report in Farr McIntyre guished gentleman from Missouri (Mr. SKEL- Filner McNulty Strickland its present form. Stupak TON) for their work on this important bill. Fur- Ford Meek (FL) The SPEAKER pro tempore. The Frank (MA) Meeks (NY) Tancredo thermore, this Member would like to thank the Tanner Clerk will report the motion to recom- Frost Menendez Chairman of the Armed Services Sub- Gonzalez Michaud Tauscher mit. committee on Military Readiness, the distin- Gordon Millender- Taylor (MS) The Clerk read as follows: Green (TX) McDonald Thompson (CA) guished gentleman from Colorado (Mr. Grijalva Miller (NC) Thompson (MS) HEFLEY), and the Ranking Member of the Mr. MARSHALL moves to recommit the con- Tierney ference report on the bill H.R. 1588 to the Gutierrez Miller, George Armed Services Subcommittee on Military Hall Mollohan Turner (TX) committee of conference with instructions Readiness, the distinguished gentleman from Harman Moore Udall (CO) to the managers on the part of the House to Hill Moran (VA) Udall (NM) Texas (Mr. ORTIZ), for their critical work on au- include, in any further conference substitute Hinojosa Murtha Van Hollen thorizing $3 million for the frontage levee seg- recommended by the committee of con- Hoeffel Nadler Velazquez ment protecting the Nebraska National Guard ference, provisions that, within the scope of Holden Neal (MA) Visclosky conference, maximize the number of persons Holt Nethercutt Waters Camp at Ashland, Nebraska. Indeed, this Watson who will be eligible for full concurrent re- Honda Oberstar Member is very appreciative for the inclusion Hooley (OR) Obey Watt of this provision in the conference report. ceipt of military retired pay and veterans Hoyer Olver Waxman Mr. Speaker, the Nebraska National Guard disability compensation. Inslee Owens Weiner The SPEAKER pro tempore. The mo- Israel Pallone Wexler Camp Frontage Levee Segment is a central Jackson (IL) Pascrell Whitfield element of the Clear Creek portion of the tion is not debatable. Jackson-Lee Pastor Woolsey Western Sarpy Levee project. Completion of Without objection, the previous ques- (TX) Payne Wynn the Guard camp segment must coincide with tion is ordered on the motion to recom- the other elements of the Western Sarpy mit. NAYS—217 project to assure coordinate progress on com- There was no objection. Aderholt Crane Greenwood Akin Crenshaw Harris pleting this governmentally complicated flood The SPEAKER pro tempore. The Bachus Cubin Hart protection project. Indeed, without building this question is on the motion to recommit. Baker Culberson Hastert section of the levee along the Platte River si- The question was taken; and the Ballenger Cunningham Hastings (WA) multaneously with the construction of the en- Speaker pro tempore announced that Barrett (SC) Davis, Jo Ann Hayes Bartlett (MD) Davis, Tom Hayworth tire levee system it will not work; there would the noes appeared to have it. Barton (TX) Deal (GA) Hefley be a gap in the levee that would only accen- Mr. MARSHALL. Mr. Speaker, on Bass DeLay Hensarling tuate the flooding risks and flood volume that that I demand the yeas and nays. Beauprez DeMint Herger Bereuter Diaz-Balart, L. Hobson would affect the Nebraska National Guard The yeas and nays were ordered. Biggert Diaz-Balart, M. Hoekstra Camp unless this project moves forward with The SPEAKER pro tempore. Pursu- Bilirakis Doolittle Hostettler the rest of the levee construction project. ant to clause 8 and 9 of rule XX, this 15- Bishop (UT) Dreier Houghton Previously, the Clear Creek Project was au- minute vote on the motion to recom- Blackburn Duncan Hulshof Blunt Dunn Hunter thorized at $15.6 million in the Water Re- mit to conference will be followed by 5- Boehlert Ehlers Hyde sources Development Act of 2000 (WRDA minute votes on the adoption of the Boehner Emerson Isakson 2000) to provide protection to the City of Lin- conference report; the motion to in- Bonilla English Issa Bonner Everett Istook coln’s water supply, I–80, and U.S. 6, BNSF struct on H.R. 6 offered by the gen- Bono Feeney Janklow RR (Amtrak Line), telecommunication lines tleman from California (Mr. FILNER); Boozman Ferguson Jenkins and other public facilities. In the FY2003 omni- and the motion to instruct on H.R. 1 of- Bradley (NH) Flake Johnson (IL) bus appropriations bill, Congress included fered by the gentleman from California Brady (TX) Foley Johnson, Sam Brown (SC) Forbes Keller $500,000 for construction start-up costs. (Mr. CARDOZA). Brown-Waite, Fossella Kelly The Nebraska National Guard Camp at Ash- The vote was taken by electronic de- Ginny Franks (AZ) Kennedy (MN) land, Nebraska, provides training for Nebraska vice, and there were—yeas 188, nays Burgess Frelinghuysen King (IA) and other states’ Army guard units to maintain Burns Gallegly King (NY) 217, not voting 30, as follows: Calvert Garrett (NJ) Kingston mission readiness. The Ashland Guard Camp [Roll No. 616] Camp Gerlach Kirk Cannon Gibbons Kleczka levee is an essential element of the Clear YEAS—188 Creek structure on the western side of the Cantor Gilchrest Kline Abercrombie Becerra Boucher Capito Gillmor Knollenberg Platte River since it also is that part of Clear Alexander Bell Boyd Carter Gingrey Kolbe Creek nearest to the Lincoln wellfield. Plan- Allen Berkley Brady (PA) Castle Goode LaHood ning and design funds for the Guard’s seg- Andrews Berry Brown, Corrine Chabot Goodlatte Latham ment have been previously provided by the Baca Bishop (GA) Capps Chocola Goss LaTourette Baird Bishop (NY) Capuano Coble Granger Leach Congress to the Department of Defense Baldwin Blumenauer Cardin Cole Graves Lewis (CA) through the Military Construction appropria- Ballance Boswell Cardoza Collins Green (WI) Lewis (KY)

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.031 H07PT1 H11008 CONGRESSIONAL RECORD — HOUSE November 7, 2003 Linder Platts Simpson Bradley (NH) Harris Murphy Terry Udall (NM) Weldon (PA) LoBiondo Pombo Smith (MI) Brady (PA) Hart Murtha Thomas Upton Weller Lucas (OK) Porter Smith (NJ) Brady (TX) Hastert Musgrave Thompson (CA) Van Hollen Wexler Manzullo Portman Smith (TX) Brown (SC) Hastings (WA) Myrick Thompson (MS) Visclosky Whitfield McCotter Pryce (OH) Souder Brown, Corrine Hayes Nadler Thornberry Vitter Wicker McCrery Putnam Stearns Brown-Waite, Hayworth Neal (MA) Tiahrt Walden (OR) Wilson (NM) McHugh Radanovich Sullivan Ginny Hefley Nethercutt Tiberi Walsh Wilson (SC) McKeon Ramstad Sweeney Burgess Hensarling Neugebauer Toomey Wamp Wolf Mica Regula Tauzin Burns Herger Ney Turner (OH) Watt Wynn Miller (FL) Rehberg Taylor (NC) Calvert Hill Northup Turner (TX) Weiner Young (AK) Miller (MI) Renzi Udall (CO) Weldon (FL) Young (FL) Terry Camp Hinojosa Norwood Miller, Gary Reynolds Thomas Cannon Hobson Nunes Moran (KS) Rogers (AL) NAYS—40 Thornberry Cantor Hoeffel Nussle Murphy Rogers (KY) Tiahrt Capito Hoekstra Osborne Baldwin Jackson (IL) Sabo Musgrave Rogers (MI) Tiberi Capps Holden Ose Blumenauer Lee Sanders Myrick Rohrabacher Capuano Lewis (GA) Toomey Cardin Hooley (OR) Otter Schakowsky Neugebauer Ros-Lehtinen Carson (IN) Lofgren Turner (OH) Cardoza Hostettler Oxley Serrano Ney Royce Clay Lynch Upton Carson (OK) Houghton Pallone Slaughter Northup Ryan (WI) Conyers Markey Vitter Carter Hoyer Pascrell Stark Norwood Ryun (KS) Case Dingell McDermott Walden (OR) Hulshof Pastor Tierney Nunes Sabo Castle Hunter Pearce Eshoo McGovern Walsh Velazquez Nussle Saxton Chabot Hyde Pelosi Farr Miller, George Wamp Waters Osborne Schrock Chocola Inslee Pence Filner Oberstar Weldon (FL) Watson Ose Sensenbrenner Clyburn Isakson Peterson (MN) Frank (MA) Obey Weldon (PA) Waxman Otter Sessions Coble Israel Peterson (PA) Grijalva Olver Weller Woolsey Oxley Shadegg Cole Issa Petri Holt Owens Wicker Pearce Shaw Collins Istook Pickering Honda Payne Wilson (NM) Pence Shays Cooper Jackson-Lee Pitts Wilson (SC) ANSWERED ‘‘PRESENT’’—2 Peterson (PA) Sherwood Costello (TX) Platts Wolf Petri Shimkus Cramer Janklow Pombo Baird Becerra Young (AK) Pickering Shuster Crane Jefferson Pomeroy Pitts Simmons Young (FL) Crenshaw Jenkins Porter NOT VOTING—31 NOT VOTING—30 Crowley John Portman Ackerman Gephardt Meehan Cubin Johnson (IL) Price (NC) Berman Gutknecht Napolitano Ackerman Gephardt McInnis Culberson Johnson, E. B. Pryce (OH) Brown (OH) Hastings (FL) Ortiz Berman Gutknecht Meehan Cummings Johnson, Sam Putnam Burr Hinchey Paul Brown (OH) Hastings (FL) Napolitano Cunningham Jones (NC) Radanovich Burton (IN) Johnson (CT) Quinn Burr Hinchey Ortiz Davis (CA) Kanjorski Rahall Buyer Jones (OH) Rangel Burton (IN) Johnson (CT) Paul Davis (FL) Kaptur Ramstad Cox Kilpatrick Buyer Jones (OH) Quinn Reyes Davis (IL) Keller Regula Davis (AL) Kucinich Towns Cox Kilpatrick Rangel Davis (TN) Kelly Rehberg Emerson Lipinski Davis (AL) Kucinich Reyes Wu Davis, Jo Ann Kennedy (MN) Renzi Fattah Majette Fattah Lipinski Towns Davis, Tom Kennedy (RI) Reynolds Fletcher McInnis Fletcher Majette Wu Deal (GA) Kildee Rodriguez ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeFazio Kind Rogers (AL) The SPEAKER pro tempore (Mr. The SPEAKER pro tempore (Mr. DeGette King (IA) Rogers (KY) Delahunt King (NY) Rogers (MI) SIMPSON) (during the vote). Members SIMPSON) (during the vote). Members DeLauro Kingston Rohrabacher are advised there are 2 minutes remain- DeLay Kirk Ros-Lehtinen are advised that 2 minutes remain in ing in this vote. this vote. DeMint Kleczka Ross Deutsch Kline Rothman b 1204 b 1157 Diaz-Balart, L. Knollenberg Roybal-Allard Diaz-Balart, M. Kolbe Royce So the conference report was agreed Mr. VITTER and Mr. BARTLETT of Dicks LaHood Ruppersberger to. Maryland changed their vote from Doggett Lampson Rush Dooley (CA) Langevin Ryan (OH) The result of the vote was announced ‘‘yea’’ to ‘‘nay.’’ Doolittle Lantos Ryan (WI) as above recorded. Mr. WHITFIELD and Mr. TANCREDO Doyle Larsen (WA) Ryun (KS) A motion to reconsider was laid on changed their vote from ‘‘nay’’ to Dreier Larson (CT) Sanchez, Linda Duncan Latham T. the table. ‘‘yea.’’ Dunn LaTourette Sanchez, Loretta So the motion to recommit was re- Edwards Leach Sandlin f Ehlers Levin Saxton jected. MOTION TO INSTRUCT CONFEREES The result of the vote was announced Emanuel Lewis (CA) Schiff Engel Lewis (KY) Schrock ON H.R. 6, ENERGY POLICY ACT as above recorded. English Linder Scott (GA) OF 2003 The SPEAKER pro tempore. The Etheridge LoBiondo Scott (VA) question is on the conference report. Evans Lowey Sensenbrenner The SPEAKER pro tempore. The un- Everett Lucas (KY) Sessions finished business is the question on the The question was taken; and the Feeney Lucas (OK) Shadegg Speaker pro tempore announced that Ferguson Maloney Shaw motion to instruct conferees on H.R. 6. the ayes appeared to have it. Flake Manzullo Shays The Clerk will designate the motion. Mr. HUNTER. Mr. Speaker, on that I Foley Marshall Sherman The Clerk designated the motion. Forbes Matheson Sherwood The SPEAKER pro tempore. The demand the yeas and nays. Ford Matsui Shimkus The yeas and nays were ordered. Fossella McCarthy (MO) Shuster question is on the motion to instruct The SPEAKER pro tempore. This Franks (AZ) McCarthy (NY) Simmons conferees offered by the gentleman Frelinghuysen McCollum Simpson from California (Mr. FILNER) on which will be a 5-minute vote. Frost McCotter Skelton The vote was taken by electronic de- Gallegly McCrery Smith (MI) the yeas and nays are ordered. vice, and there were—yeas 362, nays 40, Garrett (NJ) McHugh Smith (NJ) This will be a 5-minute vote. answered ‘‘present’’ 2, not voting 31, as Gerlach McIntyre Smith (TX) The vote was taken by electronic de- Gibbons McKeon Smith (WA) vice, and there were—yeas 188, nays follows: Gilchrest McNulty Snyder [Roll No. 617] Gillmor Meek (FL) Solis 210, not voting 36, as follows: Gingrey Meeks (NY) Souder [Roll No. 618] YEAS—362 Gonzalez Menendez Spratt Abercrombie Bartlett (MD) Bishop (UT) Goode Mica Stearns YEAS—188 Aderholt Barton (TX) Blackburn Goodlatte Michaud Stenholm Abercrombie Bishop (NY) Cardin Akin Bass Blunt Gordon Millender- Strickland Allen Blumenauer Cardoza Alexander Beauprez Boehlert Goss McDonald Stupak Andrews Boehlert Carson (IN) Allen Bell Boehner Granger Miller (FL) Sullivan Baca Boswell Case Andrews Bereuter Bonilla Graves Miller (MI) Sweeney Baird Boucher Castle Baca Berkley Bonner Green (TX) Miller (NC) Tancredo Baldwin Boyd Clay Bachus Berry Bono Green (WI) Miller, Gary Tanner Ballance Bradley (NH) Clyburn Baker Biggert Boozman Greenwood Mollohan Tauscher Becerra Brady (PA) Conyers Ballance Bilirakis Boswell Gutierrez Moore Tauzin Berkley Brown, Corrine Cooper Ballenger Bishop (GA) Boucher Hall Moran (KS) Taylor (MS) Berry Capps Costello Barrett (SC) Bishop (NY) Boyd Harman Moran (VA) Taylor (NC) Bishop (GA) Capuano Crowley

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.034 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11009 Cummings Kildee Petri Nethercutt Rodriguez Tauzin Bell Hoeffel Pallone Davis (CA) Kind Pomeroy Neugebauer Rogers (AL) Taylor (MS) Berkley Holden Pascrell Davis (FL) Kirk Price (NC) Ney Rogers (KY) Taylor (NC) Berry Holt Pastor Davis (IL) Kleczka Rahall Northup Rogers (MI) Terry Bishop (GA) Honda Payne Davis (TN) LaHood Ramstad Norwood Rohrabacher Thomas Bishop (NY) Hoyer Pelosi Davis, Tom Langevin Ros-Lehtinen Nunes Royce Thornberry Blumenauer Inslee Pomeroy DeGette Lantos Ross Osborne Ryan (WI) Tiahrt Boehlert Israel Price (NC) Delahunt Larsen (WA) Roybal-Allard Ose Ryun (KS) Tiberi Boswell Jackson (IL) Rahall Otter Sandlin DeLauro Larson (CT) Ruppersberger Toomey Boucher Jackson-Lee Renzi Deutsch Leach Oxley Schrock Boyd (TX) Rush Turner (OH) Rodriguez Dicks Lee Pearce Sensenbrenner Brady (PA) Jefferson Ryan (OH) Turner (TX) Ross Dingell Levin Pence Sessions Brown, Corrine John Sabo Udall (NM) Rothman Doggett Lewis (GA) Sanchez, Linda Peterson (MN) Shadegg Brown-Waite, Johnson, E. B. Roybal-Allard Dooley (CA) LoBiondo Peterson (PA) Shaw Upton Ginny Kanjorski T. Vitter Ruppersberger Doyle Lofgren Sanchez, Loretta Pickering Sherwood Capps Kennedy (RI) Wamp Rush Ehlers Lowey Sanders Pitts Shimkus Capuano Kildee Ryan (OH) Platts Shuster Weldon (FL) Emanuel Lucas (KY) Saxton Cardin Kind Sabo Engel Lynch Pombo Simmons Weldon (PA) Cardoza Kleczka Schakowsky Sanchez, Linda Eshoo Maloney Porter Simpson Weller Carson (IN) Lampson Schiff T. Etheridge Markey Portman Smith (MI) Whitfield Carson (OK) Langevin Scott (GA) Sanchez, Loretta Evans Marshall Pryce (OH) Smith (TX) Wicker Case Lantos Scott (VA) Sanders Farr Matheson Putnam Souder Clay Larsen (WA) Serrano Wilson (NM) Sandlin Filner Matsui Radanovich Stearns Clyburn Larson (CT) Shays Wilson (SC) Schakowsky Ford McCarthy (MO) Regula Stenholm Conyers Leach Wolf Schiff Frank (MA) McCarthy (NY) Sherman Rehberg Sullivan Cooper Lee Young (AK) Scott (GA) Frost McCollum Skelton Renzi Sweeney Costello Levin Young (FL) Scott (VA) Gerlach McDermott Slaughter Reynolds Tancredo Cramer Lofgren Serrano Gilchrest McGovern Smith (NJ) Crowley Lowey Sherman Gordon McHugh Smith (WA) NOT VOTING—36 Cummings Lucas (KY) Skelton Green (WI) McIntyre Snyder Ackerman Gutknecht Meehan Davis (CA) Lynch Slaughter Greenwood McNulty Solis Berman Hastings (FL) Napolitano Davis (FL) Maloney Smith (WA) Grijalva Meek (FL) Spratt Brown (OH) Hinchey Nussle Davis (IL) Markey Snyder Gutierrez Meeks (NY) Stark Burr Hooley (OR) Ortiz Davis (TN) Marshall Solis Harman Menendez Strickland Burton (IN) Johnson (CT) Paul DeGette Matheson Spratt Harris Michaud Stupak Buyer Jones (OH) Quinn Delahunt McCarthy (MO) Hill Millender- Tanner Cox Kilpatrick Rangel DeLauro McCarthy (NY) Stark Hoeffel McDonald Tauscher Davis (AL) Kucinich Reyes Deutsch McCollum Stenholm Holden Miller (NC) Thompson (CA) DeFazio Lewis (CA) Rothman Dicks McDermott Strickland Holt Miller, George Thompson (MS) Fattah Lipinski Towns Dingell McGovern Stupak Honda Moore Tierney Fletcher Majette Walden (OR) Dooley (CA) McHugh Tanner Hoyer Moran (VA) Udall (CO) Gephardt McInnis Wu Doyle McIntyre Tauscher Inslee Murtha Van Hollen Edwards McNulty Taylor (MS) Israel Nadler Velazquez ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Emanuel Meek (FL) Thompson (CA) Jackson (IL) Neal (MA) Visclosky The SPEAKER pro tempore (during Engel Meeks (NY) Thompson (MS) Tierney Jackson-Lee Oberstar Walsh the vote). Members are advised there Eshoo Menendez (TX) Obey Waters Etheridge Michaud Turner (TX) Jefferson Olver Watson are 2 minutes remaining in this vote. Evans Millender- Udall (CO) Johnson (IL) Owens Watt Farr McDonald Udall (NM) Johnson, E. B. Pallone Waxman b 1211 Filner Miller (NC) Van Hollen Kanjorski Pascrell Weiner Ford Miller, George Velazquez Kaptur Pastor Wexler Mr. CRAMER and Mr NUNES Frank (MA) Mollohan Visclosky Kelly Payne Woolsey changed their vote from ‘‘yea’’ to Frost Moore Waters Kennedy (RI) Pelosi Wynn ‘‘nay.’’ Gonzalez Moran (VA) Watson So the motion to instruct was re- Gordon Murtha Watt NAYS—210 Green (TX) Nadler Waxman jected. Grijalva Neal (MA) Weiner Aderholt Cubin Herger The result of the vote was announced Gutierrez Oberstar Wexler Akin Culberson Hinojosa as above recorded. Harman Obey Wilson (NM) Alexander Cunningham Hobson Hill Olver Woolsey Bachus Davis, Jo Ann Hoekstra A motion to reconsider was laid on Hinojosa Owens Wynn Baker Deal (GA) Hostettler the table. Ballenger DeLay Houghton Stated for: NAYS—207 Barrett (SC) DeMint Hulshof Bartlett (MD) Diaz-Balart, L. Hunter Ms. GINNY BROWN-WAITE of Florida, Mr. Aderholt Crane Graves Barton (TX) Diaz-Balart, M. Hyde Speaker, on rollcall No. 618 an error occurred. Akin Crenshaw Green (WI) Bass Doolittle Isakson I mistakenly voted ‘‘no’’ and should have voted Bachus Cubin Greenwood Beauprez Dreier Issa Ballenger Culberson Hall Bell Duncan Istook ‘‘yes.’’ Barrett (SC) Cunningham Harris Bereuter Dunn Janklow f Bartlett (MD) Davis, Jo Ann Hart Biggert Edwards Jenkins Barton (TX) Davis, Tom Hastings (WA) Bilirakis Emerson John MOTION TO INSTRUCT CONFEREES Bass Deal (GA) Hayes Bishop (UT) English Johnson, Sam Beauprez DeLay Hayworth Blackburn Everett Jones (NC) ON H.R. 1, MEDICARE PRESCRIP- Bereuter DeMint Hefley Blunt Feeney Keller TION DRUG AND MODERNIZA- Biggert Diaz-Balart, M. Hensarling Boehner Ferguson Kennedy (MN) TION ACT OF 2003 Bilirakis Doolittle Herger Bonilla Flake King (IA) Bishop (UT) Dreier Hobson Bonner Foley King (NY) The SPEAKER pro tempore. The un- Blackburn Duncan Hoekstra Bono Forbes Kingston finished business is the question on the Blunt Dunn Hostettler Boozman Fossella Kline Boehner Ehlers Houghton Brady (TX) Franks (AZ) Knollenberg motion to instruct conferees on H.R. 1. Bonilla Emerson Hulshof Brown (SC) Frelinghuysen Kolbe The Clerk will designate the motion. Bonner English Hunter Brown-Waite, Gallegly Lampson The Clerk designated the motion. Bono Everett Hyde Ginny Garrett (NJ) Latham The SPEAKER pro tempore. The Boozman Feeney Isakson Burgess Gibbons LaTourette Bradley (NH) Ferguson Issa Burns Gillmor Lewis (KY) question is on the motion to instruct Brady (TX) Flake Istook Calvert Gingrey Linder conferees offered by the gentleman Brown (SC) Foley Janklow Camp Gonzalez Lucas (OK) from California (Mr. CARDOZA) on Burgess Forbes Jenkins Cannon Goode Manzullo Burns Fossella Johnson (IL) Cantor Goodlatte McCotter which the yeas and nays are ordered. Calvert Franks (AZ) Johnson, Sam Capito Goss McCrery This will be a 5-minute vote. Camp Frelinghuysen Jones (NC) Carson (OK) Granger McKeon The vote was taken by electronic de- Cannon Gallegly Keller Carter Graves Mica vice, and there were—yeas 184, nays Cantor Garrett (NJ) Kelly Chabot Green (TX) Miller (FL) Capito Gerlach Kennedy (MN) Chocola Hall Miller (MI) 207, not voting 43, as follows: Carter Gibbons King (IA) Coble Hart Miller, Gary [Roll No. 619] Castle Gilchrest King (NY) Cole Hastings (WA) Mollohan Chabot Gillmor Kingston Collins Hayes Moran (KS) YEAS—184 Chocola Gingrey Kirk Cramer Hayworth Murphy Abercrombie Andrews Baldwin Coble Goode Kline Crane Hefley Musgrave Alexander Baca Ballance Cole Goodlatte Knollenberg Crenshaw Hensarling Myrick Allen Baird Becerra Collins Goss Kolbe

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.036 H07PT1 H11010 CONGRESSIONAL RECORD — HOUSE November 7, 2003 LaHood Peterson (PA) Simmons In lieu of the matter stricken and inserted Dam 24, Mississippi River, Illinois and Missouri; Latham Petri Simpson by said amendment, insert: and Lock and Dam 3, Mississippi River, Min- LaTourette Pickering Smith (MI) nesota: Provided, That using $9,280,000 of the Lewis (CA) Pitts Smith (NJ) That the following sums are appropriated, out funds appropriated herein, the Secretary of the Lewis (KY) Platts Smith (TX) of any money in the Treasury not otherwise ap- Army, acting through the Chief of Engineers, is LoBiondo Pombo Souder propriated, for the fiscal year ending September directed to continue construction of the Dallas Lucas (OK) Porter Stearns 30, 2004, for energy and water development, and Manzullo Portman Sullivan Floodway Extension, Texas, project, including for other purposes, namely: McCotter Pryce (OH) Sweeney the Cadillac Heights feature, generally in ac- McCrery Putnam Tancredo TITLE I cordance with the Chief of Engineers report McKeon Radanovich Tauzin DEPARTMENT OF DEFENSE—CIVIL dated December 7, 1999: Provided further, That Mica Ramstad Taylor (NC) the Secretary of the Army is directed to accept Miller (FL) Regula Terry DEPARTMENT OF THE ARMY advance funds, pursuant to section 11 of the Miller (MI) Rehberg Thomas CORPS OF ENGINEERS—CIVIL Miller, Gary Reynolds Thornberry River and Harbor Act of 1925, from the non-Fed- Moran (KS) Rogers (AL) Tiahrt The following appropriations shall be ex- eral sponsor of the Los Angeles Harbor, Cali- Murphy Rogers (KY) Tiberi pended under the direction of the Secretary of fornia, project authorized by section 101(b)(5) of Musgrave Rogers (MI) Toomey the Army and the supervision of the Chief of Public Law 106–541: Provided further, That the Myrick Rohrabacher Turner (OH) Engineers for authorized civil functions of the Secretary of the Army, acting through the Chief Nethercutt Royce Upton Department of the Army pertaining to rivers of Engineers, is directed to use $750,000 of the Neugebauer Ryan (WI) Vitter and harbors, flood control, shore protection, funds provided herein to continue construction Ney Ryun (KS) Walsh Northup Saxton Wamp aquatic ecosystem restoration, and related pur- of the Hawaii Water Management Project: Pro- Norwood Schrock Weldon (FL) poses. vided further, That the Secretary of the Army, Nunes Sensenbrenner Weldon (PA) GENERAL INVESTIGATIONS acting through the Chief of Engineers, is di- Osborne Sessions Weller For expenses necessary for the collection and rected to use $2,500,000 of the funds appro- Ose Shadegg Whitfield study of basic information pertaining to river priated herein to continue construction of the Otter Shaw Wicker navigation project at Kaumalapau Harbor, Ha- Oxley Shays Wilson (SC) and harbor, flood control, shore protection, aquatic ecosystem restoration, and related waii: Provided further, That the Secretary of Pearce Sherwood Wolf the Army, acting through the Chief of Engi- Pence Shimkus Young (AK) projects, restudy of authorized projects, mis- Peterson (MN) Shuster Young (FL) cellaneous investigations, and, when authorized neers, is directed to use $6,000,000 of the funds by law, surveys and detailed studies and plans provided herein for the Dam Safety and Seep- NOT VOTING—43 and specifications of projects prior to construc- age/Stability Correction Program to continue Ackerman Granger McInnis tion, $116,949,000, to remain available until ex- construction of seepage control features and to Baker Gutknecht Meehan pended: Provided, That for the Ohio Riverfront, design and construct repairs to the tainter gates Berman Hastings (FL) Napolitano at Waterbury Dam, Vermont: Provided further, Brown (OH) Hinchey Cincinnati, Ohio, project, the cost of planning Nussle and design undertaken by non-Federal interests That the Secretary of the Army, acting through Burr Hooley (OR) Ortiz shall be credited toward the non-Federal share the Chief of Engineers, is directed to proceed Burton (IN) Johnson (CT) Paul with the construction of the New York and New Buyer Jones (OH) of project design costs: Provided further, That Quinn Jersey Harbor project, 50-foot deepening ele- Cox Kaptur Rangel in conducting the Southwest Valley Flood Dam- Davis (AL) Kilpatrick ment, upon execution of the Project Cooperation Reyes age Reduction Study, Albuquerque, New Mex- DeFazio Kucinich Agreement: Provided further, That no funds Ros-Lehtinen ico, the Secretary of the Army, acting through Diaz-Balart, L. Lewis (GA) made available under this Act or any other Act Towns the Chief of Engineers, shall include an evalua- Doggett Linder for any fiscal year may be used by the Secretary Walden (OR) tion of flood damage reduction measures that Fattah Lipinski of the Army to carry out the construction of the Wu would otherwise be excluded from the feasibility Fletcher Majette Port Jersey element of the New York and New Gephardt Matsui analysis based on policies regarding the fre- Jersey Harbor or reimbursement to the Local quency of flooding, the drainage areas, and the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Sponsor for the construction of the Port Jersey amount of runoff: Provided further, That the The SPEAKER pro tempore (Mr. element until commitments for construction of Secretary of the Army, acting through the Chief container handling facilities are obtained from SIMPSON) (during the vote). Members of Engineers, is directed to use $250,000 for the non-Federal sponsor for a second user along are advised that 2 minutes remain in preconstruction engineering and design of the Port Jersey element: Provided further, That this vote. Waikiki Beach, Oahu, Hawaii, the project to be funds appropriated in this Act for the preserva- designed and evaluated, as authorized: Provided b 1217 tion and restoration of the Florida Everglades further, That the Secretary of the Army, acting shall be made available for expenditure unless: So the motion to instruct was re- through the Chief of Engineers, is directed to (1) the Secretary of the Army, not later than 30 jected. use $100,000 for the continuation and completion days after the date of enactment of this Act, of feasibility studies of Kihei Beach, Maui, Ha- transmits to the State of Florida and the Com- The result of the vote was announced waii: Provided further, That any recommenda- as above recorded. mittees on Appropriations of the House of Rep- tions for a National Economic Development resentatives and the Senate a report containing A motion to reconsider was laid on Plan shall be accepted notwithstanding the ex- a finding and supporting materials indicating the table. tent of recreation benefits supporting the project that the waters entering the A.R.M. features, in view of the fact that recreation is f Loxahatchee National Wildlife Refuge and Ev- extremely important in sustaining and increas- erglades National Park do not meet the water CONFERENCE REPORT ON H.R. 2754, ing the economic well-being of the State of Ha- quality requirements set forth in the Consent ENERGY AND WATER DEVELOP- waii and the nation. Decree entered in United States v. South Florida MENT APPROPRIATIONS ACT, CONSTRUCTION, GENERAL Water Management District; (2) the State fails 2004 For the prosecution of river and harbor, flood to submit a satisfactory plan to bring the waters control, shore protection, aquatic ecosystem res- into compliance with the water quality require- Mr. HOBSON submitted the following toration, and related projects authorized by law; ments within 45 days of the date of the report; conference report and statement on the and detailed studies, and plans and specifica- (3) the Secretary transmits to the State and the bill (H.R. 2754) making appropriations tions, of projects (including those for develop- Committees a follow-up report containing a for energy and water development for ment with participation or under consideration finding that the State has not submitted such a the fiscal year ending September 30, for participation by States, local governments, plan; and (4) either the Committee on Appro- 2004, and for other purposes: or private groups) authorized or made eligible priations of the House of Representatives or the for selection by law (but such studies shall not Senate issues a written notice disapproving of CONFERENCE REPORT (H. REPT. 108–357) constitute a commitment of the Government to further expenditure of the funds: Provided fur- The committee of conference on the dis- construction), $1,722,319,000, to remain available ther, That the Secretary of the Army shall pro- agreeing votes of the two Houses on the until expended, of which such sums as are nec- vide the State of Florida with notice and an op- amendment of the Senate to the bill (H.R. essary to cover the Federal share of construction portunity to respond to any determination of 2754) ‘‘making appropriations for energy and costs for facilities under the Dredged Material the Secretary under the preceding proviso before water development for the fiscal year ending Disposal Facilities program shall be derived the determination becomes final: Provided fur- September 30, 2004, and for other purposes’’, from the Harbor Maintenance Trust Fund as ther, That the Secretary of the Army, acting having met, after full and free conference, authorized by Public Law 104–303; and of which through the Chief of Engineers, is directed to have agreed to recommend and do rec- such sums as are necessary pursuant to Public use $17,000,000 of the funds appropriated herein ommend to their respective Houses as fol- Law 99–662 shall be derived from the Inland Wa- to proceed with planning, engineering, design or lows: terways Trust Fund, for one-half of the costs of construction of the Grundy, Buchanan County, That the House recede from its disagree- construction and rehabilitation of inland water- and Dickenson County, Virginia, elements of ment to the amendment of the Senate, and ways projects, including rehabilitation costs for the Levisa and Tug Forks of the Big Sandy agree to the same with an amendment, as Lock and Dam 11, Mississippi River, Iowa; Lock River and Upper Cumberland River Project: follows: and Dam 19, Mississippi River, Iowa; Lock and Provided further, That the Secretary of the

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.038 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11011 Army, acting through the Chief of Engineers, is sponsors is reasonable, allowable, allocable, and peake Bay, Delaware and Maryland, the Sec- directed to use $5,400,000 of the funds appro- integral to the development of the environ- retary of the Army, acting through the Chief of priated herein to proceed with the planning, en- mental impact statement: Provided further, That Engineers, is directed to reimburse the State of gineering, design or construction of the Lower the Secretary of the Army, acting through the Delaware for normal operation and mainte- Mingo County, Upper Mingo County, Wayne Chief of Engineers, is directed to construct the nance costs incurred by the State of Delaware County, McDowell County, West Virginia, ele- Miami Harbor project, as recommended in the for the SR1 Bridge from station 58∂00 to station ments of the Levisa and Tug Forks of the Big Miami Harbor Letter Report dated August 2002, 293∂00 between October 1, 2003, and September Sandy River and Upper Cumberland River as revised February 2003: Provided further, That 30, 2004: Provided further, That the Secretary of Project: Provided further, That the Secretary of using $500,000 of the funds appropriated herein, the Army, acting through the Chief of Engi- the Army, acting through the Chief of Engi- the Secretary of the Army, acting through the neers, is directed to use funds appropriated neers, is directed to continue the Dickenson Chief of Engineers, is authorized and directed to herein to rehabilitate the existing dredged mate- County Detailed Project Report as generally de- plan, design, and initiate reconstruction of the rial disposal site for the project for navigation, fined in Plan 4 of the Huntington District Engi- Cape Girardeau, Missouri, project, originally Bodega Bay Harbor, California, and to continue neer’s Draft Supplement to the section 202 Gen- authorized by the Flood Control Act of 1950, at maintenance dredging of the Federal channel: eral Plan for Flood Damage Reduction dated an estimated total cost of $9,000,000, with cost Provided further, That the Secretary shall make April 1997, including all Russell Fork tributary sharing on the same basis as cost sharing for the suitable material excavated from the site as part streams within the County and special consider- project as originally authorized, if the Secretary of the rehabilitation effort available to the non- ations as may be appropriate to address the determines that the reconstruction is technically Federal sponsor, at no cost to the Federal Gov- unique relocations and resettlement needs for sound and environmentally acceptable: Pro- ernment, for use by the non-Federal sponsor in the flood prone communities within the County: vided further, That the planned reconstruction the development of public facilities: Provided Provided further, That the Secretary of the shall be based on the most cost-effective engi- further, That the Corps of Engineers shall not Army, acting through the Chief of Engineers, is neering solution and shall require no further allocate any funds to deposit dredged material directed to proceed with the construction of the economic justification: Provided further, That along the Laguna Madre portion of the Gulf In- Seward Harbor, Alaska, project, in accordance the Secretary is directed to use $5,000,000 of the tracoastal Waterway except at the placement with the Report of the Chief of Engineers, dated funds appropriated herein to undertake the res- areas specified in the Dredged Material Man- June 8, 1999, and the economic justification con- toration of Tar Creek and Vicinity, Oklahoma, agement Plan in section 2.11 of the Final Envi- tained therein: Provided further, That the Sec- project. ronmental Impact Statement for Maintenance retary of the Army, acting through the Chief of FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- Dredging of the Gulf Intracoastal Waterway, Engineers, is directed and authorized to con- TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- Laguna Madre, Texas, Nueces, Kleberg, tinue the work to replace and upgrade the dam ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE Kenedy, Willacy, and Cameron Counties, Texas, and all connections to the existing system at For expenses necessary for the flood damage prepared by the Corps of Engineers dated Sep- Kake, Alaska: Provided further, That the Sec- reduction program for the Mississippi River al- tember 2003: Provided further, That nothing in retary of the Army, acting through the Chief of luvial valley below Cape Girardeau, Missouri, the above proviso shall prevent the Corps of En- Engineers, is directed to proceed with the con- as authorized by law, $324,222,000, to remain gineers from performing necessary maintenance struction of the Wrangell Harbor, Alaska, available until expended: Provided, That the operations along the Gulf Intracoastal Water- project in accordance with the Chief of Engi- way if the following conditions are met: if the neer’s report dated December 23, 1999: Provided Secretary of the Army, acting through the Chief Corps proposes to use any placement areas that further, That the Secretary of the Army, acting of Engineers, using $12,000,000 of the funds pro- are not currently specified in the Dredged Mate- through the Chief of Engineers, is directed to vided herein, is directed to continue design and rial Management Plan and failure to use such use $33,400,000 of the funds appropriated herein real estate activities and to initiate the pump alternative placement areas will result in the for the Clover Fork, City of Cumberland, Town supply contract for the Yazoo Basin, Yazoo closure of any segment of the Gulf Intracoastal of Martin, Pike County (including Levisa Fork Backwater Pumping Plant, Mississippi: Pro- Waterway, then such proposal shall be analyzed and Tug Fork Tributaries), Bell County, Harlan vided further, That the pump supply contract in an Environmental Impact Statement (EIS) County in accordance with the Draft Detailed shall be performed by awarding continuing con- and comply with all other applicable require- Project Report dated January 2002, Floyd Coun- tracts in accordance with 33 U.S.C. 621: Pro- ty, Martin County, Johnson County, and Knox vided further, That the Secretary of the Army, ments of the National Environmental Policy County, Kentucky, detailed project report, ele- acting through the Chief of Engineers is di- Act, 42 U.S.C. 4321, et seq., and all other appli- ments of the Levisa and Tug Forks of the Big rected, with funds previously appropriated, to cable State and Federal laws, including the Sandy River and Upper Cumberland River: Pro- continue construction of water withdrawal fea- Clean Water Act, 33 U.S.C. 1251 et seq., the En- vided further, That the Secretary of the Army, tures of the Grand Prairie, Arkansas, project. dangered Species Act, 16 U.S.C. 1531 et seq., and acting through the Chief of Engineers, is di- OPERATION AND MAINTENANCE, GENERAL the Coastal Zone Management Act, 16 U.S.C. rected to use funds appropriated for the naviga- For expenses necessary for the operation, 1451 et seq.: Provided further, That $15,000,000 is tion project, Tampa Harbor, Florida, to carry maintenance, and care of existing river and har- provided to be used by the Secretary of the out, as part of the project, construction of pass- bor, flood and storm damage reduction, aquatic Army, acting through the Chief of Engineers, to ing lanes in an area approximately 3.5 miles ecosystem restoration, and related projects; for repair, restore, and clean up projects and facili- long, centered on Tampa Bay Cut B, if the Sec- providing security for infrastructure owned and ties of the Corps of Engineers and dredge navi- retary determines that such construction is tech- operated by, or on behalf of, the U.S. Army gation channels, restore and clean out area nically sound, environmentally acceptable, and Corps of Engineers, including administrative streams, provide emergency stream bank protec- cost effective: Provided further, That using buildings and facilities, laboratories, and the tion, restore other crucial public infrastructure $200,000 appropriated herein, the Secretary of Washington Aqueduct; for the maintenance of (including water and sewer facilities), document the Army, acting through the Chief of Engi- harbor channels provided by a State, munici- flood impacts, and undertake other flood recov- neers, may develop an environmental impact pality, or other public agency that serve essen- ery efforts considered necessary by the Chief of statement for introducing non-native oyster spe- tial navigation needs of general commerce, Engineers: Provided further, That the Secretary cies into the Chesapeake Bay: Provided further, where authorized by law; and for surveys and of the Army is directed to use $75,000 of the That during preparation of the environmental charting of northern and northwestern lakes funds appropriated herein to remove the weir impact statement, the Secretary may establish a and connecting waters, clearing and straight- feature of the project for flood damage reduc- scientific advisory body consisting of the Vir- ening channels, and removal of obstructions to tion, Mayfield Creek and Tributaries, Kentucky, ginia Institute of Marine Science, the University navigation, $1,967,925,000, to remain available constructed pursuant to section 205 of the Flood of Maryland, and other appropriate research in- until expended, of which such sums as become Control Act of 1948 (33 U.S.C. 701s), without any stitutions to review the sufficiency of the envi- available in the Harbor Maintenance Trust further environmental or economic analysis or ronmental impact statement: Provided further, Fund, pursuant to Public Law 99–662 may be study: Provided further, That the Secretary of That in addition, the Secretary shall give con- derived from that fund, and of which such sums the Army, acting through the Chief of Engi- sideration to the findings and recommendations as become available from the special account for neers, is directed to use $250,000 of the funds ap- of the National Academy of Sciences report on the U.S. Army Corps of Engineers established by propriated herein for sediment removal and dam the introduction of non-native oyster species the Land and Water Conservation Act of 1965, repair at Junaluska, North Carolina. into the Chesapeake Bay in the preparation of as amended (16 U.S.C. 460l–6a(i)), may be de- REGULATORY PROGRAM the environmental impact statement: Provided rived from that account for resource protection, For expenses necessary for administration of further, That notwithstanding the cost sharing research, interpretation, and maintenance ac- laws pertaining to regulation of navigable wa- provisions of section 510(d) of the Water Re- tivities related to resource protection in the ters and wetlands, $140,000,000, to remain avail- sources Development Act of 1996 (110 Stat. 3760), areas at which outdoor recreation is available; able until expended. the preparation of the environmental impact and of which such sums as become available statement shall be cost shared 50 percent Fed- under section 217 of the Water Resources Devel- FORMERLY UTILIZED SITES REMEDIAL ACTION eral and 50 percent non-Federal, for an esti- opment Act of 1996, Public Law 104–303, shall be PROGRAM mated cost of $2,000,000: Provided further, That used to cover the cost of operation and mainte- For expenses necessary to clean up contami- the non-Federal sponsors may meet their 50 per- nance of the dredged material disposal facilities nation from sites in the United States resulting cent matching cost share through in-kind serv- for which fees have been collected: Provided, from work performed as part of the Nation’s ices: Provided further, That the Secretary deter- That of funds appropriated herein, for the In- early atomic energy program, $140,000,000, to re- mines that work performed by the non-Federal tracoastal Waterway, Delaware River to Chesa- main available until expended.

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GENERAL EXPENSES vania, shall be known and designated as the plementation of such activities as the Secretary For expenses necessary for general adminis- ‘‘C.W. Bill Young Lock and Dam’’. determines to be necessary or advisable to dem- tration and related civil works functions in the (b) LEGAL REFERENCES.—A reference in any onstrate practicable alternatives, such activities headquarters of the U.S. Army Corps of Engi- law, regulation, document, record, map, or other shall include measures to address lead exposure neers, the offices of the Division Engineers, the paper of the United States to the lock and dam and other environmental problems related to Humphreys Engineer Center Support Activity, referred to in subsection (a) shall be deemed to historical mining activities in the area. the Institute for Water Resources, the U.S. be a reference to the ‘‘C.W. Bill Young Lock and (b) In carrying out subsection (a), the Sec- Army Engineer Research and Development Cen- Dam’’. retary may utilize, through contracts or other ter, and the U.S. Army Corps of Engineers Fi- SEC. 107. The Secretary of the Army may uti- means, the services of the University of Okla- nance Center, $160,000,000, to remain available lize continuing contracts in carrying out the homa, the Oklahoma Department of Environ- until expended: Provided, That no part of any studying, planning, or designing of a water re- mental Quality, or such other entities as the other appropriation provided in title I of this sources project prior to the authorization of the Secretary determines to be appropriate. Act shall be available to fund the activities of project for construction. (c) Notwithstanding any other provision of the Office of the Chief of Engineers or the exec- SEC. 108. The Secretary is authorized to re- law, the Secretary shall not incur liability under utive direction and management activities of the move and dispose of oil bollards and associated the Comprehensive Environmental Response, division offices: Provided further, That none of debris in Burlington Harbor, Vermont. Compensation, and Liability Act (42 U.S.C. 9601 these funds shall be available to support an of- SEC. 109. KAKE DAM REPLACEMENT, KAKE, et seq.) for activities undertaken pursuant to fice of congressional affairs within the executive ALASKA TECHNICAL CORRECTIONS. Section 105, this section. office of the Chief of Engineers. Public Law 106–377, is amended by striking (d) Non-Federal interests shall be responsible ADMINISTRATIVE PROVISIONS ‘‘$7,000,000’’ and inserting ‘‘$11,000,000 at full for providing any necessary lands, easements or Appropriations in this title shall be available Federal expense’’. rights-of-way required for implementation of ac- for official reception and representation ex- SEC. 110. DEAUTHORIZATION OF PROJECT FOR tivities authorized by this section and shall be penses (not to exceed $5,000); and during the NAVIGATION, PAWTUXET COVE, RHODE ISLAND. responsible for operating and maintaining any current fiscal year the Revolving Fund, Corps of (a) IN GENERAL.—The portions of the project for restoration alternatives constructed or carried Engineers, shall be available for purchase (not navigation, Pawtuxet Cove, Rhode Island, au- out pursuant to this section. All other costs to exceed 100 for replacement only) and hire of thorized by section 101 of the River and Harbor shall be borne by the Federal Government. passenger motor vehicles. Act of 1962 (76 Stat. 1173) and described in sub- (e) There is authorized to be appropriated GENERAL PROVISIONS section (b) shall no longer be authorized after $15,000,000 to carry out the purposes of this sec- CORPS OF ENGINEERS—CIVIL the date of enactment of this Act. tion. (b) DESCRIPTIONS.—The portions of the project SEC. 101. Agreements proposed for execution SEC. 112. The amount of $2,000,000 previously by the Assistant Secretary of the Army for Civil referred to in subsection (a) are the following: provided under the heading ‘‘Construction, (1) Beginning at a point along the western Works or the United States Army Corps of Engi- General’’ in title I of the Energy and Water De- edge of the 6-foot channel just south of the 6- neers after the date of the enactment of this Act velopment Appropriations Act, 2003, division D foot turning basin: N247,856.00, E530,338.00, pursuant to section 4 of the Rivers and Harbor of Public Law 108–7, is to be used to provide thence running north 51 degrees 44 minutes 12.5 Act of 1915, Public Law 64–291; section 11 of the technical assistance at full Federal expense, to River and Harbor Act of 1925, Public Law 68– seconds west 214.77 feet to a point N247,989.00, Alaskan communities to address the serious im- 585; the Civil Functions Appropriations Act, E530,169.37, thence running north 13 degrees 14 pacts of coastal erosion. 1936, Public Law 75–208; section 215 of the Flood minutes 48.8 seconds west 149.99 feet to a point SEC. 113. ST. GEORGES BRIDGE, DELAWARE. Control Act of 1968, as amended, Public Law 90– N248,135.00, E530,135.00, thence running north None of the funds made available in this Act 483; sections 104, 203, and 204 of the Water Re- 44 degrees 11 minutes 7.4 seconds east 137.77 feet may be used to carry out any activity relating sources Development Act of 1986, as amended, to a point N248,233.79, E530,231.02, thence run- to closure or removal of the St. Georges Bridge Public Law 99–662; section 206 of the Water Re- ning north 3 degrees 58 minutes 18.8 seconds across the Intracoastal Waterway, Delaware sources Development Act of 1992, as amended, west 300.00 feet to a point N248,533.07, River to Chesapeake Bay, Delaware and Mary- Public Law 102–580; section 211 of the Water Re- E530,210.24 thence running north 86 degrees 1 land, including a hearing or any other activity sources Development Act of 1996, Public Law minute 34.3 seconds east 35.00 feet to a point relating to preparation of an environmental im- 104–303; and any other specific project author- N248,535.50, E530,245.16, thence running south 3 pact statement concerning the closure or re- ity, shall be limited to credits and reimburse- degrees 58 minutes 21.0 seconds east 342.49 feet moval. ments per project not to exceed $10,000,000 in to a point N248,193.83, E530,268.88, thence run- SEC. 114. Section 214(a) of Public Law 106–541 each fiscal year, and total credits and reim- ning south 44 degrees 11 minutes 7.4 seconds is amended by striking ‘‘2003’’ and inserting bursements for all applicable projects not to ex- west 135.04 feet to a point N248,097.00, ‘‘2005’’. ceed $50,000,000 in each fiscal year. E530,174.77, thence running south 13 degrees 14 SEC. 115. The Secretary of the Army, acting SEC. 102. None of the funds appropriated in minutes 48.8 seconds east 85.38 feet to a point through the Chief of Engineers, shall direct con- this or any other Act may be used by the United N248,013.89, E530,194.33, thence running south struction of Alternative 1 (Northeast Corner) for States Army Corps of Engineers to support ac- 51 degrees 44 minutes 12.5 seconds east 166.56 the project authorized in section 353 of Public tivities related to the proposed Ridge Landfill in feet to a point N247,910.74, E530,325.11 thence Law 105–277 notwithstanding any other provi- Tuscarawas County, Ohio. running south 13 degrees 14 minutes 49.2 sec- sion of law. SEC. 103. None of the funds appropriated in onds east 56.24 feet to the point of origin. SEC. 116. The Secretary of the Army, acting this Act, or any other Act, shall be used to dem- (2) Beginning at a point along the eastern through the Chief of Engineers, is authorized to onstrate or implement any plans divesting or edge of the 6-foot channel opposite the 6-foot undertake appropriate planning, design, and transferring of any Civil Works missions, func- turning basin: N248,180.00, E530,335.00, thence construction measures for wildfire prevention tions, or responsibilities for the United States running south 32 degrees 12 minutes 35.3 sec- and restoration in the Middle Rio Grande Army Corps of Engineers to other government onds east 88.25 feet to a point N248,105.33, bosque in and around the City of Albuquerque. agencies without specific direction in a subse- E530,382.04, thence running south 13 degrees 14 Work shall be directed toward those portions of quent Act of Congress. minutes 49.2 seconds east 138.48 feet to a point the bosque which have been damaged by wild- SEC. 104. None of the funds appropriated in N247,970.53, E530,413.77, thence running north fire or are in imminent danger of damage from this or any other Act may be used by the United 32 degrees 12 minutes 35.3 seconds west 135.42 wildfire due to heavy fuel loads and impedi- States Army Corps of Engineers to support ac- feet to a point N248,085.12, E530,341.59, thence ments to emergency vehicle access. tivities related to the proposed Indian Run Sani- running north 3 degrees 58 minutes 21.0 seconds SEC. 117. Section 595 of the Water Resources tary Landfill in Sandy Township, Stark Coun- west 95.11 feet to the point of origin. Development Act of 1999 (113 Stat. 383; 117 Stat. ty, Ohio. (3) Beginning at a point along the eastern 142) is amended— SEC. 105. ALAMOGORDO, NEW MEXICO. The edge of the channel adjacent to the 6-foot en- (1) by striking the section heading and insert- project for flood protection at Alamogordo, New trance channel: N246,630.77, E530,729.17, thence ing the following: Mexico, authorized by the Flood Control Act of running south 13 degrees 14 minutes 49.2 sec- ‘‘SEC. 595. IDAHO, MONTANA, RURAL NEVADA, 1962 (Public Law 87–874), is modified to author- onds east 35.55 feet to a point N246,596.16, NEW MEXICO, AND RURAL UTAH.’’; ize and direct the Secretary to construct a flood E530,737.32, thence running south 51 degrees 31 (2) in subsection (a)— detention basin to protect the north side of the minutes 38.6 seconds east 283.15 feet to a point (A) by redesignating paragraphs (1) through City of Alamogordo, New Mexico, from flooding. N246,420.00, E530,959.00, thence running north (3) as subparagraphs (A) through (C), respec- The flood detention basin shall be constructed 47 degrees 28 minutes 37.2 seconds west 311.84 tively; to provide protection from a 100-year flood feet returning to a point N246,630.77, (B) by striking (a) and all that follows event. The project cost share for the flood deten- E530,729.17. through ‘‘means—’’ and inserting the following: tion basin shall be consistent with section 103(a) SEC. 111. (a) The Secretary of the Army is au- ‘‘(a) DEFINITIONS.—In this section: of the Water Resources Development Act of 1986, thorized to provide technical, planning, design ‘‘(1) RURAL NEVADA.—The term ‘rural Nevada’ notwithstanding section 202(a) of the Water Re- and construction assistance to non-Federal in- means’’; and sources Development Act of 1996. terests to remedy adverse environmental and (C) by adding at the end the following: NAMING OF LOCK AND DAM 3, ALLEGHENY RIVER, human health impacts in Ottawa County, Okla- ‘‘(2) RURAL UTAH.—The term ‘rural Utah’ PENNSYLVANIA homa. In providing assistance, the Secretary means— Sec. 106. (a) DESIGNATION.—Lock and dam shall coordinate with the State, Tribal, and ‘‘(A) the counties of Box Elder, Cache, Rich, numbered 3 on the Allegheny River, Pennsyl- local interests. The Secretary may undertake im- Tooele, Morgan, Summit, Dagett, Wasatch,

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Duchesne, Uintah, Juab, Sanpete, Carbon, Mil- (1) TOTAL COST.—The total cost of the project duction, American and Sacramento Rivers, Cali- lard, Sevier, Emery, Grand, Beaver, Piute, shall not exceed $3,500,000 (excluding interpreta- fornia, authorized by section 101(a)(1) of the Wayne, Iron, Garfield, San Juan, and Kane, tive displays). Water Resources Development Act of 1996 (110 Utah; and (2) FEDERAL SHARE.—The Federal share of the Stat. 3662–3663) and modified by section 366 of ‘‘(B) the portions of Washington County, cost of the project shall be $3,000,000. the Water Resources Development Act of 1999 Utah, that are located outside the city of St. (3) NON-FEDERAL SHARE.— (113 Stat. 319–320), is further modified to direct George, Utah.’’; (A) IN GENERAL.—The non-Federal share of the Secretary to carry out the project, at a total (3) in subsections (b) and (c), by striking ‘‘Ne- the cost of the project— cost of $205,000,000. vada, Montana, and Idaho’’ and inserting (i) shall be $500,000; and SEC. 130. PLACER AND EL DORADO COUNTIES, ‘‘Idaho, Montana, rural Nevada, New Mexico, (ii) may be provided— CALIFORNIA. (a) ESTABLISHMENT OF PROGRAM.— and rural Utah’’; and (I) in cash; or The Secretary of the Army may establish a pro- (4) in subsection (h), by striking ‘‘2001—’’ and (II) in kind, with credit accorded to the non- gram to provide environmental assistance to all that follows and inserting ‘‘2001 $25,000,000 Federal sponsor for provision of all necessary non-Federal interests in Placer and El Dorado for each of Idaho, Montana, New Mexico, and services, replacement facilities, replacement land Counties, California. rural Utah, to remain available until ex- (not to exceed 4 acres), easements, and rights-of- (b) FORM OF ASSISTANCE.—Assistance under pended.’’. way acceptable to the Secretary and the non- this section may be in the form of design and SEC. 118. Section 560(f) of Public Law 106–53 is Federal sponsor. construction assistance to improve the efficiency amended by striking ‘‘$5,000,000’’ and inserting (B) INTERPRETIVE EXHIBITS.—In addition to and use of existing water supplies in Placer and ‘‘$7,500,000’’. the non-Federal share described in subpara- El Dorado Counties through water and waste- SEC. 119. Section 219(f) of the Water Resources graph (A), the non-Federal sponsor shall fund, water projects, programs, and infrastructure. Development Act of 1992 (Public Law 102–580; operate, and maintain all interpretative exhibits (c) OWNERSHIP REQUIREMENT.—The Secretary 106 Stat. 4835), as amended by section 502(b) of under the project. may provide assistance for a project under this the Water Resources Development Act of 1999 SEC. 125. FLOOD DAMAGE REDUCTION, MILL section only if the project is publicly owned. (Public Law 106–53; 113 Stat. 335) and section CREEK, CINCINNATI, OHIO. The Secretary of the (d) PARTNERSHIP AGREEMENTS.— 108(d) of title I of division B of the Miscella- Army is directed to complete the General Re- (1) IN GENERAL.—Before providing assistance neous Appropriations Act, 2001 (as enacted by evaluation Report on the Mill Creek, Ohio, under this section, the Secretary shall enter into Public law 106–554; 114 Stat. 2763A–220), is fur- project within 15 months of enactment of this a partnership agreement with a non-Federal in- ther amended by adding at the end the fol- Act at 100 percent Federal cost. The report shall terest to provide for design and construction of lowing: provide plans for flood damage reduction the project to be carried out with the assistance. ‘‘(71) CORONADO, CALIFORNIA.—$10,000,000 is throughout the basin equivalent to and com- (2) REQUIREMENTS.—Each partnership agree- authorized for wastewater infrastructure, Coro- mensurate with that afforded by the authorized, ment entered into under this subsection shall nado, California.’’. partially implemented, Mill Creek, Ohio, Flood provide for the following: (A) PLAN.—Development by the Secretary, in SEC. 120. Section 592(g) of the Water Re- Damage Reduction Project, as authorized in sec- sources Development Act of 1999 (Public Law tion 201 of the Flood Control Act of 1970 (Public consultation with appropriate Federal and State 106–53; 113 Stat. 380) is amended by striking Law 91–611). officials, of a facilities or resource protection ‘‘$25,000,000 for the period beginning with fiscal SEC. 126. LAKES MARION AND MOULTRIE, and development plan, including appropriate year 2000’’ and inserting ‘‘$100,000,000’’. SOUTH CAROLINA. Section 219(f)(25) of the Water engineering plans and specifications. (B) LEGAL AND INSTITUTIONAL STRUCTURES.— SEC. 121. PARK RIVER, GRAFTON, NORTH DA- Resources Development Act of 1992 (113 Stat. Establishment of such legal and institutional KOTA. Section 364(5) of the Water Resources De- 336; 114 Stat. 2763A–220) is amended— structures as are necessary to ensure the effec- velopment Act of 1999 (113 Stat. 314) is amend- (1) by striking ‘‘$15,000,000’’ and inserting tive long-term operation of the project by the ed— ‘‘$35,000,000’’; and (1) by striking ‘‘$18,265,000’’ and inserting (2) by inserting ‘‘wastewater treatment and’’ non-Federal interest. before ‘‘water supply’’. (3) COST SHARING.— ‘‘$21,075,000’’; and (A) IN GENERAL.—The Federal share of the (2) by striking ‘‘$9,835,000’’ and inserting SEC. 127. Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. project costs under each partnership agreement ‘‘$7,025,000’’. entered into under this subsection shall be 75 EC. 122. SCHUYLKILL RIVER PARK, PHILADEL- 335–337; 114 Stat. 2763A–220–221) is amended by S percent. The Federal share may be in the form PHIA, PENNSYLVANIA. The Secretary of the Army adding at the end the following: ‘‘CHARLESTON, of grants or reimbursements of project costs. SOUTH CAROLINA.—$5,000,000 for wastewater in- shall provide technical, planning, design, and (B) CREDIT FOR WORK.—The non-Federal infrastructure, including wastewater collection construction assistance for Schuylkill River terests shall receive credit for the reasonable systems, Charleston, South Carolina.’’. Park, Philadelphia, Pennsylvania, in accord- cost of design work on a project completed by SEC. 128. AMERICAN RIVER WATERSHED, CALI- ance with section 564(c) of the Water Resources the non-Federal interest before entering into a FORNIA. (a) IN GENERAL.—The Secretary of the Development Act of 1996 (Public Law 104–303; partnership agreement with the Secretary for Army is authorized to carry out the project for 110 Stat. 3785), as contained in the February such project. flood damage reduction and environmental res- 2003 report of the Philadelphia District based on (C) CREDIT FOR INTEREST.—In case of a delay regional economic development benefits, at a toration, American River Watershed, California, in the funding of the non-Federal share of a Federal share of 50 percent and a non-Federal substantially in accordance with the plans, and project that is the subject of an agreement under share of 50 percent. subject to the conditions, described in the Re- this section, the non-Federal interest shall re- SEC. 123. GWYNNS FALLS WATERSHED, BALTI- port of the Chief of Engineers dated November 5, ceive credit for reasonable interest incurred in MORE, MARYLAND. The Secretary of the Army 2002, at a total cost of $257,300,000, with an esti- providing the non-Federal share of the project’s shall implement the project for ecosystem res- mated Federal cost of $201,200,000 and an esti- costs. toration, Gwynns Falls, Maryland, in accord- mated non-Federal cost of $56,100,000; except (D) LAND, EASEMENTS, AND RIGHTS-OF-WAY ance with the Baltimore Metropolitan Water Re- that the Secretary is authorized to accept funds CREDIT.—The non-Federal interest shall receive sources-Gwynns Falls Watershed Feasibility Re- from State and local governments and other credit for land, easements, rights-of-way, and port prepared by the Corps of Engineers and the Federal agencies for the purpose of constructing relocations toward the non-Federal share of City of Baltimore, Maryland. a permanent bridge instead of the temporary project costs (including all reasonable costs as- SEC. 124. SNAKE RIVER CONFLUENCE INTERPRE- bridge described in the recommended plan and sociated with obtaining permits necessary for TATIVE CENTER, CLARKSTON, WASHINGTON. (a) may construct such permanent bridge if all ad- the construction, operation, and maintenance of IN GENERAL.—The Secretary of the Army, acting ditional costs for such bridge, above the the project on publicly owned or controlled through the Chief of Engineers (referred to in $36,000,000 provided for in the recommended land), but not to exceed 25 percent of total this section as the ‘‘Secretary’’) is authorized plan for bridge construction, are provided by project costs. and shall carry out a project to plan, design, such governments or agencies. (E) OPERATION AND MAINTENANCE.—The non- construct, furnish, and landscape a federally (b) EXPEDITING BRIDGE DESIGN AND CON- Federal share of operation and maintenance owned and operated Collocated Civil Works Ad- STRUCTION.—The Secretary, in cooperation with costs for projects constructed with assistance ministrative Building and Snake River Con- appropriate non-Federal interests, shall imme- provided under this section shall be 100 percent. fluence Interpretative Center, as described in diately commence appropriate studies for, and (e) APPLICABILITY OF OTHER FEDERAL AND the Snake River Confluence Center Project the design of, a permanent bridge (including an STATE LAWS.—Nothing in this section waives, Management Plan. evaluation of potential impacts of bridge con- limits, or otherwise affects the applicability of (b) LOCATION.—The project— struction on traffic patterns and identification any provision of Federal or State law that (1) shall be located on Federal property at the of alternatives for mitigating such impacts) and, would otherwise apply to a project to be carried confluence of the Snake River and the Clear- upon execution of a cost-sharing agreement out with assistance provided under this section. water River, near Clarkston, Washington; and with such non-Federal interests, shall proceed (f) NONPROFIT ENTITIES.—Notwithstanding (2) shall be considered to be a capital improve- to construction of the bridge as soon as prac- section 221(b) of the Flood Control Act of 1970 ment of the Clarkston office of the Lower Gran- ticable; except that such studies, design, and (42 U.S.C. 1962d–5b(b)), for any project under- ite Project. construction shall not adversely affect the taken under this section, a non-Federal interest (c) EXISTING STRUCTURES.—In carrying out schedule of design or construction of authorized may include a nonprofit entity with the consent the project, the Secretary may demolish or relo- projects for flood damage reduction. of the affected local government. cate existing structures. SEC. 129. AMERICAN AND SACRAMENTO RIVERS, (g) CORPS OF ENGINEERS EXPENSES.—Ten per- (d) COST SHARING.— CALIFORNIA. The project for flood damage recent of the amounts appropriated to carry out

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this section may be used by the Corps of Engi- (g) NONPROFIT ENTITIES.—Notwithstanding the protection bridge piers from the Franklin neers district offices to administer projects under section 221(b) of the Flood Control Act of 1970 Street Bridge to the Michigan Avenue Bridge this section at 100 percent Federal expense. (42 U.S.C. 1962d–5b(b)), for any project under- shall no longer be authorized after the date of (h) AUTHORIZATION OF APPROPRIATIONS.— taken under this section, a non-Federal interest enactment of this Act. There is authorized to be appropriated to carry may include a nonprofit entity with the consent SEC. 140. SAN FRANCISCO, CALIFORNIA. CAP- out this section $40,000,000. Such sums shall re- of the affected local government. ITAL IMPROVEMENT PROJECT.— main available until expended. (h) CORPS OF ENGINEERS EXPENSES.—Ten per- (1) ESTABLISHMENT OF OFFICE.—The Secretary SEC. 131. SACRAMENTO AREA, CALIFORNIA. Sec- cent of the amounts appropriated to carry out shall establish a centralized office at the office tion 219(f)(23) of the Water Resources Develop- this section may be used by the Corps of Engi- of the district engineer, San Francisco, Cali- ment Act of 1992 (106 Stat. 4835–4836; 113 Stat. neers district offices to administer projects under fornia, for the use of all Federal and State 336) is amended by striking ‘‘$25,000,000’’ and this section at 100 percent Federal expense. agencies that are or will be involved in issuing inserting ‘‘$35,000,000’’. (i) AUTHORIZATION OF APPROPRIATIONS.— permits and conducting environmental reviews SEC. 132. UPPER KLAMATH BASIN, CALIFORNIA. There is authorized to be appropriated to carry for the capital improvement project to repair (a) DEFINITION OF UPPER KLAMATH BASIN.—In out this section $25,000,000. Such sums shall re- and upgrade the water supply and delivery sys- this section, the term ‘‘Upper Klamath Basin’’ main available until expended. tem for the city of San Francisco. means the counties of Klamath, Oregon, and SEC. 133. ADDITIONAL ASSISTANCE FOR CRIT- (2) CONTRIBUTIONS.—The Secretary may use Siskiyou and Modoc, California. ICAL PROJECTS. Section 219(f) of the Water Re- the authority under section 214 of the Water Re- (b) ESTABLISHMENT OF PROGRAM.—The Sec- sources Development Act of 1992 (106 Stat. 4835; sources Development Act of 2000 (33 U.S.C. 2201 retary of the Army may establish a program to 113 Stat. 335–337; 114 Stat. 2763A–220–221) is note) for the project described in paragraph (1). provide environmental assistance to non-Federal amended by adding at the end the following: (3) PROTECTION OF IMPARTIAL DECISION- interests in the Upper Klamath Basin. ‘‘(71) PLACER AND EL DORADO COUNTIES, CALI- MAKING.—In carrying out this section, the Sec- (c) FORM OF ASSISTANCE.—Assistance under FORNIA.—$35,000,000 to improve the efficiency retary and the heads of Federal agencies receiv- this section may be in the form of design and and use of existing water supplies in Placer and ing funds under such section 214 for the project construction assistance to improve the efficiency El Dorado Counties, California, through water described in paragraph (1) shall ensure that the and use of existing water supplies in the Upper and wastewater projects, programs, and infra- use of the funds accepted under such section for Klamath Basin through water and wastewater structure. such project will not impact impartial decision and ecosystem restoration projects, programs, ‘‘(72) LASSEN, PLUMAS, BUTTE, SIERRA, AND NE- making with respect to the issuance of permits, and infrastructure. VADA COUNTIES, CALIFORNIA.—$25,000,000 to im- either substantively or procedurally, or dimin- (d) OWNERSHIP REQUIREMENT.—The Secretary prove the efficiency and use of existing water ish, modify, or otherwise affect the statutory or may provide assistance for a project under this supplies in the counties of Lassen, Plumas, regulatory authorities of such agencies. section only if the project is publicly owned. Butte, Sierra, and Nevada, California, through SEC. 141. WOLF LAKE, INDIANA. The project for (e) PARTNERSHIP AGREEMENTS.— water and waste water projects, programs, and aquatic ecosystem restoration, Wolf Lake, Indi- (1) IN GENERAL.—Before providing assistance infrastructure.’’. ana, being carried out under section 206 of the under this section, the Secretary shall enter into SEC. 134. BRIDGE AUTHORIZATION. There is au- Water Resources Development Act of 1996 (33 a partnership agreement with a non-Federal in- thorized to be appropriated $30,000,000 for the U.S.C. 2330), is modified to direct the Secretary terest to provide for design and construction of construction of the permanent bridge described to credit toward the non-Federal share of the the project to be carried out with the assistance. in section 128(a). cost of the project the cost of planning, design, (2) REQUIREMENTS.—Each partnership agree- SEC. 135. Section 504(a)(2) of the Water Re- ment entered into under this subsection shall and construction work carried out by the non- sources Development Act of 1999 (113 Stat. 338) Federal interest before the date of the project provide for the following: is amended by striking ‘‘Kehly Run Dam’’ and (A) PLAN.—Development by the Secretary, in cooperation agreement for the project if the Sec- inserting ‘‘Kehly Run Dams’’. consultation with appropriate Federal and State retary determines that the work is integral to SEC. 136. The McClellan-Kerr Arkansas River the project. officials, of a facilities or resource protection navigation project, authorized under the com- and development plan, including appropriate SEC. 142. COOK COUNTY, ILLINOIS. The Sec- prehensive plan for the Arkansas River Basin retary of the Army is directed to credit up to engineering plans and specifications. by section 3 of the Act entitled ‘‘An Act author- (B) LEGAL AND INSTITUTIONAL STRUCTURES.— $80,000 for design work completed by non-Fed- izing the construction of certain public works on Establishment of such legal and institutional eral interests, prior to and after the signing of rivers and harbors for flood control, and for structures as are necessary to ensure the effec- the project cooperation agreement, toward the other purposes’’, approved June 28, 1938 (52 tive long-term operation of the project by the non-Federal share of the project for Calumet Stat. 1218) and section 10 of the Flood Control non-Federal interest. and Burr Oaks Schools Sewer Improvements, (3) COST SHARING.— Act of 1946 (60 Stat. 647) and where applicable Cook County, Illinois, authorized by section (A) IN GENERAL.—The Federal share of the the provisions of the River and Harbor Act of 219(f)(54) of the Water Resources Development project costs under each partnership agreement 1946 (60 Stat. 634) and modified by section 108 of Act of 1992 (Public Law 102–580, as amended), if entered into under this subsection shall be 75 the Energy and Water Development Appropria- the Secretary determines that the work is inte- percent. The Federal share may be in the form tions Act, 1988 (101 Stat. 1329–112), is further gral to the project. of grants or reimbursements of project costs. modified to authorize a project depth of 12 feet. SEC. 143. LOS ANGELES HARBOR, LOS ANGELES, (B) CREDIT FOR WORK.—The non-Federal in- SEC. 137. The Secretary shall provide credit to CALIFORNIA. The project for navigation, Los An- terests shall receive credit for the reasonable the non-Federal sponsor for preconstruction en- geles Harbor, Los Angeles, California, author- cost of design work on a project completed by gineering and design work performed by the ized by section 101(b)(5) of the Water Resources the non-Federal interest before entering into a non-Federal sponsor for the environmental Development Act of 2000 (114 Stat. 2577), is partnership agreement with the Secretary for dredging project at Ashtabula River, Ohio, prior modified to direct the Secretary to credit toward such project. to execution of a Project Cooperation Agree- the non-Federal share of the cost of the project (C) CREDIT FOR INTEREST.—In case of a delay ment. the cost of the planning, design, and construc- in the funding of the non-Federal share of a SEC. 138. GATEWAY POINT, NORTH TONA- tion work carried out by the non-Federal inter- project that is the subject of an agreement under WANDA, NEW YORK. The Secretary shall review est before the date of the partnership agreement this section, the non-Federal interest shall re- the shoreline stabilization, recreation, and pub- for the project if the Secretary determines the ceive credit for reasonable interest incurred in lic access components of the feasibility report for work is integral to the project. providing the non-Federal share of the project’s waterfront development at Gateway Point, SEC. 144. SAN LORENZO RIVER, CALIFORNIA. costs. North Tonawanda, New York, entitled ‘‘City of The project for flood control, San Lorenzo (D) LAND, EASEMENTS, AND RIGHTS-OF-WAY North Tonawanda, Gateway Point Feasibility’’, River, California, authorized by section CREDIT.—The non-Federal interest shall receive dated February 6, 2003, and prepared by the 101(a)(5) of the Water Resources Development credit for land, easements, rights-of-way, and non-Federal interest and, if the Secretary deter- Act of 1996 (110 Stat. 3663), is modified to direct relocations toward the non-Federal share of mines that those components meet the evalua- the Secretary to credit not more than $2,000,000 project costs (including all reasonable costs as- tion and design standards of the Corps of Engi- toward the non-Federal share of the cost of the sociated with obtaining permits necessary for neers and that the components are feasible, may project for the cost of the work carried out by the construction, operation, and maintenance of carry out the components at a Federal cost not the non-Federal interest before the date of the the project on publicly owned or controlled to exceed $3,300,000. project cooperation agreement for the project if land), but not to exceed 25 percent of total SEC. 139. CHICAGO RIVER AND HARBOR ILLI- the Secretary determines the work is integral to project costs. NOIS. Those portions of the projects for naviga- the project. (E) OPERATION AND MAINTENANCE.—The non- tion, Chicago River and Chicago Harbor, au- SEC. 145. CALUMET REGION, INDIANA. Section Federal share of operation and maintenance thorized by the River and Harbor Act of March 219(f)(12) of the Water Resources Development costs for projects constructed with assistance 3, 1899, (30 Stat. 1129) extending 50 feet Act of 1992 (113 Stat. 335) is amended— provided under this section shall be 100 percent. riverward of the existing dock wall on the south (1) by striking ‘‘$10,000,000’’ and inserting (f) APPLICABILITY OF OTHER FEDERAL AND side of the channel from Lake Street to Franklin ‘‘$30,000,000’’; and STATE LAWS.—Nothing in this section waives, Street and 25 feet riverward of the existing dock (2) by striking ‘‘Lake and Porter’’ and insert- limits, or otherwise affects the applicability of wall on the south side of the channel from ing ‘‘Benton, Jasper, Lake, Newton, and Por- any provision of Federal or State law that Franklin Street to Wabash Avenue, and those ter’’. would otherwise apply to a project to be carried areas within 20 feet of the bridge abutments on SEC. 146. The Secretary of the Army, acting out with assistance provided under this section. the south side of the channel for the length of through the Chief of Engineers, is authorized to

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.044 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11015 construct the project for flood control, Meramec to restore lake depths at Moss Lake, Louisiana, In addition, for necessary expenses incurred River Basin, Valley Park Levee, Missouri, origi- adjacent to the Calcasieu River and Pass chan- in carrying out related responsibilities of the nally authorized by Public Law 97–128 (95 Stat. nel at a total project cost of $2,500,000. Secretary of the Interior, $1,728,000, to remain 1682) and modified by section 1128 of WRDA SEC. 156. The project for navigation, Manatee available until expended. 1986 and section 333 of WRDA 1999, at a max- Harbor, Florida, authorized by section 202(a) of BUREAU OF RECLAMATION imum Federal expenditure of $50,000,000. the Water Resources Development Act of 1986 The following appropriations shall be ex- SEC. 147. The project for flood control, Saw (100 Stat. 4093), and modified by section 102(j) of pended to execute authorized functions of the Mill Run, Pennsylvania, authorized by section the Water Resources Development Act of 1990 Bureau of Reclamation: 401(a) of Public Law 99–662 (100 Stat. 4124) and (104 Stat. 4612), is further modified— WATER AND RELATED RESOURCES modified by section 301(a) of Public Law 104–303 (1) to include the construction of an extension (INCLUDING TRANSFER OF FUNDS) (110 Stat. 3708), is further modified to authorize of the south channel a distance of approxi- For management, development, and restora- the Secretary to carry out the project at a total mately 1584 feet consistent with the general re- tion of water and related natural resources and cost of $22,000,000, with an estimated Federal evaluation report, dated April 2002, prepared by for related activities, including the operation, cost of $16,500,000 and an estimated non-Federal the Jacksonville District Corps of Engineers, at maintenance, and rehabilitation of reclamation cost of $5,500,000. a total cost of $11,300,000, with an estimated and other facilities, participation in fulfilling SEC. 148. The project for flood control, Roa- Federal cost of $8,475,000 and an estimated non- related Federal responsibilities to Native Ameri- noke River Upper Basin, Virginia, authorized Federal cost of $2,825,000; cans, and related grants to, and cooperative and by section 401(a) of Public Law 99–662 (100 Stat. (2) to direct the Secretary to credit toward the other agreements with, State and local govern- 4126), is further modified to authorize the Sec- non-Federal share of the cost of the project the ments, Indian tribes, and others, $857,498,000, to retary to construct the project at a total cost of cost of in-kind services and materials provided remain available until expended, of which $61,700,000, with an estimated Federal cost of for the project by the non-Federal interest; $51,330,000 shall be available for transfer to the (3) to direct the Secretary to credit toward the $43,000,000 and an estimated non-Federal cost of Upper Colorado River Basin Fund and non-Federal share of the cost of the project the $18,700,000. $33,570,000 shall be available for transfer to the SEC. 149. The project for harbor deepening, cost of planning, design, and construction work Lower Colorado River Basin Development Fund; Brunswick Harbor, Georgia, authorized by sec- carried out by the non-Federal interest before of which such amounts as may be necessary tion 101(a)(19), Public Law 106–53, and amended the date of the partnership agreement for the may be advanced to the Colorado River Dam project if the Secretary determines that the work by the fiscal year 2003 Consolidated Appropria- Fund; and of which not more than $500,000 is is integral to the project; and tions Act, Public Law 108–7, is further modified for high priority projects which shall be carried (4) to authorize the Secretary to carry out the to authorize the Secretary to construct the out by the Youth Conservation Corps, as au- project as modified at a total cost of $61,500,000. project at a total cost of $96,276,000 with an esti- thorized by 16 U.S.C. 1706: Provided, That such mated Federal cost of $61,709,000 and an esti- SEC. 157. HARRIS GULLY, HARRIS COUNTY, transfers may be increased or decreased within TEXAS. mated non-Federal cost of $34,567,000. the overall appropriation under this heading: (a) STUDY.— SEC. 150. The project for flood control, Lacka- Provided further, That of the total appro- (1) IN GENERAL.—The Secretary shall conduct wanna River at Olyphant, Pennsylvania, au- priated, the amount for program activities that a study to determine the feasibility of carrying thorized by section 101(16) of Public Law 102–580 can be financed by the Reclamation Fund or the out a project for flood damage reduction in the (106 Stat. 4797), is modified to authorize the Sec- Bureau of Reclamation special fee account es- Harris Gully watershed, Harris County, Texas, retary to carry out the project at a total cost of tablished by 16 U.S.C. 460l–6a(i) shall be derived to provide flood protection for the Texas Med- $23,000,000, with an estimated Federal cost of from that Fund or account: Provided further, ical Center, Houston, Texas. $17,250,000 and an estimated non-Federal cost of That funds contributed under 43 U.S.C. 395 are (2) USE OF LOCAL STUDIES AND PLANS.—In $5,750,000. available until expended for the purposes for SEC. 151. PERRY CREEK, IOWA. The project for conducting the study, the Secretary shall use, to which contributed: Provided further, That flood protection, Perry Creek Flood Control the extent practicable, studies and plans devel- funds advanced under 43 U.S.C. 397a shall be Project, Sioux City, Iowa, authorized under sec- oped by the non-Federal interest if the Secretary credited to this account and are available until tion 401(a) of the Water Resources Development determines that such studies and plans meet the expended for the same purposes as the sums ap- Act of 1986, is modified to increase the project evaluation and design standards of the Corps of propriated under this heading: Provided fur- authorization to $96,870,000 (Federal cost of Engineers. ther, That funds available for expenditure for $58,677,000 and non-Federal cost of $38,193,000). (3) COMPLETION DATE.—The Secretary shall the Departmental Irrigation Drainage Program SEC. 152. ELIZABETH RIVER, CHESAPEAKE, VIR- complete the study by July 1, 2004. may be expended by the Bureau of Reclamation GINIA. Section 358 of Public Law 106–53 is modi- (b) CRITICAL FLOOD DAMAGE REDUCTION for site remediation on a non-reimbursable basis: fied by striking ‘‘September 30, 1999,’’ and in- MEASURES.—The Secretary may carry out crit- Provided further, That $1,000,000 is to be used serting ‘‘May 1, 1997,’’. ical flood damage reduction measures that the for completion of the Santa Fe wells project in SEC. 153. Section 219(f) of the Water Resources Secretary determines are feasible and that will Development Act of 1992 is amended by adding provide immediate and substantial flood damage New Mexico through a cooperative agreement at the end the following: reduction benefits in the Harris Gully water- with the City of Santa Fe: Provided further, ‘‘(71) $6,430,000 for environmental infrastruc- shed, at a Federal cost of $7,000,000. That $10,000,000 of the funds appropriated here- ture for Indianapolis, Indiana;’’. (c) CREDIT.—The Secretary shall credit toward in shall be deposited in the San Gabriel Basin SEC. 154. MISSISSIPPI RIVER AND BIG MUDDY the non-Federal share of the cost of the project Restoration Fund established by section 110 of RIVER, ILLINOIS. (a) IN GENERAL.—The project the cost of planning, design, and construction division B, title I of Public Law 106–554, as for flood control, Mississippi River and Big work carried out by the non-Federal interest be- amended: Provided further, That section 301 of Muddy River, Illinois, authorized by the Flood fore the date of the partnership agreement for Public Law 102–250, Reclamation States Emer- Control Act of 1938, is modified to authorize the the project if the Secretary determines that such gency Drought Relief Act of 1991, as amended, is Secretary to carry out repair and rehabilitation work is integral to the project. amended further by inserting ‘‘2003, and 2004’’ of the project at a total cost of $22,600,000, with (d) NONPROFIT ENTITY.—Notwithstanding sec- in lieu of ‘‘and 2003’’. an estimated Federal cost of $16,950,000 and an tion 221 of the Flood Control Act of 1970 (42 BUREAU OF RECLAMATION LOAN PROGRAM estimated non-Federal cost of $5,650,000, and to U.S.C. 1962d–5b), a nonprofit entity may, with ACCOUNT perform operation and maintenance of the the consent of the local government, serve as a For administrative expenses necessary to project thereafter. non-Federal interest for the project undertaken carry out the program for direct loans and/or (b) OTHER ASSISTANCE.—Federal assistance under this section. grants, $200,000, to remain available until ex- made available through the Department of Agri- SEC. 158. The Secretary may carry out the pended, of which the amount that can be fi- culture may be used toward payment of the Reach J, Segment 1, element of the project for nanced by the Reclamation Fund shall be de- non-Federal share of the costs of the repair and hurricane and storm damage reduction, rived from that fund. rehabilitation under this section. Morganza to the Gulf of Mexico, Louisiana, in CENTRAL VALLEY PROJECT RESTORATION FUND (c) UNITED STATES LANDS.—Costs under this accordance with the report of the Chief of Engi- For carrying out the programs, projects, section for the repair and rehabilitation allo- neers, dated August 23, 2002, and supplemental plans, and habitat restoration, improvement, cable to the protection of lands owned by the report dated July 22, 2003, at a total cost of and acquisition provisions of the Central Valley United States shall be a Federal responsibility. $4,000,000. Project Improvement Act, $39,600,000, to be de- The Secretary shall seek reimbursement from the TITLE II rived from such sums as may be collected in the Central Valley Project Restoration Fund pursu- Secretary of Agriculture for the costs allocated DEPARTMENT OF THE INTERIOR to protecting lands owned by the Department of ant to sections 3407(d), 3404(c)(3), 3405(f), and Agriculture. CENTRAL UTAH PROJECT 3406(c)(1) of Public Law 102–575, to remain (d) OPERATION AND MAINTENANCE OF NON- CENTRAL UTAH PROJECT COMPLETION ACCOUNT available until expended: Provided, That the FEDERAL LANDS.—The cost of operation and For carrying out activities authorized by the Bureau of Reclamation is directed to assess and maintenance under this section allocated to pro- Central Utah Project Completion Act, collect the full amount of the additional mitiga- tecting non-Federal lands shall be a non-Fed- $36,463,000, to remain available until expended, tion and restoration payments authorized by eral responsibility. of which $9,423,000 shall be deposited into the section 3407(d) of Public Law 102–575: Provided SEC. 155. MOSS LAKE, LOUISIANA. The Sec- Utah Reclamation Mitigation and Conservation further, That none of the funds made available retary of the Army, acting through the Chief of Account for use by the Utah Reclamation Miti- under this heading may be used for the acquisi- Engineers, is authorized to carry out a project gation and Conservation Commission. tion or leasing of water for in-stream purposes if

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.046 H07PT1 H11016 CONGRESSIONAL RECORD — HOUSE November 7, 2003 the water is already committed to in-stream pur- section 403(f) of the Colorado River Basin dangered Species Act Collaborative Program poses by a court adopted decree or order. Project Act (43 U.S.C. 1543(f)), no amount from Workgroup, is directed to establish an executive POLICY AND ADMINISTRATION the Lower Colorado River Basin Development committee of seven members consisting of— For necessary expenses of policy, administra- Fund shall be paid to the general fund of the (1) one member from the Bureau of Reclama- tion, and related functions in the office of the Treasury until each provision of the revised tion; Commissioner, the Denver office, and offices in Stipulation Regarding a Stay and for Ultimate (2) one member from the Fish and Wildlife the five regions of the Bureau of Reclamation, Judgment Upon the Satisfaction of Conditions, Service; and to remain available until expended, $55,525,000, filed in United States District Court on April 24, (3) one member at large representing each of to be derived from the Reclamation Fund and be 2003, in Central Arizona Water Conservation the following seven entities (selected at the dis- nonreimbursable as provided in 43 U.S.C. 377: District v. United States (No. CIV 95–625–TUC– cretion of the entity in consultation with the Provided, That no part of any other appropria- WDB (EHC), No. CIV 95–1720–OHX–EHC (Con- Bureau of Reclamation and the Fish and Wild- tion in this Act shall be available for activities solidated Action)), and any amendment or revi- life Service) currently participating as signato- or functions budgeted as policy and administra- sion thereof, is met. ries to the existing Memorandum of Under- tion expenses. (b) PAYMENT TO GENERAL FUND.—If any of standing: WORKING CAPITAL FUND the provisions of the stipulation referred to in (A) other Federal agencies; (B) State agencies; (RESCISSION) subsection (a) are not met by the date that is 10 (C) municipalities; From unobligated balances under this head- years after the date of enactment of this Act, payments to the general fund of the Treasury (D) universities and environmental groups; ing, $4,525,000 are rescinded. (E) agricultural communities; ADMINISTRATIVE PROVISION shall resume in accordance with section 403(f) of the Colorado River Basin Project Act (43 U.S.C. (F) Middle Rio Grande Pueblos (Sandia, Appropriations for the Bureau of Reclamation Isleta, San Felipe, Cochiti, Santa Ana, and shall be available for purchase of not to exceed 1543(f)). (c) AUTHORIZATION.—Amounts in the Lower Santo Domingo); and 14 passenger motor vehicles, of which 12 are for Colorado River Basin Development Fund that (G) Middle Rio Grande Conservancy District. replacement only. but for this section would be returned to the (b) Formation of this Committee shall not GENERAL PROVISIONS general fund of the Treasury shall not be ex- occur later than 45 days after enactment of this DEPARTMENT OF THE INTERIOR pended until further Act of Congress. Act. SEC. 201. (a) None of the funds appropriated SEC. 206. The second paragraph under the (c) Fiscal year 2004 appropriations shall not or otherwise made available by this Act may be heading ‘‘Administrative Provisions’’ in Public be obligated or expended prior to approval of a used to determine the final point of discharge Law 102–377 (43 U.S.C. 377b) is amended by in- detailed spending plan by the House and Senate for the interceptor drain for the San Luis Unit serting ‘‘, not to exceed $5,000,000 for each caus- Committees on Appropriations. until development by the Secretary of the Inte- al event giving rise to a claim or claims’’ after (d) The above section shall come into effect rior and the State of California of a plan, which ‘‘activities of the Bureau of Reclamation’’. within 180 days of enactment of this Act, unless shall conform to the water quality standards of SEC. 207. Funds under this title for Drought the Bureau of Reclamation, in consultation the State of California as approved by the Ad- Emergency Assistance shall be made available with the above listed parties, has provided an ministrator of the Environmental Protection primarily for leasing of water for specified alternative workgroup structure which has been Agency, to minimize any detrimental effect of drought related purposes from willing lessors, in approved by the House and Senate Committees the San Luis drainage waters. compliance with existing State laws and admin- on Appropriations. (b) The costs of the Kesterson Reservoir istered under State water priority allocation. SEC. 210. TULAROSA BASIN NATIONAL DESALI- Cleanup Program and the costs of the San Joa- Such leases may be entered into with an option NATION RESEARCH FACILITY. (a) DESALINATION quin Valley Drainage Program shall be classi- to purchase: Provided, That such purchase is DEMONSTRATION AND DEVELOPMENT.—Pursuant fied by the Secretary of the Interior as reimburs- approved by the State in which the purchase to section 4(a) of Public Law 104–298, 110 Stat. able or nonreimbursable and collected until takes place and the purchase does not cause 3622 (October 11, 1996), the Secretary may here- fully repaid pursuant to the ‘‘Cleanup Program- economic harm within the State in which the after conduct or contract for the design, con- Alternative Repayment Plan’’ and the ‘‘SJVDP– purchase is made. struction, testing and operation of the Tularosa Alternative Repayment Plan’’ described in the SEC. 208. (a) Notwithstanding any other provi- Basin National Desalination Research Facility. report entitled ‘‘Repayment Report, Kesterson sion of law, the Secretary of the Interior, acting (b) The Tularosa Basin National Desalination Reservoir Cleanup Program and San Joaquin through the Commissioner of the Bureau of Rec- Research Facility is hereafter exempt from all Valley Drainage Program, February 1995’’, pre- lamation, may not obligate funds appropriated provisions of section 7 of Public Law 104–298, pared by the Department of the Interior, Bureau for the current fiscal year or any prior Energy 110 Stat. 3622 (October 11, 1996). The Federal of Reclamation. Any future obligations of funds and Water Development Appropriations Act, or share of the cost of the Tularosa Basin National by the United States relating to, or providing funds otherwise made available to the Commis- Desalination Research Facility may be up to 100 for, drainage service or drainage studies for the sioner of the Bureau of Reclamation, and may percent, including the cost of design, construc- San Luis Unit shall be fully reimbursable by not use discretion, if any, to restrict, reduce or tion, operation, maintenance, repair and reha- San Luis Unit beneficiaries of such service or reallocate any water stored in Heron Reservoir bilitation. studies pursuant to Federal reclamation law. or delivered pursuant to San Juan-Chama SEC. 211. The Secretary of the Interior, in car- SEC. 202. None of the funds appropriated or Project contracts, including execution of said rying out CALFED-related activities, may un- otherwise made available by this or any other contracts facilitated by the Middle Rio Grande dertake feasibility studies for Sites Reservoir, Act may be used to pay the salaries and ex- Project, to meet the requirements of the Endan- Los Vaqueros Reservoir Enlargement, and penses of personnel to purchase or lease water gered Species Act, unless such water is acquired Upper San Joaquin Storage projects, hereafter. in the Middle Rio Grande or the Carlsbad or otherwise made available from a willing seller These storage studies should be pursued along Projects in New Mexico unless said purchase or or lessor and the use is in compliance with the with ongoing environmental and other projects lease is in compliance with the purchase re- laws of the State of New Mexico, including but in a balanced manner. quirements of section 202 of Public Law 106–60. not limited to, permitting requirements. SEC. 212. The Secretary of the Interior, acting SEC. 203. Subsection 206(b) of Public Law 101– (b) Complying with the reasonable and pru- through the Commissioner of the Bureau of Rec- 514 is amended as follows: In paragraph (1), dent alternatives and the incidental take limits lamation, is authorized to enter into grants, co- strike ‘‘, with annual quantities delivered under defined in the Biological Opinion released by operative agreements, and other agreements these contracts to be determined by the Sec- the United States Fish and Wildlife Service with irrigation or water districts to fund up to retary based upon the quantity of water actu- dated March 17, 2003 combined with efforts car- 50 percent of the cost of planning, designing, ally needed within the Sacramento County ried out pursuant to Public Law 106–377, Public and constructing improvements that will con- Water Agency service area and San Juan Subur- Law 107–66, and Public Law 108–7 fully meet all serve water, increase water use efficiency, or en- ban Water District after considering reasonable requirements of the Endangered Species Act (16 hance water management through measurement efforts to: (i) promote full utilization of existing U.S.C. 1531 et seq.) for the conservation of the or automation, at existing water supply projects water entitlements within Sacramento County; Rio Grande Silvery Minnow (Hybognathus within the states identified in the Act of June (ii) implement water conservation and metering amarus) and the Southwestern Willow 17, 1902, as amended, and supplemented: Pro- programs within the areas served by the con- Flycatcher (Empidonax trailii extimus) on the vided, That when such improvements are to tract; and (iii) implement programs to maximize Middle Rio Grande in New Mexico. Federally owned facilities, such funds may be to the extent feasible conjunctive use of surface (c) This section applies only to those Federal provided in advance on a non-reimbursable water and groundwater’’. agency and non-Federal actions addressed in basis to an entity operating affected transferred SEC. 204. The Secretary of the Interior is au- the March 17, 2003 Biological Opinion. works or may be deemed non-reimbursable for thorized and directed to amend the Central Val- (d) Subsection (b) will remain in effect for 2 non-transferred works: Provided further, That ley Project water supply contracts of the Sac- years following the implementation of this Act. the calculation of the non-Federal contribution ramento County Water Agency and the San SEC. 209. ENDANGERED SPECIES COLLABO- shall provide for consideration of the value of Juan Suburban Water District by deleting a pro- RATIVE PROGRAM. (a) Using funds previously any in-kind contributions, but shall not include vision requiring a determination of annual appropriated, the Secretary of the Interior, act- funds received from other Federal agencies: Pro- water needs included pursuant to section 206 of ing through the Commissioner of the Bureau of vided further, That the cost of operating and Public Law 101–514. Reclamation and the Director of the Fish and maintaining such improvements shall be the re- SEC. 205. LOWER COLORADO RIVER BASIN DE- Wildlife Service, for purposes of improving the sponsibility of the non-Federal entity: Provided VELOPMENT. (a) IN GENERAL.—Notwithstanding efficiency and expediting the efforts of the En- further, That this section shall not supercede

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.048 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11017 any existing project-specific funding authority. Justifications, PF–2B Schedules for construction sistance or other agreements as may be nec- The Secretary is also authorized to enter into of the Central Arizona Project. These funds essary to undertake such activities identified for grants or cooperative agreements with univer- shall be non-reimbursable Operation and Main- implementation (including construction) gen- sities or non-profit research institutions to fund tenance funds and shall not exceed amounts erally in accordance with section III of, and the water use efficiency research. projected for construction by these Indian tribes Pumping/Dam Removal Plan as defined in, SEC. 213. HAWAII WATER RESOURCES STUDY. as set forth in the Bureau of Reclamation’s PF– United States District Court Consent Decree The Hawaii Water Resources Act of 2000 (Public 2B Schedules that support the FY 2004 Budget ‘‘United States, et al., v. Grants Pass Irrigation Law 106–566; 114 Stat. 2818) is amended— Justifications for the Central Arizona Project. District, Civil No. 98–3034–HO’’ (August 27, (1) in section 103— SEC. 217. RESTORATION OF FISH AND WILDLIFE 2001). There are authorized to be appropriated (A) in subsection (b)(1), by striking ‘‘Not’’ and HABITAT, PROVISION OF BOTTLED WATER FOR such sums as may be necessary to carry out this all that follows through ‘‘the Secretary’’ and in- FALLON SCHOOLCHILDREN, AND ASSOCIATED provision, and activities conducted under this serting ‘‘The Secretary’’ and PROVISIONS. (a) IN GENERAL.—In carrying out provision shall be nonreimbursable and non- (B) in subsection (e), by striking ‘‘$300,000’’ section 2507 of Public Law 107–171, title II, sub- returnable. and all that follows and inserting ‘‘$2,000,000 for title F, the Secretary of Interior, acting through SEC. 221. EXTENSION OF CERTAIN IRRIGATION the Federal share of the activities authorized the Commissioner of Reclamation, shall— PROJECT CONTRACTS. Section 2 of the Irrigation under this section’’; and (1) Notwithstanding section 2507 (b) of Public Project Contract Extension Act of 1998 (112 Stat. (2) in section 104(b), by striking ‘‘cost-effec- Law 107–171, title II, subtitle F, and in accord- 2816, 114 Stat. 1441, 1441A–70) is amended— tive,’’ and all that follows and inserting ‘‘cost- ance with Public Law 101–618, provide $2,500,000 (1) in subsection (a), by striking ‘‘December effective.’’. to the State of Nevada to purchase water rights 31, 2003’’ and inserting ‘‘December 31, 2005’’; SEC. 214. Notwithstanding the provisions of from willing sellers and make necessary im- and title IV of Public Law 102–575 (106 Stat. 4648), provements to benefit Carson Lake and Pasture: (2) in subsection (b)— the contributions of the Western Area Power Provided, That such funds shall only be pro- (A) in the first sentence, by striking ‘‘beyond Administration to the Utah Reclamation Mitiga- vided by the Bureau of Reclamation when the December 31, 2003’’ and inserting ‘‘beyond De- tion and Conservation Account shall expire 10 title to Carson Lake and Pasture is conveyed to cember 31, 2005’’; and fiscal years from the date of enactment of this the State of Nevada. (B) in the second sentence, by striking ‘‘prior Act. Such contributions shall be from an ac- (2) As soon as practicable after enactment, to December 31, 2003’’ and inserting ‘‘before De- count established by the Western Area Power provide $133,000 to Families in Search of the cember 31, 2005’’. Administration for this purpose and such con- Truth, Fallon, Nevada, for the purchase of bot- TITLE III tributions shall be made available to the Utah tled water and costs associated with providing Reclamation Mitigation and Conservation Ac- such water to schoolchildren in Fallon-area DEPARTMENT OF ENERGY count subject to appropriations. After 10 fiscal schools. ENERGY PROGRAMS years from the date of enactment of this Act, the (3) In consultation with the Pershing County ENERGY SUPPLY Utah Reclamation Mitigation and Conservation Water Conservation District, the Commissioner For Department of Energy expenses including Commission is hereby authorized to utilize inter- shall expend $270,000 for the State of Nevada’s the purchase, construction, and acquisition of est earned and accrued to the Utah Reclamation costs associated with the National Environ- plant and capital equipment, and other ex- Mitigation and Conservation Account. mental Policy Act review of the Humboldt Title penses necessary for energy supply activities in SEC. 215. TUALATIN RIVER BASIN, OREGON. (a) Transfer: Provided, That notwithstanding Pub- carrying out the purposes of the Department of AUTHORIZATION TO CONDUCT FEASIBILITY lic Law 107–282, section 804(d)–(f), the State of Energy Organization Act (42 U.S.C. 7101 et STUDY.—The Secretary of the Interior may con- Nevada shall pay any other costs assigned to seq.), including the acquisition or condemnation duct a Tualatin River Basin water supply feasi- the State as an entity receiving title in Public of any real property or any facility or for plant bility study— Law 107–282, section 804(b)–(e) or due to any re- or facility acquisition, construction, or expan- (1) to identify ways to meet future water sup- conveyance under Public Law 107–282, section sion, and the purchase of not to exceed 12 pas- ply needs for agricultural, municipal, and in- 804(f), including any such National Environ- senger motor vehicles for replacement only, industrial uses; mental Policy Act costs that exceed the $270,000 cluding two buses; $737,537,000, to remain avail- (2) to identify water conservation and water expended by the Commissioner under this sub- able until expended. storage measures; paragraph. (3) to identify measures that would— (4) Provide $1,000,000 to the University of Ne- NON-DEFENSE SITE ACCELERATION COMPLETION (A) improve water quality; and vada, Reno’s Biodiversity initiative for public For Department of Energy expenses, including (B) enable environmental and species protec- education and associated technical assistance the purchase, construction, and acquisition of tion; and and outreach concerning the issues affecting the plant and capital equipment and other expenses (4) as appropriate, to evaluate integrated restoration of Walker Lake. necessary for non-defense environmental man- water resource management and supply needs in (b) ADMINISTRATION.—The Secretary of the agement site acceleration activities in carrying the Tualatin River Basin, Oregon. Interior, acting through the Commissioner of out the purposes of the Department of Energy (b) FEDERAL SHARE.—The Federal share of the Reclamation, may provide financial assistance Organization Act (42 U.S.C. 7101 et seq.), in- cost of the study conducted under subsection to State and local public agencies, Indian tribes, cluding the acquisition or condemnation of any (a)— nonprofit organizations, and individuals to real property or any facility or for plant or fa- (1) shall not exceed 50 percent; and carry out this section and section 2507 of Public cility acquisition, construction, or expansion, (2) shall be nonreimbursable and nonreturn- Law 107–171. $163,375,000, to remain available until expended. able. SEC. 218. The Secretary of the Interior shall NON-DEFENSE ENVIRONMENTAL SERVICES (c) ACTIVITIES.—No activity carried out under extend the term of the Sacramento River Settle- this section shall be considered a supplemental ment Contracts, long- and short-form, entered For Department of Energy expenses necessary or additional benefit under Federal reclamation into by the United States with various districts for non-defense environmental services activities law (the Act of June 17, 1902 (32 Stat. 388, chap- and individuals, section 14 of the Reclamation conducted as a result of nuclear energy research ter 1093), and Acts supplemental to and amend- Project Act of 1939 (53 Stat. 1197), for a period and development activities that indirectly sup- atory of that Act (43 U.S.C. 371 et seq.)). of 2 additional years after the date on which port the accelerated cleanup and closure mission (d) FUNDING.— each of the contracts, respectively, would expire at environmental management sites, as well as (1) AUTHORIZATION OF APPROPRIATIONS.— but for this section, or until renewal contracts new work scope transferred to the Environ- There is authorized to be appropriated to carry are executed, whichever occurs earlier. mental Management program, including the out this section $2,900,000, to remain available SEC. 219. (a) Section 1(b) of Public Law 105– purchase, construction, and acquisition of plant until expended. 295 (112 Stat. 2820) is amended by striking the and capital equipment and other necessary ex- SEC. 216. FACILITATION OF INDIAN WATER second sentence and inserting the following: penses, $339,468,000, to remain available until RIGHTS IN ARIZONA. In order to facilitate Indian ‘‘The Federal share of the costs of constructing expended. water rights settlements in the State of Arizona, the temperature control device and associated URANIUM ENRICHMENT DECONTAMINATION AND the Secretary may: temperature monitoring facilities shall be 50 per- DECOMMISSIONING FUND (1) Extend, on an annual basis, the repayment cent and shall be nonreimbursable. The tem- For necessary expenses in carrying out ura- schedule of debt incurred under section 9(d) of perature control device and associated tempera- nium enrichment facility decontamination and the Act of August 4, 1939 (43 U.S.C 485h(d)) by ture monitoring facilities shall be operated by decommissioning, remedial actions, and other irrigation districts who have contracts for water the non-Federal facility owner at its expense in activities of title II of the Atomic Energy Act of delivery from the Central Arizona Project. coordination with the Central Valley Project for 1954 and title X, subtitle A, of the Energy Policy (2) If requested by either the Gila River In- the benefit and propagation of Chinook salmon Act of 1992, $416,484,000, to be derived from the dian Community or the San Carlos Apache and steelhead trout in the American River, Cali- Fund, to remain available until expended, of Tribe, utilize appropriated funds transferred fornia.’’. which $51,000,000 shall be available in accord- into the Lower Colorado River Basin Develop- (b) Section 1(c) of Public Law 105–295 (112 ance with title X, subtitle A, of the Energy Pol- ment Fund for construction of Indian Distribu- Stat. 2820) is amended by striking ‘‘$1,000,000’’ icy Act of 1992. tion systems to assist in the partial funding of and inserting ‘‘$3,500,000’’. costs associated with the on-reservation delivery SEC. 220. Not subject to fiscal year limitation, SCIENCE of CAP water to these Indian tribes as set forth the Secretary of the Interior is hereafter author- For Department of Energy expenses including in the Bureau of Reclamation’s FY 2004 Budget ized to implement, and enter into financial as- the purchase, construction and acquisition of

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.050 H07PT1 H11018 CONGRESSIONAL RECORD — HOUSE November 7, 2003 plant and capital equipment, and other ex- made available under this heading in this fiscal amended, including the acquisition of real prop- penses necessary for science activities in car- year with a current estimated cost of less than erty or facility construction or expansion, rying out the purposes of the Department of En- $10,000,000 is considered for purposes of section $390,000,000, to remain available until expended. ergy Organization Act (42 U.S.C. 7101 et seq.), 3622 of Public Law 107–314 as a plant project for POWER MARKETING ADMINISTRATIONS including the acquisition or condemnation of which the approved total estimated cost does not BONNEVILLE POWER ADMINISTRATION FUND any real property or facility or for plant or fa- exceed the minor construction threshold and for Expenditures from the Bonneville Power Ad- cility acquisition, construction, or expansion, purposes of section 3623 of Public Law 107–314 ministration Fund, established pursuant to Pub- and purchase of not to exceed 15 passenger as a construction project with a current esti- lic Law 93–454, are approved for official recep- motor vehicles for replacement only, including mated cost of less than the minor construction tion and representation expenses in an amount not to exceed one ambulance, $3,451,700,000, to threshold. not to exceed $1,500. During fiscal year 2004, no remain available until expended. DEFENSE NUCLEAR NONPROLIFERATION new direct loan obligations may be made. NUCLEAR WASTE DISPOSAL For Department of Energy expenses, including OPERATION AND MAINTENANCE, SOUTHEASTERN For nuclear waste disposal activities to carry the purchase, construction and acquisition of POWER ADMINISTRATION out the purposes of Public Law 97–425, as plant and capital equipment and other inci- For necessary expenses of operation and amended, including the acquisition of real prop- dental expenses necessary for atomic energy de- maintenance of power transmission facilities erty or facility construction or expansion, fense, defense nuclear nonproliferation activi- and of marketing electric power and energy, in- $190,000,000, to remain available until expended ties, in carrying out the purposes of the Depart- cluding transmission wheeling and ancillary and to be derived from the Nuclear Waste Fund: ment of Energy Organization Act (42 U.S.C. 7101 services, pursuant to the provisions of section 5 Provided, That none of the funds provided here- et seq.), including the acquisition or condemna- of the Flood Control Act of 1944 (16 U.S.C. 825s), in may be used for international travel. tion of any real property or any facility or for as applied to the southeastern power area, DEPARTMENTAL ADMINISTRATION plant or facility acquisition, construction, or ex- $5,100,000, to remain available until expended; pansion, $1,327,612,000, to remain available until (INCLUDING TRANSFER OF FUNDS) in addition, notwithstanding the provisions of expended. For salaries and expenses of the Department 31 U.S.C. 3302, up to $19,000,000 collected by the NAVAL REACTORS of Energy necessary for departmental adminis- Southeastern Power Administration pursuant to tration in carrying out the purposes of the De- For Department of Energy expenses necessary the Flood Control Act to recover purchase power partment of Energy Organization Act (42 U.S.C. for naval reactors activities to carry out the De- and wheeling expenses shall be credited to this 7101 et seq.), including the hire of passenger partment of Energy Organization Act (42 U.S.C. account as offsetting collections, to remain motor vehicles and official reception and rep- 7101 et seq.), including the acquisition (by pur- available until expended for the sole purpose of resentation expenses (not to exceed $35,000), chase, condemnation, construction, or other- making purchase power and wheeling expendi- $216,533,000, to remain available until expended, wise) of real property, plant, and capital equip- tures. plus such additional amounts as necessary to ment, facilities, and facility expansion, and the OPERATION AND MAINTENANCE, SOUTHWESTERN cover increases in the estimated amount of cost purchase of not to exceed one bus; $766,400,000, POWER ADMINISTRATION of work for others notwithstanding the provi- to remain available until expended. For necessary expenses of operation and sions of the Anti-Deficiency Act (31 U.S.C. 1511 OFFICE OF THE ADMINISTRATOR maintenance of power transmission facilities et seq.): Provided, That such increases in cost of For necessary expenses of the Office of the and of marketing electric power and energy, for work are offset by revenue increases of the same Administrator in the National Nuclear Security construction and acquisition of transmission or greater amount, to remain available until ex- Administration, including official reception and lines, substations and appurtenant facilities, pended: Provided further, That moneys received representation expenses (not to exceed $12,000), and for administrative expenses, including offi- by the Department for miscellaneous revenues $339,980,000, to remain available until expended. cial reception and representation expenses in an estimated to total $123,000,000 in fiscal year 2004 ENVIRONMENTAL AND OTHER DEFENSE amount not to exceed $1,500 in carrying out the may be retained and used for operating expenses ACTIVITIES provisions of section 5 of the Flood Control Act within this account, and may remain available DEFENSE SITE ACCELERATION COMPLETION of 1944 (16 U.S.C. 825s), as applied to the south- until expended, as authorized by section 201 of For Department of Energy expenses, including western power area, $28,600,000, to remain avail- Public Law 95–238, notwithstanding the provi- the purchase, construction, and acquisition of able until expended: Provided, That, notwith- sions of 31 U.S.C. 3302: Provided further, That plant and capital equipment and other expenses standing the provisions of 31 U.S.C. 3302, up to the sum herein appropriated shall be reduced by necessary for atomic energy defense site accel- $1,512,000 collected by the Southwestern Power the amount of miscellaneous revenues received eration completion activities in carrying out the Administration pursuant to the Flood Control during fiscal year 2004, and any related unap- purposes of the Department of Energy Organi- Act to recover purchase power and wheeling ex- propriated receipt account balances remaining zation Act (42 U.S.C. 7101 et seq.), including the penses shall be credited to this account as off- from prior years’ miscellaneous revenues, so as acquisition or condemnation of any real prop- setting collections, to remain available until ex- to result in a final fiscal year 2004 appropriation erty or any facility or for plant or facility acqui- pended for the sole purpose of making purchase from the general fund estimated at not more sition, construction, or expansion; power and wheeling expenditures; in addition, than $93,533,000. $5,651,062,000, to remain available until ex- notwithstanding 31 U.S.C. 3302, beginning in OFFICE OF THE INSPECTOR GENERAL pended: Provided, That the Secretary of Energy fiscal year 2004 and thereafter, such funds as For necessary expenses of the Office of the In- is directed to use $1,000,000 of the funds pro- are received by the Southwestern Power Admin- spector General in carrying out the provisions of vided for regulatory and technical assistance to istration from any State, municipality, corpora- the Inspector General Act of 1978, as amended, the State of New Mexico, to amend the existing tion, association, firm, district, or individual as $39,462,000, to remain available until expended. WIPP Hazardous Waste Permit to comply with advance payment for work that is associated the provisions of section 310 of this Act. with Southwestern’s transmission facilities, con- ATOMIC ENERGY DEFENSE ACTIVITIES sistent with that authorized in section 5 of the DEFENSE ENVIRONMENTAL SERVICES NATIONAL NUCLEAR SECURITY ADMINISTRATION Flood Control Act, shall be credited to this ac- WEAPONS ACTIVITIES For Department of Energy expenses necessary count and be available until expended. for defense-related environmental services ac- CONSTRUCTION, REHABILITATION, OPERATION For Department of Energy expenses, including tivities that indirectly support the accelerated AND MAINTENANCE, WESTERN AREA POWER the purchase, construction, and acquisition of cleanup and closure mission at environmental ADMINISTRATION plant and capital equipment and other inci- management sites, including the purchase, con- dental expenses necessary for atomic energy destruction, and acquisition of plant and capital For carrying out the functions authorized by fense weapons activities in carrying out the pur- equipment and other necessary expenses, and title III, section 302(a)(1)(E) of the Act of Au- poses of the Department of Energy Organization the purchase of not to exceed one ambulance for gust 4, 1977 (42 U.S.C. 7152), and other related Act (42 U.S.C. 7101 et seq.), including the acqui- replacement only, $991,144,000, to remain avail- activities including conservation and renewable sition or condemnation of any real property or able until expended. resources programs as authorized, including of- any facility or for plant or facility acquisition, ficial reception and representation expenses in OTHER DEFENSE ACTIVITIES construction, or expansion; one fixed wing air- an amount not to exceed $1,500, $177,950,000, to craft for replacement only; and the purchase of For Department of Energy expenses, including remain available until expended, of which not to exceed six passenger motor vehicles, of the purchase, construction, and acquisition of $167,236,000 shall be derived from the Depart- which four shall be for replacement only, in- plant and capital equipment and other expenses ment of the Interior Reclamation Fund: Pro- cluding not to exceed two buses; $6,272,511,000, necessary for atomic energy defense, other de- vided, That of the amount herein appropriated, to remain available until expended: Provided, fense activities, in carrying out the purposes of $6,200,000 is for deposit into the Utah Reclama- That $87,000,000 is authorized to be appro- the Department of Energy Organization Act (42 tion Mitigation and Conservation Account pur- priated for Project 01–D–108, Microsystems and U.S.C. 7101 et seq.), including the acquisition or suant to title IV of the Reclamation Projects Au- engineering sciences applications (MESA), condemnation of any real property or any facil- thorization and Adjustment Act of 1992: Pro- Sandia National Laboratories, Albuquerque, ity or for plant or facility acquisition, construc- vided further, That notwithstanding the provi- New Mexico: Provided further, That $3,564,000 is tion, or expansion, $674,491,000, to remain avail- sion of 31 U.S.C. 3302, up to $162,108,000 col- authorized to be appropriated for Project 04–D– able until expended. lected by the Western Area Power Administra- 103, Project engineering and design (PED), var- DEFENSE NUCLEAR WASTE DISPOSAL tion pursuant to the Flood Control Act of 1944 ious locations: Provided further, That a plant or For nuclear waste disposal activities to carry and the Reclamation Project Act of 1939 to reconstruction project for which amounts are out the purposes of Public Law 97–425, as cover purchase power and wheeling expenses

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shall be credited to this account as offsetting petitively a new contract, to provide continuity SEC. 308. The Administrator of the National collections, to remain available until expended of service between contracts, or to complete a Nuclear Security Administration may authorize for the sole purpose of making purchase power contract that will not be renewed. the manager of a covered nuclear weapons re- and wheeling expenditures: Provided further, (b) In this section: search, development, testing or production facil- That the $750,000 that is made available under (1) The term ‘‘noncompetitive management ity to engage in research, development, and this heading for a transmission study on the and operating contract’’ means a contract that demonstration activities with respect to the en- placement of 500 megawatt wind energy in was awarded more than 50 years ago without gineering and manufacturing capabilities at North Dakota and South Dakota may be non- competition for the management and operation such facility in order to maintain and enhance reimbursable: Provided further, That, in accord- of Ames Laboratory, Argonne National Labora- such capabilities at such facility: Provided, ance with section 203 of the Colorado River tory, Lawrence Berkeley National Laboratory, That of the amount allocated to a covered nu- Basin Salinity Control Act (43 U.S.C. 1593), elec- Lawrence Livermore National Laboratory, and clear weapons facility each fiscal year from trical power supply and delivery assistance may Los Alamos National Laboratory. amounts available to the Department of Energy be provided to the local distribution utility as (2) The term ‘‘competitive procedures’’ has the for such fiscal year for national security pro- required to maintain proper voltage levels at the meaning provided in section 4 of the Office of grams, not more than an amount equal to 2 per- Big Sandy River Diffuse Source Control Unit. Federal Procurement Policy Act (41 U.S.C. 403) cent of such amount may be used for these ac- and includes procedures described in section 303 FALCON AND AMISTAD OPERATING AND tivities: Provided further, That for purposes of of the Federal Property and Administrative MAINTENANCE FUND this section, the term ‘‘covered nuclear weapons Services Act of 1949 (41 U.S.C. 253) other than a facility’’ means the following: For operation, maintenance, and emergency procedure that solicits a proposal from only one (1) the Kansas City Plant, Kansas City, Mis- costs for the hydroelectric facilities at the Fal- source. souri; con and Amistad Dams, $2,640,000, to remain SEC. 302. None of the funds appropriated by (2) the Y–12 Plant, Oak Ridge, Tennessee; available until expended, and to be derived from this Act may be used to— (3) the Pantex Plant, Amarillo, Texas; the Falcon and Amistad Operating and Mainte- (1) develop or implement a workforce restruc- (4) the Savannah River Plant, South Caro- nance Fund of the Western Area Power Admin- turing plan that covers employees of the Depart- lina; and istration, as provided in section 423 of the For- ment of Energy; or (5) the Nevada Test Site. eign Relations Authorization Act, Fiscal Years (2) provide enhanced severance payments or SEC. 309. Funds appropriated by this or any 1994 and 1995. other benefits for employees of the Department other Act, or made available by the transfer of FEDERAL ENERGY REGULATORY COMMISSION of Energy, under section 3161 of the National funds in this Act, for intelligence activities are Defense Authorization Act for Fiscal Year 1993 SALARIES AND EXPENSES deemed to be specifically authorized by the Con- (Public Law 102–484; 42 U.S.C. 7274h). gress for purposes of section 504 of the National For necessary expenses of the Federal Energy SEC. 303. None of the funds appropriated by Security Act of 1947 (50 U.S.C. 414) during fiscal Regulatory Commission to carry out the provi- this Act may be used to augment the $13,400,000 year 2004 until the enactment of the Intelligence sions of the Department of Energy Organization made available for obligation by this Act for sev- Authorization Act for fiscal year 2004. Act (42 U.S.C. 7101 et seq.), including services as erance payments and other benefits and commu- SEC. 310. None of the funds in this Act may be authorized by 5 U.S.C. 3109, the hire of pas- nity assistance grants under section 3161 of the used to dispose of transuranic waste in the senger motor vehicles, and official reception and National Defense Authorization Act for Fiscal Waste Isolation Pilot Plant which contains con- representation expenses (not to exceed $3,000), Year 1993 (Public Law 102–484; 42 U.S.C. 7274h) centrations of plutonium in excess of 20 percent $204,400,000, to remain available until expended: unless the Department of Energy submits a re- by weight for the aggregate of any material cat- Provided, That notwithstanding any other pro- programming request subject to approval by the egory on the date of enactment of this Act, or is vision of law, not to exceed $204,400,000 of reve- appropriate congressional committees. generated after such date. For the purposes of nues from fees and annual charges, and other SEC. 304. None of the funds appropriated by this section, the material categories of trans- services and collections in fiscal year 2004 shall this Act may be used to prepare or initiate Re- uranic waste at the Rocky Flats Environmental be retained and used for necessary expenses in quests For Proposals (RFPs) for a program if Technology Site include: (1) ash residues; (2) this account, and shall remain available until the program has not been funded by Congress. salt residues; (3) wet residues; (4) direct repack- expended: Provided further, That the sum here- (TRANSFERS OF UNEXPENDED BALANCES) age residues; and (5) scrub alloy as referenced in in appropriated from the general fund shall be SEC. 305. The unexpended balances of prior the ‘‘Final Environmental Impact Statement on reduced as revenues are received during fiscal appropriations provided for activities in this Act Management of Certain Plutonium Residues year 2004 so as to result in a final fiscal year may be transferred to appropriation accounts and Scrub Alloy Stored at the Rocky Flats Envi- 2004 appropriation from the general fund esti- for such activities established pursuant to this ronmental Technology Site’’. mated at not more than $0. title. Balances so transferred may be merged SEC. 311. (a) The Secretary of Energy is di- DEFENSE ENVIRONMENTAL MANAGEMENT with funds in the applicable established ac- rected to file a permit modification to the Waste PRIVATIZATION counts and thereafter may be accounted for as Analysis Plan (WAP) and associated provisions (RESCISSION) one fund for the same time period as originally contained in the Hazardous Waste Facility Per- Of the funds appropriated in prior Energy enacted. mit for the Waste Isolation Pilot Plant (WIPP). and Water Development Appropriation Acts, SEC. 306. None of the funds in this or any For purposes of determining compliance of the $15,329,000 of unexpended balances of prior ap- other Act for the Administrator of the Bonne- modifications to the WAP with the hazardous propriations are rescinded: Provided, That ville Power Administration may be used to enter waste analysis requirements of the Solid Waste $13,329,000 shall be derived from the Paducah into any agreement to perform energy efficiency Disposal Act (42 U.S.C. 6901 et seq.), or other Disposal Facility Privatization (OR–574) and services outside the legally defined Bonneville applicable laws waste confirmation for all waste $2,000,000 shall be derived from the Portsmouth service territory, with the exception of services received for storage and disposal shall be limited Disposal Facility Privatization (OR–674). provided internationally, including services pro- to; (1) confirmation that the waste contains no vided on a reimbursable basis, unless the Ad- GENERAL PROVISIONS ignitable, corrosive, or reactive waste through ministrator certifies in advance that such serv- the use of either radiography or visual examina- DEPARTMENT OF ENERGY ices are not available from private sector busi- tion of a statistically representative subpopula- SEC. 301. (a)(1) None of the funds in this or nesses. tion of the waste; and (2) review of the Waste any other appropriations Act for fiscal year 2004 SEC. 307. When the Department of Energy Stream Profile Form to verify that the waste or any previous fiscal year may be used to make makes a user facility available to universities contains no ignitable, corrosive, or reactive payments for a noncompetitive management and and other potential users, or seeks input from waste and that assigned Environmental Protec- operating contract unless the Secretary of En- universities and other potential users regarding tion Agency hazardous waste numbers are al- ergy, not later than 60 days after the date of the significant characteristics or equipment in a lowed for storage and disposal by the WIPP enactment of this Act, publishes in the Federal user facility or a proposed user facility, the De- Hazardous Waste Facility Permit. Register and submits to the Committees on Ap- partment shall ensure broad public notice of (b) Compliance with the disposal room per- propriations of the House of Representatives such availability or such need for input to uni- formance standards of the WAP shall be dem- and the Senate a written notification, with re- versities and other potential users. When the onstrated exclusively by monitoring airborne spect to each such contract, of the Secretary’s Department of Energy considers the participa- volatile organic compounds in underground dis- decision to use competitive procedures for the tion of a university or other potential user as a posal rooms in which waste has been emplaced award of the contract, or to not renew the con- formal partner in the establishment or operation until panel closure. tract, when the term of the contract expires. of a user facility, the Department shall employ SEC. 312. Notwithstanding any other provision (2) Notwithstanding paragraph (1), the Sec- full and open competition in selecting such a of law, the material in the concrete silos at the retary of Energy may use appropriated funds to partner. For purposes of this section, the term Fernald uranium processing facility currently maintain operations of noncompetitive manage- ‘‘user facility’’ includes, but is not limited to: (1) managed by the Department of Energy and the ment and operating contracts as necessary dur- a user facility as described in section 2203(a)(2) ore processing residual materials in the Niagara ing the 60-day period beginning on the date of of the Energy Policy Act of 1992 (42 U.S.C. Falls Storage Site subsurface waste containment the enactment of this Act. 13503(a)(2)); (2) a National Nuclear Security Ad- structure managed by the United States Army (3) Paragraph (1) does not apply to an exten- ministration Defense Programs Technology De- Corps of Engineers under the Formerly Utilized sion for up to 2 years of a noncompetitive man- ployment Center/User Facility; and (3) any Sites Remedial Action Program shall be consid- agement and operating contract, if the extension other Departmental facility designated by the ered ‘‘byproduct material’’ as defined by section is for purposes of allowing time to award com- Department as a user facility. 11e.(2) of the Atomic Energy Act of 1954, as

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.053 H07PT1 H11020 CONGRESSIONAL RECORD — HOUSE November 7, 2003 amended (42 U.S.C. 2014(e)(2)). The Nuclear visitation guidelines with respect to such issues Public Utility Regulatory Policies Act of 1978 (16 Regulatory Commission or an Agreement State, as firearms, alcoholic beverages, and controlled U.S.C. 2702, 2703) or similar programs for the re- as appropriate, shall regulate the material as substances and conduct consistent with the his- imbursement of the costs of any feasibility stud- ‘‘11e.(2) by-product material’’ for the purpose of toric nature of the resource, and to protect pub- ies and project costs incurred during the period disposition of the material in an NRC-regulated lic health and safety. beginning on January 1, 2001 and ending on De- or Agreement State-regulated facility. (F) NO ABRIDGEMENT.—The lease shall not be cember 31, 2006. SEC. 313. No funds appropriated or otherwise subject to abridgement, modification, termi- (f) ENERGY CREDITS.—Any power produced by made available under this title under the head- nation, or other taking in the event any sur- the project shall be deemed to be incremental ing ‘‘ATOMIC ENERGY DEFENSE ACTIVI- rounding area is subsequently designated as a hydropower for purposes of qualifying for en- TIES’’ may be obligated or expended for addi- wilderness or other protected areas. The lease ergy credits or similar benefits. tional and exploratory studies under the Ad- shall contain a provision limiting the ability of SEC. 316. Of the funds made available in this vanced Concepts Initiative until 30 days after the Secretary from administratively placing Act for Defense Environmental Services, the date on which the Administrator for Nuclear Martin’s Cove in a restricted land management $1,000,000 shall be provided to the State of Ne- Security submits to Congress a detailed report status such as a Wilderness Study Area. vada solely for expenditures, other than salaries on the planned activities for additional and ex- (G) RIGHT OF FIRST REFUSAL.—The Corpora- and expenses of State employees, to conduct sci- ploratory studies under the initiative for fiscal tion shall be granted a right of first refusal to entific oversight responsibilities and participate year 2004. The report shall be submitted in un- lease or otherwise manage Martin’s Cove in the in licensing activities pursuant to the Nuclear classified form, but may include a classified event the Secretary proposes to lease or transfer Waste Policy Act of 1982, Public Law 97–425, as annex. control or title of the land to another party. amended: Provided, That $4,000,000 shall be pro- SEC. 314. MARTIN’S COVE LEASE. (a) DEFINI- (H) FAIR MARKET VALUE LEASE PAYMENTS.— vided to affected units of local governments, as TIONS.—In this section: The Corporation shall make lease payments defined in Public Law 97–425, to conduct appro- (1) BUREAU OF LAND MANAGEMENT.—The term which reflect the fair market rental value of the priate activities pursuant to the Act: Provided ‘‘Bureau of Land Management’’, hereafter republic lands to be leased, provided however, further, That the distribution of the funds as ferred to as the ‘‘BLM’’, means an agency of the such lease payments shall be offset by value of determined by the units of local government Department of the Interior. the public easements granted by the Corporation shall be approved by the Department of Energy: (2) CORPORATION.—The term ‘‘Corporation’’ to the Secretary across private lands owned by Provided further, That the funds for the State means the Corporation of the Presiding Bishop the Corporation for access to Martin’s Cove and of Nevada shall be made available solely to the of The Church of Jesus Christ of Latter-day Devil’s Gate. Nevada Division of Emergency Management by Saints, located at 50 East North Temple Street, (I) RENEWAL.—The Secretary may offer to direct payment and units of local government by Salt Lake City, Utah. renew such lease on terms which are mutually direct payment: Provided further, That within (3) MARTIN’S COVE.—The term ‘‘Martin’s acceptable to the parties. 90 days of the completion of each Federal fiscal Cove’’ means the area, consisting of approxi- (c) MINERAL WITHDRAWAL.—The Secretary year, the Nevada Division of Emergency Man- mately 940 acres of public lands in Natrona shall retain the subsurface mineral estate under agement and the Governor of the State of Ne- County, Wyoming as depicted on the Martin’s the 940 acres under the leasehold. The 940 acres vada and each local entity shall provide certifi- Cove map numbered MC–001. described in subsection (a)(3) are hereby with- cation to the Department of Energy that all (4) SECRETARY.—The term ‘‘Secretary’’ means drawn from mining location and from all forms funds expended from such payments have been the Secretary of the Interior. of entry, appropriation, and disposal under the expended for activities authorized by Public (b) LEASE.— public land laws. Law 97–425 and this Act. Failure to provide (1) IN GENERAL.—Not later than 120 days after (d) NO PRECEDENT SET.—This Act does not set such certification shall cause such entity to be the date of enactment of this Act, the Secretary a precedent for the terms and conditions of prohibited from any further funding provided shall enter into an agreement with the Corpora- leases between or among private entities and the for similar activities: Provided further, That tion to lease, for a term of 25 years, approxi- United States. none of the funds herein appropriated may be: mately 940 acres of Federal land depicted on the (e) VALID AND EXISTING RIGHTS.—The Lease Martin’s Cove map MC–001. The Corporation provided for under this section shall be subject (1) used directly or indirectly to influence legis- shall retain the right of ingress and egress in, to valid existing rights with respect to any lease, lative action on any matter pending before Con- from and to any part of the leasehold for its use right-of-way, permit, or other valid existing gress or a State legislature or for lobbying activ- and management as an important historical site. rights to which the property is subject. ity as provided in 18 U.S.C. 1913; (2) used for (2) TERMS AND CONDITIONS.— (f) AVAILABILITY OF MAP.—The Secretary litigation expenses; or (3) used to support multi- (A) SURVEY.—As a condition of the agreement shall keep the map identified in this section on State efforts or other coalition building activi- under paragraph (1), the Corporation shall profile and available for public inspection in the ties inconsistent with the restrictions contained vide a boundary survey to the Secretary, accept- Casper District Office of the BLM in Wyoming in this Act: Provided further, That all proceeds able to the Corporation and the Secretary, of and the State Office of the BLM, Cheyenne, and recoveries realized by the Secretary in car- the parcels of land to be leased under paragraph Wyoming. rying out activities authorized by the Nuclear (1). (g) NEPA COMPLIANCE.—The Secretary shall Waste Policy Act of 1982, Public Law 97–425, as (B) ACCESS.— comply with the provisions of the National En- amended, including but not limited to, any pro- (i) IN GENERAL.—The Secretary and the Cor- vironmental Policy Act of 1969 (42 U.S.C. 4321 et ceeds from the sale of assets, shall be available poration shall enter into a lease covenant, bind- seq.) in carrying out this section. without further appropriation and shall remain ing on any successor or assignee that ensures SEC. 315. REINSTATEMENT AND TRANSFER OF available until expended. that, consistent with the historic purposes of the THE FEDERAL LICENSE FOR PROJECT NO. 2696. TITLE IV site, public access will be provided across private (a) DEFINITIONS.— INDEPENDENT AGENCIES land owned by the Corporation to Martin’s Cove (1) COMMISSION.—The term ‘‘Commission’’ and Devil’s Gate. Access shall— means the Federal Energy Regulatory Commis- APPALACHIAN REGIONAL COMMISSION (I) ensure public visitation for historic, edu- sion. For expenses necessary to carry out the pro- cational and scenic purposes through private (2) TOWN.—The term ‘‘town’’ means the town grams authorized by the Appalachian Regional lands owned by the Corporation to Martin’s of Stuyvesant, New York, the holder of Federal Development Act of 1965, as amended, for nec- Cove and Devil’s Gate; Energy Regulatory Commission Preliminary Per- essary expenses for the Federal Co-Chairman (II) provide for public education, ecologic and mit No. 11787. and the alternate on the Appalachian Regional preservation at the Martin’s Cove site; (b) REINSTATEMENT AND TRANSFER.—Notwith- Commission, for payment of the Federal share of (III) be provided to the public without charge; standing section 8 of the Federal Power Act (16 the administrative expenses of the Commission, and U.S.C. 801) or any other provision of that Act, including services as authorized by 5 U.S.C. (IV) permit the Corporation, in consultation the Commission shall, not later than 30 days 3109, and hire of passenger motor vehicles, with the BLM, to regulate entry as may be re- after the date of enactment of this Act— $66,000,000, to remain available until expended. quired to protect the environmental and historic (1) reinstate the license for Project No. 2696; DEFENSE NUCLEAR FACILITIES SAFETY BOARD values of the resource at Martin’s Cove or at and such times as necessitated by weather condi- (2) transfer the license to the town. SALARIES AND EXPENSES tions, matters of public safety and nighttime (c) HYDROELECTRIC INCENTIVES.—Project No. For necessary expenses of the Defense Nuclear hours. 2696 shall be entitled to the full benefit of any Facilities Safety Board in carrying out activities (C) IMPROVEMENTS.—The Corporation may, Federal law that— authorized by the Atomic Energy Act of 1954, as upon approval of the BLM, improve the lease- (1) promotes hydroelectric development; and amended by Public Law 100–456, section 1441, hold as may become necessary from time to time (2) that is enacted within 2 years before or $19,559,000, to remain available until expended. in order to accommodate visitors to the lease- after the date of enactment of this Act. DELTA REGIONAL AUTHORITY hold. (d) CO-LICENSEE.—Notwithstanding the (D) ARCHAEOLOGICAL PRESERVATION.—The issuance of a preliminary permit to the town SALARIES AND EXPENSES Corporation shall have the obligation to protect and any consideration of municipal preference, For necessary expenses of the Delta Regional and maintain any historical or archaeological the town may at any time add as a co-licensee Authority and to carry out its activities, as au- artifacts discovered or otherwise identified at to the reinstated license a private or public enti- thorized by the Delta Regional Authority Act of Martin’s Cove. ty. 2000, as amended, notwithstanding sections (E) VISITATION GUIDELINES.—The Corporation (e) PROJECT FINANCING.—The town may re- 382C(b)(2), 382F(d), and 382M(b) of said Act, may establish, in consultation with the BLM, ceive loans under sections 402 and 403 of the $5,000,000, to remain available until expended.

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.055 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11021

DENALI COMMISSION the same meaning, to any product sold in or dicted by the report of the House or the con- For expenses of the Denali Commission in- shipped to the United States that is not made in ference is approved by the committee of con- cluding the purchase, construction and acquisi- the United States, the person shall be ineligible ference. The statement of the managers, tion of plant and capital equipment as nec- to receive any contract or subcontract made while repeating some report language for essary and other expenses, $55,000,000, to remain with funds made available in this Act, pursuant emphasis, does not intend to negate the lan- available until expended: Provided, That to the debarment, suspension, and ineligibility guage referred to above unless expressly pro- $5,500,000 shall not be available until the Denali procedures described in sections 9.400 through vided herein. In cases where both the House Commission submits to the House and Senate 9.409 of title 48, Code of Federal Regulations. report and Senate report address a particular Committees on Appropriations a detailed budget SEC. 503. None of the funds made available in issue not specifically addressed in the con- justification for fiscal year 2005. this Act may be transferred to any department, ference report or joint statement of man- agency, or instrumentality of the United States agers, the conferees have determined that NUCLEAR REGULATORY COMMISSION Government, except pursuant to a transfer made the House report and Senate report are not SALARIES AND EXPENSES by, or transfer authority provided in, this Act or inconsistent and are to be interpreted ac- For necessary expenses of the Commission in any other appropriation Act. cordingly. In cases in which the House or carrying out the purposes of the Energy Reorga- SEC. 504. CLARIFICATION OF INDEMNIFICATION Senate have directed the submission of a re- nization Act of 1974, as amended, and the Atom- TO PROMOTE ECONOMIC DEVELOPMENT. (a) Sub- port, such report is to be submitted to both ic Energy Act of 1954, as amended, including of- section (b)(2) of section 3158 of the National De- House and Senate Committees on Appropria- ficial representation expenses (not to exceed fense Authorization Act for Fiscal Year 1998 (42 tions. $15,000), and purchase of promotional items for U.S.C. 7274q(b)(2)) is amended by adding the Senate amendment: The Senate deleted use in the recruitment of individuals for employ- following after subparagraph (C): the entire House bill after the enacting ment, $618,800,000, to remain available until ex- ‘‘(D) Any successor, assignee, transferee, clause and inserted the Senate bill. The con- pended: Provided, That of the amount appro- lender, or lessee of a person or entity described ference agreement includes a revised bill. priated herein, $33,100,000 shall be derived from in subparagraphs (A) through (C).’’. TITLE I the Nuclear Waste Fund: Provided further, That (b) The amendment made by section 506, as DEPARTMENT OF DEFENSE—CIVIL revenues from licensing fees, inspection services, amended by this section, is effective as of the DEPARTMENT OF THE ARMY and other services and collections estimated at date of enactment of the National Defense Au- CORPS OF ENGINEERS—CIVIL $538,844,000 in fiscal year 2004 shall be retained thorization Act for Fiscal Year 1998. and used for necessary salaries and expenses in This Act may be cited as the ‘‘Energy and The summary tables at the end of this title this account, notwithstanding 31 U.S.C. 3302, Water Development Appropriations Act, 2004’’. set forth the conference agreement with re- and shall remain available until expended: Pro- And the Senate agree to the same. spect to the individual appropriations, provided further, That the sum herein appropriated grams, and activities of the Corps of Engi- shall be reduced by the amount of revenues re- DAVID L. HOBSON, neers. Additional items of the conference ceived during fiscal year 2004 so as to result in RODNEY P. agreement are discussed below. a final fiscal year 2004 appropriation estimated FRELINGHUYSEN, The conferees remain concerned about the at not more than $79,956,000. TOM LATHAM, inadequate budget requests for water re- ZACH WAMP, sources programs of the U.S. Army Corps of OFFICE OF INSPECTOR GENERAL JO ANN EMERSON, Engineers. The budget request for fiscal year For necessary expenses of the Office of In- JOHN T. DOOLITTLE, 2004 is about $450,000,000 less than the spector General in carrying out the provisions of JOHN E. PETERSON, amount appropriated to the Corps in fiscal the Inspector General Act of 1978, as amended, MICHAEL K. SIMPSON, year 2003. If the proposed budget request $7,300,000, to remain available until expended: BILL YOUNG, were enacted, the Corps would be forced to Provided, That revenues from licensing fees, in- PETER J. VISCLOSKY, terminate ongoing construction contracts spection services, and other services and collec- CHET EDWARDS, costing the government some $200,000,000 in tions estimated at $6,716,000 in fiscal year 2004 ED PASTOR, termination fees, demobilization costs, and shall be retained and be available until ex- JAMES E. CLYBURN, delays in project schedules. pended, for necessary salaries and expenses in MARION BERRY, Over the years, the conferees have granted this account notwithstanding 31 U.S.C. 3302: DAVID R. OBEY, the Corps of Engineers great latitude to re- Provided further, That the sum herein appro- Managers on the Part of the House. program funds from studies, construction priated shall be reduced by the amount of reve- projects, and maintenance activities which PETE V. DOMENICI, nues received during fiscal year 2004 so as to re- are either delayed or are being terminated to THAD COCHRAN, sult in a final fiscal year 2004 appropriation es- those where the funds can be effectively used MITCH MCCONNELL, timated at not more than $584,000. to keep projects moving and accelerate com- ROBERT F. BENNETT, NUCLEAR WASTE TECHNICAL REVIEW BOARD pletion. The conferees believe that the abil- CONRAD BURNS, ity to reprogram funds is essential to the SALARIES AND EXPENSES LARRY E. CRAIG, Corps’ ability to effectively manage its pro- For necessary expenses of the Nuclear Waste CHRISTOPHER BOND, gram. Accordingly, the conferees were very Technical Review Board, as authorized by Pub- TED STEVENS, concerned to learn that the Corps of Engi- lic Law 100–203, section 5051, $3,177,000, to be HARRY REID, neers has not been reprogramming funds derived from the Nuclear Waste Fund, and to ROBERT C. BYRD, from a number of projects that are obviously remain available until expended. FRITZ HOLLINGS, not moving forward. It has been and con- TITLE V PATTY MURRAY, tinues to be the intent of the conferees that BYRON L. DORGAN, GENERAL PROVISIONS when any project is not moving forward, the DIANNE FEINSTEIN, SEC. 501. None of the funds appropriated by Corps of Engineers look to reprogram the DANIEL K. INOUYE, this Act may be used in any way, directly or in- funds appropriated for that project to one Managers on the Part of the Senate. directly, to influence congressional action on where the funds can be effectively utilized any legislation or appropriation matters pend- JOINT EXPLANATORY STATEMENT OF unless explicitly instructed not to do so by ing before Congress, other than to communicate THE COMMITTEE OF CONFERENCE the Committees on Appropriations. to Members of Congress as described in 18 U.S.C. The managers on the part of the House and The conferees are aware that the Corps of 1913. the Senate at the conference on the dis- Engineers may choose not to reprogram SEC. 502. (a) PURCHASE OF AMERICAN-MADE agreeing votes of the two Houses on the funds out of some inactive or slow-moving EQUIPMENT AND PRODUCTS.—It is the sense of amendment of the Senate to the bill (H.R. projects because of the reluctance of the the Congress that, to the greatest extent prac- 2754) making appropriations for energy and member who requested funding to see it ticable, all equipment and products purchased water development for the fiscal year ending moved. The conferees expect that funds with funds made available in this Act should be September 30, 2004, and for other purposes, moved out of any authorized project would American-made. submit the following joint statement to the be restored to that project once obstacles to (b) NOTICE REQUIREMENT.—In providing fi- House and the Senate in explanation of the its progress had been resolved, and urge that nancial assistance to, or entering into any con- action agreed upon by the managers and rec- the Corps should not let these objections tract with, any entity using funds made avail- ommended in the accompanying conference stand in the way of using scarce funding able in this Act, the head of each Federal agen- report. where it is most needed. In order to better cy, to the greatest extent practicable, shall pro- The language and allocations set forth in assess this ‘‘hoarding’’ problem, the con- vide to such entity a notice describing the state- House Report 108–212 and Senate Report 108– ferees direct the Corps of Engineers to sub- ment made in subsection (a) by the Congress. 105 should be complied with unless specifi- mit to the Committees on Appropriations of (c) PROHIBITION OF CONTRACTS WITH PERSONS cally addressed to the contrary in the con- the House and the Senate, by May 1st of 2004, FALSELY LABELING PRODUCTS AS MADE IN ference report and statement of the man- a report as to the ‘‘carried over’’ funds on AMERICA.—If it has been finally determined by agers. Report language included by the hand at the beginning of fiscal 2004, by a court or Federal agency that any person in- House which is not contradicted by the re- project, and the details of all reprogramming tentionally affixed a label bearing a ‘‘Made in port of the Senate or the conference, and actions from carried over funds in the first America’’ inscription, or any inscription with Senate report language which is not contra- six months of fiscal 2004.

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.056 H07PT1 H11022 CONGRESSIONAL RECORD — HOUSE November 7, 2003 The conferees are aware that the Corps of The conferees have provided $100,000 for the The conferees have provided additional Engineers has exercised its existing authori- Corps of Engineers to continue investiga- funding above the Administration’s request ties to take advantage of a good construc- tions of environmental infrastructure issues for the Upper Mississippi and Illinois Naviga- tion season and as a result, has been exe- for the City of Norwalk, California. tion Study with the intent that the Corps of cuting its construction program at an in- The conferees have provided $1,100,000 for Engineers diligently work to complete this creased rate using funds available from the Sacramento-San Joaquin Delta, Cali- critical study. under-performing projects. Though the con- fornia, study including $350,000 for a recon- The conferees have included $2,500,000 for ferees understand that the Federal govern- naissance study to evaluate environmental the Louisiana Coastal Area Ecosystem Res- ment yields benefits and cost savings when a restoration, flood protection, recreation, and toration study to allow for initiation of project is completed ahead of schedule, the related purposes for the California Bay-Delta project implementation reports. The con- conferees are very concerned about the Corps Authority North Delta Improvements ferees remain very concerned about the responding to contractor demands for higher project, and $500,000 to initiate and complete progress of this study and that the Corps execution rates at the expense of those a reconnaissance study to prioritize and may not be maintaining the rigor required projects that the Congress has determined evaluate environmental restoration, flood for such a study. Therefore, the conferees di- reflect the Nation’s priorities. Therefore, the protection and related purposes for the Delta rect the Corps to provide a report no later conferees direct the Corps, within 90 days of Islands and Levees. The remaining funding is than 60 days after the enactment of this Act, enactment of this Act, to submit a report provided for the Delta Special Study. on the study’s progress and how it plans to that outlines the Corps’ processes and proce- The conference agreement provides refocus this critical effort. dures for determining and evaluating which $1,500,000 for the Sacramento-San Joaquin The conference agreement includes $200,000 projects are under-performing and how the River Basins Comprehensive Study in Cali- to initiate one or more of a number of feasi- resulting unobligated funds are transferred fornia, including funds to initiate and com- bility studies identified in the reconnais- to a project which is executing at a rate plete three $100,000 reconnaissance studies to sance phase of the Middle Potomac Water- higher than anticipated. The conferees note evaluate environmental restoration, flood shed study, Maryland and Virginia. It is the as well, that some projects have fared very protection, and related purposes for the intent of the conferees that the Holmes Run well when contractors are able to accelerate Lower San Joaquin River, USACE Reservoir watershed in Virginia continues to be within work; in fiscal years 2002 and 2003, some Re-Operation, and Butte Basin, and $500,000 the scope of this study. In addition, the con- $30,000,000 was reprogrammed into just one to initiate a feasibility study for the ference agreement includes, within available such project from others. The Corps of Engi- Mokelumne River, Calaveras River, and funds, $100,000 for the Corps of Engineers to neers has explained that this reprogramming Stanislaus River Watersheds in Calaveras identify flood mitigation measures to pro- results from their policy of allowing contrac- County. tect the City of Alexandria, Virginia from fu- tors to choose their own pace for work on The conferees urge the Secretary of the ture storm surges and flooding. continuing contracts, with the option to Army to continue planning and The conferees have provided $800,000 to ini- work on deferred payment terms, and some- preconstruction engineering and design ef- tiate the feasibility phase of the Eastern times to collect interest, when money appro- forts on the Sacramento-San Joaquin River Shore—Mid Chesapeake Bay Island, Mary- priated for a given fiscal year is exhausted. Basins Comprehensive Study-Hamilton City land project, which will focus on the use of The conferees admonish the Corps to curtail Flood Damage Reduction and Ecosystem dredged material to restore and expand the this practice, which amounts to allowing Restoration Initial Project and to include in habitat of a variety of animal life. It is the contractors to make many of its most cru- the study an area extending from 2 miles due intent of the conferees that this funding be cial fiscal management decisions, and to in- north to 4 miles due south of State Highway used for the identification and study of exist- clude in the report required above the status 32, and extending at least 1.2 miles due south ing islands in need of restoration, and not ar- of continuing construction contracts. of Road 23. The study should incorporate lo- tificial islands. The conferees are also concerned that cally preferred options that provide protec- In order to optimize needed coordination Corps of Engineers’ technical and planning tion to agricultural lands on the southern with highway work being performed by the capabilities have diminished over the past end of the study area, as well as residential State of Nebraska, the conferees direct the decade. This diminished capability has been properties in Hamilton City, while providing Secretary of the Army to work closely with evident in recent controversial studies such opportunities for ecosystem restoration. In the local sponsor on the Sand Creek Environ- as the Upper Mississippi River and Illinois addition, the conferees support the efforts of mental Restoration, Nebraska project, ac- Waterway System Navigation Study and the the non-Federal sponsors to receive credit cepting advance funds offered by the sponsor, Delaware River Deepening Study. The con- toward the non-Federal cost share for work, and agreeing to credits and reimbursements, ferees urge the Corps of Engineers to review including ecosystem restoration work, deter- as appropriate, for work done by the sponsor, ways in which it can improve this capability, mined by the Corps to be integral to the including work performed in connection with to include concentrating its technical and project, that is carried out by non-Federal the design and construction of seven up- planning expertise in regional centers. The sponsors or their partners after the comple- stream detention storage structures. conferees believe that there is much the tion of the final report—even if such work is The conference agreement includes $350,000 Corps can do to leverage its highly skilled carried out prior to the date of the project for the Lower Las Vegas Wash Wetlands, Ne- workforce in an effort to better utilize their cost share agreement. vada, project and $150,000 for Technical As- expertise on a national level. With con- The conferees direct the Secretary of the sistance for Tahoe Regional Planning, Ne- strained budgets and ever-changing tech- Army to conduct a feasibility study with re- vada. The conferees understand that there exists nology, the current work environment lends spect to shoreline stabilization of Egmont some confusion regarding the Passaic River, itself well to the movement of knowledge Key, Florida, which is threatened by erosion. New Jersey, Environmental Restoration and information across great distances in a The conferees further direct that the study study and the Hudson Raritan Estuary- matter of minutes. Therefore, the conferees shall be completed at full Federal expense, Lower Passaic River, New Jersey, study. The remain committed to the concept of the re- notwithstanding the conclusions of the ini- Passaic River, New Jersey Environmental gional centers because they will enable the tial reconnaissance report. The conferees direct that the Secretary use Restoration study, in the past, has been re- Corps to maximize its expertise across the any remaining funds heretofore appropriated ferred to as the Lower Passaic, New Jersey country over a wide variety of projects and and made available in Public Law 106–316, for study and use of this latter reference should problems just by tapping its own resources. construction of the Savannah Harbor Deep- be discontinued. The conferees further note Though many problems are regionalized, ening Project, Savannah, Georgia, for the that the Passaic River, New Jersey, Environ- many of their solutions are not. With the im- Savannah Harbor Expansion Project, Savan- mental Restoration study is a separate and plementation of regional centers the Corps nah, Georgia. distinct effort from the ongoing Hudson will be able to manage the agency’s work- The conferees have moved funding pre- Raritan Estuary-Lower Passaic River, New load across the Nation rather than just in a viously provided by the House under General Jersey, study. district or division. Investigations for riverfront restoration The conferees have included $500,000 for the GENERAL INVESTIGATIONS project at Fort Dodge, Iowa, to Construc- preconstruction, engineering, and design for The conference agreement appropriates tion, General under the already existing Des the Upper Passaic River and Tributaries, $116,949,000 for General Investigations in- Moines Recreation River and Greenbelt au- New Jersey project and moved this project stead of $117,788,000 as proposed by the House thority. The conferees understand that mov- from General Investigations to Section 205 of and $131,700,000 as proposed by the Senate. ing the funds to Construction, General under the Continuing Authorities Program under The conference agreement provides $150,000 the Greenbelt authorization, will allow the Construction, General. for the completion of an environmental as- Corps of Engineers to continue to work at The conference agreement includes lan- sessment on the Tonto Creek in Tonto Basin Fort Dodge with greater flexibility and guage, proposed by the House, regarding element of the Gila River and Tributaries, speed. credits for the sponsors of the Ohio River- Arizona, project. The conferees have removed funding pre- front, Cincinnati, Ohio, project. Funds for the American River Watershed viously proposed under General Investiga- The conferees expect the Secretary of the (Folsom Dam Mini-Raise), California, project tions for Turkey Creek Basin, Kansas and Army to review the Corps of Engineers re- are included in the Construction, General ac- Missouri, and provided $500,000 for this port on the Nueces River, Texas published as count. project under Construction, General. House Document 235, Sixty-third Congress,

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.076 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11023 1st Session and other pertinent reports, to gram, $1,000,000 is provided for innovative with funds made available and the full bene- determine the feasibility of measures for im- technology demonstrations for urban flood- fits of this project are not further delayed. provements to address water resources needs ing and channel restoration. These dem- The conference recommendation includes of Texas within the Nueces River basin in onstrations shall be conducted in close co- $15,000,000 for the Port of Los Angeles, Cali- the interest of comprehensive watershed and ordination and cooperation with the Urban fornia, project. Despite the fact this project stream corridor management, including Water Research Program of the Desert Re- is already under construction, the Adminis- flood damage reduction, ecosystem restora- search Institute of Nevada. The conferees en- tration did not propose any funding for this tion and protection, water conservation and courage the Corps of Engineers to continue project. The conferees expect the Adminis- supply, water quality, aquifer recharge, and its work in the area of Submerged Aquatic tration to budget for a project of this scope other allied purposes. The review should co- Vegetation or ‘‘seagrasses’’ and restoration more responsibly in the future. ordinate and integrate ongoing study efforts efforts in the Chesapeake Bay, Maryland. The conference agreement provides within the basin. The conferees are also aware of the poten- $22,500,000 for continued construction of the The conference agreement deletes lan- tial benefits of incorporating modular plas- Santa Ana River Mainstem, California, guage, proposed by the Senate regarding the tic belting technology into fish screen de- project, including $7,000,000 for the accelera- Park City Water Supply Infrastructure, vices. Accordingly, the conferees ask the tion of work on the San Timoteo Creek ele- Utah, project. Funding for this work is in- Corps of Engineers to consider evaluating ment. cluded in the amount appropriated for the the technology’s operational and cost bene- The conferees have provided $500,000 for Bureau of Reclamation under the Water and fits and to consider its deployment if the continuation of a feasibility study of per- Related Resources account. Corps determines that the technology is en- chlorate contamination in the City of Santa In light of the damage done to the area by vironmentally and scientifically sound, fea- Clarita, California. Hurricane Isabel, the conferees have in- sible and effective. The conference agreement includes $500,000 cluded $100,000 to continue preconstruction Language, provided by the Senate, has to initiate construction on the Delaware Bay engineering and design for the Vicinity of been included in the bill regarding the Coastline, Bethany Beach to South Bethany Willoughby Spit, Norfolk, Virginia, project. Southwest Valley Flood Damage Reduction Beach, Delaware project. The conference agreement does not include study in New Mexico, the Waikiki Beach, Ha- The conference agreement includes $500,000 funds in this account for the Duwamish and waii, project and the Kihei Beach, Hawaii, for the Florida Keys Water Quality Improve- Green River, Washington, project. Funds for project. ments project, which was not included in the this project are included in the Construction, Administration’s budget request. The con- CONSTRUCTION, GENERAL General account. ferees ask that the Administration give con- The conference agreement includes The conference agreement appropriates sideration to including this critical work in $7,500,000 for the Flood Plain Management $1,722,319,000 for Construction, General in- future funding requests, and to the possi- Services Program. Within the funds pro- stead of $1,642,911,000 as proposed by the bility of including it in the larger Everglades vided, the conferees expect the Corps of En- House and $1,538,000,000 as proposed by the Restoration effort. gineers to undertake the activities described Senate. The conference agreement includes addi- in the House and Senate Reports, including The conferees recognize the urgent need to tional language, proposed by the House, con- $500,000 to advance development of the geo- remove and remediate contaminated soils cerning availability of funds appropriated for graphic information system for flood plain from the uplands adjacent to the Salt La- the Florida Everglades and for the New York management in East Baton Rouge, Lou- goon and its outfall channel at St. Paul Is- and New Jersey Harbors, New York, and New isiana. land, Alaska. The conferees further recognize Jersey. The conferees have included $400,000 within that the Corps of Engineers has an ongoing The conferees have provided $300,000 for the available funds under the Other Coordination project to dredge and excavate sediments Martin County, Florida, project. Programs for the Corps of Engineers to pro- from the nearby St. Paul Harbor and to rees- The conferees have provided an additional vide programmatic support to Lake Tahoe tablish, by excavation, the traditional flow $4,350,000 for wildlife mitigation at the Rich- restoration activities, including coordina- channel between the harbor and the Salt La- ard B. Russell Dam and Lake, Georgia and tion with the Federal Interagency Partner- goon. Given the extremely high cost of mobi- South Carolina. These funds, combined with ship and the Tahoe Regional Planning Agen- lizing equipment to St. Paul Island and the funds provided in Fiscal Year 2003, satisfy cy, to implement the Environmental Im- Corps of Engineers’ expertise in remediating the Federal obligation for the lump sum pay- provement Program. contaminated materials, the conferees direct ment to the State of South Carolina required The conference agreement includes and authorize the Secretary of the Army to by Section 348(k) of the Water Resources De- $6,500,000 for the Planning Assistance to enter into an agreement with the Secretary velopment Act of 2000. States Program. Within the funds provided of Transportation to supplement this ongo- The conference agreement includes for this program, the conferees expect the ing construction project, and to remove and $4,450,000 for environmental infrastructure Corps of Engineers to undertake the activi- remediate the contaminated materials to an projects as authorized in Section 595 of the ties described in the House and Senate Re- approved disposal site. Funding for the reme- Water Resources Development Act, as ports including providing assistance to diation of the contaminated material is to amended, in Rural Idaho. Funds are to be Salcha, Alaska as outlined in the Senate Re- come from funds provided to the National used for the following Idaho projects: City of port. The conferees have also included Oceanic and Atmospheric Administration Burley, Coolin Sewer District, City of Horse- $100,000 for the Corps of Engineers to prepare (NOAA) for this purpose. shoe Bend, Upper St. Joe Distribution Line, the Arkansas River Corridor Plan in Okla- The conference agreement does not include Blackfoot Water Diversion, Spirit Lake Res- homa; and $200,000 for Georgetown and Wil- funding in the Construction, General ac- toration, Emmett Wastewater, McCammon liamsburg Counties, South Carolina. count for the Dam Site Park at Greers Ferry Wastewater, and the Middleton Water and The conferees include $100,000 to continue Lake, Arkansas. The conferees have provided Sewer Authority. the feasibility phase of the Tujunga Wash en- $8,391,000 for Greers Ferry Lake, Arkansas, The conferees note that in addition to the vironmental restoration project in Studio including $2,000,000 for the modernization of Construction, General funding provided for City, California. In addition, the conferees the Dam Site Park recreation facilities the Chicago Sanitary and Ship Canal, Illi- provide $200,000 for the Corps to advance the under Operations and Maintenance, General. nois, $750,000 is also provided in the Section Tujunga Wash, California, ecosystem res- Within funds provided for the American 1135 Continuing Authorities Program to con- toration project under the Section 1135 Con- River Watershed (Folsom Dam Mini-Raise), tinue the work on a second barrier. tinuing Authorities Program in the Con- California, project, $600,000 shall be provided The conferees have provided $100,000 to ini- struction, General account. Additionally, the to the Folsom Dam replacement road and tiate construction of the Little Grassy Pump Corps is expected to complete the feasibility bridge. feature of the Wood River Drainage and phase of the Long Lake, Indiana, project The conference agreement for Oakland Levee District project in Illinois. with funding from the Section 206, Con- Harbor, California, includes $20,000,000 for The conference agreement includes $500,000 tinuing Authorities Program in the Con- this critical project. The conferees regret for Northeastern Minnesota, Minnesota. struction, General account. that they cannot provide optimum funding The conference agreement deletes funding The conferees have not provided funding efforts, which are hampered because the Ad- in this account proposed for the Table Rock requested by the Administration for the Ex ministration only requested $7,000,000 for Lake, Missouri facility, modernization Post Facto National Study or the Inde- this project. Given that this project is al- project. The conferees have provided pendent Review National Study. The con- ready under construction, the conferees en- $9,000,000 for Table Rock Lake, Missouri, ferees understand that studies of this sort courage the Administration to include real- under Operations and Maintenance, General, are among the concerns of the authorizing istic project funding in future budget sub- including $3,500,000 for the modernization of committees and are under discussion. The missions. day use, boat launch, and other recreation Corps should not undertake such studies The conference agreement includes facilities at its Campbell Point, Cape Fair, with any funds made available until the au- $7,300,000 to complete Federal funding for all Indian Point and Baxter parks, and for other thorizers have made clear their policies and aspects of the Petaluma River, California, maintenance items. intentions in future law. flood control project. The Corps of Engineers The conferees have included $3,000,000 for Within the funds provided for the Corps of and the sponsors are urged to proceed expedi- rural Montana projects. Within the funds Engineers Research and Development Pro- tiously so that the project can be finished provided, the Corps of Engineers is directed

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.077 H07PT1 H11024 CONGRESSIONAL RECORD — HOUSE November 7, 2003 to give consideration to projects at Conrad, The conferees direct that none of the funds trol project identified in the House Report Laurel, Belgrade, Drummond, Wisdom, provided for the Olmsted Locks and Dam, under the Construction, General account for Melston, Manhattan and Grant Creek. Other Ohio project be used to reimburse the Claims Washington, D.C. & Vicinity will be funded communities that meet the program criteria and Judgment Fund. under the General Investigations account. should be considered as funding allows. The conferees have provided $75,000 for the The conferees have provided $250,000 for the The conferees have included $9,000,000 for Corps of Engineers to initiate plans and spec- Corps of Engineers to execute the appro- Rural Nevada projects. Within the funds pro- ifications for the Ottawa River Harbor navi- priate Memoranda of Understanding and vided, the Corps of Engineers is directed to gation project in Ohio. Memoranda of Agreements to pave the way give consideration to projects at Boulder The conferees note relative to the Chey- for project construction. City, Mesquite, Tonopah, Lyon County (Car- enne River Sioux Tribe, Lower Brule Sioux, The conference agreement provides son River Regional Water System), Gerlach, South Dakota project, that Title VI of the $4,000,000 for the Aquatic Plant Control Pro- Incline Village, Lawton-Verdi, Esmeralda Water Resources Development Act of 1999, as gram. Within the appropriated amount, the County, Churchill County, West Wendover amended, authorizes funding to pay adminis- conferees have provided $200,000 for the Corps and Searchlight. Other communities that trative expenses, implementation of terres- to undertake aquatic plant control in high meet the program criteria should be consid- trial wildlife plans, activities associated priority sites in Texas and $100,000 for the ered as funding allows. with land transferred or to be transferred, control of Hydrilla in the Potomac River and The conferees have provided $1,000,000 for and annual expenses for operating rec- Tributaries, Virginia, Maryland, and the Dis- the Corps of Engineers to initiate construc- reational areas. Within the funds provided, trict of Columbia. Program funds also in- tion of the Barnegat Inlet to Little Egg Har- the conferees direct that not more than clude $300,000 for a cost shared effort with bor Inlet, New Jersey, beach erosion control $1,000,000 shall be provided for administrative the State of South Carolina and $400,000 for project. expenses, and that the Corps is to distribute a cost shared effort with the State of The conference agreement includes $500,000 remaining funds as directed by Title VI to Vermont. The conferees urge the Corps to es- for the Delaware Bay Coastline, Villas and the State of South Dakota, the Cheyenne tablish a cost shared program with the State Vicinity, New Jersey, project. River Sioux Tribe and Lower Brule Sioux of Hawaii. The conferees have provided $9,000,000 for Tribe. The conferees direct the Corps of Engineers the Delaware Main Channel, New Jersey, The conference agreement provides to undertake the projects listed in the House Delaware, and Pennsylvania, project, which $1,072,000 to complete the Black Fox, and Senate Reports and any additional continues to undergo a rigorous cost-benefit Murfree, and Oaklands Springs Wetlands, projects described below for the various con- reanalysis and verification by independent Murfreesboro, Tennessee, project. The continuing authority programs. The rec- reviewers. The Corps of Engineers is to be ferees are aware that this project has exhib- ommended funding levels for these programs commended for this effort. The conferees are ited growth in both scope and cost since its are as follows: Section 206—$18,050,000; Sec- aware that the production of a complete jus- inception, and agree that no additional Fed- tion 204—$6,000,000; Section 14—$9,000,000; tification may consume several additional eral funds will be appropriated; the Corps of Section 205—$30,000,000; Section 111— months and urge that these funds be tempo- Engineers and the sponsors are therefore $1,500,000; Section 1135—$17,000,000; Section rarily re-programmed to other high-priority urged to take necessary measures to bring 107—$9,000,000; Section 103—$3,500,000; and work if they are not required for the deep- the project to fruition as soon as possible. Section 208—$500,000. The conferees are ening effort in fiscal year 2004. The conferees have included $5,400,000 to aware that there are funding requirements The conference recommendation includes continue design and initiate construction for for ongoing continuing authorities projects $5,000,000 for the Central New Mexico, Chickamauga Lock, Tennessee. that may not be accommodated within the project; $4,000,000 for completion of the con- The conference report includes $500,000 to funds provided for each program. It is not struction work on the Double Eagle II Infra- continue major rehabilitation work on the the intent of the conferees that ongoing structure Upgrade, the Bosque Farms Plant, Whitney Lake Powerhouse, Texas. projects be terminated. If additional funds the Tijeras Water System upgrade and the The conference agreement includes lan- are needed during the year to keep ongoing Bernalillo plant; and, $1,000,000 for the Black guage, proposed by the Senate, regarding the work in any program on schedule, the con- Mesa Area Flood Management project. continued construction of the Dallas ferees urge the Corps of Engineers to repro- The Secretary of the Army is urged to uti- Floodway Extension project in Texas. gram funds into the program. lize up to $2,000,000 annually of the funds pro- The conference agreement includes lan- Under the Section 206 program, the conferees have included $500,000 for the Steven- vided from the New York and New Jersey guage, proposed by the Senate, concerning son Creek project in Pinellas County, Flor- Harbor, New York and New Jersey project the acceptance of advance funds for the Los ida; $220,000 to complete a feasibility study from the Construction, General appropria- Angeles, California, project. for Long Lake, Indiana; $50,000 for aquatic tions through fiscal year 2008, to plan for and The conference agreement includes lan- restoration of Ventura Marsh at Clear Lake enter into an agreement with a state or non- guage, proposed by the Senate, directing use Watershed in Iowa; $200,000 to continue a fea- Federal sponsor to develop a dredged mate- of funds for the Hawaii Water Management sibility study for the Paint Branch Fish Pas- rial processing facility that would accom- and Kaumalapau Harbor projects, in Hawaii. The conference agreement includes lan- sage project in Maryland; $300,000 to advance plish the objectives of reducing the cost of guage, proposed by the Senate, directing the the feasibility study for Echo Bay, New Ro- dredged material management in the port use of Dam Safety and Seepage/Stability chelle, New York; $75,000 for Little Sugar and preparing dredged material for beneficial Correction Program funds for the project at Creek, North Carolina; and $100,000 for the uses, and to implement a project utilizing in- Waterbury Dam, Vermont. West Cary Stream restoration in North Caro- novative dredged material management The conference agreement includes lan- lina. The conference agreement also includes technologies. guage, proposed by the Senate and the $513,000 for the Corps to address acid mine The conferees agree that the Secretary of House, providing for use of funds for ele- drainage for the Cheat River Basin, Lick the Army may use any remaining available ments of the Levisa and Tug Forks of the Run project in West Virginia under the Sec- funds from funds appropriated in Public Law Big Sandy River and Upper Cumberland tion 206 program. 101–101 for the Hamlet City Lake, North River project, West Virginia, Virginia, and Within the funds provided under the Sec- Carolina project, to provide assistance in Kentucky. tion 204 program, the conference agreement carrying out any authorized water-related The conference agreement includes lan- includes $3,000,000 in connection with the infrastructure projects in Richmond County, guage, proposed by the Senate, concerning harbor of Morehead City, North Carolina, a North Carolina. the construction of the Seward Harbor, Alas- project to disperse sand along Bogue Banks. The conference agreement includes $350,000 ka, project: the upgrades at Kake, Alaska; Under the Section 14 program, the con- for the Stanly County Wastewater Infra- and the construction of the Wrangell Harbor, ference agreement corrects the jurisdictional structure project in North Carolina. Alaska, project. reference for the Borough of Rumson from The conferees have provided $3,900,000 for The conference agreement includes lan- ‘‘New York’’ to ‘‘New Jersey’’. The conferees the Mill Creek, Ohio, Flood Control project guage, proposed by the Senate, providing di- provide $40,000 for the Concordia University and have included language in the bill which rection for the use of funds for the Tampa Section 14 project in Mequon, Wisconsin. The direct the Secretary of the Army to com- Harbor, Florida, project. conference agreement also deletes Section 14 plete the General Reevaluation Report with- The conference agreement includes lan- funding for Ottawa River, Shoreline Drive in in 15 months of this legislation at 100 percent guage, proposed by the Senate, addressing Toledo, Ohio; Engel Park, Town of Ossining, Federal cost. The General Reevaluation Re- the introduction of non-native oyster species New York; and for Burlington, Vermont. port shall provide plans for flood damage re- into the Chesapeake Bay. Under the Section 205 program, the con- duction throughout the basin equivalent to The conference agreement includes lan- ference agreement includes $100,000 for the and commensurate with that afforded by the guage providing direction for construction of Corps of Engineers to produce a feasibility authorized, partially implemented Mill the Miami Harbor, Florida, project. study of flooding problems at the KellyUSA Creek, Ohio, Flood Damage Reduction The conference agreement includes lan- site in Bexar County, Texas. The conferees Project, as authorized in Section 201 of the guage, proposed by the House, providing for have included $130,000 to continue feasibility Flood Control Act of 1970 (P.L. No. 91–611). authorization for reconstruction of the Cape studies for the Indian and Dry Run Creeks Funding provided herein, is to continue the Girardeau, Missouri, project. Watershed, and the Cedar River Levee, in General Reevaluation Report and the repair The conferees have determined that cer- Cedar Rapids, Iowa. Also included in the con- of the previously constructed Section 3 area. tain activities associated with the flood conference agreement under Section 205 are

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.079 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11025 $200,000 for engineering, and design of the ational changes to the fleet since fiscal year conferees have agreed that the Corps should Upper Passaic River and Tributaries, New 1993. GAO’s findings made it clear to the con- give consideration to Tow Haulage Unit Re- Jersey project and $300,000 for Parke Run, ferees that additional costs have been im- placement and the conservation of the en- Downingtown, Pennsylvania. The conference posed upon the Corps with the decreased use dangered Higgins Eye Mussel. agreement for the Section 205 program does of the fleet, but that the benefits have not The conferees have provided additional not include funding for the Higginson, Ar- been realized. Additionally, the GAO found funds for the Delaware River, Philadelphia kansas project or the Bono, Arkansas feasi- that the Corps’ contracting process for hop- to the Sea, New Jersey, Pennsylvania, and bility study. per dredges was not effective. Most impor- Delaware project to continue construction at Within the funds provided under the Sec- tantly, the GAO reported that the Corps did Pea Patch Island. tion 1135 program, the conference agreement not have even a limited system to evaluate The conferees have provided $250,000 for includes $350,000 for ecosystem restoration of the costs and benefits of the varying oper- sediment removal and dam repair at the Bull Creek Channel in California, and ational levels of its hopper dredge fleet, nor Junaluska, North Carolina. $100,000 for Rathbun Lake Wetlands Habitat did it have a means to make maintenance The conference report includes an addi- Restoration, Iowa. Also included under this and repair decisions of the fleet taking oper- tional $300,000 for mosquito control and pre- program is $500,000 for completion of the de- ational use into consideration. The conferees vention, and limited facility improvements at Garrison Dam, Lake Sakakawea, North sign and initiation of construction of the remain concerned that since 2000, the Corps Dakota. McCarran Ranch, Nevada, environmental has provided to Congress, a report which has The conference agreement includes $500,000 restoration project. been found to have no analytical basis, thus for serious safety repairs for the John Day Within the funds provided under the Sec- calling into question the ready reserve pol- tion 103 program, the conference agreement Lock and Dam, Oregon and Washington, on icy. the Columbia-Snake Waterway system. The includes $100,000 for Bayou Teche, Louisiana. Therefore, the conferees direct the Corps of conferees believe that the budget request Within the funds provided under the Sec- Engineers to report to the Appropriations does not adequately address the serious nation 208 program, the conference agreement Committees within 6 months of enactment of ture of the problems at this structure and includes $67,000 for Deep River, Lake Sta- this Act, with a detailed plan of how it in- tion, Indiana. has accordingly provided funds above the tends to rectify the current situation. The budget request. The problems being experi- FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- plan is to include how the Corps intends to enced at this structure are indicative of the TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- establish a baseline for determining the ap- way maintenance of structures in the Fed- ISIANA, MISSISSIPPI, MISSOURI AND TEN- propriate use of the Corps hopper dredge eral inventory has been shortchanged. Time- NESSEE fleet in the future. Finally, the Corps shall ly, adequate maintenance funding would The conference agreement appropriates include a comprehensive analysis of the have likely prevented the costly measures $324,222,000 for Flood Control, Mississippi costs and benefits of the existing and pro- that must now be undertaken to correct the River and Tributaries, instead of $301,054,000 posed restrictions on the use of the fleet. problems. The conferees strongly encourage as proposed by the House and $329,000,000 as Overall, the conferees expect the Corps to that adequate funding for maintenance be in- proposed by the Senate. put in place measures by which better included in future budget submissions. The conferees recognize the critical need of vestment decisions regarding the fleet can be Within the $342,000 additional funding for advancing much needed construction work made. the Monongahela River, Pennsylvania and on the Mississippi River Levees project to The conferees have provided $22,500,000 in West Virginia, project, the conferees urge ensure the integrity of the levee system and funding for Tennessee-Tombigbee Waterway, that the Corps of Engineers examine the to protect people and property from flooding. Alabama and Mississippi, including $500,000 practicality of remote control automation Therefore, the conferees have included for continued restoration of the historic devices at the Hildebrand, Morgantown, and $47,000,000 for Mississippi River Levees, in- Snagboat Montgomery. Opekiska Locks and to report to the Com- cluding $500,000 for initiation of Birds Point- The conferees are in agreement that cap- mittees on Appropriations of its findings by New Madrid, Missouri, flowage easements; ital costs of new site security and anti-ter- March 31, 2004. $450,000 to initiate St. Johns-New Madrid, rorism improvements at flood control The conferees urge that the Federal Navi- Missouri, mitigation lands, box culverts, and projects in Central California for which non- gation Project for the Providence River and levee closure; and $2,070,000 for Nash, Mis- Federal interests have repayment contracts Harbor shall include maintenance dredging souri, relief wells. Funding will also support with the Bureau of Reclamation shall be sub- of the Pawtuxet Cove Federal Navigation preparation of plans and specifications and ject to the Bureau’s current policy for repay- Project in Cranston and Warwick, Rhode Is- initiation of construction on the Lower Mis- ment of such anti-terrorism expenditures. land, and the Bullocks Point Cove Federal sissippi River Museum and Riverfront Inter- The conferees have provided $6,000,000 for Navigation Project in East Providence and pretive Site. operation and maintenance of the Los Ange- Barrington, Rhode Island, and disposal of The conferees are also aware of the back- les County Drainage Area project, including dredged material from these projects in the log of critical maintenance items in the Mis- activities at Hansen Dam. Confined Aquatic Disposal cells in the Provi- sissippi River Levees project and have in- The conferees include $500,000 for mainte- dence River. cluded $11,000,000 in the conference agree- nance dredging at Port Hueneme in Ventura The conference agreement includes $150,000 ment. The additional funds include $750,000 County, California. within the authority made available for Re- The conference agreement provides $500,000 to repair or replace culverts at Mound Creek, moval of Sunken Vessels, for the Corps to for continued dredging at San Pablo Bay and Illinois and New Madrid, Missouri; $500,000 to perform a detailed examination of the re- Mare Island Strait, including Pinole Shoal, repair the Cairo, Illinois, floodwall; $600,000 mains of the vessel ‘‘State of Pennsylvania’’ in California. to provide gravel surfacing to selected levee- located in the Christina River in an effort to The conference agreement includes top roads in Arkansas, Mississippi, and Lou- assess the cost for its removal. In addition, $5,185,000 for maintenance dredging of the isiana; $2,000,000 to provide levee crown sur- the conferees express support for efforts to Tampa Harbor, Florida project. raise the CSS Georgia and hope that the faces in Louisiana, and $1,500,000 to repair The conferees have provided $5,000,000 for the Birds Point-New Madrid, Missouri, levee Army Corps of Engineers will continue to ad- the Apalachicola, Chattahoochee, and Flint vise and assist with options for raising this setback with lime injection. Rivers project which includes annual dredg- The conference agreement includes lan- important historic artifact. ing of the river, annual operations and main- guage, proposed by the Senate, directing ac- The conferees note that Title VI of the tenance of the George W. Andrews Lock, spot Water Resources Development Act of 1999, as tivities on the Yazoo Backwater, Yazoo dredging of shoals, continuation of slough amended, requires that funding to inventory Backwater Pumping Plant, Mississippi, and mouth restorations, continuation of restora- and stabilize cultural and historic sites the Grand Prairie, Arkansas, projects. tion efforts at Corley Slough, and routine op- along the Missouri River in South Dakota, OPERATION AND MAINTENANCE, GENERAL erations and maintenance of the project. and to carry out the terrestrial wildlife habi- The conference agreement appropriates The conference agreement includes, within tat programs, shall be provided from the Op- $1,967,925,000 for Operation and Maintenance, available funds, $100,000 under Operation and eration and Maintenance account. The con- General instead of $1,932,575,000 as proposed Maintenance, General, to continue report ac- ference agreement provides $5,000,000 to pro- by the House and $2,014,000,000 as proposed by tivities associated with Lucas Berg Pit, tect cultural resource sites and provide fund- the Senate. Worth, Illinois, which is part of the Illinois ing to the State and Tribes for approved res- During fiscal year 2002, the General Ac- Waterway (MVR portion), Illinois and Indi- toration and stewardship plans and in com- counting Office [GAO] reviewed the benefits ana project. pliance with the requirements of Title VI, di- and effects of current and proposed restric- Within the funds provided, up to the rects the Corps to contract with or reim- tions on the Corps of Engineers’ hopper amount of $300,000, the conferees direct the burse the State of South Dakota and affected dredge fleet. Congress faces significant fu- Corps of Engineers to perform maintenance Tribes to carry out these duties. ture investments in the Corps hopper dredge dredging at Saugatuck Harbor, Michigan. The conference agreement includes fleet, as it is rapidly aging. The conferees be- The conferees have also provided $250,000 for $1,400,000 for continued maintenance dredg- lieve that the investment decisions must maintenance dredging of Bolles Harbor at La ing of the Waterway on the Coast of Vir- take into consideration the subsequent use Plaisance Creek in Michigan. ginia, project. of the fleet. The final GAO report, released As part of the Mississippi River Between The conferees note the proximity of Corps March 2003, reviewed the impacts of oper- Missouri River and Minneapolis project, the navigation facilities on the Columbia River

VerDate jul 14 2003 02:19 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.080 H07PT1 H11026 CONGRESSIONAL RECORD — HOUSE November 7, 2003 between Chinook and the Head of Sand Is- nology can provide for the protection of its which prohibits the reorganization or change land, Washington, and at Baker Bay, Wash- citizenry and their property when confronted of the Corps of Engineers statutory mission ington, and encourage the Corps of Engineers with natural disaster. The conferees are without a subsequent Act of Congress. to seek ways to achieve cost savings and effi- aware of the preliminary testing of the Section 104. The conference agreement in- ciency, such as by utilizing appropriate con- Rapid Deployment Flood Wall at the Engi- cludes language proposed by the House pro- tracting methods while having these two neering Research and Development Center in hibiting the expenditure of funds related to a projects be considered together when seeking Vicksburg, Mississippi. This technology has proposed landfill in Sandy Township, Stark bids and awarding contracts. shown promise in the effort to fight floods. County, Ohio. The conferees have provided $15,000,000 in Its proponents claim, and preliminary tests Section 105. The conference agreement in- funding for extraordinary maintenance; tend to confirm, that it can be cost-effective, cludes language proposed by the Senate these funds are provided in recognition of quick to deploy, and superior to traditional amending the authorization of the the inability of the Corps of Engineers, for sandbags in protecting property from flood Alamogordo, New Mexico, flood control the last several years, to fund storm damage damages totaling millions in dollars each project. remediation in West Virginia, Michigan, year. The conferees therefore direct the Section 106. The conference agreement in- Missouri, and other states. The conferees ex- Corps of Engineers, within funds available in cludes language proposed by the House that pect that the Corps will devote this funding the Flood Control and Coastal Emergencies renames Lock and Dam 3 on the Allegheny to storm damages not previously addressed, account, to act immediately to devise real River in Pennsylvania. rather than routine or backlog maintenance world testing procedures for this and other Section 107. The conference agreement in- items. promising alternative flood fighting tech- cludes language providing that the Secretary The conference agreement includes lan- nologies, and to provide a status report to of the Army may utilize continuing con- guage, proposed by the Senate, concerning the Committees on Appropriations with 180 tracts in carrying out the studying, plan- operation and maintenance costs for the SR1 days of enactment of this legislation. ning, or designing of a water resources Bridge, Delaware. REVOLVING FUND project authorized for study, prior to the au- The conference agreement includes lan- The conferees are concerned about the cost thorization of the project for construction. guage, proposed by the Senate, regarding the of aircraft maintenance by the Corps of En- Section 108. The conference agreement in- rehabilitation of the dredged material dis- gineers. The conferees realize that reliable cludes language proposed by the Senate posal site at Bodega Bay, California. and readily available transportation is nec- which authorizes oil bollard and debris re- The conference agreement includes lan- essary for the Corps to effectively perform moval at Burlington Harbor, Vermont. guage directing the use of funds by the Corps many of its missions, especially those re- Section 109. The conference agreement in- of Engineers for the Laguna Madre portion of lated to emergencies, and that the Corps di- cludes language, proposed by the Senate the Gulf Intracoastal Waterway in Texas, vision offices support these missions in the which makes technical corrections for the and conditions for performing necessary geographic regions for which they are re- Kake Dam Replacement in Kake, Alaska. maintenance along the Gulf Intracoastal Wa- sponsible. The conferees found the report re- Section 110. The conference agreement in- terway, Texas. quired as part of the fiscal year 2003 appro- cludes language proposed by the Senate The conference agreement includes lan- priations activities lacking and therefore di- deauthorizing some components of the fed- guage providing direction for the removal of rect the Corps to re-evaluate the costs and eral navigation channel in Pawtuxet Cove, a weir on the Mayfield Creek and Tribu- benefits of the Corps maintaining its own Rhode Island. taries, Kentucky, project. aircraft. This reanalysis must include all Section 111. The conference agreement in- The conferees direct that the Corps of En- other options for air transportation, includ- cludes language proposed by the Senate au- gineers shall not obligate any surplus funds ing the use of military aircraft. With con- thorizing the Secretary of the Army to pro- resulting from the enactment of the Power stricted budgets, the conferees are skeptical vide assistance to non-Federal interests at Marketing Administrations direct funding that the possession and maintenance of an Tar Creek, Ottawa County, Oklahoma. legislation prior to the submission of a plan, aircraft by any division or district is both Section 112. The conference agreement infor approval, by the House and Senate Ap- cost-effective and mission-essential when cludes language proposed by the Senate to propriations Committees. compared to alternatives, such as use of use previously appropriated funds for tech- REGULATORY PROGRAM military aircraft and leasing. Therefore, the nical assistance related to coastal erosion in The conference agreement appropriates Corps must present to the House and Senate Alaskan communities, at full Federal ex- $140,000,000 for the Regulatory Program in- Appropriations Subcommittees on Energy pense. stead of $144,000,000 as proposed by the House and Water Development a justification that Section 113. The conference agreement in- and $139,000,000 as proposed by the Senate. includes a complete and thorough economic cludes language proposed by the Senate FORMERLY UTILIZED SITES REMEDIAL ACTION analysis for approval before any additional which prohibits the use of funds for closure PROGRAM aircraft are acquired. The Corps is directed or removal of the St. Georges Bridge, Dela- ware. The conference agreement appropriates to submit, within 6 months, a justification Section 114. The conference agreement in- $140,000,000 for the Formerly Utilized Sites and economic analysis to support the contin- cludes language proposed by the Senate ex- Remedial Action Program (FUSRAP) as pro- ued maintenance of aircraft by the Corps as tending the date for which the Corps of Engi- posed by the House and the Senate. The con- an asset. For purposes of this analysis, and neers can accept funds from non-Federal en- ferees provide the Corps of Engineers with for the purpose of determining whether or tities to process permits. reprogramming authority for FUSRAP not use of a Corps-owned aircraft is appro- Section 115. The conference agreement in- projects of up to 15 percent of the base of the priate for a discrete mission, the Corps is di- cludes language proposed by the Senate re- receiving project. Reprogrammed funds must rected to employ realistic measures of time saved and the full value of that time. garding Section 353 of Public Law 105–227. be excess to the source project. Section 116. The conference agreement in- GENERAL EXPENSES FLOOD CONTROL AND COASTAL EMERGENCIES cludes language proposed by the Senate for The conferees are aware that there has In light of the recent replenishment of the emergency project restoration at Middle Rio been a change in which audit organization Flood Control and Coastal Emergencies re- Grande bosque in and around Albuquerque, conducts the audit of the financial state- serve fund, the conferees have provided no New Mexico. additional funds for this account. The recent ments of the Army Corps of Engineers. Fur- Section 117. The conference agreement in- depletion of this account, however, calls at- ther, the conferees are aware that the budget cludes language proposed by the Senate tention to two areas of concern about how request included $7,000,000 for an audit of the amending Section 595 of the Water Resources this account is funded and administered. Corps of Engineers and the conferees have Development Act of 1999. First, the drawing down of funds which could not included funds for this audit. The con- Section 118. The conference agreement in- have been used to respond to actual emer- ferees direct that the Corps continue to cludes language proposed by the Senate gency events to meet routine administrative produce and provide audit information as it amending Section 560(f) of Public Law 106–53. and readiness expenses suggests that the Na- has in past years. Section 119. The conference agreement in- tion would be better served if response and GENERAL PROVISIONS cludes language, proposed by the Senate readiness funds were provided and adminis- CORPS OF ENGINEERS—CIVIL which further amends Section 219(f) of the tered separately. Second, justification pro- Section 101. The conference agreement in- Water Resources Development Act of 1992 vided by the Corps of Engineers suggests cludes language proposed by the House and (Public Law 202–580; 106 Stat. 4835), as that those administrative and readiness ex- the Senate, which places a limit on credits amended, to include authorization for waste- penses have grown to unacceptable levels. and reimbursements allowable per year and water infrastructure at Coronado, California. The Secretary is directed to consider per project. Section 120. The conference agreement in- changes in the separate management of Section 102. The conference agreement includes language, proposed by the Senate these funds, and to report to the Appropria- cludes language proposed by the House pro- amending Section 592(g) of the Water Re- tions Committees of the House and Senate hibiting the expenditure of funds related to a sources Development Act of 1999. within 180 days of enactment of this legisla- proposed landfill in Tuscarawas County, Section 121. The conference agreement in- tion into law. Ohio. cludes language, proposed by the Senate The Nation deserves the best, most reli- Section 103. The conference agreement in- amending the authorization for the Park able, most economical tools which tech- cludes language proposed by the Senate River, Grafton, North Dakota, project.

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.082 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11027 Section 122. The conference agreement in- Section 135. The conference agreement ization for the Perry Creek Flood Control cludes language proposed by the Senate that amends Section 504(a)(2) of the Water Re- project at Sioux City, Iowa. provides assistance for Schuylkill River sources Development Act of 1999 by striking Section 152. The conference agreement pro- Park in Philadelphia, Pennsylvania, pursu- ‘‘Kehly Run Dam’’ and inserting ‘‘Kehly Run vides language regarding Section 358 of Pub- ant to the Water Resources Development Act Dams’’. lic Law 105–53 for Elizabeth River, Chesa- Section 136. The conference agreement of 1996, and as contained in the February 2003 peake, Virginia. Corps of Engineers report. modifies the authorization for the McClel- Section 123. The conference agreement in- lan-Kerr Arkansas River Navigation project Section 153. The conference agreement pro- cludes language proposed by the Senate au- to a project depth of 12 feet. vides language amending Section 219(f) of thorizing the Corps of Engineers to imple- Section 137. The conference agreement in- the Water Resources Development Act of ment ecosystem restoration for the Gwynns cludes a provision to credit the non-Federal 1992. Falls Watershed in Baltimore, Maryland. sponsor for environmental dredging at Ash- Section 154. The conference agreement in- Section 124. The conference agreement in- tabula River, Ohio. cludes language modifying Flood Control cludes language proposed by the Senate au- Section 138. The conference agreement in- Act of 1938 provisions regarding the Mis- thorizing the Snake River Confluence Inter- cludes language providing authorization for sissippi River and Big Muddy River, Illinois. pretive Center in Clarkston, Washington. review of a feasibility report for waterfront Section 155. The conference agreement pro- Section 125. The conference agreement pro- development at Gateway Point, North Tona- vides authorization for a project to restore vides language providing direction for com- wanda, New York. pletion of the flood damage reduction gen- Section 139. The conference agreement in- lake depths at Moss Lake, Louisiana. eral reevaluation report for Mill Creek, Cin- cludes language affecting specific portions of Section 156. The conference agreement pro- cinnati, Ohio. the projects for navigation for Chicago River vides language amending the authorization Section 126. The conference agreement in- and Chicago Harbor, Illinois. for Manatee Harbor, Florida. cludes language amending Section 219(f)(25) Section 140. The conference agreement pro- Section 157. The conference agreement in- of the Water Resources Development Act of vides direction for activities under the au- cludes language which authorizes the Sec- 1992 relative to Lakes Marion and Moultrie, thority provided by Section 214 of the Water retary of the Army to conduct a study to de- South Carolina. Resources Development Act of 2000. termine the feasibility of carrying out a Section 127. The conference agreement in- Section 141. The conference agreement in- project for flood damage reduction in the cludes language amending Section 219(f) of cludes language regarding credits for Wolf Harris Gully Watershed, Harris County, the Water Resources Development Act of Lake, Indiana. Texas. 1992 relative to Charleston, South Carolina. Section 142. The conference agreement pro- Section 128. The conference agreement in- vides direction to the Secretary of the Army Section 158. The conference agreement includes language authorizing the project for involving credit for the cost of design work cludes language which provides that the Sec- flood damage reduction and environmental completed by the non-Federal interests for retary of the Army may carry out the Reach restoration of the American River Water- the Cook County, Illinois, project. J, Segment 1, element of the Morganza to shed, California and directs the Secretary of Section 143. The conference agreement in- the Gulf, Louisiana, project in accordance the Army to immediately commence studies cludes language regarding credits for the with the report of the Chief of Engineers, for and the design of a permanent bridge. non-Federal sponsor for Los Angeles Harbor, dated August 23, 2002, and supplemental re- Section 129. The conference agreement Los Angeles, California. port dated July 22, 2003. modifies the authorizing legislation and sub- Section 144. The conference agreement in- Provisions not included in the conference sequent modifications for the American and cludes language concerning credits for San agreement.—The conference agreement does Sacramento Rivers, California and directs Lorenzo, California. not include language, proposed by the Senate the Secretary to carry out the project. Section 145. The conference agreement in- to deauthorize inactive Corps of Engineers Section 130. The conference agreement includes language amending Section 219(f)(12) projects. cludes language allowing the Secretary of of the Water Resources Development Act of the Army to establish an environmental as- 1992 for the Calumet Region, Indiana. The conference agreement does not include sistance program for Placer and El Dorado Section 146. The conference agreement in- language, proposed by the Senate regarding Counties, California. cludes authorization regarding the Meramec the use of Power Marketing Administration Section 131. The conference agreement River Basin, Valley Park Levee project in receipts by the Corps of Engineers. amends Section 219(f)(23) of the Water Re- Missouri. The conference agreement does not include sources Development Act of 1992 for the Sac- Section 147. The conference agreement in- language, proposed by the Senate that limits ramento Area, California. cludes language modifying the authorization the minimum funding levels for Great Lakes Section 132. The conference agreement infor the flood control project for Saw Mill Remedial Action Plans and Sediment Reme- cludes language allowing the Secretary of Run, Pennsylvania. diation Programs, under the funding avail- the Army to establish an environmental as- Section 148. The conference agreement in- able for this program under General Inves- sistance program for the Upper Klamath cludes language which modifies the author- tigations. Basin, California. ization for the flood control project for Roa- Section 133. The conference agreement The conference agreement does not include noke River Upper Basin, Virginia. language, proposed by the Senate for pro- amends Section 219(f) of the Water Resources Section 149. The conference agreement in- viding funding to the International Moun- Development Act of 1992 for Placer and El cludes language modifying the authorization tain Bicycling Association under the Oper- Dorado Counties, California; and for Lassen, for the harbor deepening project at Bruns- ation and Maintenance, General, account. Plumas, Butte, Sierra, and Nevada Counties, wick Harbor, Georgia. California. Section 150. The conference agreement The conference agreement does not include Section 134. The conference agreement in- modifies the authorization for the flood con- language, proposed by the Senate for funding cludes language which authorizes funds to be trol project at Lackawanna River at to be made available under Construction, appropriated for the construction of a per- Olyphant, Pennsylvania. General, for future work under Section 560 of manent bridge for the American River Wa- Section 151. The conference agreement in- the Water Resources Development Act of tershed. cludes language which modifies the author- 1999.

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VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.084 H07PT1 Insert graphic folio 352/202 EH07NO03.051 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11079 TITLE II continue activities associated with the en- conferees direct the Bureau of Reclamation DEPARTMENT OF THE INTERIOR largement of Los Vaqueros Reservoir. to submit to the Committees on Appropria- The amount provided for the Friant Divi- tions within 90 days of enactment of this CENTRAL UTAH PROJECT sion of the Central Valley Project includes Act, a detailed report on the cost increase, CENTRAL UTAH PROJECT COMPLETION ACCOUNT $1,500,000 to continue Upper San Joaquin including an explanation of the elements The conference agreement appropriates River Basin storage investigations. that comprise the cost increase, the impact $38,191,000 to carry out the provisions of the The amount provided for Miscellaneous of the cost increase on the project schedule, Central Utah Project Completion Act as pro- Project Programs of the Central Valley and the need for additional authorization for posed by the House and the Senate. Project includes: $400,000 for the Kaweah completion of the project. Section 402(b)(3)(B) of the Central Utah River Delta Corridor Enhancement Study; The conference agreement includes Project Completion Act directed that the $3,500,000 to continue work on Sacramento $15,000,000 for the Columbia and Snake Riv- Secretary of Energy, out of funds appro- River fish screen projects; $1,000,000 for the ers Salmon Recovery Project. The con- priated to the Western Area Power Adminis- administration of storage, conveyance, water ference agreement does not include the tration, contribute funds annually to the use efficiency, ecosystem restoration, $4,000,000 requested by the Administration Utah Reclamation Mitigation and Conserva- science, and water transfer activities in sup- for construction activities that require addition Fund. On May 9, 2003, the Administra- port of the CALFED program; $1,000,000 for tional authorization. tion submitted a budget amendment pro- technical assistance to the State of Cali- The conference agreement includes an ad- posing to transfer that responsibility to the fornia; and an additional $2,000,000 for the ditional $270,000 for the Boise Area Projects Secretary of the Interior and requesting an Environmental Water Account. in Idaho to offset costs associated with water additional $6,000,000 in this account for that The amount provided for the Sacramento service contract renewals for Lucky Peak purpose. The conference agreement (Section River Division of the Central Valley Project Reservoir. The conferees direct the Bureau of 214) provides that this payment shall con- includes: an additional $1,800,000 for the Reclamation to not seek reimbursement of tinue to be made from funds appropriated to Glenn-Colusa Irrigation District fish passage these funds from water users. the Western Power Administration for ten improvement project, including funds for the The conferees have provided an additional years from the date of enactment of this Act. Bureau of Reclamation to reimburse the $700,000 under the Oklahoma Investigations BUREAU OF RECLAMATION Glenn-Colusa Irrigation District for costs in- Program for the Bureau of Reclamation to The summary tables at the end of this title curred by the District in excess of its non- continue studies of ways to better manage set forth the conference agreement with re- Federal cost-sharing requirement; $1,250,000 the resources of the Arbuckle-Simpson aqui- spect to the individual appropriations, pro- to continue planning and study activities for fer. The conference agreement includes $350,000 grams, and activities of the Bureau of Rec- Sites Reservoir, including an evaluation of for the Bend Feed Canal element of the lamation. Additional items of conference the utilization of both the GCID Main Canal Deschutes Project in Oregon. The conferees agreement are discussed below. and the Tehama-Colusa Canal as a means to convey water to the proposed reservoir; and understand that this funding will complete WATER AND RELATED RESOURCES $400,000 to continue work on the Colusa the Federal obligation for this project. The conference agreement appropriates Basin Integrated Resources Management The conference agreement deletes bill lan- $857,498,000 for Water and Related Resources Plan. guage proposed by the Senate regarding the instead of $817,913,000 as proposed by the The amount provided for the Shasta Divi- Mni Wiconi project in South Dakota. The House and $859,517,000 as proposed by the sion of the Central Valley Project includes amount appropriated for Water and Related Senate. $750,000 to continue the evaluation of poten- Resources includes $25,217,000 to continue The conference agreement includes tial impacts of the proposed Shasta Dam construction of the Mni Wiconi project. $4,500,000 for the Colorado River Front Work raise. The conference agreement includes $500,000 and Levee system project, $1,000,000 more The amount provided for the West San for the Bureau of Reclamation to continue a than the budget request. The Bureau of Rec- Joaquin Division of the Central Valley feasibility study of water supply infrastruc- lamation is directed to carry out the work Project includes $1,000,000 for implementa- ture improvements in Park City, Utah. The on the water management reservoirs near tion of the Westside Regional Drainage Plan. Senate had proposed to fund this effort with- the All American Canal and associated fa- The conferees have not provided the funds in the programs of the U.S. Army Corps of cilities under the authority of the Colorado requested for the payment of settlement Engineers. River Front Work and Levee System (P.L. costs in the case of Sumner Peck Ranch v. Bu- The conference agreement includes 585 and P.L. 560, as amended). reau of Reclamation. $4,000,000 for the Drought Emergency Assist- The conferees are concerned that the Bu- The conference agreement includes ance Program. Within the funds provided, reau of Reclamation is having to make ex- $4,000,000 for the Salton Sea Research $1,000,000 is for emergency assistance in Ne- cess releases of more than 100,000 acre-feet of Project in California, including $1,000,000 to braska, $1,000,000 is for assistance to the Nav- water per year from storage in Colorado continue environmental restoration efforts ajo Nation in New Mexico and Arizona, and River reservoirs in order to meet the deliv- at the New and Alamo Rivers, including ef- $1,000,000 is for the completion of emergency ery requirements of the 1944 Treaty with forts in and around Calexico, California, wells in Santa Fe, New Mexico. The con- Mexico. This is due to not counting Wellton- $1,000,000 to continue the Imperial Valley ference agreement includes language direct- Mohawk Irrigation and Drainage District groundwater assessment in cooperation with ing the Bureau of Reclamation to complete drainage flows that are bypassed to the Lawrence Livermore National Laboratory, the Santa Fe wells project through a cooper- Cienega de Santa Clara as part of the 1.5 mil- and $1,000,000 for additional work needed to ative agreement with the City of Santa Fe. lion acre-feet required to satisfy the Treaty. prepare for the construction of pilot desali- In addition, the conferees urge the Bureau of This loss of water has become particularly nation and demonstration facilities. Reclamation to provide full and fair consid- acute due to the drought in the Colorado The conferees have provided $1,835,000 for eration to the request for drought assistance River Basin. The loss of more than 100,000 the Southern California Investigations Pro- from the State of Hawaii. The conferees also acre-feet per year robs all seven basin states gram, including $300,000 to continue the encourage the Bureau of Reclamation to in- of badly needed water. Title I of the Colorado Chino Basin Conjunctive Use Project, and an vestigate the use of moisture sensor irriga- River Basin Salinity Control Act identified additional $400,000 for the Los Angeles Basin tion control systems and to give consider- construction and operation of the Yuma Watershed Water Supply Augmentation ation to a demonstration project on Bureau Desalting Plant as the solution to the agree- study. property at the Boulder City, Nevada, office. ment between the United States and Mexico The conference agreement includes bill The demonstration project would determine preferred by all parties. Accordingly, the language proposed by the House which pro- water savings that might be achieved by use conferees direct the Bureau of Reclamation vides that $10,000,000 of the funds appro- of moisture sensor irrigation control sys- to expedite its modifications of the plant to priated for Water and Related Resources tems where individual and separately adjust- accomplish state of the art operation, and shall be deposited in the San Gabriel Basin able moisture sensors are placed in each irri- accelerate the permitting and environmental Restoration Fund to continue the program gation zone on a landscape to monitor and compliance activities needed for operation of to design, construct, and operate projects to automatically terminate irrigation on a the plant. The Bureau of Reclamation is di- contain and treat the spreading groundwater zone-by-zone basis. rected to report to the House and Senate contamination in the San Gabriel and Cen- The conference agreement includes Committees on Appropriations on the status tral Groundwater Basins in California. $12,871,000 for the Endangered Species Recov- of those activities within 180 days of enact- The conference agreement includes ery Implementation Program, $500,000 below ment of this Act. $52,000,000 for the Bureau of Reclamation to the budget request. Of the amount provided, The amount provided for the Delta Divi- continue construction of the Animas-La $2,000,000 is for the program in the Platte sion of the Central Valley Project includes: Plata project in Colorado. The conferees are River basin. The conferees are very con- $1,000,000 for the Bureau of Reclamation to very concerned about the recently an- cerned about the lack of clear authority for continue design of an intertie between the nounced $162,000,000 cost increase for this the Bureau of Reclamation to participate in Delta-Mendota Canal and the California Aq- project. This cost increase threatens the this large, multi-year effort. Although the ueduct; $500,000 to continue oversight activi- project schedule set forth in the authorizing cost of the first increment of this program is ties in coordination with the CALFED Pro- legislation and the ability of the Congress to currently estimated at $75,000,000, the Bu- gram Implementation Plan; and $1,000,000 to continue to fund this important project. The reau of Reclamation indicates that costs

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.085 H07PT1 H11080 CONGRESSIONAL RECORD — HOUSE November 7, 2003 could be as much as $150,000,000. The only au- Restoration account as proposed by the financing should not be used to subvert the thority cited by the Bureau of Reclamation House and the Senate. will of the Congress as expressed in those for its participation in this effort is the En- The conferees have provided additional documents. Accordingly, the conferees direct dangered Species Act, which would seem to finds within the various units of the Central that the Bureau of Reclamation apply the limit Reclamation’s participation to ad- Valley Project under the Water and Related amount of underfinancing provided in this dressing impacts of operation of its projects Resources account for activities that support Act proportionately to all projects and ac- on the species at risk. The Commissioner of the goals of the California Bay-Delta Eco- tivities funded in the Water and Related Re- Reclamation testified that a specific author- system Restoration Program as proposed by sources account. As the year progresses, the ization for the program would provide clear- the Senate. The conferees are aware that leg- Bureau of Reclamation has available to it er guidance for the expenditure of funds. The islation to authorize this multi-year, multi- the normal reprogramming procedures to ad- conferees agree with that assessment and billion dollar program is under consideration just the funding levels for individual projects urge the Administration to work with the by the Congress, but has yet to be enacted. or activities to reflect actual project per- states and other Federal agencies to develop Absent such an authorization, it will be dif- formance. a specific authorization for this multi-year, ficult for the Congress to continue its sup- WORKING CAPITAL FUND multi-million dollar undertaking. port for this program. Therefore, the con- The conference agreement rescinds The conferees have provided $3,980,000 for ferees strongly urge the parties involved to the Title XVI Water Reclamation and Reuse $4,525,000 of unobligated balances in the work to enact an authorization for the pro- Program. Within the amount provided, Working Capital Fund as proposed by the gram so additional funding can be considered $2,000,000 is to continue support to the House and the Senate. in the fiscal year 2005 appropriations cycle. WateReuse Foundation’s research program, GENERAL PROVISIONS The additional funds provided in support of $300,000 is for the Alamogordo, New Mexico DEPARTMENT OF THE INTERIOR desalination study, and $200,000 is for the Bu- the program are to be used as described in Section 201. The conference agreement in- reau of Reclamation to work with local au- the Senate report except for storage inves- cludes language proposed by the House and thorities in Hawaii on water reclamation and tigations in the Upper San Joaquin Water- the Senate regarding the San Luis Unit and reuse opportunities as described in the Sen- shed, for which a total of $1,500,000 is pro- the Kesterson Reservoir in California. ate Report. vided, and activities related to Sites Res- The conference agreement includes ervoir, for which a total of $1,250,000 is pro- Section 202. The conference agreement in- $8,400,000 for the Bureau of Reclamation’s vided. cludes language proposed by the House and new Western Water Initiative. Of the funds Should funding requirements shift within the Senate which prohibits the use of funds provided, $1,000,000 is for the Desert Research the CALFED related activities funded within for any water acquisition or lease in the Mid- Institute to address water quality and envi- the Central Valley Project, the conferees dle Rio Grande or Carlsbad Projects in New ronmental issues in ways that will bring in- would consider requests to reprogram fund- Mexico unless the acquisition is in compli- dustry and regulators to mutually accept- ing within the designated CALFED items. ance with existing State law and adminis- able answers, $1,750,000 is for efficiency im- POLICY AND ADMINISTRATION tered under State priority allocation. provements in the Middle Rio Grande Con- Section 203. The conference agreement in- The conference agreement appropriates cludes language proposed by the House which servancy District, and $1,000,000 is for the $55,525,000 for Policy and Administration in- Bureau of Reclamation to enter into a stra- amends Section 206 of Public Law 101–514 re- stead of $56,525,000 as proposed by the House garding water supply contracts for Sac- tegic alliance with the International Center and instead of $54,425,000 as proposed by the for Water Resources Management at Central ramento County Water Agency and the San Senate. Juan Suburban Water District in California. State University in Ohio, the Ohio View Con- The conference agreement does not include sortium, and Colorado State University for Section 204. The conference agreement in- language proposed by the Senate regarding cludes language proposed by the House which the development of advanced remote sensing acquisitions made by the Department of the technologies for use in operational decisions authorizes and directs the Secretary of the Interior of articles, materials and supplies Interior to amend the Central Valley Project to deal with the current drought conditions, manufactured outside the United States. and to develop optimal strategies for man- water supply contracts for the Sacramento Contracting Out.—The conferees continue County Water Agency and the San Juan Sub- aging water resources to deal with future to be committed to increasing the con- constraining events. The House had proposed urban Water District by deleting a provision tracting out of the Bureau of Reclamation’s requiring a determination of annual water to fund this work under the Science and functions which can be reasonably performed Technology Program. In addition, the con- needs. in the private sector, particularly planning, Section 205. The conference agreement in- ferees urge the Bureau of Reclamation to un- engineering and design work. However, the dertake a pilot project for innovative water cludes language proposed by the House, conferees also believe that some Federal ca- modified to make technical corrections, re- conservation measures within the Klamath pability is necessary and needs to be main- Basin project. garding funds available in the Lower Colo- tained. The conferees are pleased that the rado River Basin Development Fund. The BUREAU OF RECLAMATION LOAN PROGRAM Bureau achieved the 10 percent target for fis- Senate bill included a similar provision. ACCOUNT cal year 2003, and look forward to working Section 206. The conference agreement in- The conference agreement includes $200,000 with the Commissioner to further the Ad- cludes language proposed by the House which for administrative expenses for the Bureau of ministration’s initiative in this area with re- provides that funds provided to the Bureau Reclamation Loan Program as proposed by gard to the Bureau of Reclamation. of Reclamation may be used for the payment the House and the Senate. Underfinancing.—The conferees are very of claims not exceeding $5,000,000. CENTRAL VALLEY PROJECT RESTORATION FUND concerned about the way the Bureau of Rec- Section 207. The conference agreement in- The conference agreement appropriates lamation applied underfinancing in the cludes language proposed by the Senate con- $39,600,000 for the Central Valley Project Water and Related Resources account for fis- cerning drought emergency assistance. Restoration Fund as proposed by the House cal year 2003. The conferees recognize that Section 208. The conference agreement in- and the Senate. the total amount of underfinancing and the cludes language proposed by the Senate re- Within the Anadromous Fish Restoration lateness of the fiscal year 2003 appropriation garding Endangered Species Act require- Program, the conferees urge the Bureau of placed the Bureau of Reclamation in a dif- ments on the Rio Grande River in New Mex- Reclamation to use $500,000 to facilitate co- ficult situation. However, the conferees be- ico. The language has been amended to state operative efforts between the Bureau of Rec- lieve that in fiscal year 2003, the Bureau of that the restrictions on changes to water de- lamation and local agencies or conservation Reclamation used underfinancing to inappro- liveries also apply to water stored in Heron entities in the Mill Creek Watershed to priately reduce funding for Congressional Reservoir, to clarify that it only applies to evaluate and undertake water diversion and priorities to the benefit of its own priorities. Federal and non-Federal actions addressed in fishery options on Mill Creek, and to develop The use of underfinancing is a recognition the March 17, 2003, Biological Opinion, and to guidelines for resource valuation and Res- that during the course of the year, it is inev- provide that subsection (b) shall remain in toration Fund crediting for restoration ac- itable that some projects and activities will effect for 2 years from the date of enactment tivities under the Central Valley Project Im- fall behind schedule for a wide variety of rea- of this Act. provement Act. sons. The conferees agree that under- The conferees recognize that the six Middle The conference agreement includes lan- financing should be applied against those ac- Rio Grande Pueblos (Sandia, Isleta, San guage proposed by the House which provides tivities or projects. However, underfinancing Felipe, Cochiti, Santa Ana, and Santo Do- that none of the funds made available from should not be used to pick winners and los- mingo) were not parties to the Silvery Min- the Central Valley Project Restoration Fund ers. The conferees remind the Bureau of Rec- now v. Keys, 333 F.3d 1109 (10th Cir. 2003) liti- may be used for the acquisition or leasing of lamation that current law provides that, gation. The conferees also recognize that the water for in-stream purposes if the water is ‘‘Appropriations shall be applied only to the ruling of the three judge panel may poten- already committed to in-stream purposes by objects for which the appropriations were tially impact them. The conferees therefore a court adopted decree or order. made except as otherwise provided by law.’’ direct the Secretary of the Interior to report CALIFORNIA BAY-DELTA ECOSYSTEM (31 U.S.C. 1301). The best expression of the to Congress, within 180 days of the enact- RESTORATION purposes for which funds are appropriated ment of this Act, on the impact of the ruling The conference agreement includes no are the House and Senate reports which ac- on the Pueblos’ water rights and water deliv- funds in the California Bay-Delta Ecosystem company appropriations acts. Under- eries with regard to the enforcement of the

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.086 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11081 silvery minnow biological opinion by the Bu- garding contributions of the Western Area the Interior to undertake activities at Sav- reau of Reclamation. Power Administration to the Utah Reclama- age Rapids Dam in Oregon. Section 209. The conference agreement in- tion Mitigation and Conservation Account. cludes language proposed by the Senate Section 215. The conference agreement in- Section 221. The conference agreement in- which reforms the Endangered Species Col- cludes language proposed by the Senate re- cludes language extending certain irrigation laborative Program. The language has been garding a feasibility study in the Tualatin project contracts in Wyoming and Nebraska. amended to change the representation in the River Basin in Oregon. Provisions not included in the conference Collaborative Program executive committee Section 216. The conference agreement in- agreement.—The conference agreement does and change the effective date of the section. cludes language proposed by the Senate re- not include language proposed by the Senate Section 210. The conference agreement in- garding Indian water rights settlements in regarding the Bureau of Reclamation pro- cludes language proposed by the Senate re- the State of Arizona. gram to provide grants to institutions of garding the Tularosa Basin National Re- Section 217. The conference agreement in- search Facility in New Mexico. cludes language proposed by the Senate re- higher learning to support the training of Section 211. The conference agreement in- garding the restoration of fish and wildlife Native Americans to manage their water re- cludes language proposed by the Senate re- habitat in the vicinity of Fallon, Nevada. sources. The fiscal year 2003 Energy and garding feasibility studies undertaken in The language has been amended to make Water Development Appropriations Act connection with CALFED-related activities. technical corrections. made this provision permanent. Section 212. The conference agreement in- Section 218. The conference agreement in- The conference agreement does not include cludes language proposed by the Senate re- cludes language which extends the terms of language proposed by the Senate providing garding the Western Water Initiative. Sacramento River Settlement Contracts. Section 213. The conference agreement in- Section 219. The conference agreement in- funds for the Middle Rio Grande project in cludes language proposed by the Senate cludes language which amends the authoriza- New Mexico and the Lake Tahoe Regional amending the Hawaii Water Resources Act of tion to construct temperature control de- Wetlands Development project in California 2000. vices at Folsom Dam in California. and Nevada. Funding for those projects is in- Section 214. The conference agreement in- Section 220. The conference agreement included within the amount appropriated for cludes language proposed by the Senate re- cludes language authorizing the Secretary of Water and Related Resources.

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TITLE III REPROGRAMMING GUIDELINES Biomass/biofuels.—The conference agree- DEPARTMENT OF ENERGY The conferees require the Department to ment includes $75,000,000 for biomass/ The summary tables at the end of this title promptly and fully inform the House and biofuels. As in prior fiscal years, the con- set forth the conference agreement with re- Senate Committees on Appropriations when ferees have combined the subprograms for power systems and transportation into a sin- spect to the individual appropriations, pro- a change in program execution or funding is gle program for biomass/biofuels and no grams, and activities of the Department of required during the fiscal year. A reprogram- longer provide separate allocations for power Energy. Additional items of conference ming includes the reallocation of funds from systems and transportation. The conference agreement are discussed below. one activity to another within an appropria- agreement includes $20,000,000, the amount of SAFEGUARDS AND SECURITY FUNDING tion, or any significant departure from a program, project, or activity described in the the request, for the Bioconversion Produc- The conferees agree with House concerns tion Integration Program. agency’s budget justification as presented to about the problems with direct funding of The conference agreement includes and approved by Congress. For construction safeguards and security and the desirability $3,000,000 for the Consortium for Plant Bio- projects, a reprogramming constitutes the of returning to indirect funding of these technology Research (CPBR), of which reallocation of funds from one construction costs, with appropriate controls and report- $750,000 is for CPBR research in Ohio and project identified in the justifications to an- ing. However, the conferees also recognize $1,000,000 is for CPBR research at the Univer- other project or a significant change in the the difficulty in making such a shift in one sity of Kentucky; $1,000,000 for the E-Diesel scope of an approved project. fiscal year, and that safeguards and security research project by the National Corn Grow- A reprogramming should be made only requirements may change significantly with ers Association; $1,000,000 for the Iowa State when an unforeseen situation arises, and implementation of the revised Design Basis University Center for Catalysis; $1,000,000 for then only if delay of the project or the activ- Threat. Therefore, the conferees instruct the work on biobased products by the New Uses ity until the next appropriations year would Department to continue budgeting safe- Information and Entrepreneur Development result in a detrimental impact to an agency guards and security funding as a separate Center in Belvidere, Illinois; $300,000 for the program or priority. The Department should line item in fiscal year 2005, and to transi- University of Louisville Ethanol Production not submit reprogrammings in the fourth tion back to indirect funding of these costs from Biomass large-scale facility design quarter of the fiscal year unless necessitated beginning in fiscal year 2006. The conferees project; $2,000,000 for the development of sus- by an unforeseeable change in external cir- are receptive to a phased implementation tainable biobased products and bioenergy at cumstances. Reprogrammings may also be during this transition period, beginning with Purdue University in cooperation with the considered if the Department can show that single-purpose projects and sites in fiscal Midwest Consortium for Sustainable significant cost savings can accrue by in- year 2006 and addressing the more complex Biobased Products and Bioenergy; $3,000,000 creasing funding for an activity. Mere con- multi-program sites in subsequent fiscal for continued work on the Gridley Rice venience or desire should not be factors for years. Straw Project; $1,000,000 for the McMinnville consideration. Biodiesel Project; $960,000 for the Mount HOMELAND SECURITY-RELATED WORK Reprogrammings should not be employed Mass CC Bio Wood Gasification Project; and The conferees concur with the House-pro- to initiate new programs or to change pro- $200,000 for the North Central Texas Dairy posed requirement for an annual report on gram, project, or activity allocations specifi- Waste Control Pilot Project. all homeland security work being performed cally denied, limited, or increased by Con- The conference agreement includes by Department of Energy (DOE) contractors, gress in the Act or report. In cases where un- $1,000,000 for the Mississippi State Biodiesel including direct funded DOE work, work for foreseen events or conditions are deemed to Production Project; $1,000,000 for Maine For- other agencies, laboratory directed research require such changes, proposals shall be sub- est Bioproducts research and development; and development, and work funded via any mitted in advance to the Committees and be $1,000,000 for the University of Tennesssee other funding mechanism. fully explained and justified. Switchgrass Demonstration Project; $250,000 PROJECT MANAGEMENT The conferees have not provided statutory for clean energy from the gasification of The conferees support language included in language to define the reprogramming guide- switchgrass at Iowa State University; the House report regarding the efforts to im- lines, but do expect the Department to fol- $300,000 for the Missouri Soybean Association prove the Department’s construction and low the spirit and the letter of the guidance biodiesel demonstration; and $500,000 for re- project management. provided in this report. The conferees have search in Nebraska on improved soybean oil not provided the Department with any inter- for biodiesel fuel. FACILITIES AND INFRASTRUCTURE nal reprogramming flexibility in fiscal year The conference agreement includes The conferees agree with House language 2004, unless specifically identified in the $2,000,000 for the Regional Biomass Energy regarding the need to strengthen and stand- House, Senate, or conference reports. Any re- Program; $750,000 for the On-Farm Small ardize management of the Department’s fa- allocation of new or prior year budget au- Scale Waste Energy Demonstration Project; cilities and infrastructure (F&I) activities thority or prior year deobligations must be $1,000,000 for the Oxydiesel demonstration throughout all programs of the Department. submitted to the Committees in writing and program in California and Nevada; $500,000 The conferees urge the Department to com- may not be implemented prior to approval for a biorefinery at the Louisiana State Uni- pete contracts for the decontamination, de- by the Committees on Appropriations. versity Agricultural Center; $500,000 for the commissioning, and demolition of excess fa- Center for Biomass Utilization at the Uni- REDUCTIONS NECESSARY TO ACCOMMODATE cilities to the maximum extent practicable, versity of North Dakota; $400,000 for the SPECIFIC PROGRAM DIRECTIONS and to identify the costs for removing these Vermont Biomass Energy Center; $250,000 for excess facilities in construction project data The Department is directed to provide a re- the biomass/cogeneration project at North sheets. port to the House and Senate Committees on Country Hospital; $500,000 for the gasifi- Appropriations by March 30, 2004, on the ac- SAFETY AT DOE FACILITIES cation of switchgrass at the University of tual application of any general reductions of Iowa; $1,000,000 for the Ag-Based Industrial The conferees concur with the House lan- funding or applications of prior year bal- guage requiring an annual report on the Lubricants Center at the University of ances contained in this conference agree- Northern Iowa; and $2,000,000 for the Michi- backlog of safety deficiencies at National ment. Such reductions are to be applied pro- Nuclear Security Administration and defense gan Biotechnology Initiative. In addition, portionately against each program, project, the conferees direct the Department to con- cleanup sites and the estimated cost and or activity. If necessary, the Department schedule for corrective actions. tinue the Iowa switchgrass project at agreed- must submit a reprogramming to reallocate upon levels. LABORATORY DIRECTED RESEARCH AND funds if the proportional reduction unduly Geothermal.—The conference agreement in- DEVELOPMENT impacts a specific program, project, or activ- cludes $26,000,000 for geothermal activities. The conferees agree with the House con- ity. The conferees direct the Department to concerns regarding the Laboratory Directed Re- ENERGY SUPPLY tinue funding university research and search and Development (LDRD) program The conference agreement provides Geopowering the West at the fiscal year 2003 and with the guidance to streamline the an- $737,537,000 for Energy Supply instead of funding level. The conference agreement in- nual LDRD report to Congress. $691,534,000 as proposed by the House and cludes $1,000,000 for the Full Circle Project in AUGMENTING FEDERAL STAFF $920,357,000 as proposed by the Senate. Lake County, California, and $1,000,000 for geothermal research at the University of Ne- The conferees agree that the number of RENEWABLE ENERGY RESOURCES management and operating contractor em- vada-Reno. The conference agreement provides Hydrogen.—The conference agreement in- ployees assigned to the Washington metro- $344,400,000 instead of $330,144,000 as proposed cludes $78,000,000 for hydrogen activities. The politan area shall not exceed 220 in fiscal by the House and $358,476,000 as proposed by conferees remind the Department that the year 2004, the same as the fiscal year 2003 the Senate for renewable energy resources. requirements for competition and industry ceiling. The reporting requirements remain The conference agreement does not include cost sharing, as specified in the Hydrogen as proposed by the House. language specifying funding allocations as Future Act of 1996 (P.L. 104–271, 42 U.S.C. STRATEGIC INITIATIVE AND BUSINESS contained in the House and Senate reports. 12403), apply to this research, and urge the DEVELOPMENT FUNDS As in fiscal year 2003, funds for Renewable Department to compete the hydrogen re- The conferees agree with the guidance pro- Energy Resources shall remain available search program to the fullest extent pos- vided in the House report. until expended. sible.

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.088 H07PT1 H11094 CONGRESSIONAL RECORD — HOUSE November 7, 2003 From within available funds, the Depart- the Department seeks funds for Zero Energy National Climate Change Technology Initia- ment is directed to spend not less than Buildings in fiscal year 2005, it should re- tive.—The conferees provide no funds for this $2,500,000 for a competitive solicitation for quest those funds as part of its Interior and initiative, consistent with the rationale pro- solid oxide fuel cell research. The conference Related Agencies appropriation request. vided in the House and Senate reports. agreement also includes $1,000,000 for the Wind.—The conference agreement includes Facilities and Infrastructure.—The con- Lansing Community College Alternative En- $41,600,000 for wind programs. The conference ference agreement provides the requested ergy Center; $3,000,000 for the Edison Mate- agreement includes $147,000 for a wind farm amount of $4,200,000 for the National Renew- rials Technology Center to develop improved feasibility study by Saint Francis Univer- able Energy Laboratory (NREL) and includes materials to support the hydrogen economy; sity; $300,000 for the Saginaw Chippewa Wind an additional $4,000,000 to initiate construc- $3,000,000 for the National Center for Manu- Energy Development Project; $500,000 for the tion of the new Science and Technology fa- facturing Sciences to develop advanced man- Vermont Wind Energy Program; and cility at NREL (project 02–EERE–001). Fund- ufacturing technologies for renewable energy $1,000,000 to continue the ongoing wind turing for the new Energy Reliability and Effi- applications; $2,000,000 for the HI–Way Initia- bine effort in Bellevue, Washington. The ciency Laboratory at Oak Ridge National tive in New York State; $1,000,000 for the Wind Powering America initiative is to be Laboratory (project 04–E–TBD) is provided in Shared Technology Transfer Program by continued at last year’s funding level. The the new Electricity Transmission and Dis- Nicholls State University; $2,000,000 for the conferees continue to recognize the need for tribution account. The conference agreement Florida Hydrogen Partnership; $2,000,000 for a set-aside for small wind programs. The includes $5,000,000 for the National Center on fuel cell research by the University of South conferees are aware that the potential for ex- Energy Management and Building Tech- Florida; $2,000,000 for fuel cell development panding wind generated energy to new loca- nologies. for distributed generation and carbon seques- tions is significant, but further development Program direction.—The conference agree- tration in Northwest Indiana; $3,000,000 for in the Dakotas and the Upper Midwest is sty- ment includes $12,600,000 for program direc- the Hydrogen Regional Infrastructure Pro- mied by transmission constraints. The con- tion. gram in Pennsylvania; $955,000 for the ferees are committed to developing the po- Use of prior year balances.—The conference Evermont hydrogen electrolyzer project; tential of wind energy in the United States agreement includes the use of $13,000,000 of $300,000 for the residential fuel cell dem- and especially on tribal lands. The conferees prior year funds carried over from fiscal year onstration by the Delaware County Electric direct the Department to work with the 2003 to offset fiscal year 2004 requirements. Cooperative; and $2,200,000 for the Expanding transmission industry to conduct a com- ELECTRICITY TRANSMISSION AND DISTRIBUTION Clean Energy Research and Education Pro- prehensive analysis of upper Midwest wind The conference agreement provides gram at the University of South Carolina. energy locations and transmission require- $82,377,000 for the new Office of Electricity The conference agreement includes $750,000 ments and to report to the Committees on Transmission and Distribution, $5,000,000 for the Hydrogen Futures Park at the Uni- Appropriations by May 31, 2004. over the requested amount. The conferees versity of Montana; $2,000,000 for the Fuel Electricity Reliability.—The funds originally provide the additional $5,000,000 for the De- Cell Mine Loader and Prototype Locomotive; requested for Electricity Reliability are pro- partment of Energy to complete its inves- $3,000,000 for the evaluation of solar-powered vided under the new Electricity Trans- tigation into the causes of the August 14th, thermo-chemical production of hydrogen mission and Distribution account within the 2003 blackout. These funds shall be used to from water at the University of Nevada-Las Energy Supply appropriation, as requested conduct an extensive investigation, to in- Vegas; $3,000,000 for the University of Ne- by the Department. clude modeling and analysis, of the various vada-Las Vegas renewable hydrogen fueling Intergovernmental Activities.—The con- electrical and System Control and Data station system; $500,000 for the Startech Hy- ference agreement includes $15,000,000 for re- Analysis (SCADA) systems, the reliability drogen Production Project; $2,000,000 for the newable support and implementation. This rules, systems operations and other factors, hydrogen fuel cell project for the Regional amount includes $6,000,000 for the inter- such as cyber situations and disturbances, Transportation Commission of Washoe Coun- national renewable energy program, includ- that might have caused or contributed to the ty, Nevada; $500,000 for the Hawaii Hydrogen ing $2,000,000 for the International Utility Ef- outage. Center for Development and Deployment of ficiency Partnership (IUEP); $5,000,000 for Within available funds, the conferees urge Distributed Energy Systems; and $500,000 for tribal energy activities, including $1,000,000 the Department to continue its high tem- the Smart Energy Management Control Sys- for the Council of Renewable Energy Tribes perature superconductivity research and de- tem. (CERT), $1,300,000 for the Intertribal Council velopment program at the requested level of Hydropower.—The conference agreement on Utility Policy, and $1,000,000 for the Pyr- $47,838,000. The conference agreement also in- provides $5,000,000 for hydropower, including amid Lake Paiute Tribe Renewable Energy cludes the requested $750,000 for the new En- $400,000 to assess low head and low power hy- Park; and $4,000,000 for the Renewable En- ergy Reliability and Efficiency Laboratory dropower resources. ergy Production Incentive (REPI). From at Oak Ridge National Laboratory (project Solar Energy.—The conference agreement within available funds, the conference agree- 04–E–TBD), and removes the industry cost includes $85,000,000 for solar energy pro- ment provides $750,000 for the Renewable En- sharing requirement for this facility as programs. As in prior fiscal years, the conferees ergy Policy Project. posed in the budget request. The industry have combined the concentrating solar The conferees adopt the Senate proposal cost sharing requirement applies to research power, photovoltaic energy systems, and for the Clean Energy Technology Exports activities, not to construction of this new fa- solar building technology subprograms into (CETE) initiative, requiring the interagency cility. The Department should include full a single program for solar energy, with the group, through the Department of Energy funding for the construction and operation of control level at the solar energy program ac- and other Federal agency partners, to pro- the facility in future budget requests. count level. vide the Appropriations Committees with a The conference agreement includes The conferees include $5,500,000 from with- report, no later than January 15, 2004, on the $4,000,000 to continue research on aluminum in available funds for concentrating solar status of the implementation of the strategic matrix composite conductors; $3,000,000 for power (CSP). Of these funds, $1,000,000 is pro- plan and specific actions that each of the research into lead carbon acid asymmetric vided for industry based 20–25 kW Dish-Stir- participating agencies have taken in fiscal supercapacitors; $300,000 for research on ad- ling and the Department is directed to con- year 2003 and will take in fiscal year 2004 to vanced ceramic engines and materials for en- tinue with deployment of the 1.0 MW dish en- engage non-governmental, private sector, ergy applications; $1,000,000 for a joint re- gine project. If the Department needs more and other international partners. In addi- search program between Wright State Uni- than $5,500,000 in fiscal year 2004 to regain tion, the conferees direct the Department to versity and the University of Albany, in col- lost momentum in the CSP program, the make $400,000 available to establish an inter- laboration with Wright Patterson Air Force conferees urge the Department to seek a re- agency CETE center in the Office of Inter- Base, to enhance the performance of second- programming. national Energy Market Development. All generation, high temperature coated super- The conference agreement includes $250,000 energy technology program offices and other conductors; $2,000,000 for the PowerGrid sim- for the solar energy project in Yucca Valley, agencies participating in the CETE initia- ulator at Drexel University and the New Jer- California; $400,000 for the Center for Eco- tive are urged to contribute to this nine- sey Institute of Technology; $500,000 for the logical Technology; and $500,000 for the agency effort. To provide further leverage Center for Distributed Generation and Ther- Hackensack University Green Building Med- for this initiative, the Department should mal Distribution at Washington State Uni- ical Center. The Department should continue also consider establishing a Federal Advisory versity; $1,000,000 for electricity trans- funding for the Southeast and Southwest Committee Act board and complementary mission research at the University of Mis- photovoltaic experiment stations and the demonstration and deployment efforts. souri-Rolla; $300,000 for research at the Geor- Million Solar Roofs program at current year Renewable Support and Implementation.— gia Institute of Technology on the use of re- levels. The conference agreement provides $6,000,000, cycled carpet as fuel for kilns; $1,000,000 for Zero Energy Buildings.—The conference including $2,000,000 for departmental energy distributed generation projects in Northwest agreement does not provide any separate management and $4,000,000 to continue the Indiana; $2,000,000 for the Connecticut Power funds for Zero Energy Buildings in fiscal efforts of the National Renewable Energy Technologies project; $3,000,000 for the Elec- year 2004, although the Department is di- Laboratory (NREL) to develop renewable en- tric Infrastructure Technology, Training, rected to spend up to $4,000,000 of available ergy resources uniquely suited to the South- and Assessment Program in Pennsylvania; funds within Solar Energy for Zero Energy western United States through its virtual and $1,000,000 for the Indian Point Energy Building activities related to solar energy. If site office in Nevada. Center Study in New York.

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.089 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11095

The conference agreement includes directed to use $15,000,000 provided under the ENERGY SUPPLY INFRASTRUCTURE $3,000,000 for the Navajo electrification dem- Generation IV initiative to begin the re- The conference agreement does not include onstration program; $1,000,000 to continue search, development, and design work for an this new program as proposed by the Senate. development of the bipolar nickel metal hy- advanced reactor hydrogen co-generation FUNDING ADJUSTMENTS dride battery storage system; $250,000 for the project at Idaho National Laboratory. Microgrid distributed generation prototype The $6,500,000 made available for the nu- The conference agreement includes a gen- in Vermont; $500,000 for the Natural Energy clear hydrogen initiative includes $2,000,000 eral reduction of $10,000,000, and an offset of Laboratory in Hawaii to continue develop- to support research and development on high $3,003,000 for the safeguards and security ment and deployment of distributed energy temperature electrolysis and sulfur-iodine charge for reimbursable work, as proposed in systems; $2,000,000 for research, development, thermochemical technologies necessary to the budget request. and demonstration of advanced thermal en- support the advanced reactor hydrogen co- NON-DEFENSE SITE ACCELERATION ergy storage technology integrated with re- generation project at Idaho National Labora- COMPLETION newable thermal energy technology; and tory, and $2,000,000 for the University of Ne- The conference agreement provides $400,000 for the Dine´ Power Authority. vada-Las Vegas Research Foundation to con- $163,375,000 for Non-Defense Site Accelera- tinue the development, in partnership with NUCLEAR ENERGY tion Completion instead of $170,875,000 as industry and national laboratories, of an ef- The conference agreement provides proposed by the House and $171,875,000 as pro- ficient high temperature heat exchanger. posed by the Senate. None of these funds are $300,763,000 for nuclear energy activities in- Within the funds available for AFCI, the available for economic development activi- stead of $268,016,000 as proposed by the House conference agreement includes $2,000,000 for and $437,422,000 as proposed by the Senate. ties. the Idaho Accelerator Center; $3,500,000 for 2006 Accelerated Completions.—The con- The conference agreement does not include the University of Nevada-Las Vegas; and ference agreement provides $48,677,000, the language specifying funding allocations as $3,000,000 for directed research aimed at en- same as the budget request, including the re- contained in the House and Senate reports. hancing university-based collaborations on quested amounts of $37,520,000 for soil and With the designation of the Office of Nuclear AFCI. The conferees also direct the Sec- water remediation and graphite research re- Energy, Science and Technology as the lead retary to conduct the study, described in actor decommissioning at Brookhaven Na- office with landlord responsibilities for the more detail in the Senate report, to identify tional Laboratory, $3,272,000 for soil and Idaho site, $112,306,000 of costs are allocated the necessary capacities and time scales for water remediation at Lawrence Berkeley Na- to the 050 budget function and are funded in implementation of advanced recycle tech- tional Laboratory, and $2,416,000 for soil and the Other Defense Activities account. The nologies, and to report to Congress by March water remediation at the Stanford Linear Department should follow this structure in 2005 with quantitative goals for the AFCI its fiscal year 2005 budget submission. work. The conferees expect the Department Accelerator Center. 2012 Accelerated Completions.—The con- Radiological Facilities Management.—The Of- to partner with universities and industry, as ference agreement provides $119,750,000, the fice of Nuclear Energy, Science and Tech- well as use existing expertise at national lab- nology operates a variety of facilities and oratories, in this effort. same as the budget request, including the re- equipment to support the needs of space, de- Idaho Facilities Management.—The con- quested amounts of $99,558,000 for the West fense, and medical customers who obtain ra- ference agreement provides $42,615,000 for Valley Demonstration Project, $1,320,000 for diological materials from the Department of ANL–West operations, including an addi- the High Flux Beam Reactor at Brookhaven Energy on a reimbursable basis. tional $5,000,000 for the addition of a high National Laboratory, and $18,467,000 for de- Space and defense power systems infrastruc- temperature gas loop in the Advanced Test contamination and decommissioning of the ture.—The conference agreement includes Reactor and $6,000,000 for deferred landlord Energy Technology Engineering Center. $36,230,000 to maintain the infrastructure activities and critical infrastructure needs. 2035 Accelerated Completions.—The con- necessary to support future national secu- The conference agreement provides ference agreement provides $4,948,000, includ- rity needs and National Aeronautics and $31,605,000 for infrastructure at the Idaho Na- ing an additional $2,500,000 to provide a total Space Administration missions. tional Engineering and Environmental Lab- of $4,500,000 to accelerate remediation of the Medical isotopes infrastructure.—The con- oratory (INEEL), of which $21,415,000 is allo- Atlas uranium mill tailings site in Moab, ference agreement includes $28,425,000 for the cated to the 050 budget function. The con- Utah. The conference agree- medical isotope program. From within avail- ference agreement provides the requested Funding adjustment.— ment includes an adjustment of $10,000,000 able funds, the Department is directed to amounts of $500,000 for project 95–E–201 and for the use of prior year balances. provide $4,000,000 for upgrades of radiological $1,840,000 for project 99–E–200, both at the facilities at Oak Ridge National Laboratory. Test Reactor Area. NON-DEFENSE ENVIRONMENTAL SERVICES University reactor fuel assistance and sup- Idaho Sitewide Safeguards and Security.— The conference agreement provides port.—The conference agreement includes The conference agreement provides $339,468,000 for non-defense environmental $23,500,000, an increase of $5,000,000 over the $56,654,000 for Idaho sitewide safeguards and services, an increase of $47,347,000 over the budget request. The conferees provide an ad- security. Consistent with the request, all of budget request. None of these funds are ditional $2,500,000 to fund more regional uni- these costs are assigned to the 050 budget available for economic development activi- versity reactor consortia, and the conferees function. ties. Additional funds are provided for the strongly encourage the Department to re- Program direction.—The conference agree- depleted uranium hexaflouride conversion quest sufficient funding in future years to ment includes $59,200,000 for program direc- project at Paducah and for cleanup activities fund all meritorious proposals. The conferees tion. Of this amount, $34,815,000 is assigned at Portsmouth, and for the non-defense costs also provide an additional $2,500,000 to pay to the 050 budget function. of the new Office of Legacy Management. for the university costs of transporting spent Funding adjustments.—The conferees direct Community and regulatory support.—The nuclear fuel from university reactors. The the Department to use $20,000,000 of prior conference agreement provides $1,034,000, the conferees encourage the Department to sup- year funds to meet a portion of the Depart- same as the budget request. port the new graduate program in nuclear ment’s liability stemming from the termi- Environmental cleanup projects.—The con- engineering at the University of South Caro- nation of the contract with the Ohio Valley ference agreement provides $43,842,000, the lina and the new program being considered Electric Corporation for power to supply the same as the budget request. at the University of Nevada-Las Vegas. Portsmouth Gaseous Diffusion Plant. The Office of Legacy Management (non-de- Research and development.—The conference conference agreement also includes an offset fense).—The conference agreement includes agreement provides $132,500,000 for nuclear of $112,306,000 from Other Defense Activities, $28,347,000 for the non-defense share of the energy research and development activities, which represents the contribution for the de- costs of the new Office of Legacy Manage- an increase of $5,475,000 over the budget re- fense share of costs at the Idaho site. ment, which is funded primarily under the quest. The conference agreement includes ENVIRONMENT, SAFETY AND HEALTH Other Defense Activities account. $3,000,000 for nuclear energy plant optimiza- The conference agreement provides Non-closure environmental activities.—The tion (NEPO), $11,000,000 for the nuclear en- $23,000,000 for non-defense environment, safe- conference agreement provides $276,245,000, ergy research initiative (NERI), $44,000,000 ty and health activities, which include an increase of $29,000,000 over the request. for nuclear energy technologies, $6,500,000 for $16,000,000 for program direction. The con- The conference agreement includes an addi- the nuclear hydrogen initiative, and ference agreement includes the transfer of tional $12,000,000 for construction of the de- $68,000,000 for the Advanced Fuel Cycle Ini- $2,000,000 to the Occupational Safety and pleted uranium hexaflouride conversion tiative (AFCI). Health Administration (OSHA) for the costs project at Paducah, Kentucky. The con- Within the funds provided for NEPO, the of OSHA regulation of worker health and ference agreement also provides an addi- conferees include $1,000,000 to expand the safety at DOE’s non-nuclear facilities not tional $17,000,000 to continue the Depart- transfer of the Mechanical Stress Improve- covered under the Atomic Energy Act, and ment’s activities at Portsmouth, including ment Process (MSIP) technology to other to complete the ongoing safety audits of enhanced cold standby, deposit removal, countries in the former Soviet Union. DOE’s ten Science laboratories. The con- cleanup of technetium–99 contamination, Of the $44,000,000 made available for nu- ferees concur with the revised date of May and accelerated cleanup of the Gaseous Cen- clear energy technologies, $20,000,000 is for 31, 2004, as proposed by the House for the sub- trifuge Enrichment Plant (GCEP). The De- Nuclear Power 2010 and $24,000,000 is for the mission of these audits and associated cost partment is encouraged to work with the Generation IV initiative. The Department is estimates. contractors and the unions to redeploy the

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.091 H07PT1 H11096 CONGRESSIONAL RECORD — HOUSE November 7, 2003 existing cold standby workforce to this vari- ics, $2,500,000 over the budget request. The search Center in Pennsylvania; $500,000 for ety of tasks in fiscal year 2004. The conferees additional funds are provided for research genomics research at Indiana University; encourage the Department to continue the and development and preconceptual design $1,000,000 for the Illinois Museum of Science existing barter arrangement for part of fiscal activities in support of the Rare Isotope Ac- and Industry; $1,000,000 for the Georgia State year 2004 to resolve the problem of uranium celerator. The conferees encourage the De- University Science Research & Teaching contaminated with technetium–99, and direct partment to increase operational time for Lab; $1,000,000 for the Northwestern Univer- the Department to budget funds for this ac- the Continuous Electron Beam Accelerator sity Institute of Bioengineering and tivity in fiscal year 2005. The conference Facility at the Thomas Jefferson National Nanoscience in Medicine; $500,000 for the Nu- agreement also includes a reduction of Accelerator Facility and to move forward ex- clear Resonance Mass Spectrometer at the $323,000 for Oak Ridge cleanup activities as peditiously with the 12GeV upgrade for this University of Massachusetts Medical School; requested by the Department. facility. $500,000 for St. Joseph Hospital in Arizona; Funding adjustment.—The conference agree- Biological and environmental research.—The $500,000 for Comparative Functional ment includes the use of $10,000,000 of prior conference agreement includes $592,000,000 Genomics at New York University; $1,000,000 year balances to offset fiscal year 2004 spend- for biological and environmental research, for Augsburg College; $1,000,000 for the Bronx ing. an increase of $92,465,000 over the budget re- Community Center for Sustainable Energy; URANIUM ENRICHMENT DECONTAMINATION AND quest. The conference agreement provides an $1,000,000 for the Carolinas Medical Center; DECOMMISSIONING FUND additional $5,000,000 for the Genomes to Life $1,000,000 for the Michigan Technology Cen- The conference agreement provides program, an additional $2,000,000 for the En- ter for Nanostructure and Light Weight Ma- $416,484,000 for activities funded from the vironmental Molecular Sciences Laboratory, terials; $500,000 for the Tri-State University Uranium Enrichment Decontamination and and $5,000,000 to develop new molecular im- Technology Center; $2,000,000 for the Notre Decommissioning Fund, instead of aging probes. The conference agreement pro- Dame Multi-Discipline Engineering Center; $392,002,000 as proposed by the House and vides the requested amounts of $7,776,000 for and $1,000,000 for the University of Southern $396,124,000 as proposed by the Senate. None the Savannah River Ecology Laboratory and California Center for Excellence in of these funds are available for economic de- $17,496,000 for low dose radiation research. Neurogenetics. velopment activities. The conference agreement provides $250,000 The conference agreement includes This agreement includes $365,484,000 for de- for surgical robotics research at the Keck $10,000,000 for the Mental Illness and Neuro- contamination and decommissioning activi- Cancer Center with the Cleveland Clinic; science Discovery Institute; $2,000,000 for the ties. This amount includes an increase of $250,000 for the Genomics Laboratory at University of New Mexico medical building; $2,000,000 over the request to continue sup- SUNY-Oneonta; $750,000 for the San Antonio $2,500,000 for the University of Northern Iowa port of the Kentucky Consortium for Energy Cancer Therapy and Research Center; building design and engineering; $500,000 for and Environment. Given that the Depart- $250,000 for the University of South Alabama the University of Dubuque Environmental ment and the State of Kentucky have Cancer Center; $250,000 for the University of Science Center; $750,000 for the University of reached agreement on accelerated cleanup South Carolina study of groundwater con- Missouri Cancer Center; $1,000,000 for the for the Paducah site, the conference agree- tamination; $750,000 for the Jacksonville Earth University Foundation in Georgia; ment restores the $26,122,000 reduction pro- University Environmental Science Center; $750,000 for material research for energy se- posed by the House. The conference agree- $750,000 for the St. Joseph Hospital tech- curity in Idaho; $750,000 for advanced bio- ment also includes a reduction of $3,640,000 nology upgrade in California; $250,000 for reactor technology development in Montana; for Oak Ridge cleanup activities as requested green power technology development at $1,000,000 for the CHP project at Mississippi by the Department. Grand Valley State University; $750,000 to State University; $1,000,000 for the Univer- The conferees provide $51,000,000 for ura- upgrade the Drew University Hall of Science sity of Alabama-Huntsville Climate Action nium and thorium reimbursements, the same in New Jersey; $750,000 to upgrade the Project; $500,000 for the Hackensack medical as the requested amount. Pahrump Medical Center; $750,000 to upgrade building in New Jersey; $750,000 for the Mid- SCIENCE the Grover C. Dils Medical Center; $7,500,000 dletown Regional Hospital in Ohio; $1,000,000 for the Judson College library, academic and for Clean Energy Research at the University The conference agreement provides service center; $500,000 for the T3 MRI for St. of Delaware; and $500,000 for the Center for $3,451,700,000 instead of $3,480,180,000 as pro- Jude’s Children Research Hospital in Ten- Advanced Research in Texas. posed by the House and $3,360,435,000 as pro- nessee; $250,000 for Ohio State University for The conference agreement includes $750,000 posed by the Senate. The conference agree- environmental research in cooperation with for the Swedish American Regional Cancer ment does not include language specifying Earth University; $5,000,000 for the Commu- Center; $250,000 for the Cancer Center at Ed- funding allocations as contained in the ward Hospital; $500,000 for the Morgan State House and Senate reports. The conferees en- nity Improvement Corporation of Spring- University Center for Environmental Toxi- courage the Department to request sufficient field-Clark County for a computing and data cology; $1,000,000 for Digitalization of the funds for the Office of Science in fiscal year management center; $750,000 for the Mercer Cardiac Cath Lab at the University Medical 2005 to increase operating time, enhance user University Critical Personnel Development Center of Southern Nevada; $1,000,000 for support, and upgrade essential equipment at Program; $750,000 for the Michigan Research Mega Voltage Cargo Imaging Development the Department’s Science user facilities. Institute life sciences research; $750,000 for The conferees reiterate their support for the University of Arizona Institute for Bio- Applications for the Nevada Test Site; broader participation by universities in medical Science and Biotechnology; $250,000 $1,000,000 for the Nevada Cancer Institute; DOE’s research programs, including existing for the St. Francis Medical Center Rapid $1,500,000 for a Structural Biology Research user facilities and potential new user facili- Treatment Unit in Illinois; $300,000 for the Center at the Hauptman-Woodward Medical ties. The conferees are aware of the Office of Boulder City Hospital Emergency Room Ex- Research Institute; $2,000,000 for the Univer- Science’s strategy for future facilities. pansion; $750,000 for the National Childhood sity of Buffalo Center of Excellence in Where existing facilities provide capabilities Cancer Foundation; $750,000 for functional Bioinformatics; $1,000,000 for the Huntsman critical to a new user facility, co-location is genomics research by the University of Ken- Cancer Institute; $250,000 for the St. Francis appropriate; where this is not the case, the tucky and the University of Alabama; Hospital Emergency Services Department; location of new user facilities should be $750,000 for the Rensselaer Polytech Center $300,000 for the Christiana Comprehensive openly competed. Regardless of location, for Quantitative Bioscience; $750,000 for the Cancer Initiative; $500,000 for the University broad participation in design by staff from Western Carolinas Biotechnology Initiative; of Massachusetts at Boston Multidisci- national laboratories, user faculty from uni- $750,000 for the Vanguard University Science plinary Research Facility and Library; versities, and industrial investigators and Center; $750,000 for the Syracuse University $400,000 for the Robert Wood Johnson Univer- groups should be sought. All these user Environmental Systems Center; $750,000 for sity Hospital; $100,000 for the Hackensack groups must have access to these capabilities the University of Tennessee Climate Change University Medical Center; $1,000,000 for the on a competitive basis. Research Initiative; and $300,000 for the Coastal Research Center at the Medical Uni- High energy physics.—The conference agree- Eckerd College Science Center. versity of South Carolina; $500,000 for the ment provides $725,478,000 for high energy The conference agreement includes $500,000 Mary Bird Perkins Cancer Center; $750,000 physics research, the same as the budget re- for the Biomedical Engineering Laboratory for the Tahoe Center for Environmental quest. The conference agreement also in- at the Center for Biomedical Engineering in Sciences; $500,000 for Adventist Health Care; cludes the requested amount, $12,500,000, for Louisiana; $150,000 for the Derby Center for $1,000,000 for the Environmental Control and construction of the Neutrinos at the Main Science and Mathematics at Lyon College; Life Support Project; $1,000,000 for the Injector project at Fermilab. The conferees $500,000 for the Experimental Medicine Pro- Southern California Water Education Center; recognize the efforts by Fermilab, the Office gram at the Dana Farber Cancer Institute; $1,000,000 for the University of Nevada-Reno of Science, and the other Science labora- $500,000 for the Clafin University Science to conduct nuclear waste repository research tories on the challenges posed by the Center; $500,000 for the Life Sciences Facil- in the areas of materials evaluation, funda- Tevatron luminosity upgrade. The conferees ity, Tennessee State University; $1,000,000 for mental studies on degradation mechanisms, encourage the Department to accelerate the Rush-Presbyterian-St. Luke’s Medical alternate materials and design, and com- progress on the Supernova/Accelerator Probe Center; $1,000,000 for the Carnegie Mellon putational and analytical modeling; (SNAP). University Green Chemistry Project; $500,000 $1,000,000 for the Research Foundation at the Nuclear physics.—The conference agree- for the College of Mount St. Vincent Science University of Nevada-Las Vegas to conduct ment provides $391,930,000 for nuclear phys- Hall; $500,000 for the Urban Education Re- safety and risk analyses, simulation and

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.092 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11097 modeling, systems planning, and operations ture support, $5,079,000 for Oak Ridge land- funds over the fiscal year 2003 funding level and management to support radioactive and lord costs, $29,936,000 for construction of var- be used for implementation of STARS and hazardous materials transportation; ious infrastructure projects (MEL–001), and the data warehouse for the Department’s fi- $1,000,000 for the Research Foundation at the $2,000,000 for project MEL–001–36 at the Stan- nancial data. University of Nevada-Las Vegas to assess ford Linear Accelerator Center under Office of Management, Budget and Evalua- earthquake hazards and seismic risk in Science Laboratories Infrastructure Project tion.—The conference agreement directs the Southern Nevada; $1,000,000 for the Univer- Engineering Design (04–SC–001). Office of Environmental Management to sity of Nevada-Reno to expand the earth- Fusion energy sciences.—The conference transfer $2,500,000 from Defense Site Accel- quake engineering and simulation facility; agreement includes $264,110,000 for fusion en- eration Completion to continue external and $100,000 for the Space Grant Consortium ergy sciences, an increase of $6,800,000 over independent reviews by the Office of Engi- at the Desert Research Institute. the budget request. The budget request pro- neering and Construction Management of Basic energy sciences.—The conference posed $12,000,000 for the International Ther- proposed Environmental Management agreement includes $1,016,575,000 for basic en- monuclear Experimental Reactor (ITER), projects and programs and to provide in- ergy sciences, an increase of $8,000,000 over but did so by displacing $10,800,000 of ongoing creased oversight of the Environmental Man- the budget request. The conference agree- domestic fusion research. The conference agement accelerated cleanup contracts. To ment includes $575,711,000 for materials agreement provides $8,000,000 for ITER ac- continue to train and certify DOE project sciences and engineering research, and tivities in fiscal year 2004, and restores managers, the conferees direct the Depart- $220,914,000 for chemical sciences, geo- $6,800,000 to domestic fusion research. The ment to arrange financing of not less than sciences, and energy biosciences. The addi- conferees strongly caution the Department $2,500,000 from the Working Capital Fund to tional $8,000,000 for materials sciences and against submitting any future budget refund training under the Project Management engineering research is to support additional quests for ITER that are funded at the ex- Career Development Program. nanoscience research at existing user facili- pense of domestic research. Working Capital Fund.—The conferees ties and the new nanoscale science research Safeguards and security.—The conference renew the guidance as presented in House centers. For purposes of reprogramming in agreement includes $51,887,000 for safeguards Report 107–681 regarding management of the fiscal year 2004, the Department may reallo- and security activities at laboratories and Working Capital Fund. cate funding among all operating accounts facilities managed by the Office of Science. Work for Others.—The conference agree- within Basic Energy Sciences. The additional $3,760,000 over the budget re- The conference agreement provides the request represents the costs for safeguards and ment for the cost of the Work for Others pro- quested amounts of $124,600,000 for construc- security support contracts that were trans- gram is $69,682,000, the same as in fiscal year tion of the Spallation Neutron Source (99–E– ferred out of Science Program Direction into 2003. The conferees adopt the Congressional 334); $35,000,000 for the Molecular Foundry this subaccount. Budget Office estimate of $123,000,000 for rev- (94–R–313); $29,850,000 for the Center for Inte- Science workforce development.—The con- enues from Work for Others activities. grated Nanotechnologies (04–R–313); ference agreement provides the requested Funding Adjustments.—The conference $20,000,000 for the Center for Nanophase Ma- amount of $6,470,000 for science workforce de- agreement includes the use of $10,000,000 of terials Sciences (03–R–312); $7,500,000 for velopment. The conferees advise the Depart- prior year balances. project engineering and design (PED) for the ment to apply the Laboratory Science Transfer from Other Defense Activities.—The Linac Coherent Light Source (03–SC–002); Teacher Professional Development initiative conferees believe that defense-related pro- and $3,000,000 for the Center for Functional to all five multiprogram Science labora- grams should fund a proportional share of Nanomaterials (02–SC–002). The conference tories rather than just to one laboratory. total Departmental Administration costs. By agreement also provides the request of The conferees also encourage the Depart- the conferees’ calculation, the Department’s $7,673,000 for the Experimental Program to ment to provide funds and technical exper- defense-related activities account for 70.3 Stimulate Competitive Research (EPSCoR). tise for high school students to participate percent of the Department’s total budget re- Advanced scientific computing research.—The in the 2004 For Inspiration and Recognition quest for fiscal year 2004. Subtracting out conference agreement includes $203,490,000 of Science and Technology (FIRST) Robotics the costs for the National Nuclear Security for advanced scientific computing research competition. FIRST has proven to be a valu- Administration (NNSA), which has largely (ASCR), an increase of $30,000,000 over the able program to introduce and mentor stu- established its own corporate functions anal- budget request. The conferees provide these dents in math and science. ogous to Departmental Administration func- Science program direction.—The conference additional funds for the Department to actions, the remaining defense-related costs agreement includes $147,053,000 for science quire additional advanced computing capa- account for 32.7 percent of the Department’s program direction. This amount includes bility to support existing users in the near total budget. For the gross Departmental $80,102,000 for field offices, $58,217,000 for term and to initiate longer-term research Administration request of $351,306,000 in fis- headquarters, $7,714,000 for the Technical In- and development on next generation com- cal year 2004, the minimum defense contribu- formation Management program, and puter architectures. The conferees expect tion should have been $114,877,000. Using $1,020,000 for Energy Research Analyses. The some other system of mathematics, the De- that, to the maximum extent practicable, control level for fiscal year 2004 is at the pro- partment requested only $25,000,000 as the de- these funds will be awarded among various gram account level of Science Program Di- fense share of Departmental Administration. technologies, laboratories, universities, and rection. private sector suppliers using a merit-based, Funding adjustments.—The conference The conferees consider this an inadequate competitive process. The conferees support agreement includes an offset of $4,383,000 for share of Departmental Administration costs, the High End Computing Revitalization Task the safeguards and security charge for reim- and provide instead $86,679,000, the same con- Force established by the Office of Science bursable work, as proposed in the budget re- tribution from Other Defense Activities as and Technology Policy, and expect the De- quest. The conference agreement also in- provided in fiscal year 2003. The conferees di- partment to participate fully in this inter- cludes the use of $10,000,000 of prior year bal- rect the Department to submit a budget re- agency effort. ances. quest for fiscal year 2005 that reflects a pro- Science laboratories infrastructure.—The con- portional contribution from Other Defense NUCLEAR WASTE DISPOSAL ference agreement provides $54,590,000 for Activities for these Departmental Adminis- science laboratories infrastructure, includ- The conference agreement provides tration costs. ing an additional $10,000,000 to correct safety $190,000,000 for Nuclear Waste Disposal, in- Reprogramming guidelines.—The conference deficiencies at Science laboratories for the stead of $335,000,000 as proposed by the House agreement provides reprogramming author- purpose described in the House report, and and $140,000,000 as proposed by the Senate. ity of $1,000,000 or 10 percent, whichever is $1,000,000 additional for excess facilities dis- When combined with the $390,000,000 appro- less, within the Departmental Administra- posal for the 88-inch cyclotron at Lawrence priated from the Defense Nuclear Waste Dis- tion account without prior submission of a Berkeley National Laboratory. From within posal account, a total of $580,000,000 will be reprogramming to be approved by the House available funds, the conferees expect the De- available for program activities in fiscal and Senate Committees on Appropriations. partment to provide not less than $15,600,000 year 2004. No individual program account may be in- to meet infrastructure needs at Oak Ridge DEPARTMENTAL ADMINISTRATION creased or decreased by more than this National Laboratory. The conference agreement provides amount during the fiscal year using this re- The conferees support the ongoing effort to $313,212,000 for Departmental Administration programming authority. Congressional noti- determine realistic costs for the transition expenses. Including a transfer of $86,679,000 fication within 30 days of the use of this re- to external regulation, and adopt the House- from Other Defense Activities, revenues of programming authority is required. Trans- recommended date of May 31, 2004, for com- $123,000,000, the same as estimated by the fers which would result in increases or depletion of the safety compliance audits and Congressional Budget Office, and the use of creases in excess of $1,000,000 or 10 percent to associated costs estimates for the ten $10,000,000 of prior year balances, this results an individual program account require prior Science laboratories. The conferees also sup- in a net appropriation of $93,533,000. notification and approval. port the House direction to the Department Specific funding levels for each Depart- FFICE OF THE INSPECTOR GENERAL to begin budgeting for the necessary correc- mental organization are provided in the ac- O tive actions beginning in fiscal year 2005. companying table. The conference agreement provides The conference agreement provides the re- Chief Information Officer.—The conferees $39,462,000 for the Inspector General as pro- quested amounts of $1,520,000 for infrastruc- provide $35,000,000 and direct the additional posed by the House and the Senate.

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.094 H07PT1 H11098 CONGRESSIONAL RECORD — HOUSE November 7, 2003

ATOMIC ENERGY DEFENSE ACTIVITIES LEP) and have consistently asked for unam- The conferees agree with the House language NATIONAL NUCLEAR SECURITY biguous answers from the NNSA and the Air requesting detailed project baseline data for ADMINISTRATION Force justifying the significant budget in- each campaign showing the total, annual, The National Nuclear Security Adminis- creases and the aggressive schedule for the and five-year costs, schedule, scope, and W80 LEP. In fiscal year 2000, the Nuclear tration (NNSA), a semi-autonomous agency deliverables for individual project activities Weapons Council agreed to a W80 LEP sched- within the Department of Energy, manages as part of the annual budget request. ule assuming a W80 LEP First Production the Nation’s nuclear weapons, nuclear non- From within funds provided for the various Unit (FPU) in fiscal year 2006. Based on in- proliferation, and naval reactors activities. campaigns, $4,300,000 is provided for the Uni- formation provided by the Department of Availability of funds.—The conference versity Research Program in Robotics. Energy submitted subsequent to the fiscal agreement makes funds appropriated to the For science campaigns, the conference year 2004 budget request, the conferees un- NNSA available until expended as proposed agreement provides $250,548,000, a reduction derstand that both the NNSA and the De- by the Senate. of $19,000,000 from the budget request. The partment of Defense have agreed to a revised Stockpile Plan.—The conferees direct the conference agreement provides $57,849,000 for W80 LEP baseline delaying the FPU require- Secretary of Energy in conjunction with the primary certification, a reduction of ment until 4th quarter fiscal year 2007. Be- Secretary of Defense to provide a report to $8,000,000 from the budget request. In the dy- cause the fiscal year 2006 FPU baseline mile- the Appropriations and Armed Services Com- namic materials properties program, the stone resulted in a very aggressive W80 LEP mittees of Congress providing a revised Nu- conferees have provided $82,251,000 the same program, the conferees reduced the signifi- clear Weapons Stockpile plan that supports as the budget request. Using $5,000,000 within cant budget request for the W80 LEP in fiscal the President’s revised Nuclear Weapons the funds provided for dynamic materials year 2004. properties, the NNSA is directed to make Stockpile Memorandum. The revised Nuclear Directed stockpile work.—The conference full use of existing and developing capabili- Weapons Stockpile plan should detail the agreement includes $1,340,286,000 for directed Department of Defense and Department of stockpile work instead of $1,343,786,000 as ties for materials properties studies, includ- Energy’s program plan and detailed schedule proposed by the House and $1,367,786,000 as ing the subcritical experiments at the U1a to achieve the President’s proposed inven- proposed by the Senate. facility, Joint Actinide Shock Physics Ex- tory adjustments to the Total Strategic The conference agreement provides perimental Research facility and the Atlas Stockpile, reducing the Operationally De- $412,650,000 for stockpile research and devel- facility at the Nevada Test Site. In the ad- ployed weapons to 1,700–2,200 by 2012, as well opment, a reduction of $20,500,000 from the vanced radiography program, the conferees as the inventory adjustments to the other budget request. The budget adjustments in have provided $55,985,000, a reduction of categories of the nuclear stockpile (i.e., stockpile R&D include a reduction of $10,000,000 from the budget request. In the Strategic Active and Inactive Stockpile) by $13,000,000 from the budget request con- secondary certification and nuclear systems weapon systems and warhead type. The consistent with the W80 rebaselining reductions margins program, the conferees have pro- ference agreement restricts a portion of the and a $7,500,000 reduction in the robust nu- vided $54,463,000, a reduction of $1,000,000 funds provided for Advanced Concepts re- clear earth penetrator study budget request. from the budget request. search on nuclear weapons pending congres- Advanced Concepts.—The conferees provide For engineering campaigns, the conference sional review of the Nuclear Stockpile re- $6,000,000 for Advanced Concepts, as proposed agreement provides $344,387,000, an increase port. This report is due to the Appropria- by the Senate, of which $4,000,000 is available of $13,200,000 over the budget request. En- tions and Armed Services Committees con- for obligation only after the official delivery hanced surety is funded at $32,974,000, a re- current with the submission of the fiscal of a revised Nuclear Weapons Stockpile plan duction of $5,000,000 from the request, con- year 2005 budget request. to Congress and a 90-day review period by sistent with the W80 rebaselining reductions. WEAPONS ACTIVITIES the House and Senate Committees on Appro- In the weapons system engineering certifi- priations and the Committees on Armed The conference agreement provides cation program, the conferees have provided Services. The revised Nuclear Weapons $6,272,511,000 for Weapons Activities instead $27,238,000, a reduction of $1,000,000 from the Stockpile plan should detail the Department of $6,117,609,000 as proposed by the House and budget request. In the nuclear survivability of Defense and Department of Energy’s pro- $6,473,814,000 as proposed by the Senate. program, the conferees have provided Reprogramming.—The conference agree- gram plan and detailed schedule to achieve $22,977,000, a reduction of $1,000,000 from the ment provides limited reprogramming au- the President’s proposed inventory adjust- budget request. In the enhanced surveillance ments to the Total Strategic Stockpile, in- thority within the Weapons Activities ac- program, the conferees have provided cluding the Strategic Active Stockpile and count without submission of a reprogram- $91,781,000, a reduction of $3,000,000 from the Inactive Stockpile, by weapon systems and ming to be approved in advance by the House budget request. In the advanced design and warhead type. and Senate Committees on Appropriations. production technologies program, the con- Robust Nuclear Earth Penetrator.—The conferees have provided $77,917,000, a reduction The reprogramming thresholds will be as fol- ferees provide $7,500,000 for the Robust Nu- lows: directed stockpile work, science cam- of $2,000,000 from the budget request. clear Earth Penetrator study, instead of Engineering campaign construction projects.— paigns, engineering campaigns, inertial con- $5,000,000 as proposed by the House and finement fusion, advanced simulation and The conference agreement provides $15,000,000 as proposed by the Senate. The $87,000,000, an increase of $25,200,000 over the computing, pit manufacturing and certifi- conferees remind the Administration that cation, readiness campaigns, and operating budget request, for Project 01–D–108, Micro- none of the funds provided may be made used system and engineering science applications expenses for readiness in technical base and for activities at the engineering development facilities. This should provide the needed (MESA) at Sandia, in New Mexico. phases, phase 3 or 6.3, or beyond, in support Inertial Confinement Fusion (ICF) Ignition flexibility to manage these programs. of advanced nuclear weapons concepts, in- In addition, funding of not more than and High Yield.—The conferees include cluding the Robust Nuclear Earth Pene- $517,269,000 for the inertial confinement fu- $5,000,000 may be transferred between each of trator. sion ignition and high yield program, an in- these categories and each construction The conference agreement provides crease of $50,500,000 over the budget request. project subject to the following limitations: $409,746,000 for stockpile maintenance, an in- only one transfer may be made to or from crease of $4,000,000 from the budget request. National Ignition Facility.—Within the funds any program or project; the transfer must be Within the funds available for stockpile provided, $150,000,000 is for National Ignition necessary to address a risk to health, safety maintenance the conference agreement pro- Facility (NIF) construction, Project 96–D– or the environment or to assure the most ef- vides a $10,000,000 increase for activities at 111, and $367,269,000 is for the ICF ignition ficient use of weapons activities funds at a the Y–12 plant in Tennessee to complete and high yield program. Within the funds site; and funds may not be used for an item closeout W87 LEP activities in fiscal year provided for the NIF program, the conferees for which Congress has specifically denied 2004. The conference agreement includes a direct the Department to fund a public-pri- funds or for a new program or project that $6,000,000 reduction in W80 stockpile mainte- vate research and development activity fo- has not been authorized by Congress. nance activities consistent with the W80 re- cused on damage resistant gratings at not Congressional notification within 15 days baselining. The conference agreement pro- less than $1,000,000. of the use of this reprogramming authority vides $201,885,000 for stockpile evaluation, a The conferees note that NIF construction is required. Transfers during the fiscal year reduction of $1,000,000 from the budget refunds and NIF program funds have been pro- which would result in increases or decreases quest consistent with the W80 rebaselining vided consistent with the Administration’s in excess of $5,000,000 or which would be sub- reductions. In the dismantlement/disposal request, but are concerned that these budget ject to the limitations outlined in the pre- program the conferees have provided figures are not consistent with the revised vious paragraph require prior notification $37,722,000, the same as the budget request. In NIF baseline due to the Department’s deci- and approval from the House and Senate the production support program, the con- sion to fund a variety of NIF-related projects Committees on Appropriations. Failure to ferees have provided $271,113,000, a reduction and programs within the overall NIF pro- notify the Committees within the 15–day pe- of $7,000,000 from the budget request. In field gram. While the conferees are supportive of riod will result in denial of the reprogram- engineering, training and manuals program, these activities and believe them necessary ming. the conferees have provided $7,170,000, the to achieve the goal of ignition, they strongly W80 life extension project.—The conferees same as the budget request. recommend that the Department submit fu- have had a special interest in the W80 war- Campaigns.—Funding for individual cam- ture budgets that fund these activities as head stockpile life extension project (W80 paigns is shown on the accompanying table. one or more separate line items.

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.096 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11099 Inertial Fusion Technology.—The conferees of $10,000,000 from the budget request. Fund- gressional authorization must be obtained also include $25,000,000 to continue developing for the Stockpile readiness campaign in- before proceeding with specific activities ment of high average power lasers and sup- cludes $55,158,000, the same as the budget re- that support the resumption of testing. porting science and technology, the budget quest. High explosives manufacturing and For special projects, the conference agree- request of $10,467,000 for the Naval Research weapons assembly/disassembly readiness is ment provides $51,675,000, an increase of Laboratory, and $63,132,000 for the University funded at $23,649,000, instead of $19,649,000 as $8,700,000 over the budget request. Within of Rochester, an increase of $20,000,000 over proposed by the House and $27,649,000 as pro- funds provided for special projects, the con- the budget request. The additional funding is posed by the Senate. The $6,000,000 reduction ference agreement includes $6,900,000 for the provided to the University of Rochester’s to the budget request for this program slows New Mexico Education Enrichment Founda- Laboratory for Laser Energetics for the the significant program growth from the pre- tion; $1,000,000 for the preservation of Man- OMEGA Extended Performance (EP) Facility vious year. The conference agreement pro- hattan Project historical sites; $500,000 for in support of the Nation’s stockpile steward- vides $33,397,000 for Non-nuclear readiness, a the Atomic Testing History Institute; ship program. The conferees expect addi- reduction of $4,000,000 as proposed by the $1,000,000 for the UNLV Research Founda- tional funding requirements to complete House, consistent with the W80 rebaselining tion; $2,000,000 for stockpile stewardship re- Omega EP construction will be included by reductions. Funding for the tritium readi- search at the Nevada terarwatt facility at the Department in future budget requests. ness campaign includes $134,893,000, the same the University of Nevada-Reno; $3,000,000 is Additionally, the conferees provide funding as the budget request. provided for Total Asset Management Suite of $4,000,000 to initiate assessments and ini- Readiness in technical base and facilities.— (TAMS) technology to be applied to a de- tial development and testing of Z-Pinch iner- For readiness in technical base and facili- fense lab or site; $3,000,000 is provided for a tial fusion energy. ties, the conference agreement provides defense and security research center; and the Petawatt Lasers.—The conferees also in- $1,027,773,000 for operations of facilities, an budget request for the Los Alamos County clude an additional $4,500,000 for university increase of $55,000,000 over the budget re- Schools. grants and other support. Within this quest, and includes several funding adjust- The conference agreement includes amount, $2,500,000 is provided for the contin- ments. $76,189,000 for materials recycle and recov- ued development of an ultra short-pulse Within funds provided for operations of fa- ery, the same as the budget request. petawatt laser at the University of Texas; cilities, the conferees direct that, at a min- The conference agreement includes the and $2,000,000 is provided to continue short- imum, an additional $5,000,000 be provided for budget request of $16,006,000 for containers, pulse laser development and research at the the Pantex Plant in Texas and an additional $11,365,000 for storage, and $89,694,000 for nu- University of Nevada-Reno. $5,000,000 be provided for the Y–12 Plant in clear weapons incident response. The conferees agree with the Senate posi- Oak Ridge, Tennessee; an additional Construction projects.—For construction tion that high intensity laser physics en- $5,000,000 for the Kansas City Plant to ad- projects in RTBF, the conference agreement ables major new areas of science and engi- dress pension liability issues; and an addi- includes $260,440,000, a $12,936,000 reduction neering endeavor in the United States and tional $10,000,000 for Los Alamos National from the budget request. The conferees in- that advances in this field will enable impor- Laboratory. The conference agreement pro- cluded the following adjustments to reflect tant progress in critical aspects of basic vides an additional $5,000,000 to support oper- the latest program planning assumption. The science, fusion energy, and national security. ation of facilities at the Nevada Test Site, conference agreement provides $10,000,000 for A robust, coordinated program in high inten- (NTS) including the Device Assembly Facil- Project 04–D–125, Chemistry and Metallurgy sity lasers will affordably maintain U.S. ity, the Joint Actinide Shock Physics Exper- Facility Replacement (CMR–R) at Los Ala- leadership in this critically important area. imental Research facility, operations associ- mos in New Mexico, a reduction of $10,500,000 Accordingly, the conferees direct the Depart- ated with the Atlas relocation project, U1a from the budget request; $11,300,000 for ment to pursue a joint high intensity laser operations, general plant projects and other Project 03–D–121, Gas Transfer Capacity Ex- program with the National Science Founda- NTS support facilities. An additional pansion, at Kansas City Plant, Kansas City, tion. The conferees further direct the NNSA $25,000,000 is provided for continued facility a reduction of $4,000,000 from the budget re- and the Department’s Office of Science to de- upgrades, refurbishments, operations and quest; $3,564,000 for Project 04–D–103, Project velop, in collaboration with the NSF, a re- maintenance costs associated with and for Engineering and Design (PED), various loca- port that identifies the benefits and dis- tions, an increase of $1,564,000 from the budg- advantages of multi-agency coordinated re- the National Center for Combating Ter- rorism (NCCT). Within the funds available et request. search in high intensity laser science and de- Facilities and infrastructure recapitaliza- for the NCCT, not less than $5,000,000 is pro- lineates how a joint program in this area tion.—The conference agreement includes vided jointly to the Institute for Security will be structured. This report shall be deliv- $240,123,000 for the facilities and infrastruc- Studies at UNLV and the Consortium of Ter- ered to the House and Senate Committees on ture (F&I) recapitalization program, a reduc- rorism Studies and Fire Science at the Uni- Appropriations no later than April 15, 2004. tion of $25,000,000 from the budget request versity of Nevada, Reno. The conference For advanced simulation and computing, due to funding constraints. The conferees agreement includes an additional $5,000,000 the conference agreement provides agree with the House direction to procure de- for modifications of the Z-beamlet laser to $725,626,000, as proposed by the Senate. From contamination, decommissioning and demo- within available funds for advanced simula- the Z machine operations at Sandia. Within lition services through an open competitive tion and computing, $6,000,000 is provided for available funds, the conference agreement process to the greatest extent practicable. the development of a data-intensive com- includes $3,000,000 for technology transfer ac- At least $45,000,000 is to be used to dispose of puting center to be operated by the Ohio tivities as proposed by the Senate. The con- excess facilities. Supercomputing Center at its Springfield, ference agreement provides $500,000 within Secure Transportation Asset.—The con- Ohio site; $3,000,000 is provided to dem- available funds for the NNSA to utilize the ference agreement provides $162,400,000 for onstrate three-dimensional chip scale pack- capabilities of its national laboratories for a secure transportation asset, as proposed by aging integrated with spray cooling. The joint effort with the U.S. Consumer Product the Senate. The fiscal year 2003 supplemental conferees direct the University Partnerships Safety Commission on sensor technologies included an additional $20,000,000 for the se- program be funded at the budget request. and applications as proposed by the Senate. cure transportation asset and the conferees For the pit manufacturing and certifi- For program readiness, the conference direct the use of the carryover balances for cation campaign, the conference agreement agreement provides $131,093,000 the same as fiscal year 2004. The secure transportation provides $298,528,000 a reduction of $21,700,000 the budget request. asset program provides for the safe, secure from the budget request. The conference Test Readiness.—Within funds provided for movement of nuclear weapons, special nu- agreement provides $126,773,000 for W88 pit program readiness activities the conference clear material, and weapon components be- manufacturing and $108,592,000 for W88 pit agreement provides $24,891,000 for test readi- tween military locations and nuclear com- certification, the same as the budget re- ness in Nevada, the same as the budget re- plex facilities within the United States. quest. Providing the requested level of fund- quest. The conferees recognize that test Safeguards and security.—The conference ing will ensure that the NNSA maintains its readiness activities in Nevada were allowed agreement includes $585,750,000, the same as commitment to produce a certified W88 pit to atrophy during the last decade under the the budget request, for safeguards and secu- by 2007. The conference agreement provides current nuclear test moratorium as docu- rity activities at laboratories and facilities $10,000,000 for Pit Manufacturing Capability mented by the DOE Inspector General and managed by the National Nuclear Security instead of $4,700,000 as proposed by the House the NNSA’s internal assessments. However, Administration. The conferees are aware and $19,700,000 as proposed by the Senate. the conferees expect the NNSA to focus on that there are unique security requirements The conference agreement provides restoring a rigorous test readiness program at the Y–12 plant in Tennessee and that addi- $10,810,000 for the Modern Pit Facility, a re- that is capable of meeting the current 24– tional resources are needed to address the duction of $12,000,000 from the request. The month requirement before requesting signifi- current deficiencies. The conferees direct the conferees agree with the House Report that cant additional funds to pursue a more ag- NNSA to address those security needs within until the Congress reviews the revised future gressive goal of an 18–month readiness pos- available funds or propose a reprogramming Stockpile plan it is premature to pursue fur- ture. The conferees expect the House and action to provide the necessary resources. ther decisions regarding the Modern Pit Fa- Senate Appropriations Committees be kept Funding adjustments.—The conference cility. informed on the progress of restoring the agreement includes an adjustment of For readiness campaigns, the conference current test readiness program. The con- $28,985,000 for a security charge for reimburs- agreement provides $247,097,000, a reduction ferees remind the Administration that Con- able work, as proposed in the budget, and the

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.098 H07PT1 H11100 CONGRESSIONAL RECORD — HOUSE November 7, 2003 use of $74,753,000 in prior year balances. In verification research and development pro- tives for Proliferation Prevention (IPP) pro- addition, the conferees direct the Depart- gram. The conferees expect the Department gram and the Nuclear Cities Initiative (NCI). ment to use $23,000,000 of prior year funds to to continue to implement recommendations The conferees are troubled by the continuing meet a portion of the Department’s liability provided by the external review group in sup- liability provision impasse that caused the stemming from the termination of the con- port of open competition and direct the De- lapsing of the NCI implementing agreement. tract with the Ohio Valley Electric Corpora- partment to continue a free and open com- The conferees urge the Department to work tion for power to supply the Portsmouth petitive process for at least 25 percent of its aggressively with the State Department and Gaseous Diffusion Plant. research and development activities during their Russian counterparts to conclude the DEFENSE NUCLEAR NONPROLIFERATION fiscal year 2004 for ground-based systems liability provision negotiations expedi- treaty monitoring. The competitive process tiously prior to significant delays to non- The conference agreement provides should be open to all Federal and non-Fed- proliferation work in Russia. $1,327,612,000 for Defense Nuclear Non- eral entities. From within funds provided for HEU transparency implementation.—The proliferation instead of $1,280,195,000 as pro- ground-based systems treaty monitoring, the conference agreement provides $18,000,000, posed by the House and $1,340,195,000 as pro- conferees include $2,500,000 in support of the the same as the budget request. posed by the Senate. Caucasus Seismic Information Network. International nuclear safety.—The con- Availability of funds.—The conference These funds are provided outside the 25 per- ference agreement provides $4,000,000, a re- agreement makes the funds available until cent of ground-based systems treaty moni- duction of $10,083,000 from the budget re- expended as proposed by the Senate. toring funds to be awarded by the Depart- quest, for the international nuclear safety Liability Protection for U.S. interests in Rus- ment through a free and open competitive program. The conferees note the successful sia.—The conferees are greatly concerned process. conclusion of the Soviet-designed reactor with the continued impasse between the Nonproliferation and international security.— safety program in fiscal year 2003 and expect United States and Russia on negotiations The conference agreement provides the Department to close out all remaining over liability protections for U.S. companies $110,734,000 for nonproliferation and inter- International Nuclear Safety activities in and personnel conducting nonproliferation national security, an increase of $9,000,000 fiscal year 2004 with the funds provided. work in Russia. The conferees place great over the budget request. Within the addi- Elimination of weapons-grade plutonium pro- importance on the continued successful im- tional funds, the conferees provide the budg- duction.—The conference agreement includes plementation of the Department’s nuclear et request of $3,000,000 for accelerated Re- the budget request of $50,000,000 for the nonproliferation activities and are concerned duced Enrichment for Research and Test Re- elimination of weapons-grade plutonium pro- that in allowing the government-to-govern- actors (RERTR) and $1,000,000 for the HEU duction program. ment implementing agreements to lapse for Research Reactor Fuel Purchase initiative Fissile materials disposition.—The conference the Nuclear Cities Initiative and Plutonium as proposed under the Accelerated Materials agreement provides $656,505,000 for fissile ma- Disposition activities, the Administration is Disposition proposal. The conferees provide terials disposition, the same as the budget creating unnecessary impediments to the ef- $5,000,000 for initiatives focused on removing request. The conferees direct the Depart- fective implementation of nuclear non- nuclear weapons-usable materials from vul- ment to continue the thorium-based fuel proliferation programs. Additional delays in nerable sites around the world as proposed cycle program currently being conducted by program implementation not only carry the by Senate. the Russian Research Centre Kurchatov In- risk of disrupting important nuclear non- Nonproliferation programs with Russia.—The stitute in conjunction with their U.S. indus- proliferation activities but also exacerbate conferees continue to be concerned that too trial partners. Within available funds the the problem of ever-increasing prior year much of the money for Russian programs is conference agreement provides $4,000,000 to balances carried by the Nuclear Non- being spent in the United States at the De- be used in Russia for testing and evaluation proliferation program each year. The con- partment of Energy’s own facilities rather of those test results to confirm this thorium- ferees urge a speedy resolution to the liabil- than going to the facilities in Russia. The based fuel’s plutonium disposition qualities ity negotiations. Department is directed to submit a plan to in Russian VVER–1000 reactors and other Nonproliferation and verification research the Committees on Appropriations that non-proliferation and environmental benefits. The testing will include irradiation ex- and development.—The conference agreement shows how the ratio of the funding within periments at the IR–8 reactor at Kurchatov provides $233,373,000 for nonproliferation and each program that is spent in Russia versus Institute. The objective of this testing and verification research and development, an the funding that remains in the United evaluation is to assess the timeframe, cost, increase of $29,500,000 from the request. The States for the Department’s contractors will and technical feasibility of this thorium- conference agreement includes $20,000,000, be increased significantly in each subsequent based fuel cycle for plutonium disposition in the same as the budget request, for ground- fiscal year. based systems for treaty monitoring. International materials protection, control Russia, with a goal of lead test assemblies in The conference agreement does not adopt and cooperation (MPC&A).—The conference 2006 in a Russian VVER–1000 nuclear power the House language requiring all non- agreement includes $260,000,000 for the plant. Funding adjustments.—The conference proliferation and verification research and MPC&A program, an increase of $34,000,000 agreement includes the use of $45,000,000 of development funds be competed using the over the budget request. Within funds pro- prior year balances. Technical Support Working Group (TSWG) vided for MPC&A, the conferees provide Broad Area Announcement process. $28,000,000 for accelerating the Second Line NAVAL REACTORS From within available funds for research of Defense MegaPorts Initiative and other The conference agreement provides and development activities, $7,000,000 is pro- critical border activities and $5,000,000 for $766,400,000 for Naval Reactors. vided to support ongoing activities at the other high priority MPC&A activities, to in- Funding adjustments.—The conference Remote Sensing Test and Evaluation Center clude countries outside the Former Soviet agreement includes the use of $2,000,000 of (RSL) at the Nevada Test Site to recover Union (FSU) such as Pakistan, India, and prior year balances. In addition, the con- eroding emergency response infrastructure, China. ferees direct the Department to use $2,000,000 replace aging equipment, and upgrade cur- Accelerated Materials Disposition.—The con- of prior year balances to meet a portion of rent technology. From within the funds pro- ferees provide no funding for the Accelerated the Department’s liability stemming from vided to RSL, the recommendation includes Materials Disposition (AMD) initiative. The the termination of the contract with the $2,000,000 for the University of Nevada-Reno conferees continue to be highly supportive of Ohio Valley Electric Corporation for power for the development of chemical, biological, the successful U.S./Russian HEU Purchase to supply the Portsmouth Gaseous Diffusion and nuclear detection sensors. Agreement to blend down 500 metric tons of Plant. The conference agreement provides highly enriched uranium over twenty years. OFFICE OF THE ADMINISTRATOR $3,000,000 for the Incorporated Research In- The conferees are supportive of the House The conference agreement provides stitutions for Seismology PASSCAL Instru- language on the AMD proposal and direct the $339,980,000 for the Office of the Adminis- ment Center. The conferees intend fiscal Department to develop a rigorous risk-based trator instead of $341,980,000 as proposed by year 2004 to be the last year of funding for priority setting process for allocating budget the House and $337,980,000 as proposed by the the PASSCAL Instrument Center provided resources to the activity with the highest Senate. These funds are available until ex- for within this account. Within available nonproliferation benefit. The conferees pro- pended as proposed by the Senate. Statutory funds, the NNSA is directed to provide vide the funding request for accelerated Re- language providing $12,000 for official recep- $15,000,000 in support of the nuclear and radi- duced Enrichment for Research and Test Re- tion and representation expenses has also ological national security program. The con- actors (RERTR) and the HEU Research Reac- been included. ference agreement provides $2,500,000 for the tor Fuel Purchase under Nonproliferation The conferees direct the Administrator of University of South Florida Center for Bio- and International Security account and the NNSA to provide at least $2,500,000 for the logical Defense; $1,000,000 for the George accelerated Material Consolidation and Con- NNSA Office of Project Management and En- Mason University Center for Biodefense; and version (MCC) program in the International gineering Support to continue its project $1,000,000 for SUNY-Binghamton Advanced materials protection, control and coopera- oversight work and to provide training and Sensor Design and Threat Detection. tion (MPC&A) account. mentoring programs to improve the skills of The conferees continue to support more op- Russian Transition Initiatives.—The con- NNSA program and project managers. portunity for open competition in appro- ference agreement provides $40,000,000, the Defense Nuclear Nonproliferation.—The con- priate areas of the nonproliferation and same as the budget request, for the Initia- ference agreement provides $58,000,000 for the

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.100 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11101 Federal employees in the Office of Defense the Corps Walla Walla District) to conduct a Waste Isolation Pilot Plant.—The Depart- Nuclear Nonproliferation. None of these detailed, bottoms-up, independent review of ment’s activities at the Waste Isolation funds may be taxed by the NNSA for any the cost and schedule baseline for the Han- Pilot Plant (WIPP) are primarily funded purpose without prior notification and ap- ford Waste Treatment and Immobilization under the Accelerated Completions 2035 sub- proval by the House and Senate Committees Plant. This independent review should be account within the Defense Site Accelera- on Appropriations. completed no later than April 30, 2004, to tion Completion account. From within avail- ENVIRONMENTAL AND OTHER DEFENSE allow the results of the Corps review to in- able funds for Accelerated Completions 2035, ACTIVITIES form the House and Senate Committees on the conferees direct the Department to pro- Appropriations in their consideration of the vide an additional $3,500,000 to the Carlsbad DEFENSE ENVIRONMENTAL MANAGEMENT Department’s fiscal year 2005 budget request. community for educational support, infra- The conference agreement provides a total The conferees expect the Department to exe- structure improvements, and related initia- of $6,626,877,000 for Defense Environmental cute this fund transfer within 30 days of en- tives to address the impacts of accelerated Management instead of $6,748,457,000 as pro- actment of this Act, and to provide full co- operations at WIPP, and an additional posed by the House and $6,743,045,000 as pro- operation to the Corps in executing this $1,500,000 to consolidate at Carlsbad all posed by the Senate. This funding is provided independent review. record archives relevant to the operations of in two separate appropriations: $5,651,062,000 The conference agreement also directs the WIPP and the transuranic waste in WIPP. for Defense Site Acceleration Completion Department to transfer $2,500,000 from the Technology Development and Deployment.— and $991,144,000 for Defense Environmental Office of Environmental Management to the The conference agreement provides Services, and also includes a rescission of Office of Management, Budget and Evalua- $66,920,000, an increase of $3,000,000 over the $15,329,000 from the Defense Environmental tion to increase its oversight of the Depart- budget request. From within available funds, Management Privatization account. ment’s accelerated cleanup projects. The the conference agreement provides $4,500,000 Lack of Agreement for Accelerated Perform- conferees concur with the Senate language to continue the five-year agreement with ance Management Plans.—The conferees share directing the Department to report back to AEA technology and $7,000,000 to continue the concerns articulated in the House report the House and Senate Committees on Appro- the five-year agreement with Florida Inter- regarding the linkage between additional priations by March 15, 2004, with a specific national University’s Hemispheric Center for funding for accelerated cleanup and the proposal on how to use these additional Environmental Technology. agreement of State regulators to the acceler- funds to establish a formal process by which Within available funds, the conference ated performance management plans. The the Office of Management, Budget and Eval- agreement provides $5,000,000 for the Western House withheld funds for specific accelerated uation shall certify to the Committees that Environmental Technology Office; $5,000,000 cleanup projects where State agreement was new acceleration and reform agreements for the Diagnostic Instrumentation and lacking. Where the necessary State agree- based on the site performance management Analysis Laboratory; $2,000,000 for work on ment has been reached by the time of this plans are comprehensive in their cost esti- the subsurface science research institute by conference, those funds have been restored. mates and contain adequate contingency Idaho National Laboratory and the Inland Although a final agreement has not yet been amounts. Northwest Research Alliance institutions; reached with the State of New Mexico on the Oak Ridge Adjustments.—At the request of and $3,000,000 for the Mid-Atlantic Recycling accelerated cleanup plan for the Los Alamos the Department, the conference agreement Center for End-of-Life Electronics. The con- National Laboratory, the Department be- makes a number of reallocations to reflect ferees direct the Department to renew its co- lieves such agreement will be reached short- the current cleanup plans for Oak Ridge Na- operative agreements with the University of ly. The conferees provide funds for acceler- tional Laboratory, the East Tennessee Tech- Nevada-Las Vegas Research Foundation and ated cleanup of this site in fiscal year 2004, nology Park, and the Y–12 Plant. The re- the University of Nevada-Reno, and to con- but remind the Department and the State of allocations occur in the Defense Site Accel- tinue its support of the Tribal Colleges Ini- New Mexico that these funds for accelerated eration Completion, Defense Environmental tiative involving Crownpoint Institute of cleanup activities at Los Alamos are contin- Services, Non-Defense Environmental Serv- Technology, Dine´ College in New Mexico, gent on the Department and the State reach- ices, and Uranium Enrichment D&D Fund and the Southwestern Indian Polytechnic In- ing final agreement in the near future. accounts, and net to zero. stitute to develop high quality environ- Statutory Changes Required for Accelerated DEFENSE SITE ACCELERATION COMPLETION mental programs at tribal colleges. Cleanup.—The conferees strongly object to The conference agreement provides Within available funds, the conference the Department sending forth its contractors $5,651,062,000 for defense site acceleration agreement provides $3,000,000 to continue the to advocate for legislative changes that are completion, instead of $5,758,278,000 as pro- arsenic removal research in conjunction with necessary to execute accelerated cleanup posed by the House and $5,770,695,000 as pro- the American Water Works Association as plans, as was apparently the case with the posed by the Senate. begun in fiscal year 2003; $3,000,000 in support proposal to consider the material in the Accelerated Completions 2006.—The con- of desalination research consistent with the Fernald silos as suitable for disposal as ference agreement provides $1,248,453,000, an Desalination and Water Purification Tech- 11e.(2) material. If such statutory changes increase of $3,282,000 over the request to re- nology roadmap developed in partnership are responsible and for the benefit of the flect the adjustment for accelerated Oak with the Bureau of Reclamation; $750,000 to Government and the taxpayer, then the De- Ridge cleanup activities. support the public/private ZeroNet Energy partment should submit such changes as Accelerated Completions 2012.—The con- Water Initiative; and $3,000,000 to fund the part of a formal legislative proposal from the ference agreement provides $2,236,252,000, an demonstration on Native American reserva- Administration to the Congress. The con- increase of $7,938,000 over the request to re- tions of a stand-alone stirling engine com- ferees direct the Department to review its flect the adjustment for accelerated Oak bined with an advanced vapor compression current Performance Management Plans and Ridge cleanup activities. distillation system for removing water con- cleanup contracts to identify any other in- Accelerated Completions 2035.—The con- taminants. stances where statutory changes are reference agreement provides $1,929,536,000, a Within available funds, the conference quired to execute accelerated cleanup. The reduction of $49,061,000 from the budget re- agreement provides $1,500,000 for the Ad- conferees direct the Department to report to quest to reflect the adjustment for acceler- vanced Monitoring Systems Initiative at the the House and Senate Committees on Appro- ated Oak Ridge cleanup activities. Nevada Test Site; $1,000,000 for the Manage- priations and to the relevant House and Sen- From within available funds, the conferees ment of Nevada Natural Resources with Re- ate authorizing committees within 60 days direct the Department to provide a total of mote Sensing Systems program; $1,000,000 for after enactment of this Act with the results $6,000,000 for worker training programs and the Desert Research Institute’s Yucca Moun- of this review, and to submit a comprehen- supporting communications infrastructure, tain Environmental Monitoring Program; sive legislative proposal with the fiscal year oversight, and management activities at the and $500,000 to initiate development of an 2005 budget request including all such pro- Hazardous Materials Management and Emer- electrochemical system utilizing ceramic posed changes to existing law. gency Response Training and Education Cen- ionic transport membranes for the recycle Review of Cost and Schedule Baselines.—The ter. The conferees direct the Department to and disposal of radioactive sodium-ion conferees share the concerns expressed in the provide $8,500,000 for the Hazardous Waste waste. House and Senate reports regarding the re- Worker Training Program from within avail- Reprogramming authority.— The conferees cent 33 percent cost increase for the Hanford able funds. The conference agreement pro- support the need for flexibility to meet Waste Treatment and Immobilization Plant. vides $750,000 from within available funds to changing funding requirements at sites that This increase reflects a troubling lack of ac- the State of Oregon for its oversight activi- are undergoing accelerated cleanup activi- countability at the Department for prior ties related to the Hanford cleanup. ties. In fiscal year 2004, each site manager cost and schedule estimates, and does not in- The conferees direct the Department to may transfer up to $5,000,000 between Defense spire Congressional confidence in the reli- pay its title V air permitting fees at the Site Acceleration Completion subaccounts ability of the current cost and schedule base- Idaho National Laboratory consistent with (i.e., accelerated completions 2006, acceler- line for this project and for other major prior year levels, and to bring the Pit 9 liti- ated completions 2012, accelerated comple- cleanup projects. Therefore, the conferees di- gation to an end as expeditiously as possible. tions 2035, and line item construction rect the Department to transfer $1,500,000 to The conference agreement includes the budg- projects) to reduce health or safety risks or the U.S. Army Corps of Engineers Direc- et request of $1,356,000 for activities at Am- to gain cost savings as long as no program or torate of Expertise for Cost Engineering (i.e., chitka Island, Alaska. project is increased or decreased by more

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.101 H07PT1 H11102 CONGRESSIONAL RECORD — HOUSE November 7, 2003 than a total of $5,000,000 during the fiscal ances shall be derived as follows: $13,329,000 conferees also encourage the Department to year. This reprogramming authority may from the Paducah Disposal Facility Privat- work with the authorizing committees to not be used to initiate new programs or pro- ization (OR–574) and $2,000,000 from the streamline Subtitle D of the EEOICPA. Not grams specifically denied, limited, or in- Portsmouth Disposal Facility Privatization later than 180 days after the date of enact- creased by Congress in the Act or report. The (OR–674). ment of this Act, the Secretary of Energy Committees on Appropriations in the House OTHER DEFENSE ACTIVITIES shall submit to the House and Senate Com- and Senate must be notified within thirty mittees on Appropriations and the Com- The conference agreement provides days of the use of this reprogramming au- mittee on Energy and Natural Resources of $674,491,000 for Other Defense Activities in- thority. the Senate and the Committee on Energy stead of $666,516,000 as proposed by the House Safeguards and security.—The conference and Commerce of the House of Representa- and $492,209,000 as proposed by the Senate. agreement includes $303,606,000, an increase tives a report on administrative expendi- Details of the conference agreement are proof $3,629,000 over the budget request, for safe- tures of the Department for the EEOICPA. vided below. guards and security activities at laboratories WORKER AND COMMUNITY TRANSITION ENERGY SECURITY AND ASSURANCE and facilities managed by the Office of Envi- The conference agreement provides The conference agreement provides ronmental Management. The increase re- $13,400,000 for the worker and community $22,472,000 for the energy security and assur- flects the adjustment for accelerated Oak transition program. Funding of $1,400,000 has ance program. Of the additional funds in- Ridge cleanup activities. been provided for the Pinellas Community cluded for the Office of Energy Assurance, Funding adjustments.—The conference Reuse Organization to complete the STAR $16,000,000 shall be available for the National agreement includes the use of $132,361,000 of Center transition, as proposed by the House. Energy Technology Laboratory (NETL) to prior year balances to offset fiscal year 2004 The conferees agree with the Senate lan- implement and manage a national energy as- spending. In addition, the conferees direct guage on incorporating the mission of the surance training capability and other related the Department to use $21,000,000 of prior Office of Worker and Community Transition activities to support the Department in ac- year balances to meet a portion of the De- with the Office of Legacy Management. The cordance with its National Agenda for En- partment’s liability stemming from the ter- conferees expect the two separate activities ergy Assurance activities, including mination of the contract with the Ohio Val- for worker and community transition and $3,500,000 for program direction costs, travel, ley Electric Corporation for power to supply legacy management to continue to be identi- and other related direct and indirect ex- the Portsmouth Gaseous Diffusion Plant. fied separately in future budget requests. The conference agreement also includes an penses. An additional $4,000,000 shall be for No funds may be used to augment the offset of $1,344,000 for the security costs asso- NETL to implement and manage construc- $13,400,000 made available for obligation for ciated with reimbursable work. tion, renovation, furnishing, and demolition severance payments and other benefits and of agency facilities. The conferees provide DEFENSE ENVIRONMENTAL SERVICES community assistance grants unless the De- $2,472,000 for program direction in the Office partment of Energy submits a reprogram- The conference agreement provides of Energy Security and Assurance. $991,144,000 instead of $990,179,000 as proposed ming request subject to approval by the ap- by the House and $987,679,000 as proposed by OFFICE OF SECURITY propriate Congressional committees. the Senate. The conference agreement in- The conference agreement provides LEGACY MANAGEMENT cludes $61,570,000 for community and regu- $211,757,000, the same as the budget request, The conferees support the fiscal year 2004 latory support, $452,000,000 for the Federal for the Office of Security. budget request proposal to establish the Of- contribution to the Uranium Enrichment De- INTELLIGENCE fice of Legacy Management to manage the contamination and Decommissioning Fund, The conference agreement includes long-term stewardship responsibilities at the $210,430,000 for non-closure environmental ac- $39,823,000, the same as the budget request, Department’s cleanup sites. The conference tivities, and $287,144,000 for program direc- for the Department’s intelligence program. agreement provides a total of $47,525,000 for tion. The conference agreement includes the Office of Legacy Management, the same COUNTERINTELLIGENCE within these amounts an additional as the budget request, of which $19,178,000 is $20,732,000 in non-closure environmental ac- The conference agreement includes provided in Other Defense Activities and the tivities and an additional $233,000 in commu- $45,955,000, the same as the budget request, balance is provided in Non-Defense Environ- nity and regulatory support to reflect the for the Department’s counterintelligence mental Services. The conferees encourage adjustment for accelerated Oak Ridge clean- program. the Department to utilize the Mike Mans- up activities. INDEPENDENT OVERSIGHT AND PERFORMANCE field Advanced Technology Center to support Within available funds, the conference ASSURANCE the new Office of Legacy Management. agreement includes $2,500,000 for the Waste The conference agreement provides FUNDING FOR DEFENSE ACTIVITIES IN IDAHO Management Education and Research Con- $22,575,000, the same as the budget request, The conference agreement provides sortium consistent with the terms of its co- for the independent oversight and perform- $112,306,000 as proposed in the House Report operative agreement with the Department, ance assurance program. to fund the defense-related activities at the and $500,000 to support the Energy and Envi- ENVIRONMENT, SAFETY AND HEALTH (DEFENSE) Idaho National Engineering and Environ- ronmental Hispanic Community Participa- mental Laboratory (INEEL) and associated tion project of the Self Reliance Foundation. The conference agreement provides Idaho cleanup sites. From within available funds for Commu- $112,261,000 for defense-related environment, nity and Regulatory Support, the conferees safety and health activities, including NATIONAL SECURITY PROGRAMS direct the Department to use $1,000,000 for $18,910,000 for program direction. The con- ADMINISTRATIVE SUPPORT regulatory and technical assistance to the ferees have provided $3,075,000, an increase of The conference agreement provides State of New Mexico to amend the existing $2,075,000 above the budget request, for med- $86,679,000 as proposed by the House for na- WIPP Hazardous Waste Permit to comply ical monitoring at the gaseous diffusion tional security programs administrative sup- with the provisions of section 310 of this Act. plants at Paducah, Kentucky, and Ports- port. mouth, Ohio, and Oak Ridge, Tennessee. The Also from within available funds, the con- OFFICE OF HEARINGS AND APPEALS conferees have provided $4,000,000 to continue ferees provide $3,000,000 for the US-Mexico The conference agreement provides Border Program and expect the funds to be the DOE worker records digitization project through the Research Foundation at the Uni- $3,797,000 for the Office of Hearings and Ap- allocated for the following activities which peals, the same as the budget request. focus on reducing waste streams that threat- versity of Nevada-Las Vegas. The conferees FUNDING ADJUSTMENTS en public health along the US-Mexico border: direct the Department to establish an em- Ongoing university programs associated with ployee field resource center in the Bay Area Funding adjustments include a security the needs of Carlsbad and WIPP and the Cen- of the State of California within 120 days of charge for reimbursable work of $712,000 and ter of Excellence in Hazardous Materials. enactment. a reduction of $15,000,000 to be applied to Within the funds available for community Energy Employees Compensation Initiative.— those programs that have balances carried and regulatory support, the conferees direct The conferees are very concerned about the over from prior fiscal years and lower pri- the Department to provide $1,000,000 for the Department’s lackluster performance to date ority program activities. State of Nevada and $4,000,000 for the af- in processing the employee claims under DEFENSE NUCLEAR WASTE DISPOSAL fected units of local government for external Subtitle D of the Energy Employees Occupa- The conference agreement provides oversight activities related to nuclear waste tional Illness Compensation Program Act $390,000,000 for the defense contribution to disposal in Nevada. (EEOICPA) of 2000. The conferees do not the nuclear waste repository program, a re- adopt the Senate proposal to transfer respon- DEFENSE ENVIRONMENTAL MANAGEMENT duction of $40,000,000 from the request. sibility for processing the Subtitle D claims PRIVATIZATION from the Department of Energy to the De- POWER MARKETING ADMINISTRATIONS (RESCISSION) partment of Labor. However, if the Depart- BONNEVILLE POWER ADMINISTRATION FUND The conference agreement includes the re- ment does not show significant improvement The conferees are aware of the Department scission of $15,329,000 from the Defense Envi- in processing Subtitle D claims during fiscal of the Treasury’s concerns relating to Bon- ronmental Management Privatization ac- year 2004, the conferees will consider seri- neville Power Administration’s financial account as proposed by the Senate. The bal- ously such a transfer next fiscal year. The counting practices and expect Bonneville to

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.103 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11103 rectify the situation as soon as is possible. control systems, and electronic relays for ferees expect the Secretary to use the flexi- The conferees agree with the House Report generating stations, switching stations, and bility provided by subsection (a)(3) to stag- language directing the Secretary of Energy substations from the definition of critical ger the award dates for these five contracts, to conduct a review of Bonneville’s mission, cyber assets. Computer systems that provide so that incumbents and other potential bid- management, and financial condition and security to the national power grid are in- ders do not have to compete for multiple make specific recommendations to Congress creasingly integrated among generation, contracts with the same award date, as to address GAO findings. The Secretary transmission, and distribution, and control would be the case with the Argonne-East and should submit this report to the House and and communication functions, and therefore Argonne-West contracts. Senate Committees on Appropriations by share interdependent vulnerability. Given The conferees strongly encourage the Sec- April 30, 2004. No new direct loan obligations that technologies exist in the marketplace retary to use the competitive procedures may be made during fiscal year 2004. to protect plant-level control systems, the outlined in 41 U.S.C. 253. The exemption from full and open competition for federally fund- OPERATION AND MAINTENANCE, SOUTHEASTERN conferees encourage the Federal Energy Reg- ulatory Commission to ensure that process ed research and development centers POWER ADMINISTRATION (FFRDCs), as provided in 41 U.S.C. 253(c)(3), The conference agreement includes control systems, switching stations, and substations are adequately protected by any shall not be used as a rationale for not com- $5,100,000, the same as the budget request, for peting these five laboratory contracts. The cyber security standards issued for the na- the Southeastern Power Administration. The Department has successfully competed a conference agreement provides $34,000,000 for tional power grid. The conferees have concerns regarding the number of contracts for other DOE labora- purchase power and wheeling in fiscal year continuing impacts of Enron’s past business tories that have been, and continue to be, 2004. The offsetting collections total of designated as FFRDCs, and the FFRDC sta- practices on electricity customers in Nevada $34,000,000 includes $15,000,000 made available tus of the five laboratories that are the sub- wherein Enron Power Marketing, Inc., termi- in Public Law 106–377 for use in fiscal year ject of this section should not be used to nated forward power contracts it entered 2004, plus an additional $19,000,000 provided in avoid competition for those contracts. The into with Sierra Pacific Power Company and this Act. Secretary may, however, use the flexibility Nevada Power Company and is now seeking provided in 41 U.S.C. 253 to tailor a procure- OPERATION AND MAINTENANCE, SOUTHWESTERN under bankruptcy protection to enforce full POWER ADMINISTRATION ment that will attract both for-profit and collection of termination payments for such non-profit bidders. The conference agreement includes contracts even though no power was ever de- Sec. 302. The conference agreement in- $28,600,000, the same as the budget request, livered. In addition to the substantial record cludes a provision proposed by the House and for the Southwestern Power Administration. of fraud and market manipulation which has Senate that none of the funds may be used to The conference agreement provides $1,800,000 been established through Congressional over- prepare or implement workforce restruc- for purchase power and wheeling in fiscal sight, the FERC, based upon its own inves- turing plans or provide enhanced severance year 2004. The offsetting collections total of tigation has appropriately sanctioned Enron payments and other benefits and community $1,800,000 includes $288,000 made available in with a ‘‘death penalty’’ prohibition against assistance grants for Federal employees of Public Law 106–377 for use in fiscal year 2004, participation in the energy trading business the Department of Energy under section 3161 plus an additional $1,512,000 provided in this in the future. The conferees expect FERC to of the National Defense Authorization Act of Act. The Committee recommendation also review carefully the uniquely inequitable Fiscal Year 1993, Public Law 102–484. This provides authority for Southwestern to ac- circumstances such as those in Nevada which provision has been carried in previous En- cept advances from non-Federal entities to could result in additional adverse impacts on ergy and Water Development Appropriations provide interconnections to Southwestern’s electricity consumers resulting from Enron’s Acts. transmission system. past illegal activities. Further, the conferees Sec. 303. The conference agreement in- CONSTRUCTION, REHABILITATION, OPERATION encourage FERC to view any contract for cludes a provision proposed by the House and AND MAINTENANCE, WESTERN AREA POWER the sale of electric energy at wholesale that Senate that none of the funds may be used to ADMINISTRATION contains rates, terms, or conditions affected augment the $13,400,000 made available for obligation for severance payments and other The conference agreement provides by any manipulative or fraudulent activity benefits and community assistance grants $177,950,000, an increase of $6,950,000 over the to be deemed contrary to the public interest. unless the Department of Energy submits a budget request for Western Area Power Ad- GENERAL PROVISIONS reprogramming request subject to approval ministration. The conference agreement in- DEPARTMENT OF ENERGY by the appropriate Congressional commit- cludes $6,200,000 for the Utah Mitigation and Sec. 301. The conference agreement modi- tees. This provision has been carried in pre- Conservation Account and $750,000 on a non- fies bill and report language proposed by the vious Energy and Water Development Appro- reimbursable basis for a transmission study House requiring competition of certain man- priations Acts. on the placement of 500 MW of wind energy agement and operating (M&O) contracts of Sec. 304. The conference agreement in- in North Dakota and South Dakota. The con- the Department of Energy. This section ap- cludes a provision proposed by the House and ference agreement provides $186,100,000 for plies to those M&O contracts that were Senate that none of the funds may be used to purchase power and wheeling in fiscal year awarded non-competitively over fifty years prepare or initiate Requests for Proposals for 2004. The offsetting collections for purchase ago (i.e., fifty years prior to the start of fis- a program if that program has not been fund- power and wheeling includes $20,000,000 made cal year 2004). The affected contracts are speed by Congress in the current fiscal year. available in Public Law 106–377 for use in fis- cifically identified as: Ames Laboratory, Ar- This provision also precludes the Depart- cal year 2004, plus an additional $162,108,000 gonne National Laboratory, Lawrence ment from initiating activities for new pro- provided in this Act. The conference agree- Berkeley National Laboratory, Lawrence grams which have been proposed in the budg- ment includes $4,825,000 for upgrades to sub- Livermore National Laboratory, and Los Al- et request, but which have not yet been fund- stations and transmission lines for the South amos National Laboratory. ed by Congress. This provision has been car- of Phoenix portion of the Parker-Davis Subsection (a) limits the use of appro- ried in previous Energy and Water Develop- project as proposed by the House. priated funds to pay for these contracts un- ment Appropriations Acts. FALCON AND AMISTAD OPERATING AND less the Secretary, not later than 60 days (TRANSFERS OF UNEXPENDED BALANCES) MAINTENANCE FUND after enactment of this Act, notifies Con- Sec. 305. The conference agreement in- The conference agreement includes gress and publishes in the Federal Register a cludes a provision proposed by the House and $2,640,000, the same as the budget request, for notice of his decision to compete these con- Senate that permits the transfer and merger the Falcon and Amistad Operating and Main- tracts when their current terms expire. Sub- of unexpended balances of prior appropria- tenance Fund. section (a)(2) allows the Secretary to use a tions with appropriation accounts estab- reasonable amount of funds to maintain op- FEDERAL ENERGY REGULATORY COMMISSION lished in this bill. This provision has been erations of these contracts during the 60–day carried in previous Energy and Water Devel- SALARIES AND EXPENSES period beginning on the date of enactment of opment Appropriations Acts. The conference agreement includes this Act. Sec. 306. The conference agreement in- $204,400,000 for the Federal Energy Regu- The conferees recognize the challenges includes a provision proposed by the House and latory Commission (FERC), an increase of herent in competing these contracts, espe- Senate prohibiting the Bonneville Power Ad- $5,000,000 over the budget request. The con- cially those that are currently managed by ministration from performing energy effi- ferees provide the additional funds for FERC non-profit educational institutions and those ciency services outside the legally defined work related to the August 2003 blackout and that are located on university property. The Bonneville service territory unless the Ad- for subsequent implementation of enforce- conferees expect that the Secretary’s Blue ministrator certifies in advance that such able reliability standards. Revenues for Ribbon Commission on the Use of Competi- services are not available from private sec- FERC are set at an amount equal to the tive Procedures for DOE Laboratories will tor businesses. This provision has been car- budget authority, resulting in a net appro- advise the Secretary how to address these ried in previous Energy and Water Develop- priation of $0. challenges. Further, the conferees recognize ment Appropriations Acts. The conferees are concerned that the cyber the difficulties of competing these five lab- Sec. 307. The conference agreement in- security standard recently announced by the oratory contracts over the next two fiscal cludes a provision proposed by the House es- North American Electric Reliability Council years, which is the time span during which tablishing certain notice and competition re- omits process control systems, distributed the current contracts will expire. The con- quirements for Department of Energy user

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.106 H07PT1 H11104 CONGRESSIONAL RECORD — HOUSE November 7, 2003 facilities. This provision has been carried in repackage residues; and scrub alloy as ref- Sec. 315. The conference agreement in- previous Energy and Water Development Ap- erenced in the ‘‘Final Environmental Impact cludes a provision proposed by the Senate re- propriations Acts. Statement on Management of Certain Pluto- garding the reinstatement and transfer of Sec. 308. The conference agreement in- nium Residues and Scrub Alloy Stored at the the FERC License for Project No. 2696. cludes a provision proposed by the House and Rocky Flats Environmental Technology Sec. 316. The conference agreement in- Senate allowing the Administrator of the Site’’. This provision has been carried in pre- National Nuclear Security Administration to vious Energy and Water Development Appro- cludes a provision limiting the use of funds authorize certain nuclear weapons produc- priations Acts. provided for external oversight activities by tion plants, including the Nevada Test Site, Sec. 311. The conference agreement in- the State of Nevada and the affected units of to use not more than 2 percent of available cludes a provision that requires that waste local government. funds for research, development and dem- characterization at WIPP be limited to de- Provisions not adopted by the conference.— termining that the waste is not ignitable, onstration activities. This provision has The conference agreement deletes language corrosive, or reactive. This confirmation will been carried in previous Energy and Water proposed by the Senate that: changes the ar- Development Appropriations Acts. be performed using radiography or visual examination of a representative subpopulation rangement for funding from the power mar- Sec. 309. The conference agreement in- keting administrations for Corps of Engi- cludes a provision proposed by the House and of the waste. The language directs the De- partment of Energy to seek a modification neers hydropower operation and mainte- Senate which would authorize intelligence nance activities; the limitation on funds activities of the Department of Energy for to the WIPP Hazardous Waste Facility Per- mit to implement the provisions of this sec- available for engineering development of the purposes of section 504 of the National Secu- tion. robust nuclear earth penetrator; transfer re- rity Act of 1947 until enactment of the Intel- Sec. 312. The conference agreement modi- sponsibility for Subtitle D of the Energy Em- ligence Authorization Act for fiscal year fies a provision proposed by the Senate al- ployees Occupational Illness Compensation 2004. lowing the disposal of certain waste at Program Act (EEOICPA) from the Depart- Sec. 310. The conference agreement in- Fernald, Ohio, and the Niagara Falls Storage cludes a provision proposed by the Senate ment of Energy to the Department of Labor; Site as ‘‘byproduct material’’ as defined by and that requires a report on administrative limiting the types of waste that can be dis- section 11e.(2) of the Atomic Energy Act. posed of in the Waste Isolation Pilot Plant in expenditures by DOE for EEOICPA activi- Sec. 313. The conference agreement in- ties. New Mexico. None of the funds may be used cludes a provision proposed by the Senate to dispose of transuranic waste in excess of limiting the funds that may be expended CONFERENCE RECOMMENDATIONS 20 percent plutonium by weight for the ag- under the Advanced Concepts Initiative. gregate of any material category. At the Sec. 314. The conference agreement modi- The conference agreement’s detailed fund- Rocky Flats site, this provision includes: ash fies a provision proposed by the Senate relating recommendations for programs in title residues; salt residues; wet residues; direct ing to the Martin’s Cove lease. III are contained in the following table.

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VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.108 H07PT1 Insert graphic folio 352/322 EH07NO03.075 H11118 CONGRESSIONAL RECORD — HOUSE November 7, 2003 TITLE IV tential safety and security risks of spent nu- [In thousands of dollars] INDEPENDENT AGENCIES clear fuel presently stored in cooling pools, New budget (obligational) including the density of such storage; (2) APPALACHIAN REGIONAL COMMISSION authority, fiscal year safety and security advantages, if any, of dry 2003 ...... $26,712,195 The conference agreement appropriates cask storage versus wet pool storage at reac- Budget estimates of new $66,000,000 for the Appalachian Regional tor sites; and (3) potential safety and secu- (obligational) authority, Commission instead of $33,145,000 as proposed rity advantages, if any, of dry cask storage fiscal year 2004 ...... 27,427,496 by the House and $71,145,000 as proposed by using various single-, dual-, and multi-pur- House bill, fiscal year 2004 27,585,000 the Senate. The conferees support the Appa- pose cask designs. In light of the September Senate bill, fiscal year 2004 27,857,232 lachian-Turkish Trade Project to promote 11, 2001, terrorist attacks, this study should Conference agreement, fis- trade and investment opportunities. From explicitly consider the risks of terrorist at- cal year 2004 ...... 27,830,900 within available funds, $1,000,000 is provided tacks on these materials and the risk these Conference agreement to construct a multi-purpose facility for materials might be used to construct a radi- compared with: Noxubee County, Mississippi. ological dispersal device. The National Acad- New budget The conferees direct that no Appalachian emy of Sciences should deliver a classified (obligational) author- Regional Commission funds shall be appro- report to the House and Senate Committees ity, fiscal year 2003 ...... +1,118,705 priated to Local Development Districts or on Appropriations no later than six months Budget estimates of new other recipients of Commission funds who do after funding is provided to undertake this (obligational) author- not make available to the public on request study and an unclassified summary as soon ity, fiscal year 2004 ...... +403,404 their audited statements, annual budgets, as practicable thereafter. House bill, fiscal year minutes of meetings, and who do not give From within funds made available to the 2004 ...... +245,900 reasonable notification of their meetings to Nuclear Regulatory Commission, the con- Senate bill, fiscal year the public and allow the public to attend ferees direct the Commission to transfer 2004 ...... ¥26,332 such meetings. $1,000,000 to the National Academy of DAVID L. HOBSON, DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sciences to undertake this study. The con- RODNEY P. SALARIES AND EXPENSES ferees expect the Commission to execute this FRELINGHUYSEN, transfer within 30 days of enactment of this The conference agreement includes TOM LATHAM, Act. This study should be conducted in co- $19,559,000 for the Defense Nuclear Facilities ZACH WAMP, ordination with the Department of Home- Safety Board as proposed by the House and JO ANN EMERSON, land Security and the Department of Energy. Senate. JOHN T. DOOLITTLE The conferees expect the Nuclear Regulatory JOHN E. PETERSON, DELTA REGIONAL AUTHORITY Commission, the Department of Homeland MICHAEL K. SIMPSON, SALARIES AND EXPENSES Security, and the Department of Energy to BILL YOUNG, The conference agreement appropriates make available to the National Academy of PETER J. VISCLOSKY, $5,000,000 for the Delta Regional Authority Sciences the information it needs to com- CHET EDWARDS, instead of $2,000,000 as proposed by the House plete this study in a timely manner. Fur- ED PASTOR, and $7,000,000 as proposed by the Senate. The ther, the Department of Homeland Security JAMES E. CLYBURN, conferees direct the Authority to submit to is expected to contribute funding to this Na- MARION BERRY, the House and Senate Committees on Appro- tional Academy of Sciences study to meet its DAVID R. OBEY, priations quarterly financial reports pro- requirement for a separate analysis of the Managers on the Part of the House. viding detailed accounting data on the ex- safety and security of spent nuclear fuel penditures of funds during fiscal year 2004. storage at commercial nuclear power plants. PETE V. DOMENICI, The conferees also expect to receive from the TITLE V THAD COCHRAN, MITCH MCCONNELL, Authority a detailed budget justification for GENERAL PROVISIONS the fiscal year 2005 budget. The Authority ROBERT F. BENNETT, failed to comply with this requirement in Section 501. The conference agreement in- CONRAD BURNS, fiscal year 2004. cludes language proposed by the House and LARRY CRAIG, the Senate directing that none of the funds DENALI COMMISSION CHRISTOPHER BOND, appropriated in this Act may be used in any TED STEVENS, The conference agreement appropriates way, directly or indirectly, to influence con- HARRY REID, $55,000,000 for the Denali Commission instead gressional action on any legislation or ap- ROBERT BYRD, of $48,500,000 as proposed by the Senate and propriation matters pending before Congress FRITZ HOLLINGS, no funding as proposed by the House. Within except to communicate to Members of Con- PATTY MURRAY, the funds provided, the conferees expect the gress. BYRON L. DORGAN, Denali Commission to fund the projects out- Section 502. The conference agreement in- DIANNE FEINSTEIN, lined in the Senate Report, the Hope dis- cludes language proposed by the Senate re- DANIEL K. INOUYE, tribution line relocation, and the South- garding the purchase of American-made Managers on the Part of the Senate. eastern Alaska Intertie System including equipment and products, and prohibiting the Upper Lynn Canal power supply project, contracts with persons falsely labeling prod- f the Swan Lake-Lake Tyee segment, the Ju- ucts as made in America. The House bill in- MESSAGE FROM THE SENATE neau-Green’s Creek-Hoonah segment, and cluded a provision regarding the false label- planning and permitting for the Petersburg- ing of products. A message from the Senate by Mr. Kake segment. Section 503. The conference agreement in- Monahan, one of its clerks, announced The conferees are very concerned that the cludes language proposed by the House re- that the Senate has passed without Commission did not comply with the require- garding the transfer of funds made available amendment a bill of the House of the ment that it submit a detailed budget jus- in this Act to other departments or agencies following title: tification for fiscal year 2004. Therefore, the of the Federal government. H.R. 3232. An act to reauthorize certain conferees have agreed to include a provision Section 504. The conference agreement in- in the bill which provides that $5,500,000 shall school lunch and child nutrition programs cludes language proposed by the House mak- through March 31, 2004. not be available to the Commission until the ing a technical correction to the Consoli- Commission submits a detailed budget jus- dated Appropriations Resolution, 2003. The message also announced that the tification for the fiscal year 2005 budget. Provisions not included in the conference Senate has passed with amendments in NUCLEAR REGULATORY COMMISSION agreement.—The conference agreement does which the concurrence of the House is SALARIES AND EXPENSES not include language proposed by the House requested, a Joint Resolution of the regarding the release of water from the San The conference agreement includes House of the following title: Juan Chama project and the Middle Rio $618,800,000 as proposed by the House and the H.J. Res. 63. Joint Resolution to approve Grande project and language proposed by the Senate, to be offset by revenues of the ‘‘Compact of Free Association, as amend- House regarding the export of certain mate- $538,844,000, for a net appropriation of ed between the Government of the United rials to the Peoples’ Republic of North $79,956,000. This reflects the statutory lan- States of America and the Government of Korea. guage adopted by the conference in fiscal the Federated States of Micronesia’’, and the year 2001 to reduce the fee recovery require- CONFERENCE TOTAL—WITH COMPARISONS ‘‘Compact of Free Association, as amended ment to 92 percent in fiscal year 2004. The total new budget (obligational) au- between the Government of the United The conferees direct the Nuclear Regu- thority for the fiscal year 2004 recommended States of America and the Government of latory Commission to contract with the Na- by the Committee of Conference, with com- the Republic of the Marshall Islands’’, and tional Academy of Sciences for a study of parisons to the fiscal year 2003 amount, the otherwise to amend Public Law 99–239, and spent nuclear fuel storage at commercial re- 2004 budget estimates, and the House and to appropriate for the purposes of amended actor sites. The study should assess (1) po- Senate bills for 2004 follow: Public Law 99–239 for fiscal years ending on

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.109 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11119 or before September 30, 2023, and for other Mr. DELAY. Mr. Speaker, I do not legislation, you did not mention that. purposes. anticipate being in next Friday. Can you tell me when or if you expect The message also announced that the Mr. HOYER. All right. So we will be that bill to come to the floor? I yield to Senate has passed without amendment off Friday. Now, is the gentleman pret- the gentleman. a Joint Resolution of the House of the ty definite on the following Monday Mr. DELAY. I thank the gentleman following title: that we will be in at 6:30 as opposed to for yielding. We do not intend to con- H.J. Res. 76. Joint Resolution making fur- the normal Tuesday? sider that, the tax proposal, next week, ther continuing appropriations for the fiscal Mr. DELAY. Mr. Speaker, as definite but would still like for the House to year 2004, and for other purposes. as one can be. But as I mentioned, we consider it before the end of this ses- The message also announced that the will evaluate the workload for that sion and before the EU has the oppor- Senate has passed bills of the following week. If at all possible, we could prob- tunity to retaliate against American titles in which the concurrence of the ably start on Tuesday. But I think businesses. House is requested: Members need to plan that we could Mr. HOYER. Reclaiming my time, we S. 1066. An act to correct a technical error very well have votes on Monday night. too are concerned about the WTO’s from Unit T–07 of the John H. Chafee Coastal Mr. HOYER. Mr. Speaker, I thank finding of noncompliance and the EU’s Barrier Resources System. the majority leader. Last week we assertion that if we do not act by the S. 1643. An act to exempt certain coastal passed a continuing resolution until end of the year they are going to act. barrier property from financial assistance November 21. The gentleman did not That is a $4 billion item possible cost and flood insurance limitations under the indicate in his discussion of the sched- to this country. Coastal Barriers Resources Act and the Na- ule for the next 2 weeks the balance of My understanding is the gentleman tional Flood Insurance Act of 1968. S. 1663. An act to replace certain Coastal appropriations bills that are pending, from California (Mr. THOMAS) has a Barrier Resources System maps. nor did he mention an omnibus appro- bill. As the gentleman knows, there is f priation bill. Can he clarify and give us an alternative available which, I think, his best thinking at this point in time frankly enjoys bipartisan support, at LEGISLATIVE PROGRAM as to where we are on the CR for No- least the letters that are being sent (Mr. HOYER asked and was given vember 21 and being able to leave on around to colleagues would indicate permission to address the House for 1 November 21? I know the gentleman that. In light of the fact that we want minute.) mentioned the possibility of being here to pass legislation, Mr. Leader, can you Mr. HOYER. Mr. Speaker, at this on Saturday, November 22. And does assure us that the Crane-Rangel-Man- time I am pleased to yield to the dis- the gentleman expect any appropria- zullo alternative would be allowed as a tinguished majority leader, the gen- tions bills other than the energy and substitute to that piece of legislation tleman from Texas (Mr. DELAY), for water, which he did reference would be to assure that we could, in fact, pass the purposes of informing us of the on the floor either next week or the something? schedule for next week and, perhaps, following week? Mr. DELAY. Mr. Speaker, I would an- the coming weeks. I yield to the gentleman. ticipate that we would follow regular Mr. Speaker, I yield to the gentleman Mr. DELAY. Mr. Speaker, as the gen- order and the traditions of the House. from Texas. tleman knows, we have five conference And a bill that comes from the Com- Mr. DELAY. Mr. Speaker, I thank the reports completed. We have three more mittee on Ways and Means is always gentleman from Maryland (Mr. HOYER) bills in conference and one more, agri- tightly held in a rule. I cannot antici- for yielding to me. culture, that we could be able to go to pate what the Committee on Rules Mr. Speaker, the House will convene conference on next week. It is my un- may write at this particular time, but on Wednesday of next week at 2 p.m. derstanding that the Senate may at- it has been our tradition in this House for legislative business. We will contempt to complete additional bills next that at least one substitute or a mo- sider several measures under suspen- week. But at some point I would antici- tion to recommit, or both, have been sion of the rules. A final list of those pate that the Senate would ask us to allowed on bills that come from the bills will be sent to the Members’ of- consider several of the remaining bills Committee on Ways and Means. fices by the end of today. Any votes in a larger package. Mr. HOYER. Mr. Speaker, I thank called on these measures will be rolled When, and if, they do, we will try to the gentleman for that observation. until 6:30 p.m. do our best to maximize the House’s With respect to the Labor-HHS-Edu- On Thursday the House will convene position based on the bills that the cation bill, which is the largest appro- at 10 a.m. for legislative business. We House has already passed. The gen- priation bill, as the gentleman knows, plan to consider the conference report tleman knows that the House has that still is outstanding, do you expect on H.R. 6, the Energy Policy Act of passed all 13 of the appropriations bills, that we will have a freestanding con- 2003, and the conference report on H.R. and I would hope that whatever process ference report on that bill, or do you 2754, the Energy and Water Develop- is necessary to wrap up these appro- expect it to be rolled into an omnibus? ment Appropriations Act for fiscal year priations measures we would be able to Mr. DELAY. If the gentleman would 2004. complete them by November 21, there- yield, I hope, and I know, I hope that Now for the following week, the week by not requiring another continuing the Labor-HHS appropriations bill for of November 17, we expect our first resolution that week. However, if all 2004 would be considered freestanding votes to occur after 6:30 p.m. on Mon- that falls apart, obviously we would be and on its own. A lot of work has been day. We will confirm this schedule considering a continuing resolution in put into that bill. The conference com- early next week as we get a better that week. mittee is working as hard as it can to sense of the workload and timing for Mr. HOYER. Reclaiming my time, I get it out before November 21. And as completion of the various conference thank the gentleman for that informa- this House has been working so hard to reports. But Members should know tion. If that occurs, as the gentleman have all these bills freestanding con- that there is a good chance that we says may happen, if that occurs, can ference reports so that Members can would be in session through Saturday, you give us your current thinking with consider them individually, I would November 22. reference to the date to which a further hope that it would be freestanding and Mr. Speaker, I thank the gentleman continuing resolution would be tar- the House could vote on it. However, if for yielding, and I will be glad to an- geted? things fall apart, it could be a can- swer any questions. Mr. DELAY. I cannot anticipate that didate for the larger package. Mr. HOYER. Mr. Speaker, reclaiming right now. Those discussions have not Mr. HOYER. Mr. Speaker, reclaiming my time, I am not sure by the an- gone on. Actually, people are focused my time, as the majority leader knows, nouncement regarding next week’s on getting the appropriations process there is substantial concern on this schedule. Is it the gentleman’s expecta- done by November 21. side of the aisle in this part of the tion that we will be in next Friday or Mr. HOYER. Reclaiming my time, House that some 206 or more districts, not? Mr. Leader, the FSC bill, Foreign Sales perhaps, will be left out of this bill in I yield to the gentleman. Corporations Extraterritorial Income terms of consideration for individual

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00139 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.058 H07PT1 H11120 CONGRESSIONAL RECORD — HOUSE November 7, 2003 education and/or health projects. I not able to articulate their view, will both Houses, is a very important venue want to express our great concern at least get 48 hours receipt of the con- for the formulation of policy. Demo- about that. There has been a lot of dis- ference report for the opportunity to crats are not being given access to cussion about it in the press, a lot of review it for 2 days before it comes to those considerations in a full manner. discussion about it on the floor. The the floor. But I am pleased, Mr. Leader, that 48 gentleman does not necessarily need to I ask the leader in the case of the en- hours prior to the conference meeting, comment on it, but I want to empha- ergy bill, will that be the policy on this that we will be getting, whenever that size to him the great concern that we side of the aisle and, therefore, if the may occur, that we will be getting a have, as two people who have served on energy bill is coming on Wednesday or copy of the marked up proposal so that the Committee on Appropriations. The Thursday, will the conferees receive at we can consider that, digest it, and majority leader is not on the Com- least a copy of the conference report no bring our views to the conference. mittee on Appropriations now, but he later than Monday? I assume, Mr. Leader, that that con- has served on that committee. I am not Mr. DELAY. After consulting with ference will be unlike the FAA con- sure he has been on there 2 decades, the gentleman from Louisiana (Mr. ference to which this body recommit- but a long time. If that occurs, in my TAUZIN), I am confident that the House ted a bill, which never met as the gen- memory that would be the first time. will be able to take up this conference tleman from Florida (Mr. MICA) point- Now, of course when Mr. Natcher was report next week; and if we go forward ed out on the floor, it never met, and the Chair, there were no specific with that schedule, I can assure the as the gentleman from California (Mr. projects delineated for individual dis- gentleman that the language of the DREIER) has lamented and, as a result, tricts listed in that bill. But from the conference report will be circulated you have to waive the rules. Mr. Leader, with respect to Medicare, time that that started to be done in sometime on Monday so that the con- we are in the same position. Do you ex- the mid-90s, this is the first time that ferees will have the opportunity to re- pect the Medicare prescription drug I can recall on this bill or any other view it before the conference com- bill to be on the floor any time in the bill, that there has been a blanket pre- mittee completes its business. next 2 weeks? clusion of over 200 districts from par- This schedule should also allow plen- Mr. DELAY. Mr. Speaker, I appre- ticipation in the investments made in ty of time for all Members of the House to review the conference report before ciate the gentleman yielding. This is a those bills in the welfare of the Amer- very complicated bill. It is very exten- it is scheduled. As the gentleman also ican people. So I want to express that. sive. It has taken hours, hundreds of knows, the conference is a long time The gentleman does not need to re- hours of work on staff and Members’ coming. There was a full conference spond to that. I will yield to him if he parts. The gentleman from California formal meeting on September 5. All wants to make a comment. He does not (Mr. THOMAS) is trying to put together Members were invited and I think all need to respond, but I want to reiterate a proposal that he can submit to the Members attended. But I would like to that. conference committee. Various Mem- point out to the gentleman, Mr. Speak- Mr. Leader, on the conference report bers from both sides of the aisle and er, that in House committees alone on energy, I also want to ask you about both sides of the Capitol have been of- there have been 80 public hearings, 11 the labor-health because of the mag- fering him input on this proposal. And nitude of these bills. markups and 224 amendments consid- based on my conversations with the ered on this bill. And since 2001 the b 1230 chairman, his proposal could come very House has dedicated 5 legislative days soon, or at least in the next 2 weeks. The energy bill, obviously, is a major to debating the energy bill on the floor piece of legislation, an important piece But I cannot predict for certain when with 39 amendments considered. the conference committee will meet to of legislation. For the past several Since 2002, the energy conferees have consider this proposal or when the weeks you and I have been talking held nine public meetings to debate the about conferences. You indicated this House will vote on the Medicare con- comprehensive national energy bill for ference report. bill is coming to the floor. I again a total of 24 hours and 47 minutes. And I am aware of the anxieties many of bring to your attention, Mr. Leader, in 2003 alone, Republican and Demo- the Members feel about the progress of that our Members appointed by the cratic energy conference staff have met the Medicare legislation, but the gen- Speaker to the conference have no no less than 10 times for more than 48 tleman from California (Mr. THOMAS), knowledge of a meaningful conference hours of discussions. And, ultimately, chairman of the conference, is working having been held on this bill. They do the decision on whether or not there with all of the Members who want to not have any meaningful knowledge of will be additional conference commit- improve the bill in order to craft a what might be in the bill. tees does not lie in the House because final product he can present to all the That is true as well, I will tell the the Senate is chairing the conference. conferees. leader, of the labor-health bill. I am a And should there be an additional We know how important this legisla- conferee on the labor-health bill. I meeting, I can assure the gentleman tion is to the credibility of this body have received no notices of meetings. I that all the Members on the House side and to the well-being of American sen- have attended no meetings. I have of that conference will be invited to at- iors for years to come. So I am sure learned of no meetings with respect to tend. that you would understand the need that bill. The lack of the ability of Mr. HOYER. Reclaiming my time, not to hurry in this process. And so, Democrats to participate in these con- the key phrase there, Mr. Leader, is that said, the gentleman from Cali- ferences, again, I tell the leader from should a conference be required. You fornia (Mr. THOMAS) is very close to my perspective, is unprecedented. It is are having meetings. We know that. completing years of work that have certainly not unprecedented when You are having discussions. We know been put into this bill and has assured Members meet with them. One side of that. I reiterate again, notwith- the leadership that he will have a pro- the aisle would talk about their strate- standing all your numbers there, the posal to present to all conferees in the gies, their priorities, their objectives. Democrats are not included. very near future. But, historically, when conferences I will tell the gentleman further, as Mr. HOYER. I thank the gentleman have met, both sides have been invited he knows, that in the other body the for his observation; but, Mr. Leader, let to attend. There has been discussion bill that passed the Senate was the me say something. Really what you about issues. Senate-passed bill from last year. Sen- just said is the gentleman from Cali- The energy bill which is con- ator DOMENICI, who is one of the con- fornia (Mr. THOMAS) is meeting with all templated to come to this floor next ferees on the floor, said we are going to those who seek to improve the legisla- week, I tell the gentleman, our side substantially rewrite this bill in con- tion. Improvement, of course, is in the does not perceive that has happened. ference. So the debate on the floor eye of the beholder. There are 435 Mem- They have not participated. And I seemed somewhat irrelevant. It was a bers elected to this House, Mr. Leader, know that there has been a pledge that device to get them to conference. as we all know. Their perspective on the conferees will at least, even though So this conference, more than some what improves or harms legislation dif- they are not participating, not invited, others where real bills were passed in fers, sometimes very substantially. But

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00140 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.060 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11121 our Founding Fathers, Mr. Leader, As you will recall, the Speaker ap- Now, I have been here a little longer formed a House representing a diverse pointed eight out of the nine Repub- than the leader, but we have both been American public, from many regions of lican conferees who had opposed the here a long time, and when we were in this country, many areas of every bill. Now, maybe that is the way the charge you complained as well. There- State. Every State has differences House in your recollection has always fore, you can empathize, as you say, within that State. My State does. Your worked where 250 people vote for some- with the pain that we feel in the mi- State does. thing. It never came out of conference, nority. To say that the gentleman from Cali- not surprisingly, when you had eight b 1245 fornia (Mr. THOMAS) is only going to out of nine of the Republican conferees talk to those that he perceives as in- in the majority that opposed the bill But it is not the pain that we feel is terested in improving that legislation that were in the conference. So appar- so important, we want a bill. We may is to say that a bill that passed this ently if it is on your side of the aisle want a slightly different kind of bill House by one vote after the roll was and you oppose something, locking it than we think that the majority will kept open for some 45 minutes is to say up in conference is okay. If you are on report out on prescription drugs, but that at least half of this House will be our side of the aisle and you want to we want a bill. And the people who sup- excluded. see a Patients’ Bill of Rights or you ported us want a bill, and they may Mr. Leader, that is not in my opinion want to see a Medicare prescription want a bill that is slightly different; and in the opinion of this side of the bill and you want to see a prescription and democracy works when all sit aisle, and I believe in the opinion of the drug bill that does not eliminate Medi- down together and discuss their per- American people, the way they expect care, that provides for affordable and spectives and try to forge a bill which this House to run. It is not the gen- accessible health care at a price that accomplishes their objective. I do not tleman from California’s (Mr. THOMAS) can be afforded by all of our seniors, think we are doing that. I lament that, view of what improves or does not im- then somehow you are perceived as not and I do not think it is in the best in- prove this bill that counts. It is each of wanting to improve the bill and, there- terests of the American people. us who are elected to represent our fore, is not worth being included. Mr. Speaker, it is not in the quality constituents and put on the table the As you know, the gentleman from of legislation that both the gentleman alternatives we believe improve that New York (Mr. RANGEL), one of the sen- from Texas and I want to pass, even if bill. They ought to be considered. We ior Members of this House, the gen- we see that quality somewhat dif- do not believe that is being done, Mr. tleman from California (Mr. THOMAS) ferently. I thank the gentleman for the Leader. tried to have arrested not too long ago information he has given us. Mr. DELAY. If the gentleman will and thrown out of the Committee on f yield, I just have to say to the gen- Ways and Means by the Capitol Police. tleman, I know the gentleman is trying You will recall that the gentleman ADJOURNMENT TO MONDAY, to change the process of the House. We from New York (Mr. RANGEL) has now NOVEMBER 10, 2003 are not operating any differently than gone to where the conferees, theoreti- Mr. DELAY. Mr. Speaker, I ask unan- this House has always operated. cally, were meeting and was asked to imous consent that when the House ad- Every Member that wants to have leave. The gentleman from New York journs today, it adjourn to meet at input on this bill can find ways to have (Mr. RANGEL), the ranking Democrat noon on Monday, November 10, 2003. input. It has been expressed time and on the Committee on Ways and Means, The SPEAKER pro tempore (Mr. time again by the leadership on your one of the seniors. SIMPSON). Is there objection to the reside of the aisle and others that they Now, I will remind the chairman that quest of the gentleman from Texas? do not want this bill. They want a dif- Mr. Rostenkowski chaired this com- There was no objection. ferent kind of bill and a different ap- mittee and invariably made sure that proach. Republicans were, in fact, included, f You have had that opportunity in and invariably when bills came to the ADJOURNMENT FROM MONDAY, presenting that approach and in pre- floor, he had Republicans supporting NOVEMBER 10, 2003 TO WEDNES- senting an alternative and a substitute those bills and they worked with him. DAY, NOVEMBER 12, 2003 for the will of the House, and the gen- And you will recall that he worked Mr. DELAY. Mr. Speaker, I ask unan- tleman made a grand attempt to do with the President of the United States imous consent that when the House ad- that. He failed. He did not have the when we were in the majority to pass journs on Monday, November 10, 2003, it votes to do it. the 1986 tax bill. So that may be your adjourn to meet at 2 p.m. on Wednes- In that process we went to conference recollection, Mr. Leader, of how the day, November 12, 2003. committee. Those Members that are House runs. The SPEAKER pro tempore. Is there willing to work with, instead of ob- Mr. DELAY. If the gentleman will struct, the process of getting a Medi- yield, my recollection is completely objection to the request of the gen- care bill to this floor have been con- different than yours. tleman from Texas? sulted on both sides of the aisle by I can remember serving in the minor- There was no objection. many different people, not just the ity, too, and having the same frustra- f chairman of the conference committee. tions that you have had. It is part of DISPENSING WITH CALENDAR So the process is open and available to the frustrations of being in the minor- WEDNESDAY BUSINESS ON those who are willing to work with us ity. WEDNESDAY NEXT and be constructive and productive in As the gentleman understands, we getting a bill so that the House can are not operating in this regard any Mr. DELAY. Mr. Speaker, I ask unan- vote on it. That is the way this place differently than the gentleman oper- imous consent that the business in works. It is the way it has always ated when you were in the majority. order under the Calendar Wednesday worked. You work with people that want to get rule be dispensed with on Wednesday Mr. HOYER. Reclaiming my time, a bill. You do not waste a lot of time next. Mr. Leader, you and I may have a dif- with people that do not want a bill. The SPEAKER pro tempore. Is there ferent perspective obviously. You re- And then you give everybody the op- objection to the request of the gen- call, as I have discussed in the past, the portunity through the Rules of the tleman from Texas? Patients’ Bill of Rights. Everybody was House to participate either in the full There was no objection. for the Patients’ Bill of Rights. In fact, committee, formal conference com- f in the 106th Congress, as the leader will mittee meetings or here on the floor of ANNOUNCEMENT OF OFFICIAL OB- well recognize, when he was the whip the House, and certainly ultimately ex- JECTORS FOR PRIVATE CAL- and responsible for counting votes, the pressing themselves with their vote. Patients’ Bill of Rights passed this Mr. HOYER. Reclaiming my time, I ENDAR FOR 108TH CONGRESS House with over 250 votes of people who agree with the leader. We disagree. Our The SPEAKER pro tempore. On be- saw it in a way that ought to pass, recollections are not the same. Our ex- half of the majority and minority lead- ought to be the law of the land. periences are not the same. erships, the Chair announces that the

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00141 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.062 H07PT1 H11122 CONGRESSIONAL RECORD — HOUSE November 7, 2003 official objectors for the Private Cal- the people there have hope, which they largest population of Medicare-eligible endar for the 108th Congress are as fol- have not had since Saddam Hussein be- seniors in America. Legislation I have lows: came dictator. worked on over 4 years with Senator For the majority: Mr. Speaker, while the business be- HAGEL includes the drug discount card Mr. COBLE of North Carolina; fore this House is important, we must which is part of this historic landmark Mr. CHABOT of Ohio; and also realize that the foundation for all legislation which will provide for over Mrs. BLACKBURN of Tennessee. of our actions in this Chamber is the 40 million seniors the opportunity to For the minority: freedoms granted to us in the Constitu- receive up to a 25 percent discount on Mr. BOUCHER of Virginia; tion and the Bill of Rights. Our pres- their prescription drug costs. Mr. SCHIFF of California; and ence in Iraq is allowing the Iraqi people This is good news for seniors, wel- Mr. GRIJALVA of Arizona. to, for the first time, establish a Con- comed good news for our seniors in the f stitution where the Iraqis will have the 16th Congressional District, and I am PERSONAL EXPLANATION freedom to vote for a representative hopeful as we continue our bipartisan government, where the rule of law will negotiations that when we conclude (Mr. PEARCE asked and was given prevail, where citizens will not fear for our work on Medicare, it will not only permission to address the House for 1 their lives, their property or their free- be reformed, it will become cost effec- minute and to revise and extend his re- dom. Let us not forget why we are able tive, and it will also contain the vital marks.) to participate in this body, and let us new programs necessary to modernize Mr. PEARCE. Mr. Speaker, I rise for not deny that freedom to Iraq. for the first time in over 35 years this the purpose of entering into the f vitally important safety net, a medical RECORD how I would have voted on delivery system for our seniors. issues before the House on which I was PEACE THROUGHOUT THE WORLD Mr. Speaker, I am excited about the unavailable to vote on Wednesday, Oc- (Ms. JACKSON-LEE of Texas asked drug discount card, I applaud the White tober 29; Thursday, October 30; and Fri- and was given permission to address House for their leadership in taking day, October 31. the House for 1 minute and to revise the idea of Senator HAGEL and myself On Wednesday, October 29, on rollcall and extend her remarks.) to make it permanent law, and we wel- No. 577, I would have voted ‘‘yes.’’ On Ms. JACKSON-LEE of Texas. Mr. come the opportunity to reach out to rollcall No. 578, I would have voted Speaker, I simply want to talk about seniors with this good plan. ‘‘yes.’’ On rollcall No. 579, I would have the issue of peace for a very brief mo- f voted ‘‘yes.’’ ment. On Thursday, October 30, on rollcall Just a few minutes ago, this House VETERANS ISSUES No. 580, I would have voted ‘‘no.’’ On passed the defense authorization bill. (Mr. BALLANCE asked and was given rollcall No. 581, I would have voted As a strong opponent of the initial permission to address the House for 1 ‘‘yes.’’ On rollcall No. 582, I would have entry into Iraq of our troops in 2002 minute and to revise and extend his re- voted ‘‘yes.’’ On rollcall No. 583, I when the resolution was on the floor, marks.) would have voted ‘‘yes.’’ On rollcall No. my opposition stems from the fact that Mr. BALLANCE. Mr. Speaker, next 584, I would have voted ‘‘no.’’ On roll- there was a question as to whether or week we will honor our Nation’s mili- call No. 585, I would have voted ‘‘no.’’ not there were weapons of mass de- tary veterans for their dedication and On rollcall No. 586, I would have voted struction and whether we were under service to the Nation, and I take great ‘‘yes.’’ On rollcall No. 587, I would have imminent attack. I rise today to say pride in this day of remembrance. A voted ‘‘yes.’’ On rollcall No. 588, I that there is a very important role little more than 30 years ago, I had the would have voted ‘‘no.’’ On rollcall No. that our troops around the world can privilege of serving in our National 589, I would have voted ‘‘no.’’ On roll- play. The United States has always had Guard of North Carolina, and so it is call No. 590, I would have voted ‘‘no.’’ the high moral ground on the question with distinction today that we remem- On rollcall No. 591, I would have voted of peace. ber the veterans: the veterans of the al- ‘‘no.’’ On rollcall No. 592, I would have I would like to turn our attention in lied engagement in the Persian Gulf voted ‘‘yes.’’ On rollcall No. 593, I this Nation and this administration to War, the brave men of the 7th Cavalry would have voted ‘‘yes.’’ On rollcall No. the idea beginning to formulate plans at the battle of Ia Drang, the airmen of 594, I would have voted ‘‘no.’’ On roll- for peacekeeping. That is not what is MiG Alley in Korea, the Tuskegee Air- call No. 595, I would have voted ‘‘yes.’’ occurring in Iraq today. Primarily as men of World War II, and so many oth- On rollcall No. 596, I would have voted we see the loss of life accelerate, we ers deserving of the highest honors. ‘‘yes.’’ On rollcall No. 597, I would have need to begin to work steadfastly to They all are brave men and women who voted ‘‘yes.’’ On rollcall No. 598, I draw out collaborators and allies are our United States veterans, and I would have voted ‘‘no.’’ On rollcall No. around the question of peace. am proud this morning to stand in 599, I would have voted ‘‘no.’’ On roll- We were successful in Kosovo and honor of our veterans. call No. 600, I would have voted ‘‘no.’’ Bosnia because we had the NATO al- Next week we will honor our nation’s military On rollcall No. 601, I would have voted lies. We were successful in Liberia be- veterans for their dedication and service to the ‘‘yes.’’ cause we had the work of President nation, and I take great pride in this day of re- Mr. Speaker, the reason for my ab- Obasajno of Nigeria and his peace- membrance. sence and for not voting on these im- keeping efforts. It is imperative that A little more than 30 years ago, I service in portant issues was because I was a this Nation begins to formulate a the North Carolina Army National Guard, dur- member of a congressional delegation strategy for peace and utilize our ing the conflict in Vietnam. Times were uncer- that went to Iraq to visit our troops troops to lift up peace in this world. tain then, soldiers were leaving the nation in and to personally observe conditions f droves, coming back seasoned veterans of a there. war. We did not honor our veterans in the way We were able to visit our troops in DISCOUNT DRUG CARDS they deserved those many decades ago, and Landstuhl, Germany, who have been (Mr. FOLEY asked and was given per- we have learned since that time. injured bringing freedom to Iraq. We mission to address the House for 1 And so it is with distinction today that we re- saw the excellent job our forces are minute and to revise and extend his remember the veteran; the veteran of the allied doing, simultaneously setting up a free marks.) engagement in the Persian Gulf War, the and fair democracy while bringing Mr. FOLEY. Mr. Speaker, the Medi- brave men of the 7th Calvary at the battle of evildoers to justice and establishing care conferees are about to wrap up Ia Drang, the airmen of MiG Alley in Korea, peace in Iraq. We saw the people work- their important work on providing a the Tuskegee Airmen of World War II, and so ing together regardless of ethnicity or prescription drug coverage plan for many others deserving of the highest honors. religion, to restore businesses and hope America’s seniors; and I am excited They all are our brave men and women who to a country formerly under control of about the impact it will have on my are the United States Veteran. despots. Because of our troops and the district, the 16th Congressional Dis- I am of the belief, Mr. Speaker, that the men freedom they are establishing in Iraq, trict of Florida, which has the fifth and women who served our nation should be

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00142 Fmt 7634 Sfmt 9920 E:\CR\FM\K07NO7.064 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11123 honored every day, not merely once a year, would end partial birth abortion, a law The SPEAKER pro tempore. Under a and I believe that America should fully honor that will now end this heinous and previous order of the House, the gen- the debt we owe to our veterans. truly gruesome, barbaric act of killing tleman from Ohio (Mr. BROWN) is rec- Right now, more than 250,000 troops are innocent little boys and girls. ognized for 5 minutes. stationed in Iraq, all of whom will come home But as was all too expected, a lawsuit (Mr. BROWN of Ohio addressed the as war veterans. America’s military veterans was immediately filed and a court im- House. His remarks will appear here- are there for us, wherever and whenever duty mediately prevented this life-saving after in the Extensions of Remarks.) calls. It is our turn to stand up for them. law from going into effect. Most ap- f Through the ‘‘Salute to Veterans and Armed palling is the fact that the court did so LIGHT RAIL IN HOUSTON, TEXAS Forces Act,’’ House Democrats are fighting to not on any sound basis of law, but on The SPEAKER pro tempore. Under a preserve and protect the health care and fi- what is becoming all too often the case previous order of the House, the gentle- nancial future of our nation’s veterans. with courts in this Nation, a decision woman from Texas (Ms. JACKSON-LEE) As we speak, disabled veterans are pre- by the court to simply impose its feel- is recognized for 5 minutes. vented from collecting both their retirement ings on the issue over the findings of a Ms. JACKSON-LEE of Texas. Mr. pensions and disability compensation because legislative body, this United States Speaker, many times I have come to of the unfair Disabled Veterans Tax. Congress. the floor of the House to express what Five hundred sixty thousand disabled mili- As has been reported in the press, the I believe should be the chief responsi- tary retirees see their retirement pension re- U.S. Department of Justice asked the bility of the Federal Government, prob- duced one dollar for every dollar of disability court, as courts should do, to give def- lem solvers, working with local com- pay. erence to the finding of fact by Con- munities to enhance the quality of life They sacrificed their well-being for the Na- gress. Instead, the court replied to that of all of our citizens throughout Amer- tion, and should receive their full disability pay. request that it could find no record of ica. Every dollar. any doctor who performs abortions in So today I take the special privilege In the 1st Congressional District which I am the last trimester to testify before of saluting my local community in proud to represent, which encompasses rural Congress. The court stated: ‘‘Isn’t that Houston, Texas. It has been a 30-year eastern North Carolina, nearly 1,500 veterans important if Congress was really inter- journey, 30 years of trials and tribu- lose benefits every year to the Disabled Vet- ested in knowing about this proce- lations, of misrepresentations of the erans Tax, costing each veteran approximately dure?’’ Indeed, if this court was truly facts, and yet we have overcome it. $5,664 in lost benefits. being honest, it would realize that no b 1300 Mr. Speaker, the working families in my dis- abortionist would ever want to testify trict are already hard hit by tough economic But I do not fault those who opposed before Congress because in so doing, rail in totality because I do believe in times and widespread plant closings. The vet- the awful truth about this heinous act erans in eastern North Carolina barely get by democracy, and a vigorous debate has would be revealed before the opponents occurred in Houston, Texas on the as it is. of this act, before this House. It is tell- This unfair tax on their rightfully earned in- question of implementing a light rail ing that no abortionist of such late- system. Those that hear my voice come, translates into a total loss in benefits for term abortions would want to testify the 1st Congressional District of almost $8.5 might say that that is probably not one about such horrific acts that they do. of the more serious issues that we have million for an economically devastated area. It is so patently clear that the court in our community and in our Nation, Mr. Speaker, my Democratic colleagues and here was searching for a way to impose but all of the long work of my commu- I are fighting for an additional $1.8 billion in its personal view instead of abiding by nity leaders, the Metro board, the City veterans’ health benefit that have been re- the law of the land, a law which is sup- of Houston, deserve the tribute because cently cut from the budget. ported by the vast majority of the peo- in Houston it is a serious matter. It is nothing less than shameful that military ple of this Nation, as well as most I do want to thank the mayor of the veterans have to wait as long as six months State governments. The court simply City of Houston, Lee P. Brown, and I for a doctor’s appointment. refused to abide by the findings of this am delighted to have been one of the Imagine, Mr. Speaker, if your child fell ill, Congress that a health exception was strongest stalwarts and supporters of and yet, you had to wait six months to get not necessary. The court stated: the Metro system over the last 30 them help. This unacceptable scenario is a re- ‘‘While it is also true that Congress years. One would not like to count ality for 60,000 American Military Veterans found that a health exception is not those long journeys that we have had every year in this country. needed, at the very least it is problem- to take and the stark and strong oppo- We are fighting to expand veterans’ job atic whether I should defer to such a sition that we have had. And so I pay training, higher education and housing pro- conclusion when the Supreme Court tribute to the members of the Metro grams. If we have money to send them to war has found otherwise.’’ Problematic, board, former Ambassador Arthur we must also provide for their full benefits court? Louis Schechter, the chairman; Mr. when they come home. If the court was indeed wanting to Thomas E. Whitson, vice chairman; Mr. This is the call for true shared sacrifices. uphold the law of the Nation and not Jackie Freeman, secretary; Mr. James We were able to spend $1.3 trillion in tax cuts; E. Cumming; Dr. Samuel J. Gilbert, its personal views, it would have recog- we should be able to spend for our veterans. Sr.; Dr. Carol Lewis; Mr. Art Morales; nized that the Supreme Court’s hold- Ms. Janie Reyes; and Mr. Don Wang. I f ings were not its own, but were the also pay tribute to Metro’s political ac- SPECIAL ORDERS opinions of a lower court that the Su- tion committee, Citizens for Public The SPEAKER pro tempore (Mr. preme Court simply did not have suffi- Transportation, led by Mr. Ed Wolfe; PEARCE). Under the Speaker’s ancient legal basis to overrule. Community Outreach and Govern- nounced policy of January 7, 2003, and Congress, however, very clearly and mental Affairs Division led by Mr. under a previous order of the House, upon substantial hearings and evidence Frank Russ and Mr. Tom Jasien; and the following Members will be recog- set out its findings of fact of no need most importantly the people of the nized for 5 minutes each. for a health exception. This court, how- Houston communities, all of the Hous- f ever, as past Supreme Courts have ton communities and Harris County in stated, should have abided by the find- the Metro service area who will benefit END PARTIAL BIRTH ABORTION ings of facts by this Congress. This from this tremendous victory, all of The SPEAKER pro tempore. Under a court has failed to uphold the findings my constituents in the 18th Congres- previous order of the House, the gen- of this Congress. This court has failed sional District who came together to tleman from New Jersey (Mr. GARRETT) to abide by the precedent of the Su- cast a total of almost 400,000 votes and is recognized for 5 minutes. preme Court in granting due deference the majority of those supported the im- Mr. GARRETT of New Jersey. Mr. to such findings of fact. And most trag- plementation of a Metro system. Speaker, 2 days ago the President of ic of all, this court’s actions may well What does it mean? It means that we the United States signed into law a his- result in more deaths to innocent little will have a 50 percent increase in Met- toric piece of legislation, a bill that children. ro’s existing bus service. We will have

VerDate jul 14 2003 05:12 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00143 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.059 H07PT1 H11124 CONGRESSIONAL RECORD — HOUSE November 7, 2003 new light rail, new commuter service consists of former Ambassador Arthur Louis population of only approximately 16,000 peo- and we will have no new taxes. We real- Schechter—Chairman, Mr. Thomas E. ple, according to a federal census. Since ize that in order to enhance the quality Whitson—Vice Chairman, Mr. Jackie Free- then, the metropolis has seen unprecedented of life for the physically challenged growth to become one of America’s most man—Secretary, Mr. James E. Cumming, Dr. populous cities. That’s why we need a public and others who are disabled, for vet- Samuel J. Gilbert, Sr., Dr. Carol Abel Lewis, transportation system that is funded by the erans, we will need a real light rail sys- Mr. Art Morales, Ms. Janie Palomo Reyes, public and will be used by the public. tem in Houston. and Mr. Don J. Wang; (2) METRO’s Political The greater Houston area is subdivided Let me share with you that the dis- Action Committee ‘‘Citizens for Public Trans- into six counties: Chambers, Fort Bend, Har- tance between the earth and the sun is portation’’ led by its able Chairman Mr. Ed ris, Liberty, Montgomery and Waller, Harris County proudly hosts the city of Houston, about 93 million miles. Houstonians Wolfe; (3) METRO’s Community Outreach and drive about 156 million miles a day and that is where the largest part of the pop- Governmental Affairs Division with Mr. Frank ulation is concentrated. In 2000, approxi- through a weave of roadway that will Russ and Mr. Tom Jasien; and (4) most im- mately 3.5 million people lived in Harris further ensure the congestion and the portantly the people of the Houston commu- County alone. Over the next 20 years, the entanglement on our freeways and nities who will benefit from this tremendous population of the Houston region will con- highways and byways. Furthermore, victory. tinue to grow. In fact, the influx of more the Texas Commission on Environ- The victorious results of the November 4 than 2 million additional people in Harris mental Quality tells us that one-third County and another million in the sur- referendum—of a total 366,226 votes cast rounding counties is expected. With respect of Houston’s air pollution comes from from a pool of citizens of Harris County, Ft. our cars and trucks. Since light rail is to transportation, Houston and Harris Coun- Bend County, and Montgomery County, ty already experience serious problems. The powered by electricity, it produces no 189,443 (52%) voted for METRO Solutions imminent increase in population will only on-site emissions. Houston residents and 176,783 voted against it—was the fruit of exacerbate the problems and will have a neg- need and deserve nonpolluting trans- over two (2) years of hard work by the ative impact on the overall quality of life in portation choices like light rail, and the region. All forms of infrastructure im- METRO Board, Staff, PAC, and the commu- provements must provide the solution. now the plans will come to fruition. nity all working together as a cohesive unit. Over the years we will support a 72- Road and freeway improvements, as well as Now, we may concentrate on the actual bene- mile system that will go into Sunny- the construction of an enhanced public fits that the METRO Solutions plan will transportation system, will alleviate the side and Akers Home and into the Gulf achieve: 50% increase in METRO’s existing problems while generating significant tax Gate region, into East End, into areas bus service, including approximately 44 new dollars. Statistically, Houstonians travel near the small cities. And I want to local, signature express, and Park & Ride bus more miles per day than there are miles be- thank my friends in Fort Bend and out tween the Earth and the Sun. The distance in the Woodlands. We will be looking routes; Nine (9) new Transit Centers and nine between the Earth and the Sun is about 93 forward to a commuter rail that will (9) new Park & Ride lots, as well as expan- million miles. Houstonians drive about 156 take us to the airport, to the Fort Bend sion and upgrading existing facilities; Expan- million miles per day! The Metropolitan Transit Authority has area, to Sugarland and certainly to the sion of the METRORail line and commuter line components. The overall plan includes 72.8 worked over the past two years to create a northwest area. We are looking for the long-range plan for mass transit in the Hous- support of our entire community, the miles of rail; Extension of the payments to local governments for street and other mobility ton area called Metro Solutions. Texas has a county officials, city officials, and it is Transportation Code, and it is authorized to imperative that the next mayor of the improvements for five additional years (2010– act in this field of local government through City of Houston be a vigorous sup- 2014); Initiating of the first 10 years of con- Metro. Given the need for the service to be porter of light rail. The citizens will struction, which includes 22 miles of rail with provided by Metro’s plan and the state’s ju- tolerate nothing less, that that person no new taxes! risdiction to implement a plant that has be vigorous and that they will not be Road and freeway improvements, as well as been accepted by the public, why does the the construction of an enhanced public trans- federal government and a member of the overcome by special interests that will House Appropriations Committee need to tell them that we cannot move on the portation system, will now be put in place to alleviate problems such as congestion and interfere with its progress? 39-mile system and then the 72-mile This member has worked to hinder this system. It is interesting to watch those pollution while generating significant tax dol- highly beneficial transportation project for who are physically challenged relish to lars. Statistically, Houstonians travel more quite some time. In fact, his amendment to have a system that is accessible to the miles per day than there are miles between the Transportation, Treasury, and Inde- disabled and then to our senior citizens the Earth and the sun. The distance between pendent Agencies Appropriations Act for fis- the Earth and the sun is about 93 million cal year 2004, also known as H.R. 2989 and in- who need to have, if you will, low- corporated as Section 163, aimed directly at priced but good service, clean service, miles. Houstonians drive about 156 million miles per day! Houston has one of the worst this project with proposed restrictions that mobility systems that they can access. are both redundant and unnecessary. This And our senior citizens who we are air quality problems in the nation. Further- member introduced Section 163 under the fighting for on this floor to give them more, the Texas Commission on Environ- guise of ensuring that the citizens in the a guaranteed Medicare prescription mental Quality tells us that one-third of Hous- transit authority service area had an oppor- drug benefit need the complement of ton’s air pollution comes from our cars and tunity to voice their desires with respect to good rail systems and a good Social Se- trucks. Since light rail is powered by electricity, the light-rail proposal. He took these measures despite his knowledge that the Metro curity system. That is what we have it produces no on-site emissions. Houston residents need and deserve non-polluting board has been diligently working with the planned for them in Houston with the community to establish development plans vote of the Metro system. transportation choices like light rail and now that do not violate Texas law and despite the Mr. Speaker, I include for the the plans will come to fruition. fact that Chapter 451 of the Texas Transpor- RECORD my op-ed in the Houston This victory demonstrates that despite the tation Code requires the referendum process Chronicle on Derailing Metro Transit force of an extremely well-financed opposition that will take place on Nov. 4. Plan Isn’t an Alternative and here we driven by special interests and partisan influ- Furthermore, his actions likely precip- support in totality the Metro plan that ence, the great effort and the will of the peo- itated the issuance of an opinion by the Fed- ple overcame in the end. I would actually like eral Transit Administration’s chief counsel has passed and the 72 miles. as to the denial of funds for the Advanced Hooray. Congratulations to our city to thank my friend on the other side of the Transit Plan largely due to the redundant for doing the smart thing and being aisle, Mr. DELAY for his efforts to aid in giving prohibitions of Section 163. Although Metro smart on transit. You deserve con- METRO the funds it needed to conduct the has called for a referendum pursuant to gratulations today. studies that concluded that the METRO Solu- Chapter 451 of the Texas Transportation Mr. Speaker, I rise today to pay special trib- tions plan is smart. Code, in addition to having held several pub- ute to a local victory—I pay tribute to the Congratulations to METRO and congratula- lic hearings on the matter, the FTA, by way Houston Metropolitan Transit Authority tions to the local government. of this opinion, had summarily deemed the (METRO) of Harris County, Houston Texas for [From the Houston Chronicle, Oct. 23, 2003] process insufficient for purposes of the Sec- tion 163 prohibitions. Because neither H.R. having successfully won the vote of approval DERAILING METRO TRANSIT PLAN ISN’T 2989 nor Section 163 is law, the FTA opinion for its light rail project in a referendum held on ALTERNATIVE effectively disrupted and interfered with the November 4. (By Sheila Jackson Lee) local administration of a transportation Because of the undaunted effort of (1) the Just over one century ago, in 1880, Hous- project that has been fully accepted and sup- Houston METRO Board of Directors which ton, the powerhouse of Texas business, had a ported by members of the community.

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00144 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.071 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11125 In addition to the fact that the basis for tleman from California (Mr. GEORGE these photos if you have picked up any this opinion was premature, i.e., the fact MILLER) is recognized for 5 minutes. paper in this country because they that both Section 163 and H.R. 2989 are not (Mr. GEORGE MILLER of California have been blasted across the headlines law as yet, the Metro board held a meeting to change the language of its referendum address the House. His remarks will ap- of every newspaper in America, includ- ballot for Nov. 4 to further conform to these peared hereafter in the Extensions of ing both TV and print journalists. prohibitions that are not yet law. This ballot Remarks.) We have to in this country get a han- was then accepted by the Department of f dle on this problem because this is Transportation for compliance with federal sickening to its core that children that CHILD SAFETY regulations. Metro held 178 public and stake- would be in the hands of people would holder meetings during its development of The SPEAKER pro tempore. Under a be allowed to be treated so miserably. the Metro Solutions plan between December previous order of the House, the gen- 2001 and July 2003. And regrettably at yesterday’s hearing The alternative plan backed by Metro So- tleman from Florida (Mr. FOLEY) is a person, a man of the cloth from the lutions opponents and formulated by the recognized for 5 minutes. church where the Jackson family at- Houston-Galveston Area Council, the ‘‘100 Mr. FOLEY. Mr. Speaker, before I tends, actually got up and defended the Percent Solution’’ plan, is still in draft form begin, I want to take a moment to parents and started to blame the chil- and has not yet had specific public involve- thank the chairman of the Sub- dren, suggesting they had eating dis- ment for the additional 5,000 lane-miles on committee on Human Resources of the orders, that they were violent children. top of the already planned 5,600 lane-miles. Committee on Ways and Means, the In terms of economic benefits projected for We are talking about 19, 17 and young- Metro solutions, between $130 million and gentleman from California (Mr. er than that. I would have accepted $200 million per year in regulatory costs will HERGER), for calling a hearing yester- some of that argument from this rev- be saved to reduce pollution emissions. day to examine the failure of our sys- erend had the family sought medical The opponents of Metro solutions offer the tem to protect our children. It was a attention or had the family chosen to 100 Percent plan as an alternative. However, very, very difficult hearing for those of return the children to foster care be- it is not an alternative. First, unlike the us who attended to listen to the trau- Metro solutions plan, the 100 Percent plan is cause they were too difficult to care an unfinished study and not a plan at all. matic and heartbreaking story of four for. But no, they did not do any of that. Secondly, Metro Solutions covers only a por- young men in a family, the Jackson What they did was cash checks from tion of the eight-county region, while the 100 family of New Jersey. the welfare system and then fail to feed Percent plan contemplates the incorporation As someone who has worked on child the children. of the Regional Transportation Plan, or protection for my career in the Con- Testimony from children’s services RTP, which is a multimodal plan that covers gress and in the State legislature and the entire eight-county region. The RTP is indicate all of these boys have now had not an alternative to Metro Solutions—it in- as cochairman of the Congressional remarkable weight gain in the last sev- cludes Metro Solutions. Also, unlike Metro Missing and Exploited Children’s Cau- eral weeks. So the argument put for- Solutions, the 100 Percent plan is based on a cus, I was shocked to hear and to see ward by the reverend that these chil- wish list of regional road and transit the photos of these four young men dren were eating three square meals a projects that have no identified funding and who were suffering at the hands of day and they suffered from eating dis- would require significant amounts of right of their adoptive parents. What struck me orders is absolutely false and spurious way. The claim by Metro Solutions oppo- even more, or at least made me more nents that the 100 Percent solution plan can when you look at the results of the reduce congestion depends upon the sudden outrageous, was the fact that the Divi- care and feeding under Division of appearance of this wish list of projects that sion of Youth and Family Services Youth Services of that State. the federal government currently prohibits from New Jersey had visited the home At the end of the day, and fortu- local officials from planning and program- of this family over 38 times in the past nately for the gentleman from Califor- ming, as they have no existing revenue several years. streams to fund such projects. nia’s leadership in calling this hearing, What did they fail to observe in these we may get to the bottom of some of In conclusion, there is no need to impede visits? For one, they failed to observe a or to derail the Metro Solutions plan. Hous- these problems, but we must act quick- ton is the only city in the United States that 19-year-old boy who weighed just 45 ly. We are not talking about overdue li- was affected by funding restrictions of H.R. pounds and was a mere 4 feet tall; a 14- brary books, we are talking about 2989. As a result, the city has been singled year-old boy who was 3 feet in height human life. We are talking about chil- out and excluded from the 25 slices of a fund- and, I believe, less than 40 pounds. dren who are allowed to starve, we are ing pie worth $1.2 billion federal dollars. Dal- Where were they protecting these chil- las is slated to receive $30 million under the talking about a system that is run dren? amuck, and we are talking about only act. The referendum vote on Nov. 4 will The fact is, Mr. Speaker, most Amer- translate to more needed rail, more buses getting a response when some politi- and more roads with no new taxes. Metro So- icans treat their pets better than New cian’s job is on the line. lutions is a public transportation plan that Jersey cared for their children. We It is time to get serious. It is time to will serve the public—therefore, the will of heard arguments, which we always do get to the job of protecting our chil- the community should supersede any federal when there is a child tragedy, that, A, dren. I only hope that there is never special interests. I strongly urge a yes vote we lack resources and funding, we have on the Metro referendum. again an example like the Jackson too many caseloads. Those excuses and family suffering at the hands of a State f finger-pointing and blame-gaming agency. The SPEAKER pro tempore (Mr. must stop, because they are outrageous PEARCE). Under a previous order of the accusations suggesting money was at f House, the gentleman from Indiana the root of the children’s problems. The SPEAKER pro tempore. Under a (Mr. PENCE) is recognized for 5 min- The family received over $30,000 annu- previous order of the House, the gen- utes. ally in a subsidy to care for these chil- tleman from Oregon (Mr. BLUMENAUER) (Mr. PENCE addressed the House. His dren from the Federal and State gov- is recognized for 5 minutes. remarks will appear hereafter in the ernment. $30,000. There is no excuse (Mr. BLUMENAUER addressed the Extensions of Remarks.) that money, or shortage of money, was House. His remarks will appear here- f the reason these children were starved. after in the Extensions of Remarks.) The SPEAKER pro tempore. Under a Thirty-eight visits by a caseworker to f previous order of the House, the gentle- this house indicates obviously that woman from the District of Columbia they had a routine appearance in the PLEDGE OF ALLEGIANCE (Ms. NORTON) is recognized for 5 min- household. The SPEAKER pro tempore. Under utes. What did they fail to observe? One the Speaker’s announced policy of Jan- (Ms. NORTON addressed the House. thing they failed to observe is that uary 7, 2003, the gentleman from Mary- Her remarks will appear hereafter in there were locks on the doors to the land (Mr. BARTLETT) is recognized for the Extensions of Remarks.) kitchen, not allowing the children to 60 minutes as the designee of the ma- f come into this home, into their own jority leader. The SPEAKER pro tempore. Under a kitchen to eat. When you look at the Mr. BARTLETT of Maryland. Mr. previous order of the House, the gen- photos, and you have probably seen Speaker, on October 14, the Supreme

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00145 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.064 H07PT1 H11126 CONGRESSIONAL RECORD — HOUSE November 7, 2003 Court agreed to hear a dispute over the chusetts educator. Bellamy was plan- licly declared its dependence on divine phrase ‘‘one Nation under God’’ in the ning celebrations to mark Columbus providence. Pledge of Allegiance. Make no mistake, Day and the 400th anniversary of the There are references to our depend- this lawsuit is another attempt by discovery of America. The Pledge em- ence on God in earlier American his- atheists to exterminate America’s reli- phasized the permanence of union and tory. Lincoln’s consecration of the Get- gious heritage. Michael Newdow is an the liberty of the people. The Pledge tysburg speech, in which he said: ‘‘It is atheist who wants the government to was written only 27 years after the for us the living rather to be dedicated adopt his religious views. He argues Civil War. The 1892 version of the here to the unfinished work which they that his daughter was, in legal terms, Pledge read, ‘‘I pledge allegiance to my who fought here have thus far so nobly injured by having to be exposed to the Flag and to the Republic for which it advanced. It is rather for us to be here recitation of the Pledge of Allegiance stands, one nation indivisible with lib- dedicated to the great task remaining in school. The underlying idea behind erty and justice for all.’’ before us, that from these honored dead Mr. Newdow’s efforts was expressed Because of large numbers of immi- we take increased devotion to that perfectly by the ancient Greek philoso- grants, some thought the reference to cause for which they gave the last full pher Protagoras. He said, ‘‘Man is the ‘‘my Flag’’ might encourage immi- measure of devotion, that we here measure of all things.’’ What this grants to retain loyalty to their former highly resolve that these dead shall not statement means is that human beings, country’s flag. And so in 1924, the Na- have died in vain, that this Nation not a God or an unchanging moral law, tional Flag Conference approved a under God shall have a new birth of is the ultimate source of value. change in the Pledge. It now in 1924 freedom, and that government of the The Declaration of Independence read, ‘‘I pledge allegiance to the Flag people, by the people, and for the peo- tells us differently. The Declaration of the United States of America and to ple shall not perish from the earth.’’ tells us exactly what the ultimate the Republic for which it stands, one What did Lincoln mean by saying source of our laws and liberties are and nation indivisible with liberty and jus- ‘‘this Nation under God’’? That the where they came from. It reads that all tice for all.’’ United States is under the protection men are created equal, endowed by In 1942, Congress codified the pledge of God? That we are also under God’s their Creator with certain unalienable into law when it was added to the U.S. judgment, that we must conduct our- rights. Among these are life, liberty Flag Code. This version did not include selves according to his standards of and the pursuit of happiness. the words ‘‘under God.’’ Again it read, justice? Lincoln said in his second in- There is a central question in this ‘‘I pledge allegiance to the Flag of the augural address: ‘‘. . . and that He controversy, whether or not public offi- United States of America and to the gives to both North and South this ter- cials in the government itself can ac- Republic for which it stands, one na- rible war, as the woe due to those for knowledge a higher power than them- tion indivisible with liberty and justice whom the offense’’ of slavery ‘‘came.’’ selves. Can the government acknowl- for all.’’ Lincoln, by declaring our Nation edge God or must we agree that man is In 1954, Congress inserted the words ‘‘under God,’’ seems to be echoing a the measure of all things? ‘‘under God’’ into the Pledge of Alle- man even closer to the writing of the The background on this case is inter- giance. In 1943, Jehovah’s Witnesses Constitution and Declaration of Inde- esting. The child involved in the filed suit and challenged the manda- pendence, Thomas Jefferson: ‘‘And can present suit is not required to recite tory recitation of the Pledge. the liberties of a nation be thought se- the Pledge. Mr. Newdow argues that cure when we have removed their only b 1315 his daughter should not even have to firm basis, a conviction in the minds of listen to the Pledge. In the factual and The Court ruled that governments the people that these liberties are a procedural background section of should not force students to recite the gift of God? That they are not to be Newdow v. U.S. Congress, Mr. Newdow pledge against their will or contrary to violated but with His wrath? Indeed I argues his daughter is injured when she their beliefs. Judge Fernandez again tremble for my country when I reflect is compelled to watch and listen as her from the dissenting opinion in Newdow that God is just, and His justice cannot State-employed teacher in her State- v. Congress. In West Virginia Board of sleep forever . . . ’’ Thomas Jefferson’s run school leads her classmates in a Education versus Barnett, for example, wisdom reinforces Mr. Lincoln’s asser- ritual proclaiming that there is a God the Supreme Court did not say that the tion stated earlier that the Civil War and that ours is one Nation under that pledge could not be recited in the pres- was divine judgment for slavery. In God. If Mr. Newdow’s daughter is in- ence of Jehovah Witness children. It that sense America is a Nation under jured by listening to the pledge with merely said that they did not have to God. the words ‘‘under God’’ in it, what recite it. That fully protected their Why was America being judged by about the other students? In the dis- constitutional rights by precluding the God during the Civil War? Because senting opinion of Newdow v. U.S., Cir- government from trenching upon the slavery was a violation of the principle cuit Judge Fernandez makes the point sphere of intellect and spirit. In the of equality proclaimed in the Declara- well. law they concluded the Pledge of Alle- tion of Independence. Even though He says: giance simply stated that standing was slavery was allowed in the Constitu- I recognize that some people may not a sign of respect for the Nation and its tion, it was still a violation of another feel good about hearing the phrases re- laws. Public Law 396 states: ‘‘However, of Jefferson’s principles. In his first in- cited in their presence, but then others civilians will always show full respect augural address, Jefferson said: ‘‘All, might not feel good if they are omit- to the flag when the Pledge is given by too, will bear in mind this sacred printed. merely standing at attention.’’ ciple, that though the will of the ma- This application of logic to Newdow’s In conclusion, students are not forced jority is in all cases to prevail, that argument proves that we need some- to say the Pledge of Allegiance. Recit- will to be rightful must be reasonable.’’ thing more to shed light on the con- ing the Pledge in the presence of stu- Was slavery reasonable? No, Jefferson stitutionality of the phrase ‘‘under dents who object to it does not violate said. ‘‘All eyes are opening to the God.’’ We must also look to the history the Constitution. Congress’s addition rights of man. The general spread of of the phrase itself. By doing so, we can of ‘‘under God’’ was only reference to the light of science has already laid shed light on the legitimacy of recog- God during that time. In 1955 by unani- open to every view the palpable truth nizing God in our government and in mous vote, Congress required the U.S. that the mass of mankind has not been our laws. Mint to place the words ‘‘In God We born with saddles on their backs, nor a To shed light on this controversy, it Trust’’ on all of our currency. And over favored few booted and spurred, ready would be helpful to look at the history the Speaker’s desk on that marble wall to ride them legitimately, by the grace of the phrase ‘‘under God’’ and the are the words ‘‘In God We Trust.’’ In of God.’’ words of the people who helped write 1956 Congress adopts ‘‘In God We Lincoln and Jefferson reinforced each our Constitution. Trust’’ as the national motto. Were other’s arguments, that the United The Pledge of Allegiance was written these enactments by Congress isolated? States is a Nation under God’s judg- in 1892 by Francis Bellamy, a Massa- Not at all. The Nation has long pub- ment and protection, that our rights

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00146 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.077 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11127 come from God and that no violation of words. No one disagrees on what the think are so powerful: ‘‘I have lived, our God-given rights can be tolerated. words are, but there is a big disagree- sir, a long time, and the longer I live, Can we go back further to see if God ment on what the words mean. the more convincing proofs I see of this is mentioned in any other documents Patrick Henry is called the firebrand truth, that God governs in the affairs around the founding era? Yes. The Dec- of the American Revolution, and every of men. If a sparrow cannot fall to the laration of Independence. We teach the student in school knows what he said: ground without His notice, is it prob- Declaration of Independence in our ‘‘I know not what course others may able that a new Nation can rise with- schools to advance freedom. John take, but as for me, give me liberty or out His aid?’’ And then he went on to Adams said: ‘‘Children should be edu- give me death.’’ But I will wager, Mr. say that he begged leave to move that cated and instructed to the principles Speaker, that if any of the listeners go henceforth they would begin each of of freedom.’’ The Declaration also to the textbooks in their school, they their meetings with prayer. We still do teaches us about Americans’ beliefs will find no reference to the context in that, Mr. Speaker. We began our ses- about God. The Declaration teaches us which this statement was made. It was sion today with prayer. four things about God: one, He is the made in a church, St. Johns Church in Do my colleagues think Benjamin author of the laws of nature and na- Richmond on March 23, 1775, and here Franklin was a deist, and more impor- ture’s God; two, he has endowed us is more of that statement. He says: tantly, do my colleagues think that he with inalienable rights; three, He is the ‘‘An appeal to arms and the God of would say that it is not okay, that it is supreme judge of the world; and, four, Hosts is all that is left us, but we shall not appropriate to have ‘‘under God’’ in he provides the protection of divine not fight our battle alone, there is a the Pledge of Allegiance to the flag? providence. just God that presides over the des- Thomas Jefferson, the major archi- What happens when the Declaration tinies of nations. That battle, sir, is tect of the Declaration of Independence of Independence is taught in public not to the strong alone. Is life so dear and the Constitution, also referred to schools? Are they violating the separa- or peace so sweet as to be purchased at frequently as a deist, and this is what tion of church and State? How prepos- the price of chains and slavery? Forbid he said: ‘‘I am a real Christian. That is terous. Do schools that teach the Dec- it, Almighty God. I know not what to say, a disciple of the doctrines of laration and its description of God vio- course others may take, but as for me, Jesus. I have little doubt that our late the Constitution? The absurdity of give me liberty or give me death.’’ whole country will soon be rallied to the argument of atheists like Mr. Do my colleagues think Patrick the unity of our Creator, and I hope to Newdow is readily apparent. There are Henry would tell us that it is not okay the pure doctrine of Jesus also.’’ Do my several implications in Mr. Newdow’s to have the phrase ‘‘under God’’ in the colleagues think that Thomas Jeffer- argument, Mr. Speaker. If the Court Pledge of Allegiance to the flag? Was son, with those convictions, would say rules the Pledge of Allegiance with the Patrick Henry a Christian? The fol- that it is not okay to have ‘‘under words ‘‘under God’’ unconstitutional lowing year, in 1776, he wrote this: ‘‘It God’’ in the Pledge of Allegiance to the next summer, what will be next? ‘‘God cannot be emphasized too strongly or flag? bless America’’? Mr. Speaker, what too often that this great Nation was George Washington, our first Presi- would happen if Congress required the founded not by religionists but by dent: ‘‘It is impossible to govern the recitation of the preamble to the Dec- Christians, not on religions but on the world without God and the Bible. Of all laration every morning instead of the gospel of Jesus Christ. For that reason of the dispositions and habits that lead Pledge? The conclusion of the argu- alone, people of other faiths have been to political prosperity, our religion and ment atheists make must be the Dec- afforded freedom of worship here.’’ Do morality are the indispensable sup- laration of Independence violates the my colleagues think he would tell us porters. Let us with caution indulge Constitution. that it is not okay to have ‘‘under this supposition, that is, the notion or We have examined the writings of God’’ in the Pledge of Allegiance? idea, that morality can be maintained Thomas Jefferson and Abraham Lin- Benjamin Franklin, who is fre- without religion. Reason and experi- coln. We have examined the Declara- quently referred to by modern-day edu- ence both forbid us to expect that our tion of Independence and the Constitu- cators as a deist, that is, a person who national morality can prevail in exclu- tion. We have looked at the history of believed that there was a God but don’t sion of religious principle.’’ the phrase ‘‘under God.’’ It is obvious bother praying to Him because He cre- In his prayer book, he wrote: ‘‘O eter- that our government has long declared ated us and set in place certain phys- nal and everlasting God, direct my a dependence on God. Acknowledging ical laws and our destiny is going to be thoughts, words and work, wash away God as a source of our inalienable determined by how we relate ourselves my sins in the immaculate blood of the rights is what makes our rights secure. to those laws, let me read what Ben- lamb, and purge my heart by Thy Holy Our history, our Declaration, our Con- jamin Franklin said, and then the Spirit. Daily frame me more and more stitution teach us several lessons: that Members conclude as to whether they in the likeness of Thy son, Jesus God is the source of our rights, that think he was an atheist or not. These Christ, that living in Thy fear and our Nation is under God’s judgment words were uttered in 1887 when he dying in Thy favor, I may in Thy ap- and we must act accordingly. arose in the Continental Congress in pointed time obtain the resurrection of Mr. Speaker, I am an elected official Philadelphia. They were deadlocked, the justified unto eternal life. Bless, 0 in the Federal legislature. I have men- and it was not certain we would have a Lord, the whole race of mankind and tioned God many times in this speech Constitution. He was, I think, 82 years let the world be filled with the knowl- in the House of Representatives. I hope old, the Governor of Pennsylvania, I edge of Thee and Thy son, Jesus the Supreme Court will not rule I have think the oldest and probably the most Christ.’’ What counsel do my col- violated the Constitution. respected member of that convention, leagues think George Washington Mr. Speaker, the words of the Con- and this is what he said: ‘‘In the days would give us? Would he tell us that it stitution are very clear, but what is of our contest with Great Britain when is not okay, that it is not appropriate not clear is what our Founding Fathers we were sensible of danger, we had to have ‘‘under God’’ in the Pledge of meant by those words, and that is why daily prayer in this room for divine Allegiance to the flag? the discussion today of whether the protection. Our prayers, sir, were heard John Adams, our second President, words ‘‘under God’’ are appropriate in and they were graciously answered. All also President of the American Bible our Pledge of Allegiance to the flag. of us who were engaged in the struggle Society: ‘‘We have no government What I would like to do is go back to must have observed frequent instances armed with the power capable of con- our Founding Fathers to see what they of superintending providence in our tending with human passions unbridled might advise us could they be resur- favor. To that kind providence, we owe by morality and true religion. Our Con- rected and meet with us today. If we this happy opportunity to establish our stitution was made only for a moral put in the context of the time the Dec- Nation. And have we now forgotten and religious people. It is wholly inad- laration of Independence and the Con- that powerful friend? Do we imagine equate to the government of any stitution, we may be better able to un- that we no longer need His assist- other.’’ Could John Adams possibly derstand what they meant by their ance?’’ And then these words that I have believed that we could not think

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00147 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.078 H07PT1 H11128 CONGRESSIONAL RECORD — HOUSE November 7, 2003 that ‘‘under God’’ is appropriate in the Christian might be a better way. But I ment of religion such as the Church of Pledge of Allegiance to our flag? am reading the actual words of our England presented or anything like it, John Jay, our first Supreme Court Founding Fathers. Please read Judeo- but they had no fear or jealousy of reli- Justice said: ‘‘Providence has given to Christian when they say Christian. gion itself, nor did they wish to see us our people the choice of their rulers, ‘‘Why not use the Bible, especially as an irreligious Nation.’’ and it is the duty as well as the privi- the New Testament? It should be read Then, I really love these words. Obvi- lege and interest of our Christian Na- and taught as the divine revelation in ously they were not watching much tion to select and prefer Christians for the schools.’’ television when they used this vocabu- their rulers.’’ Could John Jay, the first This was the comment of the Su- lary. ‘‘They did not intend to spread Supreme Court Justice, have imagined preme Court relative to a case relative over all the public authorities and the that we would think it inappropriate to to a case, Veta v. Gerrand, where a whole public action of the Nation the have ‘‘under God’’ in our Pledge of Al- woman teacher, a lady teacher, was not dead and revolting spectacle of athe- legiance to the flag? using the Bible to teach morality. I istic apathy. Had the people during the John Quincy Adams, President of the have no idea how this got to be a court Revolution had a suspicion of any at- American Bible Society, and he said case and got to the Supreme Court. But tempt to war against Christianity, that that his Presidency there he valued this is what they said in 1845. ‘‘Why not revolution would have been strangled more than his Presidency of this coun- use the Bible, especially the New Tes- in its cradle. At the time of the adop- try: tament. It should be read and taught as tion of the Constitution and the the divine revelation in our schools. b 1330 Amendments, the universal sentiment Where can the purest principles of mo- was that Christianity should be en- ‘‘The highest glory of the American rality be learned so clearly and so per- couraged, not just one sect. The object Revolution was this. It connected in fectly as from the New Testament?’’ was not to substitute Judaism or Islam one indissoluble bond the principles of Could this Supreme Court possibly or infidelity, but to prevent rivalry civil government with the principles of have imagined that our court would be among the Christian denominations to Christianity. From the day of the Dec- considering whether or not ‘‘under the exclusion of others. Christianity laration,’’ that is, the Declaration of God’’ is appropriate in the Pledge of must be considered as the foundation Independence, ‘‘they,’’ the fathers, Allegiance to the flag? on which the whole structure rests. ‘‘were bound by the laws of God, which In 1892, the Supreme Court said, and Laws will not have permanence or they all acknowledged as their rules of this was the Church of the Holy Spirit power without the sanction of religious conduct.’’ and they contended that Christianity sentiment, without the firm belief that What would John Quincy Adams ad- was not the faith of the people. This is there is power above us that will revise us about the appropriateness of what the Supreme Court said. ‘‘Our ward our virtues and punish our vices.’’ the words ‘‘under God’’ in the Pledge of laws and our institutions must nec- Would that Congress have indicated Allegiance to the flag? essarily be based upon and embody the that the words ‘‘under God’’ are inap- And later on in history, Calvin Coo- teachings of the Redeemer of Mankind. propriate? lidge, ‘‘America seeks no empire built It is impossible that they should be ‘‘In this age, there can be no sub- on blood and forces. She cherishes no otherwise, and in this sense and to this stitute of Christianity. By its great purpose, save to merit the favor of al- extent our civilization and institutions principles, the Christian faith is the mighty God.’’ are emphatically Christian. No purpose great conserving element on which we He later wrote, ‘‘The foundations of of action against our religion can be must rely for the purity and perma- our society and our government rests imputed to any legislation, state or na- nence of our free institutions.’’ so much on the teachings of the Bible tional, because this is a religious peo- This is, again, from the Congress. that it would be difficult to support ple. This is historically true. From the ‘‘That was the religion of our Found- them if faith in these doctrines would discovery of this continent to this ing Fathers, of the Republic, and they cease to be practically universal in our present hour, there is a single voice expect it to remain the religion of their country.’’ making this affirmation.’’ descendants.’’ Would President Coolidge have be- Then the justices went on to cite 87 Let us look now at what was taught lieved it inappropriate to have ‘‘under different legal precedents to affirm in our schools. By the way, before we God’’ in our Pledge of Allegiance to the that America was formed as a Chris- leave the Congress, in 1854 there was a flag? tian nation by believing Christians. resolution, we pass many resolutions in Let us turn now to our early Su- Mr. Speaker, as I have already noted, our Congress, they passed a resolution. preme Court. For 160 years, every Su- the Supreme Court in 1947, packed by This is what it said. ‘‘The Congress of preme Court decision in this arena was Franklin Delano Roosevelt from seven the United States recommends and ap- diametrically opposed to Supreme to nine, completely repudiated 160 proves the Holy Bible for use in our Court decisions from 1947 on. years of precedents when they declared schools.’’ In 1947, the Supreme Court did a rad- there was a wall of separation between Would that Congress have indicated ical about-face, repudiating the prece- church and state. Those words do not it is inappropriate to have ‘‘under God’’ dents of 160 years. They completely re- appear in our Constitution, do not ap- in our Pledge of Allegiance to the flag? versed their opinions. pear in the Declaration of Independ- Let us look at our schools, because The Supreme Court in 1811, People v. ence, and what we are trying to do that reflects the milieu in which our Ruggles, Ruggles had publicly slan- today, Mr. Speaker, is to determine Declaration of Independence and our dered the Bible. This is what the Su- what our Founding Fathers meant by Constitution was written. For over 200 preme Court said. ‘‘You have attacked that magnificent establishment clause years, the New England Primer was the Bible, and in attacking the Bible in the First Amendment. used, and this is the way it taught the you attacked Jesus Christ. In attack- Let us move now to the Congress and alphabet. ing Jesus Christ, you have attacked see what the Congress of our fore- A, a wise son makes a glad father, the roots of our nation. Whatever fathers might have advised us. March but a foolish son is heaviness to his strikes at the roots of Christianity 27, 1854, the Senate Committee on the mother. manifests in the dissolving of our civil Judiciary issued a final report on a B, better is little with the fear of the government.’’ year study. Humanism and Darwinism Lord than abundance apart from him. By the way, I would like to note that was sweeping our country, and the Su- C, come unto Christ all you who are it might be appropriate in today’s envi- preme Court commissioned a year weary and heavily laden. ronment to use the words Judeo-Chris- study, and this is what was said in D, do not the abominable thing, tian. Those words were apparently not their final report. which I hate, sayeth the Lord. used by our Founding Fathers, but I ‘‘The First Amendment clause speaks E, except a man be born again, he am sure recognizing the origin of all of against an establishment of religion. cannot see the Kingdom of God. these beliefs from the Bible, which is The Founding Fathers intended by this And so it went through all the 26 let- clearly Judeo-Christian, that Judeo- amendment to prohibit an establish- ters of the alphabet.

VerDate jul 14 2003 05:12 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00148 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.080 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11129 Do you think that the society at that In the next 5 years, we spent $4 bil- Pledge of Allegiance to the flag is time, with that kind of a primer in lion to educate them on how to be im- going to lead us in the right direction, their schools, would have imagined moral through trumpeting the solution or the wrong direction? that we could be debating today wheth- of safe sex, and it worked. One in five Alexis de Tocqueville, and this is er it was okay to say ‘‘under God’’ in teenagers in America today lose their really a significant observation, trav- our Pledge of Allegiance to the flag? virginity before their 13th birthday, eled this country, a young Frenchman, The McGuffey Reader, used for over and 19 percent of America’s teenagers for 5 years, and he wrote, ‘‘I sought for 100 years, it was so successful in get- say they have had more than four sex- the key to the greatness and genius of ting children to read that a few years ual partners before graduation. America in her great harbors, her fer- ago it was brought back to some of our The result, every day, 2,700 students tile fields and boundless forests, in her school districts where children were get pregnant, 1,100 get abortions, 1,200 rich mines and vast world commerce, not learning to read with the hope that give birth. Every day another 900 con- in the universal public school system there was something magic about the tract a sexually-transmitted disease, and institutions of learning. I sought McGuffey Reader. many incurable. AIDS infection among for it in her democratic Congress and ‘‘The Christian religion is the reli- high school students climbed 700 per- in her matchless Constitution.’’ gion of our country. From it are decent between 1990 and 1995. We have 3.3 Mr. Speaker, had he visited us today rived our notions on the character of million problem drinkers on our high when we represent only one person in God, on the great moral governor of school campuses, over half a million al- 22 in the world, and yet we represent 25 the universe. On its doctrines are coholics, and on any given weekend in percent of all of the goods and services founded the peculiarities of our free in- America, 30 percent of the school popu- in the world, one person in 22, somehow stitutions. From no source,’’ and this is lation spends some time under the in- we have 25 percent of all the good all from the author of the McGuffey fluence of alcohol. things in the world, might he have Do we really want to take ‘‘under Reader, ‘‘from no source has the author wondered further about how we got God’’ out of our Pledge of Allegiance to drawn more conspicuously than from there and what was significant? the flag? Should we not be doing some- the sacred scriptures. For all these ex- ‘‘But not until I went into the thing, Mr. Speaker, to reverse these churches of America,’’ he said, ‘‘and tracts from the Bible, I make no apolo- trends in our country, rather to en- gies.’’ heard her pulpits flame with righteous- courage them? ness, did I understand the secret of her Do you think that all of those thou- I would like to read now a prayer sands of school children and their fami- genius and power.’’ Alexis de that was written by an Oklahoma high Tocqueville, after watching us for 5 lies who used the McGuffey Reader school student, a little poem written could have imagined that we would be years, concluded that the secret of our about prayer. ‘‘Our New School Pray- greatness and power did not lie in any debating this subject today? er.’’ Of our first 108 schools in this coun- of these great harbors or grain fields or ‘‘Now I sit me down in school military, not in our matchless Con- try, 106 were distinctly religious. Har- Where praying is against the rule. vard University, the first university, stitution, our Declaration of Independ- For this great Nation under God, ence, but he said, ‘‘but not until I went named after a beloved New England Finds mention of him very odd. pastor, John Harvard, this is what they into the churches of America and heard If scripture now the class recites her pulpits flame with righteousness said. ‘‘Let every student be plainly in- It violates the Bill of Rights. structed and expressly and earnestly And any time my head I bow did I understand the secret of her ge- pressed to consider well the main end Becomes a Federal matter now. nius and power.’’ of his life and studies is to know God Our hair can be purple, orange, or green, b 1345 and Jesus Christ, which is eternal life. That’s no offense; it’s a freedom scene. America is great because America is John 17:3, and, therefore, to lay Jesus The law is specific, the law is precise, Only prayers spoken out loud are a serious good; and if America ever ceases to be Christ as the only foundation of all vice. good, America will cease to be great. sound knowledge and learning.’’ Do you think, Mr. Speaker, that tak- This was in the student handbook for For praying in a public hall May offend someone with no faith at all. ing the words ‘‘under God’’ out of our Harvard University. For over 100 years, In silence alone we must meditate, Pledge of Allegiance to the Flag will more than 50 percent of all Harvard’s God’s name is prohibited by the state. make us a better people? graduates were pastors. We are allowed to cuss and dress like freaks, I would like to quote Abraham Lin- What have we reaped in our Nation in And pierce our noses, tongues and cheeks. coln again: ‘‘We have been the recipi- our departure from recognizing that They have outlawed guns, but FIRST the ents of the choicest bounties of heaven. God is a part of our heritage and it is Bible, We have been preserved these many perfectly appropriate to say ‘‘under To quote the Good Book makes me liable. years in peace and prosperity. We have God’’ in our Pledge of Allegiance to the We can elect a pregnant Senior Queen, grown in numbers, wealth, and power flag? And the unwed daddy our Senior king. as no other Nation has ever grown.’’ America 100 years ago had the high- It is inappropriate to teach right from Mr. Lincoln, after 227 years in this est literacy rate of any nation on wrong, great, longest-enduring Republic in the Earth. Today we spend more on edu- We are taught that such ‘‘judgments’’ do not history of the world, these words are cation than any nation in the world, belong. even more significant, because rel- and yet since 1987 we have graduated We can get our condoms and birth controls, atively today we are a greater Nation more than 1 million high school stu- Study witchcraft, vampires and totem poles. among the nations of the world than But the Ten Commandments are not allowed, dents who could not even read their di- No word of God must reach this crowd. we were at your time. Thank you, Mr. ploma. Lincoln, for your words. It is scary here I must confess, We spend more money than any na- When chaos reigns the school’s a mess. ‘‘But we have forgotten God,’’ he tion in the industrialized world to edu- So Lord, this silent plea I make, says. ‘‘We have forgotten the gracious cate our children, and yet SAT scores Should I be shot, my soul please take.’’ hand which preserved us in peace and fell for 24 straight years before finally Our Nation, which used to lead the multiplied and enriched us, and we leveling off at the bottom in the nine- world in every arena, now leads the have vainly imagined in the deceitful- ties, and they are not yet coming back world in these areas. We are number ness of our hearts that all of these up. one in violent crime, we are number blessings were produced by some supe- In a 1960 survey, 53 percent of Amer- one in divorce, we are number one in rior wisdom and virtue of our own. In- ica’s teenagers had never kissed, and 57 teenage pregnancies, we are number toxicated with unbroken success, we percent said they never necked, that is, one in volunteer abortions, we are have become too self-sufficient to feel to hug and kiss. Ninety-two percent of number one in illegal drug abuse, and the necessity of redeeming of pre- teenagers in America said they were we are number one in the industri- serving grace, too proud to pray to the virgins in 1960. Just 30 years later, 75 alized world for illiteracy. God that made us. It behooves us then percent of American high school stu- Do you think, Mr. Speaker, that tak- to humble ourselves before the of- dents are sexually active by age 18. ing the phrase ‘‘under God’’ out of the fended power to confess our national

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00149 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.082 H07PT1 H11130 CONGRESSIONAL RECORD — HOUSE November 7, 2003 sins and to pray for clemency and for- the tyranny of the Crown. On the con- lative program and any special orders giveness.’’ tinent, the Church was generally the heretofore entered, was granted to: Do you think, Mr. Speaker, that Roman Church. In the British Isles, it (The following Members (at the re- Abraham Lincoln would understand was the Episcopal Church, and those quest of Ms. JACKSON-LEE of Texas) to why we are even debating in our Su- countries empowered those Churches so revise and extend their remarks and in- preme Court the appropriateness of the they could if they wished oppress oth- clude extraneous material:) words ‘‘under God’’ in our Pledge of Al- ers, and they did. Mr. BROWN of Ohio, for 5 minutes, legiance to the Flag? When our Founding Fathers came today. I know that I quoted the words ear- here because of their resentment of Ms. NORTON, for 5 minutes, today. lier, but I think that we need to hear that oppression in Old Virginia and in Mr. GEORGE MILLER of California, for them again. Abraham Lincoln said: ‘‘It colonial Maryland, Roman Catholics 5 minutes, today. is rather for us to be here dedicated to could not vote. But when it came time Ms. JACKSON-LEE of Texas, for 5 min- the great task remaining before us to write the amendments to our Con- utes, today. than from these honored dead we take stitution, they recognized how impor- Mr. BLUMENAUER, for 5 minutes, increased devotion to that cause for tant it was that we provide religious today. which they gave the last full measure freedom to everybody, so they chose a (The following Members (at the re- of devotion, that we here, highly re- Roman Catholic to be a major archi- quest of Mr. FOLEY) to revise and ex- solved that these dead shall not have tect of that. It is no coincidence, I tend their remarks and include extra- died in vain; that this Nation, under think, Mr. Speaker, that in the very neous material:) God, shall have a new birth of free- first of these amendments, they ad- Mr. MORAN of Kansas, for 5 minutes, dom.’’ dressed their concern that all people November 12. Mr. Speaker, I think that we face should be free to worship as they Mr. PENCE, for 5 minutes, today. this discussion today because we would please, that they should empower no Mr. GARRETT of New Jersey, for 5 have forgotten from whence we came. religion over another religion. They minutes, today. Indeed, Mr. Speaker, I do not think could not have imagined that we would Mr. FOLEY, for 5 minutes, today. that the newest generation has forgot- interpret these words as requiring free- f ten; I do not think they ever knew, be- dom from religion. They clearly meant cause our textbooks have been bled dry them to assure freedom of religion. SENATE BILLS REFERRED of all of the references to our Christian I fervently hope, Mr. Speaker, that Bills of the Senate of the following heritage. the Supreme Court reviews in their pri- titles were taken from the Speaker’s Mr. Speaker, I firmly believe that if vate meditations the origins of our table and, under the rule, referred as the decision of this Supreme Court is country, the milieu in which the Dec- follows: grounded in the milieu in which our laration of Independence and the Con- Declaration of Independence was writ- S. 1066. An act to correct a technical error stitution were written, so that they from Unit T–07 of the John H. Chafee Coastal ten and our Constitution was written, can reach what I think is the only ac- Barrier Resources System; to the Committee they can reach no other conclusion but ceptable conclusion, and that is that on Resources. that the words ‘‘under God’’ in our our Founding Fathers clearly antici- S. 1643. An act to exempt certain coastal Pledge of Allegiance to the Flag are pated that a phrase like this would be barrier property from financial assistance completely appropriate, were com- very appropriate to our heritage and and flood insurance limitations under the pletely anticipated by those who Coastal Barriers Resources Act and the Na- would be very helpful to our people. tional Flood Insurance Act of 1968; to the framed our Constitution, by the Roman Mr. Speaker, it is my prayer that we Catholic who could not vote in Old Vir- Committee on Resources and in addition to will not need to come to this Chamber the Committee on Financial Services for a ginia or could not vote in Maryland, again to talk about this kind of a sub- period to be subsequently determined by the Charles Carroll, for whom Carroll ject, that the Supreme Court will make Speaker, in each case for consideration of County in Maryland is named and Car- a decision that will set to rest the con- such provisions as fall within the jurisdic- roll Creek that runs through Frederick cern about the role of God in our coun- tion of the committee concerned. City, Charles Keller a major architect try. No one religion should be empow- S. 1663. An act to replace certain Coastal of that establishment clause. Barrier Resources System maps; to the Com- ered so it can oppress the others. But mittee on Resources. They did not mean, Mr. Speaker, beyond that, all people are free to wor- that religion was unimportant in our ship as they please, and religion is not f country. What they wanted to accom- an inappropriate subject in the public ENROLLED BILL SIGNED plish is very clear in the words that domain. they stated: ‘‘Make no law concerning Mr. Trandahl, Clerk of the House, re- f the establishment of religion.’’ They ported and found truly enrolled a bill did not want the Congress to empower LEAVE OF ABSENCE of the House of the following title, one religion over another so that it By unanimous consent, leave of ab- which was thereupon signed by the could oppress the other religions. Be- sence was granted to: Speaker: cause, Mr. Speaker, our Founding Fa- Mr. HINCHEY (at the request of Ms. H.J. Res. 76. Joint resolution making fur- thers had come here from countries in PELOSI) for today on account of per- ther continuing appropriations for the fiscal the British Isles and in Europe, almost sonal reasons. year 2004, and for other purposes. all of which were ruled by a king or an Ms. HOOLEY of Oregon (at the request f emperor who claimed, and was granted, of Ms. PELOSI) for today after noon on ADJOURNMENT divine rights. So they came here in our account of personal reasons. Declaration of Independence saying Mrs. NAPOLITANO (at the request of Mr. BARTLETT of Maryland. Mr. that all men are created equal. Ms. PELOSI) for today on account of Speaker, I move that the House do now We read those words, Mr. Speaker, business in the district. adjourn. but we do not realize how important Mr. ORTIZ (at the request of Ms. The motion was agreed to; accord- they were in that day and time, that PELOSI) for November 6 after 4:00 p.m. ingly (at 1 o’clock and 53 minutes all men are created equal. ‘‘No emperor and today on account of official busi- p.m.), under its previous order, the or no king created above the others ness. House adjourned until Monday, Novem- and endowed by their creator.’’ And Mr. WU (at the request of Ms. PELOSI) ber 10, 2003, at noon. four times in the Declaration of Inde- for today on account of official busi- f pendence God is referred to, endowed ness. EXECUTIVE COMMUNICATIONS, by their creator with certain f unalienable rights. Our Founding Fa- ETC. thers came here to escape two tyr- SPECIAL ORDERS GRANTED Under clause 8 of rule XII, executive annies, Mr. Speaker. One was the tyr- By unanimous consent, permission to communications were taken from the anny of the Church and the other was address the House, following the legis- Speaker’s table and referred as follows:

VerDate jul 14 2003 05:12 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00150 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.084 H07PT1 November 7, 2003 CONGRESSIONAL RECORD — HOUSE H11131 5167. A letter from the Chief, Regulations pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Homeland Security, transmitting the De- and Administrative Law, USCG, Department mittee on Transportation and Infrastruc- partment’s final rule — Safety Zone; Old of Homeland Security, transmitting the De- ture. Black Point Beach Fireworks, Niantic, CT partment’s final rule — Safety Zone: 5177. A letter from the Chief, Regulations [CGD1-03-084] (RIN: 1625-AA00) received No- Hingham Fourth of July Fireworks — and Administrative Law, USCG, Department vember 5, 2003, pursuant to 5 U.S.C. Hingham, Massachusetts [CGD1-03-014] (RIN: of Homeland Security, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- 1625-A A00) received November 5, 2003, pursu- partment’s final rule — Safety Zone; Hamp- tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ton Roads, Elizabeth River, Chesapeake, Vir- 5187. A letter from the Chief, Regulations on Transportation and Infrastructure. ginia Beach, Albemarle Chesapeake Canal, and Administrative Law, USCG, Department 5168. A letter from the Chief, Regulations Intracoastal Waterway, Virginia [CGD05-03- of Homeland Security, transmitting the De- and Administrative Law, USCG, Department 100] (RIN: 1625-AA00) received November 5, partment’s final rule — Safety Zone; Hamp- of Homeland Security, transmitting the De- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the ton Roads, Elizabeth River, Chesapeake, Vir- partment’s final rule — Safety Zone: Lynn Committee on Transportation and Infra- ginia Beach, Albemarle Chesapeake Canal, Fourth of July Fireworks — Lynn, Massa- structure. Intracoastal Waterway, Virginia [CGD05-03- chusetts. [CGD1-03-018] (RIN: 1625-AA00) re- 5178. A letter from the Chief, Regulations 120] (RIN: 1625-AA00) received November 5, ceived November 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- Committee on Transportation and Infra- tation and Infrastructure. partment’s final rule — Safety Zone; Town of structure. 5169. A letter from the Chief, Regulations Norwich Fireworks, Norwich, CT [CGD1-03- 5188. A letter from the Chief, Regulations and Administrative Law, USCG, Department 076] (RIN: 1625-AA00) received Novmeber 5, and Administrative Law, USCG, Department of Homeland Security, transmitting the De- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Homeland Security, transmitting the De- partment’s final rule — Safety Zone; Middle- Committee on Transportation and Infra- partment’s final rule — Safety Zone; Weekly town July 4th Celebration Fireworks Dis- structure. Dockside Restaurant Fireworks Display, play, Middletown, CT [CGD1-03-067] (RIN: 5179. A letter from the Chief, Regulations Port Jefferson, NY [CGD1-03-085] (RIN: 1625- 1625-AA00) received November 5, 2003, pursu- and Administrative Law, USCG, Department AA11) received November 5, 2003, pursuant to ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Homeland Security, transmitting the De- 5 U.S.C. 801(a)(1)(A); to the Committee on on Transportation and Infrastructure. partment’s final rule — Special Local Regu- Transportation and Infrastructure. 5170. A letter from the Chief, Regulations lations for Marine Events; Pamlico River, 5189. A letter from the Chief, Regulations and Administrative Law, USCG, Department Washington, NC [CGD05-03-104] (RIN: 1625- and Administrative Law, USCG, Department of Homeland Security, transmitting the De- AA08) received November 5, 2003, pursuant to of Homeland Security, transmitting the De- partment’s final rule — Safety Zone; West- 5 U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule — Safety/Security port Police Athletics League Fireworks Dis- Transportation and Infrastructure. zone; Cruise Ship GALAXY, Patapsco River play, Westport, CT [CGD1-03-072] (RIN: 1625- 5180. A letter from the Chief, Regulations and tributaries, Maryland [CGD05-03-123] AA00) received November 5, 2003, pursuant to and Administrative Law, USCG, Department (RIN: 1625-AA00) received November 5, 2003, 5 U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. partment’s final rule — Safety Zones; Coast mittee on Transportation and Infrastruc- 5171. A letter from the Chief, Regulations Guard Activities New York [CGD1-03-078] ture. and Administrative Law, USCG, Department (RIN: 1625-AA00) received November 5, 2003, 5190. A letter from the Chief, Regulations of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Nor- mittee on Transportation and Infrastruc- of Homeland Security, transmitting the De- walk Firework Display, Norwalk, CT [CGD1- ture. partment’s final rule — Security Zone; 03-073] (RIN: 1625-AA00) received November 5, 5181. A letter from the Chief, Regulations Chesapeake Bay, Hampton Roads, Virginia 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Administrative Law, USCG, Department [CGD05-03-127] (RIN: 1625-AA00) received No- Committee on Transportation and Infra- of Homeland Security, transmitting the De- vember 5, 2003, pursuant to 5 U.S.C. structure. partment’s final rule — Security Zone; 801(a)(1)(A); to the Committee on Transpor- 5172. A letter from the Chief, Regulations Chesapeake Bay, Hampton Roads, Virginia tation and Infrastructure. and Administrative Law, USCG, Department [CGD05-03-106] (RIN: 1625-AA00) received No- 5191. A letter from the Chief, Regulations of Homeland Security, transmitting the De- vember 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department partment’s final rule — Safety/Security 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- Zone; Georgetown Channel, Potomac River, tation and Infrastructure. partment’s final rule — Special Local Regu- Washington, D.C. [CGD-05-03-094] (RIN: 1625- 5182. A letter from the Chief, Regulations lations for Marine Events; Martins Creek, AA00) received November 5, 2003, pursuant to and Administrative Law, USCG, Department Tullytown, PA [CGD05-03-128] (RIN: 1625- 5 U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- AA08) received November 5, 2003, pursuant to Transportation and Infrastructure. partment’s final rule — Special Local Regu- 5 U.S.C. 801(a)(1)(A); to the Committee on 5173. A letter from the Chief, Regulations lations for Marine Events; Sunset Lake, Transportation and Infrastructure. and Administrative Law, USCG, Department Wildwood Crest, NJ [CGD05-03-109] (RIN: 5192. A letter from the Chief, Regulations of Homeland Security, transmitting the De- 1625-AA08) received November 5, 2003, pursu- and Administrative Law, USCG, Department partment’s final rule — Safety Zone; ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Homeland Security, transmitting the De- Riverfest 2003, Hartford, CT [CGD1-03-074] on Transportation and Infrastructure. partment’s final rule — Safety Zone: Chesa- (RIN: 1625-AA00) received November 5, 2003, 5183. A letter from the Chief, Regulations peake Bay, Hampton, Virginia [CGD05-03-134] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department (RIN: 1625-AA00) received November 5, 2003, mittee on Transportation and Infrastruc- of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. partment’s final rule — Safety Zone; Town of mittee on Transportation and Infrastruc- 5174. A letter from the Chief, Regulations Branford Annual Fireworks Display, Bran- ture. and Administrative Law, USCG, Department ford, CT [CGD1-03-079] (RIN: 1625-AA00) re- 5193. A letter from the Chief, Regulations of Homeland Security, transmitting the De- ceived November 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department partment’s final rule — Security Zone; 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- Hampton Roads, Craney Island Flats, Nor- tation and Infrastructure. partment’s final rule — Safety Zone; Salem folk Harbor Reach, VA [CGD05-03-096] (RIN: 5184. A letter from the Chief, Regulations Heritage Days fireworks, Salem, Massachu- 1625-AA00) received November 5, 2003, pursu- and Administrative Law, USCG, Department setts [CGD1-03-089] (RIN: 1625-AA00) received ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Homeland Security, transmitting the De- November 5, 2003, pursuant to 5 U.S.C. on Transportation and Infrastructure. partment’s final rule — Safety Zone: Atlan- 801(a)(1)(A); to the Committee on Transpor- 5175. A letter from the Chief, Regulations tic Ocean, Isle of Wight Bay, Ocean City, tation and Infrastructure. and Administrative Law, USCG, Department Maryland [CGD05-03-114] (RIN: 1625-AA00) re- 5194. A letter from the Chief, Regulations of Homeland Security, transmitting the De- ceived November 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Town of 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- Stratford. Fireworks Display, Stratford, CT tation and Infrastructure. partment’s final rule — Security Zone; [CGD1-03-075] (RIN: 1625-AA00) received No- 5185. A letter from the Chief, Regulations Chesapeake Bay, Hampton Roads, Virginia vember 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department [CGD05-03-135] (RIN: 1625-AA00) received No- 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- vember 5, 2003, pursuant to 5 U.S.C. tation and Infrastructure. partment’s final rule — Safety Zone: Chesa- 801(a)(1)(A); to the Committee on Transpor- 5176. A letter from the Chief, Regulations peake Bay, Hampton, Virginia [CGD05-03-115] tation and Infrastructure. and Administrative Law, USCG, Department (RIN: 1625-AA00) received November 5, 2003, 5195. A letter from the Chief, Regulations of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department partment’s final rule — Special Local Regu- mittee on Transportation and Infrastruc- of Homeland Security, transmitting the De- lations for Marine Events; Atlantic Ocean, ture. partment’s final rule — Safety and Security Atlantic City, New Jersey [CGD05-03-097] 5186. A letter from the Chief, Regulations Zones; First Circuit Court Judicial Con- (RIN: 1625-AA08) received November 5, 2003, and Administrative Law, USCG, Department ference, World Trade Center and Moakley

VerDate jul 14 2003 02:35 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00151 Fmt 7634 Sfmt 0634 E:\CR\FM\L07NO7.000 H07PT1 H11132 CONGRESSIONAL RECORD — HOUSE November 7, 2003 Federal Courthouse, South Boston, MA of Homeland Security, transmitting the De- tic Ocean, Chesapeake Bay, Linkhorn Bay, [CGD01-03-090] (RIN: 1625-AA00) received No- partment’s final rule — Safety Zone; All the Virginia Beach, Virginia [CGD05-03-086] (RIN: vember 5, 2003, pursuant to 5 U.S.C. waters within the Captain of the Port Wil- 1625-AA00) received November 5, 2003, pursu- 801(a)(1)(A); to the Committee on Transpor- mington zone as defined by 33 CFR 3.25-20 ant to 5 U.S.C. 801(a)(1)(A); to the Committee tation and Infrastructure. [CGD05-03-142] (RIN: 1625-AA00) received No- on Transportation and Infrastructure. 5196. A letter from the Chief, Regulations vember 5, 2003, pursuant to 5 U.S.C. 5215. A letter from the Chief, Regulations and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department of Homeland Security, transmitting the De- tation and Infrastructure. of Homeland Security, transmitting the De- partment’s final rule — Security Zone; 5206. A letter from the Chief, Regulations partment’s final rule — Safety Zone: Atlan- Chesapeake Bay, Hampton Roads, Virginia and Administrative Law, USCG, Department tic Ocean, Chesapeake Bay, Piankatank [CGD05-03-136] (RIN: 1625-AA00) received No- of Homeland Security, transmitting the De- River, Virginia [CGD05-03-088] (RIN: 1625- vember 5, 2003, pursuant to 5 U.S.C. partment’s final rule — Safety Zone; Port of AA00) received November 5, 2003, pursuant to 801(a)(1)(A); to the Committee on Transpor- Hampton Roads [CGD05-03-143] (RIN: 1625- 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. AA00) received November 5, 2003, pursuant to Transportation and Infrastructure. 5197. A letter from the Chief, Regulations 5 U.S.C. 801(a)(1)(A); to the Committee on 5216. A letter from the Chief, Regulations and Administrative Law, USCG, Department Transportation and Infrastructure. and Administrative Law, USCG, Department of Homeland Security, transmitting the De- 5207. A letter from the Chief, Regulations of Homeland Security, transmitting the De- partment’s final rule — Security Zone; and Administrative Law, USCG, Department partment’s final rule — Safety Zone: Atlan- Chesapeake Bay, Hampton Roads, Virginia of Homeland Security, transmitting the De- tic Ocean, Chesapeake Bay, York River, Vir- [CGD05-03-137] (RIN: 1625-AA00) received No- partment’s final rule — Safety Zone; Chesa- ginia [CGD05-03-089] (RIN: 1625-AA00) re- vember 5, 2003, pursuant to 5 U.S.C. peake Bay and its tributaries [CGD05-03-144] ceived November 5, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- (RIN: 1625-AA00) received November 5, 2003, 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. 5198. A letter from the Chief, Regulations mittee on Transportation and Infrastruc- 5217. A letter from the Chief, Regulations and Administrative Law, USCG, Department ture. and Administrative Law, USCG, Department of Homeland Security, transmitting the De- 5208. A letter from the Chief, Regulations of Homelnad Security, transmitting the De- partment’s final rule — Special Local Regu- and Administrative Law, USCG, Department partment’s final rule — Safety Zone: Atlan- lations for Marine Events; North East RIver, of Homeland Security, transmitting the De- tic Ocean, Chesapeake Bay, Chickahominy North East, Maryland [CGD105-03-076] (RIN: partment’s final rule — Safety Zone; Dela- River, Virginia [CGD05-03-087] (RIN: 1625- 0625-AA08) received November 5, 2003, pursu- ware River and Bay, Schuylkill River, C&D AA00) received November 5, 2003, pursuant to ant to 5 U.S.C. 801(a)(1)(A); to the Committee Canal to the Maryland and Delaware border, 5 U.S.C. 801(a)(1)(A); to the Committee on on Transportation and Infrastructure. coastal waters of Delaware, and coastal wa- Transportation and Infrastructure. 5199. A letter from the Chief, Regulations ters of New Jersey from Cape May to Long f and Administrative Law, USCG, Department Branch [CGD05-03-145] (RIN: 1625-AA00) re- of Homeland Security, transmitting the De- ceived November 5, 2003, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON partment’s final rule — Security Zone; 801(a)(1)(A); to the Committee on Transpor- PUBLIC BILLS AND RESOLUTIONS Chesapeake Bay, Hampton Roads, Virginia tation and Infrastructure. Under clause 2 of rule XIII, reports of [CGD05-03-138] (RIN: 1625-AA00) received No- 5209. A letter from the Chief, Regulations vember 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department committees were delivered to the Clerk 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- for printing and reference to the proper tation and Infrastructure. partment’s final rule — Safety Zone: Atlan- calendar, as follows: 5200. A letter from the Chief, Regulations tic Ocean, Isle of Wight Bay, Ocean City, Mr. POMBO: Committee on Resources. and Administrative Law, USCG, Department Maryland [CGD05-03-080] (RIN: 1625-AA00) re- H.R. 3209. A bill to amend the Reclamation of Homeland Security, transmitting the De- ceived November 5, 2003, pursuant to 5 U.S.C. Project Authorization Act of 1972 to clarify partment’s final rule — Safety Zone: Atlan- 801(a)(1)(A); to the Committee on Transpor- the acreage for which the North Loup divi- tic Ocean, Assawoman Bay, Ocean City, MD tation and Infrastructure. sion is authorized to provide irrigation water [CGD05-03-077] (RIN: 1625-AA00) received No- 5210. A letter from the Chief, Regulations under the Missouri River Basin project vember 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department (Rept. 108–356). Referred to the Committee of 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- the Whole House on the State of the Union. tation and Infrastructure. partment’s final rule — Safety Zone: Chesa- Mr. HOBSON: Committee of Conference. 5201. A letter from the Chief, Regulations peake Bay, James River, Newport News, Vir- Conference report on H.R. 2754. A bill mak- and Administrative Law, USCG, Department ginia [CGD05-03-081] (RIN: 1625-AA00) re- ing appropriations for energy and water de- of Homeland Security, transmitting the De- ceived November 5, 2003, pursuant to 5 U.S.C. velopment for the fiscal year ending Sep- partment’s final rule — Security zone; 801(a)(1)(A); to the Committee on Transpor- tember 30, 2004, and for other purposes (Rept. Chesapeake Bay, Hampton Roads, Virginia tation and Infrastructure. 108–357). Ordered to be printed. [CGD05-03-139] (RIN: 1625-AA00) received No- 5211. A letter from the Chief, Regulations f vember 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- REPORTED BILL SEQUENTIALLY tation and Infrastructure. partment’s final rule — Special Local Regu- REFERRED 5202. A letter from the Chief, Regulations lations for Marine Events; Paxtuxent River, and Administrative Law, USCG, Department Solomans, Maryland [CGD05-03-082] (RIN: Under clause 2 of rule XII, bills and of Homeland Security, transmitting the De- 1625-AA08) received November 5, 2003, pursu- reports were delivered to the Clerk for partment’s final rule — Security Zone; ant to 5 U.S.C. 801(a)(1)(A); to the Committee printing, and bills referred as follows: Chesapeake Bay, Hampton Roads, Virginia on Transportation and Infrastructure. H.R. 1856. A bill to reauthorize the Harmful [CGD05-03-140] (RIN: 1625-AA00) received No- 5212. A letter from the Chief, Regulations Algal Bloom and Hypoxia Research and Con- vember 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department trol Act of 1998, and for other purposes, with 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- an amendment; referred to the Committee tation and Infrastructure. partment’s final rule — Special Local Regu- on Transportation and Infrastructure for a 5203. A letter from the Chief, Regulations lations for Marine Events; Middle River, Bal- period ending not later than November 21, and Administrative Law, USCG, Department timore County, Maryland [CGD05-03-083] 2003, for consideration of such provisions of of Homeland Security, transmitting the De- (RIN: 1625-AA08) received November 5, 2003, the bill and amendment as fall within the ju- partment’s final rule — Safety Zone; Atlan- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- risdiction of that committee pursuant to tic Ocean, Ocean City, Maryland [CGD05-03- mittee on Transportation and Infrastruc- clause 1(q), rule X. 079] (RIN: 1625-AA00) received November 5, ture. f 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5213. A letter from the Chief, Regulations Committee on Transportation and Infra- and Administrative Law, USCG, Department TIME LIMITATION OF REFERRED structure. of Homeland Security, transmitting the De- BILL 5204. A letter from the Chief, Regulations partment’s final rule — Security Zone; At- and Administrative Law, USCG, Department lantic Ocean, Chesapeake & Delaware Canal, Pursuant to clause 2 of rule XII, the of Homeland Security, transmitting the De- Delaware Bay, Delaware River and its tribu- following action was taken by the partment’s final rule — Security Zone; taries [CGD05-03-085] (RIN; 1625-AA00) re- Speaker: Chesapeake Bay, Hampton Roads, Virginia ceived November 5, 2003, pursuant to 5 U.S.C. H.R. 180. Referral to the Committee on [CGD05-03-141] (RIN: 1625-AA00) received No- 801(a)(1)(A); to the Committee on Transpor- Rules extended for a period ending not later vember 5, 2003, pursuant to 5 U.S.C. tation and Infrastructure. than November 21, 2003. 801(a)(1)(A); to the Committee on Transpor- 5214. A letter from the Chief, Regulations H.R. 1081. Referral to the Committees on tation and Infrastructure. and Administrative Law, USCG, Department Transportation and Infrastructure, Re- 5205. A letter from the Chief, Regulations of Homeland Security, transmitting the De- sources, and House Administration for a pe- and Administrative Law, USCG, Department partment’s final rule — Safety Zone: Atlan- riod ending not later than November 21, 2003.

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H.R. 1856. Referral to the Committee on gram and a temporary vocational develop- H.R. 1372: Mr. COLE and Mr. CAPUANO. Resources extended for a period ending not ment program for small business concerns H.R. 1448: Ms. LEE. later than November 21, 2003. owned and controlled by veterans; to the H.R. 1469: Mr. GRIJALVA. H.R. 2120. Referral to the Committee on Committee on Small Business. H.R. 1600: Mr. CUMMINGS and Mr. GRIJALVA. the Judiciary extended for a period ending By Mr. WHITFIELD (for himself, Mr. H.R. 1684: Ms. HARMAN and Mr. EMANUEL. not later than November 21, 2003. DREIER, Mrs. JOHNSON of Con- H.R. 1708: Mr. HILL. H.R. 2802. Referral to the Committee on necticut, Mr. CASTLE, Mr. STEARNS, H.R. 1895: Mr. EMANUEL, Mr. FROST, Mr. Government Reform extended for a period Mr. CRENSHAW, Mr. HYDE, Mr. GONZALEZ, Mr. GRIJALVA, and Ms. JACKSON- ending not later than November 21, 2003. WELLER, Mr. HOSTETTLER, Mr. LEWIS LEE of Texas. H.R. 3358. Referral to the Committee on of Kentucky, Mr. BASS, Mr. SMITH of H.R. 1910: Mr. ORTIZ and Mr. GIBBONS. H.R. 2045: Mr. CAMP. the Budget extended for a period ending not New Jersey, Mrs. MYRICK, Mr. H.R. 2127: Ms. BORDALLO. later than November 21, 2003. PORTMAN, Ms. PRYCE of Ohio, Ms. H.R. 2193: Ms. MILLENDER-MCDONALD. HART, Mrs. NORTHUP, Mr. GILCHREST, f H.R. 2217: Mr. FILNER, Mr. GUTIERREZ, Ms. Mr. UPTON, Mrs. MILLER of Michigan, LEE, Mr. COSTELLO, Mr. GREEN of Wisconsin, PUBLIC BILLS AND RESOLUTIONS Mr. PICKERING, Ms. MCCARTHY of Mis- Ms. JACKSON-LEE of Texas, Ms. NORTON, Mr. souri, Mr. LOBIONDO, Mr. EHLERS, Mr. Under clause 2 of rule XII, public CROWLEY, Ms. LOFGREN, Mr. MARKEY, Mr. RADANOVICH, Mr. FRELINGHUYSEN, Mr. bills and resolutions were introduced ROTHMAN, Mr. HINOJOSA, Mr. SANDERS, Ms. PETRI, Mrs. BONO, Mr. WALDEN of Or- and severally referred, as follows: CARSON of Indiana, and Mr. THOMPSON of egon, and Mr. WOLF): Mississippi. By Mr. SCHROCK (for himself, Mr. H.R. 3484. A bill to amend the Animal Wel- H.R. 2246: Mr. ACKERMAN, Mr. STENHOLM, EVANS, Mr. FROST, Mr. FILNER, Ms. fare Act to improve the standards for the Mrs. MALONEY, Mr. SCOTT of Georgia, Mr. CORRINE BROWN of Florida, Mr. care and treatment of certain animals, and PRICE of North Carolina, Ms. SLAUGHTER, Mr. BISHOP of Georgia, Mr. GILLMOR, Mr. for other purposes; to the Committee on Ag- WEINER, Mr. MEEKS of New York, Mr. WALSH, ENGLISH, and Mr. KILDEE): riculture. Mr. NADLER, Mr. MILLER of North Carolina, H.R. 3476. A bill to require the Secretary of By Mr. RANGEL (for himself, Ms. Defense to develop and implement a plan to Ms. CARSON of Indiana, Mr. NORWOOD, Mr. SCHAKOWSKY, Ms. LEE, Ms. WOOLSEY, provide chiropractic health care services and VISCLOSKY, and Mr. SANDLIN. Mr. OWENS, Ms. CARSON of Indiana, benefits as part of the TRICARE program; to H.R. 2256: Ms. NORTON and Mr. OLVER. Mr. CLAY, Mr. GRIJALVA, Mr. STARK, the Committee on Armed Services. H.R. 2490: Mr. VAN HOLLEN. Mr. PALLONE, Ms. EDDIE BERNICE By Mr. CALVERT: H.R. 2511: Mr. SANDERS. JOHNSON of Texas, Mr. THOMPSON of H.R. 3477. A bill to require the Secretary of H.R. 2569: Mr. LEWIS of Georgia and Mr. Mississippi, Mr. GEORGE MILLER of the Treasury to mint coins in commemora- OBERSTAR. California, Mr. DAVIS of Illinois, Ms. tion of the recipients of the Congressional H.R. 2662: Mr. SIMMONS. SOLIS, Mr. DOGGETT, Mr. BROWN of H.R. 2719: Mr. BILIRAKIS. Medal of Honor; to the Committee on Finan- Ohio, Mr. NADLER, Ms. WATERS, Mr. H.R. 2720: Mr. RAMSTAD, Mr. SABO, and Mr. cial Services. MEEKS of New York, Mr. MCDERMOTT, WELDON of Pennsylvania. By Mr. PUTNAM (for himself and Mr. Ms. WATSON, Mr. FRANK of Massachu- H.R. 2823: Mr. GREEN of Wisconsin, Mr. CLAY): setts, Mr. KUCINICH, Mr. GUTIERREZ, WHITFIELD, and Mr. SNYDER. H.R. 3478. A bill to amend title 44, United and Ms. KAPTUR): H.R. 2829: Ms. CARSON of Indiana. States Code, to improve the efficiency of op- H. Con. Res. 323. Concurrent resolution H.R. 2900: Mr. BURGESS. erations by the National Archives and urging the President to immediately request H.R. 2944: Mr. SCHROCK and Mr. HEFLEY. Records Administration; to the Committee the resignation of Secretary of Defense Don- H.R. 2946: Mr. FERGUSON. on Government Reform. ald Rumsfeld; to the Committee on Armed H.R. 2959: Mr. ABERCROMBIE, Ms. By Ms. BORDALLO (for herself, Mr. Services. MILLENDER-MCDONALD, and Mr. MICHAUD. ABERCROMBIE, and Mr. CASE): H.R. 3015: Mr. EVANS. H.R. 3479. A bill to provide for the control f H.R. 3035: Mr. GRIJALVA and eradication of the brown tree snake on H.R. 3109: Mr. BASS, Mr. BEAUPREZ, Mrs. the island of Guam and the prevention of the ADDITIONAL SPONSORS BLACKBURN, Mr. BOEHNER, Mr. BRADY of introduction of the brown tree snake to Under clause 7 of rule XII, sponsors Texas, Mr. BROWN of South Carolina, Ms. other areas of the United States, and for were added to public bills and resolu- GINNY BROWN-WAITE of Florida, Mr. BUR- other purposes; to the Committee on Re- tions as follows: GESS, Mr. CARTER, Mr. CHOCOLA, Mr. CRANE, sources, and in addition to the Committee on Mrs. CUBIN, Mr. CUNNINGHAM, Mr. DEMINT, H.R. 58: Mrs. CAPPS. Agriculture, for a period to be subsequently Mr. DOOLITTLE, Mr. ENGLISH, Mr. FEENEY, H.R. 195: Mr. EHLERS. determined by the Speaker, in each case for Mr. FERGUSON, Mr. FOLEY, Mr. FORBES, Mr. H.R. 198: Mr. HEFLEY. consideration of such provisions as fall with- FRANKS of Arizona, Mr. GALLEGLY, Mr. GAR- H.R. 235: Mr. WAMP. in the jurisdiction of the committee con- RETT of New Jersey, Mr. GERLACH, Mr. H.R. 303: Mr. CRANE. cerned. GILCHREST, Mr. GREENWOOD, Mr. HAYWORTH, H.R. 371: Mr. BERRY, Mr. NADLER, and Mr. By Mr. CUNNINGHAM (for himself and Mr. HERGER, Mr. ISAKSON, Mr. ISSA, Mr. TOWNS. Ms. HARMAN): JOHNSON of Illinois, Mr. KELLER, Mrs. KELLY, H.R. 426: Mr. HEFLEY. H.R. 3480. A bill to require the construction Mr. LATHAM, Mr. MCKEON, Mr. MANZULLO, H.R. 523: Mr. NEUGEBAUER. at Arlington National Cemetery of a memo- Mr. MICA, Mr. MILLER of Florida, Mrs. H.R. 525: Mr. BARTLETT of Maryland, Ms. rial to noncitizens killed in the line of duty MUSGRAVE, Mr. NETHERCUTT, Mr. OSBORNE, MCCOLLUM, Ms. WATERS, Ms. SLAUGHTER, while serving in the Armed Forces of the Mr. PEARCE, Mr. PENCE, Mr. PORTER, Mr. Mrs. BIGGERT, Mr. OSE, Mr. TIAHRT, Mr. United States of America; to the Committee REHBERG, Mr. RENZI, Mr. ROGERS of Michi- SMITH of Washington, Mr. GREEN of Wis- on Veterans’ Affairs. gan, Mr. ROGERS of Alabama, Mr. SESSIONS, consin, Mr. HYDE, Mr. WICKER, Mr. WOLF, Mr. By Mr. LEWIS of Georgia: Mr. SHAYS, Mr. SHERWOOD, Mr. TANCREDO, KINGSTON, Mr. HAYWORTH, Mr. HOBSON, Ms. H.R. 3481. A bill to amend title XVIII of the Mr. TIAHRT, Mr. TURNER of Ohio, Mr. UPTON, HARMAN, Mr. LEWIS of California, Mr. SHAYS, Social Security Act to eliminate cost-shar- Mr. WALSH, Mr. WELDON of Florida, Mr. Mr. COBLE, Mr. GOODLATTE, Mr. WAMP, Ms. ing under the Medicare Program for bone WHITFIELD, and Mr. YOUNG of Alaska. mass measurements; to the Committee on GINNY BROWN-WAITE of Florida, Mr. TAUZIN, H.R. 3119: Mr. MOORE, Mr. MORAN of Kan- Energy and Commerce, and in addition to and Mr. BLUMENAUER. sas, Mr. BURTON of Indiana, and Mr. PENCE. the Committee on Ways and Means, for a pe- H.R. 548: Mr. LEWIS of Oregon. H.R. 3125: Mr. SOUDER. riod to be subsequently determined by the H.R. 645: Mrs. DAVIS of California, Mr. H.R. 3130: Mr. ISTOOK. Speaker, in each case for consideration of MARSHALL, Mr. PRICE of North Carolina, and H.R. 3142: Mrs. KELLY, Mr. NUSSLE, Mr. such provisions as fall within the jurisdic- Mr. MOORE. SERRANO, Ms. MCCOLLUM, Mr. SHERWOOD, Ms. tion of the committee concerned. H.R. 713: Mr. HALL, Mr. JANKLOW, and Mrs. LORETTA SANCHEZ of California, Mr. BOYD, By Mr. POMEROY (for himself and Mr. JONES of Ohio. and Mr. LEACH. OSBORNE): H.R. 727: Mrs. CAPPS. H.R. 3165: Mr. OWENS and Mr. BURNS. H.R. 3482. A bill to amend the Food Secu- H.R. 791: Mr. CRANE. H.R. 3178: Mr. SANDLIN, Ms. KILPATRICK, rity Act of 1985 to encourage owners and op- H.R. 834: Mr. INSLEE. Mr. DEFAZIO, Mrs. KELLY, Mr. ENGLISH, Mr. erators of privately-held farm and ranch land H.R. 857: Ms. BERKLEY. WAXMAN, Mr. MICHAUD, Mrs. JO ANN DAVIS of to voluntarily make their land available for H.R. 956: Mr. MORAN of Virginia. Virginia, and Mr. PEARCE. access by the public under programs admin- H.R. 962: Mr. SERRANO. H.R. 3180: Mr. COSTELLO. istered by States; to the Committee on Agri- H.R. 996: Mr. ORTIZ. H.R. 3184: Mr. FOLEY. culture. H.R. 1068: Mr. MICHAUD. H.R. 3193: Mr. CHABOT, Mr. STEARNS, Mr. By Mr. UDALL of New Mexico (for H.R. 1206: Mr. FRANKS of Arizona. THORNBERRY, and Mr. GARRETT of New Jer- himself and Mrs. KELLY): H.R. 1229: Mr. CANTOR. sey. H.R. 3483. A bill to amend the Small Busi- H.R. 1258: Mr. FARR. H.R. 3215: Mr. CALVERT, Mr. DUNCAN, Mr. ness Act to establish a temporary loan pro- H.R. 1279: Mr. MILLER of North Carolina. TAYLOR of North Carolina, and Mr. VITTER.

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H.R. 3227: Mrs. TAUSCHER and Mr. SERRANO. H.R. 3425: Mr. GONZALEZ, Mrs. MALONEY, of Texas, Mr. WEXLER, Mr. DELAHUNT, Mrs. H.R. 3228: Mr. WILSON of South Carolina. Mr. GUTIERREZ, Ms. MILLENDER-MCDONALD, JO ANN DAVIS of Virginia, Ms. WATSON, Mr. H.R. 3242: Mr. WILSON of South Carolina Mr. KILDEE, and Mr. GRIJALVA. MCNULTY, Mr. BERMAN, Mr. CROWLEY, Mrs. and Mr. KILDEE. H.R. 3438: Ms. KILPATRICK, Mr. GRIJALVA, NAPOLITANO, Mr. SCHIFF, and Mr. HOEFFEL. H.R. 3243: Mr. HOUGHTON. Mr. SHAW, and Mr. ACKERMAN. H. Res. 431: Mr. GIBBONS. H.R. 3251: Mrs. JONES of Ohio. H.R. 3440: Mr. MCGOVERN, Mr. EDWARDS, H. Res. 432: Mrs. MALONEY, Ms. MILLENDER- H.R. 3275: Ms. NORTON, Ms. MCCOLLUM, and Mr. CARDOZA, Mr. RAHALL, Mrs. MALONEY, MCDONALD, Ms. NORTON, Mr. SERRANO, Mr. Ms. WOOLSEY. and Mrs. TAUSCHER. FARR, Ms. BERKLEY, Ms. WATSON, and Ms. H.R. 3292: Ms. LEE, Mr. UDALL of New Mex- H.J. Res. 37: Mr. KIRK. LEE. ico, and Mr. GREEN of Texas. H. Con. Res. 60: Mr. VITTER. H. Con. Res. 98: Mr. MICA. H.R. 3344: Mr. GOODE, Mr. JACKSON of Illi- f nois, and Mr. DOGGETT. H. Con. Res. 196: Mr. MICHAUD. H. Con. Res. 247: Mr. FLETCHER. H.R. 3350: Mr. CASTLE. H. Con. Res. 254: Mr. KUCINICH. H.R. 3370: Mr. KILDEE, Mr. MCNULTY, and DISCHARGE PETITIONS— H. Con. Res. 285: Mr. MICHAUD. Ms. BERKLEY. ADDITIONS OR DELETIONS H. Con. Res. 298: Mr. WAMP, Mr. MATHESON, H.R. 3380: Mr. BURR, Mr. MCINTYRE, Mr. and Mr. FOLEY. The following Members added their PRICE of North Carolina, and Mr. MILLER of H. Res. 157: Mr. SHAYS and Mr. EHLERS. North Carolina. names to the following discharge peti- H. Res. 354: Mr. GRIJALVA. tions: H.R. 3385: Mr. BARRETT of South Carolina. H. Res. 382: Mr. BLUMENAUER. H.R. 3416: Ms. MILLENDER-MCDONALD, Mr. H. Res. 393: Mrs. LOWEY and Mr. EHLERS. Petition 4, by Ms. DARLENE HOOLEY on FARR, Mr. MENENDEZ, Ms. SOLIS, Mr. H. Res. 408: Mr. KINGSTON. House Resolution 398: Harold E. Ford, Jr., MCDERMOTT, Ms. LEE, Mr. GREEN of Texas, H. Res. 412: Mr. CALVERT. Luis V. Gutierrez, Brad Miller, Bart Stupak, Mr. CONYERS, and Mr. CROWLEY. H. Res. 427: Mr. HYDE, Mr. LANTOS, Ms. Collin C. Peterson, Richard E. Neal, Ralph H.R. 3424: Mr. GRIJALVA and Mr. HINCHEY. ROS-LEHTINEN, Mr. ROHRABACHER, Mr. GREEN M. Hall, and Charles W. Stenholm.

VerDate jul 14 2003 05:12 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00154 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.072 H07PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, FRIDAY, NOVEMBER 7, 2003 No. 161 Senate The Senate met at 9:30 a.m. and was SCHEDULE UNANIMOUS CONSENT REQUEST— called to order by the President pro H.R. 2799 tempore [Mr. STEVENS]. Mr. FRIST. Mr. President, this morning we will immediately resume con- Mr. FRIST. Mr. President, I ask PRAYER sideration of the Internet tax morato- unanimous consent that at a time de- The Chaplain, Dr. Barry C. Black, of- rium bill. Last night, many colleagues termined by the majority leader, after fered the following prayer: remained in the Chamber to debate the consultation with the Democratic lead- Let us pray: underlying legislation and an amend- er, the Senate proceed to the consider- God of might and miracles, You are ation of H.R. 2799, the Commerce-Jus- our protection and defense. You are our ment that we hope will be offered tice-State appropriations bill. shelter and savior. You give daily vic- shortly—as a matter of fact, most of tories to those who trust You. Because the same Senators are already here The PRESIDENT pro tempore. Is of You, our Nation continues to be this morning and are prepared to re- there objection? blessed, for Your greatness is beyond sume this important debate. We will Mr. REID. Mr. President, reserving understanding. proceed with that shortly. Thank You for Your kindness, for the right to object, I ask the majority being slow to anger and full of constant We do want to take a moment to leader—we have, of course, Senator love. Meet the needs of our Senators as comment on the schedule. Today, it is HOLLINGS, the ranking member of the they seek to serve humanity. Be near my expectation to have votes on the subcommittee, who has asked, at what to them as they weigh important evi- Internet tax moratorium and to finish time do you propose going to that, dence and guide their thoughts. that bill. The tax moratorium expired today or at some other time? Show us Your compassion and hear last week, and I believe it is important Mr. FRIST. The plan would be to go our prayers. Protect all who love Your for us to work through any amend- name and fill us with Your joy. We to it after we finish the Internet tax ments and vote on passage of that bill pray this in Your merciful name. bill. So we would like to go to that bill Amen. today. With the cooperation of all Sen- today. If it is very late, of course, we ators, we will be able to complete our f will start early Monday morning. work on this bill at an early hour this Mr. REID. I respectfully say to my PLEDGE OF ALLEGIANCE afternoon. The PRESIDENT pro tempore led the distinguished friend that we are not It would also be my intent to begin Pledge of Allegiance, as follows: going to finish the Internet tax bill consideration of the Commerce-Jus- I pledge allegiance to the Flag of the today. I guess we can finish it by tak- United States of America, and to the Repub- tice-State appropriations bill as soon ing it off the floor. On our side there lic for which it stands, one nation under God, as possible. We must continue to make are a significant number of amend- indivisible, with liberty and justice for all. steady progress on these appropriation ments, and we know there are some on f bills in order to complete our work by your side. Simply, I ask the leader RECOGNITION OF THE MAJORITY November 21. Senators can expect what time does he propose, in effect, LEADER votes throughout the morning and that we have had enough talk on the The PRESIDENT pro tempore. The afternoon as we work through the end Internet tax bill, because it is not majority leader is recognized. of the Internet tax bill. going to be completed today.

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

S14227

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A07NO6.000 S07PT1 S14228 CONGRESSIONAL RECORD — SENATE November 7, 2003 Mr. FRIST. Again, people were here which I hope will make comments have a problem here. The problem is very late last night. I encourage the more abbreviated so we can move to there has been a decision made to managers to do everything humanly the substance of the amendment and spend 30 hours next week on a circus possible to finish the Internet tax bill. passage of the bill. talking about judges—168 to 4. If, after aggressive work, we cannot do I thank the leader and I appreciate I am not going to object to this, that, then we can make a decision. By his commitment to try to get this done other than to say let’s be realistic the end of today, I would like to lay today. here. There are games being played, down the Commerce-Justice-State ap- Mr. FRIST. Mr. President, let me and we don’t want to be part of those propriations bill. If that is the case, I close this out and then we can turn to games. We want to cooperate. Military would plan on going to that on Mon- the bill. I ask all of our colleagues to Construction should pass now, rather day. We can talk about the appropriate spend the appropriate time and do our than getting into next week when time. For us to finish our work, we best to cooperate to finish this impor- there is some effort to stop it. That can have to keep moving, and it is important bill, which I tried very hard to fin- be passed by a unanimous consent tant to lay down that bill today. ish last week with the understanding agreement right now. Mr. REID. Mr. President, I say to the that we would bring it up this week The PRESIDENT pro tempore. Is majority leader we want to cooperate. and we would finish it this week. We there objection? We have tried to do that on these ap- cannot point fingers on either side of Mr. DORGAN. Will the Senator from propriations bills, and we will cooper- the aisle because there are challenges Nevada yield? ate on Commerce-State-Justice. But on both sides of the aisle. I ask this in Mr. REID. I don’t have the floor. until there is some determination order for us to finish the Nation’s busi- The PRESIDENT pro tempore. Is made when we are going to go off the ness. there objection to the request? Internet tax, I am going to object. Last night on the floor—I know we Mr. DORGAN. Reserving the right to The PRESIDENT pro tempore. Objec- have the Syria accountability bill and object. tion is heard. Military Construction, which we are The PRESIDENT pro tempore. The Mr. MCCAIN. Will the majority lead- going to get. The problem is that we Senator from North Dakota reserves er yield? have to finish the business we have on the right to object. Mr. FRIST. I am happy to yield. the floor. We have to continue the ap- Mr. DORGAN. I object. Mr. MCCAIN. Mr. President, I point propriations process as we go forward, The PRESIDENT pro tempore. Objec- out that we went on to the Internet tax and we cannot do it unless people come tion is heard. moratorium bill last night with the an- together and understand there is an ur- f ticipation of amendments being pro- gency that requires cooperation. posed and votes starting this morn- I go back to my original comments. I RESERVATION OF LEADER TIME ing—stacked votes. That is what we understand there is objection to going The PRESIDENT pro tempore. Under usually do on a Thursday evening. to Commerce-Justice-State. I will con- the previous order, the leadership time Whether that is a good idea or a bad tinue to discuss that as the day goes is reserved. one, it is a very common practice. We forward. I would like to lay that down had anticipated at least three amend- today at some point. f ments and then stacked votes this f MAKING FURTHER CONTINUING morning and moving forward with the UNANIMOUS CONSENT REQUEST— APPROPRIATIONS FOR FISCAL bill. YEAR 2004 Then, I was told later in the evening H.J. RES. 76 there would be one amendment that Mr. FRIST. Mr. President, I ask Mr. REID. Mr. President, I ask unan- would be proposed and we would stack unanimous consent that H.J. Res. 76, imous consent that H.J. Res. 76, which it for this morning; and not too late which is at the desk, be read a third is at the desk, be read a third time and last night, the sponsors of the amend- time and passed, and the motion to re- passed and the motion to reconsider be ment said they were going to file the consider be laid upon the table. laid upon the table. amendment and debate it this morning. The PRESIDENT pro tempore. Is The PRESIDENT pro tempore. With- With all due respect, that is not the there objection? out objection, it is so ordered. way we usually do business here. We Mr. REID. Reserving the right to ob- The joint resolution (H.J. Res. 76) tell people what we are going to do and ject. was read the third time and passed. go with their word and move forward. I The PRESIDENT pro tempore. The f think we need to get this done because Senator from Nevada. INTERNET TAX NON- the Internet tax moratorium has ex- Mr. REID. Mr. President, in response DISCRIMINATION ACT pired. If we don’t want the Internet tax to the distinguished chairman of the moratorium to prevail, that is a deci- Commerce Committee, people worked The PRESIDENT pro tempore. Under sion to be made by the body. We should here late last night. No one should the previous order, the Senate will re- make the decision. I hope the majority criticize anyone for not being here sume consideration of S. 150, which the leader will stick with his comments. later. I left around 10 o’clock. There clerk will report. There are not that many items of dismay have been a quorum call, but very The legislative clerk read as follows: pute on the Internet tax moratorium. few. There were good, strong, sub- A bill (S. 150) to make permanent the mor- It has been debated on several occa- stantive speeches given on this issue. atorium on taxes on Internet access and sions in past years. So I hope relevant No one can be criticized, especially my multiple and discriminatory taxes on elec- amendments—and I don’t think there friend from North Dakota, for not tronic commerce imposed by the Internet Tax Freedom Act. are more than two or three, to be hon- being here last night. He was here all est—are offered and we can move for- during the day yesterday and offered a Pending: ward with those with a reasonable de- number of amendments to the Agri- McCain Amendment No. 2136, in the nature bate time and dispose of this today, un- culture appropriations bill. My friend of a substitute. derstanding that all Members have the from North Dakota might be criticized The PRESIDENT pro tempore. The problem of scheduling and want to for some things, but one of them is cer- Senator from Nevada. leave. tainly not that he doesn’t work hard. Mr. REID. Mr. President, I hope we So I urge the cooperation of all Mem- He works as hard as anyone in the Sen- can get things done here. There is so bers so we can dispose of important ate. much to be done. I said last night, and amendments and move forward. I see I also say to the distinguished major- I spoke from the heart, people in Ne- my colleague from North Dakota who ity leader, I did last night spend a few vada at our military bases, Fallon and is ready to speak. I wish he had been minutes indicating and asking why we Ellis, need this Military Construction here last night to speak. We could have are not doing the Syria accountability bill passed. I don’t know why we are done an amendment and debated it. In- bill and Military Construction. It is ob- not going to do it today. If it is stead, we put it off for this morning, vious—and we should stop feigning—we brought up next Monday or Tuesday,

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.001 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14229 nothing is going to happen on it, so what we ought to do. Isn’t that the mistaken, there are others who believe let’s get that done. case, I ask my friend from Nevada? it should be extended for 2 years. The Syria Accountability bill—I un- Mr. REID. I will be happy to respond I believe that should happen. I hope derstand what is going on here. There to my friend’s question. As I indicated we will extend this for a couple years is an effort made so there will be a vote earlier, to my knowledge, no one works and then during that period of time Monday night on Syria Accountability harder in the Senate than the Senator make a determination as to whether because there is a time limit on it. If from North Dakota. He is an appropri- the legislation that is now before the that is the case, fine. Remember, this ator and authorizer, understanding Senate should be implemented. I un- is an important piece of legislation from his long years in Congress, both derstand that. that requires our immediate attention. in the House and the Senate, that the Also, one of the real problems we I don’t think we should be doing things last few weeks and days of a legislative have is this schedule, which makes it that take away for 1 minute our going session can become very intense. That very difficult to deal with this legisla- into Syria’s accountability, supporting is why I am at a total, absolute loss to tion. My friend from Arizona suggested the Hezbollah, and all the other activi- understand how we could do this. We we deal with relevant amendments. ties they do that simply are not appro- have been told; we heard it on the This is not going to happen in this priate. news—I went home last night and my present atmosphere. There will cer- We are in a situation where we have wife said it was on the news at 6 tainly be efforts made to offer not only bills that need to be passed and con- o’clock Wednesday night until 12 relevant amendments, but, I would as- ference reports that need to be ap- o’clock Thursday night, we are going sume, maybe some nongermane amend- proved. It is not going to happen for to be on the Senate floor listening to a ments. I don’t know that to be the reasons I don’t understand. discussion of what bad legislators we case, but I assume so because we have Mr. DORGAN. Will the Senator yield are because we haven’t approved 100 so few opportunities to amend different for a question? percent of the judges the President has pieces of legislation as they come Mr. REID. I will be happy to yield. requested—168 to 4—and we have been through. Mr. DORGAN. Mr. President, my col- told they are going to bring up another On appropriations bills, we have been league from Arizona, I know, did not failed nominee, Priscilla Owen, next cooperating the best we can. As I indi- intend to think that if I were here last week. cated last night, we have done every- night, I would have advanced the cause I understand they are also going to thing we can to make sure we did not of his legislation. I have no amendment bring up a woman by the name of Kuhl have amendments that were offered to to offer to the legislation. I had an op- from California and a woman by the appropriations bills that would slow portunity yesterday to speak on sev- name of Brown from California. I don’t down the process. We have worked very eral amendments. I think he probably know if this is an effort to try to some- hard in doing that. inartfully described his angst about how embarrass the two Democratic— I am not going to talk for a long time last evening. I didn’t cause this legisla- Mr. MCCAIN. Parliamentary inquiry, this morning. tion to be delayed. I am sure he knows Mr. President. I have no intention of interfering this that. Mr. REID.—Senators from California morning with people’s schedules. I Aside from that, I wonder if the Sen- or what the reason might be. know there are a lot of schedules that ator from Nevada will tell me about The PRESIDENT pro tempore. Does we have to move along. I want to do the urgency of legislation on the floor. the Senator yield for a parliamentary that. People have airplane schedules to The majority leader expresses an inter- inquiry? meet on Friday. We were told yester- est in moving this Senate along on leg- Mr. REID. For a parliamentary in- day that there would not be anything islation we need to get done. I am pret- quiry? I will be happy to do that, with- after 12 today. At least people on our ty unimpressed with the plea to do out losing my right to the floor. Yes. side made arrangements that that that when we understand that next The PRESIDENT pro tempore. The would, in fact, be the case. If there is week we are going to find nearly 2 days Senator from Arizona. some change, we need to know about taken in a carnival situation with Mr. MCCAIN. Mr. President, I have a that. judgeships, when we have approved 98 parliamentary inquiry: Wouldn’t rule I am happy that we got the CR percent of the judges who have been XVIIII 1(b) begin to apply concerning passed. I look forward at a later time sent to us by the White House. proceedings while legislation is before today to cooperate and agree to bring- Now, in the middle of next week, as the Senate? ing forth Commerce-State-Justice. We we try to finish this session, we are The PRESIDENT pro tempore. That want to do that at the appropriate told we are going to have 30 hours, or is correct. Under the procedures of the time. Until there is some decision take the better part of 2 days, to sit Senate, there would be a warning made on how long we are going to be here around the clock to talk about the issued to Senators speaking on matters involved on the Internet tax situation, several judges we have not confirmed. I other than the business before the Sen- we are not going to be able to give that ask the Senator from Nevada if that ate in the first 3 hours. consent. seems to him like we have an urgent Mr. REID. Mr. President, I appreciate Finally, responding to my friend situation when somebody is going to that very much. I appreciate my friend from North Dakota in a very brief way, take 30 hours out of the middle of next from Arizona bringing that to my at- what is taking place here is something week and move off to have a 30-hour tention. What I am going to talk about that I have never seen in the many discussion on judgeships. for a while is the Internet tax problem. years—more than two decades—I have I am pretty unimpressed with the Internet tax is a difficult situation, of served in the Congress, that we would plea for cooperation and expedited pro- course. It is something with which we have in the late days of a legislative cedures on these issues as long as need to deal. We understand there is session this carnival, as the Senator somebody is going to take nearly 2 some confusion as to what we are real- from North Dakota referred to it—this days out of the middle of next week to ly dealing with. Some believe it has circus, as I referred to it—and that is do something that has nothing to do something to do with sales tax. This what the American people will think of with moving appropriations bills. legislation does not. It deals with ac- it. As I ask the question, I wish to make cess. The PRESIDENT pro tempore. The an additional comment. I am an appro- It is a very important issue, but it Senator from Arizona. priator as well. I am not very im- seems to me this matter could be re- Mr. MCCAIN. Mr. President, I believe pressed with what has happened. We solved in a matter of minutes. I am the Senators from Tennessee and Dela- were supposed to have done the appro- told the Presiding Officer’s amend- ware have an amendment filed. We are priations bills and finished by October ment, in effect, would extend the ready to consider that amendment or 1. We have been off and on appropria- present law for a couple years. It is my other amendments, if Senators have tions bills. Look, if this is a priority, understanding the distinguished Sen- amendments that they would bring let’s get on appropriations bills and ator from Alaska has suggested this be them to the floor so we can move for- stay on appropriations bills. That is extended for 2 years and, if I am not ward with legislation.

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.005 S07PT1 S14230 CONGRESSIONAL RECORD — SENATE November 7, 2003 I mention to my friend from North take. Over the horizon, some of these get away from the competitive neu- Dakota, who is an articulate and pas- corporate America giants are trality that the distinguished Senator sionate defender of his point of view on piggybacked. They said, oh, now look from South Carolina has been advo- the Internet tax issue, the reason why at what we have. If we can get in on cating. I mentioned his absence last night was this kind of extension, we will do away I want to be very specific about how I meant he would have contributed a with some $4 billion to $8 billion in that is being done, because I think a good deal to the debate and discussion taxes. Of course, they are not passing lot of Members believe that if they given his many years of involvement in it on to the consumer. It has nothing vote for the proposal by the Senator this issue, which I have always en- whatsoever to do with the expansion or from Tennessee that it is somehow a joyed, not only on that issue but on nu- the progress and success of the Inter- safe vote, that all they are doing is merous others. net. That is what we have confronting continuing the status quo and it is So I would ask if our colleagues us. really kind of an innocuous approach. would file their amendments, bring In that light, the Senator from Dela- It is not a safe vote. It is a vote to in- them forward, as well as amendments ware, Mr. CARPER, and the Senator crease taxes. that may be applicable. from Tennessee, Mr. ALEXANDER, have I want to be very specific in explain- I yield the floor. gotten together an amendment that ing how that is the case. What has hap- Several Senators addressed the the distinguished Chair has joined in, pened as a result of changes in tech- Chair. and this Senator from South Carolina nology over the last few years is you The PRESIDENT pro tempore. The has joined in, so that we can pass this now have, in a number of jurisdictions, Senator from South Carolina is recog- bill and extend it. That is what we all DSL—Internet access through DSL nized. want to do. We like the present law and being taxed but Internet access Mr. HOLLINGS. Mr. President, let that is what we in the Commerce Com- through cable modems not being taxed. me weigh in here by acknowledging the mittee thought we were doing, we were That is what has happened as a result mistake we made in the Commerce protecting consumers by extending the of the changes in technology and the Committee. In light of that statement, present law to make it permanent. We various changes in government policy. let me first commend our colleague could then send that over to the House So you already have been moving away from Oregon, Senator WYDEN. His inside, and if we can send that to the from the competitive neutrality we tent is good. We followed it. We sup- House, we can dispose of this knotty have sought with respect to this issue. Let me repeat that. Today, Internet ported it in the Commerce Committee. problem and move on to more impor- access through DSL is being taxed in a We made certain that the Internet was tant legislation. number of jurisdictions and Internet allowed to expand and progress without I thank the distinguished Senator access through cable modem can’t be any tax burden. In that light, we from North Dakota for handling this passed the temporary moratorium. The taxed anywhere. bill. Once again, I wish to acknowledge Unfortunately, what would happen intent of the Commerce Committee, the leadership of Senator WYDEN from when we reported this measure that is under the proposal of the Senator from Oregon. He has led us on this Internet Tennessee is that you would make it now before us, was to make permanent effort for a long period of time. He has that moratorium with respect to indi- easier to continue that competitive made absolutely certain that the Inter- disadvantage and, particularly under vidual taxes. net continues to progress and succeed. What occurred in reporting was that the proposal of the Senator from Ten- We cannot come in now and tell the nessee, it would be easier to tax wire- we realized there was a certain lan- States how to tax and what to tax and guage difficulty there. The fact is that less Blackberry services. not to tax. I am of the view that with 391 sepa- the CBO today cannot schedule or ac- We are not trying to give a tax cut to rate taxes on telecommunications ad- count for that language on the budg- corporate America. We want to make ministered in 10,000 different jurisdic- etary impact. We knew that shortly sure there is not a tax increase to con- tions, people across America who have after the reporting. It was all reported sumers on the Internet. That is what these Blackberrys, which have wireless out on a verbal vote. We said this is the present law did until it expired a Internet access, would be subject to going to the Finance Committee. They few days ago, and that is what ought to scores of new taxes. have tax experts and they will clean up be extended and made permanent. So I say to colleagues who are look- our act for us and get the intent of the I thank the Senator from North Da- ing at this issue and thinking that full committee and the Congress to kota for handling this measure and somehow the idea of a 2-year proposal continue and make permanent this again commend my colleague on the is kind of an innocuous safe haven and moratorium. committee, Senator WYDEN, for his really not a tax increase—I ask them The fact is, under the present lan- leadership. to think about what it is going to guage, the moratorium extends not The PRESIDING OFFICER. The Sen- mean for Blackberry users across the just to the individual consumer, but it ator from Oregon. country. goes the entire way down the pipeline Mr. WYDEN. Mr. President, I am These are wireless devices. In a num- as a tax exemption, thereby invading going to be brief. I have appreciated ber of jurisdictions where Internet ac- the power of the States to tax or not the distinguished Senator from South cess is obtained through DSL, those tax; thereby becoming, as the Senator Carolina working with me on this over services are already being taxed. That from Tennessee, Mr. ALEXANDER, says, the years. would be expanded under the 2-year alan unfunded mandate. So now we have The distinguished Senator from ternative. before us not the intent of the Congress South Carolina is absolutely right. The What I would like us to do is what I at all. committee bill did the job right. The believe we sought to do 5 years ago I recently was in China, and I can tell committee bill kept in place the tech- when Senator HOLLINGS, Senator you we do not have to worry about try- nological neutrality that we have es- MCCAIN, and others got together, and ing to control the Internet. It is not tablished over the years—the Senator that is to ensure strict neutrality with with taxes that the Chinese are trying from South Carolina, Senator STEVENS, respect to technology. The Internet to control the Internet and its usage, who has now left the floor, Chairman wouldn’t get a preference; the Internet expansion, and its progress. On the MCCAIN, and others. The reason we did wouldn’t be hurt. The problem now contrary, they are trying by law to that years ago is that we did not have that wireless users are facing with re- control it, and they cannot. That cat is technological neutrality. The Internet spect to DSL will be compounded if out of the bag and it is going to grow. was subject to taxes that were not sub- this 2-year alternative goes forward. I The fundamental problem is just ject to other areas, such as the snail hope my colleagues will reject it for what the Senator from Tennessee has mail delivery of papers. the reasons I outlined this morning. spotted. We have now invaded States What has happened, however, is The PRESIDENT pro tempore. The and the locals and their taxing power, under the substitute that is being of- Senator from Arizona. and that is not right. Right is right and fered by the distinguished Senator Mr. MCCAIN. Mr. President, shortly wrong is wrong, and we made a mis- from Tennessee, Mr. ALEXANDER, we the sponsors will be proposing an

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.007 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14231 amendment. In the meantime, I ask to of judges. Judges enforce these laws. talking about why it shouldn’t be 98 speak as in morning business for 4 min- We have been involved in passing out of percent, it should be 100 percent. I utes. this Senate 168 judges. We have turned don’t know what the proper ratio is the The PRESIDING OFFICER (Mr. down four. If the Internet tax measure President wants. CHAFEE). Without objection, it is so or- is worth talking about, why don’t we I am just giving everyone a little dered. just move a little bit to the 30 hours idea that we don’t have to wait until (The remarks of Mr. MCCAIN are which is going to begin next Wednes- Wednesday at 6 o’clock to talk about printed in today’s RECORD under day and start talking about judges judges. We will talk about them now. I ‘‘Morning Business.’’) today? That is fine. I don’t see any rea- am proud of what we have done here in The PRESIDING OFFICER. The Sen- son why we should not do that. the Senate dealing with judges. ator Nevada. We can talk about the record that I am glad Miguel Estrada was not Mr. REID. Let me say about this bill, was set and that we have the lowest va- confirmed. He wouldn’t answer the no matter the merit of it, I know peo- cancy rate in the judiciary in some 15 questions. He wouldn’t allow us to look ple feel very strongly about it. The years. Is it necessary because we have at his memoranda when he was at the Senator from Tennessee, who was here the lowest rate in some 15 years to Solicitor’s Office. in the Chamber a few minutes ago, the spend 30 hours—2 days of the Senate’s I am glad we did not approve Pris- Senator from Ohio, Mr. VOINOVICH, the time—talking about judges in the cir- cilla Owen who the President’s own at- Senator from Virginia, Mr. ALLEN, the cus atmosphere that will be there? It is torney, Mr. Gonzales, said was not a distinguished Senator from Oregon, all planned. It is going to be quite a good judge when he served with her in Mr. WYDEN—they have strong feelings show. It has all been laid out in the the Texas Supreme Court. about this. Their views do not coincide. press. They are going to have all 51 Re- I am glad that twice we did not ap- I know how strong their feelings are. publicans here, and that way it will be prove William Pryor from Alabama But this legislation, with all due re- very easy to discern whether or not who is an embarrassment to the State spect to the distinguished chairman of there is a quorum present. of Nevada and this country and the Commerce Committee, isn’t going I am gathering my thoughts. shouldn’t be a judge. to go anywhere today or Monday or We will have a lot of time to spend on We have approved 168 judges. That is Tuesday. I think there should be some Internet tax. how many we have approved. effort made to resolve the issue. I am a Mr. MCCAIN. Mr. President, the Sen- Mr. DORGAN. Mr. President, will the member of the Commerce Committee. I ate is not in order. Senator from Nevada yield for a ques- don’t understand all the issues, but I The PRESIDING OFFICER. The Sen- tion? understand the issues on this floor and ate will come to order. Mr. REID. I would be happy to yield nothing is going to happen. Mr. REID. Thank you very much. I for a question. I would say to the majority that if appreciate very much bringing the Sen- Mr. DORGAN. I wonder if perhaps they are looking for votes today, they ate to order. next week when the other side wishes would be better off looking for votes to Mr. MCCAIN. I am sorry to say the to take 30 hours in the middle of the pass the most important piece of legis- Senate is still not in order. week to talk about the handful of lation that I see that we could vote on The PRESIDING OFFICER. The Sen- judges—I believe the four who have not quickly, and that would be the vote on ate will be in order. been confirmed by the Senate—I won- the conference report dealing with Mr. REID. Mr. President, the point is der if perhaps we should not take the Military Construction. We could vote if there needs to be a discussion on time next week to talk individually on that. We could have a vote with de- judges, we don’t have to wait until about the 168 we have confirmed. Per- bate equally divided with 5 minutes Wednesday at 6 o’clock. We can start haps we ought to go through each one each. We could pass it. We could go to talking right now on this legislation and talk about all 168. the Syria Accountability Act. We because judges have to enforce the law. If time is not the issue—if the major- agreed last night to reduce our time. It is a law we are talking about. They ity leader says time is urgent to talk There are 90 minutes. We have agreed have to do it on a trial level and they about all of these other bills but in the to take one hour half each and divide it have to do it on an appellate level. middle of next week they will use 30 up, as we indicated last night, several We have given this President 98 per- hours to come to the floor and talk different ways. It seems to me we could cent of the judges he wants—98 percent about the 4 who have not been con- do that, and we could be out of here by of the judges he wants. People talk firmed—perhaps we ought to take 60 12 o’clock after 2 very important votes. about the Constitution. We can talk hours to talk about the 168 we have Let me tell you what the problem is. about the Constitution also. The ma- confirmed. There is an effort made so we have jority makes these statements that a Let us move on the things that mat- something to do on Monday and Tues- filibuster is a brand new thing; it has ter now and scuttle the 30 hours next day. I say to everyone that as a result never happened with judges; isn’t it a week and this 30-hour discussion of the of the carnival which is going to be terrible thing this is happening in the handful of judges who have not been started at 6 o’clock on Wednesday, Senate. Of course, it is without founda- approved. That doesn’t make any sense nothing is going to happen Monday and tion. There is no truth to it. Filibus- to me. Tuesday of any significance. There ters have taken place on previous occa- Mr. MCCAIN. Will my friend from Ne- may be a vote on the Syria Account- sions, and it will take place again long vada yield for another parliamentary ability Act because it would be an easy after we are gone. inquiry? vote to get up. They may bring up Mili- To think we have to wait until Mr. REID. In just a minute. tary Construction, and they may say, Wednesday to talk about judges—we The Internet bill which we are talk- Isn’t it too bad that the minority, the don’t have to wait until Wednesday. We ing about here on the Senate floor is an Democrats, aren’t allowing us to pass can talk now. This is a complicated important piece of legislation. I was Military Construction. But remember: piece of legislation. Don’t you think we present last night and listened to the I have offered numerous times over are going to need judges to interpret statements of the Senator from Or- several days to take this up by unani- the law? Of course we are. The record egon. The Senator from Oregon under- mous consent. So all the pleas of sor- we have is pretty good. Do you think stands legislation. He understands the row and concern next week about our the advise-and-consent clause of the importance of this Internet tax bill. He not taking care of our military officers Constitution meant every judge the understands the definition of access. around the country certainly will President suggested to us we just ap- He understands what unfunded man- speak volumes because it simply is prove them? Would the President be dates mean, which was talked about by without any foundation because we can happy if we had 100 percent of his the Senator from Tennessee at such do that right here. judges? How about 99 percent or 99.5 great length. I think it is important we We are on the Internet tax bill. One percent? Ninety-eight percent isn’t understand this Internet tax bill. It of the things we need to talk about on good enough. It is not good enough, so deals with some very important issues. this Internet tax bill is the importance now we are going to spend 30 hours It is a bill that seeks to protect the

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.010 S07PT1 S14232 CONGRESSIONAL RECORD — SENATE November 7, 2003 Internet access from taxation. As the league, Senator HOLLINGS, was abso- could find a definition that would be lines between the Internet and the lutely correct. We passed it out, I be- acceptable. That has not yet proven to media continue to blur, there is some lieve, 31 to 0. But we did it by saying be the case. Some are now discussing, concern the law could lead to States we understand the definition of what is and I was in some discussions a few losing some of their existing tax base going to be exempted is not yet right. moments ago, about a shorter term ex- over time. For example, some long dis- There is great controversy about it. So tension, perhaps 4 years, and use the tance telephone traffic is now carried we will move this bill to the Senate but definition that exists in current law in on the Internet. Movies, videos, and will work on solving the problem of the the moratorium that expired November music programming can be downloaded definition and what it means and its 1 and try to fix the position with re- onto the Internet as well as being consequences before we get to the Sen- spect to DSL, which is a problem. I viewed over cable and broadcast media. ate. We tried very hard to do that but don’t know how this will come out, but I say to everyone within the sound of regrettably that has not been done. I we have a responsibility to try to get my voice someone needs to interpret want people to understand the frame- this right. We would not want to do this law. If we pass something here, we work in which this comes to the floor. something permanently that has a will need someone to interpret this Yes, the Commerce Committee passed problem attached to it, that will be a law. it 31 to 0, but with the caveat that the growing problem for State and local I know this is Friday morning and definition of what is exempt is not yet governments. there is a lot to do. But I simply want- solved or at least not yet agreed. So be- Let me describe something that was ed everyone to know this sham, this tween then and now we have tried hard in the newspaper recently because it scam, this circus, this carnival that is to see if we could fix that. At this tells the dilemma we face if we get this going to begin on Wednesday at 6 point, it is not yet fixed. wrong. We have been moving in infor- o’clock is just as I have described it. Mr. BURNS. If the Senator will yield mation technology from the old circuit What we are going to do, as the Sen- on that point, 9 times out of 10, when- switch telephone network to an Inter- ator from North Dakota indicated, if ever we get in trouble in this body it is net-based network. Whether we com- you want to talk about 4 judges, or in dealing with definitions up front. municate by voice, e-mail, wireless, in- maybe add 2 more or 6, is we will talk That is our problem now. stant message, the data is being trans- about 168. We are happy to do that. I know they are trying to work out mitted over the Internet in digital I know I could talk a lot longer. I un- some way over there to define certain packets. derstand the Pastore rule. I have a lot parts of this, but there has to be some- If anyone wonders what I mean, look of stuff which I could talk about—the thing between the amendment pending at a story in the Minneapolis Star and Internet tax, and weave in the judges, and where we want to go. We are all in Tribune. It is Quest Corporation an- but as kind of a relief to everybody, I agreement that in this industry, when nouncing this past week that it will am going to sit down for the time the moratorium was first put on—to roll out an Internet-based telephone being. allow this industry, this industry that service in Minnesota. It describes that. Mr. MCCAIN. Mr. President, I thank was a baby industry, to build out— That is the Internet-based service the Senator from Nevada, who under- what we did was right. The second time called VoIP, Voice Over Internet Pro- stands parliamentary procedures as we extended it was the right thing to tocol. They say the approach to mov- well as anyone. do. We have seen an explosion in an in- ing this out over the Internet—that is, There are some discussions going on dustry. telephone service over the Internet— about some agreement that might be There are, however, some sections will save on regulatory expenses and reached on this issue with some of my that are discriminatory. There were other costs and break the regulatory colleagues. I hope we can make some loopholes found by the States. So logjam that exists. The article goes on progress on that. we have an inequitable situation due to to say: I yield the floor. definition. The Quest Internet phone service would Mr. DORGAN. Mr. President, I have I hope the parties can work this out also be exempt from salestax if Congress, as not spoken on this issue this morning. to the satisfaction of the intent of the expected, extended and expands a tax ban on This is a very important issue. I have Commerce Committee when we passed Internet access to include Internet telephone been a supporter of the moratorium. I it the first time, when we extended it service. have supported the initial moratorium the second time, and now when we You can see the consequences. If you and the extension of the moratorium want to extend it another time. do not understand exactly what you and will support again a moratorium. Maybe status quo is not exactly are doing and you have a definition As far as I am concerned, it could be right. But nonetheless, it is something that is not articulate and not focused permanent if the proposition is, let us we have to work on. The Senator from exactly on what you intend to accom- not tax the connection to the Internet. North Dakota and the Senator from plish, we can have very significant con- That was the presumption from the South Carolina have a point that we sequences for State and local govern- start. Let us not retard the growth of have not worked on the definition and ments. this industry. Let us not allow States how it will be determined or defined in Let me end where I started by saying to create some special tax that could the taxing entities of the States, or I happen to have supported both of the be discriminatory or punitive with re- even, for that matter, counties and cit- previous moratoriums, and I will sup- spect to the Internet itself. ies. port a moratorium now because I don’t Having said that, it is very impor- I appreciate the Senator from North believe we want tax policy that retards tant we create a definition that is ap- Dakota allowing me this time. the development of the Internet. I propriate. We have a current law. That Mr. DORGAN. Mr. President, I agree don’t believe we want tax policy that current law could just be extended. with that view expressed by Senator in any way injures or interrupts the Some of my colleagues say, if you just BURNS. substantial expansion in technology extend that and do not do anything Let me continue by saying defini- and information technology that we about the circumstance with DSL, then tions are everything. The reason the have seen in a very short period of you have an unfairness. That is some- States are very concerned is if the defi- time. thing I understand and I am certainly nition is not correct—that is, if it is However, even as we do this, let’s willing to deal with that. But if we do not specific in exactly what Congress make sure that we do not injure or pro- not deal with the issue of how you in- proposes—we could see billions and bil- vide significant problems for State and terpret or how you describe what it is lions of dollars lost to the State and local governments because while we you are exempting, you can have seri- local governments in revenue they oth- want to exempt the connection to the ous financial problems. We are talking erwise would have expected. Internet, we did not want to, with an about billions of dollars’ worth of prob- We have a situation where we have a unfunded mandate as my colleague lems for State and local governments. moratorium that expired. The morato- from Tennessee calls it, or some other When we passed this moratorium out rium ought to be extended. I was pre- approach, we begin preempting a ret- of the Commerce Committee, my col- pared to extend it permanently if we inue of State and local taxes that have

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.014 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14233 been legitimately allied to various Internet. We have a globally recognized tection to avoid paying local franchise or kinds of services. It is not unusual to concentration of high-tech and tele- utility fees. pay a tax on certain kinds of telephone communications firms. We provide He goes on to state: services. It is not unusual. That is one much of the infrastructure required to It is our understanding that it was not the of the methods by which State and gain access to the Internet and many intent of the bill’s sponsors to endanger local local governments have developed a of the services that make the Internet franchising authority, but the legislation revenue base. has yet to be changed to correct these unin- so useful. However, we have to make tended consequences. We described a very specific area sure that maintaining tax-free access Mr. President, this is not the first that is off limits. Let’s make sure that to the Internet does not inadvertently time in this debate we have heard description is appropriate, fair, and destroy the budgets of cities and coun- specific relating to how the Congress someone mention unintended con- ties throughout my State and the Na- sequences. The distinguished Senator intends this to work. tion. Many of them have come to rely I know my colleague from California from New Jersey, Mr. LAUTENBERG, on a variety of telecommunications mentioned last night that since this wishes to speak. I yield the floor. services fees and taxes as an important The PRESIDING OFFICER. The Sen- debate has started we have been hear- part of their revenue base. ing it from all of our mayors and State ator from California. Now, I support the permanent exten- Mrs. FEINSTEIN. Mr. President, I officials all across this great land. sion of the Internet Tax Freedom Act, thank the Senator from North Dakota. I wish to quote from one more of the Mr. President, I very much hope we but if I had to vote today on it, I would letters I have received from our may- do not pass the underlying bill today. I have to vote no. I am a cosponsor of ors. This is from Judith Valles, the believe it is premature. In my 10 years Senator WYDEN’s original legislation mayor of the City of San Bernardino, in the Senate, I have never heard from that would make permanent the cur- which was the focus of one of Califor- more California cities, specifically 104 rent moratorium. But if I had to vote nia’s main wildfires. She wrote to me of them, indicating their concerns today on the Allen-Wyden bill, I would to point out, and I quote: about what the underlying bill would vote no because a number of uncertain- Currently, 150 cities in California levy a do to the budgets of their cities. ties have arisen and nobody can answer utility users tax, or what is called a UUT, Here in my hand are some of the let- those uncertainties. which in many cases includes telephone and ters. This issue has energized cities in Additionally, as a letter circulating cable television services. Utility users taxes through the Senate today indicates, we provide a critical contribution to local dis- my State like no other. City mayors cretionary revenue, on average 15 percent of are incensed that we would pass a law have been told that we violate the Un- funded Mandates Act. I was here when general purpose revenues, making the utility without knowing with certainty how it users tax vital in helping fund critical city would impact local revenues. that Act was passed in 1995. I voted for services, particularly public safety. I have received letters from the that Act. Now we hear from the Con- This comes from a mayor who is still League of California Cities, which rep- gressional Budget Office that the un- dealing with the threat that her city resents all of California’s 478 cities, derlying bill would, in fact, create an faced due to the recent California from county administrators, police of- unfunded mandate on States and local wildfires. And why? Because we are ficer associations, firefighter associa- jurisdictions. I think we need to find afraid to step back and give the tele- tions, all of whom are concerned about out how and what can be done to pre- communications industry and cities this bill—and I cannot answer their vent that from happening. more time to work out a solution to questions about it. If this bill’s definition of tele- this issue with which they can both But, they understand the larger communications services is interpreted live? issue. They are telling us the bill con- in an overly broad way, as many of us I appreciate Senator WYDEN’s frus- tains language that threatens their think it may be, it will negatively im- tration that if we let the debate rage ability to collect existing taxes on cer- pact local budgets. It will lead to the on too long, it will never end. I appre- tain telecommunications services. And, possibility of reduced preparedness in ciate that sometimes you have to make again, I cannot answer these questions, our firehouses and our police stations a decision, and that if it is not perfect, and these questions cannot be an- and less money for our schools, and it you fix it along the way. But this is not swered on the floor of the Senate will do so at a time when States and one of those times. today. They are too complex. cities face large budget deficits. If you run the risk of repealing taxes This is precisely why the Carper-Al- Right now, in San Diego, CA, a huge that are already in place, you unavoid- exander amendment is the most appro- debate is going on as to whether the ably affect local budgets, and I am not priate approach: extend the morato- San Diego County firefighting forces willing to do that at this time. I be- rium for another 2 years and do a are adequate; whether they have the lieve people want their tax dollars used study. Bring the cities together with vehicles, whether they have the train- on the local level. They want better po- the professionals, and see exactly what ing, whether they have the ability to lice. They want better fire protection. taxes are impacted by the underlying really respond to fire conflagration. If They want the emergency services for bill. we move ahead precipitously today, adequate protection, particularly at I want to take a moment to com- this bill will make that situation this point when America stands a risk mend Senators ALLEN and WYDEN for worse. from terror. And it makes no sense to their work and also to thank Senators I must tell you, as a former mayor, rush to pass a bill when you have cities MCCAIN and HOLLINGS for guiding the these are my concerns. For San Fran- all across this country saying: Don’t do issue through the Commerce Com- cisco, the city in which I served, the it. It is going to inevitably impact mittee. bill’s current definition of tele- what we now levy. I also know the minority and major- communications services could lead to This will not affect the telecommuni- ity staff on the Commerce and Finance a loss of $30 million annually. San cations companies because the Carper- Committees have been working to pro- Francisco, as their experts compute, Alexander amendment extends the cur- vide the Senate with the information it will lose $30 million of existing taxes if rent law with minor changes. Just ex- needs to weigh the competing views, we pass this bill in its present form. tend the moratorium for 2 years, do the and I thank them. But the competing That translates into 300 police and fire- study, permit the parties to come to- views are still there, and there are no fighters. gether and work this out. answers for the cities. In the city of Pasadena, the mayor, I do not think it is one Member’s Since we originally passed the Inter- Bill Bogaard, says this would cost his goal to undermine the existing tax base net Tax Freedom Act, we knew this city $11.4 million. That is the legisla- of local cities and counties across this day would come, the day when we tion before this body today. Let me great Nation in passing a permanent would need either to extend the tax quote from his letter: moratorium. We have never wanted to moratorium or allow the temporary By using vague language to include do that. We are told today that the un- moratorium to expire. broadband Internet access under the morato- derlying bill does, in fact, do that. So California has a passionate interest rium, we fear that the bill will allow tele- why—why—rush to pass it? My good- in maintaining unfettered access to the phone and cable companies to use that pro- ness.

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.016 S07PT1 S14234 CONGRESSIONAL RECORD — SENATE November 7, 2003 I love my high-tech companies, but torium will continue for 2 years so a With the passage of Proposition 13, the the cities and counties are where the study can be conducted and a reconcili- state was given control over the allocation people are, and they need police and ation of conflicts within this legisla- of local property taxes. In the early 1990s, the state exercised this control diverting bil- fire and emergency services. In a day of tion settled so that we can move ahead lions in dollars of local property taxes to cutbacks, it makes no sense, because knowing we have not inadvertently meet the state obligation to fund schools. In we don’t know what we are doing decimated up to 15 percent of the tax the 2003–04 fiscal year alone, this shift is es- today—and to simply willy-nilly pass a base of local communities. timated to be a loss of $5.4 billion from cit- bill that may well do that makes no I yield the floor. ies, counties and special districts. sense. We then will have to shuffle The PRESIDING OFFICER. The Sen- In addition, cities and counties are faced around and find a way to correct it at ator from Nevada. with a shortfall of Vehicle License Fee reve- some point in the future. In the mean- Mr. REID. Mr. President, I ask unan- nues in the current fiscal year due to the imous consent that the letters which I ‘‘deferral’’ of payment of $825 million in time, budgets are upset all across the backfill owed until 2006. This will have a Nation. That is not good government, have from cities around the State of critical impact on the ability to provide it is not good public policy, and it is California be printed in the RECORD. local services during the current fiscal year. not good legislation. There being no objection, the mate- The utility users tax represents one of the I am here to add my support and the rial was ordered to be printed in the few local revenue discretionary revenue support of 104 cities in California to the RECORD, as follows: sources with rates, exemptions and terms de- Carper-Alexander amendment. I would CITY OF BURBANK, termined at the local level to conform to community interests and needs. be most happy to offer my services in OFFICE OF THE CITY COUNCIL, Burbank, CA, September 12, 2003. Although Burbank fully supports and rec- any way I can to work with the com- ognizes the importance of fostering the de- mittee chair, the ranking member, and Re HR49 (Cox); SB52 (Wyden) and SB 150 (Allen)—Oppose. velopment of the Internet and other new Senators WYDEN and ALLEN, to try to technologies, Congress must also recognize find a solution. It makes no sense to Hon. DIANNE FEINSTEIN, as it considers this legislation that cities in pass something without an adequate Hart Senate Building, California face serious fiscal constraints at Washington, DC. both the state and local level already. study and the reconciliation of the in- DEAR SENATOR FEINSTEIN: I am writing on dustries. We need your help to ensure that this leg- behalf of the City of Burbank to urge your islation is amended to remove this detri- I remember when we were working opposition to provisions included in the mental expansion of the definition of ‘‘Inter- out a solution to the taxation of cel- ‘‘Internet Tax Non-Discrimination Act of net access.’’ We look forward to working lular phone calls. At that time, we told 2003’’ that would modify the definition of closely with you on this urgent matter. the parties that we needed them to de- ‘‘Internet Access’’ to include telecommuni- Sincerely, velop a mutually agreeable solution to cations services ‘‘to the extent such services STACEY MURPHY, the problem of how to tax mobile are used to provide Internet Access’’. This Mayor. expansion of the definition would result in a phone calls and then present it to Con- loss of badly needed revenues for California’s gress. The cellular industry and local CITY OF CONCORD, cities and significantly affect our city’s abil- OFFICE OF THE MAYOR, governments did exactly that. We now ity to provide essential services. This is par- Concord, CA, October 1, 2003. have a cellular phone tax standard in ticularly important during these tough eco- Re S. 150—Internet Tax Non-Discrimination place that most people can live with. It nomic times. Act—Oppose/Amend. Currently 150 cities in California levy a is my understanding that the cities and Hon. DIANNE FEINSTEIN, utility users tax (UUT), which in many States would be comfortable with this Hart Senate Office Building, cases, including our city, includes telephone same approach to Internet access Washington, DC. and cable television services. The UUT pro- DEAR SENATOR FEINSTEIN: The House has taxes. That is the kind of approach I vides a critical contribution to local reve- believe will make this debate much passed and the Senate is poised to pass legis- nues (nearly 15% of general fund revenues); lation (H.R. 49/S. 150) that, according to the more productive. in fact, it is our third largest revenue source The debate on this issue should not MultiState Tax Commission, will result in a (behind sales tax and property tax), making loss of revenue to state and local govern- be centered on who is right and who is the UUT vital in helping fund critical city ments of up to $8.75 billion annually by 2006, wrong. Unfortunately, that is where we services, particularly public safety. The City and could be even greater as right-of-way are today. On one side we have the of Burbank, along with other cities, are al- rents from non-tax franchise and access line telecommunications industry saying ready experiencing flat growth in the UUT fees are also lost. due mostly to the intense competition be- the cities are overreacting to the im- In a report released September 24, the tween phone service providers, particularly MultiState Tax Commission estimated that pact this bill will have on their budg- cellular. Therefore, any additional reduction ets. On the other side, we have the cit- for every $1 billion these bills cost state and to our UUT (or any other revenue source for local governments, our local communities ies saying the telecommunications in- that matter) will have dire fiscal con- will lose: Almost 20,000 police officers; al- dustry is seeking special, nearly un- sequences. most 20,000 firefighters; more than 27,000 hos- precedented, tax treatment. The City of Burbank’s UUT projection for pital workers; almost 25,000 teachers; and Why is it we would not want to give Fiscal Year 2003–04 is $16.5MM which is need- more than 17,000 college instructors. these two stakeholders time to put ed to pay for essential safety and human The legislation began as a simple exten- their heads together and bring Con- services programs. Although it is difficult to sion of the Internet Sales Tax moratorium, segregate the impact of excluding the inter- which was scheduled to expire November 1, gress an agreement they can both live net access portion of our UUT revenues, here with? 2003. H.R. 49/S. 150 has been amended to make are some examples as to what total UUT fig- the tax moratorium permanent and to ex- Let me be clear: I want a permanent ure of $16.5MM can fund for one full year: pand the types of services that cannot be extension but not at the cost of laying Salaries plus benefits for 36 fire fighters; sal- taxed. off firefighters, police officers, and aries plus benefits for 40 police officers; run Services for accessing the Internet that are teachers. our library program (salaries/benefits plus taxable or subject to franchise fees today— Should the Carper-Alexander amend- operating costs); run both the Daycamp/ such as dial-up telephone service, DSL and ment not be adopted, I will offer my Summer Parks/Teen Program and the Orga- cable Internet services—would be exempt own amendment that simply strips out nized Sports program (salaries/benefits plus from taxes and potentially free from fran- operating costs); and run the Senior Nutri- chise obligations. this confused language in the context tion Program, the Human Services Program, Under current law, Internet access, ‘‘does of a permanent moratorium. While not the Transportation Program, the Senior not include telecommunication services’’. a perfect solution to the complex prob- Recreation Program (salaries/benefits plus This bill would expand the definition of lem we face, it is far better than forc- operating costs). Internet access and thereby impose not only ing our cities and States to send out As you contemplate this limitation on a permanent moratorium on Internet access pink slips to public safety personnel. I local governments’ ability to raise local rev- fees but also on traditional telecommuni- am hoping it will not come to that. enue, it is essential to put this restriction in cations taxes. the context with other limitations California I urge you to amend the bill to clarify that Cities and their technical experts have local governments currently face as we try the moratorium does not apply to tradi- my attention. This is true throughout to meet critical local service needs. Remem- tional telecommunication services. the rest of the United States. ber that over the past several decades, cities’ Very truly yours, I hope the Carper-Alexander amend- control of discretionary revenue sources has MARK A. PETERSON, ment will be passed and that the mora- been severely eroded by state actions. Mayor.

VerDate jul 14 2003 05:27 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.019 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14235

CITY OF COVINA, commandeering of local government prop- franchising authority but the legislation has Covina, CA, October 21, 2003. erty to implement a federal regulatory pro- yet to be changed to correct these unin- Hon. DIANNE FEINSTEIN, gram. Please consider these concerns in de- tended consequences. I hope that you will U.S. Senate, Hart Senate Office Building, veloping a program that achieves federal urge your colleagues to amend the legisla- Washington, DC. goals without harming local governments. tion to extend the Internet tax moratorium DEAR SENATOR FEINSTEIN: The City of Co- The City is prepared to work with you to: to ensure local franchising, utility fees, and vina is writing to express our concerns with Clarify that in adopting S. 150 and its right-of-way authority are protected. Thank S. 150, the ‘‘Internet Tax Non-Discrimination House counterpart (H.R. 49), the Congress you for your assistance with this important Act.’’ We fear that the language of S. 150 will does not intend to interfere with or in any matter. deprive municipalities nationwide of billions way limit the imposition or collection of any Sincerely, of dollars in tax and fee revenues in the municipal telecommunications taxes or util- BILL BOGAARD, years ahead and, in the meantime, will re- ity taxes applicable to telecommunications, Mayor. sult in litigation and confusion. It has been nor with any municipal rights-of-way fees our experience that some industry partici- nor gross percentage fees collected in lieu of CITY OF LAKEPORT, pants will use the language of S. 150 to avoid right-of-way fees. Lakeport, CA, October 14, 2003. paying local telecommunications and utility Clarify that S. 150 does not preempt the Hon. DIANNE FEINSTEIN, imposition or collection of excise taxes of taxes, as well as franchise fees and rights-of- U.S. Senate, Hart Senate Office Building, general applicability (including tele- way fees owed on infrastructure deployed in Washington, DC. the public rights-of-way. communications and utility taxes) on serv- As currently worded, S. 150 poses a direct ices that employ telecommunications, cel- DEAR SENATOR FEINSTEIN: The City of threat to two traditional, yet separate and lular or cable television facilities, even if Lakeport seeks your assistance in opposing distinct, municipal powers. These powers those services offer access to the Internet. language added to the Internet Tax Non-Dis- must be preserved. Municipal budgets are al- Without these clarifications, the adverse crimination Act (S. 150) that would expand ready strapped by the recession, reduced fed- financial impact of S. 150 on local govern- the coverage of the moratorium by adding eral and state budgets, and the demands of ments will be immense: the loss of billions of ‘‘telecommunications services’’ to the defini- homeland security. Local governments can dollars in telecommunications fees and taxes tion of Internet access. It would prohibit a not afford to be hamstrung still further to in the years ahead for cities across the na- local tax on any ‘‘telecommunication serv- the point where vital municipal services are tion—fees and taxes that have been consist- ice’’ that is used for Internet access. Nearly curtailed or eliminated altogether. ently upheld in court. If the legislation is all telephone services, including local dial The first traditional municipal power that passed with the currently proposed language, up, wireless, satellite, and broadband (DSL S. 150 threatens is the ability of local gov- Covina can calculate the loss to its already- and cable modem), provide Internet access. ernments to impose telecommunications strained municipal budget, with direct ef- This language would have a major adverse taxes or to apply local utility taxes to the fects on the General Fund. Municipalities in impact on our City and the financing of its provision of telecommunications services. California and elsewhere have long imposed essential services, such as police, fire, Municipalities in many states are authorized gross receipt-based fees on telecommuni- streets, and parks. to impose such taxes, and many municipali- cations, cable television and other providers’ Soon, major telephone and Internet service ties currently rely on such taxes as a critical use of local rights-of-way for private profit, providers will offer ‘‘packages’’ that bundle part of their budget. Now, by expanding the and many municipalities across the nation together Internet access and unlimited tele- scope of the Internet tax moratorium to in- have imposed gross receipts-based taxes on phone services. Unfortunately, under the clude telecommunications services to the ex- the provision of telecommunications service proposed language, such bundled services tent they are used to access the Internet, S. or utility services, including telecommuni- will likely be considered ‘‘tax-free’’, which 150 could immunize the bulk of all future cations and cable television services. Federal we find regressive and unfair. Even if the av- telecommunications services from local tele- preemption of these rights, whether intended erage consumer would continue to be subject communications and utility taxes. That or not, will result in immediate financial to the local tax (UUT) on traditional tele- would not only starve local budgets; it also loss to Covina, and the size of that loss will communication services, those persons who would be highly regressive and unfair: Poor- only grow in the future as more communica- could afford computers and high-speed Inter- er residents who lack a computer or can af- tions shift to broadband, Internet-based net access (i.e., DSL and cable modem) ford only plain/traditional telephone service technologies. We are confident this is not the would slip through this loophole and perma- would continue to be subject to local taxes, legacy you intend or desire. We are offering nently escape taxation on similar services. while businesses and wealthier residents to work with you in any way we can to avoid No matter how much we wish to support the with computers, who can substitute e-mail such an unfortunate result. continued growth of the Internet, discrimi- and future technologies like voice-over- Sincerely, natory taxation, or favoring the ‘‘haves’’ Internet-protocol for dial tone service, would WALTER ALLEN III, over the ‘‘have-nots,’’ is not the answer. be immune from local taxes. Mayor. Finally, we want to assure you that we are The second traditional municipal power in no way asking for your opposition to this that S. 150 threatens is the ability of local CITY OF PASADENA, language as a way of helping us achieve new governments to impose franchise fees as OFFICE OF THE MAYOR, tax revenues. We are only asking for help ‘‘rent’’ for use of public rights-of-way on Pasadena, CA, September 26, 2003. with protecting our city’s badly needed ex- companies, such as telecommunications and Hon. DIANNE FEINSTEIN, isting tax revenues on telecommuncation cable service providers that use public prop- U.S. Senate, services. erty for private profit. Over one hundred Washington, DC. Thank you for your attention to this ur- years of court-supported municipal rights DEAR SENATOR FEINSTEIN: The City of gent matter. If you have any questions or are at stake here. In 1893, the Supreme Court Pasadena has some concerns with legislation need additional information, please feel free clarified that right-of-way fees are not taxes that has been approved by the House and is to call the League of California Cities Execu- but payments in the form of rent. City of St. pending in the Senate (HR 49, S 150) that tive Director, Chris McKenzie, or your staff Louis v. Western Union Tel. Co., 148 US 92, would extend on a permanent basis the cur- can contact the League’s Washington rep- 99, 13 S.CT. 485, 488 (1893). Ironically, the Su- rent moratorium on state and local taxation resentative, Eve M. O’Toole. preme Court was then considering whether of Internet access fees. Sincerely, the federal government could require local While the City has not actively opposed R.E. LAMKIN, governments to allow telegraph companies the extension of the 1998 Internet Tax Free- Mayor. access to the public right-of-way without dom Act moratorium (even though it does compensation. More recently, the 5th Circuit represent a federal intrusion into an issue CITY OF MONTEREY, in City of Dallas v. FCC, 118 F. 3d 393 (5th traditionally handled on the local level), we Monterey, CA, September 15, 2003. Cir. 1997) cited the holding of St. Louis when do believe there is room for interpretation Subject: Opposition to Internet Tax Non-Dis- it found that a franchise fee is not a tax, but regarding the manner in which the legisla- crimination Act of 2003. an expense of doing business that is essen- tion treats broadband Internet access. By tially a form of rent. Covina receives a five using vague language to include broadband Hon. DIANNE FEINSTEIN, (5) percent franchise fee on incumbent local Internet access under the moratorium, we U.S. Senator, Hart Building, telecommunication cable service providers fear that the bill will allow telephone and Washington, DC. as compensation for use of local rights-of- cable television companies to use that pro- DEAR SENATOR FEINSTEIN: On behalf of the way. tection to avoid paying local franchise or City of Monterey, I am writing to urge your Federal legislation requiring local govern- utility fees. These fees are fair and equitable opposition to provisions included in the ments to allow private use of public property payments for a company’s use of the public ‘‘Internet Tax Non-Discrimination Act of such as the right-of-way, free from local fees right-of-way, and to lose that revenue would 2003’’ that would modify the definition of and charges, could be viewed as constitu- be damaging to our local budgets that are al- ‘‘Internet Access’’ to include telecommuni- tionally suspect. Such legislation might con- ready strained. cations services ‘‘to the extent such services stitute a federal taking of local government It is our understanding that it was not the are used to provide Internet Access’’. This property without compensation, or federal intent of the bill sponsors to endanger local expansion of the definition would result in a

VerDate jul 14 2003 05:29 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.004 S07PT1 S14236 CONGRESSIONAL RECORD — SENATE November 7, 2003 loss of badly needed revenues for California’s cable television services. Utility users’ taxes fund critical city services, particularly pub- cities and significantly affect out City’s abil- contribute significantly to the health of lic safety. Include how much revenue your ity to provide essential services. these cities’ discretionary budgets. On aver- City estimates is collected from your UUT? Utility users taxes provide a critical con- age, the UUT comprises fifteen percent (15%) And what services in your City do these tax tribution to local discretionary revenues of general-purpose revenues in cities where revenues support? Please be as specific as making the UUT vital in helping fund crit- it is collected. In Moreno Valley, the $9.4 possible and translate into terms of poten- ical city services, particularly public safety. million UUT comprises twenty one percent tial cuts to specific programs or personnel. For the City of Monterey this amounts to (21%) of the city’s general fund revenue for The significance of the UUT has only in- $2.4 million annually or about 6% of the Gen- fiscal year 2003/2004. Our largest general fund creased as our City’s other discretionary rev- eral Fund budget. This revenue source di- expense, by far, is public safety; sixty one enues have come under siege. rectly supports police, fire, parks, streets percent (61%) of the city’s general fund will As you contemplate this limitation on and library services. The significance of the be spent this year for police and fire services. local governments’ ability to raise discre- UUT has only increased as our City’s other Exemption of telecommunications services tionary revenue, it is essential to put this re- discretionary revenues have come under from taxation based solely on their relation striction in the context with other limita- siege. to consumer Internet use will greatly hinder tions California local governments currently As you contemplate this limitation on our efforts to finance these fundamental face as we try to meet critical local service local governments’ ability to raise discre- services. needs. Remember that over the past several tionary revenue, it is essential to put this re- Please consider this particular limitation decades, cities’ control of discretionary rev- striction in the context with other limita- on local governments’ ability to raise discre- enue sources has been severely eroded by tions California local governments currently tionary revenues in context with state legis- state actions. face as we try to meet critical local service lative actions, which have historically erod- With the passage of Proposition 13, the needs. Remember that over the past several ed local control of general-purpose funds. state was given control over the allocation decades, cities’ control of discretionary rev- With the passage of Proposition 13, the state of local property taxes. In the early 1990s, enue sources has been severely eroded by assumed control over the allocation of local the state exercised this control diverting bil- state actions. property taxes. The state abused this author- lions in dollars of local property taxes to With the passage of Proposition 13, the ity in the early 1990’s by ‘‘temporarily’’ meet the state obligation to fund schools. In state was given control over the allocation shifting property tax dollars earmarked for the 2003–04 fiscal year alone, this shift is es- of local property taxes. In the early 1990’s, local government, to meet the state’s obliga- timated to be a loss of $5.4 billion from cit- the state exercised this control diverting bil- tion to fund schools. A decade later, this ies, counties and special districts. lions in dollars of local property taxes to shift results in a loss of $5.4 billion from cit- In addition, cities and counties are faced meet the state obligation to fund schools. In ies for fiscal year 2003/2004 alone. with a shortfall of Vehicle License Fee reve- the 2003–04 fiscal year alone, this shift is es- In the state budget for the current year, nues in the current fiscal year due to the timated to be a loss of $5.4 billion from cit- first-quarter revenue payments from the Ve- ‘‘deferral’’ of payment of $825 million in ies, counties and special districts. hicle License Fee, another constitutionally- backfill owed until 2006. This will have a In addition, cities and counties are faced protected revenue source for cities, have critical impact on the ability to provide with a shortfall of Vehicle License Fee reve- been ‘‘deferred’’ until 2006. The result: an im- local services during the current fiscal year. nues in the current fiscal year due to the mediate loss of $825 million for cities state- The utility users tax represents one of the ‘‘deferral’’ of payment of $825 million in wide, and $1.8 million for Moreno Valley. Ad- few local revenues discretionary revenue backfill owed until 2006. This will have a ditionally, $135 million in property tax rev- sources with rates, exemptions and terms de- critical impact on the ability to provide enue was shifted from local redevelopment termined at the local level to conform to local services during the current fiscal year. agencies this year, augmenting Moreno Val- community interests and needs. The utility users tax represents one of the ley’s revenue losses by $300,000. Although the City of Novato fully supports few local revenue discretionary revenue Moreno Valley and other California cities and recognizes the importance of fostering sources with rates, exemptions and terms de- have managed to retain adequate service lev- the development of the Internet and other termined at the local level to conform to els despite the poor fiscal management prac- new technologies, Congress must also recog- community interests and needs. tices of the state, primarily through the de- nize as it considers this legislation that cit- Although the City of Monterey fully sup- velopment of new revenue sources. While the ies in California face serious fiscal con- ports and recognizes the importance of fos- City fully supports and recognizes the impor- straints at both the state and local level al- tering the developing of the Internet and tance of fostering the development of the ready. We need your help to ensure that this leg- other new technologies, Congress must also Internet and other new technologies, we islation is amended to remove this detri- recognize as it considers this legislation that hope the Senate recognizes that local gov- mental expansion of the definition of ‘‘Inter- cities in California face serious fiscal con- ernments cannot maintain vital services if net access.’’ We look forward to working straints at both the state and local levels al- the state and Federal governments continue closely with you on this urgent matter. ready. to impair their ability to generate revenue. We need your help to ensure that this leg- Sincerely, We need your help to ensure that this legislation is amended to remove this detri- RODERICK J. WOOD, islation is amended to remove this detrimental expansion of the definition of ‘‘Inter- City Manager. mental expansion of the definition of ‘‘Inter- net access.’’ If there is any additional infor- net access.’’ We look forward to working mation we can offer you regarding this ur- CITY OF PLACENTIA, closely with you on this urgent matter. gent matter, please contact us. Placentia, CA, October 1, 2003. Sincerely, Sincerely, Hon. DIANNE FEINSTEIN, DAN ALBERT, WILLIAM H. BATEY II, U.S. Senate, Hart Senate Office Building, Mayor. Mayor. Washington, DC DEAR SENATOR FEINSTEIN: On behalf of the CITY OF MORENO VALLEY, CITY OF NOVATO, Citizens of Placentia, I am writing to express OFFICE OF THE MAYOR, Novato, CA, October 13, 2003. my Concerns about S. 150, the Internet Tax Moreno Valley, CA, September 16, 2003. Senator DIANNE FEINSTEIN, Non-Discrimination Act. I am very con- Subject: Internet Tax Non-Discrimination Hart Building, U.S. Senate, cerned about language in the bill that ex- Act of 2003—Oppose. Washington, DC. pands the definition of ‘‘Internet access’’ and Hon. DIANNE FEINSTEIN, DEAR SENATOR FEINSTEIN: On behalf of the thereby imposes a permanent moratorium U.S. Senate, Hart Building, City of Novato, I am writing to urge your op- not only on state and local taxes on Internet Washington, DC. position to provisions included in the ‘‘Inter- access fees but also on traditional tele- DEAR SENATOR FEINSTEIN: On behalf of the net Tax Non-Discrimination Act of 2003’’ communications taxes. I strongly urge that City of Moreno Valley, I respectfully request that would modify the definition of ‘‘Inter- you amend the language to clarify that the that you oppose provisions included in the net Access’’ to include telecommunications moratorium only applies to Internet access Internet Tax Non-Discrimination Act of 2003 services ‘‘to the extent such services are and to to other taxable telecommunications (H.R. 49 and S. 52) that would change the def- used to provide Internet Access’’. This ex- services or products, or to franchise or inition of ‘‘Internet access’’ to include tele- pansion of the definition would result in a rights-of-way fees. communications services ‘‘to the extent that loss of badly needed revenues for California’s Under current law, Internet access ‘‘does such services are used to provide Internet ac- cities and significantly affect our city’s abil- not include telecommunication services.’’ cess.’’ This expansion of the definition would ity to provide essential services. The bill would change this to ‘‘does not in- result in the loss of badly needed revenues Currently 150 cities in California levy a clude telecommunication services except to for California’s cities, and negatively affect utility users tax (UUT), which in many cases the extent that such service is used for Inter- our city’s ability to provide essential serv- includes telephone and cable television serv- net access.’’ While this proposal may have ices. ices. Utility users taxes provide a critical been well intended in that it proposes to en- Moreno Valley is one of 150 cities in Cali- contribution to local discretionary revenues, sure that the moratorium does not favor one fornia that levy a utility users tax (UUT), on the average 15 percent of general-purpose form of technology over another, the lan- which in our case includes telephone and revenues, making the UUT vital in helping guage is so broad it can be interpreted to

VerDate jul 14 2003 05:27 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.008 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14237 mean we will be prohibited from collecting constraints at both the state and local level we represent, to be able to get answers taxes on traditional telecommunications already. from each other and from the adminis- services. We need your help to ensure that this leg- tration, and to have the best informa- As you know, states and cities across islation is amended to remove this detri- America are suffering from the most severe mental expansion of the definition of ‘‘Inter- tion we can so we can make the right fiscal crisis since World War II. The loss of net access.’’ We look forward to working decisions. our telecommunications revenue would be a closely with you on this urgent matter. I was quite shocked this morning to significant blow to Placentia. The city could Sincerely, see in the Washington Post a headline lose an estimated $500,000 if this bill is en- JUDITH VALLES, that says: ‘‘White House Puts Limits acted as currently drafted. We can not afford Mayor. On Queries from Democrats.’’ Reading such a loss. this more closely, it says: As reported by the Senate Commerce Com- CITY OF SAN LUIS OBISPO, The Bush White House, irritated by pesky mittee, S. 150 is unacceptable. Again, I urge OFFICE OF THE CITY COUNCIL, you to amend the bill to clarify that the San Luis Obispo, CA, October 10, 2003. questions from congressional Democrats moratorium does not apply to traditional Re: S. 150 Internet Tax Non-Discrimination about how the administration is using tax- telecommunications services. If you have Act Notice of Opposition payers’ money, has developed an efficient solution. any questions, feel free to contact me at 714/ Hon. DIANNE FEINSTEIN, 993–8117. U.S. Senate, Hart Senate Office Building, It will not entertain any more ques- Sincerely, Washington, DC. tions from opposition lawmakers. ROBERT D’AMATO, DEAR SENATOR FEINSTEIN: The City of San I thought for sure I was not awake. City Administrator. Luis Obispo seeks your assistance in oppos- So I rubbed my eyes again and looked ing language added to the Internet Tax Non- at it again and read the same thing. It CITY OF SAN BERNARDINO, Discrimination Act (S. 150) that would ex- OFFICE OF THE MAYOR, pand the coverage of the moratorium by add- went on to say: San Bernardino, CA, September 12, 2003. ing ‘‘telecommunications services’’ to the The decision, one that Democrats and Hon. DIANNE FEINSTEIN, definition of Internet access. It would pro- scholars say is highly unusual, was an- Hart Senate Office Building, hibit a local tax on any ‘‘telecommunication nounced in an e-mail on Wednesday to House Washington, DC. service’’ that is used for Internet access. and Senate appropriations committees. DEAR SENATOR FEINSTEIN: On behalf of the Nearly all telephone services, including local Further down there is a comment City of San Bernardino I am writing to urge dial up, wireless, satellite, and broadband your opposition to provisions included in the from Norm Ornstein, a congressional (DSL and cable modem), provide Internet ac- specialist at the American Enterprise ‘‘Internet Tax Non-Discrimination Act of cess. 2003’’ that would modify the definition of This language would have a major adverse Institute. He said: ‘‘Internet Access’’ to include telecommuni- impact on our City in funding essential serv- I’ve not heard of anything like this hap- cations services ‘‘to the extent such services ices such as police, fire, streets and parks. In pening before. This is obviously an excuse to are used to provide Internet Access’’. This our city, utility user taxes (UUT) are one of avoid providing information about some of expansion of the definition would result in a our ‘‘Top Five’’ General Fund revenues, rep- the things the Democrats are asking for. loss of badly needed revenues for California’s resenting 12% of general-purpose revenues. I appreciate that in these days of de- cities and significantly affect our city’s abil- ‘‘Telecommunication services’’ account for a bate and the important issues we have ity to provide essential services. significant portion of UUT revenues, bring- in front of us, we have been asking Currently 150 cities in California levy a ing in $1.3 million in 2002–03. This is the utility users tax (UUT), which in many cases equivalent of 15 police officers. In these fis- some pesky questions of this adminis- includes telephone and cable television serv- cally tough times, where we have already tration. Pesky questions such as: How ices. Utility users taxes provide a critical made significant reductions in day-to-day specifically will we spend $87 billion contribution to local discretionary revenues, public safety services to balance the budget, going to Iraq, and what specifically on the average 15% of general-purpose reve- any further revenue cuts will result in crip- will be done to rebuild? What is the nues, making the UUT vital in helping fund pling service reduction in our community. plan for our soldiers? What is the plan critical city services, particularly public And the impact will only get worse in the safety. The significance of the UUT has only in terms of making sure we complete future. Soon, major telephone and Internet the mission and bring them home safe- increased as our City’s other discretionary service providers will offer ‘‘packages’’ that revenues have come under siege. bundle together Internet access and unlim- ly? As you contemplate this limitation on ited telephone services. Unfortunately, under We have asked pesky questions such local governments’ ability to raise discre- the proposed language, such bundled services as: Why is it that subsidiaries of Halli- tionary revenue, it is essential to put this re- will likely be considered ‘‘tax-free,’’ which burton get billions of dollars in no-bid striction in the context with other limita- we find regressive and unfair. Even if the av- contracts when our own businesses and tions California local governments currently erage consumer would continue to be subject our own States are unable to find out face as we try to meet critical local service to the local tax (UUT) on traditional tele- needs. Remember that over the past several about bidding processes and unable to communication services, those persons who participate in what should be an open, decades, cities’ control of discretionary rev- could afford computers and high-speed Inter- enue sources has been severely eroded by net access (such as DSL and cable modem) transparent process, given the fact state actions. would slip through this loophole and perma- these are American tax dollars, public With the passage of Proposition 13, the nently escape taxation on similar services. tax dollars? And we have asked pesky state was given control over the allocation No matter how much we wish to support the questions about Bechtel. of local property taxes. In the early 1990s, continued growth of the Internet, discrimi- Mr. REID. Will the Senator yield for the state exercised this control diverting bil- natory taxation is not the answer. a question? lions in dollars of local property taxes to Finally, we want to assure you that we are meet the state obligation to fund schools. In Ms. STABENOW. I am honored to not asking for your opposition to this lan- yield to my friend and leader from Ne- the 2003–04 fiscal year alone, this shift is es- guage as a way of helping us achieve new tax timated to be a loss of $5.4 billion from cit- revenues: we are only asking for help in pro- vada. ies, counties and special districts. tecting our City’s badly needed existing tax Mr. REID. Is it true that you served In addition, cities and counties are faced revenues. in the House of Representatives before with a shortfall of Vehicle License Fee reve- Sincerely, serving in the Senate? nues in the current fiscal year due to the DAVID F. ROMERO, Ms. STABENOW. Yes. ‘‘deferral’’ of payment of $825 million in Mayor. Mr. REID. During your tenure there, backfill owed until 2006. This will have a critical impact on the ability to provide The PRESIDING OFFICER. The Sen- I am sure you had many occasions to local services during the current fiscal year. ator from Michigan. send inquiries to the administration. The utility users tax represents one of the Ms. STABENOW. Mr. President, this Whether it was Veterans Affairs, the few local discretionary revenue sources with is a very important issue we have in Social Security Administration, White rates, exemptions and terms determined at front of us. I wish to pause for a mo- House council, you have done that over the local level to conform to community in- ment and address an issue I saw in the the years; is that not true? terests and needs. Washington Post this morning that af- Ms. STABENOW. Absolutely. Although the City of San Bernardino fully fects what we are doing here this morn- supports and recognizes the importance of Mr. REID. Over the years, it is true fostering the development of the Internet ing and what we do every single day; that you have received responses? and other new technologies, Congress must that is, our ability to work together to Ms. STABENOW. Yes. also recognize as it considers this legislation ask questions on behalf of American Mr. REID. And there was never a that cities in California face serious fiscal taxpayers, on behalf of all of the people question raised as to whether it was a

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.011 S07PT1 S14238 CONGRESSIONAL RECORD — SENATE November 7, 2003 Democratic Congressman or Senator or Ms. STABENOW. In the State of the questions coming from the Repub- Republican House Member or Senator Michigan, we have many questions lican committee chairs. They are not asking the question; isn’t that right? being asked—a lot that we asked of the going to answer questions coming from Ms. STABENOW. Absolutely. administration on homeland security, us. This is deeply disturbing and it Mr. REID. Didn’t you always feel how we are funding our borders and should be disturbing to every single that no matter what political party the keeping them secure. Why is it we are one of the people we represent. It Member of Congress was who asked the not providing more for our first re- should be, frankly, disturbing to people question, it had no bearing on the an- sponders? We have given some dollars on both sides of the aisle. swer? Isn’t that true? but certainly a very small amount of I was in the House of Representatives Ms. STABENOW. Yes. what they need. Why are we not fund- for 4 years under a different adminis- Mr. REID. I read that article to ing more for communications equip- tration. I asked a lot of tough ques- which you refer. It seems there is now ment that allows one city’s police de- tions of a lot of Departments and I ex- new criteria established at the White partment to talk to another city’s po- pected answers. I expected that when House, that only if you are a Repub- lice department, or the police depart- my Republican colleagues asked ques- lican will they answer questions of a ment to talk to the fire department, or tions of that Democratic administra- Member of Congress. Is that what that the EMS workers to be able to do their tion, they would be given answers as article said? job in a community? Why is it we are well. Ms. STABENOW. That is exactly not providing more dollars directly for We are a separate branch of Govern- what it says. those kinds of responsibilities? They ment. We are the appropriators, all of Mr. REID. How many people live in are right on the front lines. When you us. The Constitution didn’t say, by the the State of Michigan? way, only the majority party can have Ms. STABENOW. We have over 9 mil- have a problem, when there is a serious access to information and only the ma- lion people in the State of Michigan. crisis, whether it is homeland security jority party is responsible for appro- Mr. REID. And Michigan is rep- or some other crisis in the community, priations and guaranteeing the wise resented by two Democratic Senators. you pick up and call 911, and we want Ms. STABENOW. That is correct. to know people are prepared. use of American tax dollars. They said Mr. REID. The distinguished senior Those are questions about appropria- the Congress of the United States is re- Senator, CARL LEVIN, who everyone actions. Those are questions we asked of sponsible, and that is all of us. knowledges is one of the finest Sen- the administration. How are you mov- I think it is very important that we ators ever to serve in this body. ing forward and designing and imple- send a message very quickly from the Ms. STABENOW. Absolutely. menting a Department of Homeland Senate that we object to this, object to Mr. REID. He is an expert on issues Security? What are we doing at the it together. We work hard on appro- relating to defense. I am sure on a borders? priations. We ask a lot of questions. We weekly basis, if not more often, he In my State, we have other questions have a lot of give and take. Amend- makes inquiries at the Pentagon and we are asking that we are assuming the ments are proposed; they rise, they other offices of the executive branch of administration will endeavor to an- fall. That is the process. We all respect Government as to questions he has in swer. It relates to the issues of Cana- each other and we all respect that his role as the lead Democrat on the dian trash trucks now coming across process. At the end of the day, we as- defense committee; is that right? our borders into Michigan—about 200 a sume that if we are asking, as they Ms. STABENOW. In fact, I add that day—that are not being thoroughly in- say, ‘‘pesky’’ questions, we will get an- over the years, under Democratic and spected at the border because there is swers regardless of who we are. We may Republican Presidents, the senior Sen- not a way to do it without putting an not agree with the answers. ator from Michigan asked very impor- inspector in the back of every truck. That is why we live in a democracy. tant questions about contracting. He We have serious concerns about what That is the democratic process. We re- was the first, I believe, to come for- is happening in terms of homeland se- spect the fact there are differences in ward with the acknowledgement and curity. Those are questions. How can views, priorities, and values, but we do questions about the $600 wrenches and we work together? How can we make not accept—I do not accept—that we other questions of excesses at the time sure we are addressing those issues will be blocked from receiving informa- in the past from the Pentagon. To that will allow our citizens to be safe, tion. It would be astounding if every Democratic or Republican Presidents, as it relates to these trash trucks com- time, as a Member of this body, I had he has asked some pretty ‘‘pesky’’ ing across the border. They need to be to ask for a freedom of information re- questions. stopped. quest from the administration in order Mr. REID. What that article says is a Over 165,000 people in my State to get questions answered on items of State of 9 million people, which has signed an online petition to support my importance to the people I represent— democratically elected Democratic request to the EPA that they get in- whether it be agriculture, manufac- Senators, these two Senators would volved in stopping these trucks and turing, homeland security, health care, not be able to ask questions of that ad- using the authority they have. Now, we education, the environment, or trans- ministration; is that what it does? go through the appropriations process portation. I could go on and on. We Ms. STABENOW. That is how it ap- on this matter. I have been very appre- have critical issues we are responsible pears. We have a lot of very serious ciative of the fact that we have worked for addressing and responsible for doing questions our constituents want us to together on a bipartisan basis in the it in the most efficient and effective ask of the administration. Senate to address these issues and put way we can. Mr. REID. I direct this to the Sen- more equipment at the border. I have There is only a limited amount of re- ator in a way that I can only say is as been pleased to have the support of sources and we have to make sure we sincere as I can be. I very much appre- leaders on the other side of the aisle to make wise decisions with those re- ciate the Senator bringing this to the support efforts to do that, to work to- sources. That is our job. attention of the American people gether on behalf of the people we rep- AMENDMENT NO. 2141 TO AMENDMENT NO. 2136 through the Senate. It is our ability to resent and make sure they are safe. Ms. STABENOW. Mr. President, I bring matters to the floor that make But when I see things such as this send an amendment to the desk. this country better—there are other kind of a story, that e-mails are going The PRESIDING OFFICER. The ways of showing how great this coun- out saying the White House doesn’t clerk will report. try is, but certainly one is being able like our ‘‘pesky’’ questions about how The assistant legislative clerk read to bring matters to the Senate floor dollars are spent and suggestions that as follows: without getting permission of the ad- maybe they could be spent differently The Senator from Michigan [Ms. ministration. and better and more wisely in our STABENOW] proposes an amendment num- I applaud the Senator from Michigan States—they don’t like those ques- bered 2141. for jumping on this issue very quickly, tions, so they sent out an e-mail saying Ms. STABENOW. I ask unanimous as the Senator has done on many other they are not going to answer them any- consent that further reading of the issues. more. They are only going to answer amendment be dispensed with.

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.021 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14239 The amendment is as follows: going to answer Republican-approved which is to take place next week. It ap- At the appropriate place insert the fol- questions. That, to me, is a sad com- pears the Republican majority in the lowing: mentary on this administration which Senate, 51, believe they have been Since, Article I of the U.S. Constitution has, frankly, written a record of con- treated unfairly because the President grants Congress the power of the purse; and Since, Congressional oversight of Execu- cealment in the years they have been has only had 168 of his judicial nomi- tive Branch expenditures of public funds is here. nees approved while 4 have been held essential in order to prevent waste, fraud, You recall the lawsuit that was in- up. That is right, the score is 168 to 4, and abuse of taxpayers dollars; and volved when we drew up the Energy and they are arguing that is unfair, so Since, Congress can only exercise its over- bill. We asked the Vice President of the unfair we need to tie up the Senate, we sight responsibilities if the White House and United States, who was one of the de- need to stop consideration of appro- Executive Branch agencies are responsive to signers of the administration’s Energy priations bills, we need to stop any requests for information about public ex- bill, which special interest groups were consideration of bills that might help penditures; Therefore it is the Sense of the Senate sitting in the room when they wrote the men and women in uniform who are that, the bill. He said to Congress: It is none fighting for us in Iraq and Afghanistan. The White House and all Executive Branch of your business. We don’t have to tell We don’t have time for that, but we agencies should respond promptly and com- you. We brought a suit against the ad- have to spend 30 straight hours in a pletely to all requests by Members of Con- ministration asking for that informa- one-sided debate on the Republican gress of both parties for information about tion and we were unsuccessful. side arguing that holding up 4 judges public expenditures. Today we know there were special in- out of 172—4 out of 172—is somehow un- Ms. STABENOW. Mr. President, I terest groups present. We just don’t constitutional or unfair or unjust. simply say this is a very short amend- know who they were. If you look at the It goes to the heart of this same doc- ment. In part, it indicates: bill, you can see who they likely were. ument, our Constitution, which says Since, Congressional oversight of the Exec- They are the ones that were rewarded— the Senate is not a rubberstamp. The utive Branch expenditures of public funds is oil companies and major energy com- Senate has the power to not just con- essential in order to prevent waste, fraud, panies. They are the ones who did very and abuse of taxpayer dollars; and sent to judges, but to advise and con- Since, Congress can only exercise its over- well with this Energy bill. sent, and that advise-and-consent role sight responsibilities if the White House and When the Senator from Michigan includes asking hard questions of judi- Executive Branch agencies are responsive to raises this question as to what this new cial nominees. requests for information about public ex- administration policy means, I think The four who have been held up so far penditures; she really hits the nail on the head. from the Bush White House, I think, Therefore, it is the Sense of the Senate Congress has an important constitu- represent the most extreme of his that, The White House and all Executive Branch tional role of oversight on this admin- nominees. But there are many others agencies should respond promptly and com- istration and any administration, and who have been approved who have phi- pletely to all requests by Members of Con- for this administration to decide that losophies entirely consistent with the gress of both parties for information about certain Senators and Congressmen can- President and his administration. public expenditures. not ask questions that will be an- Make no mistake, out of the 168 I hope we will have unanimous sup- swered, I think is going to set us back. nominees who have gone through this port for this amendment and that we I had the same experience with the Senate, a record number for any Presi- can quickly send a message to the Department of Justice. Attorney Gen- dent, 168 have been approved. Of those, White House and ask that they reverse eral John Ashcroft, who served in this we will find many conservative Repub- the policy laid out this morning in this Senate for years and asked many ques- licans with views much different than article. tions of previous administrations, real- my own. We accept that. But for these Mr. DURBIN. Mr. President, I wish to ly loathes to answer any questions that 4, we think they have crossed a line, a join the comments of the Senator from come particularly from Democratic line which really calls on us in our ca- Michigan. It is, I am sure, painful and Senators. That has caused a lot of, I pacity as Senators with responsibility distracting for the administration to guess, concern because some of us be- of the advise-and-consent clause to say receive inquiries from Congress. It sure lieve there are important questions at some point we have to say no for 4 would be a lot easier if Congress wasn’t that need to be asked and answered. judges out of 172. around to mess up their work. I mean, The PATRIOT Act, for example, was I might add on this bill that is before we ask all these hard questions about a new delegation of authority 2 years us, at a later moment I will be offering what they are doing with the tax- ago to the Government. It gave the an amendment. It is an amendment payers’ dollars. What are you doing to Government more power than they had which really doesn’t appear to have make America a safer place? I am sure before, power that comes close to, if it much to do with the Internet tax ques- if they did not have to answer those doesn’t, infringing on our rights and tion, but it is an amendment I am questions and be held accountable, liberties. We asked some questions: going to continue to offer on every they would have a lot more time to do How is this Department of Justice available bill until the Senate goes on other things. using the PATRIOT Act? Unfortu- record and passes it again and enacts it I think the reason for the questions nately, the Attorney General has not into law. It is an amendment which gets down to a basic document called been responsive. One might say: Well, passed this Senate about 2 weeks ago the Constitution. If I remember cor- he comes to Congress, doesn’t he? He by a vote of 96 to 3. It is an amendment rectly from early lessons, we do have submits himself to questions? If we which says Federal employees who are three coequal branches of Government look at the record, we will see this At- members of our National Guard and and a system of checks and balances. torney General’s record of coming to Reserve units who are activated will This administration has decided that Congress and being held accountable is have their Federal salaries protected particular part of the Constitution is a record that shows he doesn’t care to while they are serving our country. going to be ignored. do that either. This is exactly what happens to Frankly, I don’t think that serves They don’t answer written inquiries, State employees in dozens of States our Nation very well. Whether it is a and the Attorney General does not ap- and city and county employees across Democratic administration or a Repub- pear personally. Frankly, that leads to America where their units of govern- lican administration, the fact is they mistrust, and it doesn’t speak well of a ment have said: If you go off to serve have to be held accountable. The way democracy where that is the hallmark our Nation in the Guard and Reserve, they are held accountable is not only of their policy. we will stand behind you. We will make through an election, but through the It strikes me Congress has some im- up the difference in your salary. We operations of Congress which appro- portant responsibilities here, and one will protect your families’ income priates moneys, passes laws, and asks of them is reflected in the issue raised while you are serving our Nation and hard questions. by the Senator from Michigan. Another risking your lives. Now we see the official policy of this one is reflected in this so-called 30- Sadly, the same standard is not ap- administration is to say we are only hour debate, this one-sided debate plied to Federal employees. Here we

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.023 S07PT1 S14240 CONGRESSIONAL RECORD — SENATE November 7, 2003 are with 10 percent of the Guard and hard work of the Senator from North As they say, if we are here in order to Reserve in Federal employment— Dakota, the Senator from Arizona, and total up years for retirement, it is a 120,000 of those who are in the Guard the Senator from Oregon on this im- pretty easy job; but if we want to come and Reserve are in Federal employ- portant legislation. here and go to work to try to achieve ment; 23,000 have been activated, and I mentioned earlier the reservist pay good for this country and make certain we do not make up the difference in amendment which I will be offering at that people who are misusing public re- their salaries while overseas. some point on this legislation, but sources are, in fact, held accountable For some, there is no difference, but there is another amendment which I for it, then it is hard work. for some there is a big disparity. I of- will be offering which I would like to Mr. REID. Will the Senator yield for fered this amendment on the floor, and alert the sponsors of so it comes as no another question? it was adopted 96 to 3. surprise. It is our understanding that if Mr. DURBIN. I would be happy to Mr. MCCAIN. Will the Senator yield there is a tax moratorium on Internet yield to the Senator from Nevada. so I can make an announcement? operations, which I would support with Mr. REID. How many people live in Mr. DURBIN. Yes, without losing my carefully defined circumstances, it will the State of Illinois? 1 right to the floor. result in a substantial savings to tele- Mr. DURBIN. About 12 ⁄2 million. Mr. REID. I say to the Senator from The PRESIDING OFFICER (Ms. MUR- communications companies across the Illinois, I spoke through the Chair to KOWSKI). Without objection, it is so or- United States. I am going to be offer- the distinguished junior Senator from dered. ing an amendment during the course of Mr. MCCAIN. Madam President, for Michigan about the State of Michigan. consideration of this bill which says the benefit of my colleagues, we have There are 9 million people in Michigan, that the savings to these companies been in some intense negotiations on two Democratic Senators. Under the shall be passed on to the consumers in the Internet tax issue. We have made rule that we have just learned about America. significant progress. We still have one that the White House is not going to It strikes me that at a point in time significant hurdle remaining where we answer questions of Democrats, 9 mil- when we are in a recession, when fami- can perhaps get all sides together. lion people who live in the State of lies are struggling, some facing unem- There is about a 50–50 chance. But we Michigan in effect cannot have their ployment, others trying to make ends should know in about 20 minutes as to Senators asking questions of the White meet, that if we are going to relieve whether we will reach this very impor- House. this industry of substantial taxation, tant agreement which would basically The Senator from Illinois, who rep- millions if not billions of dollars over eliminate any major issues associated resents 121⁄2 million people, there is a time, the savings ought to go to fami- with the Internet tax issue. Democratic Senator and a Republican I thank my colleague from Illinois lies, the customers. I think that would Senator who has announced his retire- for yielding. I yield the floor. be a good move on our part. ment, who is not going to run for re- Mr. WYDEN. Will the Senator yield? So if we want to talk about invig- election—the Senator who has an- Mr. DURBIN. I will be happy to yield. orating the economy, then why not re- nounced his retirement and in effect is Mr. WYDEN. Madam President, with duce the telephone bill or the tax bill a lame duck, fine man that he is, can the chairman of the Commerce Com- that a family faces on a monthly basis? have his questions answered, but the mittee, and my friend from North Da- Mr. REID. Madam President, will the Senator who was just reelected rep- Senator yield for a question? kota, Senator DORGAN, who has worked resenting 121⁄2 million people cannot with me on this now for 7 years, we Mr. DURBIN. I yield to the Senator have his questions answered. Does that have made some significant headway in for Nevada, without yielding the floor. seem fair? the last half hour, 45 minutes. To get Mr. REID. Madam President, I say to Mr. DURBIN. I say to the Senator this done, there are some difficult my friend from Illinois, in relation to from Nevada, it not only does not seem choices that have to be made. One that the amendment that is pending, I fair, it raises another question in my would be very painful for me, given my asked the White House by letter to give mind. Why would we on the Demo- involvement in the original law, would me the breakdown of the cost of all of cratic side of the aisle approve any ex- be to accept some sort of time limit these trips they take around the coun- ecutive appointment of someone who is rather than make it permanent. try campaigning for people. Who pays going in the executive branch and from I say to the Senate, I am willing to for that? Is it paid for by the taxpayers that point forward will never speak to look at that in the name of trying to of this country? Is it paid for by the us again? Now, if we are being asked by find common ground. What we can’t Republican National Committee? The this administration to approve people have as we go through this is to have President is a rich man. Does he pay to hold offices within this administra- DSLs, this tremendously exciting serv- for it personally? tion who have not answered all the ice which in so many instances is going It has been months and I have had no questions in committee and having to be the key for folks getting Internet response. I think I am entitled to an been approved on the Senate floor will access in a wireless fashion, hammered answer to that most important ques- from that point forward never commu- again and again in the future. We are tion. People are concerned about that. nicate with us again, then, frankly, I going to see if we can find common The President goes to his ranch, he think we are derelict in our responsi- ground. goes off on day trips campaigning only. bility. The point of this law more than 5 Would the Senator agree with me So I say to the administration, think years ago was to ensure technological that that is the direction of this this through. If they are saying that neutrality so the Internet and the var- amendment, and that I am entitled, as the people we appoint in the Senate are ious ways it is delivered would not, in a Member of the Senate, to an answer not going to answer the questions pro- some way, advance some at the expense to the question as to who is paying for pounded by Democratic Senators, then, of others. We still have to find a way these junkets around the country? frankly, I think it is untoward of them for that technological neutrality. Mr. DURBIN. Reclaiming my time, I to suggest that we should just approve We may be able, given the fact that say to the Senator from Nevada that is all of these appointments. the staffs are working now to have a a perfect illustration as to why the I think it is fair game for the Presi- breakthrough on this in the next half Stabenow amendment should be en- dent to fill vacancies, and I have sup- an hour, but as the author of the origi- acted, because what Senator STABENOW ported the overwhelming majority of nal law in the Senate, I want to make is trying to achieve is the right of the the President’s requests. But if the polit clear that I am open to trying to find Senator from Nevada and any Senator, icy is once approved by the Senate, some common ground and make some Democrat or Republican, to ask legiti- these executive appointments, these significant concessions to do it. That is mate questions about the expenditure people working in these agencies, will what we are considering now. of public funds. If we decide that is refuse to take telephone calls or an- I thank the Senator from Illinois for going too far and perhaps inconven- swer letters of inquiry from Members yielding. iencing the administration by forcing of the Senate, refuse to be held ac- Mr. DURBIN. I, of course, thank the them to be held accountable, then we countable for their actions as public of- Senator from Oregon. I appreciate the might as well pack up and go home. ficials, then I think we are derelict in

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.027 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14241 our responsibility to the people we rep- Afghanistan, and particularly to acti- for him to do his job on the Budget resent. vated guardsmen and reserves. Committee to make certain that every Mr. LEAHY. Will the Senator from Consider that just yesterday, the administration is held accountable. Illinois yield for a question without President signed an $87 billion appro- I am going to yield the floor and say losing his right to the floor? priation for the effort in Iraq and Af- to my friend and colleague from Michi- Mr. DURBIN. I would be happy to ghanistan which, as I understand it, gan, thank you for bringing this issue yield to the Senator from Vermont. about $67 billion was for our men and up. This is not just a morning news- Mr. LEAHY. Madam President, I ask women in uniform, which I supported. paper article. This is a serious con- my friend from Illinois, who serves As much as I disagree with the Presi- stitutional question. I hope some of my with me on the Appropriations Com- dent’s foreign policy, I am not going to colleagues on the Republican side of mittee—who served on a number of shortchange our men and women in the aisle, after first reacting they want committees in the other body before he uniform for the resources they need to to stand by their administration, will was in the Senate—who has as much be successful in their mission and come think long and hard if this is a policy knowledge of procedure as anyone hav- home safely. we in America should be asked to live ing served in the other body and served Having done that, having given the with, when future Congresses and fu- in this body, it has been my experience appropriation to the administration, ture Presidents are elected and we are in over a quarter of a century on now we have families and servicemen all told we are trying to share a re- the Appropriations Committee, coming to me, as the Senator from Illi- sponsibility of accountability across through nois, saying they do not think the our Government. six administrations—President Ford, money is being spent properly. I have a I yield the floor. President Carter, President Reagan, responsibility to their families and to The PRESIDING OFFICER. The Sen- former President Bush, President Clin- my State to ask the hard questions of ator from New Jersey. ton—that both Republicans and Demo- the administration. Are you doing all Mr. LAUTENBERG. Madam Presi- crats were able to ask questions and that you can to protect our service- dent, I ask to speak as if in morning expect answers from the executive men? Frankly, I think that is why I business for no longer than 10 minutes. branch. was elected. If I am not given a chance The PRESIDING OFFICER. Without Further, it was my experience that to even ask that question or to have objection, it is so ordered. throughout all of these administra- my inquiry answered, what, then, can I (The remarks of Mr. LAUTENBERG are tions, Republican and Democratic say to these families or to these serv- printed in today’s RECORD under alike, there was not a restriction made icemen who believe that I am their ‘‘Morning Business.’’) because we were required to ask these elected representative and have that Mr. LAUTENBERG. I suggest the ab- questions. Is that the experience of the responsibility? sence of a quorum. distinguished Senator from Illinois? Senator STABENOW, in her amend- The PRESIDING OFFICER. The Has the Senator had the same experiment, says this new policy of the ad- clerk will call the roll. ence in both bodies—I am speaking now ministration, of refusing to answer let- The legislative clerk proceeded to of appropriations but, of course, a lot ters from Democratic Senators and call the roll. of other committees are involved—if Democratic Congressmen, takes away Mr. CONRAD. Mr. President, I ask we asked questions about where the from the voice of those families and unanimous consent that the order for money went, we received the answers those servicemen and people across the the quorum call be rescinded. irrespective of whether one was a Re- United States who rely on us to stand The PRESIDING OFFICER. Without publican or Democratic? up and hold any administration ac- objection, it is so ordered. Mr. DURBIN. In reply, I say the Sen- countable, whether it is Democratic or Mr. CONRAD. Mr. President, less ator from Vermont is absolutely cor- Republican. than 6 months ago, we enacted the Jobs rect. Allow me to use another illustra- I think, honestly, her amendment and Growth Tax Relief Reconciliation tion. Just last weekend, there was the goes to the heart of why we are here Act which contained $20 billion in tem- downing of the Chinook helicopter in doing business in the Chamber of the porary State fiscal relief. Yet before us Iraq with 15 of our soldiers killed ini- Senate. I support her very strongly. I is legislation that may effectively take tially and another soldier who has died urge my Republican colleagues who back a significant portion of that just last night, I understand, so 16 sol- have been very loyal to their Presi- much-needed relief for States. In my diers died and 20 more were seriously dent, and that is understandable and earlier career, I was tax commissioner injured. The pilot of that helicopter admirable, to think long and hard in the State of North Dakota. My suc- was from my home State. It was a Na- about this policy. Things change in cessor, a Republican, a man who cur- tional Guard helicopter. this town. The tide of politics can hit rently holds the office, was in my office After that occurred, unsolicited I re- the shore and go back out to sea and just a couple of weeks ago explaining ceived communications from reliable come back again. You never know, a the impact of the committee bill on military sources that suggested that year, 2 years, 3 years from now, wheth- our State. He estimated this bill would the Guard helicopters in activated er or not policies taken by this admin- cost our State $20 million. That may units were not adequately equipped and istration establish a precedent which is not be a lot of money in Washington. I prepared to deal with shoulder-fired not healthy for our constitutional de- can tell you that is a lot of money in missiles. This is as serious a question mocracy. Certainly this decision by the North Dakota. That is $20 million we as can be given to any Member of the administration to turn down inquiries would be taking away from the State Senate. Naturally, the families—the and letters of request on matters as of North Dakota they have every right servicemen first and their families— basic as the protection of our men and to collect. wanted to know the answer. So what I women in uniform and whether or not Let me make absolutely clear that I did was to write a letter directly to the our helicopters are adequately pro- am not for taxing access to the Inter- Secretary of Defense, Donald Rumsfeld, tected—their decision as a policy basis, net. I am not for that. I have supported saying please look into this imme- which I understand has been included the moratorium. I will continue to sup- diately; see if the National Guard units in an e-mail and sent across the admin- port the moratorium. But as Senator that have been activated are suffi- istration—raises some important ques- DORGAN made clear on the floor this ciently protected with equipment. tions. morning, definitions do matter. Unfor- During the course of asking this I see the ranking member of the Sen- tunately, the bill out of the committee question, more communications came ate Budget Committee, Senator has left a lot of open questions. Law- my way. Now we have received a lot of CONRAD, has taken the floor. Again, he yers looking at it are telling us it communications suggesting that fami- is a perfect illustration of why this new would restrict the States far beyond a lies all around Illinois, and even policy of the administration, refusing simple extension of the moratorium. I around the country, are telling us to answer inquiries from Democratic do not believe that is the intention of about deficiencies in the equipment Senators about their spending policies the Congress. I certainly hope it is not available to our servicemen in Iraq and and taxing policies, make it impossible the intention of the committee to go

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.029 S07PT1 S14242 CONGRESSIONAL RECORD — SENATE November 7, 2003 beyond the definition of access we The PRESIDING OFFICER. Without Ms. STABENOW. Certainly. agreed to in 1998 and reaffirmed in 2001 objection, it is so ordered. The PRESIDING OFFICER. Without in a way that would preempt States’ Mr. MCCAIN. Madam President, I ask objection, it is so ordered. abilities to levy taxes as its elected my friend from North Dakota—this is Mr. REID. This amendment is offered representatives see fit. on the Stabenow amendment—we by the Senator from Michigan, and it On the floor of the Senate, we have would like to have a couple-word never took into consideration doing seen a bipartisan effort to make cer- change. If he would look at the amend- anything that was unconstitutional? tain what we do here is what we really ment where it says, in the last para- Ms. STABENOW. That is correct. mean. I have been very interested to graph, ‘‘The White House and all Exec- Mr. REID. Everything the Senator see four distinguished former Gov- utive Branch agencies should respond does is within the framework of the ernors—Senator ALEXANDER, Senator promptly and completely to all re- Constitution. So I would hope that the VOINOVICH, Senator CARPER, and Sen- quests by Members of Congress,’’ that matter could be disposed of as written ator GRAHAM, who are among our most between ‘‘all’’ and ‘‘requests,’’ if we because it goes without saying that we respected colleagues on issues such as could add the two words ‘‘constitu- want this to be constitutional. We these, and all of them served success- tionally appropriate.’’ Would that be would never try to do anything that fully as Governors—warning Members agreeable to him, so it would read: would be outside the parameters of the of Congress the legislation before us ‘‘completely to all constitutionally ap- Constitution. has unintended consequences. I hope propriate requests by Members of Con- So I hope this amendment could be we listen carefully to our colleagues, gress’’? accepted. It appears to me it should be Senator ALEXANDER, Senator I assume that most Members of Con- done by voice. If that is not the case, I VOINOVICH, Senator CARPER, and Sen- gress would not make unconstitution- know that a number of other people ator GRAHAM, and that we pause and ally appropriate requests, but that have more to talk about on this get this right. seems to be perfecting language that amendment. So I would hope the ma- We should not tax access to the some of my friends would like to have jority would make a decision quite Internet. That would inhibit its eco- added. soon as to what is to be done with this nomic potential. It would reduce oppor- The PRESIDING OFFICER. The Sen- amendment. tunity in our society. But at the same ator from North Dakota. Several Senators addressed the time we shouldn’t be going beyond that Mr. DORGAN. Mr. President, I say to Chair. principle and that concept in restrict- the Senator from Arizona, this is not The PRESIDING OFFICER. The Sen- ing the States’ rights to levy taxes my amendment, so I would have to ator from Nevada has the floor. consult with the author of the amend- that are reasonable and appropriate. Mr. REID. I yield the floor. ment. That is not the appropriate role of the The PRESIDING OFFICER. The Sen- As you know, the amendment is ator from North Dakota. Federal Government. prompted by a news story today from I hope very much we will take a few Mr. DORGAN. Madam President, I the White House suggesting they will moments and get this right so that this mentioned that the event that has not be answering inquiries except by is not a rush to judgment and we not prompted this amendment, I under- certain Members of Congress. So that impose on hard-pressed States. We al- stand, was in the newspaper this morn- prompted her to offer this amendment. ing. It was apparently a report that the ready know there is some $90 billion of I will certainly consult with—she is shortfall by the States all across the White House would limit their re- on the Senate floor, so perhaps we can sponses to questions from Members of country. The last thing they need is ask her directly. the Federal Government to come in Congress. Mr. MCCAIN. Madam President, do I I, at one point, chaired the appropria- here and take away legitimate sources still have the floor? tions subcommittee here in the Senate of revenue from them. That makes no The PRESIDING OFFICER. The Sen- that actually funds the operations of sense. ator from Arizona. I hope my colleagues are going to be the White House. We always work very Mr. MCCAIN. Madam President, I ask closely with the White House. When sufficiently patient and that we get unanimous consent to ask a question of they request the necessary funding, we this right. As Senator DORGAN said— the Senator from Michigan. provide it. We never have any dif- again, I want to emphasize—earlier on The PRESIDING OFFICER. Without the floor, definitions matter. I heard objection, it is so ordered. ficulty. The same is true with respect to the agencies. We fund all of the Senator MCCAIN say the same thing Mr. MCCAIN. Madam President, I ask last night; that it is important to get the Senator from Michigan if she would agencies of the executive branch. We these concepts right, to get them care- be agreeable to a two-word addition in spend a great deal of money in doing fully defined so we are not doing some- the last paragraph, that between the that. We work together to find the ap- thing other than what we really intend words ‘‘all’’ and ‘‘requests’’ the words propriate number and the appropriate to do, which is to provide a continuing ‘‘constitutionally appropriate’’ be amount of resources that are needed. The White House is a little different. moratorium on the taxation for Inter- added. I wonder if that would be agree- When they make the request, we fund net access. able to her. If it is not agreeable to her, I thank the Chair. I yield the floor. I will not propose the amendment. the request. That is the way we deal The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- with the White House. ator from Colorado. ator from Michigan. But with the executive agencies, of Mr. ALLARD. Madam President, I Ms. STABENOW. Madam President, course, we have disagreements and dif- ask unanimous consent to speak in the only question I have is the word ferences from time to time, but we end morning business for 10 minutes. I un- ‘‘appropriate.’’ We certainly want this up sending billions and billions—hun- derstand we have a lull on the Internet to be within constitutional parameters. dreds of billions—of dollars for expend- tax bill. I would say, at this point, the question itures through these agencies. If ever— The PRESIDING OFFICER. Without I would have would be about ‘‘appro- if ever—the Members of the Congress objection, it is so ordered. priate.’’ Who decides what is ‘‘appro- are prevented from asking questions (The remarks of Mr. ALLARD are priate,’’ given the judgments the ad- about how the money is used, how the printed in today’s RECORD under ministration is making? Possibly we money is spent, then there is some- ‘‘Morning Business.’’) can work together to find something thing fundamentally broken. Mr. ALLARD. I yield the floor and else other than that word. But at this So I was as surprised as my colleague suggest the absence of a quorum. point that would be my concern. from Michigan to read the story in the The PRESIDING OFFICER. The Mr. MCCAIN. I thank the Senator newspaper this morning. I know it is clerk will call the roll. and yield the floor. nettlesome, I know it is a pain, it is a The legislative clerk proceeded to The PRESIDING OFFICER. The Sen- bur under the saddle to get questions call the roll. ator from Nevada. from Members of Congress if you are a Mr. MCCAIN. Madam President, I ask Mr. REID. Madam President, will the member of the executive branch. unanimous consent that the order for Senator from Michigan allow me to ask At one point, I was a member of the the quorum call be rescinded. a question? executive branch in State government,

VerDate jul 14 2003 00:46 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.032 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14243 and all the State legislators were al- was October 1. It is now November. We Mr. MCCAIN. Mr. President, if my ways peppering us with questions. still have appropriations bills that colleague would allow me to speak for Sure, that is a nuisance. Nobody likes have not been considered in the Senate. 5 minutes in morning business about that. But the fact is, the congressional Yesterday there was great urgency an important issue to me. actions here determine how much about an appropriations bill. Every- Mr. DORGAN. Providing that I am money is made available. The same is body cooperated to try to get that recognized at the conclusion of the re- true in the State legislatures. They done. We are told today there is great marks of the Senator from Arizona. have every right—in fact, they have a urgency about legislation. We are told The PRESIDING OFFICER. Without responsibility—to the taxpayer to try that the majority leader wants the objection, it is so ordered. to determine how that money is spent. Congress to work on Veterans Day and (The remarks of Mr. MCCAIN are lo- If they have questions about it, they so on. cated in today’s RECORD under ‘‘Morn- ask those questions. If they ask those Then we are told, despite the fact ing Business.’’) questions, they darn well expect an an- that there is this urgency to get appro- The PRESIDING OFFICER. The Sen- swer, even if it is considered a nuisance priations bills done and they request ator from North Dakota is recognized. by those who are receiving the ques- cooperation, that beginning next Mr. BROWNBACK. Mr. President, tions. Wednesday we will spend 30 hours so will the Senator from North Dakota So my hope is they will just accept that the majority can talk about the yield for a question? this amendment at some point today. I four judges they have not been able to Mr. DORGAN. Mr. President, I yield understand what has prompted the get confirmed. to the Senator from Kansas for a ques- amendment. It seems to me perhaps we should tion. Let me just, for a moment, talk talk about the 168 judges we have con- Mr. BROWNBACK. Mr. President, if I about the underlying proposition be- firmed. If we are going to take time in can ask for permission to speak up to 3 fore the Senate; that is, the bill that is the middle of next week, after having minutes on a personal tribute in morn- brought to the floor today, the morato- worked on Veterans Day, because we ing business and that the floor not be rium on Internet taxation. I want to believe there is such an urgency—and I lost to the Senator from North Dakota. see us pass a piece of legislation. I do believe there is an urgency with appro- Mr. DORGAN. I will agree, provided I not think it is satisfactory to have the priations bills; we should get them am recognized following the presen- moratorium expire on November 1, and done—if we are going to take 30 hours tation. then to just let that be the word. That in the middle of the week in order to The PRESIDING OFFICER. The Sen- is not where I would like to see this try to convince the American people ator from Kansas is recognized. end up. that the Congress is not moving for- (The remarks of Mr. BROWNBACK are So we have a bill on the floor that ward on judgeship nominations, and printed in today’s RECORD under came from the Commerce Committee. they are going to take 30 hours to talk ‘‘Morning Business.’’) That legislation passed the Commerce about four judges who didn’t get con- The PRESIDING OFFICER. The Sen- Committee unanimously, but it was firmed by the Senate, I think perhaps ator from North Dakota is recognized. not quite the way it seemed when you then we need to take much more time Mr. DORGAN. Mr. President, I know take a look at that vote because we to talk about the 168 judges we did con- my colleague from West Virginia is also agreed that the definition of that firm. preparing to speak. I will not be long. I am a little miffed at having these Internet tax moratorium was faulty or I will make a couple of comments to talk shows and others get all their at least not agreed to, and we would finish what I was discussing about next talking points about how the Senate is work on it coming to the floor of the week’s schedule. stalling on judgeships. We are not Senate. It is true the minority party in the We have not yet reached a com- stalling on judgeships. Most all of the Senate does not schedule the Senate; Federal judges who have been nomi- promise. That definition is the key. It the majority party does and the major- nated by this President have been con- is the linchpin to this legislation. So ity leader does. This Senate is 51 to 49. firmed by this Senate. we have to find a way to resolve that. Some pretend it is 100 to zero. In the We have an advise and consent re- circumstances, for example, with the We thought this morning perhaps there sponsibility. The Constitution does not energy conference, I am a Democratic was a way to do that. That appears not say the President has a right to pick conferee, and we have been disinvited to be the case. I think we still have somebody and say to that person: For and not allowed to attend any of the some distance between the various the rest of your life you will be a Fed- conferences with respect to the Energy thoughts about how one would craft eral judge. this in a way that is helpful to not re- That is not the way the Framers of bill. That is the wrong way, in my tard and not injure the buildout of the the Constitution described it. This de- judgment, to do business in the Senate. infrastructure for the Internet and, at scribed a dual role. The President shall It pretends as if one-half of the Senate the same time, be fair to State and nominate; the U.S. Senate shall con- doesn’t exist when you do that. local governments with respect to their firm—advise and consent. Even George Having said all that, I understand we revenue base and not be preempting Washington ran into some tough sled- don’t schedule the Senate; the major- the opportunity they need and they ding. Even George Washington lost a ity leader does. We find ourselves now would have, as they have always had, Federal judge in the Senate because in the first week in November, with a to tax certain services. So we continue they wouldn’t confirm one of George number of very important appropria- to try to talk and see if we can find a Washington’s judgeship appointments tions bills not yet completed, with sto- way to reach some kind of agreement or nominations. So it started with ries earlier in this week that the ma- on this definition. George Washington. jority may well want to put unfinished Now, I want to make an additional But when you talk about coopera- appropriations bills in another appro- point because I think it is important to tion, this Senate has provided extraor- priations conference and create an om- continue to make this point even as we dinary cooperation with this President. nibus bill, and bring it to the Senate as work on these issues. We have this We have confirmed 168 judges. We have a conference report so Members of the issue on the Senate floor today. I un- tried in every way possible to be coop- Senate would be prevented from offer- derstand why that is the case, because erative. We have the lowest vacancy ing any amendments to the legislation. this issue had a November 1 deadline rate in 15 years on the Federal bench. Well, that is not acceptable; it is not by which the moratorium on Internet Why? Because this Senate has worked the way to do business. I don’t know taxation expired. with the President to confirm 168 whether that is what is being planned. We have a responsibility to try to see judges. I can only tell you that is what I read if we can pass this legislation. So there I understand my colleague wishes me early this week, as described by some was a deadline with respect to this leg- to yield. I do so without losing my majority party aides, I guess they are islation. right to the floor. called. But there was a deadline on appro- The PRESIDING OFFICER (Mr. AL- In addition to the urgency of getting priations bills as well. That deadline LARD). The Senator from Arizona. appropriations bills completed, we are

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.034 S07PT1 S14244 CONGRESSIONAL RECORD — SENATE November 7, 2003 now told next week’s schedule will in- 168 of them have been approved; 4 have ceed to the consideration of the Com- clude 30 hours of debate on judges. Ac- not been. In the middle of this time, merce-Justice-State appropriations tually, there won’t be any business be- when time is so critical and the appro- bill. fore the Senate to debate; it will just priations bills are so urgently needed Mr. REID. Mr. President, reserving be an opportunity for the majority to be completed, the majority wants to the right to object, it is my under- party to ruminate for 30 hours about ruminate and vent for 30 hours in the standing that the distinguished major- how unfair it has been that 4 nominees middle of next week about the 4 who ity whip is going to announce there have not been approved by the Sen- have not been approved. will be no more rollcall votes. ate—4. Mr. President, 168 judicial I say, as my colleague from Nevada Mr. MCCONNELL. I say to my friend, nominees sent to us by the President has, I make no excuses for deciding not just as soon as he clears this. have been confirmed by the Senate, to support the nomination of Mr. Mr. REID. No objection. and 4 have not been. Yet you would be Estrada. I make no excuses for that. The PRESIDING OFFICER. Without led to believe by all of the information Mr. Estrada wouldn’t answer the ques- objection, it is so ordered. spewed out of this Chamber, from all of tions when asked by the Senate Judici- Mr. MCCONNELL. I, therefore, men- the political vents that exist here, that ary Committee. How do I know that? tion there will be no more rollcall somehow the Senate has just been un- Because the same day that he was a votes today. willing to approve judgeships. witness before that committee, the f We have the lowest vacancy rate on same day his nomination was consid- the Federal bench in 15 years. Why? Be- ered by that committee, a nominee for EXECUTIVE SESSION cause this Senate has been cooperative a judgeship in North Dakota was there with this President with respect to before the committee. That candidate judgeships. He has nominated and we from North Dakota, whom I sup- EXECUTIVE CALENDAR have confirmed 168. If next week they ported—and, incidentally, is a Repub- Mr. MCCONNELL. Mr. President, want to spend time, in a moment when lican—is a fine judge. I was pleased to there are a couple of items on the Ex- it is urgent to finish our work on ap- support him. He answered the very ecutive Calendar cleared. I ask unani- propriations bills, instead to talk questions put to him by that com- mous consent that the Senate imme- about the 4 judges who were not con- mittee that Mr. Estrada refused to an- diately proceed to executive session to firmed by the Senate, I want to come swer. consider the following nominations on to spend some time talking about the Mr. Estrada refused to answer ques- today’s calendar: Calendar No. 61 and 168 judges, including 2 from my State, tions. He and the administration re- 362. I further ask unanimous consent both Republicans, both of whom I sup- fused to release information that was that the nominations be confirmed; ported and was pleased to do so—I want requested. I have no reason to make that the motion to reconsider be laid to talk about the 168 judges we did con- any excuses for deciding to vote upon the table; that the President be firm. I want the American people to against Mr. Estrada. I wouldn’t have immediately notified of the Senate’s understand what our record is with voted for him and didn’t vote for him. action; and that the Senate then return judges. I am not apologetic about that. to legislative session. My colleague from West Virginia If next week in the middle of all of The PRESIDING OFFICER. Without knows about the Constitution, perhaps this urgency we are going to take 30 objection, it is so ordered. more than anyone in this Chamber. He hours and decide just to have the ma- The nominations considered and con- has studied it, he has lived it, and he jority party ventilate about the four firmed are as follows: carries it in his pocket every day. His who did not get approved by the Sen- FEDERAL ENERGY REGULATORY COMMISSION copy of the Constitution is one I enjoy ate, then I say—my colleague from Ne- Joseph Timothy Kelliher, of the District of seeing when he pulls it out of his pock- vada is here—I would like to be part of Columbia, to be a Member of the Federal En- et during debate on the floor of the a process that talks about the 168 Fed- ergy Regulatory Commission for the term Senate, because he describes it in vivid eral judges we did approve, all Repub- expiring June 30, 2007. detail and gives life to this fabric of lican incidentally—168 of them we did Suedeen G. Kelly, of New Mexico, to be a American Government. The Constitu- approve. We will get some pictures and Member of Federal Energy Regulatory Com- tion does not say the President has a get their story. I will talk about a few mission for the remainder of the term expiring June 30, 2004. right to put a man or woman on the of them. I hope my colleagues will as Federal bench for the rest of their well because the American people need f lives. That is not what the Constitu- to understand the story, and the story LEGISLATIVE SESSION tion says. The Constitution says we is not of the four who didn’t get ap- will provide lifetime appointments to proved by the Senate. The PRESIDING OFFICER. Under the judiciary in the following manner: The story is the lowest vacancy rate the previous order, the Senate will now The President shall nominate, and the in 15 years on the Federal bench be- return to legislative session. Senate shall give its advice and con- cause the Senate has moved forward on Mr. MCCONNELL. I yield the floor. sent. So there are two steps: The Presi- judgeships and because we have con- The PRESIDING OFFICER. The Sen- dent shall nominate and the Senate firmed judges sent to us by this Presi- ator from West Virginia. shall decide yes or no. dent and because we have succeeded in Mr. BYRD. Mr. President, has the There are circumstances where a that effort. That is the story next Pastore rule run its course for the day? President might say: I want to put week. If we are going to have 30 hours The PRESIDING OFFICER. It has someone on a very important Federal for the other side to ventilate about not. bench who is way outside the norm in the 4 who didn’t make it, I want 60 Mr. BYRD. Mr. President, I ask unan- terms of behavior, thought, or experi- hours to talk about the 168 we did con- imous consent to speak out of order for ence, or whatever; and the Senate has firm. such time as I may require. a right to say in that circumstance we Mr. President, I yield the floor. The PRESIDING OFFICER. Without are sorry, that is a person we are sim- The PRESIDING OFFICER. The Sen- objection, it is so ordered. ply not going to confirm, Mr. Presi- ator from Kentucky. f dent. Mr. MCCONNELL. Mr. President, I AN INFINITE MIRAGE AND A That is not terribly unusual. George wish to take a couple of moments to do BOUNDLESS FACADE Washington failed to get one of his a few items cleared on both sides. nominees confirmed—America’s first f Mr. BYRD. Mr. President, through its President. So it is not unusual for the shortsighted actions, this administra- Senate to say, no, this is not a can- UNANIMOUS CONSENT tion perpetuates an infinite mirage and didate we agree should be put on the AGREEMENT—H.R. 2799 a boundless facade. This administra- Federal bench for a lifetime. Mr. MCCONNELL. Mr. President, I tion hopes to fool the American people In most cases, the President has sent ask unanimous consent that at 1 p.m., into swallowing its wrongheaded poli- us nominees we are satisfied with, and Monday, November 10, the Senate pro- cies with no questions asked. These

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.038 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14245 policies have a superficial appearance I have spoken on this floor before re- that the final product will be but a of reality, but they are beyond com- garding my concern for this Nation’s patchwork of compromises that do not prehension—beyond grasp. They hover energy future. I have also addressed truly solve our urgent problems. like a mirage on the horizon. We are the Bush administration’s lipservice The Republican majority and the lulled into believing that if we just and corporate coddling, which is the White House have put together what stay the course, we will eventually sum total virtually of its energy pol- amounts to a ‘‘pig in a poke’’ energy reach some sweet, glorious watering icy. As a recent report from the Gen- bill that includes a number of items hole. However, the truth is that there eral Accounting Office concludes, the that remain enormously controversial is nothing tangible, nothing solid, Vice President’s national energy policy and that have little to do with building nothing with form or substance on the development group did not solicit a the bipartisan consensus essential for horizon. broad range of views. That group never the development of a national energy Regardless of whether it is Iraq or an sought to project future energy de- strategy. The legislation passed by this energy bill, one need only connect the mand or engage future sources of sup- Senate last year and this year has been dots to see that the same questionable ply. There was no plan with specific largely ignored. tactics are readily apparent. When the goals and objectives designed to ensure Now the majority is preparing to ram President announced to the world, ‘‘Ei- energy diversity. But the Bush admin- this hodgepodge through the con- ther you are with us or against us,’’ he istration insists it has an energy pol- ference, and we are being forced to alienated many potential allies abroad. icy. swallow it, hook, line, and sinker. This The administration uses the same pos- A lot of energy went into producing is no way to legislate and it certainly turing in terms of an energy bill. It is it, and it has expended much energy to is no way to develop such an important either the administration’s way or no get its bill passed. In fact, just before national policy. way, as it opposes any alternative ap- the lights went out in Manhattan, We cannot continue to conduct the proaches that do not fit into its little Cleveland, and Detroit, Vice President Nation’s business in this way. The black box. CHENEY was quietly working with the stakes are too high. Partisanship alone There was a horrible rush to pass the Republican leadership to void key elec- is threatening enough to our ability to Iraqi resolution in this body last year. tricity provisions that this body was develop comprehensive solutions to our This administration is using the same about to pass. energy problems, but it is not just par- tactics to dictate the terms of a very I say to my colleagues, all is not lost. tisanship that is reason for worry. It is bad energy bill this year. This facade is Help is on the way. While this Nation’s the utter contempt with which this all too obvious as the White House’s citizens were stranded and sweltering Bush administration apparently views only goal is to pass a bill seemingly re- in darkened subway tunnels in New the role of the legislative branch. gardless of its substance or lack there- York and without drinking water in As the General Accounting Office has of. Cleveland and Detroit, more rewards learned, this administration simply The administration’s national energy were being handed out. Yes, while the will not tolerate legislative inquiry. policy plan will do about as much to citizens of those cities suffered, the ad- This administration will not tolerate improve the Nation’s energy security ministration was very busy. While our fact-finding. Requests for information as the administration’s invasion of Iraq electricity system was in a shambles, are often simply denied. There is no has done to stem the tide of global ter- the Bush administration was eagerly room for debate, just dictums. We are rorism. In the past, the administration handing out hundreds of millions of not expected to stand on this floor and attempted to make a case that linked dollars in sole-source contracts to Hal- September 11 and Saddam Hussein. offer amendments. We are urged to sit liburton—have my colleagues heard of quietly, we are expected to sit quietly, These links have failed to materialize, that name before?—and Bechtel to re- but the administration is still trying and wield the rubberstamp. The people build Iraq’s water and electricity infra- of West Virginia did not send me here to make that link. Not one Iraqi was structure. Oh, the irony. to be a rubberstamp. I am certainly not among the hijackers of airplanes on Even more telling, in its statement a rubberstamp. September 11—not one. So it must be a of administration policy, the White Energy policy, in my estimation, matter of great chagrin to the adminis- House told energy conferees to trim drives so much of our economy and de- tration that it has been unable to bring the estimated $50 billion-plus cost of fines so much of our national pros- forth the evidence of that linkage. the energy bill because the pricetag perity and security that backroom bar- Predictably, the administration is was excessive. now attempting to make the same con- Let the American people hear this: gaining can threaten our Nation’s fu- nections between its national energy We can cut taxes for the rich, we can ture. policy and a comprehensive energy spend $21 billion just this year to re- The administration used numerous strategy. This link will also be proven build Iraq’s infrastructure, but the en- promises and assumptions to sell the groundless in the not too distant fu- ergy pricetag in the next decade at Iraqi war to the American people. We ture. home is too expensive. The truth is, re- were assured that the postwar con- For many years, the Middle East has gardless of its costs, the Bush adminis- struction would largely be paid for been a hotbed for a number of reasons, tration will never fully fund the pro- with Iraq oil revenues and the coopera- especially because of the Israeli-Pales- grams in an energy bill as the White tion of other nations—nations that got tinian conflict and the continuing U.S. House is too distracted by other so- the back of our hand. But the Presi- military presence in the region, but an called priorities. dent now tells us we cannot count on underlying reason for our continued The Center for Responsive Politics that money in the short term and the presence in the region is for the protec- reports that the energy industry gave American taxpayers will have to foot tion of our oil lifeline. We likely would more than $2.65 million to the Bush- the bill. not have such close ties to the Middle Cheney campaign in 2000. The oil and We are hearing the same type of rhet- East if it were not so important to our gas industry gave 68 percent of that oric now. We heard claims that the ad- economic base. Because of this teth- total. Not surprisingly, media accounts ministration’s energy bill would fix all ering, we are being pressured into pass- are ripe—ripe, I say—with stories of of our energy problems. I hope the ing an energy bill. Unfortunately, even the administration’s contributors who American people are smarter than that if this Congress passes the administra- have been tripping over themselves to because this energy bill is no panacea, tion’s prescribed energy bill, that will curry favors for their particular energy and it could very well turn out to be a do little, if anything, to reduce our de- interests. Pandora’s box. pendence on foreign oil. What about other groups? Were the We need a comprehensive approach to Instead of striving to disentangle interests of the State and tribal inter- our energy policy. What do I mean by ourselves from this foreign oil depend- ests, labor unions, consumer groups, comprehensive? A comprehensive ap- ency, the Bush administration seems and environmental organizations at proach fully integrates four funda- intent on sinking our military and en- the table? mental principles: energy security to ergy fortunes deeper and deeper into A lack of consensus on energy legis- encourage fuel diversity; fiscal sound- the hot sands of the Middle East. lation has rightfully raised concerns ness to increase economic growth and

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.041 S07PT1 S14246 CONGRESSIONAL RECORD — SENATE November 7, 2003 the efficiency of production; consumer clean energy technology exports. If velopment of this energy bill was pure- protections to guard against fraud, these and other key provisions are not ly superficial. Soon this Senate could market manipulation, and abuse; and included, why should I support such a be asked to vote on this legislation. environmental sensitivity to minimize flawed, misguided energy conference There is pressure to cajole Members to the impacts from wastes and emissions. bill? swallow hard and pass it. Despite some These are essential elements for any Furthermore, the administration has solid provisions, why should I be a comprehensive energy policy. These been seeking my support for its so- party to this boondoggle? elements must be fully integrated called FutureGen project, claiming A cherry-picked energy plan based on through a policy that is designed to this purported $1 billion, 10-year pro- soliciting big industry campaign con- maximize fuel diversity and efficiency posal would build one large powerplant tributions is a bankrupt policy. It of production while minimizing con- as an experiment to address climate takes this Nation nowhere, and it puts sumer abuse and environmental deg- change. My support for this project is our Nation’s future at risk. It is time radation. These elements could provide largely contingent on identifying the that the dots were connected. The a complementary path forward, but long-term resources for FutureGen and same pattern by this White House con- this Energy bill is a significant detour. knowing that it will not erode other tinues to repeat itself. That pattern is With these guiding principles in critical energy programs. So I have to statements of policy that build on infi- mind, we must then begin to make the say that, if the administration is ex- nite mirages and boundless facades. hard choices. We must develop a truly pecting my support for FutureGen, I yield the floor. strategic plan. Planning requires that then, in coming years I expect that the I suggest the absence of a quorum. we decide how much, to what extent, administration will support my cli- The PRESIDING OFFICER. The and when actions must be taken. It re- mate change and international tech- clerk will call the roll. quires the development of criteria so nology transfer provisions as well. If The assistant legislative clerk pro- the progress can be measured. the administration is still around. ceeded to call the roll. For the past three decades, the Global warming is an Achilles’ heel Mr. DEWINE. Mr. President, I ask United States has struggled to find and for this White House—one among other unanimous consent that the order for secure its energy future. Administra- Achilles’ heels. The President has the quorum call be rescinded. tions since Richard Nixon have been shown no desire to address this prob- The PRESIDING OFFICER. Without trying to craft a sensible energy policy, lem in an energy bill or anywhere else. objection, it is so ordered. with some small successes, but mostly In the end, the President would dear- f with little significant progress to show. ly love a showy Rose Garden ceremony All too often, America’s energy agenda in which to sign an energy bill and MORNING BUSINESS has shifted—lurching first in one direc- thus have a 2004 campaign press release Mr. DEWINE. Mr. President, I ask tion, then in another. The net effect to tout its so-called success. But, given unanimous consent that there now be a has been that the Nation has grown this administration’s track record, an period for morning business with Sen- more and more dependent on foreign energy bill would simply be another ators speaking for up to 10 minutes oil, making America’s energy security empty soapbox for the President to each. increasingly vulnerable to manipula- stand on to announce a bankrupt deal. The PRESIDING OFFICER. Without tion and terrorist attack. I say, where have we seen that be- objection, it is so ordered. This Nation has not had a serious, fore? While the Congress has passed f thoughtful energy strategy or a com- bills and supported the Bush adminis- HONORING OUR ARMED FORCES prehensive set of energy policies for a tration’s rhetoric, the necessary re- long while. Too often, the Government sources to carry all this out never ma- Mr. DEWINE. Mr. President, I rise has, instead, reacted to shortages, dis- terialize. today, in the few days before Veterans locations, and various energy crises. The American people deserve much Day, to pay tribute to one of America’s For example, the Government has tried better than this. As the blackout of and one of Ohio’s fallen sons. Twenty- to control oil and natural gas prices, August 14 vividly demonstrated, this seven year-old Army Specialist James which only served to exacerbate supply Nation’s energy system—which is the Christopher Wright, who served in the shortages. For a period of time, one ad- lifeline of our economy and national 4th Battalion, 42nd Field Artillery ministration tried to prohibit the use security—is on life support. As we Regiment, of the 4th Infantry Division, of natural gas and forced the use of struggle to define and implement a na- passed away on September 18, 2003, coal for power generation. Two decades tional energy policy needed to address while trying to secure a hostile area later, another administration discour- these issues, we again find ourselves on near Tikrit, Iraq. aged the use of coal and Federal prior- a collision course. James Wright—known as Jimmy by ities shifted to the increased use of We need a new framework based on a his family and friends—was from Delhi natural gas. Today, the Nation finds consistent and cohesive set of policies. Township, OH. In the early 1990s, he itself caught in what Federal Reserve But we must recognize that we must graduated from Oak Hills High School Chairman Alan Greenspan calls ‘‘the get to that critical juncture. This new and Diamond Oaks Vocational School. gas trap.’’ framework must be designed to Growing up, Jimmy was a fun-loving The energy bill soon to be before this strengthen the law, not gut it. Most kid. Friends say he was always ready Congress is primarily another reac- importantly, as we approach this cross- with a smile or a joke. He could make tionary effort. While there may be roads, we must seek to fully integrate any situation seem comfortable. some strong trees planted, it is by no our energy and environmental policy He could put people at ease. means a healthy forest. From past en- goals and objectives in a complemen- Christina Schwaller, who attended ergy efforts, only a few actions, such as tary way. Oak Hills High School with Jimmy said creating the Strategic Petroleum Re- We were told we had to rush into Iraq that he was ‘‘very outgoing and lov- serve and the Clean Coal Technology to contain Saddam’s WMD programs. able, very much the clown. He was al- Program, have proven to be truly far- Now we are being told this energy bill ways laughing—you never had a bad sighted. I fear that most of this energy will reduce our dependence on foreign moment when he was around.’’ bill will continue a business-as-usual oil, counteract increasing fuel prices, Jimmy also loved cars. It’s a love he approach. and do so many other things. shared with his older brother, Eddie. Furthermore, we must, once and for Americans should not be fooled. They When Jimmy was still in high school, all, realize that our energy and climate will not. There are few, if any, bench- and Eddie had just graduated, they change policies are two sides of the marks or yardsticks from which we can bought low-riding pick-up trucks and same coin. Yet we are doing little, if truly chart our progress. Sadly, such spent hours upon hours outfitting anything, to address seriously these milestones are anathema to this ad- them. In Iraq, Jimmy was the proud critical links. This energy bill includes ministration. At the same time, we driver of a Humvee. Today, Eddie nothing substantial to address either have squandered a huge opportunity. drives a Porsche with a memorial to global climate change or advanced The bipartisan cooperation in the de- his brother painted on the front hood.

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.044 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14247 In 1996, Jimmy enlisted in the Ma- I thank the Chair and yield the floor. the words, ‘‘I love you Mrs. Penisten.’’ rines and served four years. In that Mr. ALLARD. Madam President, But now instead of a wedding his two time, he toured in Bosnia, Greece, and today, I rise to honor recently fallen families will be attending a funeral for Italy. Jimmy felt strongly about serv- soldiers in Iraq and to recognize the this fallen hero. ing our Nation. He had a deep, abiding mission these men and all Fort Carson This attack represents another exam- sense of duty—something he learned soldiers have been accomplishing since ple of the cowardice and terror tactics from his family. His father, Edward, the conflict began. employed by Saddam loyalists and the served in the Army for 20 years and did This past Sunday the State of Colo- foreign insurgents intent on our failure two tours in Vietnam. He learned from rado lost four of its courageous army to bring peace and freedom to Iraq and his family about sacrifice and service. warriors when a Chinook helicopter as- the region. After his tour with the Marines was signed to the 12th Aviation Brigade and They will not succeed. Both the over, Jimmy decided to settle down for attached to the 3rd Armored Cavalry American troops and the Iraqi people a short time in Delhi Township and Regiment crash landed outside of are working hard to make the country later Waco, TX, with his wife, Alina, Baghdad. These were brave and loyal better. Everywhere you turn, the mes- whom he had met when they were both soldiers defending the principles of sage is the same. The Iraqi citizens are stationed at Fort Bragg in North Caro- freedom and liberty and fighting the happy to have us there and our troops lina. She, too, had been a Marine. As terrible war against tyranny and ter- understand why we must be there. they were settling in to their new civil- rorism. Whether you count the social programs ian life, the world turned upside-down This helicopter was shot down in the being worked by our soldiers, the re-en- with the tragic terrorist attacks of single deadliest attack on American listments of our Fort Carson soldiers September 11, 2001. Once again, Jimmy troops since the war began. This attack or the over all morale of the troops, and Alina felt the familiar pull of killed a total of 16 troops and injuring the message is clear. We are committed duty—duty to the victims of Sep- another nineteen. It was transporting and will not quite until our task is tember 11th, duty to their families, the troops to Qatar. Some were headed done. duty to our country. Alina remembers home for leave while others were get- Jimmy saying then that ‘‘it was time Some of these troops have been in ting much needed rest before returning the country since before Christmas of to put the uniform back on. He to Iraq to wage peace and rebuild the couldn’t just sit back and not do any- last year. This deployment and combat country after more than twenty years environment could easily destroy mo- thing.’’ of neglect and oppression. Jimmy and Alina both enlisted—this rale and incentive to re-enlist. That is As I learn more of the four men from not so for these fine soldiers of Fort time into the Army. Jimmy was de- Fort Carson who lost their lives, my ployed to Iraq on April 1, 2003. Three Carson. heart swells with pride. I am very Even through Sunday’s disastrous weeks later, he learned that his wife proud of the commitment and sacrifice was pregnant with a baby boy whom loss, the spirit of Fort Carson stays these soldiers gave to our country and strong. The executive Officer for the they named Jamison Edward. Five our way of life. Yet, I am also sad- months later, Jimmy Wright gave his 3rd Armored Cavalry, said after losing dened. I am deeply grieved knowing his four men, that, ‘‘morale is saddened life fighting to secure the safety and that for each of the brave souls have a freedom of the Iraqi people—fighting to and humbled but we remain resolved to family left behind. continue the fight.’’ secure a peaceful world and future for It is a somber realization that some his unborn son. As his brother Eddie parent or spouse will receive the worst The unit’s 5,000 soldiers serving in said, ‘‘When Jimmy died, he was doing possible news. Men in dark green uni- Iraq don’t have time to be horrified or something he loved. I’m proud of my forms will show up to explain the mourn the dead. They have a job to brother. He’s a hero.’’ unexplainable. As honorable as this do.’’ He received the Bronze Star, the Pur- task is, no one from the army can com- He added that they were obviously ple Heart, the Armed Forces Services fort the families of Specialist Darius saddened by the events but ‘‘we are sol- Medal, and the Good Conduct Medal. Jennings, Specialist Brian Penisten, diers, cavalry troops and have to exe- Specialist James C. Wright did not cute the mission given to us.’’ have to re-enlist. He did not have to Sergeant Ernest Bucklew or Staff Ser- geant Daniel Bader. These were good There has been plenty of discussion fight and die for us and for his son, lately of America’s resolve and com- Jamison Edward. But he did. As Rev- men and proud Americans who were pausing briefly in their duty to im- mitment to seeing this through. Let erend Thomas King said at Jimmy’s me tell you that the men and women memorial service in Ohio, ‘‘Jimmy prove the conditions in Iraq and fully expected to return soon to rejoin their serving in Iraq are not confused and knew the dangers he faced, but he know how committed this country is to never backed down.’’ He felt it was his units. This tragedy is magnified when you ensuring that democracy flourishes in duty—his calling—to serve. He believed Iraq. in what he was doing—in what he was learn of the stories behind these young men and the lives they left behind. The men and women of the 3rd Ar- fighting for. He wanted his son to live mored Cavalry Regiment are still in a world without terrorism—a safe Sergeant Dan Bader was returning to Fort Carson to see his wife and four- fighting the war on the Syrian border world—a world of freedom and liberty but that has not deterred them from and hope. teen-month-old daughter. Last spring performing great measures for the Pliny the Elder wrote that ‘‘hope is he tearfully kissed his wife and child Iraqi people. The 3rd Cavalry helped re- the pillar that holds up the world.’’ goodbye and deployed for Operation Jimmy was a man of courage, of love, Iraqi Freedom promising to return build a town’s schools and hospitals of duty—and his broad shoulders of soon and was ever more eager to see his with the help of the local mayor and hope will continue to hold up the world daughter grow with each passing day. town council. safely above our heads. He was a towering man of six foot Another program brought bookbags He will continue to be that pillar as three who was not afraid of anything. full of school supplies to over 200 local we remember his life—as we remember He fought for his family, for his unit youth. This is a sharp contrast to the how he followed his heart, lived a life and for America. His daughter will Hussein regime who did not provide full of love, and dutifully responded to grow up knowing her father was a hero basic education for all children. the call of his country. but not knowing her father. One of the American commanders Left to cherish and honor his life are Specialist Brian Penisten was also said ‘‘most people in the communities his wife, Alina; his unborn son, coming home but he was coming home here are peaceful and just want to re- Jamison Edward; his parents, Edward to start a new family. He was coming sume moral lives but the actions of the and Barbara; his two brothers, Eddie home to his fiance in Pueblo, CO so aggressors place them in a position and Mark and their families; and his they could get married this month. He where they feel they can’t publicly sup- grandmother, Josefa Wright. Let me called her before heading to the heli- port coalition forces.’’ And the Iraqi say to all of them that you all remain copter and told her everything was mayor said ‘‘we are very grateful for in my thoughts and prayers. okay and ended the conversation with what they have done.’’

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.047 S07PT1 S14248 CONGRESSIONAL RECORD — SENATE November 7, 2003 Fort Carson has retention goals that with no force deployment will not dis- Actually, maybe they do know this, it must meet to fulfill its mission. This suade them. What will convince these but they’re willing to look the other is true during war as well as during international thugs is a commitment way at the misguided request of big times of peace. Fort Carson has de- to stand firm in our responsibility and polluters. ployed over 12,000 troops to Iraq since not second guess our actions when There is a reason we have a Clean Air last year. That constitutes 80 percent things get difficult. Act. To protect human health and the of its troops. Men and women from the I stand today to honor these four environment. I can not imagine any 3rd Armored Cavalry Regiment, 3rd fallen soldiers, each of the injured, and member of Congress or any elected or Brigade Combat Team, 10th Special all of the men and women of Fort Car- appointed official that would say that Forces Group and 7th Infantry Division son. Your commitment and sense of we don’t need a Federal Clean Air Act. have all supported Operation Iraqi duty is a commendable example to all But this administration is getting Freedom. Americans. I salute Fort Carson and close to that point. Surprisingly, though the 3rd Ar- everything the soldiers stand for, so let I want my colleagues to know that I mored Cavalry is still deployed in Iraq, this body recognize SP Darius Jen- will be vigilant in pointing out places the unit has not only reached its reten- nings, SP Brian Penisten, SGT Ernest where this administration is at war tion goals, it has greatly exceeded Bucklew, SSG Daniel Bader and all of with the Clean Air Act. And they are them. In the last quarter of this past Fort Carson left to carry on the fight numerous. year 294 soldiers re-enlisted while the and more importantly carry on the I plan to work vigorously to defend objective was 129. This unit is retaining peace. the Clean Air Act throughout my ten- almost three times its goal for that pe- I suggest the absence of a quorum. ure in this body. I will not bend on riod and for fiscal year 2003. Over the The PRESIDING OFFICER. The this. I will fight efforts to undermine year, the regiment had 834 soldiers re- clerk will call the roll. the act in the energy bill, in appropria- enlist though the goal was 554 reenlist- The assistant legislative clerk pro- tions bills, in any venue that members ments. ceeded to call the roll. may look for an opportunity. It is clear to me that the soldiers Mr. JEFFORDS. Mr. President, I ask Mr. President, 32,000 or more people who are laying their lives on the line; unanimous consent that the order for are dying every year due to power they are committed to this cause; and the quorum call be rescinded. plant pollution. This is not a new num- we need to follow their lead. Secretary The PRESIDING OFFICER (Mr. ber. It was first reported in the year of State Colin Powell, while leading ENZI). Without objection, it is so or- 2000 and is based on reliable, peer-re- the first gulf war, said that the truly dered. viewed science. That is a crisis by any- great leaders were also great followers. f one’s definition. It is a call to action. We in the Congress need to follow the But, instead of taking urgent steps or AIR QUALITY AND THE BUSH lead of men and women from Fort Car- really any steps at all to control that ADMINISTRATION son and commit to this cause. We must pollution, this administration has not waver when it is politically correct Mr. JEFFORDS. Mr. President, I given the dirtiest, oldest power plants to do so, when the elections are near, stand here to raise some questions and a permanent exemption from installing or when the costs are high. issues of importance. modern controls that would cut mil- The cost of failure is greater than There are so many difficult problems lions of tons of pollutants. any supplemental bill brought forward that Americans must face every day. Not only will this administration not to this body. The cost of failure is im- These include crowded roads, finding force these power plants to cut pollu- mense. The cost of failure will be real- adequate and affordable health care, tion in the future, but they announced ized not only here but through out the getting a good education for their chil- earlier this week that they would no Arab world. Iraq is a unique oppor- dren, and improving their economic longer penalize those power plants and tunity to show that freedom and de- situation. refineries for violating pollution limits mocracy can flourish in the region. I believe our constituents want and in the past. This mission is that important. should expect the Federal Government This reversal is stunning and unprec- Any loss of life is tragic and we must to do whatever is possible to minimize edented, to my knowledge. Just weeks reflect on the ultimate sacrifice we ask these burdens with minimal intrusion. ago, we were assured that the adminis- of our soldiers, sailors, airmen and ma- I also believe that Americans want to tration would continue to prosecute rines when we send them into harm’s trust that the government is working polluters who violated Clean Air rules way. We always hope that every person to protect them from involuntary risks in the past. Now they are saying let’s that deploys to a war zone will return or dangers that will affect their lives, just pretend nothing bad ever hap- home to their parents, wives, children like defective products, unfair trade pened. and community. Today we have four practices, and corporate fraud. That is like saying, ‘‘Let’s pretend families who will be met by the dark Or, perhaps one of the public’s great- that the thousands of lives shortened green uniforms that they all dread. est expectations about such risks is by increased pollution from those ille- We can never bring SP Darius Jen- that the Federal Government will ef- gal activities don’t matter.’’ nings, SP Brian Penisten, SGT Ernest fectively stop pollution that would The combined effect of the change in Bucklew or SSG Daniel Bader back to shorten lives, put people in the hos- rules and the evisceration of enforce- their families alive. As much as we pital or otherwise harm their quality ment cripples the Clean Air Act. would want, that is not possible. What of life or their earning power. Not to This Bush administration is trying to Fort Carson is doing is ‘continuing the speak of cancer or developmental dam- unilaterally reverse the great progress fight’ and that is exactly what this age that might occur to their families. in air quality that we have made due to Congress and this country needs to do. It is my duty, as a Senator from the bipartisan agreement in the We need to continue the fight even Vermont and as the ranking member of amendments to the act passed in 1990. when that means more money appro- the Environment and Public Works I hope and will be working to stop priated, even when that means a new Committee to see that the Federal this reversal through the courts or by round of deployments to Iraq, Afghani- Government meets the public’s expec- other actions. stan or other yet to be determined hot tations. Sadly, it is my duty to say The so-called ‘‘clear skies’’ proposal spots, even if that means standing up that in this matter the administration that the Administration has advertised to the world community and demand- has grossly failed those expectations with taxpayer dollars is too little and ing they do their share. and has betrayed the public’s trust. too late. The war on terror is not going to be I am not here to simply be critical. I It puts off real reductions in smog won over night. The terrorists have am here representing those people, and acid rain causing pollutants from been honing their skills and will not those communities, those populations power plants for many years beyond quit because we ask them to. Surgical who are sufferring because this admin- what the public’s health demands. strikes to obscure targets will not istration refuses to acknowledge that It puts them off beyond what the deter them. United Nations resolutions air pollution causes illness and death. Clean Air Act could do right now if

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.020 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14249 only the Administration had the guts seeking another delay in the legal dures Act, Executive Order 12866, and all ap- to stand up to the polluters’ lobbyists deadline to control mercury and other plicable settlement agreements. News ac- and use the act constructively. air toxics. As it is, this deadline is al- counts suggest that the rule is being written At the same time that the Presi- to include an arbitrary reduction require- ready many years later than required ment and compliance date that are not jus- dent’s proposal defers any real and sig- by the Clean Air Act. tifiable given the Clean Air Act’s specific nificant reductions in pollution, it im- The PRESIDING OFFICER. The Sen- language, and in a manner that may not mediately suspends or cuts back on the ator’s time has expired. produce a defensible proposal. important parts of the Clean Air Act Mr. JEFFORDS. Mr. President, I ask The Clean Air Act Amendments of 1990 re- that work right now to protect local unanimous consent to have an addi- quire EPA to promulgate national tech- air quality from upwind sources and to tional 5 minutes. nology-based standards for utilities that The PRESIDING OFFICER. Without emit hazardous air pollutants, if deemed ap- push emissions control technology for- propriate and necessary by the Adminis- ward. objection, it is so ordered. trator. After many years of Agency delay on By the agency’s own analysis of clear Mr. JEFFORDS. What is surprising is that utility MACT standards rule, a settle- skies in the year 2020, hundreds of coal- that anyone who has children would ment agreement was entered into between fired units representing tens of thou- consider such a delay. Mercury, much EPA and environmental organizations. The sands of megawatts, will still be oper- like lead, can cause significant neuro- settlement agreement required EPA to sign ating without modern pollution con- logical and developmental damage to a determination of whether regulation of trols. fetuses when a mother consumes nor- utility HAP emissions is appropriate and mal quantities of fish. It can also in- necessary, and to follow a positive deter- This means that people downwind of mination with a proposed and finalized rule, those plants will continue to suffer in crease the risk of heart, kidney and by dates certain. Pursuant to that settle- communities across the nation, in 20 or liver effects in adults. The National ment agreement, as last modified in Novem- more states like Alabama, Colorado, Academy of Sciences has documented ber 1998, EPA Administrator Carol Browner Delaware, Florida, Georgia, Illinois, In- these risks well. Let me repeat that. finally made a regulatory determination in diana, Iowa, Kansas, Kentucky, Mary- The National Academy of Sciences has December 2000 that it was appropriate and land, Michigan, and on. documented these risks well. necessary to regulate utility HAP emissions This just does not make sense. The However, in case the mothers and fa- through the MACT regulatory process. Under thers who are considering extending this agreement, EPA must now publish a administration’s proposal still leaves proposed utility MACT rule by December 15, many many plants uncontrolled 18 this deadline or proposing ineffectual 2003, and a final rule by December 15, 2004, years from now. rules, I have joined with 12 other Sen- with the compliance date set for December It defies the imagination that we ators in sending a letter to the Office of 2007. won’t ask those power plants to use of Management and Budget and the In general, the Clean Air Act Amendments modern controls for a minimum of EPA. The letter explains their legal of 1990 require EPA to set a MACT standard eighteen years. The technology is and moral duties, in the event that that achieves the maximum degree of reduc- they have been forgotten. I ask unani- tion in emissions of hazardous air pollutants available now and it doesn’t cost that from all new and existing major and area much. mous consent that the letter be printed stationary sources, taking into consider- And yet, this delay in the President’s in the RECORD following my remarks. ation the cost of achieving such emission re- proposal and its suspension of parts of The PRESIDING OFFICER. Without duction, and any non-air quality health and the current Clean Air Act, will result objection, it is so ordered. environmental impacts and energy require- in more than 8,000 people downwind of (See exhibit 1.) ments. But, section 112 of that Act defines those plants dying prematurely every Mr. JEFFORDS. Mr. President, my MACT for new facilities as an emission year when compared to my bill, the inescapable conclusion, unless newly standard no less stringent than what is Clean Power Act, or to a vigorous im- confirmed Administrator Leavitt can achieved in practice by the best-performing change it, is that the Bush administra- similar source for which the Administrator plementation of today’s Clean Air Act. has emissions information. Existing sources I have been prepared, as I have noted tion does not care about the burdens are required, at a minimum, to meet the av- several times over the last 2 years, to that polluters lay upon the public. erage emissions of the best performing 12% work with the administration to work Perhaps the administration does not of existing units, though EPA can set a more on compromise legislation. My offer care about the deathly ill senior citi- stringent standard. Section 112 (f) also re- has been met with deafening silence. zens suffering from pollution-induced quires EPA to assess the remaining (i.e., ‘‘re- That is unfortunate for all those heart or lung disease, or the parents sidual’’) risks posed to human health within whose lives will be shortened, for the who are struggling to help their learn- eight years after the promulgation of MACT standards, and regulate sources of HAPs to additional acid rain that will fall, for ing disabled or physically handicapped child cope with everyday life, or the 150 provide an ample margin of safety to protect the asthmatic children who will suffer, public health. The EPA has moved respon- for the increase in global warming, for million Americans who are breathing sibly in the past to regulate mercury emis- the smog-blocking scenic vistas, and unhealthy air. sions from all major non-utility sources, for the new lakes and fish contami- Whatever their reasons, this adminis- leaving utilities as the largest source of mer- nated by mercury. But that silence is tration is making it harder to breathe, cury air emissions in the country. not unusual. to see, and to trust. According to data collected by EPA and I have come to expect that the ad- Mr. President, I yield the floor. presented to industry groups in December 2001, there are technologies available today EXHIBIT 1 ministration will not answer straight- to reduce mercury and other HAPs from util- forward questions or provide simple U.S. SENATE, ities in an efficient and economical manner. technical assistance. Washington, DC, November 6, 2003. In fact, EPA’s own analysis shows that sev- And I have come to expect that the Hon. JOSHUA B. BOLTEN, eral of today’s technologies can control mer- administration will not honor the Director, The Office of Management and Budg- cury emissions from coal-fired utilities by public’s or Congress’ right to obtain et, Washington, DC. 99% for new sources, and by 98% for existing documents and information on vital Hon. MICHAEL O. LEAVITT, sources, without subcategorization by coal environmental policy matters. Administrator, U.S. Environmental Protection type. The upcoming utility MACT proposed Agency, Washington, DC. rule must reflect this technological capa- So it was not a surprise to me that DEAR DIRECTOR BOLTEN AND ADMINIS- bility. Furthermore, given that this tech- EPA has refused to honor its promise TRATOR LEAVITT: We are writing to urge the nology is already available today, there is no to analyze the impacts of controlling Office of Management and Budget and the defensible reason to delay for any source the mercury emissions at various levels Environmental Protection Agency to pro- compliance date of December 2007, a deadline from powerplants. If they did a decent mulgate expeditiously a proposed rule to set mandated by both the Clean Air Act and the job, it would show that the Clear Skies maximum achievable control technology settlement agreement. proposal is weak and far less effective (MACT) standards to reduce utility emis- Section 112 (d) of the Act allows for subcat- than today’s control technology. To- sions of hazardous air pollutants (HAPs), in- egorization of the standard, but only by cluding mercury, as required by the Clean class, type, and size of source, assuming it day’s control technology—it is even Air Act. As you may know, this proposed does not result in a delay of the compliance worse than that. rule must comport with, at a minimum, the date. In other words, subcategorization is al- It is also not a surprise to hear ru- requirements of sections 112 and 307 of the lowable for physical differences in plant de- mors that EPA and the utilities are Clean Air Act, the Administrative Proce- sign. We are concerned that EPA may be

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.049 S07PT1 S14250 CONGRESSIONAL RECORD — SENATE November 7, 2003 considering subcategorization by coal type, pleting and distributing to the workgroup But here is where we are. As with which does not constitute one of these allow- the modeling analysis for group-specified most of our debates in the Senate, we able distinctions. Including such a subcat- mercury reduction scenarios. Further, we ex- have two valid principles in which egorization in the MACT rule would not be pect EPA to continue to work in good faith most of us believe: First is, no taxation legally defensible. to incorporate public comment on the proof Internet access. I have yet to run As you know, the Executive Order on regu- posal and finalize a thoughtful rule by De- latory review (No. 12866) enhances planning cember 15, 2004, while maintaining the De- into a Senator who really wants to tax and coordination with respect to new and ex- cember 2007 compliance date. To do any less Internet access. Virtually all of us are isting regulations, with the understanding would be legally indefensible, and would pro- willing to keep State and local govern- that the, ‘‘. . . American people deserve a long damage to the public’s health. ments from taxing Internet access. regulatory system that works for them, not It is well documented that mercury from I am a little bit of a purist on un- against them: a regulatory system that pro- utility air emissions endangers our health funded Federal mandates, with Wash- tects and improves their health, safety, envi- and environment by depositing into our ington politics telling State and local ronment, and well-being. . . .’’ In particular, lakes, streams, and oceans and bioaccumu- E.O. 12866 states that in deciding whether officials what to do, but the amend- lating in the fish we eat. The National Acad- ment which I have offered, and which and how to regulate, agencies should assess emy of Sciences has confirmed that fish con- all costs and benefits of available regulatory sumption by pregnant women can lead to Senator CARPER and others have joined alternatives. Further, in choosing among al- neuro-developmental damage in fetuses, and in, would ban State and local govern- ternative regulatory approaches, agencies that all other adults can be put at greater ment taxation of Internet access. should select those approaches that maxi- risk of heart, kidney, and liver effects. Due That is the first principle. We want mize net benefits, including potential eco- to this public health threat, 44 States now the Internet to grow. We don’t want nomic, environmental, public health and post advisories warning the public about the local taxation. We don’t want taxation safety, and other advantages, as well as dis- risks of fish consumption. Dozens of other that discriminates. tributive impacts and equity. toxic air pollutants are released in signifi- Despite that directive, we are concerned The second principle is, we don’t cant quantities from power plants as well, that EPA and OMB may not be considering a want unfunded Federal mandates. That including arsenic, cadmium, and lead, many full range of regulatory options that includes may be a little bit of a Washington of which are known carcinogens. The Clean accurate implementation of the Clean Air word, but most people know what it Air Act does not allow for promulgation of a Act, namely, a standard based on tech- rule on this matter that is ineffectual in re- means. It means Senators and Con- nologies available today that can achieve a ducing to the maximum extent achievable gressmen who come to Washington and 98%+ reduction in mercury emissions. We ex- the major HAPs emitted by utilities. pass laws and claim credit and send the pect the upcoming proposal to reflect what Thank you for your attention to this mat- bill to the school boards and Governors the law requires by offering either the most ter. We look forward to your prompt re- and mayors. Nothing makes local offi- stringent technology standard for public sponse. comment, or at least a range of options that cials madder. This Congress, to its Sincerely, includes this most stringent standard. We great credit, since 1995, has been very Jim Jeffords, Olympia Snowe, Joseph also expect that the regulatory impact as- resolved against unfunded Federal Biden, Ted Kennedy, Hillary Rodham sessment, as required by the Executive mandates. So we don’t want to tax Clinton, Jack Reed, Dick Durbin, Pat- Order, which accompanies the proposed rule rick J. Leahy, Susan M. Collins, Frank Internet access and we don’t want un- to include an assessment, and the underlying Lautenberg, John F. Kerry, Lincoln D. funded Federal mandates. analysis, of the costs and benefits (including Chafee, Charles Schumer. We haven’t found out how to put the reductions in other air pollutants such as Mr. JEFFORDS. Mr. President, I sug- two together. We have offered a solu- fine particulate matter) of potentially effec- tion. There are really two basic ones tive and reasonably feasible alternatives to gest the absence of a quorum. out there. Ours would be to just take the proposed rule that have been identified The PRESIDING OFFICER. The the current law, the current ban on by the public. clerk will call the roll. taxing Internet access or allowing We are also troubled that the Clean Air The legislative clerk proceeded to Act Advisory Committee established under State and local governments to make call the roll. the Federal Advisory Committee Act to ad- that decision, and extend it for 2 years, Mr. ALEXANDER. Mr. President, I vise EPA on development of utility MACT and then to make a change to minimize ask unanimous consent that the order standards has not received promised anal- discrimination between providers, pro- for the quorum call be rescinded. yses and has been inappropriately and viders being phone companies and the abruptly excluded from the regulatory proc- The PRESIDING OFFICER. Without cable companies. That is our proposal. ess. EPA worked with industries, environ- objection, it is so ordered. mental organizations, and State and local The proposal on the other side was to The Senator from Tennessee. create a much broader definition of agencies in the context of these FACA Mr. ALEXANDER. Mr. President, I workgroup meetings over a two year period. what we mean by Internet access which During these meetings, environmental ask unanimous consent to speak in would create a huge unfunded Federal stakeholders requested specific consider- morning business for as much time as I mandate and take away, we believe, ations and mercury reduction scenarios to be may consume. billions of dollars from State and local included in a model the Agency was devel- The PRESIDING OFFICER. Without government tax bases, cause them to oping. objection, it is so ordered. cut services or raise taxes on many The Agency promised to incorporate group f recommendations and deliver findings of this other things, and make it permanent. updated modeling to the workgroup by UNFUNDED MANDATES AND THE That is the proposal. March 4, 2003, yet the analysis was not avail- INTERNET TAX NONDISCRIMINA- Our argument is that our 2-year ex- able by that time. The Agency promised then TION BILL tension of the current law, with one ad- to share the analysis by April 15, 2003, yet justment to level the playing field be- the analysis was again not available, and Mr. ALEXANDER. Mr. President, Mr. tween telephone companies and cable EPA staff abruptly cancelled that day’s CARPER, the Senator from Delaware, is companies, is better for the country workgroup meeting, saying, ‘‘We will get on the floor. He may want to speak in than a permanent installation of a very back to you regarding a future meeting.’’ a few minutes. I have a few comments broad definition. So the issues are du- The utility workgroup was never able to I would like to make about the debate ration and definition. schedule a subsequent meeting with the we are having about unfunded man- The reasons for our amendment are Agency, and has still not received the mod- dates and Internet access taxes. eling analysis promised almost eight months these. One, we want to preserve the ago. This failure to deliver promised analysis First, I thank Senator MCCAIN, the original intent of the Congress. The is unacceptable, and the abrupt exclusion of chairman of the Commerce Committee, 1998 law was to keep the basic Internet stakeholder involvement is not good govern- who has been working very hard to access tax free. By that we mean, when ance. help bridge what is a fairly big philo- you hook up your computer to AOL, We expect the Environmental Protection sophical difference of opinion some of the intention is that that is tax free. In Agency and the Office and Management and us have, and I express my appreciation our amendment, even as the tele- Budget to propose utility MACT standards to the leader, BILL FRIST, because he on schedule. We expect that proposal will use communications industry moves more the best performing facilities as the guide in created some time today and last night on to the Internet, that would continue setting standards that obtain the maximum for us to debate and talk about the to be tax free. It is really a significant reductions achievable. We also expect EPA issues. I think we have made some infringement on State and local pre- to deliver on its promises by swiftly com- progress. rogatives to decide what taxes to raise

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.029 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14251 on their own. We want to make sure no banned under our amendment, just as worked hard to try to narrow it, still one will be able to tax e-mail or surfing it is today. Taxes on e-mail and basic raises the possibility many billions of the Web. We want to make sure that Internet access, banned, just as they dollars would be lost to State and local States don’t lose the bulk of their tele- are now. tax bases. In other words, we would be communications revenues. Those were So it seems to us our amendment is imposing a multibillion dollar un- our major goals. a good one. We are willing to continue funded Federal mandate on State and The opponents have raised many ob- to visit and talk with the Senator from local governments. jections to these ideas. They say the Virginia and the Senator from Oregon, We believe there is a better way, that Internet is so valuable that it should who have worked very hard and believe we can continue the ban on Internet not be taxed. Well, we don’t tax it any very strongly in this. But our argu- access, but do it in a way that mini- more than it is now. We don’t allow ments are, the Congress has promised mizes the unfunded Federal mandate. taxing any more than it is now. And it not to pass any more unfunded man- Because the leader asked us to, and we makes me wonder. I agree the Internet dates. We have made it a violation of want to, we will be working over the is valuable. I supported the first mora- the Budget Act to do so. We should re- weekend, and our staffs are meeting torium. But it is a grown-up business spect that as much as we possibly can. this afternoon. We will be working now. It is no baby in a crib. We had 3 No. 2, their proposal is potentially a early next week, and we hope we can years and then 2 years. Now we are huge unfunded Federal mandate which come to some agreement in a very talking about another 2 years. we have promised not to do. short period of time. The telephone is valuable. Television We believe our amendment is better I am grateful to Senator CARPER for is valuable. Airplanes are valuable. The at reconciling two valid principles: his leadership in helping us come up automobile was a great invention. We One, continuing the ban on basic Inter- with a sensible path in the future. I don’t tell State and local governments net access and, two, making an adjust- wanted to give that report on the sta- what to do about their tax policy for ment to create a more level playing tus of where we are. those businesses. The Internet is not a field between cable and telephone while Mr. CARPER. Will the Senator yield? baby in a crib anymore. It can at least making a minimum offense to the prin- Mr. ALEXANDER. Yes. afford to hire some of the most expen- ciple of unfunded Federal mandates. Mr. CARPER. Let me just say if I sive lobbyists; we know that. We also believe that a short term—a have provided leadership, I know the Then they talk about interstate com- couple of years—allows us to craft wise Senator from Tennessee has. I have en- merce, that we are messing around decisions about what is happening in a joyed the opportunity to work closely with interstate commerce when we rapidly changing technology, and with the Senator from Tennessee, Sen- talk about telling States what to do theirs would impose an inordinately ator VOINOVICH, Senator GRAHAM of about taxing Internet access. I read the broad definition of what we mean by Florida, and others on this issue. I re- Constitution again to make sure I was Internet access permanently or for an flect on the role we as Senators are right. Article I, section 8, says Con- unreasonably long period of time. trying to play in this and the disadvan- There was a letter sent around from gress has the power to regulate com- tage some of us operate from. The Pre- the Republican Policy Committee merce among the States, but it doesn’t siding Officer and I serve on the Bank- which asserted that the objective of ing Committee together. If the issue say exactly what to do about it. It the unfunded mandate law was to stop means Congress can impose limits. before us is like the Fair Credit Re- the Federal Government from imposing porting Act, we have a fairly good idea, They can do some things. affirmative duties or regulations on There is also another provision called using our background and experience, the States. It basically argues that the the 10th amendment which reserves all as to what is fair and reasonable; what Allen-Wyden amendment is not an un- the powers to the States unless they makes sense and what is good public funded mandate. All I can think is that policy. If the issue is energy policy, I are specifically delegated to the Con- that memo didn’t make it all the way think our background prepares us to gress. That is where the whole prohibi- through the vetting process. It argues make reasonably good judgments tion against unfunded Federal man- that the unfunded mandate law Con- there. dates came from. That is why, in 1995, gress passed in 1995 doesn’t apply to When we come to issues with respect this Congress passed as its first bill S. situations where the Congress might to the Internet and the transmission of 1 of the new Republican Congress, to say, for example, States may not col- information over the Internet, for a lot stop unfunded Federal mandates—Con- lect taxes on telephones and tele- of our colleagues—certainly this one— gress telling Governors and mayors and graphs. If we were to say that, that it doesn’t take long to get in over our school boards what services to provide would mean State and local govern- heads. If we are honest, I think most and how to spend their money. ments would be deprived of $20 billion will say that. In order to help us As long as we are allowing States to of their tax base next year, and they make decisions about taxation on tele- would have to raise taxes on food or through a difficult issue like the one phones and telegraphs and bus tickets medicine or income or property or we have now, whether there should be a and airline tickets and severance taxes, something else, or cut services. continuation of a moratorium on Inter- all of which are interstate commerce, I By the very plain terms of the Un- net taxes and in what form, and should don’t know why we worry so much funded Mandates Act of 1995, it in- it be extended, we have bright people about that. cludes both affirmative actions. For who work on our staffs, and we speak There is the assertion that we might example, when we pass a bill that says to people from the outside, whether be taxing broadband. That is Internet Memphis shall do thus and so for dis- they happen to be from the industry or service delivered by telephone and abled children but we only pay for half State and local governments, to round cable companies. We are really not tax- of the cost, that is one kind of un- out our knowledge. But it is still a dif- ing anything. We are trying to decide funded mandate. ferent result. whether we should write some rules for But according to the Congressional For this Senator—I suspect I speak what States should do. Broadband is a Budget Office and the plain English in for the other Senators here at this mo- wonderful thing. It is always just the 1995 law, it also includes the defini- ment—what I think we can maybe best around the bend. We want to it come. tion of direct cost of a mandate, ‘‘the do is figure out the fair thing to do. I What we have said is that except for amounts State and local governments always like to talk about the Golden grandfathered States that now tax DSL would be prohibited from raising in Rule, to treat others like I want to be Internet phone service, it can’t be revenues to comply with the mandate.’’ treated. I try to apply that even in this taxed in the next 2 years. We are just An unfunded Federal mandate also in- instance. If you look back to the 1995 trying to level the playing field for 2 cludes our telling the States you can- law Senator ALEXANDER talked about, years, as we take the current law and not raise revenues from these sources. the genesis of that law was Governors extend it for that period of time. If we think it is so important to do like he and I used to be, and even may- Multiple taxation would be banned that, we are supposed to pay that. ors in places like Gillette, WY, who under our amendment, just as it is I am afraid in this case the Allen- didn’t want the Federal Government to today. Discriminatory taxation is Wyden amendment, while they have tell them what to do and not give them

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.062 S07PT1 S14252 CONGRESSIONAL RECORD — SENATE November 7, 2003 the money to do it. Similarly, whether Here is where our divide is with our Mr. ALEXANDER. Mr. President, I you are a Governor or mayor, we didn’t friends, Senator ALLEN of Virginia and ask unanimous consent to speak as in much appreciate the Federal Govern- Senator WYDEN from Oregon. The ques- morning business for 5 minutes. ment coming in and saying we are tion is: Where do we prohibit the impo- The PRESIDING OFFICER. The Sen- going to take away your ability to sition of the tax? At what point? Start- ator is still under a unanimous consent raise revenues as you see fit and not ing with the consumer in his or her agreement to yield as much time as the make up for the shortfall. home, the business in its operation, all Senator wishes to the Senator from That sense of outrage sort of grew the way back up to the ISP, through Delaware. out of State and local officials, and the infrastructure to the backbone— Mr. ALEXANDER. Mr. President, as I eventually came here and compelled where does access to the Internet was listening to Senator CARPER, I was the Congress to take steps to enact the begin? We argue in our definition in thinking about what he just said. I be- 1995 legislation, banning unfunded our proposal the access begins between lieve I am right about this, but Senator mandates both under spending and on the provider, ISP, and the consumer, CARPER can correct me: What we are the revenue side. Today you cannot do whether a business or an individual. saying in our amendment is if the Sen- that. For the most part, Congress and Other colleagues, who have a dif- ator from Delaware or I hook up a com- the President since have done a good ferent view, have a much broader vi- puter to the Internet, our amendment job adhering to that law. sion of where the Internet access comes would prohibit State and local govern- What is before us now is how do we be from—much more expansive, and by ments from taxing that event; isn’t true to the spirit of the unfunded man- their expanded definition, they expand that right? dates law, not taking away the revenue the prohibition dramatically on what Mr. CARPER. I think the Senator base of the States and, at the same State and local governments can tax to has that right. time, trying to be fair to consumers. raise revenues. I think there is an hon- Mr. ALEXANDER. That would be People want to have access to the est disagreement here. We believe we true even if Internet access moved over Internet, whether residential con- should focus on what I call the last from the current way many people do sumers or businesses, and how do we mile. There are others who believe we it—and this is hard for people to under- manage to be fair to the businesses should focus on the first mile, all the stand many times—over to the cable or that are providing these services? I am the phone company; is that right as not going to suggest any of that either. way through the last mile. When we do that, we take for the States potentially well? If I could, we would have finished be- Mr. CARPER. Five years ago when fore this week and we would all be in a fair amount of revenue generation capability off of the table at a time when this legislation was written on the Wyoming, Tennessee, or Delaware, moratorium, I don’t believe DSL ex- doing other things. But we are not obviously they are hurting and they need every dime they can raise. isted. The idea of people accessing the there yet. Internet over broadband was not some- The hangup is, as the Senator sug- I don’t know if we can resolve this thing people thought much of. The idea gested, the moratorium that has been difference. I think we had a good hon- of accessing the Internet over wireless in effect for the last 5 years says you est go of it today. Senator MCCAIN is cannot access the Internet and add a trying very hard to broker some kind I don’t think is something we thought tax to somebody who has a monthly of agreement. We may be successful or we had the capability of doing. The internet bill. It says if two States or we may not. Ultimately, we may have world has changed. Mr. ALEXANDER. So from the point more want to tax in that transaction, to just vote. of view of the Federal Government you cannot do that. Multiple taxes are I say this to our friends who have a something you cannot do. The same different view than Senator ALEX- interfering with local governments, we legislation has said if there is a dis- ANDER, Senator VOINOVICH, the Pre- would be making a pretty significant criminatory tax somebody wants to siding Officer, and myself: We in Dela- interference there because we would be impose on Internet transactions, you ware have learned over the years to affording to the Internet access con- cannot do it. For example, Delaware make our State a real attractive place nection a protection that we didn’t af- has no sales tax. To say for a person to do business. If other States want to ford the telephone, that we didn’t af- who goes to the local book store and impose fees or taxes on services, and ford the telegraph, that we didn’t af- buys a book in Delaware that you don’t we are smart enough in my State to ford the purchase of food, the purchase have a sales tax, but if you buy that not do that and then go to the busi- of medicine—anything. If you hook up same book over the Internet, you have nesses that are maybe being mistreated your Internet, nobody can tax you. a tax imposed, that is a discriminatory by regulatory or tax policies in another That would be our proposal. tax. The law in effect for 5 years said State, and say, Come to Delaware; you The other point the Senator from you cannot do that. won’t have to put up with any of that Delaware is making—Delaware in par- What Senator ALEXANDER, Senator frankly, it has a good argument. ticular has done this—is, say, in the VOINOVICH, Senator GRAHAM, Senator In a variety of ways, financial serv- District of Columbia there was a big ENZI, and a number of others are seek- ices and other sections of our economy cable company or big phone company, ing to do is to simply say the law in ef- are stronger today because we have and the District of Columbia said: We fect for the last 5 years, which pro- chosen not to impose certain taxes or may not be able to tax the connection hibits those kinds of activities, stays fees. We have gone to sections of the between Senator ALEXANDER’s com- in effect. Because the world is changing economy and said: Look what we have puter, but we can sure tax the cable in the way people access the Internet, in our State. company, we can sure tax the tele- through broadband and DSL, which a I say to those who have a different phone company that provides that con- couple of months ago I could not even view than Senator ALEXANDER, Senator nection, and they raise the taxes to a spell, today turned out to be a key ENZI, and myself: Don’t discount the very high level for certain of these component of this debate. But how do competitive nature of States and how points along the Internet architecture. we change the old 5-year moratorium some of us will elect not to impose a I assume it is entirely possible the in a way that is fair, for instance, to tax on any of this business in an effort Governor of Delaware may ride the the baby bells, to their business inter- to be far more attractive to those train down to the District and say: The ests? What can we do that is fair and kinds of businesses as we go down the tax may be 20 percent, but come live will enable them to be competitive, road. with us in Delaware; come to our level the competitive playing field for I thank my colleague for the good State; we don’t have a right-to-work them. They have suggested that wheth- work he is doing and say to him how law; other States do; we don’t have an er you are getting your Internet serv- much I have enjoyed working with him income tax; other States do. We may ice from a cable provider or a tele- on this issue, clean air issues, and oth- have a higher corporate tax than other phone company, State and local gov- ers. I hope this is a harbinger of things States. States have these differences ernments should not be allowed to tax to come. all the time, and if one State gets out that access to the Internet, at least for The PRESIDING OFFICER. The Sen- of line, people leave, businesses leave, the end user. ator from Tennessee. elections are held and people are

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.064 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14253 thrown out of office. That is the way Internet access, would love to pay less for nesota and other State and local govern- we have operated the government for a Internet connections. ments each year for the cost of this new long time. But the question in the Senate isn’t wheth- mandate.’’ Don’t expect Congress to rush to embrace This is a nation that from its begin- er the Internet taxes should go up or down, or whether they should exist at all. The Senator Alexander’s amendment. But he has ning operated community by commu- question is whether the Federal government made a point that deserves serious consider- nity and State by State and has had a should tell States what they can and cannot ation. great aversion to central direction of tax. Alexander says it should not, and he is If the Federal tax ban becomes permanent, too many of these decisions. right. Tennesseans who want to eliminate State and local governments may have to Mr. CARPER. Mr. President, I say in Internet access taxes should contact Gov- come up with great amounts of tax money in response, that is the way States and ernor Phil Bredesen and members of the Gen- other burdensome and permanent ways that taxpayers will not like. competition—friendly competition— eral Assembly. have worked over the years, and if it Tennesseans elected Lamar Alexander to Mr. ALEXANDER. Mr. President, I the Senate because they believed he would believe the more Senator CARPER, Sen- worked in the last century, it is going exercise his own good judgment and act in to work out that way in this century as ator VOINOVICH, Senator ENZI, Senator the best interest of Tennessee. On this bill, GRAHAM, and I talk about this issue, well. he is. Mr. ALEXANDER. Mr. President, I the more people are coming our way. I ask unanimous consent to print in the [From the Chattanooga Times Free Press, look forward to continuing to work with other Senators who have different RECORD two editorials from Tennessee Nov. 7, 2003] views, and I hope we can come up with newspapers: One from the Tennessean IT’S ABOUT TAXES—YOURS a good conclusion to this that respects and one from the Chattanooga Times It’s not the kind of issue that generates Free Press. They just came today. lots of public attention or quick under- both principles: banning taxation of The last sentence in the Chattanooga standing. But when Senator Lamar Alex- Internet access and not imposing large Times Free Press article says: ander, R-Tenn., took the Senate floor this unfunded Federal mandates on State week to discuss it, he wanted to make sure and local governments. If the federal tax ban becomes permanent, everyone understood that the proposed Inter- state and local governments may have to I yield the floor, and I suggest the ab- net Tax Nondiscrimination Act involves ‘‘an come up with great amounts of tax money in sence of a quorum. unfunded Federal mandate’’—which could re- other burdensome and permanent ways that The PRESIDING OFFICER. The sult in State and local tax losses of $80 mil- taxpayers will not like. clerk will call the roll. lion to $120 million a year, that local tax- The Tennessean says: The legislative clerk proceeded to payers might have to make up. call the roll. Sen. Lamar Alexander is not voting to Some time ago, to promote development of Mr. ROCKEFELLER. Mr. President, I raise taxes. He is not trying to increase the the Internet and other electronic commu- cost of Internet access, nor is he advocating nications, Congress banned taxes on Internet ask unanimous consent that the order a new tax on e-mail. access until November 1, 2003, with some ex- for the quorum call be rescinded. Instead, Alexander is trying to protect ceptions to expire October 1, 2006. The bill The PRESIDING OFFICER. Without states from excessive control by the federal now before Congress would make those tax- objection, it is so ordered. government. Yet the conservative states- ing bans permanent. Since most people don’t Mr. ROCKEFELLER. Mr. President, I rights position the senator has taken on like any kind of taxes, why shouldn’t the ban rise today to support the amendment Internet access has been turned on its ear by be permanent? to be offered by my friends and fellow some of his critics. . . . Senator Alexander explained: ‘‘We are not former Governors, Senators GRAHAM, talking about the issue of whether to author- There being no objection, the mate- ALEXANDER, CARPER, and VOINOVICH. rial was ordered to be printed in the ize States to require out-of-State companies, The amendment is a very simple one. such as L.L. Bean, that sell by catalog or RECORD, as follows: Internet, to collect the same Tennessee sales Every Senator who is aware of the fis- [From the Tennessean, Nov. 7, 2003] tax’’ that local stores must collect. . . . cal crisis faced by States across the ALEXANDER’S PRINCIPLED STAND FOR STATE ‘‘That is an entirely different piece of legis- Nation, which I think at this point is CONTROL lation.’’ (We believe such legislation should virtually all States, ought to support Senator Lamar Alexander is not voting to be passed to provide more State revenue and this amendment, in my judgment. raise taxes. He is not trying to increase the thus avoid the necessity of imposing other The amendment simply says we cost of Internet access, nor is he advocating taxes on Tennesseans.) Senator Alexander ought to continue the current morato- a new tax on e-mail. continued: ‘‘What we’re talking about is rium on Internet taxes for another 2 Instead, Alexander is trying to protect whether Tennessee and other States can col- years, giving the industry additional lect a sales tax from an Internet service pro- States from excessive control by the federal time to reach out to new customers government. Yet the conservative, States- vider when it connects my computer to the rights position the senator has taken on Internet, just as it collects a sales tax from and ensuring that we do not undercut Internet access taxes has been turned on its the telephone company when it connects my States’ long-term ability to balance ear by his critics, many of whom are Repub- telephone or from the cable TV company their budgets, because there is an enor- licans. when it connects my cable.’’ mous relationship between Internet Congress placed a moratorium on Internet He said some senator seemed surprised taxes and State budgets. In fact, this access taxes in 1998. The few states, includ- when he suggested the proposed permanent amendment improves on the previous ing Tennessee, that had taxed Internet ac- ban on State and local taxation is ‘‘an un- moratorium by ensuring that con- cess before the moratorium were allowed to funded Federal mandate.’’ But, Senator Al- keep their tax. The moratorium officially exander insisted, it ‘‘is an unfunded man- sumers’ access to the Internet is tax- ended last week. date, plainly in violation of the Unfunded free. Regardless of the technology they Now the House has passed legislation co- Mandates Reform Act of 1995 . . .’’ prefer, be that DSL, cable modem, sponsored by Representative Marsha Senator Alexander said the Tennessee De- wireless phone, traditional dial-up ac- Blackburn that would make the moratorium partment of Revenue estimates that making cess, they would all be treated the permanent and would eliminate all exemp- the tax ban permanent would cost Tennessee same under this amendment. tions. In the Senate, Alexander opposes a many millions of dollars a year. With Ten- I know many of my colleagues are in- permanent moratorium. He points out that nessee finances already pinched, how would terested in providing a permanent mor- that amount be made up without new State Congress shouldn’t micromanage the finan- atorium on the taxation of Internet ac- cial affairs of cities and States. And he taxes? points out that the few States that are ex- So, said Senator Alexander, ‘‘I am filing cess, but I ask them to take a moment empt from the moratorium would lose be- tonight an amendment I call the Unfunded to consider the potential harm of the tween $80 million and $120 million in revenue Federal Mandate Reimbursement Act. If a bill we are debating today. if their exemptions end. That loss of revenue majority of the Senate should decide that Governors, State legislators, and would force the States to increase taxes else- banning State and local taxation of the mayors from across this country have where. Internet is important enough to create an called my office, and I would think the Up until last week, Alexander was one of unfunded Federal mandate—that is, claim offices of most Senators, to implore us several senators who had placed a hold on the credit up here (in Washington), but make not to pass the legislation. I under- the moratorium legislation, but he agreed to it be done down there (in Tennessee and lift his hold on the bill last week in exchange other States)—then my amendment would stand the moratorium envisioned in for a Senate debate on the issue this week. provide a way for Congress to pay the bill for this other amendment applies only to No one wants to pay more taxes. No doubt, that by authorizing our Department of the taxes imposed on access to the Inter- Tennesseans, who are already paying tax on Treasury to reimburse Tennessee and Min- net. However, our good intentions are

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.067 S07PT1 S14254 CONGRESSIONAL RECORD — SENATE November 7, 2003 not enough to ensure that this legisla- technology that connects with all As majority leader of the U.S. Sen- tion is properly applied and that the Americans and connects all Americans ate, as one responsible for preserving States are able to collect taxes on to each other. the integrity of this institution and other telecommunications services. In my home State of West Virginia, the direction of this institution, it is Technology, as you well know, is still we are still working hard to ensure incumbent upon me to make sure we developing. In the near future, the pro- that all our citizens will have access to address this matter properly, appro- viders of Internet services may offer the latest broadband technology, so I priately, and adequately. telecommunications services as part of am eager to support efforts that can In the aftermath of the war in Iraq, a premium package of technology prod- make the Internet more affordable and the failure thus far to find deployed ucts. Digital content presents addi- more available, including extending weapons of mass destruction is a legiti- tional challenges. I believe somebody the current moratorium for 2 years. mate matter for inquiry by this body, purchasing a new movie should be However, I cannot ignore my concerns this institution, for our colleagues. taxed on that, whether they download with the permanent moratorium we are After all, for nearly 10 years—through- the movie from the Internet provider asked to consider today. out the 8-year tenure of President Clin- or they purchase it from Amazon.com I urge my colleagues to join me in ton and the first 2 years of President or they walk over to Blockbuster and supporting this amendment which a Bush—the U.S. Congress and the White buy it off the shelf. As technology de- number of other former Governors and House were given a steady flow of in- velops and more and more options are I have put forward. formation by the intelligence commu- available to consumers, Congress will I yield the floor. I suggest the ab- nity that suggested such weapons did obviously need to revisit this issue of sence of a quorum. exist. what exactly falls within this morato- The PRESIDING OFFICER. The In fact, it was this information that rium since the technology changes so clerk will call the roll. precipitated, in 1998, the U.S. military often. The legislative clerk proceeded to attack Operation Desert Fox, ordered This amendment would protect call the roll. by President Clinton at that time, and, States’ rights to impose fair and equi- Mr. FRIST. Mr. President. I ask in part, Operation Iraqi Freedom, or- table taxes on products other than unanimous consent that the order for dered by President Bush in 2003. Thus, if there is incomplete or impre- Internet access. As a former Governor, the quorum call be rescinded. cise information that had been pro- I remember very well the difficulty of The PRESIDING OFFICER. Without vided to President Clinton or President financing critical State services. I was objection, it is so ordered. Bush and the U.S. Congress over a 10- Governor some 20 years ago, but we f year period, the intelligence commu- were having those troubles then. They POLITICIZING THE SENATE nity should be asked to explain. That is are much worse now. I worked hard with the State legisla- INTELLIGENCE COMMITTEE what the Intelligence Committee is expected to do; it is really charged by ture to achieve the right balance of Mr. FRIST. Mr. President, I want to this body to do; and that is exactly— taxes and spending. That was hard. I spend the next several minutes com- that is exactly—what Senator ROB- needed the maximum flexibility. It has menting on a matter that I regard, as ERTS, chairman of the Intelligence been some time now, as I indicated, majority leader of this body, to be one Committee, set out to do. since I was Governor, but over the last that is very serious. As is the case with Last spring, Senator ROBERTS, as a number of my colleagues, in fact, few years we have witnessed again how chairman of the Intelligence Com- most of the U.S. Senators, we have States often struggle to balance their mittee, made a commitment, jointly budgets and how, in fact, virtually been given the opportunity to reflect with Senator ROCKEFELLER, to conduct on the publication of a very disturbing every single State is going through a thorough review of U.S. intelligence internal memorandum, a memorandum that process. on the existence of and the threat It seems somewhat arrogant and un- that lays out a blatant, partisan strat- posed by Iraq’s weapons of mass de- fair for us as Federal legislators to per- egy to use the Senate Intelligence struction programs. manently limit the options available Committee to politically wound the The review was also intended to to States. I feel very strongly about President of the United States. cover Iraq’s ties to terrorist groups, that. I in no way want to disadvantage That is unacceptable. There is really Saddam Hussein’s threat to stability development of the Internet, but I no other way to read this memo. I am and security in the region, and his vio- want to respect the rights of other deeply disappointed that anyone—that lations of human rights, including the elected officials in West Virginia and anyone—would have a plan to so politi- demonstrated actual use of weapons of in other States, and I believe in that cize the Intelligence Committee of the mass destruction; namely, chemical strongly. U.S. Senate, to render it incapable of weapons against his own people. I believe a 2-year extension of the meeting its responsibilities to this in- The review was intended to examine moratorium is the best of all solutions. stitution, to the U.S. Senate, and, in- the quantity of information, the qual- It protects Internet access from State deed, to the American people. ity of U.S. intelligence, the objectivity, and local taxes for a while longer, as Moreover—I had hesitated to come to the independence, the accuracy of the more Americans get access to the bene- the floor to address this directly, but judgments reached by the intelligence fits of the Internet. It preserves for the now is the time to do that—the re- community, whether or not those judg- future the flexibility that State and sponse by those behind this memo has ments were properly disseminated to local governments need as they try to been miserably inadequate, has been policymakers in the executive branch, balance their budgets while providing disappointing, and has been disturbing. as well as to this body and the Con- for good education, improved infra- We are at a time of peril in our Na- gress, and whether any influence was structure, adequate police and fire- tion’s history. As our intelligence brought to bear on anyone to shape the fighting forces—all these things in this agencies and our Armed Forces in the analysis to support policy objectives. new age of terrorism. And it gives Con- Middle East are at war against our Thus, that was the initial charge and gress the responsibility and the oppor- mortal enemies, those responsible for what, in fact, has occurred over the tunity to revisit the issue, which is ab- this memo appear to be—and anybody past 5 months. The Intelligence Com- solutely key, in 2 years, as the tech- can read this memo. It is available mittee staff has reviewed thousands of nology evolves. now. The copy I have here is actually documents. It has interviewed over 100 Let me be clear. I strongly supported on the FOXNews Web site. But if you individuals, including private citizens the previous moratorium on Internet read it, those responsible for this and analysts and senior officials with access taxes because I recognized the memo appear to be more focused on the Central Intelligence Agency, with value of expanding Internet use to winning the White House for their the National Security Council, with more Americans. I believe Congress party than on winning the war against the Defense Intelligence Agency, with ought to do what it can to ensure the terror. the State Department’s Bureau of In- Internet becomes like the radio and the Those priorities are wrong. They are telligence and Research, and even the telephone and the television before it— dead wrong. United Nations.

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.069 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14255 It is indisputable the chairman of a time of war, and to launch a partisan He is a trusted colleague. He served in that Intelligence Committee, Senator investigation through next year to con- this body for 7 years, rising to that po- ROBERTS, has complied in good faith tinue into the elections. sition of trust as chairman of one of with the nonpartisan—the non- The memo lays clear that over the the Senate’s most respected, most im- partisan—commitment which he made past several months there has been a portant, most critical committees, es- to his Democratic colleagues. Most re- partisan design at work ‘‘to pull along pecially at this time of war. Senator cently, this nonpartisan commitment the majority.’’ According to the memo, ROBERTS, with his straight-talking was manifest, once again, in a series of the good will, the sense of fairness, the manner, has the complete trust of col- very direct, no-nonsense letters di- nonpartisan approach of the chairman leagues on both sides of the aisle. He rected to the administration, demand- of the committee, Senator ROBERTS, is served this Nation in uniform, in the ing the immediate production of docu- still seen as providing ample ‘‘oppor- Marine Corps, in the House of Rep- ments and interviews necessary to tunity to usefully collaborate’’ in at- resentatives. His integrity is unim- move the Iraq review forward. tacking the President of the United peachable. He is doing an outstanding Senator ROCKEFELLER, himself, for- States. That is an abuse of the chair- job as chairman of the Intelligence mally recognized, on the floor of the man of that very committee. This Committee. Senate, the fundamental good work whole idea of leading that chairman or But only with the fulfillment of the performed thus far when, on November the committee along is simply unac- three steps I outlined—No. 1, who 5, he stated on this floor, and I quote: ceptable and out of the spirit of this wrote it and who was the intended re- I have been vocal in my appreciation of the committee. Again, it is something we cipient; No. 2, a total disavowal of the absolutely excellent job done to date by the simply cannot tolerate. writing of this and, more importantly, staff on the aspects of the investigation they Finally, in the memo the author pro- the intent of this memo; and No. 3, an have been asked to perform, which is review- poses that once the committee can be apology to the chairman—will it be ing the prewar Iraqi intelligence. They have duped no longer, a partisan core of Sen- possible for this important committee done a superb job, absolutely superb job. ators can ‘‘pull the trigger’’ on another to resume its work in an effective man- The words of Senator ROCKEFELLER. investigation. ner, in a bipartisan manner, a manner The chairman of the committee, Sen- The Senate Select Committee on In- that is deserving of the confidence of ator ROBERTS, has acted with the ut- telligence simply cannot function. 100 Members in the Senate as well as most attention to that nonpartisan Worse than that, it cannot fulfill its the confidence of the executive branch. tradition of this critically important purpose for us without a complete un- In light of this partisan attack, Intelligence Committee. That non- derstanding of what is at work in this Chairman ROBERTS and I have taken partisan tradition—and it is unusual to matter. I thought it would come for- the opportunity to discuss the scope of have nonpartisan traditions in this ward over the last 48 hours, but it sim- the unfinished work on the review of body—but it has always been pre- ply has not. That is unacceptable. the prewar intelligence in Iraq. It is served, for good reason, in that Intel- Thus I suggest we take the following our view that the committee’s review ligence Committee. three steps. First, I don’t know who is nearly complete. Together we have The tradition is reflected in the com- wrote this memo, but as majority lead- called upon the administration to pro- mittee’s founding resolution, S. Res. er of the Senate, I do ask the author or vide the remaining requested mate- 400, enacted in 1976, as a result of na- authors to step forward, to identify rials. We have jointly determined that tionwide concerns at that time about himself or herself or, if there are sev- the committee can and will complete intelligence activities in earlier years. eral people, to stand up with that in- its review this year. The committee’s nonpartisan tradi- formation for the full Senate. We To the authors of this memo, there tion has been carefully cultivated and would be much better equipped to unwill be no more pulling along and no respected over time, over all these derstand the level of intent behind this more useful collaboration on partisan years, by its members. The tradition is partisan strategy as well as the depth schemes, borrowing from the malicious part and parcel of the committee’s of the problem within the committee intent of this memo. rules, which extend the prerogatives of itself. This must be addressed forthrightly. the minority, that are not found in any It is necessary to know who the I call upon my colleagues to pay atten- other committee in this body. memo was intended to go to, who was tion to this memo. It is something we For a quarter century there has been to receive that memo. It was obviously can resolve and we must resolve over a consensus in the Senate that the written as a strategy. Who was that the coming days. The PRESIDING OFFICER. The Sen- committee’s nonpartisan tradition memo to be delivered to? Was it in- must be carefully safeguarded. Nothing ator from Virginia. tended for political purposes beyond Mr. WARNER. Mr. President, I com- less is acceptable. Why? Because this what is permitted in the Senate rules? mend our distinguished leader for ad- committee deals with information that Second, it is reasonable to expect, I dressing this matter which is of ex- is unique, that is privileged informa- think—in fact, I know—that the author traordinary importance to the institution, because of the dangerous and sen- or authors and the designated recipient tion and indeed the United States. sitive nature of the subject matter for or recipients disavow once and for all I humbly say I have been privileged which the Intelligence Committee, this this partisan attack in its entirety. It to serve in this body for 25 years. I committee, has unique oversight. is hard to believe this disavowal has have been a member of the Intelligence I come to the floor because that crit- not come forward given what is at Committee in years past, 8 years; the ical tradition has now been willfully stake. The Senate cannot permit a last 2 of those years serving as the attacked. committee chairman with the integrity ranking member with Senator DeCon- How can I say that? By this memo. of Senator PAT ROBERTS to be sub- cini, who is now retired from the Sen- You read the memo. The Senate Select jected to such abuse. The Senate as an ate. I speak now as a former member of Committee on Intelligence has been institution should not permit a com- the committee and draw on those 25 harmed by a blatant partisan attack. I mittee upon which all of us are so de- years of my own experience. have no earthly idea who wrote this pendent—because of its privileged sta- I have never seen an incident of the memo. I do know why. I don’t know tus with access to information, we are level of seriousness to our very vital who it was intended for, but I do know dependent on that committee to make security interests in this country as why. If you read the memo, you can decisions—to be so misused or poten- this particular memo presents. I think look. It is a sequence of steps spelled tially misused for partisan purposes. our leader, in a very fair and balanced out. The sequence of steps proposed in Third, I expect there to be a personal way, has addressed the challenges. I this partisan battle plan for the com- apology to the chairman of the Intel- commend the distinguished chairman, mittee itself is without question in- ligence Committee, Senator ROBERTS, Senator ROBERTS, with whom I have tended to sow doubt, to abuse the fair- for the manipulative tone and the inju- served these many years in the Con- ness of the committee chairman, Sen- rious content of this document. Sen- gress and the Senate. ator PAT ROBERTS, to undermine the ator ROBERTS is one of this body’s most I conclude by saying, speaking for standing of the Commander in Chief at distinguished Members. He is a friend. myself and I think many Senators,

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.072 S07PT1 S14256 CONGRESSIONAL RECORD — SENATE November 7, 2003 with everything we do in this body write a memo saying: We have care- I strongly support what the majority today, I keep in mind the young men fully reviewed our options under the leader has said. I strongly believe that and women of the Armed Forces, wher- rules and we believe we have identified our fine chairman has not only gone ever they are in the world today, serv- the best approach. Our plan is as fol- the extra mile, he has gone the extra ing valiantly, most particularly in Af- lows. mile and a half. ghanistan and Iraq, and how the ac- I say that the occupant of the chair, Some on the other side said we have tions we as an institution take hope- and probably everybody else here, not been able to get the information we fully are in their best interest. would be totally stupefied if they got a want. When we have found we could I thank the Chair and the distin- memo from the staff that was supposed not get information, the chairman has guished leader. to be an option memo and said: This is demanded it and we are going to get it. The PRESIDING OFFICER. The Sen- our plan. This is not an accident. Days When they want to ask questions, they ator from Missouri. have passed and there have been no can do so. When they want to call wit- Mr. BOND. Mr. President, I thank consequences. If somebody was really nesses, they can call witnesses. our leader for bringing this matter to off base, there would have been some- There has been a suggestion that the floor. I join with the very distin- thing that would have happened. Some there was pressure on intelligence com- guished chairman of the Armed Serv- steps would have been taken. As the munity members. The chairman has ices Committee because that is what distinguished majority leader has gone out and asked publicly of the in- we really ought to be about. We ought pointed out, nothing has happened. Un- telligence community, if anybody has to be focused on winning the war fortunately, too many of the actions any information or concerns that they against terrorism, not allowing one of we have seen seem to fit right in with have been pressured, to come forward our primary, sensitive committees, the this plan. Not only are they not dis- and talk to staff. We have set up elabo- Intelligence Committee, to be focused avowing it, they appear to be preparing rate procedures so they can come for- on winning the White House. I can’t to implement it, or are in the process ward. We are still waiting. If we find say it any better than the Senator of implementing it. any of that, we will certainly let it out. from Virginia. We have heroic young What is this plan? Is it to find out In the meantime, it is time for us to men and woman in harm’s way fighting how the intelligence gathering could be get back to the job of the Intelligence to bring order to a region of the world better? Not likely. In addition to the Committee—how we can support, rath- where we have had many threats to our President’s State of the Union speech, er than tear apart, our intelligence- security. The least these brave men they say, they want to look at the ac- gathering system. It is with great re- and women could expect would be that tivities of the Office of the Secretary of gret we note that we have gone down our country and our Congress would be Defense, as well as Secretary Bolton’s this path and there doesn’t seem to be behind them. office at the State Department. They any remorse or disavowal from the Frankly, one of the reasons I sought want to go after political figures. other side. membership on the Senate Intelligence Somebody in my office said, ‘‘This I thank the Chair and yield the floor. Committee as a new member was I re- looks like a political witch hunt.’’ I The PRESIDING OFFICER. The Sen- alized that in this critical battle said maybe that is not a bad way to ator from Georgia. against terrorism worldwide, we can- characterize it. Mr. CHAMBLISS. Mr. President, I not win unless we have the best pos- They are going after political scalps, rise today, first of all, to ask that I be sible intelligence. not trying to find out whether the in- associated with the remarks of the ma- As I understand it, the job of the In- telligence that we received, the White jority leader, as well as the Senator telligence Committee is not only one of House received, the Department of De- from Virginia and my colleague from oversight but of taking a look and see- fense received, and the State Depart- Missouri, and to also pay a great coming what has happened in the intel- ment received was good, but how they pliment to the chairman of the Intel- ligence-gathering analysis and sharing can use the process of the Intelligence ligence Committee, Chairman ROB- in the past, how we can do a better job. Committee to win political points. ERTS, who throughout the past 10 Our staffs have been deeply engaged in By the way, when they talk about months has led the Senate Intelligence this exercise for many months. We ‘‘when we can pull the trigger’’—pull Committee through one of the most have followed it. We have had numer- the trigger on an investigation—they difficult, if not the most difficult, ous hearings. We have read some, but say the best time to do so will probably times in the history of the United not all, of the tens of thousands, per- be next year. States of America from an intelligence haps hundreds of thousands, of pages If I remember correctly, that happens community standpoint. that have come before us. We need, on to be a general election year. That Today, our men and women are fight- a bipartisan basis, to be able to find would seem to square with some of the ing a war that is unlike any war Amer- out how we can improve that intel- statements made by the many Demo- ica has ever been involved in before. ligence. cratic Presidential candidates who The intelligence community is playing One of the reasons the Intelligence want to raise questions, who want to a more high profile and much more Committee is so special is the tradition attack the President, using the process public role than ever before in the his- it has. The intelligence community of the Intelligence Committee. tory of our great country. Chairman members, whose lives are at risk be- One of the things that is really both- ROBERTS has been at the tip of the cause of what they are doing—often un- ersome is that they are not just speak- spear when it has come to providing dercover work, dealing with classified, ing to an audience in the Senate. When oversight in a bipartisan manner with sensitive subjects—have been able to they launch these attacks, these at- respect to the activities of our intel- come before the committee in the past, tacks get carried across the Nation and ligence community. knowing they could count on confiden- across the world. They get back to the Over the past week, he has provided tiality, professionalism, and on a body people we are trying to fight. Do you great leadership with respect to the that was not going to be using their know something? There is nothing a most sensitive issue that has taken words or their actions for partisan po- terrorist likes better than seeing dis- place in the short time I have been a litical gain. cord, disharmony, and political infight- Member of the Senate. We have seen a Unfortunately, when we first saw this ing among the people they are trying security breach unlike any other secu- memo, it looked as if there was some- to terrorize. That is one of the vic- rity breach I have ever experienced. body, or ‘‘somebodies,’’ in the Intel- tories of terrorists. If they can tie up As my colleagues have noted, the ligence Committee who wanted to use the intelligence-gathering operation, memo that has been referred to that it to win the White House. That is just which is so critical for the protection, was prepared by someone on the other unacceptable. Some people on the first and foremost, of our soldiers on side of the aisle—we have yet to find other side have said this is just an op- the front line, but ultimately our allies out who—was a blatant political at- tions memo tossed up for review. I have and ourselves—if they can see that tied tempt to impede what I consider to be been around here for a few years, and a up in a political Gordian knot, then an independent, nonpartisan review of staff person on his or her own doesn’t they know they are winning. prewar Iraq intelligence. America

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.075 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14257 should expect more from this Congress. good work that has been done by the repudiate or disavow the blatantly par- The Democrats in this body should ex- committee staff in a bipartisan way on tisan strategy laid out in the attack pect more from themselves as well as the Iraq intelligence review. That has memo. If they refuse, it seems to me, their staffs. been under review since the spring of then, that the Democratic caucus must The Select Committee on Intel- this year. Two days ago, I expressed an be prepared to accept responsibility for ligence was established to be non- interest in getting back to work in the destroying the Intelligence Commit- partisan in nature, in which Congress Intelligence Committee. Some Sen- tee’s 25-year, almost 30-year tradition could perform critical oversight of the ators across the aisle have taken this of effective nonpartisanship when the intelligence activities of the United sentiment as an expression of readiness country needed it most. States. This nonpartisan environment to simply close the book on this epi- I yield the floor. was, and is, a crucial feature. This non- sode and pretend like it never hap- The PRESIDING OFFICER. The Sen- partisan environment creates a crucial pened. They are mistaken. ator from Arizona. level of trust between the executive What has occurred in the Intelligence Mr. KYL. Mr. President, I first com- branch and the Senate, permitting the Committee was not a simple misunder- pliment the distinguished chairman of President to share sensitive national standing over policy or a mild dis- the Senate Select Committee on Intel- security information, with the con- agreement about philosophy or over- ligence, the Senator from Kansas, not fidence that the committee will pro- sight responsibilities. Far from it. only for the remarks he just made, but tect the information and not use it to What occurred was a direct assault on for the way he led this committee dur- engage in rank political misconduct. the heart of what makes the Intel- ing very difficult times, as has been We have seen just the opposite take ligence Committee a unique and cred- mentioned before. place with this blatant political attack ible and respected entity in behalf of I regret he has been criticized for the that comes from the other side in the our national security. It was a direct very acts of comity which are required form of this memo. assault on our concept of oversight of a chairman in a position such as this We can have our differences over that is the product of some of our for trying his best to accommodate the issues involving Iraq, and we have had country’s most trying days. It has members of the minority, trying his those differences, and we will continue functioned well, although imperfectly, best to be as open and as broad as he to debate issues such as weapons of for nearly 30 years. And now we find could possibly be in approaching the mass destruction. But no one in this ourselves at a crossroads, and, boy, is issues that have been brought to his at- body and no one in the intelligence this a road we didn’t have to take. tention by members of the minority, community ever expected a weapon of Unless and until this reprehensible even criticized, I have seen, in his own mass destruction to be dropped on the attack plan and strategy to derail the hometown press, his own press in Kan- Senate Intelligence Committee, as was committee’s important work is prop- sas for being too soft in dealing with done this week. erly addressed, I am afraid it will be the members of the Democratic Party I implore the leadership on the other impossible to return to business as in this matter. side of the aisle to follow the initiative usual in the committee. It is his job to bend over backwards, of the majority leader: examine what I remain absolutely stunned that just to make the Intelligence Committee he has said with respect to what needs one Member of the minority of the Sen- work in a nonpartisan fashion. I didn’t to be done from this point forward. I ate has disavowed this destructive say ‘‘bipartisan,’’ I said ‘‘nonpartisan’’ certainly hope the leadership on the strategy and said we are on the wrong because that is the way this committee other side of the aisle will do just what trail, said it would lead to a box can- was set up 25 years ago: to be a place they are charged to do, and that is to yon. That courageous Member saw it where politics could not intrude. provide leadership and come forward to for what it is: ‘‘A highly partisan and explain the purpose of this memo- perhaps treasonous memo.’’ Those are I don’t know how many people are randum, its intended use, and where his words, Mr. President. aware of where the Intelligence Com- they expect us to go from here because What really disturbs me the most is mittee works. It works in an area that otherwise, that weapon of mass de- that most Democratic Members just is secure. That is the phrase. There are struction that has been dropped on the haven’t remained silent about this out- special physical arrangements in the Senate Intelligence Committee is going rage; some of them have openly em- construction of this area in which the to impede our ability to function in the braced it. They have actually tried to committee works. It is literally a vault bipartisan way that is absolutely cru- make a silk purse out of this sow’s ear that you walk into, totally closed off cial if we are going to exercise our by dressing up their planned attack on from the rest of the world, obviously oversight role in the intelligence com- the Intelligence Committee as some because we don’t want any electronic munity. kind of frustrated cry for help from surveillance or other means of inter- I yield the floor. their committee staff. That is not cepting what is said within the con- The PRESIDING OFFICER. The Sen- going to wash. fines of this secure area. ator from Kansas. Democratic reaction to the attack It could also be a metaphor for its lo- Mr. ROBERTS. Mr. President, I rise memorandum is as destructive as the cation in this very political city be- to reinforce the very serious concerns strategy itself. We face mounting intel- cause there is a lot of politics in Wash- just raised by the distinguished leader ligence challenges in places such as ington, DC. We all understand that. and my colleagues, and I thank them North Korea, Iran, and, of course, Iraq, This is a special place where politics for that. The Senator from Tennessee and Afghanistan. Members across the is not to intrude. It is literally an is- is an ex officio member of the Intel- aisle should carefully reflect and de- land in this political sea that is sup- ligence Committee. He has also been a cide whether their caucus should repu- posed to be out of bounds for politics. member of the Foreign Relations Com- diate or disavow—pick any word you The chairman has done a great job of mittee. He thoroughly understands the want—this plan and embrace our Na- trying his best to get all of the infor- complex and important foreign policy tion’s security instead of self-interest. mation he can from the intelligence issues which depend on reliable intel- Critically important work lies ahead community, from the administration, ligence for their proper resolution. for the Senate Intelligence Committee, from any other source that would be I associate myself completely with and an atmosphere of mutual trust and useful to the committee’s work, and to his comments and agree with him that professionalism must be restored. bend over backwards, as the memo- neither the Intelligence Committee nor According to Senator Bob Kerrey, a randum itself notes, for the members of the Senate, let alone the American former Senator and a former vice the minority. I take my hat off to him people, are well served in the current chairman of the committee said: for that and suggest that he should not atmosphere of raw partisanship that Rank partisanship like this destroys the be criticized for it; he should be praised was created by a minority attack comity needed for compromise. for it. strategy that was revealed this week. There is a way to restore that comity He, too, has made the point that I have come before the Senate many quickly and completely. It seems to me there is a point beyond which one just times to report on the progress and that Democratic Senators must clearly cannot go. When it appears that the

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.078 S07PT1 S14258 CONGRESSIONAL RECORD — SENATE November 7, 2003 other side has attempted to take ad- with political staff, but we all under- at the end of last year about the events vantage of your goodwill, as the chair- stand they have a substantive and a po- leading up to September 11, 2001. One of man has done, he has got to say that is litical dimension to the work that they the reasons that those other views are it; no more; this committee is not do. We all operate within that under- not as eloquent as I would have liked going to be used for partisan political standing. But here, think about what a them to have been is that we had to purposes. That is what he should do, Senator could do knowing all of these draft them very quickly, after the re- and I applaud him for that effort. secrets if they decided to use them for port was done, after we knew what its I also appreciate the comments of the partisan political advantage. conclusions were. We were able to read distinguished majority leader in bring- I can state unequivocally that I could through it, and the Senator from Kan- ing this to the full body as he has done, have gone out and criticized the Clin- sas and I noted that we did not totally to raise the critical questions and to ton administration with things I knew, agree with everything—more precisely, simply ask for those responsible to step and people on the committee today there were other things that we forward and acknowledge their respon- could probably go out and criticize the thought should have been said in that sibility and identify for whom this current administration for things that report, and we hastily put together our memorandum was written; for the re- they know. It would be very hard to re- additional views and got them attached sponsible people, including the leader- spond to that because the only re- to the report. I hope they are helpful ship of the Democratic minority, and sponse is to use similarly classified infor people who read that report and our certainly the leadership of the com- formation to respond. additional views. mittee, to disavow the contents of the We cannot get into that game. No We did not come to a conclusion be- memo, the plan that has been written, one would share information with the fore that report was done, before the and to make a public apology to the intelligence committee if they felt that committee’s work was done, that no distinguished chairman of the com- it could be used for political purposes. matter what that report said, we were mittee. Indeed, what foreign country or other going to attach additional views and be I think those are very reasonable resources would be willing to provide in- critical of the report. We could not quests and, frankly, too many hours formation to our intelligence commu- have done that because we did not have passed since the first calls for dis- nity with the understanding that it know what it was going to say. avowal. Yet the memorandum remains might go right to a partisan political That is what this memorandum sug- not disavowed. committee of the Congress? It could gests is the plan of these Democrat I would like to take just a moment to not be done. staffers, that irrespective of what the try and explain why some of us feel so I was interested to go to Great Brit- report says the Senator from Kansas strongly about this. I served on this ain and visit with Parliamentarians will oversee the issuance of in the next committee for 8 years. There is a rule who only recently obtained oversight, few weeks, they plan to attach addi- that a Senator can only serve for 8 like the Intelligence Committee over- tional views castigating the majority. I years because we never want this to be- sight of the United States, over intel- will quote that in just a second. That is come a politicized committee. We ligence activities of the executive a misuse of the process and that is the never want it to be a source where branch of their government. Now, un- kind of thing that we are talking power is gathered around people who derstand they are a parliamentary about. maintain their position. This is sup- form of government so the distinction I would just finally note in this re- posed to be a place where a Senator is not nearly as bright as it is in the gard, the report that the committee is comes in, gets expertise, serves time, United States, but they sought advice working on now is the second of three and then moves on. I had the honor and from us as to how they could best do major reports. First, the committee privilege of serving for 8 years. oversight of this important intel- put out the report at the end of last One of the things that always stuck ligence function. year. Then there is the followup report with me was the fact that it was not bi- They were interested in how we were that is being done right now on the in- partisan, it was nonpartisan. The staff able to get these deep dark secrets of telligence leading up to September 11 was selected primarily from the intel- our country into the legislative branch and leading up to the conflict in Iraq, ligence community, people who were of government when in the past they and finally the Kean commission, experts in matters of intelligence. had always been the sole province of which is also going to be issuing a re- When I first came in, I said I had a the intelligence community and the export on the same subject. So all three member of my staff who used to be ecutive branch. One of the explanations investigations overlap in one way or with the Intelligence Committee. He was because we were trusted. We were another to ask the question about the has the top clearances, and I would like not a partisan committee like the adequacy of our intelligence pre-Sep- to have him on staff to help me on this other committees. tember 11 and pre-Iraqi war. It is not as committee. Bob Kerrey, the former Well, this memorandum and the con- if this subject has not gotten a lot of Senator from Nebraska and distin- duct of the staff in this particular case attention. guished former chairman referred to by begins the process of destroying that The public might be a little confused Senator ROBERTS, made the point at credibility and that trust and thus about what this memorandum actually the time: No, we cannot do that be- eliminating any prospect that this says. I just wanted to note finally what cause we do not want there to be any committee can operate in a successful this memorandum says. It begins by suggestion that there is influence in way in its oversight function. That is saying: the committee from the private staff of why this is such a big deal. We have carefully reviewed our options individual Senators. This is profes- I mentioned former Senator Kerrey. I under the rules and believe we have identi- sional intelligence community staff, would also mention former chairmen of fied the best approach. Our plan is as follows. and if it ever were thought to be other- the committee, Senators SPECTER and So this is not a recitation of options. wise, we would never get the coopera- SHELBY, both of whom spoke to this This is a statement that they reviewed tion of the intelligence community issue a couple of days ago and re- the options and this is what they came providing us with secrets that are the counted how in their experience they up with: The plan, ‘‘our plan is as fol- most significant, important secrets of had never seen anything like this dur- lows.’’ It clearly is written for someone our Nation. ing their time as chairman and noted who understands fully what the idea Our committee staff of the Select that they could not possibly function was. Committee on Intelligence has the as a committee if there were a percep- Our options for what? It would have complete knowledge of the most sig- tion that the committee was being to be options for something that the nificant, serious secrets of this coun- used for political purposes. recipient of the memo already under- try. They have to be above reproach. I might note one other thing just as stood. It says: Think for a moment what would hap- an aside. I wrote additional views, First, pull the majority along as far as we pen if it were perceived that they were along with the distinguished chairman can. political staff just like all the other of the committee, today to the report That is the distinguished chairman of committees. There is nothing wrong that the Intelligence Committee issued the committee.

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.083 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14259 Pull the majority along as far as we can on method is acceptable, so the end justi- security—it may not be right, but they issues that may lead to major new disclo- fies the means even if it risks destroy- think it is—of being unpatriotic. That sures regarding improper or questionable ing the intelligence committee. makes me feel even sadder. conduct by administration officials. These staffers should know better be- The American people should under- In other words, a fishing expedition. cause they are senior staffers, presum- stand, what we have here is an inves- Let us see how long we can string this ably. That is the kind of people who tigation being conducted by the Intel- out and maybe we will get lucky and get hired on this committee. But it is ligence Committee. It is a very impor- come up with something. In fact, they wrong to put partisan politics above tant committee. I acknowledge every- say it right here: ‘‘. . . We don’t know national security and certainly the thing that has been said by the Sen- what we will find,’’ and then there is a members of the committee know bet- ators here this afternoon. It is very im- parenthesis at the end of this para- ter. That is why the majority leader is portant. But the minority believes the graph that I find very interesting. absolutely correct in calling upon them investigation should be more than ‘‘Note: we can verbally mention some to disavow this memorandum, which looking at what the civil servants did; of the intriguing leads we are pur- puts partisan politics ahead of national that is, the CIA itself, and should be suing.’’ security. looking at not only what the civil serv- No, you cannot, not under the com- The PRESIDING OFFICER. The Sen- ants did but what the policymakers mittee rules. It is absolutely forbidden. ator from Nevada. did. What is in that committee is con- Mr. REID. Mr. President, let me ini- I voted for the first gulf war. I voted fidential. You cannot verbally mention tially state I have the highest respect for the second gulf war. I have no re- some of the intriguing leads that ‘‘we for PAT ROBERTS, with whom I served grets about having done either. But I are pursuing.’’ for a number of years on the Ethics am very interested in how we got to Second: Committee. I served with him in the the situation we are in. Assiduously prepare Democratic ‘‘addi- House of Representatives. I also have I said we can win the war, but can we tional views . . .’’ the highest respect and the deepest ad- win the peace? I want to know about That would be appropriate if the re- miration for JAY ROCKEFELLER, a man how the policymakers made the state- port is already done, but what does it who has devoted his life to government ments they did. say? and who, as I have indicated, I admire I think it is also of note, as my friend, the distinguished Senator from . . . to attach to any interim or final reports greatly. the committee may release. But the American people must under- Arizona, indicated, he did file the same views—he and Chairman ROBERTS. In In other words, it doesn’t matter stand this memo that has been talked about was somehow stolen from the of- this report, on page 4 in their views I what the committee says. We’ll write quote: these views ahead of time and attach fices of Senator ROCKEFELLER and his Because the fundamental problems that led them. people who work in the Intelligence Committee. It was purloined—I used to 9/11 are almost certainly rooted in poor . . . we intend to take full advantage of it, policy and inadequate leadership, the inves- the word stolen—and then made public it said. tigation should have delved more deeply into by the majority. I think one of the conflicting interpretations of legal authori- Our additional views will also, among things we should consider here, in addi- ties, including presidential directives, budg- other things, castigate the majority for tion to what is in the memo, is how et allocations, institutional attitudes, and seeking to limit the scope of the inquiry. this information was taken. How it was other key areas. Only penetrating these The majority has not done anything obtained and how that came to be is areas will tell us how policymakers, includ- yet but, by golly they are going to be something the Intelligence Committee ing Congress, contributed to the failures the Report identifies. castigated for this. should really be concerned about be- Third: cause, as a number of Senators have So as I understand this memo, which Prepare to launch an independent inves- spoken about this afternoon, the infor- was stolen from the Intelligence Com- tigation when it becomes clear we have ex- mation that is spoken of in the Intel- mittee—I don’t see anything wrong hausted the opportunity to usefully collabo- with their asking for more information ligence Committee, the memos, letters, rate with the majority. and how we should start looking at the and other information that is in the In- policymakers, not just the bureau- I like that phrase. I think that re- telligence Committee, has to remain veals a malevolent intent here. Then: crats. secret. It has to be something that is On page 17 of the report, Senators . . . we can pull the trigger on an inde- within the confines of that office. ROBERTS and KYL said: pendent investigation. . . . The best time to That wasn’t done in this instance. do so will probably be next year. . . . The failures that led to 9/11 occurred not All you need to do is compare the situ- only in the intelligence community. The They then talk about the advantages ation where, just a few weeks ago now, or disadvantages of doing it at that [Joint Inquiry] was selective about what information was leaked from some- threads of inquiry it was willing to follow be- time. They note that: where within the confines of the White yond the intelligence community. We could [under the second view here] at- House to Robert Novak, a distin- So they were asking for what I un- tract more coverage and have greater credi- guished columnist in the Washington derstand the memo asked for. bility in that context than one in which we area, and that information was obvi- simply launch an independent investigation Rather than talking about the Intel- based on principled but vague notions re- ously leaked in an effort to get even ligence Committee being landlocked, garding the ‘‘use’’ of intelligence. with Ambassador Wilson. How did they blocked, I think they should just go It concludes: intend to get even with Ambassador ahead and do their report, enlarge it, Wilson for questioning how the war . . . we have an important role to play in and include this information. revealing the misleading—if not flagrantly came to be in Iraq? How were they Last night on this floor and earlier dishonest methods and motives—of the sen- going to get even with him? They were today I tried to get permission from ior administration officials who made the going to disclose the name of his wife the majority to pass military construc- case for a unilateral, preemptive war. The who was a CIA agent. By her name tion. The conference report should approach outlined above seems to offer the being made public, not only could it have been passed. We are not doing best prospect for exposing the administra- lead to her physical harm but harm to that. We could do it right now. I also tion’s dubious motives and methods. the people with whom she had intel- tried to pass the Syria Accountability This is political. This is staffers who ligence contacts all over the world. Act. I understand procedurally why on have already prejudged. They cannot Where is the hue and cry about this? the Syria Accountability Act the ma- believe President Bush. There must be I have been terribly disappointed jority may want to hold it over. An bad, dishonest motives. It is their over the last several days about what hour and a half is plenty of time, but mantra, and I think they think it is is happening in the Senate. There were the appropriations bill has no time on their duty to expose and blame the speeches this afternoon accusing Sen- it. I can’t understand why we will not Bush administration. Yes, it is polit- ators who are not here to defend them- do that. ical, but in their view it is a higher selves and who are only trying to do Talk about political grandstanding, calling. Bush must be exposed, so any what they think is right for national we now learn that starting next

VerDate jul 14 2003 01:07 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.085 S07PT1 S14260 CONGRESSIONAL RECORD — SENATE November 7, 2003 Wednesday at 6 o’clock we will spend 30 What was the factual basis for the Doesn’t the minority have a right, in hours talking about judges. administration’s assertion that Iraq at- the secret confines of the Intelligence I ask unanimous consent that the de- tempted to acquire uranium in Niger? Committee room, to have pieces of bate time for discussion on judges, What was the factual basis for the paper there that aren’t going to be pil- which we have all learned is going to administration’s assertion that there fered by the majority? The staff alloca- be 60 hours, be divided and controlled were concrete ties between Saddam tion is very unfair. Some say it is equally between the two leaders or Hussein and al-Qaida? about 30 to 3. But in spite of that, those their designees. What was the factual basis for the 30 should have better things to do than The PRESIDING OFFICER. Is there administration’s assertion that Iraq to pilfer through the records of the mi- objection? posed an imminent danger to the nority. Mr. FRIST. Reserving the right to United States? I have the greatest confidence in Sen- object, Mr. President, it is interesting What was the factual basis for the ator ROBERTS and Senator ROCKE- to me; comments have been made over administration’s assertion that if we FELLER. I think we should get back to the course of the day that there was did not act in Iraq, the so-called smok- the business of this Intelligence Com- some attempt to figure out how time ing gun would be a mushroom cloud? mittee. We should get back to it, and I would be divided, and I believe the alle- In all the speeches, not one of my hope they will broaden the investiga- gation has been made that had been colleagues has suggested that these are tion. If they decide not to broaden the discussed with me before. We have not not legitimate questions for congres- investigation, as the memo indicated— gotten to that point yet. So I am a lit- sional inquiry. That is because each of and I have only read little bits and tle bit surprised about some of the us recognizes that we need a strong, pieces of it; I haven’t studied the statements which were made earlier. independent intelligence community to memo—then there are things the mi- As we discussed the judicial issue and win the war on terrorism. nority can do to bring this out because the filibusters that are ongoing, which In order to answer these questions, the issues that I have raised should be are unprecedented—partisan filibusters we need to understand both what intel- made public. in this country on the judicial nomi- ligence told the administration about I hope these two fine Senators—the nees—I do think it is critically impor- these issues and how the administra- Senator from Kansas and the Senator tant that we have the opportunity on tion used that information. from West Virginia—will work to- both sides to be heard. The plans will Both issues have important implica- gether as they have so well and not let be, after we finish the appropriations tions for national security, and both this stolen memo hurt the delibera- process over the next several days, that issues should be thoroughly examined tions of this most important com- at that point in time we will turn to by Congress. mittee, the Intelligence Committee. the judicial nominees. We will be de- Nevertheless, the Intelligence Com- I apologize to the majority leader. I bating two nominees who haven’t yet mittee chairman rejected the Armed know he is a busy man. I am sorry I been considered on the floor of the Sen- Services Committee chairman’s pro- took so long to respond to the remarks ate. The intention has been made very posal to conduct a joint investigation. made by others here today. clear that the Members on the other My friend, the senior Senator from Mr. FRIST. Mr. President, we are side of the aisle will filibuster. There- Virginia, asked for a joint inquiry by about to wrap up here in just a couple fore, I look forward to an active debate the Armed Services Committee and In- of minutes. between both sides of the aisle. We telligence. But that didn’t come to be, But just from my standpoint, based would be happy to talk to the Demo- even though we all know it was a good on the comments that have been made, cratic leadership about how the time idea. we still have no one disavowing the will be divided. At the same time that he was reject- contents of the memo or the intent of Mr. REID. Mr. President, I withdraw ing these entreaties from members of the memo. All I ask at this juncture is, the unanimous consent request and ex- both parties, press reports indicate Who wrote it? Who was it intended for? press my appreciation for hearing that that the majority was meeting with Who was the recipient? at a later time the leader will deter- the White House, as I have already in- Second, I ask for someone to stand mine how he feels the time should be dicated, to discuss how to proceed on up and disavow either the intent or the allotted. I am glad he is thinking about matters that affect the intelligence content of the memo. some allocation of time to the minor- community. Third, an apology to the chairman, ity. I don’t think it should come as a sur- who it certainly seems to me there is I also say that my friend from Ari- prise to anyone who knows these issues an intent to in some ways embarrass zona raised questions and made state- that some in this body who are con- and subtract from the integrity he has ments about the 9/11 Commission of cerned about our national security brought to that committee. which Governor Kean is chairman. Of have seen their pleas ignored by the Those three things. course, that has a number of people on majority. They have been frustrated. Just to respond very briefly about it, such as Senator MAX CLELAND. But It is difficult for Members in this po- some other business, we share the mi- as we have read from the press ac- sition to understand why the majority nority whip’s concern about getting counts, even Governor Kean, a Repub- would refuse to explore the questions our business done. I have mentioned lican, is concerned about the lack of that I have outlined only briefly—ques- that November 21 is the target date for information. tions which we all agree need to be an- us to adjourn. From the 9/11 Commission, Governor swered if we are to succeed in this war I am pleased that we have been able— Kean has indicated publicly that he on terrorism. We all agree that these speaking to the legislation that we may go to as far as issuing subpoenas are important questions. We all agree mentioned—to lock in a time agree- to the White House to get the informa- the committee has authority to look ment on Syria accountability. It was a tion he hasn’t gotten yet. into these issues. priority of mine. It is a priority on my If we are talking about divulging in- While we are posing questions for side of the aisle, and on the other side formation, one of the things that we each other here, my question is this: of the aisle. And I can assure our col- need to talk about is what has gone on Why isn’t the Intelligence Committee leagues that it will be done early next in preparing this intelligence report looking at both what the intelligence week. I am not sure exactly what that between the White House and the Intel- community knew and how the adminis- date would be but sometime early next ligence Committee which is supposed tration used that information? week. There are Members on both sides to be sacrosanct in itself. Again, the memo that is the subject of the aisle who desire to speak on the Numerous questions have been raised matter of the discussion here today Syria Accountability Act. I urge them about what the intelligence commu- was not leaked by anyone we know. In to be available early next week, Mon- nity told the Bush administration fact, we believe—and I think there is day or Tuesday, or they might not get about the threat posed by Saddam Hus- credible evidence to indicate—that it that opportunity. I understand both sein and how administration officials was stolen, purloined, and then made sides of the aisle want to progress used this information in the days lead- public. It wouldn’t have been made quickly to this important piece of leg- ing up to the war with Iraq. public but for the majority. islation, the Syria Accountability Act.

VerDate jul 14 2003 01:42 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.088 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14261 On MILCON, I am prepared to move pictures, it is all men, and it is down- women the ability to vote, to make on that conference report. If the minor- right frightening. electoral choices, then that would lead ity whip is willing, I am prepared to It has been said that a picture is to ‘‘attempts to change home and mar- lock in a 20-minute time agreement to worth a thousand words. When women riage.’’ Does that sound familiar? It is allow the managers to make short across America picked up the paper or the same rhetoric we hear today. In statements and then to allow us to fin- watched the news and saw this image, this picture, it is the same rhetoric ish that measure. I ask the Democratic it spoke volumes. This photo says to being used at this bill signing. whip if he would allow us to proceed to women: Your right to make choices We also hear about the ‘‘culture of that when we proceed to the conference about your health and your body is life.’’ What about the woman’s life? report, that it be considered, and that being taken back from you. What about her health? This law does a short time agreement be part of that I am the proud father of three daugh- not include a health exception. What if agreement. ters and five granddaughters. I don’t a woman’s health is in danger? What if Mr. REID. Reserving the right to ob- want the men in these pictures making her life is ultimately threatened by ject, I ask that the consent be modified decisions for my daughters or my complications stemming from the preg- to allow the statements to be made granddaughters when it comes to their nancy? And where is the culture of life after the bill passes today. We would health and their well being and their when that fetus is born? Where is the pass it today, and people could have families’ well-being. Thank goodness, culture of life for children who have more than 20 minutes next week to all of my children have children. They been born? speak on it all they want. This matter have wonderful families. But they have Earlier in this Congress, the anti- should be passed immediately. to take care of those families. If their choice conservatives led the fight Mr. FRIST. Mr. President, as I said health is jeopardized by a pregnancy or against the child tax credit for low-in- earlier, I renew my request as made be- a disease, I want them to be able to come working families. Where are the cause it is very important that people take care of it. family values in that? Where is the cul- who have worked very hard on Not here. These men will make your ture of life in that? MILCON, out of respect for them and choices for you. How about nutrition for those chil- those managers, be here and they make I am old enough to remember a time dren? How about education for those the appropriate speeches and response when women were not permitted to children? How about health care for in support of this bill. make choices, when women couldn’t those children? We have seen ‘‘no’’ vote after ‘‘no’’ Mr. REID. Reserving the right to ob- hold certain positions in society. There vote on funding these programs for ject, does the leader have the time in was a time when women couldn’t vote. making our children healthier and mind when he would bring this up? We have made great strides forward to brighter and more productive. Mr. FRIST. Mr. President, we would advance women’s rights, and one of I was pleased to see the Federal bring it up the early part of next week. those rights is the right to choose. But courts in Nebraska and New York issue Mr. REID. As I have indicated, I want look at this picture. These fellows are injunctions against this unconstitu- it passed tonight. People in Nellis Air eager to snatch those rights away from tional abortion law. The vast majority Force Base and Fallon can do without women. of legal scholars predict this law will The absence of women on the stage speeches. It should be passed now. If it be easily overturned, based on Roe v. says something. Make no mistake. We will not be passed now, I object. Wade, and it should. The PRESIDING OFFICER. The ob- have more than a dozen women in the The famed American suffragette Eliz- jection is heard. Senate. I don’t know what the count is abeth Cady Stanton said ‘‘men want Mr. FRIST. Mr. President, as you can in the House. Not one of them stood on their rights and nothing more, but tell, we have a very busy week next this floor during the debate and de- women want their rights and nothing week. I will comment a little bit more fended that law that was passed and less.’’ As we can see with the signing of on the schedule shortly and we will be signed so smugly at the White House. I this bill, women’s rights are still under doing MILCON and Syria as well as call this a ‘‘malegarchy’’ and this attack. We must not settle for any- many other things over the next sev- photo captures the essence of the thing less than full reproductive rights eral days. ‘‘malegarchy’’ women live under today. for women in America. f If we keep going backwards, maybe it will be possible our women will live f PARTIAL-BIRTH ABORTION like they do in parts of the Middle East CONGRESSIONAL PORK Mr. LAUTENBERG. Mr. President, I and have to wear burqas. The men will Mr. MCCAIN. Mr. President, I would rise to discuss something that struck decide. like to address an article that appeared me as downright chilling when I saw it I think it is shameful. It is embar- on the front page of Roll Call on Thurs- yesterday in the paper. It was the sign- rassing to see this image in the 21st day, November 8. The title of the arti- ing of the so-called partial-birth abor- century in the United States of Amer- cle was ‘‘McCain Breaks Own Pork tion bill. I want to show a picture as it ica. Have we entered a time warp? In Rule,’’ and it addressed my efforts, as a appeared—as I first saw it in the Wash- some ways we have. Ultra right-wing member of the Senate Armed Services ington Post. I challenge anybody: Find conservatives who control this Con- Committee, to secure authorized fund- a woman in that picture. We even gress and control the White House are ing—I emphasize authorized—for land broadened it to a larger picture, and more in line with the thinking of the acquisition at Luke Air Force Base in once again I issue the challenge: Find a 19th century than the 21st century. Arizona. Sadly, the headline was mis- woman in this picture. There are 10 The conservatives today speak of leading and the article itself was sim- men, not 1 woman in that picture. ‘‘traditional family values’’ and pro- ply inaccurate. This picture represents the most tecting marriage. Those are their buzz As my colleagues know—and I see my sweeping attack on women’s rights in phrases, but you look back in history colleague from West Virginia in the 30 years. What do we see? We see a and what you see here is a repeat of the Chamber—for many years I have made group of gleeful men, smiles across same themes constantly used to keep it a point to carefully scrutinize the their faces. We don’t see the picture of women subservient. I couldn’t get away annual appropriations bills which are, the women who are frightened to death with that in my household. in my view, wasteful porkbarrel spend- about what can happen if they need to In 1914, during the battle over the ing. I have specific criteria for identi- make a decision to protect their women’s right to vote, there was a fying these projects which are very health, in the company of their doctor. group called the Nebraska Men’s Asso- clear. Simply put: If an item is re- This gleeful group is watching Presi- ciation Opposed to Women’s Suffrage— quested by the administration or prop- dent Bush sign away women’s rights. that was the title of the organization. erly authorized, I do not object to it Look at the image—not a woman on It was organized in 1914. The group pub- and I do not consider it a porkbarrel the stage. Does anybody doubt about lished a document expressing its rea- project. Having said that, let me ad- how the population splits 50–50 between sons for opposing women’s suffrage. dress the situation discussed in the the two genders? But here, in these two The association claimed if we give Roll Call article.

VerDate jul 14 2003 01:42 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.091 S07PT1 S14262 CONGRESSIONAL RECORD — SENATE November 7, 2003 The authorization for funds for the forward and say that I did, I would be well if I violated my own rules, it land acquisition at Luke Air Force very interested, because it didn’t hap- would get a lot of publicity and lon- Base was included in both the House pen. gevity. I have not done that in 17 years, Armed Services Committee markup of The fact is, when I was approached and I will not. That is why I come to the fiscal year 2003 Defense authoriza- by the chairman of the Senate Military the floor today to correct what was tion bill and the fiscal year 2003 au- Construction Appropriations Sub- written in that article. thorization conference report, and in committee, who informed me that if I I have been very diligent in ensuring the Senate Armed Services Committee wanted the money authorized for Luke my office never violates the same markup of the fiscal year 2004 author- included in her subcommittee’s mark- standards for appropriations to which I ization bill. As a member of the au- up, I would have to send her a letter re- have long insisted my colleagues ad- thorizing committee, I readily admit I questing it, I firmly refused to do so, here. I did not do so in this case and I worked hard to procure the authorized noting only in conversation with the will not do so in the future. I appre- funds necessary for the land acquisi- chairman that the money had been au- ciate the indulgence of my colleague tion. As all of my colleagues are aware, thorized and that the appropriators from North Dakota. authorizing the expenditure of Federal should follow that instruction. I yield the floor. funds before appropriating them is the I believe strongly, as every Member TANKERS proper process. It is the way we are of the Senate knows, that appropri- Mr. MCCAIN. Mr. President, I com- supposed to do things in this body. ators should follow the instructions of mend the Chairman of the Senate As no one disputes, the authorization the authorizing committees. And no Armed Services Committee, the senior bill includes a provision for the Luke one should have to write a letter re- Senator from Virginia, Senator JOHN land acquisition. It will be adopted by questing it. I never have. WARNER for putting the Committee on both Chambers and signed into law by It has come to my attention that Armed Services back on the map of rel- the President. I cannot recall a Defense three different members of the Appro- evancy and like any sea captain with a appropriations or Military Construc- priations Committee told the Roll Call steady hand decisively changing the tion appropriations markup occurring reporter responsible for this article course of the committee from just a de- after the Defense authorization bill that I approached them and requested bating society. I believe that the Ap- conference report was signed into law. this funding. Again, this is not true. I propriations Committee will think As my colleagues know, appropriators challenge any member of the House or twice before they try to pull this off have only the Senate-passed authoriza- Senate Appropriations Committee to again. This began in September 2001 tion bill to use in determining whether come forward and prove I made any when Secretary Roche, the Boeing projects proposed for inclusion in their such request. Company and the Appropriations Com- markup are authorized. I have with me a letter to the editor mittee decided to lease 100 Boeing 767 Simple fact and not my opinion—I of Roll Call from Tom Schatz, presi- tankers and go around the traditional emphasize, it is a fact, not my opin- dent of Citizens Against Government budget process at the Pentagon, go ion—rule XVI of the Standing Rules of Waste. As my colleagues know, Citi- around the Secretary of Defense, go the Senate expressly acknowledges zens Against Government Waste is a around the Office of Management and that Senate bills that were previously very well respected and nonpartisan Budget, go around the authorizing passed in the current session authorize government watchdog organization. I committee—(SASC)—and insert a $30 appropriations. The rule states in part have worked with them for many billion new start lease of 100 Boeing 767 that: years, and I am proud of our joint ef- aerial refueling tankers into the De- The term unauthorized appropriation forts to combat wasteful spending. In partment of Defense Appropriations means an appropriation (i) not specifically the letter Mr. Schatz says: Act for Fiscal Year 2002—without a sin- authorized by law or Treaty stipulation un- Citizens Against Government Waste gle hearing, debate, or vote. less the appropriation has been specifically (CAGW) is concerned about the accuracy of However, late yesterday afternoon authorized by an Act or resolution pre- the article, ‘‘McCain Breaks Own Pork Secretary Wolfowitz sent a letter to viously passed by the Senate during the Rule,’’ that Roll Call published on November the defense committees which would same session. . . . 6. [Citizens Against Government Waste] is enable the SECAF to sign a contract That is exactly what happened with dedicated to hunting down pork-barrel for the requisition of 100 tankers now, the authorization bill. Therefore, the projects in every appropriations bill. In fact, and to buy 80 of them on delivery. Senate considers it authorized when CAGW’s fiscal Congressional Pig Book con- This language has negative financial the authorization bill passes the Sen- tained 9,362 pork-barrel projects. Senator and budgetary implications. Impor- ate, not when the conference report is John McCain has been the leading voice in the Senate trying to stop this egregious tantly, it will provide that lease- signed into law. Again, this is a stand- practice. As for the $14.3 million for Luke unique disbursements, such as con- ing rule of the Senate, not an arbitrary Air Force Base mentioned in your article, struction financing—$7.5 million per decree of my own. I have never ob- Sen. McCain has assured us he did not re- plane—lease administration costs— jected to an appropriation on the quest any unauthorized fund from any mem- costing up to $5.5 million per plane; grounds that while it was authorized in ber of the appropriations committee. FAA certification—which would be the Senate-passed bill and was accept- We have worked closely for many years considerable and yet unnecessary when ed by House and Senate conferees, the with Senator McCain in our joint effort to the Air Force owns the planes; and conference had yet to finish its work. I combat wasteful government spending. He believes that spending provisions, particu- other costs such as operating expenses consider such an appropriation to be larly defense-related projects, be contained for any special-purpose entity extend authorized while consistent with Sen- in the Department of Defense authorization to the order of 80 tankers—which the ate rules and the fact that the report bill. Senator McCain serves on the Senate SECAF will buy. had yet to be voted only a technical Armed Services Committee, and he readily In addition, the USAF will not be re- formality. admits that he worked hard to ensure that quired to set aside money now for the The article also suggested that I re- funding for Luke AFB was included in the purchase of these tankers. So, when quested from the Military Construction Senate DOD authorization bill. The timing the tankers are built, the USAF will Appropriations Subcommittee an unau- of the authorization versus appropriations have to come up with the cash to pay bills is a red herring in this story, designed thorized earmark for Luke Air Force to make it appear that Senator McCain has for them. But, at that point, the temp- Base. That suggestion is simply not violated his own rules on pork barrel spend- tation will be simply to extend the true. I categorically deny ever ap- ing. lease and not convert to a buy when proaching any member of the Appro- Sincerely, the time comes to do so. So, this propriations Committee in order to re- Tom Schatz, President, Citizens Against posal puts no pressure on the USAF to quest funding for this project, or any Government Waste. make choices before starting to build other project for that matter. It just Mr. President, I regret I had to take planes number 21–100. Instead, it will simply didn’t happen. the time of the Senate to address this have Congress over a barrel to pay for If there is any member of the Appro- issue. I feel it is important for my col- planes already built under the tanker priations Committee who will come leagues to know the truth. I know very lease regime. Thus, as is the case under

VerDate jul 14 2003 01:42 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.052 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14263 the original lease proposal, the USAF It suggests that taxpayers will be NEW TERMINAL AT ABERDEEN will get its tankers in a way that de- stuck with unnecessarily having to pay REGIONAL AIRPORT fers the payment burden to someone for construction financing costs at a Mr. DASCHLE. Mr. President, I else at some unspecified point in the premium open-market rate and other would like to speak about an impor- future. lease-unique disbursements. tant ceremony occurring this Veterans This is what we were trying to origi- It is unabashedly similar to what the Day in my home town: the dedication nally avoid. USAF intended to do under the origi- of a new terminal at Aberdeen Re- The language we agreed to late last nal contract to lease 100 tankers, and I gional Airport. night is clear and would unequivocally appreciate that we now have a commit- Community leaders have chosen Vet- prevent the USAF from leasing more ment, as Senator WARNER said on the erans Day for this event because the than the 20 tankers. floor of the Senate, that would put this terminal will be called the War Memo- And more importantly will prevent program back into the traditional pro- rial Building. It will be located on the ‘‘costs that are unique to this lease ar- curement process, this program back grounds of Saunders Field, named for rangement . . . costs for issuing the into the traditional budget process, General LaVerne Saunders, a World bonds required to finance the lease or and this program back into the tradi- War II hero from Aberdeen. the construction of the tankers, oper- tional authorization process. A plaque inside the new building pro- ating expenses for the special-purpose I yield. claims: entity, lease administration fees, FAA The City of Aberdeen dedicates this build- certification costs, etc.’’ apply to the f ing and sculpture to the brave men and subsequent 80 aircraft. women who served and continue to serve to protect the values we all cherish: freedom, The Air Force will be forced to, just TRIBUTE TO DR. S. KING SANDERS like the other military services do, ob- justice and democracy. Mr. BROWNBACK. Mr. President, I The War Memorial sculpture recognizes tain budget authority before placing an the courage they have shown and continue to order for the purchase of tankers or be- rise to honor Dr. S. King Sanders, who passed away October 30, 2003. I hope my show in the service of our great nation. They fore Boeing spends any money for the will never be forgotten. construction of those planes. Because colleagues will join me in expressing Let us reflect on the past and hope that we this will require the USAF to pay at condolences to his family in this great might learn as a world to live in peace. the time of order, make progress pay- loss. Those words are a fitting tribute to ments and acquire the tankers under King Sanders left a worthy and mem- our nation’s heroes, past and present, two separate contracts, as it should, orable legacy for his wife, Rose; his and are especially fitting in a year that potential savings could be as much as children, Courtney and Michael, and has seen a new generation take up $5.2 billion according to unofficial CBO other family members and friends to arms in defense of the homeland. Aber- estimates. remember him by. He was a vocational deen is one of the communities that Remarkably, the key threshold issue Christian minister for 30 years, work- has been touched by the largest call-up of corrosion remains an open issue. ing as a director of missions and then of South Dakota Guard and Reserve CRS still believes that, to date, the a pastor in New Mexico for 20 of those troops since World War II. DOD has not provided a thorough cor- years. During the last 14 years of his This terminal was constructed with rosion assessment as the SASC asked life, King also worked in the public pol- funds from the Federal Aviation Ad- for. And, the two reports that Sec- icy arena. He served as liaison to the ministration, State and local govern- retary Roche cited as updating the New Mexico legislature on behalf of ment, and a Senate amendment to the Economic Service Life Study, ESLS, that State’s Baptist convention for fiscal year 2001 transportation appro- which concluded that the current fleet eight years. Beginning in 1997, he priations act. I remain grateful to Sen- is viable to 2040, are in no way com- worked here in Washington for the ator FRANK LAUTENBERG, former rank- parable in sophistication, depth or Ethics & Religious Liberty Commission ing member of the Transportation Ap- scope. So, to date, the DOD has proof the Southern Baptist Convention. propriations Subcommittee, for help- duced, despite numerous requests, any His behind-the-scenes work in our ing me secure $2.5 million in that legis- data or analysis that invalidates the Nation’s Capital supported the efforts lation. The Senate funds completed the conclusions of the ESLS. of the ERLC and others to make this financing for this project and allowed The November 5, 2003, letter from the country all it should be. He used his it to move ahead without further Deputy Secretary of Defense to Chair- abilities and position in the effort to delay. man WARNER is disturbing. In this let- protect all human life, from conception The project is a step into the future ter, the DOD describes how it intends to natural death. King worked to help for one of the busiest airports in South to proceed acquiring tankers under the expand religious freedom to all people Dakota. It replaces a 50-year-old facil- legislative language agreed upon by the in this country and around the world. ity, providing improved security meas- conferees 2 days ago. In particular, it He was concerned about marriages and ures, additional ticket counter space, indicates that the DOD intends to sign families, and sought to strengthen and expanded baggage claim areas. It the current contract for the acquisi- them and protect them from the rav- will improve access for disabled pas- tion of all the tankers now and not ob- ages of harmful forces in our culture. sengers. It will shorten the time that tain requisite budget authority until He also worked earnestly to motivate planes spend taxiing, thus resolving a the out-years to fund the purchase of citizens to become more involved in long-standing problem of flight can- the tankers. the political process. cellations due to wing icing. Given the According to the letter, the DOD will For King, relationships were fore- critical role that airports play in eco- fund its purchase of the 80 tankers by most. He loved people and served them nomic development, I also see this new adding $3.8 billion in the out-years to in many ways. He constantly expressed terminal as a long-term investment in ‘‘achieve[ ] an immediate start to the concern for others, even in the midst of Aberdeen’s prosperity. program and allow [for the] purchase the health problems that plagued him This project required a great deal of [of] the last 80 aircraft at time of deliv- near the end of his life. His love for hard work and dedication, and I would ery.’’ others and his concern for their welfare like to thank some people who made it There are several problems with this: were based on his relationship with possible: Mayor Tom Hopper, the air- It seems inconsistent with the plain God by faith in Jesus Christ. port board and staff, the Aberdeen City language of the bill that the conference King Sanders was the best of what Commission, the Brown County Com- has agreed upon—that the USAF buy this country is all about. He wanted mission, the Aberdeen Chamber of up to 80 aircraft under a multi-year America to be a great force for good in Commerce, architects Herges procurement/incremental funding the world, and he wanted the lives of Kirchgasler Geisler & Associates, engi- methodology. Americans to be blessed. All who knew neers Helms and Associates, Transpor- It will likely result in the proposals him will miss him, and we pay tribute tation Director Dave Osborn, and being scored as a $18 billion ‘‘direct to his influential life and legacy. former airport managers Tom Wylam purchase.’’ I yield the floor. and Rebecca Hupp.

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.025 S07PT1 S14264 CONGRESSIONAL RECORD — SENATE November 7, 2003 This facility is a wonderful tribute to On vote No. 420, if present and voting, current law, we can change hearts and America’s veterans, and a valuable the Senator from Nebraska (Mr. NEL- minds as well. asset for the people of northeastern SON) would have voted ‘‘yea.’’ South Dakota. Congratulations, Aber- On vote No. 421, if present and voting, f deen, on another job well done. the Senator from Nebraska (Mr. NEL- Mr. REID. Mr. President, I rise today SON) would have voted ‘‘nay.’’ UNIVERSAL SERVICE to express my congratulations and On vote No. 422, if present and voting, warm wishes to Bjorn Selinder as he the Senator from Nebraska (Mr. NEL- Mr. JOHNSON. Mr. President, the retires from his position as Churchill SON) would have voted ‘‘yea.’’ Senate Committee on Commerce, County Manager in the State of Ne- On vote No. 423, if present and voting, Science, and Transportation held a vada. the Senator from Nebraska (Mr. NEL- hearing last week on the Universal Bjorn, affectionately known as ‘‘BJ’’, SON) would have voted ‘‘yea.’’ Service Fund, USF, and I would like to has led a selfless life as a public serv- On vote No. 424, if present and voting, take a few moments to share with my ant, friend, husband and father. Born the Senator from Nebraska (Mr. NEL- in Goteborg, Sweden, Bjorn, his broth- colleagues some thoughts on this topic. SON) would have voted ‘‘yea.’’ As many of my colleagues know, the er and his parents immigrated to the On vote No. 425, if present and voting, United States in the early 1950s and survival and strength of this fund is the Senator from Nebraska (Mr. NEL- moved to Minneapolis, MN. critically important to providing af- SON) would have voted ‘‘yea.’’ After Bjorn graduated from South- fordable, state-of-the-art telecommuni- On vote No. 426, if present and voting, west High School, he ended up in Cali- cations services to rural and high-cost the Senator from Nebraska (Mr. NEL- fornia where he met the love of his life, areas. Without universal service sup- SON) would have voted ‘‘yea.’’ Judy Moffatt. Soon after he met her, port, many residents in South Dakota On vote No. 427, if present and voting, they married in 1996 and later moved to and other rural areas would not have the Senator from Nebraska (Mr. NEL- Nevada in 1973 to raise their children the opportunity to share in the bene- and start a family business. SON) would have voted ‘‘yea.’’ On vote No. 428, if present and voting, fits of quality telephone and data serv- Bjorn originally went to Churchill ices. County looking for a short-term job. the Senator from Nebraska (Mr. NEL- Twenty-seven years later, he is one of SON) would have voted ‘‘yea.’’ I have recently cosponsored S. 1380, the longest serving county managers in On vote No. 429, if present and voting, the Rural Universal Service Equity Act the State of Nevada. the Senator from Nebraska (Mr. NEL- of 2003, which would change the for- When he first joined Churchill Coun- SON) would have voted ‘‘yea.’’ mulas that determine the distribution ty in August of 1974, his duties were co- On vote No. 430, if present and voting, of universal service high-cost funds ordination and planning activities and the Senator from Nebraska (Mr. NEL- among nonrural telephone companies. I acting as assistant to the county man- SON) would have voted ‘‘yea.’’ believe this legislation is necessary to ager. A short 2 years later, BJ became On vote No. 431, if present and voting, address an inequity in the current for- the Churchill County manager. the Senator from Nebraska (Mr. NEL- mulas limiting the amount of high-cost Prior to moving to Fallon, Nevada, SON) would have voted ‘‘nay.’’ support so called nonrural companies Bjorn received his bachelors degree in On vote No. 432, if present and voting, such as Qwest receive from the USF. management science from Sierra Ne- the Senator from Nebraska (Mr. NEL- While I am pleased that under this leg- vada College and did post graduate SON) would have voted ‘‘nay.’’ islation, South Dakota would receive work at the University of Nevada f more support than it currently does, I Reno. am mindful that it does so at the ex- He worked in the aerospace and ordi- LOCAL LAW ENFORCEMENT ACT pense of other States and Puerto Rico. nance industries when he lived in OF 2003 southern California and Minneapolis. Mr. SMITH. Mr. President, I rise Under the current USF system, al- He also came to Churchill County with today to speak about the need for hate though Qwest provides telephone serv- an understanding about how to run a crimes legislation. On May 1, 2003, Sen- ice to many South Dakota residents, small business. ator KENNEDY and I introduced the including some in very rural and high Throughout Bjorn’s life as a public Local Law Enforcement Enhancement cost areas, it receives no universal servant, his wife Judy has been the Act, a bill that would add new cat- service support from the high-cost rock on which he leans. With the road egories to current hate crimes law, model for operations in South Dakota. of retirement stretching before them, sending a signal that violence of any This has the practical effect of forcing they plan to spend time with their kind is unacceptable in our society. Qwest to keep rates in other areas of three grandchildren and their two In pronouncing sentence on 21-year- my State higher than they otherwise daughters, Kristen and Majken. I am old Yitzak Abba Marta, Circuit Judge would be in order to subsidize service sure BJ will also put in a few hours on William Storey told the court, ‘‘this in the high cost areas. the lovely Fallon golf course. was nothing more than a hate crime Bjorn Selinder is leaving his job, but Although I support this legislation, I . . . this person was killed because he recognize that it does not address the he’s not leaving the community. As he was gay.’’ Marta was convicted for the goes about his new life, I hope he will more fundamental issues threatening 1996 beating and strangling death of take time every day to look around at the sustainability of the universal Alan Fitzgerald Walker, a transvestite. the county he helped create, and know service fund. The entire universal serv- Marta and an accomplice picked up that his work is appreciated. ice system is jeopardized because of a Walker outside of a gay nightclub I congratulate Bjorn on a job well shrinking contribution base and in- while he was dressed as a woman. Po- done and wish him an enjoyable retire- creased demands. Without addressing lice were called to Walker’s home 3 ment. these fundamental problems related to days later when neighbors became sus- the viability of the system as a whole, f picious of his disappearance. Not only the change in the formulas as proposed VOTE EXPLANATION had he been absent, but the tires on his in S. 1380 will have limited value. Mr. NELSON of Nebraska. Mr. Presi- car had been slashed, and there were dent, I ask that the following informa- notes on his door. Police found Walk- I urge my colleagues to work in a bi- tion be entered into the RECORD. I was er’s body in his bedroom with ‘‘KKK’’ partisan manner to help assess and de- unavoidably absent for rollcall votes scrawled in blood on an adjacent wall. velop comprehensive solutions to the on Thursday, October 30, 2003 as I was I believe that Government’s first many outstanding and emerging issues attending a funeral in Omaha, NE. As a duty is to defend its citizens, to defend that confront the universal service pro- result, I would ask that the RECORD re- them against the harms that come out gram. We can do no less if we truly be- flect the following: of hate. The Local Law Enforcement lieve in the underlying principles of On vote No. 419, if present and voting, Enhancement Act is a symbol that can this longtime national policy that has the Senator from Nebraska (Mr. NEL- become substance. I believe that by proven so vital to both our economic SON) would have voted ‘‘yea.’’ passing this legislation and changing and national security.

VerDate jul 14 2003 01:42 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.059 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14265 FDA CBER RESEARCH ACTIVITIES time-intensive for industry to dupli- 1805, the ‘‘Protection of Lawful Commerce in FUNDING cate. This research has facilitated the Arms Act.’’ Mr. BENNETT. Mr. President, the expedited testing, development, and First, S. 1805 would represent a substantial and radical departure from traditional prin- fiscal year 2004 Agriculture, Rural De- availability of several important licensed vaccines for the prevention of ciples of American tort law. Though development and Related Agencies Ap- scribed as an effort to limit the unwarranted propriations Act includes appropria- life-threatening pediatric diseases and expansion of tort liability, the bill would in tions for the Center for Biologics Eval- is critical for others currently under fact represent a dramatic narrowing of tradi- uation and Review of the Food and development for licensing in the fu- tional tort principles by providing one indus- Drug Administration to continue im- ture. try with a literally unprecedented immunity portant vaccine and biological product Mr. President, I urge the Administra- from liability for the foreseeable con- research activities. Support of these re- tion to provide sufficient funding in sequences of negligent conduct. search activities is essential for keep- fiscal year 2005 for continued CBER re- Second, more specifically, and by way of il- ing CBER scientists and medical research. These appropriations are essen- lustration, S. 1805, as currently drafted, tial for expediting not only the devel- would mandate the dismissal of litigation viewers up-to-date and knowledgeable currently pending against the dealer and of the breakthrough science of vaccine opment and availability of licensed manufacturer who are alleged to have neg- and biological product research and de- counter-bioterrorism vaccines and bio- ligently enabled John Allen Muhammed and velopment. Being involved in this cut- logical products, but also for those in- Le Boyd Malvo to obtain the assault rifle ting edge research better equips CBER tended for the prevention and treat- used in the recent D.C. sniper killings. scientists and reviewers with the best ment of naturally-occurring infectious S.1805 IS INCONSISTENT WITH TRADITIONAL scientific-based tools for reviewing and diseases, such as SARS, West Nile PRINCIPLES OF TORT LAW regulating the safety and efficacy of Virus and HIV–AIDS. S. 1805, described as ‘‘a bill to prohibit civil live-saving vaccines and other biologi- f liability actions from being brought or con- cal products. tinued against manufacturers, distributors, During our subcommittee and Com- PROTECTION OF LAWFUL dealers, or importers of firearms or ammuni- mittee deliberations, many colleagues COMMERCE IN ARMS ACT tion for damages resulting from the misuse shared my concerns about the emer- Mr. LEVIN. Mr. President, 2 weeks of their products by others,’’ would largely gence of SARS, West Nile Virus, mon- ago, the majority leader indicated that immunize those in the firearms industry key pox, antibiotic resistant staphy- before this session of Congress comes from liability for negligence. This would represent a sharp break with traditional prin- lococcal infections in hospitals, and to an end, the Senate may consider the other naturally-occurring infectious ciples of tort liability. No other industry en- Protection of Lawful Commerce in joys or has ever enjoyed such a blanket free- diseases in the U.S. I believe there is a Arms Act, a bill the New York Times dom from responsibility for the foreseeable need to expedite the development and has said ‘‘would give gun manufactur- and preventable consequences of negligent licensing of new vaccines and ers and dealers a courthouse shield conduct. biologicals to protect our citizens from that tobacco and asbestos companies It might be suggested that the bill would these naturally-occurring infectious never had in being forced to come to merely preclude what traditional tort law diseases. As with recent efforts and in- terms with some of the damage their ought to be understood to preclude in any creased appropriations to augment re- products inflict.’’ While it now appears event—lawsuits for damages resulting from third party misconduct, and in particular search, regulatory testing and sci- unlikely that the bill will be consid- entific capabilities of the FDA to assist from the criminal misuse of firearms. This ered in the Senate this year, I would argument, however, rests on a fundamental in combating bioterrorism threats, I nevertheless like to express my con- endorse FDA’s continued support of misunderstanding of American tort law. cerns about it. American law has never embraced a rule those capabilities at the Center for The bill would rewrite well-accepted freeing defendants from liability for the fore- Biologics Evaluation and Research to principles of liability law, providing seeable consequences of their negligence combat the public health threats from the gun industry legal protections en- merely because those consequences may in- naturally-occurring diseases. It is my joyed by no other industry. Some claim clude the criminal conduct of third parties. Numerous cases from every American juris- view that continued support of these that this bill would prevent frivolous capabilities will better enable the Cen- diction could be cited here, but let the Re- lawsuits and protect firearm manufac- statement (Second) of Torts suffice: ter to recruit and retain highly-quali- turers, dealers, and distributors from § 449. TORTIOUS OR CRIMINAL ACTS THE PROB- fied, motivated scientists and medical being held responsible for the actions reviewers for vaccines and other bio- ABILITY OF WHICH MAKES ACTOR’S CONDUCT of criminals. While most gun dealers NEGLIGENT logical products. and manufacturers may conduct their In past years, CBER scientists en- If the likelihood that a third person may business responsibly, this bill would gaged in laboratory and clinical react in a particular manner is the hazard or shield negligent and reckless gun deal- search, which greatly improved their one of the hazards which makes the actor ers and manufacturers from legitimate understanding of the science, their negligent, such an act whether innocent, civil lawsuits. mission of assuring the safety and effi- negligent, intentionally tortious, or criminal In fact, according to the Brady Cam- does not prevent the actor from being liable cacy of the products under review by paign to Prevent Gun Violence and the for harm caused thereby. (emphasis supplied) FDA, the medical needs of patients, Violence Policy Center, many meri- Thus, car dealers who negligently leave ve- and alternative products available. torious cases could be dismissed under hicles unattended, railroads who negligently This understanding resulted in a more the bill. And according to a letter from manage trains, hotel operators who neg- efficient and rapid agency licensing University of Michigan Law Professor ligently fail to secure rooms, and contrac- processes for many new products, tors who negligently leave dangerous equip- Sherman Clark, the case filed by the which presented complex scientific, ment unguarded are all potentially liable if Washington, D.C. area sniper victims is medical and public health issues. For their conduct creates an unreasonable and among those that would not survive if example, CBER reviewers deeply in- foreseeable risk of third party misconduct, the legislation were enacted. I ask including illegal behavior, leading to harm. volved in relevant laboratory research unanimous consent that a copy of Pro- In other words, if the very reason one’s con- were responsible for the complex yet fessor Clark’s letter be printed in the duct is negligent is because it creates a fore- expeditious regulatory review and li- RECORD. seeable risk of illegal third party conduct, censing of the four combination diph- There being no objection, the mate- that illegal conduct does not sever the cas- theria-tetanus-acellular pertussis ual connection between the negligence and rial was ordered to be printed in the (DTaP) vaccines and the four Hib (men- the consequent harm. Of course, defendants RECORD, as follows: ingitis) conjugate vaccines during the are not automatically liable for illegal third last decade. THE UNIVERSITY OF MICHIGAN party conduct, but are liable only if—given Past CBER research has significantly LAW SCHOOL, the foreseeable risk and the available pre- Ann Arbor, MI, November 6, 2003. cautions—they were unreasonable (neg- contributed to technology transfer and DEAR MEMBERS OF THE UNITED STATES SEN- ligent) in failing to guard against the dan- benefited the public through the devel- ATE: As a professor of law at the University ger. In most cases, moreover, the third party opment of assays and reagents, which of Michigan Law School, I write to make two wrongdoer will also be liable. But, again, the would otherwise be too costly and points regarding the legal implications of S. bottom line is that under traditional tort

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.018 S07PT1 S14266 CONGRESSIONAL RECORD — SENATE November 7, 2003 principles a failure to take reasonable pre- novative or cutting edge about this litiga- THE LONG REACH OF THE HEAVY cautions against foreseeable dangerous ille- tion; and it is certainly not based on any new BOMBERS gal conduct by others is treated no dif- or liability-expanding theory. Rather, it al- ferently from a failure to guard against any leges straightforward negligence, and is Mr. JOHNSON. Mr. President, I rise other risk. analogous to the sort of case that might be today to draw my colleague’s attention S. 1805 would abrogate this firmly estab- brought against a contractor who leaves ex- to an article published in the Novem- lished principle of tort law. Under this bill, plosives unguarded at a construction site. ber 2003 edition of Air Force Magazine the firearms industry would be the one and Allegedly, the firearm in question was so entitled ‘‘The Long Reach of the Heavy only business in which actors would be free poorly secured that 17-year-old Lee Boyd Bombers.’’ Malvo was able simply to pick it up and walk utterly to disregard the possibility that The article outlines the importance their conduct might be creating or exacer- out of the store. bating a potentially preventable risk of third S. 1805, as currently drafted, would require of our Nation’s long-range bomber party misconduct. Gun and ammunition the dismissal of this litigation. The lawsuit fleet, and in particular notes the in- makers, distributors, importers, and sellers pending is a ‘‘qualified civil action’’ under creasing role the B–1 bomber is having would, unlike any other business or indi- the bill, because the harm came about in our national security planning. vidual, be free to take no precautions through the ‘‘criminal or unlawful misuse of I am extremely proud that Ellsworth against even the most foreseeable and easily a firearm;’’ and the bill clearly provides that Air Force Base in my State of South preventable harms resulting from the illegal any such action ‘‘pending on the date of enactment of this Act shall be immediately Dakota is home to the B–1 bombers and actions of third parties. Under S. 1805, a fire- crews of the 28th Bomb Wing. Their arms distributor could park an unguarded dismissed.’’ open pickup truck full of loaded assault ri- None of the exceptions enumerated in the contributions in Operation Iraqi Free- fles on a city street corner, leave it there for bill would operate to save the litigation cur- dom were critical to our military suc- a week, and yet be free from any negligence rently pending in Washington State. It is not cess. Although B–1s flew fewer than 2 liability if and when the guns were stolen based on an alleged statutory violation, but percent of the combat sorties in Oper- on the alleged failure of the defendants to and used to do harm. ation Iraqi Freedom, they dropped It might appear from the face of the bill take due care to secure firearms. Nor does the litigation fit the bill’s narrow statutory more than half the satellite guided Air that S. 1805 would leave open the possibility Force Joint Direct Attack Munitions, of tort liability for truly egregious mis- definition of ‘‘negligent entrustment.’’ As conduct, by virtue of several exceptions set noted, that theory would not apply in any JDAMs, and maintained a 79 percent forth in Section 4(5)(i). Those exceptions, event to the manufacturer or distributor, mission capable rate. The B–1s were as- and would not apply to a seller in this case, however, are in fact quite narrow, and would signed against a broad range of targets whose alleged negligence consists not of sup- give those in the firearm industry little in- in Iraq, including command and con- plying the rifle to a particular person, but in centive to attend to the risks of foreseeable so failing to secure it that it was literally trol facilities, bunkers, tanks, armored third party misconduct. available to anyone who walked in the door. personnel carriers, and surface-to-air One exception, for example would purport My aim here is not to make a claim about missile sites. They also provided close to permit certain actions for ‘‘negligent en- the merits of the pending D.C. sniper litiga- air support for U.S. forces engaged in trustment.’’ The bill goes on, however, to de- tion, but rather to illustrate the scope of S. fine ‘‘negligent entrustment’’ extremely nar- the field. 1805. Whether or not the defendants in that rowly. The exception applies only to sellers, Given the demonstrated capabilities case were in fact so negligent in their keep- for example, and would not apply to distribu- of the B–1 and its importance to our ing of firearms that they should be found lia- tors or manufacturers, no matter how egre- military, we need to continue to invest ble for negligence under Washington State gious their conduct. Even as to sellers, the law is a question for the courts of that State. in the technological improvements exception would apply only where the par- The important point here is that under S. that will maintain the B–1s role as the ticular person to whom a seller supplies a 1805, those defendants would be free of liabil- backbone of our bomber fleet. I am firearm is one whom the seller knows or ity no matter how careless they had been. It pleased that Congress enacted legisla- ought to know will use it to cause harm. The is for this reason that the bill would require ‘‘negligent entrustment’’ exception would, tion earlier this year that will return the dismissal of that case. And it is this therefore, not permit any action based on 23 B–1s to the active inventory, and I light that one can see the true scope and im- reckless distribution practices, careless han- look forward to working with the Air port of S. 1805. The bill, as currently drafted, dling of firearms, lack of security, or any of Force and my colleagues in the Senate would not simply protect against the expan- a myriad potentially negligent acts. sion of tort liability, but would in fact dra- to ensure that we provide the resources Anotehr exception would leave open the matically limit the application of long- necessary to fully upgrade these possibility of liability for certain statutory standing and otherwise universally applica- planes. violations, variously defined, including those ble tort principles by precluding, or requir- I close by commending the men and described under the heading of negligence ing the dismissal of, cases alleging tradi- per se. Statutory violations, however, rep- women stationed at Ellsworth Air tional negligence liability. resent just a narrow special case of neg- Force Base and thanking all of the Sincerely, ligence liability. No jurisdiction attempts to members of our Armed Forces for their SHERMAN J. CLARK. legislate standards of care as to every detail sacrifices on behalf of our Nation’s se- Mr. LEVIN. The two alleged snipers of life, even in a regulated industry; and curity. were both legally prohibited from buy- there is no need. Why is there no need? Be- I ask unanimous consent that the ar- ing guns, but through the apparent cause general principles of tort law make ticle be printed in the RECORD. negligence of a gun dealer, they were clear that the mere absence of a specific There being no objection, the mate- statutory prohibition is not carte blanche able to obtain the military-style Bush- rial was ordered to be printed in the for unreasonable or dangerous behavior. S. master assault rifle. Reportedly, the RECORD, as follows: 1805 would turn this traditional framework gun dealer operated in such a grossly on its head; and free those in the firearms in- negligent manner that 238 guns THE LONG REACH OF THE HEAVY BOMBERS dustry to behave as carelessly as they would inexplicably disappeared from its store. (By Adam J. Hebert) like, so long as the conduct has not been spe- Among the missing guns were the al- In mid-2001, the B–1B was in trouble. Years cifically prohibited. If there is no statute of fiscal stringencies had left the bomber against leaving an open truckload of assault leged snipers’ Bushmaster rifle. Sev- eral of the snipers’ victims have filed a with a $2 billion modernization backlog, poor rifles on a street corner, under S. 1805 there reliability, rising upgrade costs, and some could be no tort liability. Again, this rep- lawsuit against the dealer and others. major combat deficiencies. resents radical departure from traditional Their case might not survive if this bill Secretary of Defense Donald H. Rumsfeld, tort principles. became law. reflecting the prevailing view, charged the S. 1805 WOULD REQUIRE THE DISMISSAL OF This bill would set a dangerous prece- B–1 ‘‘is not contributing to the deterrent or PENDING D.C. SNIPER LITIGATION dent by giving a single industry broad to the warfighting capability to any great Litigation is currently pending in Wash- immunity from civil liability and de- extent.’’ Indeed, the purported backbone of ington State against the manufacturer and priving many victims with legitimate the Air Force heavy bomber fleet seemed dealer from whom John Allen Muhammed cases of their day in court. If it is en- destined for the scrap heap. and Leo Boyd Malvo obtained the assault acted, other industries will almost cer- Then, things changed, and, just two years rifle used in the D.C. area sniper killings. later, the B–1B became one of the star weap- The lawsuit, brought on behalf of victims’ tainly line up for similar protections. on systems in Operation Iraqi Freedom. Just families, alleges in essence that the defend- Every single gun safety organization 11 aircraft deployed to the combat theater. ants’ negligent practices and inadequate se- has expressed its opposition to this However, commanders set up and maintained curity made this weapon available to bill. This is special interest legislation. B–1B ‘‘orbits’’ that kept at least one of the Muhammed and Malvo. There is nothing in- It should not be adopted. B–1Bs in the air around the clock, ready to

VerDate jul 14 2003 01:42 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.032 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14267 engage emerging targets with huge loads of back in 1995 that B–1B MC rates are heavily fectiveness of long-range systems. From the precision weapons. dependent upon sufficient spare parts, equip- United States, a B–2 stealth bomber for the Mission capable rates soared, and mod- ment, and personnel. Until the retirements first time delivered 80 500-pound bombs in a ernization programs were funded and put began, the Air Force was never able to give single run. back on track. the bomber the sustained support it re- Moseley said the ability to fly from White- For the Air Force’s long-range bombers, quired. man AFB, Mo., and drop those 80 weapons the wars in Afghanistan and Iraq provided The B–1B MC rate has risen from 61 per- against an Iraqi troop concentration was ‘‘an some of their finest hours. Their perform- cent in 2001 to 66 percent in 2002 and 71 per- amazing capability to bring the [com- ance in many ways validated the service’s cent this year. For the bombers deployed in mander’s] quiver.’’ bomber investment programs. USAF’s B–1, support of Gulf War II, the rate was even bet- The success of the bombers in Iraq and Af- B–2, and B–52 bombers were heavily tasked ter—79 percent. (The B–2 and B–52 bombers ghanistan has not dramatically changed the and proved to be highly effective in the two supporting OIF posted MC rates of 85 percent Air Force’s plans for the aircraft. Because recent wars—and turned in several combat and 77 percent, respectively). the Air Force has used only a small number ‘‘firsts.’’ This marks a dramatic turnaround. In the of bombers in recent wars, USAF planners As Air Force planners describe it, the B– 1990s, B–1B mission capability typically still say the existing bomber inventory will slogged around 60 percent. 1Bs served as ‘‘roving linebackers,’’ circling be adequate until around 2038. Also helpful is the battlespace and waiting for a call in- WHEN LINES BLUR the fact that only one bomber was lost in the structing them to unleash deadly satellite The line between strategic and tactical two major combat operations. In December guided Joint Direct Attack Munitions. B–1Bs systems—never as distinct as it may have 2001, a B–1B, doomed by numerous onboard and B–52Hs performed close air support appeared—forever has been blurred, and the failures, crashed in the Indian Ocean on its strikes for ground forces, and the venerable bombers have proved adept at flying ‘‘tac- way to Afghanistan. B–52H, the last of which was built in 1962, de- tical’’ missions (while some fighters have The Air Force believes an inventory of 60 livered laser guided bombs using newly in- proved equally adept at the ‘‘strategic mis- B–1Bs (36 combat coded); 21 B–2s (16 combat stalled Litening targeting pods. B–2s used sion’’). Close air support is no longer the ex- coded); and 76 B–52s (44 combat coded) will new deployable shelters and were ‘‘turned’’ clusive domain of the A–10 tank-killer air- suffice. at a forward location to perform additional craft. F–117 fighters carried out numerous ‘‘About 150 bombers is the right number,’’ combat missions. strategic strikes in Baghdad and elsewhere. said Brig. Gen. Stephen M. Goldfein, USAF’s At least once, B–7B, and B–52H aircraft all Officials point to this jumbling of oper- director of operational capability require- were employed in the same strike package. ational use as a success in the shift to ef- ments. There has been ‘‘no sea change in the fects-based operations. number of bombers required,’’ because of re- NO SURPRISE At times, B–1s were able to use moving tar- cent experience, Goldfein said. The Air ‘‘It is no surprise that those aircraft and get indicator radars to perform the functions Force’s inventory plan ‘‘includes some re- platforms were used in the way they were,’’ normally reserved for dedicated intelligence- serve,’’ he added, but the preferred number said Maj. Gen. David A. Deptula, Air Combat surveillance-reconnaissance (ISR) aircraft— remains stable. Command’s director of plans and programs. an airpower first, according to U.S. Central In recent years, lawmakers have often dis- He said that the results of bomber usage over Command. agreed and pushed for larger numbers of the past two years have confirmed what pro- Each bomber in the Air Force fleet now is bombers. There have been several unsuccess- ponents of long-range strike capabilities had capable of delivering JDAMs, which offer ful attempts to restart B–2 production, with said for a long time: The range, payload, pre- targeting flexibility. The JDAM cannot only proponents saying the aircraft could be pro- cision capabilities, and flexibility of bombers hit fixed targets with near-precision accu- duced much less expensively now that the re- racy in all weather conditions but also be make them a superb weapon whose uses go search and development expenses are already quickly programmed to attack a fleeting well beyond mere ‘‘carpet bombing.’’ paid. Gen. John P. Jumper, the Air Force Chief ‘‘emerging target.’’ One strike against Iraq’s Citing the lack of any new bomber produc- of Staff, offered one example of the new way Republican Guard Medina Division required tion, Congress for years has been successful a B–2 to reprogram its JDAMs, en route to of doing business. A combat controller in Af- in forcing the Air Force to maintain 18 attri- the target, to take advantage of new intel- ghanistan sent enemy coordinates ‘‘up to a tion reserve B–52s that the service considers ligence coming in from a Global Hawk un- B–52 at 39,000 feet, and the B–52 put laser surplus. A total of 94 B–52Hs remain in serv- manned aerial vehicle. guided munitions down’’ on a target that was Toward the end of major combat, a B–1B ice, although only 44 are considered primary only 1,000 feet in front of friendly forces. orbiting above western Iraq showed the value mission aircraft. ‘‘That’s the effect of close air support,’’ of the Air Force’s heavy bombers in a new Congress, led by North Dakota lawmakers, Jumper said. ‘‘You [didn’t] see the airplane way. Intelligence sources on the ground got has added funds needed to keep 18 BUFFs at or feel the heat from the engines, but the a tip on the location of former Iraqi dictator Minot AFB, N.D., configured exactly the precision was even better than we were able Saddam Hussein. The information was same as the rest of the B–52 fleet. Goldfein to do in Vietnam.’’ beamed to a B–1B circling in the area. Just noted that, despite the service’s interest in ‘‘This is not a surprise,’’ Deptula said, not- 12 minutes later, the target lay in ruins, retiring the 18 aircraft, doing to wouldn’t ing that USAF decided years ago to push for though Saddam may have gotten out shortly save the Air Force any money. Congress pays improved bomber defensive systems, data before the roof fell in. After dashing to Bagh- the bill, so the savings would be for the tax- links, and the ability to deliver smart weap- dad and programming in the coordinates, the payers. ons, all with an eye to making long-range B–1B had precisely dropped four 2,000-pound Congress also may force the Air Force to systems effective in the future. JDAMs where Saddam was thought to be. restore some or all of its recently retired B– In the zero-sum game of defense budgeting, In addition to deploying 11 B–1Bs, Air 1Bs. By late summer, three of the four Con- however, long-range strike has clearly suf- Force leaders reported they sent to war four gressional defense oversight committees had fered at times. B–2s and 28 B–52s. These 43 aircraft flew a passed legislation mandating that 23 of the For example, DOD’s response to the chron- total of 505 sorties between March 20 and 32 deactivated Bones be restored to service. ic underfunding of the B–1 fleet was not to April 18, but, as was true in the Afghan war, In the bills, lawmakers offered the $20.3 fully fund the program but rather was to the bombers’ impact was out of all propor- million needed to bring the B–1s back from slash its numbers. USAF announced in 2001 tion to their numbers. One official noted the boneyard—but not the much larger that it would retire one-third of the B–1B that at third of all the aim points struck in amount required to keep the B–1Bs in serv- fleet—dropping it from 93 to 60 aircraft—con- Iraq were hit by that small bomber force. ice. Officials say this unfunded mandate solidate what remained at two bases, and use Jumper made special note of the bomber threatens to undo the progress the Air Force the savings to eliminate the $2 billion mod- impact in the now famous sandstorm that has made improving the health of the B–1B ernization backlog. struck Iraq March 25. ‘‘You couldn’t see your fleet. Some bomber partisans were up in arms, hand in front of your face,’’ he said, and war It would likely cost somewhere between but the plan has worked, so far as it goes. commentators began to ponder the signifi- $1.1 billion and $2 billion to keep those air- Within the slimmed-down fleet, 36 B–1B air- cance of the ‘‘pause’’ in the war. craft in service through the end of the dec- craft were kept combat ready, with the other ‘‘While the commentators were rattling ade. That funding ‘‘has to come from some- 24 in training status, depot maintenance, or on,’’ said Jumper, USAF’s bombers and other where,’’ Goldfein noted. test. That has been sufficient for the wars of aircraft were at work. With the Air Force’s The existing arrangement of consolidating recent years. Officials have long maintained ISR systems able to see through the sand, the B–1Bs at Ellsworth AFB, S.D., and Dyess that they would prefer a small fleet of effec- and GPS-guided weapons unhindered by the AFB, Tex., has enabled the increased mission tive aircraft to a large fleet of deficient sys- weather, ‘‘B–1s and B–52s were up there capable rates through simplified mainte- tems. pounding the heck out of [the Medina Divi- nance and parts requirements. Fully funding The B–1B’s MC rate—the percentage of air- sion],’’ Jumper said. ‘‘I’d like to ask the the smaller fleet’s modernization plans craft ready to perform their primary mission commander of the Medina Division when he brought on a ‘‘host of improvements,’’ at any given time—has increased steadily thought the pause was.’’ Goldfein added. since the decision. ‘‘AMAZING’’ POWERS INCREMENTAL UPGRADES The Institute for Defense Analyses, a fed- Gen. T. Michael Moseley, who led the al- With no new bomber production on the erally funded research center, determined lied air war, had another anecdote on the ef- books, and old debates over restarting B–2

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.038 S07PT1 S14268 CONGRESSIONAL RECORD — SENATE November 7, 2003 production or pursuing an FB–22 variant of The Air Force is holding to its November Ms. Hoffman, a principal at Fort the F/A–22 Raptor seemingly on the back 2001 bomber roadmap, which laid out a no- Wright Elementary School, in Cov- burner, the current emphasis is on incre- tional plan to begin a new long-range strike ington, KY, has been recognized by the mental upgrades. Numerous programs to im- program sometime around 2012–15. Officials U.S. Department of Education for her prove bomber effectiveness are ongoing. say there is no need to rush into a new strike tireless work in exhibiting excellence Situational awareness improvements, the program, because USAF would spend billions Link 16 data link, laser targeting pods, and developing a system that may not be signifi- at Fort Wright Elementary School and computer enhancements will continue to cantly better than what is available today. has made outstanding contributions to make each bomber a more efficient war ma- Features such as stealth, high speed, long the Covington community. Ms. Hoff- chine. And upcoming weapons such as the loiter time, large payload capacity, and man sets an example of excellence for Joint Air-to-Surface Standoff Missile and flexibility are well-understood goals for any the rest of the faculty, and the faculty the Small Diameter Bomb will further future strike capability. However, there is follows that example. She inspires her broaden the range and number of targets great uncertainty. Officials are loath to say students to achieve academically and bombers can precisely attack. a follow-on system will be a ‘‘B–3’’ or even a contribute to the community. ACC officials say that, at this point, al- bomber. most every improvement serves a dual pur- I know ask my fellow colleagues to Industry, think tanks, and Air Force offi- join me in thanking Margaret Ann pose. Upgrades are expected to both sustain cials are all studying what is within the ‘‘art and modernize. Sustainment doesn’t just of the possible,’’ and USAF wants to keep Hoffman for her dedication and com- mean keeping the aircraft aloft, either—the the broadest possible range of options on the mitment to the education of America’s aircraft must remain valuable fighting ma- table. These options include traditional future. In order for our society to con- chines. ‘‘We’re looking at 2040,’’ one B–52 of- bombers, unmanned systems, hypersonic air- tinue to advance in the right direction, ficial said. ‘‘Unless we can come to the war, space vehicles, conventionally armed bal- we must have principals like Margaret they won’t need us.’’ listic missiles, and even space-based weap- Ann Hoffman in our schools, and com- The Air Force is trying to get additional ons. Current time-lines give the Air Force a targeting pods on its B–52s, Deptula said. munities, and lives. She is Kentucky at decade to explore the options. its finest.∑ ‘‘We’re looking at using [Fiscal 2003 and 2004 ACC’s Long-Range Global Precision En- funds] to get as many targeting pods as we gagement Study—a look at future strike re- f can,’’ by using money set aside for the war quirements—noted that the US is pushing IN HONOR OF MIKE ELWOOD on terrorism. for a capability to conduct high-speed Goldfein said the service is interested in ∑ strikes against emerging targets anywhere Mr. WYDEN. Mr. President, I rise increasing the availability of the B–2’s in the world on short notice. However, it has today to acknowledge and honor a very deployable shelters. Because of the sensitive limited options in this area. Conventional important constituent, as well as a low observable finish on the B–2, the bomber ballistic attack missiles, derived from the very important program in my State must be maintained in a climate-controlled nation’s nuclear ICBM force, ‘‘offer increased shelter. Deployable shelters, reportedly set and across the Nation—CASA for Chil- strike flexibility,’’ but the financial and po- up at the Indian Ocean atoll of Diego Garcia, dren. ‘‘CASA’’ is short for Court Ap- litical cost would be high, the report noted. increased the flexibility of the B–2 for Gulf pointed Special Advocate, and it is a Another area for improvement concerns War II. The Air Force is ‘‘looking to expand’’ program that is made up of extraor- stealth. The B–2 bomber’s low peacetime MC their use, Goldfein said. rates stem from the high-maintenance na- dinary men and women who find it in As Air Force officials tell it, existing ture of its low observable coatings. The air- their hearts to devote their time and bombers will continue to get better and craft is also largely relegated to nighttime energy to help some of the neediest of there is no urgent need to field a new sys- use in high-threat environments. Yet the B– their community’s children. CASAs tem. Recapitalization is ‘‘a huge piece’’ of 2 remains the only stealthy strike system force structure planning, Deptula said, but come from all walks of life, all profes- largely unhindered by distance or basing USAF has some time to make proper assess- sions, and all educational and ethnic concerns. ments and make wise decisions. backgrounds, and their mission is to The old way of procurement—planning a In the future, the F/A–22 and F–35 fighters advocate for the best interests of chil- new system to replace an old one—‘‘isn’t will offer around-the-clock stealthy strike dren who find themselves, through no completely gone.’’ Deptula said, ‘‘but the capability, noted the study, but the B–2 will continue to be the only stealthy, deep strike fault of their own, under the jurisdic- fact of the matter is, with respect to the tion of the juvenile court system. long-range strike platforms formerly known penetrator for the foreseeable future. The F/ A–22 and F–35 have more limited combat As we see all too often in public serv- as bombers, their lifetime is viable for many, ice, far too many children find them- many years into the future.’’ ranges. The Air Force does not expect to see a dra- The study did not advocate a specific selves enmeshed in the juvenile court matic technological breakthrough anytime course. However, it did highlight the impor- system due to abuse, neglect or aban- soon. However Deptula believes that tance of speed. The advent of hypersonic donment. Once in the court system, hypersonics research now being done at Air weapons and platforms would permit these kids can find themselves cruelly Force Research Laboratory may hold the ‘‘prompt global strike from significant buffeted by legal battles and their par- key to breakthrough strike capabilities in ranges and reduce the risks associated with ents’ continuing poor choices. Some the future. forward basing,’’ the report noted. Compared to ballistic missiles and cruise missiles, it find themselves in multiple foster care TRANSITION PERIOD went on, reusable platforms have high util- situations at a very young age, and ‘‘We are in a transition period . . . when it ity ‘‘in all lesser threat scenarios, enhancing many are eventually permanently re- comes to technologies for long-range their cost-effectiveness across the spectrum moved from the care of their birth par- strike,’’ he said. Reusable hypersonic propul- of conflict.’’ ents. CASAs serve their communities sion has been difficult to develop, he noted, but it remains worth the effort because the f by becoming an independent advocate for a child as a sworn officer of the technology offers revolutionary responsive- ADDITIONAL STATEMENTS ness, reach, and range. ‘‘We’re not there court. They spend time with health yet,’’ Deptula noted. professionals, teachers, parents, pro- Improvements to existing systems are ex- spective parents, and the children pected to bridge the gap until scientists TRIBUTE TO MARGARET ANN HOFFMAN themselves to help the court reach the ‘‘solve some of these technological chal- best possible conclusion for the inter- lenges that will get us to the next step in po- ∑ Mr. BUNNING. Mr. President, I pay ests of the child. tential capability,’’ he said. tribute to Margaret Ann Hoffman of CASA came to Oregon in 1985 under In Deptula’s view, the break-through will Walton, KY on being recognized as one not come until sometime in the next decade. the leadership of Judge Stephen Herrell That timing seems to mesh cleanly with fi- of America’s top principals in the 2003 and citizen advocate, Susan Holloway. nancial realities. National Distinguished Principal Pro- For Almost 20 years, CASA has trained ‘‘Our legacy platforms are viable through gram by the U.S. Department of Edu- Oregon volunteers to be the eyes and 2025,’’ said Deptula, ‘‘and when we enhance cation. ears of the court, making independent them with all these modifications, they are The annual National Distinguished objective recommendations regarding going to continue to increase in capability.’’ Principals Program was established in the best interests of children. It’s a nice fit, he went on, because major 1984 to honor elementary and middle funding for future long-range systems prob- In Oregon, we have a CASA leader ably won’t be available ‘‘until the 2010–2020 school principals who set high stand- who personally exemplifies the very time frame, because we have such a pressing ards for the pace, character, and qual- best of my State in his legacy of com- need to recapitalize our fighter force in the ity of the education their students re- mitment to the future of Oregon’s chil- next decade.’’ ceive. dren. Mike Elwood, who has been both

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.040 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14269 a CASA volunteer and a CASA super- ciety, to authorize alternative inmate work MEASURES PLACED ON THE visor in Portland, has served variously opportunities in support of non-profit orga- CALENDAR nizations, and for other purposes. as a counselor, advisor, and friend to The following bill was read the first many of my State. Mike once served as f and second times by unanimous con- a caseworker in the child welfare sys- sent, and placed on the calendar: tem, but later came to CASA because ENROLLED BILLS SIGNED S. 1832. A bill to entitle the Senator Paul he believed it would be the place where The following enrolled bills, pre- Wellstone Mental Health Equitable Treat- he could make the biggest difference. ment Act of 2003. viously signed by the Speaker, were Today, Mike suffers from a terminal f illness. The CASA organization and all signed on today, November 7, 2003, by of Oregon has been extraordinary for- the President pro tempore (Mr. STE- EXECUTIVE AND OTHER tunate to have him in their ranks. VENS). COMMUNICATIONS Mike’s co-workers describe him as H.R. 1442. An act to authorize the design The following communications were compassionate, funny, possessing a and construction of a visitor center for the laid before the Senate, together with Vietnam Veterans Memorial. accompanying papers, reports, and doc- quiet wisdom, able to interject just the H.R. 3365. An act to amend title 10, United right solution when it appears to elude States Code, and the Internal Revenue Code uments, and were referred as indicated: everyone else, and an inherently decent of 1986 to increase the death gratuity pay- EC–5183. A communication from the Sec- guy. One CASA represented the feel- able with respect to deceased members of the retary of Defense, transmitting, the report of ings of a great many in the organiza- Armed Forces and to exclude such gratuity a retirement; to the Committee on Armed from gross income, to provide additional tax Services. tion, saying, ‘‘I for one feel blessed to EC–5184. A communication from the Sec- have him in my life. He is the best.’’ relief for members of the Armed Forces and their families, and for other purposes. retary of Defense, transmitting, the report of I want to take this opportunity to a retirement; to the Committee on Armed honor Mike’s contributions to my f Services. State, to the Nation, and to humanity, EC–5185. A communication from the Assist- and to wish Mike, his wife Natalie, and ENROLLED JOINT RESOLUTION ant Secretary, Legislative Affairs, Depart- his two children, Ryan and Andrea, ment of State, transmitting, pursuant to SIGNED law, a report relative to the Department’s peace and joy in the days ahead. I have At 11:40 a.m., a message from the Alternate Fuel Vehicle Program; to the witnessed first-hand the ripples that House of Representatives, delivered by Committee on Energy and Natural Re- emanate from simply human acts, good Ms. Niland, one of its reading clerks, sources. and bad. These ripples can reach across EC–5186. A communication from the, trans- announced that the Speaker has signed families, across borders, and across mitting, pursuant to law, the report of a rule the following joint resolution: generations. Mike’s ripples have made entitled ‘‘Assessment of Access Authoriza- this world a far better place. I honor H.J. Res. 76. A joint resolution making fur- tion Fees’’ (RIN3150–AH30) received on No- ther continuing appropriations for the fiscal his dedicated service and his life, as vember 4, 2003; to the Committee on Environ- year 2004, and for other purposes. ment and Public Works. well as the service rendered by CASA EC–5187. A communication from the Dep- workers and volunteers all across our The joint resolution was signed subsequently by the President pro tempore uty Associate Administrator, Environmental Nation.∑ Protection Agency, transmitting, pursuant (Mr. STEVENS). f to law, the report of a rule entitled ‘‘Clean Air Act Final Approval of Operating Pro- MESSAGES FROM THE PRESIDENT At 12:45 p.m., a message from the gram Revision; Michigan’’ (FRL#7585–3) re- House of Representatives, delivered by Messages from the President of the ceived on November 4, 2003; to the Com- Ms. Niland, one of its reading clerks, mittee on Environment and Public Works. United States were communicated to announced that the House agrees to EC–5188. A communication from the Dep- the Senate by Ms. Evans, one of his the report of the committee of con- uty Associate Administrator, Environmental secretaries. ference on the disagreeing votes of the Protection Agency, transmitting, pursuant f two Houses on the amendment of the to law, the report of a rule entitled ‘‘Preven- tion of Significant Deterioration (PSD) and EXECUTIVE MESSAGES REFERRED Senate to the bill (H.R. 1588) ‘‘to au- Non-attainment New Source Review (NSR): thorize appropriations for fiscal year As in executive session the Presiding Reconsideration’’ (FRL#7583–7) received on 2004 for military activities of the De- Officer laid before the Senate messages November 4, 2003; to the Committee on Envi- partment of Defense for military con- ronment and Public Works. from the President of the United struction, and for defense activities of EC–5189. A communication from the Dep- States submitting sundry nominations the Department of Energy, to prescribe uty Associate Administrator, Environmental which were referred to the appropriate personnel strengths for such fiscal year Protection Agency, transmitting, pursuant committees. to law, the report of a rule entitled ‘‘Trade for the Armed Forces, and for other (The nominations received today are Secrecy Claims for Emergency Planning and purposes. printed at the end of the Senate pro- Community Right-to-Know Information; and ceedings.) Trade Secret Disclosures to Health Profes- f sionals; Amendment’’ (FRL#7584–8) received f on November 4, 2003; to the Committee on MEASURES REFERRED MESSAGES FROM THE HOUSE Environment and Public Works. The following bill was read the first EC–5190. A communication from the Dep- At 10:58 a.m., a message from the and the second times by unanimous uty Associate Administrator, Environmental Protection Agency, transmitting, pursuant House of Representatives, delivered by consent, and referred as indicated: Ms. Niland, one of its reading clerks, to law, the report of a rule entitled ‘‘Water announced that the House has passed H.R. 1829. An act to amend title 18, United Quality Standards; Withdrawal of Federal States Code, to require Federal Prison Indus- the following bill, in which it requests Aquatic Life Water Quality Criteria for Cop- tries to compete for its contracts minimizing per and Nickel Applicable to South San the concurrence of the Senate: its unfair competition with private sector Francisco Bay, California’’ (FRL#7583–9) re- H.R. 1829. An act to amend title 18, United firms and their non-inmate workers and em- ceived on November 4, 2003; to the Com- States Code, to require Federal Prison Indus- powering Federal agencies to get the best mittee on Environment and Public Works. tries to compete for its contracts minimizing value for taxpayers’ dollars, to provide a EC–5191. A communication from the Dep- its unfair competition with private sector five-year period during which Federal Prison uty Associate Administrator, Environmental firms and their non-inmate workers and em- Industries adjusts to obtaining inmate work Protection Agency, transmitting, pursuant powering Federal agencies to get the best opportunities through other than its manda- to law, the report of a rule entitled ‘‘Water value for taxpayers’ dollars, to provide a tory source status, to enhance inmate access Quality Standards; Withdrawal of Federal five-year period during which Federal Prison to remedial and vocational opportunities and Nutrient Standards for the State of Arizona’’ Industries adjusts to obtaining inmate work other rehabilitative opportunities to better (FRL#7584–1) received on November 4, 2003; opportunities through other than its manda- prepare inmates for a successful return to so- to the Committee on Environment and Pub- tory source status, to enhance inmate access ciety, to authorize inmate work opportuni- lic Works. to remedial and vocational opportunities and ties in support of non-profit organizations, EC–5192. A communication from the Assist- other rehabilitative opportunities to better and for other purposes; to the Committee on ant Secretary, Legislative Affairs, Depart- prepare inmates for a successful return to so- the Judiciary. ment of State, transmitting, pursuant to the

VerDate jul 14 2003 03:01 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.035 S07PT1 S14270 CONGRESSIONAL RECORD — SENATE November 7, 2003 Arms Export Control Act, the report of the Constitution of the United States to protect *Margaret Scobey, of Tennessee, a Career certification of a proposed license for the ex- the rights of crime victims (Rept. No. 108– Member of the Senior Foreign Service, Class port of defense articles that are firearms sold 191). of Minister-Counselor, to be Ambassador Ex- commercially under a contract in the By Mr. GRASSLEY, from the Committee traordinary and Plenipotentiary of the amount of $1,000,000 or more to Belgium; to on Finance, with an amendment in the na- United States of America to the Syrian Arab the Committee on Foreign Relations. ture of a substitute: Republic. EC–5193. A communication from the Gen- S. 1637. A bill to amend the Internal Rev- *Thomas Thomas Riley, of California, to be eral Counsel, Office of Justice Programs, De- enue Code of 1986 to comply with the World Ambassador Extraordinary and Pleni- partment of Justice, transmitting, pursuant Trade Organization rulings on the FSC/ETI potentiary of the United States of America to law, the report of a rule entitled ‘‘Com- benefit in a manner that preserves jobs and to the Kingdom of Morocco. mon Rule on Government-wide Debarment production activities in the United States, to *Jackie Wolcott Sanders, for the rank of and Suspension (Non-procurement) and Gov- reform and simplify the international tax- Ambassador during her tenure of service as ernment-wide Requirements for Drug Free ation rules of the United States, and for United States Representative to the Con- Workplace (Grants)’’ (RIN1121–AA57) re- other purposes (Rept. No. 108–192). ference on Disarmament and the Special ceived on November 5, 2003; to the Com- By Mr. LUGAR, from the Committee on Representative of the President of the mittee on the Judiciary. Foreign Relations, without amendment and United States for Non-Proliferation of Nu- EC–5194. A communication from the Assist- with a preamble: clear Weapons. ant Chief for Regulations, Alcohol and To- S. Res. 237. A resolution welcoming the bacco Tax and Trade Bureau, Treasury De- public apologies issued by the President of *Mary Kramer, of Iowa, to be Ambassador partment, transmitting, pursuant to law, the Serbia and Montenegro and the President of Extraordinary and Plenipotentiary of the report of a rule entitled ‘‘Bennett Valley the Republic of Croatia and urging other United States of America to Barbados and to Viticultural Area’’ (RIN1513–AA36) received leaders in the region to perform similar conserve concurrently and without additional on November 5, 2003; to the Committee on crete acts of reconciliation. compensation as Ambassador Extraordinary the Judiciary. and Plenipotentiary of the United States of EC–5195. A communication from the Dep- By Mr. LUGAR, from the Committee on Foreign Relations, without amendment: America to St. Kitts and Nevis, Saint Lucia, uty General Counsel, Small Business Admin- Antigua and Barbuda, the Commonwealth of istration, New Market, transmitting, pursu- S. Res. 256. A resolution observing the 50th anniversary of the Mutual Defense Treaty Dominica, Grenada, and Saint Vincent and ant to law, the report of a rule entitled ‘‘New the Grenadines. Market Venture Capital Program’’ (RIN3245– between the United States and the Republic AE91) received on October 30, 2003; to the of Korea, affirming the deep cooperation and *Timothy John Dunn, of Illinois, a Career Committee on Small Business and Entrepre- friendship between the people of the United Member of the Senior Foreign Service, Class neurship. States and the people of the Republic of of Counselor, for the rank of Ambassador EC–5196. A communication from the Dep- Korea, and thanking the Republic of Korea during his tenure of service as Deputy Per- uty General Counsel, Small Business Admin- for it’s contributions to the global war on manent Representative to the Organization istration, New Market, transmitting, pursu- terrorism and to the stabilization and recon- of American States. ant to law, the report of a rule entitled struction of Afghanistan and Iraq. *James Curtis Struble, of California, a Ca- ‘‘Business Loans and Development Company By Mr. LUGAR, from the Committee on reer Member of the Senior Foreign Service, Loans’’ (RIN3245–AE68) received on October Foreign Relations, without amendment and Class of Minister-Counselor, to be Ambas- 30, 2003; to the Committee on Small Business with a preamble: sador Extraordinary and Plenipotentiary of and Entrepreneurship. S. Res. 258. A resolution expressing the the United States of America of America to EC–5197. A communication from the Dep- sense of the Senate on the arrest of Mikhail the Republic of Peru. B. Khodorkovsky by the Russian Federation. uty General Counsel, Small Business Admin- *Hector E. Morales, of Texas, to be United By Mr. LUGAR, from the Committee on istration, New Market, transmitting, pursu- States Alternate Executive Director of the Foreign Relations, without amendment: ant to law, the report of a rule entitled ‘‘Dis- Inter-American Development Bank. aster Loan Program—Disaster Mitigation S. 1317. A bill to amend the American *Marguerita Dianne Ragsdale, of Virginia, Act of 2000’’ (RIN3245–AE97) received on Oc- Servicemember’s Protection Act of 2002 to a Career Member of the Senior Foreign Serv- tober 30, 2003; to the Committee on Small provide clarification with respect to the eli- ice, Class of Counselor, to be Ambassador Ex- Business and Entrepreneurship. gibility of certain countries for United EC–5198. A communication from the Direc- States military assistance. traordinary and Plenipotentiary of the United States of America to the Republic of tor, Regulations Management, Veterans Ben- f efits Administration, transmitting, pursuant Djibouti. to law, the report of a rule entitled ‘‘Vet- EXECUTIVE REPORTS OF *Stuart W. Holliday, of Texas, to be Alter- erans Education: Indecent Study Approved COMMITTEES nate Representative of the United States of for Certificate Programs and Other Miscella- America for Special Political Affairs in the neous Issues’’ (RIN2900–AL34) received on Oc- The following executive reports of United Nations, with the rank of Ambas- tober 30, 2003; to the Committee on Veterans’ committees were submitted: sador. Affairs. By M. LUGAR for the Committee on For- EC–5199. A communication from the Direc- Mr. LUGAR. Mr. President, for the eign Relations: Committee on Foreign Relations I re- tor, Regulations Management, Veterans Ben- *Edward B. O’Donnell, Jr., of Tennessee, a efits Administration, transmitting, pursuant Career Member of the Senior Foreign Serv- port favorably the following nomina- to law, the report of a rule entitled ‘‘Disease ice, Class of Counselor, for the rank of Am- tion lists which were printed in the Associated with Exposure to Certain Herbi- bassador during his tenure of service as Spe- RECORDS on the dates indicated, and cide Agents: Chronic Lymphocytic Leu- cial Envoy for Holocaust Issues. ask unanimous consent, to save the ex- kemia’’ (RIN2900–AL55) received on October *Jon R. Purnell, of Massachusetts, a Ca- pense of reprinting on the Executive 30, 2003 ; to the Committee on Veterans’ Af- reer Member of the Senior Foreign Service, Calendar that these nominations lie at fairs. Class of Counselor, to be Ambassador Ex- EC–5200. A communication from the Na- the Secretary’s desk for the informa- traordinary and Plenipotentiary of the tion of Senators. tional President, Women’s Army Corps Vet- United States of America to the Republic of erans’ Association, transmitting, pursuant Uzbekistan. The PRESIDING OFFICER. Without to law, the annual audit of the Association; *Margaret DeBardeleben Tutwiler, of Ala- objection, it is so ordered. to the Committee on Veterans’ Affairs. bama, to be Under Secretary of State for *Foreign Service nominations beginning EC–5201. A communication from the Chief, Public Diplomacy. Elena L. Brineman and ending Stephen J. Regulations and Administrative Law, Coast *Zalmay Khalilzad, of Maryland, to be Am- Hadley, which nominations were received by Guard, transmitting, pursuant to law, the re- bassador Extraordinary and Plenipotentiary the Senate and appeared in the Congres- port of a rule entitled ‘‘Safety/Security Zone of the United States of America to the Tran- sional Record on October 3, 2003. Regulations [Including 245 Regulations]’’ sitional Islamic State of Afghanistan. (RIN1625–AA00) received on November 5, 2003; *Louise V. Oliver, of the District of Colum- *Foreign Service nominations beginning to the Committee on Commerce, Science, bia, for the rank of Ambassador during her Kenneth C. Brill and ending Steven C. Tay- and Transportation. tenure of service as the United States Per- lor, which nominations were received by the f manent Representative to the United Na- Senate and appeared in the Congressional Record on October 3, 2003. REPORTS OF COMMITTEES tions Educational, Scientific, and Cultural Organization. The following reports of committees *Nomination was reported with rec- *William J. Hudson, of Virginia, a Career ommendation that it be confirmed sub- were submitted: Member of the Senior Foreign Service, Class ject to the nominee’s commitment to By Mr. HATCH, from the Committee on of Minister-Counselor, to be Ambassador Ex- the Judiciary: traordinary and Plenipotentiary of the respond to requests to appear and tes- Report to accompany S.J. Res. 1, A joint United States of America to the Republic of tify before and duly constituted com- resolution proposing an amendment to the Tunisia. mittee of the Senate.

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.036 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14271 INTRODUCTION OF BILLS AND Interior to undertake a demonstration SON, Mr. BAUCUS, Mr. ENZI, Mr. JOINT RESOLUTIONS program for water reclamation in the KERRY, Mr. HARKIN, Mr. COLE- The following bills and joint resolu- Tularosa Basin of New Mexico, and for MAN, Mr. REID, and Mr. NELSON tions were introduced, read the first other purposes. of Nebraska): and second times by unanimous con- S. 1246 S. 1840. A bill to amend the Food Se- curity Act of 1985 to encourage owners sent, and referred as indicated: At the request of Mr. ROBERTS, the name of the Senator from Oklahoma and operations of privately-held farm By Mr. SMITH: and ranch land to voluntarily make S. 1839. A bill to extend the Temporary Ex- (Mr. INHOFE) was added as a cosponsor tended Unemployment Compensation Act of of S. 1246, a bill to amend the Internal their land available for access by the 2002; to the Committee on Finance. Revenue Code of 1986 to provide for col- public under programs administered by By Mr. CONRAD (for himself, Mr. ROB- legiate housing and infrastructure States; to the Committee on Agri- ERTS, Mr. DASCHLE, Mr. DAYTON, Mr. grants. culture, Nutrition, and Forestry. DORGAN, Mr. JOHNSON, Mr. BAUCUS, Mr. CONRAD. Mr. President, today I S. 1379 Mr. ENZI, Mr. KERRY, Mr. HARKIN, am joined by Senators ROBERTS, Mr. COLEMAN, Mr. REID, and Mr. NEL- At the request of Mr. JOHNSON, the DASCHLE, DAYTON, DORGAN, JOHNSON, SON of Nebraska): name of the Senator from Arkansas BAUCUS, ENZI, KERRY, HARKIN, COLE- S. 1840. A bill to amend the Food Security (Mrs. LINCOLN) was added as a cospon- MAN, REID, and NELSON of Nebraska in Act of 1985 to encourage owners and opera- sor of S. 1379, a bill to require the Sec- introducing the ‘‘Voluntary Public Ac- tors of privately-held farm and ranch land to retary of the Treasury to mint coins in cess and Habitat Incentive Program of voluntarily make their land available for ac- commemoration of veterans who be- cess by the public under programs adminis- 2003’’. tered by States; to the Committee on Agri- came disabled for life while serving in Newspaper headlines across North culture, Nutrition, and Forestry. the Armed Forces of the United States. Dakota over the past year confirm that S. 1419 one issue has emerged as among the f At the request of Ms. LANDRIEU, the most controversial that we have seen SUBMISSION OF CONCURRENT AND name of the Senator from Michigan in the State in some time. That issue SENATE RESOLUTIONS (Ms. STABENOW) was added as a cospon- has to do with who can hunt in North The following concurrent resolutions sor of S. 1419, a bill to support the es- Dakota, and under what conditions. and Senate resolutions were read, and tablishment or expansion and oper- As one State senator said during the referred (or acted upon), as indicated: ation of programs using a network of 2003 session of the North Dakota legis- public and private community entities lature: ‘‘In all my years in the legisla- By Mr. GRASSLEY: ture, I haven’t gotten so many calls as S. Res. 263. A resolution honoring the men to provide mentoring for children in and women of the Drug Enforcement Admin- foster care. [on] this one.’’ Some have called for stricter limits istration on the occasion of it’s 30th Anni- S. 1510 versary; to the Committee on the Judiciary. on the number of out-of-state sports- At the request of Mr. LEAHY, the By Mrs. FEINSTEIN (for herself, Mr. men in order to provide greater hunt- name of the Senator from Washington BROWNBACK, Mr. NELSON of Florida, ing opportunities for North Dakota Mrs. HUTCHISON, Mr. BINGAMAN, Mr. (Mrs. MURRAY) was added as a cospon- citizens. On the other side, many of the DOMENICI, Mr. KYL, Mr. CAMPBELL, sor of S. 1510, a bill to amend the Immi- rural businesses in North Dakota and Mr. HATCH): gration and Nationality Act to provide whose livelihoods have come to depend S. Con. Res. 79. A concurrent resolution ex- a mechanism for United States citizens increasingly on the dollars spent by pressing the sense of Congress that the and lawful permanent residents to President should secure the sovereign right non-resident hunters have urged a less sponsor their permanent partners for restrictive policy. of the United States of America and the residence in the United States, and for States to prosecute and punish, according to An article earlier this year in a the laws of the United States and the several other purposes. North Dakota paper began with the States, crimes committed in the United S. CON. RES. 73 declaration that, ‘‘No bill has stirred States by individuals who subsequently flee At the request of Mrs. FEINSTEIN, the more passion in people than Senate to Mexico to escape prosecution; to the Com- name of the Senator from Nebraska Bill 2048, which deals with capping the mittee on Foreign Relations. (Mr. NELSON) was added as a cosponsor number of out-of-state hunters.’’ One f of S. Con. Res. 73, a concurrent resolu- State legislator termed the debate over tion expressing the deep concern of the bill, ‘‘civil war between residents of ADDITIONAL COSPONSORS Congress regarding the failure of the North Dakota fighting over hunting S. 861 Islamic Republic of Iran to adhere to ground.’’ At the request of Mr. HOLLINGS, the its obligations under a safeguards At its core, the hunting debate is name of the Senator from Hawaii (Mr. agreement with the International about demand exceeding supply. Quite AKAKA) was added as a cosponsor of S. Atomic Energy Agency and the engage- simply, the public desire for hunting 861, a bill to authorize the acquisition ment by Iran in activities that appear and other outdoor recreation opportu- of interests in undeveloped coastal to be designed to develop nuclear weap- nities increasingly exceeds the amount areas in order to better ensure their ons. of land available for such activities. And the problem is growing worse each protection from development. S. RES. 262 year. Other States face a similar chal- S. 1053 At the request of Ms. SNOWE, the lenge, and they too are in a quandary At the request of Ms. SNOWE, the names of the Senator from New York as they seek to address it. names of the Senator from Massachu- (Mr. SCHUMER) and the Senator from In response to this growing problem, setts (Mr. KENNEDY), the Senator from New Mexico (Mr. BINGAMAN) were I have been working with a number of Iowa (Mr. HARKIN) and the Senator added as cosponsors of S. Res. 262, a my colleagues—as well as farm, con- from Connecticut (Mr. DODD) were resolution to encourage the Secretary servation, and sportsmen’s groups—to added as cosponsors of S. 1053, a bill to of the Treasury to initiate expedited develop a positive, straightforward, prohibit discrimination on the basis of negotiations with the People’s Repub- voluntary and incentive-based ap- genetic information with respect to lic of China on establishing a market- proach to addressing the ‘‘supply side’’ health insurance and employment. based currency valuation and to fulfill of this issue. And I am pleased to be in- S. 1211 its commitments under international troducing that initiative today. At the request of Mr. BINGAMAN, his trade agreements. Our proposal is a voluntary land- name was added as a cosponsor of S. f owner incentive program. Its formal 1211, a bill to further the purposes of title is the ‘‘Voluntary Public Access title XVI of the Reclamation Projects STATEMENTS ON INTRODUCED and Habitat Incentive Program of Authorization and Adjustment Act of BILLS AND JOINT RESOLUTIONS 2003’’. As the title indicates, it is 1992, the ‘‘Reclamation Wastewater and By Mr. CONRAD (for himself, Mr. strictly voluntary in nature. Groundwater Study and Facilities ROBERTS, Mr. DASCHLE, Mr. It would work like this: Under the Act’’, by directing the Secretary of the DAYTON, Mr. DORGAN, Mr. JOHN- program—which I to refer to as the

VerDate jul 14 2003 03:01 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.046 S07PT1 S14272 CONGRESSIONAL RECORD — SENATE November 7, 2003 ‘‘Open Fields’’ proposal, the U.S. De- under which landowners with CRP economic impact first created when partment of Agriculture would provide ground receive a bonus payment if they the CRP withdrew land from produc- $50 million per year to State programs take steps to improve habitat and tion and caused farmers to purchase that offer incentive payments to farm- allow public access on their CRP land. fewer inputs and other services so im- ers and ranchers who agree to allow Colorado recently implemented its portant to our struggling rural commu- public access on their land, under ‘‘Walk-In Access’’ program, under nities. So it is critically important terms established by each state. which interested hunters purchase a that we look for additional means to The ‘‘Open Fields’’ program would be $20 stamp that gives them access to increase sporting opportunities for the funded in the same way that Federal private land enrolled in the program public, and do so in a way that not only farm and conservation programs are and a directory of participating land- allows traditional farming operations currently financed—through USDA’s owners. to continue, but also increases a farm’s Commodity Credit Corporation. To re- All of these are fine, innovative pro- income-earning potential. Our proposal ceive funding under the program, inter- grams, but they lack the resources would do just that. ested states would describe the benefits needed to meet the public’s growing de- All in all, this program will be good that the state hopes to achieve by en- mand for places to hunt and engage in for farm income, good for conservation, couraging public access on private other forms of outdoor recreation. good for our struggling rural commu- farm and ranch land—through such ac- Make no mistake about it, wildlife- nities, and a positive force in strength- tivities as hunting, fishing, birding, related recreation is a major force in ening the bond between producers and and related outdoor activities—and the defining our national character and in the general public. methods that the State will use to shaping our economy. For example, ac- Finally, there are also broader policy achieve those benefits. cording to the U.S. Fish and Wildlife reasons to move in this direction. For In determining the distribution of Service, in 2001, 82 million Americans example, it is likely that future world funds under the program, USDA would age 16 years and older participated in trade agreements are increasingly give priority to those States that pro- wildlife-related recreation. During that going to limit the ability of the United pose—1. to maximize participation by year, over 34 million people fished, 13 States and other major agricultural offering a program whose terms are million hunted, and over 66 million producing countries to support our likely to meet with widespread accept- participated in at least one type of farmers in a way that is considered to ance among landowners in the state; 2. wildlife-watching activity such as ob- be trade, or market, ‘‘distorting.’’ In to ensure that land enrolled under the serving, feeding, or photographing other words, U.S. policymakers are state program has appropriate wildlife wildlife in the United States. likely to find it more and more dif- habitat; 3. to increase public access on According to the Fish & Wildlife ficult to provide government farm sup- land enrolled in habitat improvement Service, those 82 million people who port in a way that is tied either to pro- projects under the Conservation Re- engaged in wildlife-related activities duction or prices. Instead, we will have serve Enhancement Program; and 4. to spent an estimated $108 billion, includ- to find so-called ‘‘green box’’ means of use other Federal, state or private re- ing over $35 billion on fishing and near- supporting farm income—payments sources, in a collaborative way, to ly $21 billion on hunting. That’s big that are not based on bushels produced carry out the program. business by any definition, and it is a But participation by the States and slice of the national economy that is or current commodity prices. That’s individual land owners in each State increasingly important to our rural clearly the direction that the European would, as I have indicated, be com- communities and small businesses. In Union is taking, and we had better pletely voluntary. 2001 alone, for example, $20 billion was take notice. The program we are an- In designing the ‘‘Open Fields’’ pro- spent on food, lodging, and transpor- nouncing today fits neatly in the cur- gram, our aim has been to build on tation by those who hunted and fished, rent green box definition, and should what works—to grease the wheel, rath- while wildlife-watching participants, be one of the many tools available to er than re-invent it. For example, including birders, spent another $8.2 support farm income well into the fu- about 13 States already have programs billion on those same items. ture, even if new trade agreements con- designed to increase the amount of pri- In North Dakota, wildlife-related strain our farm policy options. vate land available to the public, but recreation generated nearly $1 billion I am pleased that our legislation has these programs are generally modest in for the State’s economy during the already received the support of a num- scope and suffer from limited funding. 2001–2002 season, according to the ber of farm, sportsmen, and conserva- Our legislation is designed to give North Dakota Game and Fish Commis- tion organizations, including the North these struggling State programs a sion. The Commission estimates that Dakota Farmers Union, the North Da- needed shot in the arm and to encour- direct spending by hunters and anglers kota Farm Bureau, the National Farm- age other States. laws $469 million during the season, ers Union, the Theodore Roosevelt Con- In North Dakota, for example, we generating nearly $545 million in addi- servation Partnership, the Wildlife have the Private Land Initiative, under tional economic activity. North Da- Management Institute, the Izaak Wal- which revenue generated from the sale kota ranks second in the Nation in ton League of America, the Inter- of habitat stamps is used to provide terms of the percentage of the State’s national Association of Fish and Wild- cost-share assistance for wildlife habi- resident’s who hunt, 19 percent, and life Agencies, the Congressional tat, and to support the Conservation fifth among States in the percentage of Sportsmen’s Foundation, the National PLOTS program—PLOTS stands for State residents who fish, 29 percent. Rifle Association, the Mule Deer Foun- ‘‘Private Land Open To Sportsmen.’’ To underscore the importance of non- dation, Pheasants Forever, the Amer- Under this program, owners agree to resident hunters to my State, the Fish ican Sportfishing Association, Pure make their land accessible to the pub- and Wildlife Service estimates that Fishing, Trout Unlimited, Bass Anglers lic in return for cost-share and incen- North Dakota ranks third among Sportsmen Society, the Ruffed Grouse tive payments. Earlier this year, State States in the percentage of hunters in Society, the Wildlife Society, the Pope officials made an additional $1.5 mil- the State who are non-residents. The and Young Club, the Federal of lion available to increase public access estimated 52,000 non-resident hunters Flyfishers, the International Hunter on private land, in an effort to help dif- in our State make up an estimated 37 Education Association, the Boone and fuse tensions in the debate over resi- percent of all hunters. Only South Da- Crocket Club, the Sporting Goods Man- dent versus non-resident hunters. kota, 65 percent, and Colorado, 43 per- ufacturers Association, the National Other States have similar programs. cent, rank higher. Shooting Sports Foundation, the North Kansas, for example, has its ‘‘Walk-In In addition, there is ample evidence, American Grouse Partnership, the Hunting’’ program. Montana has a from North Dakota State University Texas Wildlife Association, and the ‘‘Block Management, Public Access/ and individual business owners, that United Association of Journeymen and Private Land’’ program. Nebraska the wildlife and hunting opportunities Apprentices of the Plumbing and Pipe sponsors a Conservation Reserve Pro- created by the Conservation Reserve Fitting Industry of the United States gram/Management Access Program, Program have helped to cushion the and Canada.

VerDate jul 14 2003 03:01 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.051 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14273 In closing, let me quote from one of We look forward to working with you to SEC. 2. FINDINGS. news articles that appeared in a North enact this legislation as expeditiously as Congress finds that— Dakota paper last year. possible. (1) according to the United States Fish and Sincerely, Wildlife Service, in 2001, 82,000,000 individ- Commenting on the controversy over Theodore Roosevelt Conservation Partner- uals in the United States aged 16 years and the proposed change in the pheasant ship. older participated in wildlife-related recre- season opening date, the Bismark Trib- Wildlife Management Institute. ation, including 34,000,000 individuals who une editorialized that, ‘‘On one ex- Izaak Walton League of America. hunted, and more than 66,000,000 who en- treme are landowners catering to out- International Association of Fish and gaged in wildlife-related recreation such as Wildlife Agencies. of-state hunters, in part, because of observing, feeding, or photographing wild- Congressional Sportsmen’s Foundation. life, in the United States; weak and declining rural economies. National Rifle Association. (2) individuals who participated in wildlife- Mule Deer Foundation. For them, this is a matter of survival. related activities in 2001 spent an estimated On the other hand, many sportsmen Pheasants Forever. American Sportfishing Association. $108,000,000,000, including— feel that the growing numbers of acres Pure Fishing. (A) more than $35,000,000,000 on fishing; dedicated to out-of-state hunters, will- Trout Unlimited. (B) nearly $21,000,000,000 on hunting; and ing to pay big bucks to hunt, are de- Bass Anglers Sportsmen Society. (C) more than $28,000,000,000 on food, lodg- stroying the sport for the state’s resi- Ruffed Grouse Society. ing, and transportation; dents . . . The two sides are a long, The Wildlife Society. (3) the growing public demand for outdoor Trout Unlimited. long way apart.’’ recreational opportunities is increasingly Pope & Young Club. constrained by the limits on both public and My hope is that we can find ways to Federation of Flyfishers. private land resources; bring people together, and in the proc- The International Hunter Education Asso- (4) limited public access on private land ess strengthen our rural economy, en- ciation. has often frustrated and disappointed hunt- Boone and Crockett Club. ers and other naturalists, and undermined courage conservation, and preserve our Sporting Goods Manufacturers Associa- the relationship between land owners and hunting traditions for generations to tion. the general public; come. And that’s what this proposal is National Shooting Sports Foundation. all about. North American Grouse Partnership. (5) several States have established successful but modest walk-in programs to encour- I ask unanimous consent that addi- Texas Wildlife Association. United Association of Journeymen and Ap- age public access on private farm and ranch tional material be printed in the prentices of the Plumbing and Pipe Fitting land, yet the demand for such voluntary ac- RECORD. Industry of the United States and Canada. cess programs remains largely unfulfilled; There being no objection, the mate- (6) traditional agricultural markets have rial was ordered to be printed in the NATIONAL FARMERS UNION, in recent years offered limited income oppor- November 6, 2003. tunities for farm and ranch land owners and RECORD, as follows: operators; and NOVEMBER 6, 2003. Hon. KENT CONRAD, Ranking Member, Senate Budget Committee, (7) current proposals to reform world agri- Hon. KENT CONRAD, cultural trade favor the development of new Hon. PAT ROBERTS. U.S. Senate, Washington, DC. DEAR SENATOR CONRAD: On behalf of the methods to support the income of agricul- DEAR SENATORS: We are writing to express 300,000 family farmers and rancher members tural producers that have minimal impact on our support for the Voluntary Public Access of the National Farmers Union (NFU), I agricultural production and prices. and Habitat Incentive Program Act of 2003, write in support of your legislation to estab- SEC. 3. VOLUNTARY PUBLIC ACCESS AND HABI- your legislation to establish state-adminis- lish a voluntary incentive program to en- TAT INCENTIVE PROGRAM. tered, voluntary, incentive-based programs courage farmers and ranchers to provide pub- (a) IN GENERAL.—Chapter 5 of subtitle D of to expand public access to private lands. lic access for hunting on their property title XII of the Food Security Act of 1985 (16 In an era when more and more hunters and where appropriate wildlife habitat is main- U.S.C. 3839bb et seq.) is amended by adding anglers are faced with ‘‘no trespassing’’ signs tained. at the end the following: and more land is being converted to commer- We believe the ‘‘Voluntary Public Access ‘‘SEC. 1240Q. VOLUNTARY PUBLIC ACCESS AND cial hunting and fishing operations, this leg- and Habitat Incentive Program Act of 2003’’ HABITAT INCENTIVE PROGRAM. islation is critically needed to expand access can act both as an important supplement to ‘‘(a) IN GENERAL.—The Secretary shall es- to places to hunt and fish. existing state programs as well as an appro- tablish a voluntary public access program This summer, Field and Stream magazine priate stimulus to create new opportunities under which States may apply for grants to published the results of its 2003 National in additional states. In addition, this pro- encourage owners and operators of privately- Hunting Survey. Based on that survey, Field gram can help alleviate the potential con- held farm and ranch land to voluntarily an Stream concluded that a major reason for flict between landowners and the rapidly make that land available for access by the the decline of hunting in America is the lack growing demand by hunters for increased ac- public under programs administered by the of available habitat and access to that habi- cess to rural lands by expanding the avail- States. tat. As representatives of outdoor enthu- ability of private land where hunting is al- ‘‘(b) APPLICATIONS.—In submitting applica- siasts that would benefit from greater access lowed. tions for a grant under the program, a State to private lands, we applaud your efforts to Experience demonstrates that the rural shall describe— enact this new voluntary, incentive-based impact of hunting on private lands can be an ‘‘(1) the benefits that the State intends to program. We estimate that your legislation, important contributor to rural economic de- achieve by encouraging public access on pri- if fully funded, would encourage landowners velopment and provide a much needed boost vate farm and ranch land, through such ac- to open up more than 10 million new acres of to the incomes of farmers and ranchers as tivities as hunting, fishing, bird watching, private land to the public each year, dra- well as rural businesses. Your proposed legis- and related outdoor activities; and matically enhancing the experiences of hunt- lation provides a unique opportunity to en- ‘‘(2) the methods that will be used to ers and anglers as well as bird watchers, hance the potential of hunting activities in achieve those benefits. hikers, and others who enjoy the outdoors. our Nation’s rural areas while ensuring that ‘‘(c) PRIORITY.—In approving applications A number of states already have estab- producer participation is voluntary and that and awarding grants under the program, the lished programs to work cooperatively with contract terms are designed to achieve a Secretary shall give priority to States that private landowners to pay for access to their high level of both local control and land- propose— lands. Kansas, South Dakota, North Dakota, owner acceptance. ‘‘(1) to maximize participation by offering Wyoming, Montana, and Nebraska all have We look forward to working with you and a program the terms of which are likely to very successful programs that open millions your colleagues to achieve passage and im- meet with widespread acceptance among of acres of lands to the public each year, and plementation of this incentive program. landowners; several other states are initiating similar Sincerely, ‘‘(2) to ensure that land enrolled under the programs. These programs are popular with DAVID J. FREDERICKSON, State program has appropriate wildlife habi- hunters and anglers as well as private land- President. tat; owners. In fact, due to a lack of financial re- ‘‘(3) to strengthen wildlife habitat im- sources, many states are unable to take ad- S. 1840 provement efforts on land enrolled in a spe- vantage of the offers by private landowners Be it enacted by the Senate and House of Rep- cial conservation reserve enhancement pro- to enroll in their access programs. By resentatives of the United States of America in gram described in 1234(f)(4) by providing in- supplementing state resources that cur- Congress assembled, centives to increase public access on that rently are being dedicated to this purpose, SECTION 1. SHORT TITLE. land; and your legislation will provide additional in- This Act may be cited as the ‘‘Voluntary ‘‘(4) to use additional Federal, State, or come to ranchers and farmers, while expand- Public Access and Wildlife Habitat Incentive private resources in carrying out the pro- ing opportunities to hunters and anglers. Program Act of 2003’’. gram.

VerDate jul 14 2003 05:27 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.053 S07PT1 S14274 CONGRESSIONAL RECORD — SENATE November 7, 2003 ‘‘(d) RELATIONSHIP TO OTHER LAWS.—Noth- to enjoy these activities. Providing in- S. RES. 263 ing in this section preempts a State law (incentives to increase public access to Whereas the Drug Enforcement Adminis- cluding any State liability law). private lands can enhance outdoor rec- tration (DEA) was first created by executive ‘‘(e) REGULATIONS.—The Secretary shall reational opportunities and help rural order on July 6, 1973, merging the previously promulgate such regulations as are nec- economies. separate law enforcement and intelligence essary to carry out this section.’’. agencies responsible for narcotics control; (b) FUNDING.—Section 1241(a) of the Food In many rural areas businesses associated with wildlife recreation, such as Whereas the first Administrator of the Security Act of 1985 (16 U.S.C. 3841(a)) is DEA, John R. Bartels, Jr., was confirmed by amended by adding at the end the following: sporting goods stores, campgrounds, the Senate on October 4, 1973; ‘‘(8) The voluntary public access program and motels and hotels, are an impor- Whereas since 1973 the men and women of under section 1240Q, using, to the maximum tant part of the economy. By increas- the DEA have served our Nation with cour- extent practicable, $50,000,000 in each of fis- ing the lands available for outdoor age, vision and determination, protecting all cal years 2003 through 2007.’’. recreation, not only will more local Americans from the scourge of drug traf- SEC. 4. PREVENTION OF EXCESS BASE ACRES. residents be able to enjoy this activity, ficking, abuse, and related violence; Section 1101(g)(2) of the Farm Security and but we will also encourage more people Whereas between 1986 and 2002 alone, DEA Rural Investment Act of 2002 (7 U.S.C. agents seized over 10,000 kilograms of heroin, 7911(g)(2)) is amended by striking subpara- to visit rural areas, bringing additional revenue to these rural communities. 900,000 kilograms of cocaine, 4,600,000 kilo- graph (C). grams of marijuana, 113,000,000 dosage units When hunting, bird watching or hiking of hallucinogens, and 1,500,000,000 dosage SECTION-BY-SECTION SUMMARY—VOLUNTARY on accessible lands, visitors stay in units of methamphetamine, and made over PUBLIC ACCESS AND HABITAT INCENTIVE local lodging, purchase goods in stores 443,000 arrests of drug traffickers; PROGRAM OF 2003 and eat in restaurants. The money gen- Whereas DEA agents continue to lead task SEC. 1. Title: ‘‘Voluntary Public Access and erated from these activities is good for forces of Federal, State, and local law en- Habitat Incentive Program of 2003’’. rural economies. forcement officials throughout the Nation, SEC. 2. Findings: Describes— In many States, such as Iowa, many in a cooperative effort to stop drug traf- (1) the importance of wildlife-related recre- farmers and landowners have tradition- ficking and put drug gangs behind bars; ation of the U.S. economy; Whereas throughout its history many DEA (2) the growing demand for outdoor recre- ally granted hunters and other outdoor recreationists permission to use their employees and members of DEA task forces ation activities such as hunting, fishing, and have given their lives in the defense of our wildlife watching; land when asked. This bill will help Nation, including: Emir Benitez, Gerald Saw- (3) the increasingly limited opportunities compensate owners and operators of yer, Leslie S. Grosso, Nickolas Fragos, Mary for the public to access private land; farm and ranch land for their gen- M. Keehan, Charles H. Mann, Anna Y. (4) the modest hunter access programs erosity and also encourage more of Mounger, Anna J. Pope, Martha D. Skeels, begun in some states; and them to provide such access to their Mary P. Sullivan, Larry D. Wallace, Ralph (5) the need to identify WTO-compliant land. And, of course, this bill will ben- N. Shaw, James T. Lunn, Octavio Gonzalez, means of supporting farm income in the fu- efit wildlife by encouraging landowners Francis J. Miller, Robert C. Lightfoot, ture. Thomas J. Devine, Larry N. Carwell, SEC. 3. Establishes the ‘‘Voluntary Public and operators to maintain, increase and improve habitat for wildlife. Marcellus Ward, Enrique S. Camarena, Access and Habitat Incentive Program of James A. Avant, Charles M. Bassing, Kevin 2003’’ and provides $50 million in Commodity In States access programs now oper- L. Brosch, Susan M. Hoefler, William Ramos, Credit Corporation funds annually (2003–07) ating, information listing enrolled pri- Raymond J. Stastny, Arthur L. Cash, Terry to States for the purpose of encouraging vate land is often readily available to W. McNett, George M. Montoya, Paul S. owners and operators of privately-held farm allow recreationists to access the land Seema, Everett E. Hatcher, Rickie C. Finley, and ranch land to voluntarily make their without the need to bother the owners Joseph T. Aversa, Wallie Howard, Jr., Eu- land available for access by the public under to ask for permission. Many existing gene T. McCarthy, Alan H. Winn, George D. programs administered by the States. Pri- Althouse, Becky L. Dwojeski, Stephen J. ority for funding under the program is given programs also have the very important benefit of reducing the liability of Strehl, Richard E. Fass, Juan C. Vars, Jay to those States that propose— W. Seale, Meredith Thompson, Frank S. Wal- (1) to maximize participation by offering a landowners and operators in case of in- lace, Jr., Frank Fernandez, Jr., Kenneth G. program whose terms are likely to meet with jury to people using their land. State McCullough, Carrol June Fields, Rona L. widespread acceptance among landowners; programs also help ensure enforcement Chafey, Shelly D. Bland, Carrie A. Lenz, (2) to ensure that land enrolled under the of hunting and other regulations and Shaun E. Curl, Royce D. Tramel, Alice Faye State program has appropriate wildlife habi- help landowners and operators posts Hall-Walton, and Elton Armstead; tat; Whereas many other employees and task (3) to strengthen wildlife habitat improve- signs and information. force officers of the DEA have been wounded ment efforts on land enrolled under the Con- Currently at least 13 States have or injured in the line of duty; and servation Reserve Enhancement Program; public access programs that would be Whereas in its 173 domestic offices and 78 and eligible for funds from this bill. While (4) to use additional Federal, State, or pri- Iowa currently does not have a pro- foreign offices worldwide the over 8,800 employees of the DEA continue to hunt down vate resources in carrying out the program. gram, there is great interest in start- Clarifies that nothing in the bill preempts and bring to justice the drug trafficking caring a program, and I believe this bill tels that seek to poison our citizens with a State law (inclosing any State liability will enable Iowa to start one. This bill law). dangerous narcotics: Now, therefore, be it Resolved, That the Senate— SEC. 4. Repeals Sec. 1101(b)(2)(C) of the 2002 provides flexibility to allow States to Farm Bill, a provision that USDA has inter- design programs to meet the particular (1) congratulates the Drug Enforcement preted to require that land enrolled under needs and interests of landowners and Administration on the occasion of its 30th any State conservation program that pro- recreationists in each State while at Anniversary; hibits the production of a crop be removed the same time ensuring that the goals (2) honors the heroic sacrifice of those of its employees who have given their lives or from a farm’s acreage base for purposes of of increasing wildlife habitat and avail- federal farm program benefits. been wounded or injured in the service of our able lands for public recreation are Nation; and Mr. HARKIN. Mr. President, I am met. (3) thanks all the men and women of the I am proud to cosponsor this bill and Drug Enforcement Administration for their pleased to join Senators CONRAD, ROB- urge my colleagues to support it. past and continued efforts to defend the ERTS and others in introducing the Vol- f American people from the scourge of illegal untary Public Access and Wildlife drugs. Habitat Incentive Program Act of 2003. SUBMITTED RESOLUTIONS This bill offers an excellent oppor- Mr. GRASSLEY. Mr. President, it is tunity to help conserve wildlife habi- with great pride that I honor and con- tat, increase the amount of land avail- SENATE RESOLUTION 263—HON- gratulate the Drug Enforcement Agen- able for outdoor recreational activi- ORING THE MEN AND WOMEN OF cy on its 30th Anniversary. This is an ties, and help farmers and ranchers. THE DRUG ENFORCEMENT AD- important milestone for the DEA and Hunting and other outdoor activities MINISTRATION ON THE OCCA- for our country. Over the last thirty are very popular and are an important SION OF ITS 30TH ANNIVERSARY years the men and women of the DEA part of our country’s heritage. Unfor- Mr. GRASSLEY submitted the fol- have worked in communities around tunately, the shortage of public land in lowing resolution; which was referred the Nation to improve the quality of some States limits the ability of people to the Committee on the Judiciary: life for all Americans.

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.048 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14275 The Drug Enforcement Agency was SENATE CONCURRENT RESOLU- 4, 1978, and entered into force January 25, established on October 4, 1973, soon TION 79—EXPRESSING THE 1980 (31 UST 5059), by renegotiating the trea- after John R. Bartles, Jr., was con- SENSE OF CONGRESS THAT THE ty or taking other action to ensure that the PRESIDENT SHOULD SECURE possibility that criminal suspects from Mex- firmed by the Senate as the DEA’s first ico may face capital punishment or life im- Administrator. Since then, the men THE SOVEREIGN RIGHT OF THE prisonment will not interfere with the un- and women of the DEA have continued UNITED STATES OF AMERICA conditional and timely extradition of such to serve our Nation with courage and AND THE STATES TO PROS- criminal suspects to the United States. dedication in the face of great odds. ECUTE AND PUNISH, ACCORDING TO THE LAWS OF THE UNITED In recognition of this thirty year Mrs. FEINSTEIN. Mr. President, I STATES AND THE SEVERAL milestone, it is fitting that we pay rise to submit S. Con. Res. 795, a Sen- STATES, CRIMES COMMITTED IN tribute to the work and sacrifices of ate concurrent resolution calling upon THE UNITED STATES BY INDI- the President to address Mexico’s fail- the men and women of the DEA and VIDUAL WHO SUBSEQUENTLY ure to fulfill its obligations under the also acknowledge the organizations FLEE TO MEXICO TO ESCAPE U.S.-Mexico Extradition Treaty, which many accomplishments. PROSECUTION entered into force in January 1980. I am Currently the DEA operates 173 do- Mrs. FEINSTEIN (for herself, Mr. delighted that Senators BROWNBACK, mestic offices and 78 overseas offices BROWNBACK, Mr. NELSON of Florida, BILL NELSON, HUTCHISON, BINGAMAN, with over 8,800 employees. The DEA Mrs. HUTCHISON, Mr. BINGAMAN, Mr. DOMENICI, KYL, and CAMPBELL join me continues to lead task forces through- DOMENICI, Mr. KYL, Mr. CAMPBELL, and in submitting this resolution. out our Nation’s communities in a co- Mr. HATCH) submitted the following Specifically, this resolution calls operative effort to control both the concurrent resolution; which was re- upon President Bush to renegotiate the consumption and flow of illegal drugs. ferred to the Committee on Foreign Extradition Treaty or take other ac- Between 1986 and 2002, DEA agents Relations: tions to ensure that the U.S. can extra- seized over 10,000 kilograms of heroin, S. CON. RES. 79 dite serious criminals back to the U.S. 900,000 kilograms of cocaine, 4,600,000 Whereas, under the Extradition Treaty be- for appropriate prosecution and punish- kilograms of marijuana, 113,000,000 dos- tween the United States of America and the ment. United Mexican States, signed at Mexico In my view, this treaty—at least as age units of hallucinogens, and City May 4, 1978, and entered into force Jan- 1,500,000,000 dosage unites of meth- interpreted by Mexico—is simply not uary 25, 1980 (31 UST 5059) (hereafter the ‘‘Ex- working as intended. While the U.S. is amphetamine, and made over 443,000 tradition Treaty’’), Mexico has refused to ex- arrests of drug traffickers. tradite unconditionally to the United States currently attempting to extradite hun- fugitives facing capital punishment; dreds of fugitives from Mexico, since Let me also express my deepest Whereas the Mexican Supreme Court ruled 1996, Mexico has sent back only a rel- thanks to the DEA for their work and in October 2001, that life imprisonment vio- ative handful every year. For example, commitment to protecting the commu- lates the Constitution of Mexico, and Mexico in fiscal years 1996 through 2002, Mex- nities of Iowa. Although Interstates 80 has subsequently repeatedly violated the Ex- ico only extradited an average of 14 in- and 35 cross Iowa providing a ready tradition Treaty by refusing to extradite un- dividuals to the U.S. each year. Even smuggling route for many drug traf- conditionally criminals who face life sen- worse, Mexico’s recent interpretation ficking organizations, their work has tences in the United States; Whereas numerous individuals have com- of this treaty has effectively elimi- had a tremendous effect on our efforts mitted serious crimes in the United States, nated our ability to extradite persons to squeeze the flow of illegal narcotics fled to Mexico to avoid prosecution, and have charged with serious crimes who flee to through the state. During 2002 the DEA not been brought to justice in the United Mexico to avoid prosecution in the participated in 28 highway interdic- States because of Mexico’s interpretation of United States. tions in Iowa, leading to the seizure of the Extradition Treaty; This interpretation has jeopardized approximately 56 kilograms of cocaine, Whereas these individuals include the per- the safety of both American and Mexi- 40.5 pounds of methamphetamine, 2,075 sons responsible for the April 29, 2002, murder of Deputy Sheriff David March, the July can citizens, undermined the integrity pounds of marijuana, and nearly $1.9 17, 2000, killing of Officer Michael Dunman, of our criminal justice system, denied million in cash. Additionally they as- the August 29, 1998, murder of 12 year old basic rights and closure to crime vic- sisted in the seizure of 871 clandestine Stephen Morales, the April 9, 1999, attempted tims, and allowed serious felons to es- laboratories. murder of Anabella Van Perez and the subse- cape just punishment. The result is quent August 26, 1999, murder of her father, that Mexico is becoming a safe haven Throughout its history, the DEA has Carlos Vara, and the December 22, 1989, mur- proven steadfast in their commitment for hard-core criminals. If you steal a der of Mike Juan; car in the U.S., Mexico will return you to bringing drug traffickers to justice. Whereas attorneys general from all 50 Their service to our country has indeed States, the National League of Cities, and to face prosecution and punishment. If made a tremendous difference in our numerous elected officials, municipalities, you kill the driver, Mexico will protect you. nation’s communities. However, these and law enforcement associations have asked accomplishments did not come without the United States Attorney General and the The problem in a nutshell is that, Secretary of State to address this extra- since October 2001, Mexico has read the a price. Many men and women of the dition issue with their counterparts in Mex- DEA have given their lives and many U.S.-Mexico Extradition Treaty as bar- ico; ring the extradition to the United others wounded and injured in the de- Whereas United States Government offi- States of anyone who faces a potential fense of our Nation. cials at various levels have raised concerns about the extradition issue with their coun- life term. In other words, if a person I am pleased to submit a resolution terparts in Mexico, including presenting a commits a serious crime in the U.S.— honoring the men and women of the Protest Note to the Government of Mexico one that could subject them to a max- DEA on their 30th anniversary for their objecting that Mexico’s interpretation of the imum life term—and heads south, Mex- efforts to defend the American people Extradition Treaty is ‘‘unsupported by the ico will refuse to extradite that person from illegal drugs. I encourage my col- Treaty’’ and effectively ‘‘eviscerates’’ it, to the U.S. to face prosecution and leagues to join with me in congratu- with few positive results; and punishment in this country. Whereas the Extradition Treaty, as inter- lating and honoring the men and preted by Mexico, interferes with the justice While it has been difficult to deter- women of the DEA for their many ac- system of the United States and encourages mine the full scope of the problem, I complishments and sacrifices through- criminals to flee to Mexico; Now, therefore, am informed by prosecutors in Cali- out their first thirty years. I have be it fornia that, as a result of Mexico’s in- every confidence that these men and Resolved by the Senate (the House of Rep- terpretation of the Extradition Treaty, women will continue in that same tra- resentatives concurring), That it is the sense there are as many as 350 people who of Congress that the President should addition of excellence. To those in the dress Mexico’s failure to fulfill its obliga- have committed murder and other seri- DEA both past and present, I offer my tions under the Extradition Treaty between ous crimes in California who have ei- sincerest gratitude for your courage, the United States of America and the United ther not been extradited or have been dedication, and service. Mexican States, signed at Mexico City May effectively rendered non-extraditable.

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.076 S07PT1 S14276 CONGRESSIONAL RECORD — SENATE November 7, 2003 These 350 people have thus escaped not invited or consulted. And sen- into society. It is, therefore, unques- appropriate prosecution and punish- tences—often reduced on appeal—fre- tionable that the requesting [i.e., ex- ment under California law. Many of quently bear little resemblance to traditing] State must bind itself not to these people are living free and those authorized by U.S. sentencing impose the penalty of life imprison- unpunished in Mexico. In some cases, laws. ment, only another less serious punish- we even know where they are. Not surprisingly, according to an ar- ment. ticle in the Las Vegas Review-Journal, Let me quote from a recent Santa Article 22 of the Mexican Constitu- ‘‘More than a dozen prosecutors in Ne- Barbara News Press article: A half tion prohibits ‘‘[p]unishment by muti- vada, California and Arizona who were dozen people wanted in the slayings of lation and extreme cruelty, branding, interviewed for this story criticized Ar- Santa Barbara residents are believed to flogging, beating with sticks, torture ticle IV as an ineffectual alternative to be living free in Mexico. Santa Barbara of any kind, excessive fines, confisca- extradition.’’ One prosecutor, Jan police detectives even know where tion of property and any other unusual Maurizi of the Los Angeles District At- three of them live. But there’s not or extreme penalties....’’ much they can do about it. ‘‘If I had torney’s Office, stated that she ‘‘sent unfettered access to the proper inves- demands to the Mexican government In light of the fact that the Extra- tigative tools and contacts, we could asking what happened to 97 Article IV dition Treaty prohibits Mexico from have them in custody in a matter of cases that have seemingly disappeared extraditing criminals to the U.S. un- days,’’ said Detective Tim Roberts . . . from the justice system. Mexico . . . less the U.S. agrees to waive the death ‘‘But that’s not the case.’’ never responded. But from others we’ve penalty, it is interesting to note that Let me give you an example of an- talked to in unofficial channels, it’s Article 22 of the Mexican Constitution other especially heinous case. clear the vast majority of them are specifically allows the death penalty On April 29, 2002, Armando Garcia, a grossly inadequate sentences. Most of for ‘‘high treason committed during a Mexican national who had been pre- them, nothing happens.’’ foreign war; parricide; murder that is viously charged in the U.S. with two Another prosecutor, Val Jimenez, the treacherous, premeditated, or com- counts of attempted murder, allegedly special agent supervisor of the Foreign mitted for profit; arson; abduction; shot and killed, execution-style, 33- Prosecution Unit at the California At- highway robbery; piracy; and grave year-old Los Angeles County Deputy torney General’s Office, has mentioned military offenses.’’ Sheriff David March during a routine one recent case where a defendant ‘‘got So, in other words, according to the traffic stop in Irwindale, CA. Garcia 20 years for doing a homicide, appealed, Mexican Supreme Court, the Mexican then fled to Mexico, where he remains and he was out in 18 months.’’ And Constitution allows the death penalty a free man. even if defendants were convicted, they for highway robbery in Mexico but, Los Angeles District Attorney Steve may not serve real time. It was not should an American criminal murder a Cooley has not formally requested Gar- until last year that Mexico finally tore police officer in California and then cia’s extradition because he says that down the infamous La Mesa State Pen- flee to Mexico, Mexico will refuse to there is no point. Mexico will demand itentiary in Tijuana. La Mesa was a turn this person over to the U.S. if he that Cooley promise that Garcia will place where prisoners were free to pur- would face either the death penalty or not receive life in prison for his chase $25,000 townhomes with cell a possible life term. crime—a promise that cannot be made phones, tiled bathrooms, Jacuzzis, In my view, this makes no sense. because in this country sentences are microwaves, computers, DVD players, However, Mexico as a sovereign nation up to a judge to set, once a person has and guard dogs such as Rottweilers. is free to interpret its domestic law as been convicted of a crime. The results One murder in the prison was com- it sees fit. I do not quarrel with their is that Garcia remains at large in Mex- mitted with a Uzi. interpretation of their own law. But I ico. The U.S.-Mexico Extradition Treaty do question whether Mexico can unilat- And earlier this year there was a hor- provides that neither country is bound erally rewrite the U.S.-Mexican Extra- rific case in Santa Cruz implicating the to deliver up its nationals for extradition Treaty. And that is exactly the Extradition Treaty. Miguel Ramirez dition. It further provides that where effect of its interpretation of the Trea- Loza, 27 years old, allegedly attacked the offense for which extradition is ty as barring extradition to the U.S. of his 17-year-old girlfriend in an aban- sought is punishable by death, a coun- any alleged criminal who faces a pos- doned preschool building, slashing her try may refuse to extradite unless the sible life term. In fact, Mexico’s inter- throat and then spitting on her. As his country seeking extradition assures pretation of the Treaty is unsupported girlfriend lay dying, he then raped the that it will not impose the death pen- by and inconsistent with the Treaty’s victim’s 17-year-old friend. Loza’s alty. Under the Treaty, the death pen- language, purpose, structure, and his- girlfriend was in a coma for months alty is the sole punishment for which tory. It is also conflicts with the Vi- after the crime and just recently died. assurances may be required. For dec- Loza is now in Mexico and is appar- ades, Mexico has extradited suspects to enna Convention on the Law of Trea- ently in a Mexican jail as a result of a California and other states without in- ties, which states that a treaty shall be stabbing in Mexico unrelated to the ordinate problems. Then, in October interpreted ‘‘in accordance with the or- Santa Cruz incident. However, accord- 2001, the Mexican Supreme Court ruled dinary meaning to be given to the ing to Santa Cruz District Attorney that life imprisonment violates the terms of the treaty in their context Bob Lee, Loza cannot be extradited for Constitution of Mexico and extended and in light of its object and purpose.’’ the murder and rape in California be- this interpretation to the Extradition As the U.S. State Department has cause of Mexico’s interpretation of the Treaty. Specifically, the Court decided made clear in a Protest Note to the Extradition Treaty. that Mexico could no longer extradite a Mexican Government after the October It is true that Mexico does some- fugitive who is subject to life imprison- 2001 decision, [R]equiring assurances times prosecute individuals in Mexico ment with or without the possibility of for a punishment other than the death who committed crimes in the U.S. parole, unless assurances are given penalty is unsupported by the Treaty, under Article IV of its Criminal Code. that guarantee a determinate term of which provides the substantive extra- But often Mexico fails to do this. And, years. dition requirement.... To give [the in any event, there is no substitute for Here is what the Mexican Supreme Treaty] the reading Mexico has given it extraditing the person to the United Court said in Opinion No. 125/2001, eviscerates the Treaty, for such a read- States. which is about a half-page long: [T]he ing would disregard the substantive ex- There are credible reports that de- punishment of life imprisonment is ceptions found in Articles 5 through 9, fendants in Mexico sometimes buy considered an unusual penalty and is and would permit each Party to refuse their acquittals. And, at least by U.S. prohibited by . . . article 22 of the each other’s extradition requests based standards, Mexican standards of justice [Mexican Constitution], inasmuch as it on its domestic law on sentencing, can be quite low. Trials often take departs from the essential purpose of which could be changed unilaterally at place with no testimony and no wit- the penalty, which is the rehabilitation any time, even if that change rendered nesses. Victims and their families are of the offender to incorporate him/her the law inconsistent with the Treaty.

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.070 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14277 Moreover, Mexico’s interpretation of around the country outside of Cali- he and the three gang members ex- the Treaty has made it effectively im- fornia—and this number probably changed hand gestures. Jara then ex- possible to extradite from Mexico indi- grossly understates the problem. These tended his arm out of the car window viduals who commit murder or other cases are in Arizona, Florida, Hawaii, and fired three rounds into the crowd, serious crimes in California and many Nevada, New York, Oregon, Tennessee, killing Steven with a gunshot to the other States. In California, for exam- Texas, and Washington. These num- head. Jara then fled to Mexico. If con- ple, over 40 different crimes are punish- bers, though, do not tell whole story. victed in the United States, Jara could able by possible life sentences and nei- In every case, there is a horrible crime, face life without possibility of parole ther a judge nor a prosecutor can give a victim, a shattered family, and a hor- or, if it is not waived, the death pen- assurances of a determinate term for rible injustice. alty. However, while Jara is not a these crimes. As a result, Mexico’s pol- I have already discussed a couple of Mexican national, the Mexican govern- icy encourages people committing seri- specific criminal cases implicating the ment has refused to deport him because ous crimes in California to flee to Mex- U.S.-Mexico Extradition Treaty. But his parents are Mexican nationals. ico and escape just punishment. Indeed, now I would like to talk about four After this refusal, Los Angeles District individuals in the United States with a more. In every case, the perpetrator of Attorney Cooley began formal extra- criminal history have a perverse incen- a heinous crime has escaped appro- dition proceedings. However, because tive to kill an arresting police officer priate punishment because of Mexico’s of Mexico’s interpretation of the Octo- and head for Mexico rather than face interpretation of the U.S.-Mexico Ex- ber 2000 Mexican Supreme Court deci- possible prosecution and imprisonment tradition Treaty. sion, Cooley never submitted the for- in the United States. In August of 1999, Daniel Perez, a mal request. Given Mexico’s interpretation of the Mexican national, was convicted in On May 7, 1988, Father Nicholas Treaty, the only way to extradite a absentia in Los Angeles County by a Aguilar Rivera, a Catholic priest, was Mexican national charged with a ‘‘life’’ jury for the crimes of attempted first charged with 19 counts of child moles- crime is to seek extradition on reduced degree murder, use of a firearm, es- tation. The day after he was charged, charges punishable by a determinate pousal battery, kidnapping, false im- Father Rivera fled to Mexico. Although sentence. But this would mean treating prisonment and stalking his estranged the case was supposed to be prosecuted more harshly those who commit a wife. promptly under Article IV, Mexican crime and remain in California than Perez and the 21-year-old victim, prosecutors failed to submit the case those who commit the same crime and Anabella Vera, were separated. They for prosecution until 1995. The Mexican flee to Mexico. This is not only unfair met at a pizza place. After kidnapping court dismissed the matter as untimely and a blow to the integrity of our her at gunpoint and terrorizing her for and entered an acquittal. Now, both criminal justice system. But it also two hours, Anabella finally convinced countries are barred from further pros- just encourages criminals to flee to Perez that she would return home with ecution. Mexico to reduce their potential pun- him. Perez then drove Anabella to her On May 17, 1998, Ruben Hernandez ishment. car. After Anabella tried to drive away Martinez and Luis Castanon allegedly Moreover, it is unclear exactly what from him, Perez chased her in his car, broke into the Nashville apartment of assurances will suffice. In at least one ramming her vehicle and forcing her to Kelly Quinn and her roommate after Federal major narcotics trafficking run red lights. Ultimately, Anabella waiting for Ms. Quinn to return home. case, a Mexican court determined that became stuck in traffic and, in a des- They then attacked her, raping her a twenty-year sentence was ‘‘cruel and perate bid to save her life, abandoned continuously for hours. When they unusual’’ and thus unconstitutional. her car and tried to flee. Perez then were done, they made Ms. Quinn show- And some Mexican courts have ruled caught Anabella at a gas station and er to remove any DNA evidence. How- that only a judge can give sufficient as- shot her in the head. Miraculously, she ever, Ms. Quinn was able to conceal surances—a legal impossibility under survived. semen that was on her neck. Castanon California’s judicial system. During the trial and while out on was arrested and, on the basis of fin- Mexico’s interpretation of the U.S.- bail, Perez drove to Fontana, CA to the gerprint and serology evidence, con- Mexico Extradition Treaty has unques- home of Anabella’s father, who had victed of aggravated sexual assault. He tionably had a particularly harmful ef- been a key witness against Perez. In was sentenced to 60 years. Martinez, fect on my home state of California. I front of Anabella’s siblings, Perez shot whom Nashville police believe com- would like to commend the Los Ange- and killed Anabella’s father. Perez mitted several other rapes as well, fled les District Attorney Steve Cooley and then allegedly fled to Mexico, where he to Mexico. I am informed that, while Deputy District Attorney Jan Maurizi is still at large. Martinez has been in custody in a Mex- for their work in identifying cases of Perez was sentenced in absentia in ico City jail for over a year, Mexico has individuals who have committed mur- Los Angeles County for attempted still refused to make a decision as to der and other serious crimes in Cali- murder to a term of 33 years to life, whether they will extradite him. fornia who have either not been extra- plus an additional life term. In addi- The United States can and must re- dited or have been effectively rendered tion, the San Bernardino County Dis- tain discretion to prosecute and punish non-extraditable. As I noted before, trict Attorney’s Office has charged its most dangerous and violent offend- there are at least 350 such cases just in Perez with the murder of the victim’s ers who commit crimes in the United my home state. Many district attor- father and the special circumstances of States according to U.S. laws. Crimi- neys do not keep adequate records of killing a witness. These charges carry nals should not be allowed to escape which suspects fled to Mexico, which a potential punishment of life in prison justice in the U.S. for the price of a bus cases are potentially extraditable, and without the possibility of parole or, if ticket to Mexico. which cases have been or could be sub- it is not waived, the death penalty. Be- I would now like read a letter I reject to Article IV prosecution. cause Mexico does not recognize conceived from a youngster in California In fact, when we asked the National victions in absentia, my understanding about this problem. Here is what he Association of District Attorneys to is that Mexico will neither extradite says: conduct a survey of how many cases Perez for attempted murder nor pros- My mom is a deputy sheriff for Los Ange- have been affected by Mexico’s inter- ecute him under Article IV of the Mexi- les. Every night she goes to work. I say a pretation of the Treaty, it received re- can Federal Penal Code. prayer for her she will come home safely. So sponses from only 17 jurisdictions, and Alvara Luna Jara has been charged far she has. Deputy March was not so lucky. much of this information was anec- with the special circumstances murder I wonder how his kids must feel not having dotal. This survey, though, does dem- of 12-year-old Steven Morales and the a dad any longer. Could you please help onstrate that the problem caused by attempted murder of three others. On catch the man that killed Deputy March. I listen to the radio a lot and they said the bad Mexico’s interpretation of the Extra- August 29, 1998, Steven was playing man that did this is in Mexico and he is not dition Treaty also afflict a number of with several other children in front of in jail. Could you please get him back here other states. Based on the information their apartment, near three members so my mom will be safer when she goes to we received, there are at least 60 cases of a local sheet gang. As Jara drove by, work.

VerDate jul 14 2003 03:01 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.072 S07PT1 S14278 CONGRESSIONAL RECORD — SENATE November 7, 2003 Thank you. and the United Mexican States to renego- the deployment of broadband technologies It is unfortunate that we live in a tiate the extradition treaty so that the pos- throughout the United States. The Comp- country where we cannot assure a sibility of capital punishment or life impris- troller General shall report the findings, con- onment shall not interfere with the timely clusions, and any recommendations from the youngster that the man who killed his and unconditional extradition of criminal study to the Senate Committee on Com- mom’s colleague won’t come back and suspects. merce, Science, and Transportation and the hurt her too. That is why we need to House of Representatives Committee on En- f pass this resolution now. That is why ergy and Commerce no later than November we need the President to act. AMENDMENTS SUBMITTED & 1, 2005. I ask my colleagues for their support. PROPOSED f I also ask unanimous consent that an SA 2141. Ms. STABENOW proposed an NOTICES OF HEARINGS/MEETINGS October 24, 2003 Resolution of the amendment to amendment SA 2136 proposed COMMITTEE ON ENERGY AND NATURAL International Association of Chiefs of by Mr. MCCAIN (for himself, Mr. ALLEN, Mr. RESOURCES Police be printed in the RECORD. WYDEN, Mr. BURNS, Mr. ENSIGN, Mr. SUNUNU, There being no objection, the resolu- Mr. WARNER, Mr. SMITH, Mr. LEAHY, Mr. Mr. DOMENICI. Mr. President, I tion was ordered to be printed in the GRASSLEY, Mr. HATCH, Mr. BAUCUS, Mrs. would like to announce for the infor- RECORD, as follows: BOXER, Mr. CHAMBLISS, and Mrs. LINCOLN) to mation of the Senate and the public the bill S. 150, to make permanent the mora- that the hearing previously scheduled [Resolution From the International Associa- torium on taxes on Internet access and mul- tion of Chiefs of Police, Adopted Oct. 24, before the Committee on Energy and tiple and discriminatory taxes on electronic 2003] Natural Resources on Wednesday, No- commerce imposed by the Internet Tax Free- EXTRADITION OF CRIMINAL SUSPECTS vember 12 at 10 a.m. has been resched- dom Act. uled for Friday, November 14 at 10 a.m. (Submitted by the Executive Committee) SA 2142. Mr. LAUTENBERG submitted an in room SD–366 of the Dirksen Senate Whereas, the law enforcement profession amendment intended to be proposed by him has a compelling interest in ensuring that to the bill S. 150, supra; which was ordered to Office Building. individuals suspected of committing crimes lie on the table. The purpose of the hearing is to conduct oversight of the implementation are not able to evade justice by leaving the f country in which the crime was committed; of the Energy Employees Occupational and TEXT OF AMENDMENTS Illness Compensation Program. Whereas, in response to this problem, Because of the limited time available SA 2141. Ms. STABENOW proposed an many nations have established extradition for the hearings, witnesses may testify amendment to amendment SA 2136 pro- treaties that allow for the return of criminal by invitation only. However, those posed by Mr. MCCAIN (for himself, Mr. fugitives to the country in which they are wishing to submit written testimony ALLEN, Mr. WYDEN, Mr. BURNS, Mr. EN- suspected of committing crimes; and for the hearing record should send two Whereas, extradition treaties are political SIGN, Mr. SUNUNU, Mr. WARNER, Mr. copies of their testimony to the Com- agreements between nations; and, SMITH, Mr. LEAHY, Mr. GRASSLEY, Mr. mittee on Energy and Natural Re- Whereas, the International Association of HATCH, Mr. BAUCUS, Mrs. BOXER, Mr. Chiefs of Police refrains from entering into sources, United States Senate, Wash- CHAMBLISS, and Mr. LINCOLN) to the political disputes between nations unless an ington, DC 20510–6150. bill S. 150, to make permanent the issue which clearly impacts the law enforce- COMMITTEE ON ENERGY AND NATURAL moratoriumm on taxes on Internet ac- ment profession is involved; and RESOURCES Whereas, these treaties form the backbone cess and multiple and discriminatory Mr. CRAIG. Mr. President, I would of international law enforcement efforts and taxes on electronic commerce imposed like to announce, for the information have allowed for the successful apprehension by the Internet Tax Freedom Act; as of the Senate and the public, that the and conviction of many fugitives over the follows: years, and Subcommittee on Public Lands and Whereas, the effectiveness of these treaties At the appropriate place insert the fol- Forests of the Committee on Energy relies upon the timely return of criminal lowing: and Natural Resources will hold a hear- suspects; and Since, Article I of the U.S. Constitution ing on November 18, 2003 at 2:30 p.m. in Whereas, the terms of some extradition grants Congress the power of the purse; and Since, Congressional oversight of Execu- room SD 366 of the Dirksen Senate Of- treaties have proven to be too restrictive and fice Building. have significantly limited the ability of law tive Branch expenditures of public funds is essential in order to prevent waste, fraud, The purpose of the hearing is to con- enforcement agencies to bring a criminal sider S. 1467, a bill to establish the Rio suspect to trial and have, in effect, allowed and abuse of taxpayer dollars; and for the creation of safe havens for criminal Since, Congress can only exercise its over- Grande Outstanding Natural Area in fugitives; and sight responsibilities if the White House and the State of Colorado, and for other Whereas, for example, the Extradition Executive Branch agencies are responsive to purposes, S. 1209, a bill to provide for Treaty between the United States of Amer- requests for information about public ex- the acquisition of property in Wash- ica and the United Mexican States allows the penditures; ington County, UT, for implementation United Mexican States to refuse to extradite Therefore it is the Sense of the Senate of a desert tortoise habitat conserva- criminal suspects who face capital punish- that, The White House and all Executive Branch tion plan, and H.R. 708, a bill to require ment for crimes committed within the the conveyance of certain National United States, and a recent decision of the agencies should respond promptly and com- Mexican Supreme Court has unilaterally and pletely to all requests by Members of Con- Forest System lands in Mendocino Na- mandatorily extended that prohibition on gress of both parties for information about tional Forest, California, to provide for life sentences, and public expenditures. the use of the proceeds from such con- Whereas, it is clear that extradition trea- veyance for National Forest purposes, ties and agreements that do not allow for the SA 2142. Mr. LAUTENBERG sub- and for other purposes. timely return of criminal suspects or that mitted an amendment intended to be Because of the limited time available condition their return on the domestic sen- proposed by him to the bill S. 150, to for the hearing, witnesses may testify tencing laws of the requested state are an make permanent the moratorium on by invitation only. However, those issue that clearly impacts the law enforce- taxes on Internet access and multiple wishing to submit written testimony ment profession and it is appropriate for the and discriminatory taxes on electronic International Association of Chiefs of Police for the hearing record should send two to express the concern of the law enforce- commerce imposed by the Internet Tax copies of their testimony to the Com- ment community in this matter and work to Freedom Act; which was ordered to lie mittee on Energy and Natural Re- resolve this situation; Now, therefore be it on the table; as follows: sources, United States Senate, SD–364, Resolved, That the International Associa- At the appropriate place, insert the fol- Washington, DC 20510–6150 prior to the tion of Chief of Police calls on all nations to lowing: hearing date. ensure that extradition treaties serve only SEC . GAO STUDY OF EFFECTS OF INTERNET TAX For further information, please con- to guarantee that accused individuals are MORATORIUM ON STATE AND LOCAL tact Dick Bouts or Meghan Beal (202– provided with due process of law and not to GOVERNMENTS AND ON 224–7556). provide criminal suspects with a means of BROADBAND DEPLOYMENT. SUBCOMMITTEE ON ENERGY evading justice; and be it The Comptroller General shall conduct a Further resolved, That the International As- study of the impact of the Internet tax mor- Mr. ALEXANDER. Mr. President, I sociation of Chiefs of Police calls on the gov- atorium, including its effects on the reve- would like to announce for the infor- ernments of the United States of America nues of State and local governments and on mation of the Senate and the public

VerDate jul 14 2003 05:10 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.074 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14279 that the Subcommittee on Energy of The bill (H.R. 274) was read the third drug application or a supplemental animal drug the Committee on Energy and Natural time and passed. application has been approved. Resources will hold a hearing on Satur- ‘‘(4) The term ‘animal drug establishment’ f means a foreign or domestic place of business day, December 6, 2003 at 9 a.m. The which is at one general physical location con- hearing will be held at the Paducah In- ANIMAL DRUG USER FEE ACT OF sisting of one or more buildings all of which are formation Age Park, 2000 McCracken 2003 within 5 miles of each other, at which one or Blvd., Paducah, KY. Mr. FRIST. I ask unanimous consent more animal drug products are manufactured in The purpose of the hearing is to con- that the Chair now lay before the Sen- final dosage form. duct oversight and accounting of the ate a message from House of Rep- ‘‘(5) The term ‘investigational animal drug submission’ means— cleanup at the Department of Energy’s resentatives on the bill (S. 313) to Paducah, KY site. ‘‘(A) the filing of a claim for an investiga- amend the Federal Food, Drug, and tional exemption under section 512(j) for a new Because of the limited time available Cosmetic Act to establish a program of animal drug intended to be the subject of an for the hearing, witnesses may testify fees relating to animal drugs. animal drug application or a supplemental ani- by invitation only. However, those There being no objection, the Pre- mal drug application, or wishing to submit written testimony siding Officer laid before the Senate ‘‘(B) the submission of information for the for the hearing record should send two the following message from the House purpose of enabling the Secretary to evaluate the safety or effectiveness of an animal drug ap- copies of their testimony to the Com- of Representatives: mittee on Energy and Natural Re- plication or supplemental animal drug applica- S. 313 tion in the event of their filing. sources, United States Senate, SD–364, Resolved, That the bill from the Senate (S. ‘‘(6) The term ‘animal drug sponsor’ means ei- Washington, DC 20510–6150. 313) entitled ‘‘An Act to amend the Federal ther an applicant named in an animal drug ap- For further information, please con- Food, Drug, and Cosmetic Act to establish a plication, except for an approved application for tact Pete Lyons (202–224–5861) or Shane program of fees relating to animal drugs’’, do which all subject products have been removed Perkins (202–224–7555). pass with the following amendment; Strike from listing under section 510, or a person who out all after the enacting clause and insert: has submitted an investigational animal drug f SECTION 1. SHORT TITLE. submission that has not been terminated or oth- AUTHORITY FOR COMMITTEES TO This Act may be cited as the ‘‘Animal Drug erwise rendered inactive by the Secretary. MEET User Fee Act of 2003’’. ‘‘(7) The term ‘final dosage form’ means, with respect to an animal drug product, a finished SEC. 2. FINDINGS. JOINT ECONOMIC COMMITTEE dosage form which is approved for administra- Congress finds as follows: tion to an animal without substantial further Mr. MCCAIN. Mr. President, I ask (1) Prompt approval of safe and effective new unanimous consent that the Joint Eco- manufacturing. Such term includes animal drug animal drugs is critical to the improvement of products intended for mixing in animal feeds. nomic Committee be authorized to con- animal health and the public health. ‘‘(8) The term ‘process for the review of ani- duct a hearing in room 628 of the Dirk- (2) Animal health and the public health will mal drug applications’ means the following ac- sen Senate Office Building, Friday, No- be served by making additional funds available tivities of the Secretary with respect to the re- vember 7, 2003, from 9:30 a.m. to 1 p.m. for the purpose of augmenting the resources of view of animal drug applications, supplemental The PRESIDING OFFICER. Without the Food and Drug Administration that are de- animal drug applications, and investigational objection, it is so ordered. voted to the process for review of new animal animal drug submissions: drug applications. ‘‘(A) The activities necessary for the review of f (3) The fees authorized by this Act will be animal drug applications, supplemental animal dedicated toward expediting the animal drug de- PRIVILEGES OF THE FLOOR drug applications, and investigational animal velopment process and the review of new and drug submissions. Mr. DORGAN. Mr. President, I ask supplemental animal drug applications and in- ‘‘(B) The issuance of action letters which ap- unanimous consent Jason Estep, a fel- vestigational animal drug submissions as set prove animal drug applications or supplemental low from my office, have floor privi- forth in the goals identified, for purposes of part animal drug applications or which set forth in leges for today. 4 of subchapter C of chapter VII of the Federal detail the specific deficiencies in animal drug Food, Drug, and Cosmetic Act, in the letters The PRESIDING OFFICER. Without applications, supplemental animal drug applica- from the Secretary of Health and Human Serv- tions, or investigational animal drug submis- objection, it is so ordered. ices to the Chairman of the Committee on En- sions and, where appropriate, the actions nec- Mr. DURBIN. Mr. President, I ask ergy and Commerce of the House of Representa- essary to place such applications, supplements unanimous consent that Dale Jones, a tives and the Chairman of the Committee on or submissions in condition for approval. member of my staff, be granted the Health, Education, Labor, and Pensions of the ‘‘(C) The inspection of animal drug establish- privilege of the floor during debate on Senate as set forth in the Congressional Record. ments and other facilities undertaken as part of S. 150. SEC. 3. FEES RELATING TO ANIMAL DRUGS. the Secretary’s review of pending animal drug The PRESIDING OFFICER. Without Subchapter C of chapter VII of the Federal applications, supplemental animal drug applica- objection, it is so ordered. Food, Drug, and Cosmetic Act (21 U.S.C. 379f et tions, and investigational animal drug submis- seq.) is amended by adding at the end the fol- sions. f lowing part: ‘‘(D) Monitoring of research conducted in connection with the review of animal drug ap- ‘‘PART 4—FEES RELATING TO ANIMAL BLACKWATER NATIONAL WILD- plications, supplemental animal drug applica- DRUGS LIFE REFUGE EXPANSION ACT tions, and investigational animal drug submis- ‘‘SEC. 739. DEFINITIONS. The PRESIDING OFFICER. I ask sions. ‘‘For purposes of this subchapter: ‘‘(E) The development of regulations and pol- unanimous consent that the Senate ‘‘(1) The term ‘animal drug application’ means icy related to the review of animal drug applica- proceed to the immediate consider- an application for approval of any new animal tions, supplemental animal drug applications, ation of Calendar No. 356, H.R. 274. drug submitted under section 512(b)(1). Such and investigational animal drug submissions. The PRESIDING OFFICER. term does not include either a new animal drug ‘‘(F) Development of standards for products The clerk will report the bill by title. application submitted under section 512(b)(2) or subject to review. The legislative clerk read as follows: a supplemental animal drug application. ‘‘(G) Meetings between the agency and the ‘‘(2) The term ‘supplemental animal drug ap- animal drug sponsor. A bill (H.R. 274) to authorize the Secretary plication’ means— ‘‘(H) Review of advertising and labeling prior of the Interior to acquire the property in ‘‘(A) a request to the Secretary to approve a to approval of an animal drug application or Cecil County, Maryland, known as Garrett change in an animal drug application which supplemental animal drug application, but not Island for inclusion in the Blackwater Na- has been approved; or such activities after an animal drug has been tional Wildlife Refuge. ‘‘(B) a request to the Secretary to approve a approved. There being no objection, the Senate change to an application approved under sec- ‘‘(9) The term ‘costs of resources allocated for proceeded to consider the bill. tion 512(c)(2) for which data with respect to the process for the review of animal drug appli- Mr. FRIST. I ask unanimous consent safety or effectiveness are required. cations’ means the expenses incurred in connec- that the bill be read the third time and ‘‘(3) The term ‘animal drug product’ means tion with the process for the review of animal passed, the motion to reconsider be each specific strength or potency of a particular drug applications for— active ingredient or ingredients in final dosage ‘‘(A) officers and employees of the Food and laid upon the table, and any state- form marketed by a particular manufacturer or Drug Administration, contractors of the Food ments be printed in the RECORD. distributor, which is uniquely identified by the and Drug Administration, advisory committees The PRESIDING OFFICER. Without labeler code and product code portions of the consulted with respect to the review of specific objection, it is so ordered. national drug code, and for which an animal animal drug applications, supplemental animal

VerDate jul 14 2003 03:01 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 6333 E:\CR\FM\A07NO6.065 S07PT1 S14280 CONGRESSIONAL RECORD — SENATE November 7, 2003 drug applications, or investigational animal fee shall be payable for the fiscal year in which year 2005, and $2,500,000 in fiscal years 2006, drug submissions, and costs related to such offi- the animal drug product is first submitted for 2007, and 2008. cers, employees, committees, and contractors, in- listing under section 510, or is submitted for re- ‘‘(c) ADJUSTMENTS.— cluding costs for travel, education, and recruit- listing under section 510 if the animal drug ‘‘(1) INFLATION ADJUSTMENT.—The revenues ment and other personnel activities, product has been withdrawn from listing and established in subsection (b) shall be adjusted by ‘‘(B) management of information, and the ac- relisted. After such fee is paid for that fiscal the Secretary by notice, published in the Fed- quisition, maintenance, and repair of computer year, such fee shall be payable on or before Jan- eral Register, for a fiscal year to reflect the resources, uary 31 of each year. Such fee shall be paid greater of— ‘‘(C) leasing, maintenance, renovation, and only once for each animal drug product for a ‘‘(A) the total percentage change that oc- repair of facilities and acquisition, mainte- fiscal year in which the fee is payable. curred in the Consumer Price Index for all nance, and repair of fixtures, furniture, sci- ‘‘(3) ANIMAL DRUG ESTABLISHMENT FEE.—Each urban consumers (all items; United States city entific equipment, and other necessary materials person— average) for the 12-month period ending June 30 and supplies, and ‘‘(A) who owns or operates, directly or preceding the fiscal year for which fees are ‘‘(D) collecting fees under section 740 and ac- through an affiliate, an animal drug establish- being established; or counting for resources allocated for the review ment, and ‘‘(B) the total percentage change for the pre- of animal drug applications, supplemental ani- ‘‘(B) who is named as the applicant in an ani- vious fiscal year in basic pay under the General mal drug applications, and investigational animal drug application or supplemental animal Schedule in accordance with section 5332 of title mal drug submissions. drug application for an animal drug product 5, United States Code, as adjusted by any local- ‘‘(10) The term ‘adjustment factor’ applicable which has been submitted for listing under sec- ity-based comparability payment pursuant to to a fiscal year refers to the formula set forth in tion 510, and section 5304 of such title for Federal employees section 735(8) with the base or comparator year ‘‘(C) who, after September 1, 2003, had pend- stationed in the District of Columbia. being 2003. ing before the Secretary an animal drug appli- The adjustment made each fiscal year by this ‘‘(11) The term ‘affiliate’ refers to the defini- cation or supplemental animal drug application, subsection will be added on a compounded basis tion set forth in section 735(9). to the sum of all adjustments made each fiscal shall be assessed an annual fee established in ‘‘SEC. 740. AUTHORITY TO ASSESS AND USE ANI- year after fiscal year 2004 under this subsection. MAL DRUG FEES. subsection (b) for each animal drug establish- ‘‘(2) WORKLOAD ADJUSTMENT.—After the fee ‘‘(a) TYPES OF FEES.—Beginning in fiscal year ment listed in its approved animal drug applica- revenues are adjusted for inflation in accord- 2004, the Secretary shall assess and collect fees tion as an establishment that manufactures the ance with paragraph (1), the fee revenues shall in accordance with this section as follows: animal drug product named in the application. be further adjusted each fiscal year after fiscal ‘‘(1) ANIMAL DRUG APPLICATION AND SUPPLE- The annual establishment fee shall be assessed year 2004 to reflect changes in review workload. MENT FEE.— in each fiscal year in which the animal drug ‘‘(A) IN GENERAL.—Each person that submits, With respect to such adjustment: product named in the application is assessed a ‘‘(A) This adjustment shall be determined by on or after September 1, 2003, an animal drug fee under paragraph (2) unless the animal drug application or a supplemental animal drug ap- the Secretary based on a weighted average of establishment listed in the application does not the change in the total number of animal drug plication shall be subject to a fee as follows: engage in the manufacture of the animal drug ‘‘(i) A fee established in subsection (b) for an applications, supplemental animal drug applica- product during the fiscal year. The fee shall be tions for which data with respect to safety or ef- animal drug application; and paid on or before January 31 of each year. The ‘‘(ii) A fee established in subsection (b) for a fectiveness are required, manufacturing supple- establishment shall be assessed only one fee per supplemental animal drug application for which mental animal drug applications, investiga- fiscal year under this section, provided, how- safety or effectiveness data are required, in an tional animal drug study submissions, and in- ever, that where a single establishment manu- amount that is equal to 50 percent of the vestigational animal drug protocol submissions factures both animal drug products and pre- amount of the fee under clause (i). submitted to the Secretary. The Secretary shall ‘‘(B) PAYMENT.—The fee required by subpara- scription drug products, as defined in section publish in the Federal Register the fees resulting graph (A) shall be due upon submission of the 735(3), such establishment shall be assessed both from this adjustment and the supporting meth- animal drug application or supplemental animal the animal drug establishment fee and the pre- odologies. drug application. scription drug establishment fee, as set forth in ‘‘(B) Under no circumstances shall this work- ‘‘(C) EXCEPTION FOR PREVIOUSLY FILED APPLI- section 736(a)(2), within a single fiscal year. load adjustment result in fee revenues for a fis- CATION OR SUPPLEMENT.—If an animal drug ap- ‘‘(4) ANIMAL DRUG SPONSOR FEE.—Each per- cal year that are less than the fee revenues for plication or a supplemental animal drug appli- son— that fiscal year established in subsection (b), as ‘‘(A) who meets the definition of an animal cation was submitted by a person that paid the adjusted for inflation under paragraph (1). drug sponsor within a fiscal year; and fee for such application or supplement, was ac- ‘‘(3) FINAL YEAR ADJUSTMENT.—For fiscal year ‘‘(B) who, after September 1, 2003, had pend- cepted for filing, and was not approved or was 2008, the Secretary may further increase the fees ing before the Secretary an animal drug appli- withdrawn (without a waiver or refund), the to provide for up to 3 months of operating re- cation, a supplemental animal drug application, submission of an animal drug application or a serves of carryover user fees for the process for or an investigational animal drug submission, supplemental animal drug application for the the review of animal drug applications for the same product by the same person (or the per- shall be assessed an annual fee established first 3 months of fiscal year 2009. If the Food son’s licensee, assignee, or successor) shall not under subsection (b). The fee shall be paid on or and Drug Administration has carryover bal- be subject to a fee under subparagraph (A). before January 31 of each year. Each animal ances for the process for the review of animal ‘‘(D) REFUND OF FEE IF APPLICATION REFUSED drug sponsor shall pay only one such fee each drug applications in excess of 3 months of such FOR FILING.—The Secretary shall refund 75 per- fiscal year. operating reserves, then this adjustment will not cent of the fee paid under subparagraph (B) for ‘‘(b) FEE AMOUNTS.—Except as provided in be made. If this adjustment is necessary, then any animal drug application or supplemental subsection (a)(1) and subsections (c), (d), (f), the rationale for the amount of the increase animal drug application which is refused for fil- and (g), the fees required under subsection (a) shall be contained in the annual notice setting ing. shall be established to generate fee revenue fees for fiscal year 2008. ‘‘(E) REFUND OF FEE IF APPLICATION WITH- amounts as follows: ‘‘(4) ANNUAL FEE SETTING.—The Secretary DRAWN.—If an animal drug application or a ‘‘(1) TOTAL FEE REVENUES FOR APPLICATION shall establish, 60 days before the start of each supplemental animal drug application is with- AND SUPPLEMENT FEES.—The total fee revenues fiscal year beginning after September 30, 2003, drawn after the application or supplement was to be collected in animal drug application fees for that fiscal year, animal drug application filed, the Secretary may refund the fee or por- under subsection (a)(1)(A)(i) and supplemental fees, supplemental animal drug application fees, tion of the fee paid under subparagraph (B) if animal drug application fees under subsection animal drug sponsor fees, animal drug establish- no substantial work was performed on the appli- (a)(1)(A)(ii) shall be $1,250,000 in fiscal year ment fees, and animal drug product fees based cation or supplement after the application or 2004, $2,000,000 in fiscal year 2005, and $2,500,000 on the revenue amounts established under sub- supplement was filed. The Secretary shall have in fiscal years 2006, 2007, and 2008. section (b) and the adjustments provided under the sole discretion to refund the fee under this ‘‘(2) TOTAL FEE REVENUES FOR PRODUCT this subsection. paragraph. A determination by the Secretary FEES.—The total fee revenues to be collected in ‘‘(5) LIMIT.—The total amount of fees concerning a refund under this paragraph shall product fees under subsection (a)(2) shall be charged, as adjusted under this subsection, for not be reviewable. $1,250,000 in fiscal year 2004, $2,000,000 in fiscal a fiscal year may not exceed the total costs for ‘‘(2) ANIMAL DRUG PRODUCT FEE.—Each per- year 2005, and $2,500,000 in fiscal years 2006, such fiscal year for the resources allocated for son— 2007, and 2008. the process for the review of animal drug appli- ‘‘(A) who is named as the applicant in an ani- ‘‘(3) TOTAL FEE REVENUES FOR ESTABLISHMENT cations. mal drug application or supplemental animal FEES.—The total fee revenues to be collected in ‘‘(d) FEE WAIVER OR REDUCTION.— drug application for an animal drug product establishment fees under subsection (a)(3) shall ‘‘(1) IN GENERAL.—The Secretary shall grant a which has been submitted for listing under sec- be $1,250,000 in fiscal year 2004, $2,000,000 in fis- waiver from or a reduction of 1 or more fees as- tion 510, and cal year 2005, and $2,500,000 in fiscal years 2006, sessed under subsection (a) where the Secretary ‘‘(B) who, after September 1, 2003, had pend- 2007, and 2008. finds that— ing before the Secretary an animal drug appli- ‘‘(4) TOTAL FEE REVENUES FOR SPONSOR ‘‘(A) the assessment of the fee would present cation or supplemental animal drug application; FEES.—The total fee revenues to be collected in a significant barrier to innovation because of shall pay for each such animal drug product the sponsor fees under subsection (a)(4) shall be limited resources available to such person or annual fee established in subsection (b). Such $1,250,000 in fiscal year 2004, $2,000,000 in fiscal other circumstances,

VerDate jul 14 2003 03:01 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 6333 E:\CR\FM\A07NO6.067 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14281 ‘‘(B) the fees to be paid by such person will assess and collect such fees, without any modi- ment of a fee assessed under subsection (a) exceed the anticipated present and future costs fication in the rate, for animal drug applica- within 30 days after it is due, such fee shall be incurred by the Secretary in conducting the tions, supplemental animal drug applications, treated as a claim of the United States Govern- process for the review of animal drug applica- investigational animal drug submissions, animal ment subject to subchapter II of chapter 37 of tions for such person, drug sponsors, animal drug establishments and title 31, United States Code. ‘‘(C) the animal drug application or supple- animal drug products at any time in such fiscal ‘‘(i) WRITTEN REQUESTS FOR WAIVERS, REDUC- mental animal drug application is intended sole- year notwithstanding the provisions of sub- TIONS, AND REFUNDS.—To qualify for consider- ly to provide for use of the animal drug in— section (a) relating to the date fees are to be ation for a waiver or reduction under subsection ‘‘(i) a Type B medicated feed (as defined in paid. (d), or for a refund of any fee collected in ac- section 558.3(b)(3) of title 21, Code of Federal ‘‘(g) CREDITING AND AVAILABILITY OF FEES.— cordance with subsection (a), a person shall Regulations (or any successor regulation)) in- ‘‘(1) IN GENERAL.—Fees authorized under sub- submit to the Secretary a written request for tended for use in the manufacture of Type C section (a) shall be collected and available for such waiver, reduction, or refund not later than free-choice medicated feeds, or obligation only to the extent and in the amount 180 days after such fee is due. ‘‘(ii) a Type C free-choice medicated feed (as provided in advance in appropriations Acts. ‘‘(j) CONSTRUCTION.—This section may not be defined in section 558.3(b)(4) of title 21, Code of Such fees are authorized to be appropriated to construed to require that the number of full-time Federal Regulations (or any successor regula- remain available until expended. Such sums as equivalent positions in the Department of tion)), may be necessary may be transferred from the Health and Human Services, for officers, em- ‘‘(D) the animal drug application or supple- Food and Drug Administration salaries and ex- ployees, and advisory committees not engaged in mental animal drug application is intended sole- penses appropriation account without fiscal the process of the review of animal drug appli- ly to provide for a minor use or minor species in- year limitation to such appropriation account cations, be reduced to offset the number of offi- dication, or for salary and expenses with such fiscal year cers, employees, and advisory committees so en- ‘‘(E) the sponsor involved is a small business limitation. The sums transferred shall be avail- gaged. submitting its first animal drug application to able solely for the process for the review of ani- ‘‘(k) ABBREVIATED NEW ANIMAL DRUG APPLI- the Secretary for review. mal drug applications. CATIONS.—The Secretary shall— ‘‘(2) USE OF STANDARD COSTS.—In making the ‘‘(2) COLLECTIONS AND APPROPRIATION ACTS.— ‘‘(1) to the extent practicable, segregate the re- finding in paragraph (1)(B), the Secretary may ‘‘(A) IN GENERAL.—The fees authorized by this view of abbreviated new animal drug applica- use standard costs. section— tions from the process for the review of animal ‘‘(3) RULES FOR SMALL BUSINESSES.— ‘‘(i) shall be retained in each fiscal year in an drug applications, and ‘‘(A) DEFINITION.—In paragraph (1)(E), the amount not to exceed the amount specified in ‘‘(2) adopt other administrative procedures to term ‘small business’ means an entity that has appropriation Acts, or otherwise made available ensure that review times of abbreviated new ani- fewer than 500 employees, including employees for obligation for such fiscal year, and mal drug applications do not increase from their of affiliates. ‘‘(ii) shall only be collected and available to current level due to activities under the user fee ‘‘(B) WAIVER OF APPLICATION FEE.—The Sec- defray increases in the costs of the resources al- program.’’. retary shall waive under paragraph (1)(E) the located for the process for the review of animal application fee for the first animal drug applica- SEC. 4. ACCOUNTABILITY AND REPORTS. drug applications (including increases in such (a) PUBLIC ACCOUNTABILITY.— tion that a small business or its affiliate submits costs for an additional number of full-time to the Secretary for review. After a small busi- (1) CONSULTATION.—In developing rec- equivalent positions in the Department of ommendations to Congress for the goals and ness or its affiliate is granted such a waiver, the Health and Human Services to be engaged in small business or its affiliate shall pay applica- plans for meeting the goals for the process for such process) over such costs, excluding costs the review of animal drug applications for the tion fees for all subsequent animal drug applica- paid from fees collected under this section, for tions and supplemental animal drug applica- fiscal years after fiscal year 2008, and for the re- fiscal year 2003 multiplied by the adjustment authorization of sections 739 and 740 of the Fed- tions for which safety or effectiveness data are factor. required in the same manner as an entity that eral Food, Drug, and Cosmetic Act (as added by ‘‘(B) COMPLIANCE.—The Secretary shall be section 3), the Secretary of Health and Human does not qualify as a small business. considered to have met the requirements of sub- ‘‘(C) CERTIFICATION.—The Secretary shall re- Services (referred to in this section as the ‘‘Sec- paragraph (A)(ii) in any fiscal year if the costs quire any person who applies for a waiver under retary’’) shall consult with the Committee on funded by appropriations and allocated for the paragraph (1)(E) to certify their qualification Energy and Commerce of the House of Rep- process for the review of animal drug applica- for the waiver. The Secretary shall periodically resentatives, the Committee on Health, Edu- tions— publish in the Federal Register a list of persons cation, Labor, and Pensions of the Senate, ap- ‘‘(i) are not more than 3 percent below the making such certifications. propriate scientific and academic experts, veteri- level specified in subparagraph (A)(ii); or ‘‘(e) EFFECT OF FAILURE TO PAY FEES.—An nary professionals, representatives of consumer ‘‘(ii)(I) are more than 3 percent below the level animal drug application or supplemental animal advocacy groups, and the regulated industry. specified in subparagraph (A)(ii), and fees as- drug application submitted by a person subject (2) RECOMMENDATIONS.—The Secretary shall— sessed for the fiscal year following the subse- to fees under subsection (a) shall be considered (A) publish in the Federal Register rec- quent fiscal year are decreased by the amount incomplete and shall not be accepted for filing ommendations under paragraph (1), after nego- in excess of 3 percent by which such costs fell by the Secretary until all fees owed by such per- tiations with the regulated industry; below the level specified in subparagraph son have been paid. An investigational animal (B) present the recommendations to the Com- (A)(ii); and drug submission under section 739(5)(B) that is mittees referred to in that paragraph; ‘‘(II) such costs are not more than 5 percent submitted by a person subject to fees under sub- (C) hold a meeting at which the public may below the level specified in subparagraph section (a) shall be considered incomplete and comment on the recommendations; and (A)(ii). shall not be accepted for review by the Secretary (D) provide for a period of 30 days for the ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— until all fees owed by such person have been public to provide written comments on the rec- There are authorized to be appropriated for fees paid. The Secretary may discontinue review of ommendations. under this section— any animal drug application, supplemental ani- (b) PERFORMANCE REPORTS.—Beginning with ‘‘(A) $5,000,000 for fiscal year 2004; fiscal year 2004, not later than 60 days after the mal drug application or investigational animal ‘‘(B) $8,000,000 for fiscal year 2005; drug submission from a person if such person end of each fiscal year during which fees are ‘‘(C) $10,000,000 for fiscal year 2006; collected under part 4 of subchapter C of chap- has not submitted for payment all fees owed ‘‘(D) $10,000,000 for fiscal year 2007; and ter VII of the Federal Food, Drug, and Cosmetic under this section by 30 days after the date ‘‘(E) $10,000,000 for fiscal year 2008; upon which they are due. Act, the Secretary shall prepare and submit to ‘‘(f) ASSESSMENT OF FEES.— as adjusted to reflect adjustments in the total the Committee on Energy and Commerce of the ‘‘(1) LIMITATION.—Fees may not be assessed fee revenues made under this section and House of Representatives and the Committee on under subsection (a) for a fiscal year beginning changes in the total amounts collected by ani- Health, Education, Labor, and Pensions of the after fiscal year 2003 unless appropriations for mal drug application fees, supplemental animal Senate a report concerning the progress of the salaries and expenses of the Food and Drug Ad- drug application fees, animal drug sponsor fees, Food and Drug Administration in achieving the ministration for such fiscal year (excluding the animal drug establishment fees, and animal goals identified in the letters described in sec- amount of fees appropriated for such fiscal drug product fees. tion 2(3) of this Act toward expediting the ani- year) are equal to or greater than the amount of ‘‘(4) OFFSET.—Any amount of fees collected mal drug development process and the review of appropriations for the salaries and expenses of for a fiscal year under this section that exceeds the new and supplemental animal drug applica- the Food and Drug Administration for the fiscal the amount of fees specified in appropriations tions and investigational animal drug submis- year 2003 (excluding the amount of fees appro- Acts for such fiscal year shall be credited to the sions during such fiscal year, the future plans priated for such fiscal year) multiplied by the appropriation account of the Food and Drug of the Food and Drug Administration for meet- adjustment factor applicable to the fiscal year Administration as provided in paragraph (1), ing the goals, the review times for abbreviated involved. and shall be subtracted from the amount of fees new animal drug applications, and the adminis- ‘‘(2) AUTHORITY.—If the Secretary does not that would otherwise be authorized to be col- trative procedures adopted by the Food and assess fees under subsection (a) during any por- lected under this section pursuant to appropria- Drug Administration to ensure that review times tion of a fiscal year because of paragraph (1) tion Acts for a subsequent fiscal year. for abbreviated new animal drug applications and if at a later date in such fiscal year the Sec- ‘‘(h) COLLECTION OF UNPAID FEES.—In any are not increased from their current level due to retary may assess such fees, the Secretary may case where the Secretary does not receive pay- activities under the user fee program.

VerDate jul 14 2003 03:01 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 6333 E:\CR\FM\A07NO6.067 S07PT1 S14282 CONGRESSIONAL RECORD — SENATE November 7, 2003 (c) FISCAL REPORT.—Beginning with fiscal A bill (S. 1832) entitled the ‘‘Senator Paul ate completes its business today, it ad- year 2004, not later than 120 days after the end Wellstone Mental Health Equitable Treat- journ until 1 p.m., Monday, November of each fiscal year during which fees are col- ment Act of 2003.’’ 10. I further ask consent that following lected under the part described in subsection (b), Mr. FRIST. I object to further pro- the prayer and pledge, the morning the Secretary shall prepare and submit to the ceedings on the measure at this time. hour be deemed expired, the Journal of Committee on Energy and Commerce of the The PRESIDING OFFICER. The ob- House of Representatives and the Committee on proceedings be approved to date, the jection is heard. time for the two leaders be reserved for Health, Education, Labor, and Pensions of the The bill will be placed on the cal- Senate a report on the implementation of the their use later in the day, and the Sen- authority for such fees during such fiscal year endar. ate then begin consideration of H.R. and the use, by the Food and Drug Administra- f 2799, the Commerce-State-Justice ap- tion, of the fees collected during such fiscal year SENATE ACCOMPLISHMENTS propriations bill, as provided under the for which the report is made. previous order. SEC. 5. SUNSET. Mr. FRIST. Mr. President, although Mr. REID. Mr. President, reserving The amendments made by section 3 shall not we did not have any rollcall votes the right to object. be in effect after October 1, 2008, and section 4 today, I do want to assure my col- The PRESIDING OFFICER. The Sen- shall not be in effect after 120 days after such leagues we made progress on the Inter- ator from Nevada. date. net tax moratorium bill. I understand Mr. REID. Mr. President, we feel part Mr. KENNEDY. Mr. President, I sup- there are serious negotiations that are of the accomplishments of this Senate. port the Animal Drug User Fee Act, continuing and that we hope we can But for our cooperation and hard work, and I urge my colleagues to support it. get an agreement on that legislation we would not have accomplished as The bill is based on the current user fee and finish it at the earliest time. much as we have. Earlier in this week programs for prescription drugs and Earlier this week, we passed H.R. we did some very good things and we medical devices, which are an effective 3289, the Iraq-Afghanistan appropria- produced a lot of work. way to enable the Food and Drug Ad- tions conference report, and that meas- We cannot undue what has been ministration to reduce its backlog and ure has now been signed into law by done—feelings hurt, feelings of con- expedite its review of needed new prod- the President of the United States. cern—as to why we are in the present ucts and make them available more We also adopted the Agriculture ap- position, but it has happened. We can- quickly, especially in this time of ac- propriations bill, as well as the Interior not undue that, I guess. celerated discoveries of new drugs and appropriations conference report this But I say to the distinguished major- other medical products with great po- week. The Interior appropriations bill ity leader, it is too bad we are in this will now be sent to the President for tential to improve all aspects of health position because I really could see the his signature. care. The same basic principle of user light at the end of that tunnel. It is Chairman SHELBY, working with very blurred today. fees should be available to assist FDA’s many Members on both sides of the review of applications for approval of I hope we can finish our work. There aisle, finished work on the fair credit is so much we all have to do in our re- animal drugs. reporting bill. The bill had over- In 5 years, the time it takes for FDA spective States. But I just want to tell whelming support, and it is expected the leader that the long list of work to review new animal drugs should be that a conference report will return in cut in half under this legislation. By that we did was a joint accomplish- short order. ment. I know the leader acknowledges increasing the resources available for This week the Senate also passed these reviews, the user fees will speed that. I just hope, somehow, next week, H.R. 3365, the military tax fairness bill. with the 30 hours that have been placed new treatments to market for pets and This bill, which is also called the Fall- farm animals alike. FDA will provide in our path, we could still work our en Patriots Tax Relief Act, will assist way through all this and be more pro- detailed reports on the program and its members of our Armed Forces in pro- results in helping the agency to meet it ductive than I see the time ahead of us. viding some much needed clarity and The PRESIDING OFFICER. Without performance goals, so that Congress fairness with respect to tax policy. objection, the request is agreed to. can evaluate how it has worked and We also reauthorized, this week, the Mr. FRIST. Mr. President, before we whether improvements are necessary School Lunch and Child Nutrition Pro- close I need just a couple minutes in when we reauthorize the program in gram. Chairman COCHRAN brought this case we can do one more brief piece of the future. bill to our attention, and we were able business, and then we will close very We will also be able to work closely to act quickly. I mention it today to shortly. with the agency in implementing its show that we continue to try to do our I suggest the absence of a quorum. important new plan for evaluating the work efficiently and to make progress The PRESIDING OFFICER. The increasingly urgent concern that the on a number of important issues. This clerk will call the roll. use or overuse of certain drugs in ani- bill cleared both sides and will become The assistant legislative clerk pro- mals can lead to dangerous drug-resist- law. Senator COLLINS, as chairman of ceeded to call the roll. ant strains of organism in humans. the Governmental Affairs Committee, Mr. FRIST. Mr. President, I ask I commend Chairman GREGG, Senator cleared S. 589, the Homeland Security unanimous consent that the order for ENSIGN, and Senator HARKIN for their Federal Workforce Act. This bill will the quorum call be rescinded. leadership on this legislation, and I promote job retention in areas of na- The PRESIDING OFFICER. Without look forward to working with them on tional security by providing student objection, it is so ordered. these issues in the months ahead. loan payments. f Mr. FRIST. I ask unanimous consent These are just a few of the areas, and I think very good examples, where we UNANIMOUS CONSENT that the Senate concur in the House AGREEMENT—EXECUTIVE SESSION amendment, the motion to reconsider can continue to work together in a col- be laid upon the table, and any state- laborative way. Mr. FRIST. Mr. President, I ask ments be printed in the RECORD. The remaining weeks of business will unanimous consent that during an ex- The PRESIDING OFFICER. Without be difficult. There will be many con- ecutive session beginning next Wednes- objection, it is so ordered. tentious issues to address as we go for- day, each hour beginning on the hour ward. The American people clearly of the executive session be equally di- f want us to get our work done. They ex- vided between the two leaders or their MEASURE PLACED ON THE pect us to get our work done. designees and that any time not used CALENDAR—S. 1832 As I mentioned earlier, we are aiming by either side during the designated for this target date of November 21. hour be given to the other side of the Mr. FRIST. I understand there is a f aisle. bill at the desk that is due for a second The PRESIDING OFFICER. Without reading. ORDERS FOR MONDAY, NOVEMBER objection, it is so ordered. The PRESIDING OFFICER. The 10, 2003 Mr. REID. Mr. President, it is my un- clerk will report. Mr. FRIST. Mr. President, I ask derstanding, just so there is no confu- The legislative clerk read as follows: unanimous consent that when the Sen- sion, that this is no time agreement on

VerDate jul 14 2003 03:01 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.067 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — SENATE S14283 a specific nominee. We are just going ergy and Water appropriations con- BOARD FOR A TERM OF FOUR YEARS, VICE HERSCHELLE S. CHALLENOR. to be talking about judges for that ex- ference report, and VA–HUD appropria- tended period of time. tions bill, as well as other items that DEPARTMENT OF LABOR Mr. FRIST. Mr. President, that is my are cleared for action. STEVEN J. LAW, OF THE DISTRICT OF COLUMBIA, TO BE understanding. We will be in session every day next DEPUTY SECRETARY OF LABOR, VICE DONALD CAMERON FINDLAY, RESIGNED. Mr. REID. No objection. week—Monday, Tuesday, Wednesday, f Thursday, and Friday. We have a lot of UNITED STATES INSTITUTE OF PEACE business to do, and it requires that for J. ROBINSON WEST, OF THE DISTRICT OF COLUMBIA, TO PROGRAM us to complete the business. BE A MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED STATES INSTITUTE OF PEACE FOR A TERM EX- Mr. FRIST. Mr. President, for the in- f PIRING JANUARY 19, 2007, VICE MARC E. LELAND, TERM formation of all Senators, on Monday EXPIRED. the Senate will begin debate on H.R. ADJOURNMENT UNTIL 1 P.M., 2799, the Commerce-Justice-State ap- MONDAY, NOVEMBER 10, 2003 f propriations bill. The bill managers Mr. FRIST. If there is no further will be here on Monday to work business to come before the Senate, I CONFIRMATIONS through any amendments to the bill. ask unanimous consent that the Sen- We will be debating and voting on ate stand in adjournment under the Executive nominations confirmed by amendments throughout the afternoon. previous order. the Senate November 7, 2003: Senators who have amendments are There being no objection, the Senate, FEDERAL ENERGY REGULATORY COMMISSION asked to contact the bill managers as at 3:55 p.m., adjourned until Monday, JOSEPH TIMOTHY KELLIHER, OF THE DISTRICT OF CO- soon as possible. November 10, 2003, at 1 p.m. LUMBIA, TO BE A MEMBER OF THE FEDERAL ENERGY As you have heard, there are a num- f REGULATORY COMMISSION FOR THE TERM EXPIRING JUNE 30, 2007. ber of other issues we will be address- NOMINATIONS SUEDEEN G. KELLY, OF NEW MEXICO, TO BE A MEMBER ing early next year. The Syria Ac- Executive nominations received by OF THE FEDERAL ENERGY REGULATORY COMMISSION FOR THE REMAINDER OF THE TERM EXPIRING JUNE 30, countability Act, the Military Con- the Senate November 7, 2003: 2004. structions appropriations conference NATIONAL SECURITY EDUCATION BOARD THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- report, the Department of Defense au- KIRON KANINA SKINNER, OF PENNSYLVANIA, TO BE A QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY thorization conference report, the En- MEMBER OF THE NATIONAL SECURITY EDUCATION CONSTITUTED COMMITTEE OF THE SENATE.

VerDate jul 14 2003 03:01 Nov 08, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 9801 E:\CR\FM\G07NO6.097 S07PT1 November 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2273 EXTENSIONS OF REMARKS

THE JOHN W. KLUGE PRIZE FOR four languages, primarily focused on the his- HONORING MARSHA EMANUEL OF LIFETIME ACHIEVEMENT IN THE tory of philosophy and the philosophy of reli- WILMETTE, ILLINOIS HUMAN SCIENCES gion. His best known and most influential work is the three-volume Main Currents of Marxism: HON. RAHM EMANUEL HON. RUSH D. HOLT Its Rise, Growth and Dissolution (1976–78). OF ILLINOIS OF NEW JERSEY Written in exile from Poland, it was, and re- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES mains, the most lucid and comprehensive his- Friday, November 7, 2003 Friday, November 7, 2003 tory of the origins, structure and posthumous development of the system of thought that had Mr. EMANUEL. Mr. Speaker, I rise to recog- Mr. HOLT. Mr. Speaker, this week, the first nize and congratulate my generous and loving the greatest impact on the 20th century. Prof. inaugural John W. Kluge Prize for Lifetime mother, Marsha Emanuel, back home in Kolakowski’s ideas informed the anti-totali- Achievement in the Human Sciences was Wilmette, Illinois on her 70th birthday. awarded in a ceremony at the Library of Con- tarian youth movement inside Poland, and he For the last 40 years, my mother has dedi- gress. The Kluge Prize is given for lifetime became an adviser and active supporter-in- cated her life to her profession, her husband, achievement in the humanities and social exile of the Solidarity movement that chal- her children, and her community. sciences, areas of scholarship for which there lenged and began unraveling, in a non-violent The former Marsha Smulevitz began her ca- are no Nobel Prizes. way, the Soviet system in Eastern Europe. As reer as a nurse in Chicago where she met my Mr. Kluge and the Librarian of Congress one of the leaders of Solidarity put it: father, Benjamin, during his medical residency. James H. Billington deserve our congratula- This skeptical student of enlightenment They soon thereafter wed and settled in Chi- tions for conceiving, developing and funding thought, this scholar of the highest intellec- cago’s North Andersonville neighborhood this prize. It will provide recognition for the in- tual rigor, this opponent of all illusions, where they went on to have four children: me, fluence the humanities have on human wel- played the most romantic and Promethean my brothers Ezekiel and Ariel, and my sister, fare. The first recipient of the million-dollar of roles. He was the awakener of human Shoshana. hopes. Kluge Prize is Leszek Kolakowski, whose As if raising four children was not chal- achievements as a philosopher, historian and In other words, this man demonstrated that lenging enough, my mother continued to dedi- essayist have influenced and affected the philosophical thought and the study of history cate herself to public service and the civil course of European history within his lifetime. can lead to world-changing action, as Dr. rights struggle of that time, working to build a Librarian of Congress James H. Billington rec- Kolakowski’s work helped to change the world just society for all Americans. In the early ognized Kolakowski for not only his accom- though the Solidarity Movement. The word 1960’s, my mother served four years on the plishments but ‘‘the trajectory of a scholarly academic sometimes is used to mean ‘‘without Congress of Racial Equality, founded by stu- lifetime,’’ evidencing growth in both intellectual practical or useful significance.’’, For Leszek dents at the University of Chicago, through range and maturity over more than half a cen- Kolakowski academic research is not aca- which she participated in the Freedom March tury. The selection process included consider- demic. in the South. ation of the wide range of nominations by a Following her activism in the civil rights worldwide Scholars Council established for the Dr. Billington began soliciting nominations movement, my mother traveled an entrepre- purpose. Professor Kilakowski, sometimes de- for the first Kluge Prize over two years ago, neurial path. She went on to own the Daisy scribed as the philosopher of the Solidarity but he first developed the idea in the late Patch Night Club on Chicago’s north side Movement, is a worthy choice for the first 1970’s while serving as Director of the Wood- where many local bands came to play their Kluge Prize because it truly shows the con- row Wilson International Center for Scholars. first performances. structive power of thought. Dr. Billington obtained congressional author- As her children entered their teens, my Professor Kolakowski, who currently lives in ization for a Nobel-type prize in the field of so- mother returned to school. Never having grad- Oxford, England, was born in Radom, Poland, cial and political thought, to honor the late uated from high school, she earned her GED. in 1927. He was educated at Lodz University Senator Hubert Humphrey, founding chairman She continued her academic pursuits by (1945–50) and Warsaw University, where he of the Wilson Center Board. The prize was studying social work at Roosevelt University received his doctorate in 1953, staying on to never funded, but Dr. Billington brought the and earning an advanced degree in social become Chairman of the Section of History of idea with him when he came to the Library of work from Northeastern Illinois University. For Philosophy at Warsaw. He concurrently Congress in 1987. Endowed by Library bene- over twenty years, my mother has maintained worked in the Institute of Philosophy of the factor John W. Kluge, this prize will reward her commitment to public service by working Polish Academy of Sciences and as editor-in- lifetime achievement in the wide range of dis- as a social worker and counselor to local chil- chief of the main philosophical journal in Po- ciplines not covered by the Nobel prizes. Such dren and adults. land. Having been expelled for political rea- disciplines include history, philosophy, politics, Mr. Speaker, on this, her 70th birthday, I am sons from his university post by the Polish anthropology, sociology, religion, criticism in so very proud of and sincerely thank my moth- government in March 1968, he held a series the arts and humanities, and linguistics. The er, Marsha Emanuel, for always being a guid- of professorships of Philosophy abroad: McGill award is at the financial level of the Nobel ing light to her husband, her four children, and University, Montreal (1968–69), the University awards. The prize is international; the recipient her eleven grandchildren. Happy Birthday, of California, Berkeley (1969–70), and Yale may be of any nationality, writing in any lan- Mom. University (1974). From 1981 to 1994 he was guage. Professor on the Committee of Social Thought f at the University of Chicago. He was also a Dr. Billington believes it is important and ap- TRIBUTE TO COACH VAN ROSE Senior Research Fellow of All Souls College, propriate to award the prize at the Library of AND THE SHAWNEE MISSION Oxford, from 1970 until his retirement in 1995. Congress, in the nation’s capital, in recognition NORTHEAST HIGH SCHOOL BOYS’ During the years, he has been widely honored of America’s long tradition of devoting energy CROSS COUNTRY TEAM and received the German Booksellers Peace and resources into the serious and ranging Prize (1977), the Erasmus Prize (1980), the study of the human sciences—more than any HON. DENNIS MOORE other nation over the last century. The inter- Veillon Foundation European Prize for the OF KANSAS national nature of the prize reflects America’s Essay (1980), the Jefferson Award (1986), the IN THE HOUSE OF REPRESENTATIVES MacArthur Award (1982), the University of role as a world civilization whose thinkers and Chicago Laing Award (1990), and Tocqueville ideas trace their origins to all corners of the Friday, November 7, 2003 Prize (1994). world. Please join me in congratulating Leszek Mr. MOORE. Mr. Speaker, I would like to He has written more than 30 books and 400 Kolakowski on this important award and thank take this opportunity to commend a remark- other writings on a wide range of subjects in him for his contribution to the world we live in. able man who lives and works in the Third

∑ 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 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.001 E07PT1 E2274 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2003 Congressional District of Kansas. Van Rose, a gratulate Brian Wynne, Joe Leary, Raynor I pause today to share with you just a bit calculus teacher and cross country coach at Dongieux, James Urbany, Andy Urbany, David of information about one of our most es- Shawnee Mission Northwest High School, Pope-Davis, Sam Fallon, Michael Hughes, teemed graduate, the Honorable Walter E. Washington. should be recognized for his undying commit- Spencer McCollester, Jason Bathrick, Many of our students attend law school be- ment to the students he coaches on Shawnee Alejandro Gurule, John Cananaugh, Collin cause they are interested in politics or pub- Mission Northwest’s ‘‘Cougars’’ cross country Fitzsimmons, Peter Sabo, Patrick Bishop, lic service. For nearly 140 years our law team. Logan Conner, Patrick Murphy, Mike McDon- school has produced several leading political On November 1, 2003, the Cougars’ boys’ ald, Patrick Kelly, Wil Banik, Michael Brady, figures in the Nation and beyond. One of our team picked up their 10th straight state cham- Matthew Pellegrino, Assistant Coach Todd Pe- graduates, the Honorable Walter E. Wash- pionship title in the Kansas high school 6A di- terson, and student manger Kevin McCombs ington, class of 1938, died this week. Why is on their state championship. his life important to us? He was a graduate vision. But that’s only the beginning. Under his of Howard University School of Law, who is leadership, the girls’ cross country team has Additionally, I would also like to congratulate an example of what our students can do to won eight championships over the past 10 Alison Smith, Carolyn Murphy, Julie Veldman, make the world a better place. It is an oppor- years. Combined, his teams have won more Stephanie Horvath, Kristen Hayes, Meg tunity for us to reflect, even for a moment than 20 state titles since 1977. McHugh, Susan Pinnick, Meghan Paladino, and consider why we came to Howard Law After spending countless hours coaching his Alison Lindsey, Jenny Thornton, Christine School and the aspirations that directed us team, and preparing lesson plans for his cal- Sweeney, Julie Paunicka, Lizzie Gerard, Ali to enter the profession of law or to teach. Nellis, Erin James, Cathrine Guentert, Collen Walter Washington was a friend of many culus students, Mr. Rose finds the time to con- people in Washington and abroad. He was tribute to his community. For the past 25 Kelly, Morgan Cox, Lindsey Hyduk, Caitlyn graduated during a period when life was years, he has volunteered every summer at Edmonds, Kelly Roberson, Allison Sweeney, hard, but his spirit to achieve was strong and the PowerAde Freedom Run in downtown Assistant Coaches Phil DePauw, Marianne his determination unstoppable. There was Lenexa, Kansas. Ciolitto, and Carrie Applegate for their remark- little if any scholarship money when Walter Coach Rose is noted for his dedication to able season. Washington entered the law school. His gen- youth and his selfless attitude. Despite his ob- Mr. Speaker, I know that these young men eration worked their way through school, and women will go far in their future endeav- but they studied long hours at night into the vious talents as a coach, teacher, leader, and morning sun. Washington, like so many of mentor, he always gives his runners all the ors. They have already demonstrated they have what it takes to be a champion. I wish the students of his generation, were guided credit for the teams’ successes. by their law teachers, yet they also brought Mr. Speaker, for his dedication and selfless- the seniors the best of luck. with them seeds planted for the future from Again, I would like to congratulate the St. ness, I proudly commend Coach Van Rose as their high schools, colleges, families, and Joe High School boys soccer team for winning he and the Cougars celebrate another victory friends. their first-ever state title and the girls soccer this year as Kansas cross country state Washington was a graduated from Howard team for their exceptional runner-up finish at University and its law school. I was honored champs. the state tournament. to know him personally, but not as much as f I would have like to have known the depth of f his extraordinary intellect and perseverance HONORING ST. JOSEPH HIGH COMMEMORATION FOR FORMER in his early years. Many people knew of him SCHOOL BOYS SOCCER ON STATE WASHINGTON, D.C. MAYOR WAL- very early in his life and most must have CHAMPIONSHIP AND GIRLS SOC- TER EDWARD WASHINGTON predicted that he would be successful in his CER ON STATE RUNNER-UP calling to the law. But he stretched beyond the law to the political arena and in 1973, he HON. ELEANOR HOLMES NORTON was first appointed by President Johnson as HON. CHRIS CHOCOLA OF THE DISTRICT OF COLUMBIA Mayor-Commissioner of the District of Co- OF INDIANA IN THE HOUSE OF REPRESENTATIVES lumbia becoming the first African American IN THE HOUSE OF REPRESENTATIVES Friday, November 7, 2003 Mayor in a large city in the Nation. He was Friday, November 7, 2003 subsequently elected as Mayor of Wash- Ms. NORTON. Mr. Speaker, funeral serv- ington, DC in 1974. As a recent law graduate, Mr. CHOCOLA. Mr. Speaker, I rise today to ices were held for the first elected Mayor of I remember his election well because he was congratulate the young men and women of St. the District of Columbia in the 20th century, a graduate of the very law school that I at- Joseph High School Indians’ boys and girls Mayor Walter E. Washington, on Saturday, tended. It made me proud of our school and soccer teams. November 1, 2003. The funeral had the full caused me to respect him all these years St. Joe High School, located in my District trappings of a state funeral that Mayor Wash- even as an outsider to the life that he lived, in South Bend, Indiana, has about 750 stu- except for the past 7 years during which I got ington deserved. He lay in state at the John A. to know him in more professional sur- dents. On a cold Sunday, the 22–member Wilson Building (the District Building) on Fri- roundings. boys team set out to win their first-ever state day, October 31. Following memorial services, I bring this message to the faculty and championship. which took place at the Washington National more importantly to our students as an ex- Mr. Speaker, these young men not only Cathedral, Mayor Washington’s coffin, draped ample of what students are capable of be- captured their first Indiana High School Ath- with the District of Columbia flag, was carried coming and how we influence them in the letic Association State Soccer Championship, through the city on a large fire truck, passing ways each of us teach and inspire them, even but they did it in dramatic fashion. They fin- students who may not see the value or the through neighborhoods associated with his life power of their intellects that will rest upon ished with a perfect record—twenty-four wins in our city, including LeDroit Park, where he recognition of their own worth and account- and no losses. lived, Howard University, where he attended ability. Walter Washington loved his law This great triumph is a direct result of years undergraduate and law school, and the City school and the friends that he made during of hard work, discipline, dedication, and devo- Museum which he helped to found. He was his matriculation at Howard University. In tion to the sport. In fact, I know that the 10 laid to rest at the Lincoln Memorial Cemetery. so many ways, Mayor Washington’s life is seniors on the team have been playing to- I paid tribute to Mayor Washington in re- like so many of our graduates who placed or gether since the age of 8. The players, coach- marks last week and also placed in the left marks in the sand that will not and cannot be brushed away. Mayor Washington will ing staff, and parents brought the game of RECORD a Washington Post editorial and a be remembered not only by the wonderful ar- soccer to new levels, and the entire team personal tribute from Post editorial writer, ticles that appear in today’s newspaper should be congratulated for a season that will Colbert King. Howard University Law School (Washington Post Oct. 28, 2003), he is to be no doubt go down in school history. Professor J. Clay Smith, Jr., who served with studied by our students as an exemplar of The girls soccer team also had a fantastic me when I chaired the Equal Employment Op- what (you) can become. As for us who teach, season. Finishing with seventeen victories, the portunity Commission, has asked me to share I hope that from time to time we remind our Lady Indians marked their return to the state with the House his reflections to the faculty students that what we do here at the law finals with a valiant effort. They should be very and students of the law school concerning school is to help mold them toward law so proud of their runnerup state champion title. Mayor Washington. I am pleased to submit his that they can lead as Walter E. Washington and so many others of our graduates have I would like to acknowledge Coach LeRoy remarks for the RECORD. done to secure the democracy, to find an- Krempec and Coach Johan Kuitse for their IN MEMORY OF WALTER E. WASHINGTON 1915– swers to secure the poor, to create better brilliant seasons. 2003 housing, to be honored by the people as lead- On behalf of the citizens of the Second (By Professor J. Clay Smith, Jr.) ers from the law school of its first Dean, Congressional District, I would like to con- Dear Faculty and Students: John Mercer Langston.

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A07NO8.004 E07PT1 November 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2275 Nevertheless, to achieve these wonderful women who served in the Armed Forces, is a Ronald Reagan’s ground breaking speech be- levels, giants like Washington, to hear him particularly fitting place for this tribute. I hope fore the British Parliament in London on June tell it, meant that a 100% effort was required that my colleagues will join me in supporting 8, 1982. President Reagan said: in the study of law. Greatness may be defined in many ways, our law school has grad- this bill. The objective I propose is quite simple to uated many great people, and many more f state: to foster the infrastructure of democ- will come and leave this law school that will racy-the system of a free press, unions, polit- and who have prepared themselves to be INTRODUCTION OF SEEDS FOR ical parties, universities- which allows a peo- leaders and successful lawyers in commu- SOLDIERS ACT ple to choose their own way, to develop their nities they will serve. Mayor Washington own culture, to reconcile their own dif- was one of such students. He will be missed, HON. TOM UDALL ferences through peaceful means. but he has left with us, particularly our law OF NEW MEXICO Since its inception at the height of the Cold school, seeds that will grow many others like IN THE HOUSE OF REPRESENTATIVES War, the National Endowment for Democracy him. has been a bipartisan, non-profit organization Friday, November 7, 2003 f with the singular aim of promoting democracy Mr. UDALL of New Mexico. Mr. Speaker, I INTRODUCTION OF ‘‘THE MEMO- and freedom throughout the world. The Na- rise today to introduce the Seeds for Soldiers RIAL TO NONCITIZEN PATRIOTS tional Endowment for Democracy has lived up Act, a bill intended to help our veterans ACT’’ to its mission of ‘‘supporting freedom through- jumpstart new small businesses. out the world.’’ HON. JANE HARMAN This bill contains two main components. Yesterday, President George W. Bush re- First, it creates a specialized loan program for newed America’s commitment to the cause of OF CALIFORNIA veterans through the Small Business Adminis- freedom with these stirring words: IN THE HOUSE OF REPRESENTATIVES tration. This program provides veterans with The advance of freedom is the calling of Friday, November 7, 2003 loans up to $3 million, allows for debt refi- our time; it is the calling of our country. Ms. HARMAN. Mr. Speaker, I rise today to nancing, and permits borrowers to defer pay- From the Fourteen Points to the Four Free- join my colleague from California, Mr. ments for up to one year without any accumu- doms, to the Speech at Westminster, Amer- CUNNINGHAM, to honor our nation’s veterans lation of interest. To encourage lenders to pro- ica has put our power at the service of prin- with introduction of the ‘‘Memorial to Noncit- vide capital, the program will carry reduced ciple. We believe that liberty is the design of nature; we believe that liberty is the direc- izen Patriots Act.’’ costs and a higher government loan guarantee Second, the bill establishes a vocational re- tion of history. We believe that human ful- George Washington once said, ‘‘The willing- fillment and excellence come in the respon- ness with which our young people are likely to habilitation program for veterans specifically sible exercise of liberty. And we believe that serve in any war, no matter how justified, shall designed to assist in the transition out of serv- freedom—the freedom we prize—is not for us be directly proportional to how they perceive ice to become entrepreneurs. The program will alone, it is the right and the capacity of all the veterans of earlier wars were treated and be established within the existing Small Busi- mankind. appreciated by their nation.’’ ness Development Centers and will provide Mr. Speaker, I applaud President Bush for Honoring our veterans is a process that be- both technical and vocational assistance to as- his vision, steadfast commitment and leader- gins on the battlefield through ensuring that sist veterans in transforming their skills ship in the advancement of freedom through- our troops have the best training, equipment learned in military training to areas where out the world. and other support. It continues as we welcome there is market demand. In addition, the pro- It is now my distinct priviledge to ask unani- them home upon returning from war, when we gram will provide the entrepreneurial assist- mous consent that the full text of President fly the POW-MIA flag, when we care for them ance for veterans to set up their own busi- Bush’s remarks at the 20th anniversary of the and their families and, ultimately, when we lay ness. It will provide these veterans the tools to National Endowment for Democracy be in- them to rest with appropriate remembrance move from the workplace to the marketplace. cluded in the CONGRESSIONAL RECORD at this and tribute. The program will authorize $25 million with time. Our country, while divided in its views on minimum grants of $500,000. REMARKS BY PRESIDENT GEORGE W. BUSH AT specific military actions, is united in its support As a member of both the House Veterans’ THE 20TH ANNIVERSARY OF THE NATIONAL for our service men and women who are pre- Affairs Committee and the Small Business ENDOWMENT FOR DEMOCRACY pared to make the ultimate sacrifice to defend Committee, I strongly support assisting our The PRESIDENT. Thank you all very much. our freedom. Nation’s veterans in establishing their own Please be seated. Thanks for the warm wel- Many American military heroes, past and businesses. As a Nation currently welcoming come, and thanks for inviting me to join you present, were born outside of the United home our newest veterans, we must act in in this 20th anniversary of the National En- States. From the thousands of noncitizens every way possible to assist those heroes in dowment for Democracy. The staff and direc- who fought for the Union Army during the Civil their success upon return. This bill provides tors of this organization have seen a lot of War, to the 36,177 noncitizen members of to- the seeds for veteran-owned businesses, so history over the last two decades, you’ve day’s Armed Forces, these men and women been a part of that history. By speaking for that they may grow into sustainable entities. and standing for freedom, you’ve lifted the have sacrificed for our country and the preser- I thank Representative Sue Kelly for her vation of our precious freedom. hopes of people around the world, and you’ve support of this bill, and I urge my colleagues brought great credit to America. To date, we have lost 17 noncitizen service to join us in supporting both our veterans, and I appreciate Vin for the short introduction. members in Iraq. Marine Lance Corporal Jose the benefits that small businesses contribute I’m a man who likes short introductions. Gutierrez from Lomita, California, in my Con- to our economy, by cosponsoring this bill. And he didn’t let me down. But more impor- gressional District, was born in Guatemala and tantly, I appreciate the invitation. I appre- f lost his life this spring. Like Corporal Gutier- ciate the members of Congress who are here, rez, all of these men and women have fought COMMENDING PRESIDENT BUSH’S senators from both political parties, mem- just as bravely as their American-born coun- REMARKS AT THE 20TH ANNI- bers of the House of Representatives from terparts and have dedicated themselves to VERSARY OF THE NATIONAL EN- both political parties. I appreciate the am- DOWMENT FOR DEMOCRACY bassadors who are here. I appreciate the serving the country they are proud to call their guests who have come. I appreciate the bi- own. partisan spirit, the nonpartisan spirit of the It is time that we appropriately recognize HON. LINCOLN DIAZ-BALART National Endowment for Democracy. I’m their bravery, valor, and patriotism. OF FLORIDA glad that Republicans and Democrats and I am pleased to pay tribute to Corporal IN THE HOUSE OF REPRESENTATIVES independents are working together to ad- Gutierrez and other foreign-born noncitizen vance human liberty. patriots who died in combat with the introduc- Friday, November 7, 2003 The roots of our democracy can be traced tion of the ‘‘Memorial to Noncitizen Patriots Mr. LINCOLN DIAZ-BALART of Florida. Mr. to England, and to its Parliament—and so Act.’’ This legislation would authorize construc- Speaker, I rise to commend President George can the roots of this organization. In June of tion of a memorial at Arlington National Ceme- W. Bush for his extremely important and inspi- 1982, President Ronald Reagan spoke at Westminster Palace and declared, the turn- tery honoring the service and sacrifice of non- rational remarks at the 20th anniversary of the ing point had arrived in history. He argued citizens killed in the line of duty while serving National Endowment for Democracy on No- that Soviet communism had failed, precisely in the U.S. Armed Forces. vember 6, 2003. because it did not respect its own people— Arlington, the nation’s premier military cem- The National Endowment for Democracy their creativity, their genius and their etery and shrine honoring the men and was formed 20 years ago to answer President rights.

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A07NO8.007 E07PT1 E2276 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2003 President Reagan said that the day of So- en for humanity, and the best hope for claim in 1957. Seventy-four years ago, The viet tyranny was passing, that freedom had a progress here on Earth. Sunday London Times declared nine-tenths momentum which would not be halted. He The progress of liberty is a powerful trend. of the population of India to be ‘‘illiterates gave this organization its mandate: to add to Yet, we also know that liberty, if not de- not caring a fig for politics.’’ Yet when In- the momentum of freedom across the world. fended, can be lost. The success of freedom is dian democracy was imperiled in the 1970s, Your mandate was important 20 years ago; it not determined by some dialectic of history. the Indian people showed their commitment is equally important today. (Applause.) By definition, the success of freedom rests to liberty in a national referendum that A number of critics were dismissive of that upon the choices and the courage of free peo- saved their form of government. speech by the President. According to one ples, and upon their willingness to sacrifice. Time after time, observers have questioned editorial of the time, ‘‘It seems hard to be a In the trenches of World War I, through a whether this country, or that people, or this sophisticated European and also an admirer two-front war in the 1940s, the difficult bat- group, are ‘‘ready’’ for democracy—as if free- of Ronald Reagan.’’ (Laughter.) Some ob- tles of Korea and Vietnam, and in missions dom were a prize you win for meeting our servers on both sides of the Atlantic proof rescue and liberation on nearly every con- own Western standards of progress. In fact, nounced the speech simplistic and naive, and tinent, Americans have amply displayed our the daily work of democracy itself is the even dangerous. In fact, Ronald Reagan’s willingness to sacrifice for liberty. path of progress. It teaches cooperation, the words were courageous and optimistic and The sacrifices of Americans have not al- free exchange of ideas, and the peaceful reso- entirely correct. (Applause.) ways been recognized or appreciated, yet lution of differences. As men and women are The great democratic movement President they have been worthwhile. Because we and showing, from Bangladesh to Botswana, to Reagan described was already well under- our allies were steadfast, Germany and Mongolia, it is the practice of democracy way. In the early 1970s, there were about 40 Japan are democratic nations that no longer that makes a nation ready for democracy, democracies in the world. By the middle of threaten the world. A global nuclear standoff and every nation can start on this path. that decade, Portugal and Spain and Greece with the Soviet Union ended peacefully—as It should be clear to all that Islam—the held free elections. Soon there were new de- did the Soviet Union. The nations of Europe faith of one-fifth of humanity—is consistent mocracies in Latin America, and free insti- are moving towards unity, not dividing into with democratic rule. Democratic progress is tutions were spreading in Korea, in Taiwan, armed camps and descending into genocide. found in many predominantly Muslim coun- and in East Asia. This very week in 1989, Every nation has learned, or should have tries—in Turkey and Indonesia, and Senegal there were protests in East Berlin and in learned, an important lesson: Freedom is and Albania, Niger and Sierra Leone. Muslim Leipzig. By the end of that year, every com- worth fighting for, dying for, and standing men and women are good citizens of India munist dictatorship in Central America had for—and the advance of freedom leads to and South Africa, of the nations of Western collapsed. Within another year, the South peace. (Applause.) Europe, and of the United States of America. African government released Nelson And now we must apply that lesson in our More than half of all the Muslims in the Mandela. Four years later, he was elected own time. We’ve reached another great turn- world live in freedom under democratically constituted governments. They succeed in president of his country—ascending, like ing point—and the resolve we show will democratic societies, not in spite of their Walesa and Havel, from prisoner of state to shape the next stage of the world democratic faith, but because of it. A religion that de- head of state. movement. As the 20th century ended, there were Our commitment to democracy is tested in mands individual moral accountability, and around 120 democracies in the world—and I countries like Cuba and Burma and North encourages the encounter of the individual can assure you more are on the way. (Ap- Korea and Zimbabwe—outposts of oppression with God, is fully compatible with the rights plause.) Ronald Reagan would be pleased, in our world. The people in these nations live and responsibilities of self-government. Yet there’s a great challenge today in the and he would not be surprised. in captivity, and fear and silence. Yet, these We’ve witnessed, in little over a genera- regimes cannot hold back freedom forever— Middle East. In the words of a recent report by Arab scholars, the global wave of democ- tion, the swiftest advance of freedom in the and, one day, from prison camps and prison racy has—and I quote—‘‘barely reached the 2,500 year story of democracy. Historians in cells, and from exile, the leaders of new de- Arab states.’’ They continue: ‘‘This freedom the future will offer their own explanations mocracies will arrive. (Applause.) Com- deficit undermines human development and for why this happened. Yet we already know munism, and militarism and rule by the ca- is one of the most painful manifestations of some of the reasons they will cite. It is no pricious and corrupt are the relics of a pass- lagging political development.’’ The freedom accident that the rise of so many democ- ing era. And we will stand with these op- deficit they describe has terrible con- racies took place in a time when the world’s pressed peoples until the day of their free- sequences, of the people of the Middle East most influential nation was itself a democ- dom finally arrives. (Applause.) and for the world. In many Middle Eastern racy. Our commitment to democracy is tested in countries, poverty is deep and it is spread- The United States made military and China. That nation now has a sliver, a frag- ing, women lack rights and are denied moral commitments in Europe and Asia, ment of liberty. Yet, China’s people will schooling. Whole societies remain stagnant which protected free nations from aggres- eventually want their liberty pure and while the world moves ahead. These are not sion, and created the conditions in which whole. China has discovered that economic the failures of a culture or a religion. These new democracies could flourish. As we pro- freedom leads to national wealth. China’s are the failures of political and economic vided security for whole nations, we also pro- leaders will also discover that freedom is in- doctrines. vided inspiration for oppressed peoples. In divisible—that social and religious freedom As the colonial era passed away, the Mid- prison camps, in banned union meetings, in is also essential to national greatness and dle East saw the establishment of many mili- clandestine churches, men and women knew national dignity. Eventually, men and tary dictatorships. Some rulers adopted the that the whole world was not sharing their women who are allowed to control their own dogmas of socialism, seized total control of own nightmare. They knew of at least one wealth will insist on controlling their own political parties and the media and univer- place—a bright and hopeful land—where free- lives and their own country. sities. They allied themselves with the So- dom was valued and secure. And they prayed Our commitment to democracy is also viet bloc and with international terrorism. that America would not forget them, or for- tested in the Middle East, which is my focus Dictators in Iraq and Syria promised the res- get the mission to promote liberty around today, and must be a focus of American pol- toration of national honor, a return to an- the world. icy for decades to come. In many nations of cient glories. They’ve left instead a legacy of Historians will note that in many nations, the Middle East—countries of great strategic torture, oppression, misery, and ruin. the advance of markets and free enterprise importance—democracy has not yet taken Other men, and groups of men, have gained helped to create a middle class that was con- root. And the questions arise: Are the peo- influence in the Middle East and beyond fident enough to demand their own rights. ples of the Middle East somehow beyond the through an ideology of theocratic terror. Be- They will point to the role of technology in reach of liberty? Are millions of men and hind their language of religion is the ambi- frustrating censorship and central control— women and children condemned by history tion for absolute political power. Ruling ca- and marvel at the power of instant commu- or culture to live in despotism? Are they bals like the Taliban show their version of nications to spread the truth, the news, and alone never to know freedom, and never even religious piety in public whippings of courage across borders. to have a choice in the matter? I, for one, do women, ruthless suppression of any dif- Historians in the future will reflect on an not believe it. I believe every person has the ference or dissent, and support for terrorists extraordinary, undeniable fact: Over time, ability and the right to be free. (Applause.) who arm and train to murder the innocent. free nations grow stronger and dictatorships Some skeptics of democracy assert that The Taliban promised religious purity and grow weaker. In the middle of the 20th cen- the traditions of Islam are inhospitable to national pride. Instead, by systematically tury, some imagined that the central plan- the representative government. This ‘‘cul- destroying a proud and working society, ning and social regimentation were a short- tural condescension,’’ as Ronald Reagan they left behind suffering and starvation. cut to national strength. In fact, the pros- termed it, has a long history. After the Japa- Many Middle Eastern governments now un- perity, and social vitality and technological nese surrender in 1945, a so-called Japan ex- derstand that military dictatorship and the- progress of a people are directly determined pert asserted that democracy in that former ocratic rule are a straight, smooth highway by extent of their liberty. Freedom honors empire would ‘‘never work.’’ Another ob- to nowhere. But some governments still and unleashes human creativity—and cre- server declared the prospects for democracy cling to the old habits of central control. ativity determines the strength and wealth in post-Hitler Germany are, and I quote, There are governments that still fear and re- of nations. Liberty is both the plan of Heav- ‘‘most uncertain at best’’—he made that press independent thought and creativity,

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A07NO8.011 E07PT1 November 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2277 and private enterprise—the human qualities and this makes us patient and understanding a watershed event in the global democratic that make for a—strong and successful soci- as other nations are at different stages of revolution. (Applause.) eties. Even when these nations have vast this journey. Sixty years of Western nations excusing natural resources, they do not respect or de- There are, however, essential principles and accommodating the lack of freedom in velop their greatest resources—the talent common to every successful society, in every the Middle East did nothing to make us and energy of men and women working and culture. Successful societies limit the power safe—because in the long run, stability can- living in freedom. of the state and the power of the military— not be purchased at the expense of liberty. Instead of dwelling on past wrongs and so that governments respond to the will of As long as the Middle East remains a place blaming others, governments in the Middle the people, and not the will of an elite. Suc- where freedom does not flourish, it will re- East need to confront real problems, and cessful societies protect freedom with the main a place of stagnation, resentment, and serve the true interests of their nations. The consistent and impartial rule of law, instead violence ready for export. And with the good and capable people of the Middle East of selecting applying—selectively applying spread of weapons that can bring cata- all deserve responsible leadership. For too the law to punish political opponents. Suc- strophic harm to our country and to our long, many people in that region have been cessful societies allow room for healthy civic friends, it would be reckless to accept the victims and subjects—they deserve to be ac- institutions—for political parties and labor status quo. (Applause.) tive citizens. unions and independent newspapers and Therefore, the United States has adopted a Governments across the Middle East and broadcast media. Successful societies guar- new policy, a forward strategy of freedom in North Africa are beginning to see the need antee religious liberty—the right to serve the Middle East. This strategy requires the for change. Morocco has a diverse new par- and honor God without fear of persecution. same persistence and energy and idealism we liament; King Mohammed has urged it to ex- Successful societies privatize their econo- have shown before. And it will yield the tend the rights to women. Here is how His mies, and secure the rights of property. They same results. As in Europe, as in Asia, as in Majesty explained his reforms to parliament: prohibit and punish official corruption, and every region of the world, the advance of ‘‘How can society achieve progress while invest in the health and education of their freedom leads to peace. (Applause.) women, who represent half the nation, see people. They recognize the rights of women. The advance of freedom is the calling of their rights violated and suffer as a result of And instead of directing hatred and resent- our time; it is the calling of our country. injustice, violence, and marginalization, not- ment against others, successful societies ap- From the Fourteen Points to the Four Free- withstanding the dignity and justice granted peal to the hopes of their own people. (Ap- doms, to the Speech at Westminster, Amer- to them by our glorious religion?’’ The King plause.) ica has put our power at the service of prin- These vital principles are being applies in of Morocco is correct: The future of Muslim ciple. We believe that liberty is the design of the nations of Afghanistan and Iraq. With nations will be better for all with the full nature; we believe that liberty is the direc- the steady leadership of President Karzai, participation of women. (Applause.) tion of history. We believe that human ful- the people of Afghanistan are building a In Bahrain last year, citizens elected their fillment and excellence come in the respon- modern and peaceful government. Next own parliament for the first time in nearly sible exercise of liberty. And we believe that month, 500 delegates will convene a national three decades. Oman has extended the vote freedom—the freedom we prize—is not for us assembly in Kabul to approve a new Afghan to all adult citizens; Qatar has a new con- alone, it is the right and the capacity of all constitution. The proposed draft would es- stitution; Yemen has a multiparty political mankind. (Applause.) tablish a bicameral parliament, set national system; Kuwait has a directly elected na- Working for the spread of freedom can be elections next year, and recognize Afghani- tional assembly; and Jordan held historic hard. Yet, America has accomplished hard stan’s Muslim identity, while protecting the elections this summer. Recent surveys in tasks before. Our nation is strong; we’re rights of all citizens. Afghanistan faces con- Arab nations reveal broad support for polit- strong of heart. And we’re not alone. Free- tinuing economic and security challenges—it ical pluralism, the rule of law, and free dom is finding allies in every country; free- will face those challenges as a free and stable speech. These are the stirrings of Middle dom finds allies in every culture. And as we democracy. (Applause.) Eastern democracy, and they carry the meet the terror and violence of the world, we In Iraq, the Coalition Provisional Author- promise of greater change to come. can be certain the author of freedom is not ity and the Iraqi Governing Council are also As changes come to the Middle Eastern re- indifferent to the fate of freedom. working together to build a democracy—and gion, those with power should ask them- With all the tests and all the challenges of after three decades of tyranny, this work is selves: Will they be remembered for resisting our age, this is, above all, the age of liberty. not easy. The former dictator ruled by terror reform, or for leading it? In Iran, the demand Each of you at this Endowment is fully en- and treachery, and left deeply ingrained hab- for democracy is strong and broad, as we saw gaged in the great cause of liberty. And I its of fear and distrust. Remnants of his re- last month when thousands gathered to wel- thank you. May God bless your work. And gime, joined by foreign terrorists, continue come home Shirin Ebadi, the winner of the may God continue to bless America. (Ap- their battle against order and against civili- Nobel Peace Prize. The regime in Teheran plause.) must heed the democratic demands of the zation. Our coalition is responding to recent Iranian people, or lose its last claim to legit- attacks with precision raids, guided by intel- f imacy. (Applause.) ligence provided by the Iraqis, themselves. For the Palestinian people, the only path And we’re working closely with Iraqi citizens TRIBUTE TO W. JASON MORGAN to independence and dignity and progress is as they prepare a constitution, as they move the path of democracy. (Applause.) And the toward free elections and take increasing re- Palestinian leaders who block and under- sponsibility for their own affairs. As in the HON. RUSH D. HOLT mine democratic reform, and feed hatred and defense of Greece in 1947, and later in the OF NEW JERSEY encourage violence are not leaders at all. Berlin Airlift, the strength and will of free IN THE HOUSE OF REPRESENTATIVES They’re the main obstacles to peace, and to peoples are now being tested before a watch- the success of the Palestinian people. ing world. And we will meet this test. (Ap- Friday, November 7, 2003 The Saudi government is taking first steps plause.) Mr. HOLT. Mr. Speaker, this week, W. toward reform, including a plan for gradual Securing democracy in Iraq is the work of Jason Morgan was awarded the National many hands. American and coalition forces introduction of elections. By giving the Medal of Science Award at the White House Saudi people a greater role in their own soci- are sacrificing for the peace of Iraq and for ety, the Saudi government can demonstrate the security of free nations. Aid workers for discoveries underlying modern studies of true leadership in the region. from many countries are facing danger to earthquakes and volcanoes. The great and proud nation of Egypt has help the Iraqi people. The National Endow- A geophysicist, W. Jason Morgan has been shown the way toward peace in the Middle ment for Democracy is promoting women’s selected to receive the National Medal of East, and now should show the way toward rights, and training Iraqi journalists, and Science—the nation’s highest scientific democracy in the Middle East. (Applause.) teaching the skills of political participation. honor—for theories that describe how land Champions of democracy in the region un- Iraqis, themselves—police and borders masses move, volcanoes arise and many derstand that democracy is not perfect, it is guards and local officials—are joining in the not the path to utopia, but it’s the only path work and they are sharing in the sacrifice. other features of the land and sea take shape. to national success and dignity. This is a massive and difficult under- W. Jason Morgan, the Knox Taylor Pro- As we watch and encourage reforms in the taking—it is worth our effort, it is worth our fessor of Geography at Princeton University, is region, we are mindful that modernization is sacrifice, because we know the stakes. The among eight scientists and engineers selected not the same as Westernization. Representa- failure of Iraqi democracy would embolden to receive the award. tive governments in the Middle East will re- terrorists around the world, increase dangers The award recognizes Morgan for his work flect their own cultures. They will not, and to the American people, and extinguish the in pioneering two fundamental ideas—plate should not, look like us. Democratic nations hopes of millions in the region. Iraqi democ- may be constitutional monarchies, federal racy will succeed—and that success will send tectonics and mantle plumes. The first de- republics, or parliamentary systems. And forth the news, from Damascus to Teheran— scribes how the Earth’s surface consists of a working democracies always need time to that freedom can be the future of every na- dozen plates that move with respect to each develop—as did our own. We’ve taken a 200 tion. (Applause.) The establishment of a free other. This work provided a unified framework year journey toward inclusion and justice— Iraq at the heart of the Middle East will be for understanding earthquakes and volcanoes

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.015 E07PT1 E2278 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2003 as well as the formation of continents, moun- During the last 84 years, the Bethel Baptist CONGRATULATING THE CONCORD tains, ocean basins and other surface fea- Church has helped hundreds in the church HIGH SCHOOL MARCHING MIN- tures. It also underlies nearly all current re- and in the community of Kansas City, Kansas. UTEMEN ON THEIR CLASS B search into deposits of petroleum and other I know the House joins me in wishing Pastor STATE BAND CHAMPIONSHIP natural resources and the evolution of the Higgs and his congregants our very best on Earth’s climate and life. this anniversary, and for many more years of HON. CHRIS CHOCOLA The theory of plate tectonics he published in spiritual and community leadership in Kansas OF INDIANA 1968 is one of the major milestones of U.S. City and the Third Congressional District of IN THE HOUSE OF REPRESENTATIVES science in the 20th century, said Anthony Kansas. Friday, November 7, 2003 Dahlen, chair of the Princeton Department of Mr. CHOCOLA. Mr. Speaker, I rise today to Geosciences. f Essentially all of the research in solid-earth congratulate the Concord Marching Minute- geophysical sciences in the past 30 to 35 HONORING OUR VETERANS men on their Class B Indiana State School years has been firmly grounded upon Jason Music Association Championship. The young Morgan’s plate tectonic theory, Dahlen said. men and women of the Concord High School The scientific careers of a generation of geolo- HON. RAHM EMANUEL marching band, located in my District in Elk- gists and geophysicists have been founded hart, Indiana, competed in the ISSMA cham- upon his landmark 1968 paper. OF ILLINOIS pionships on Sunday, October 26, in the RCA The second area of Morgan’s work cited in IN THE HOUSE OF REPRESENTATIVES Dome in Indianapolis, Indiana. On this day, the award explains how heat within the Earth Mr. Speaker, Concord marched out of the forces columns of solid, but ductile material Friday, November 7, 2003 RCA Dome as champions. through the Earth’s mantle creating ‘‘hot Concord was the final band to compete in spots’’ at the surface. This rising material, Mr. EMANUEL. Mr. Speaker, I rise to recog- the class, proving the old adage ‘‘Save the known as a mantle plume, causes ridges and nize and pay tribute to America’s heroic vet- best for last.’’ I’ve been told the band deliv- volcanoes to form when oceanic plates pass erans. I am proud to represent over 34,000 ered a flawless performance of its colorful above it. Morgan first reported his findings re- veterans who live in the Fifth Congressional ‘‘Guitarras Espanoles,’’ which includes ‘‘La Fi- garding mantle plumes in 1971 and has pub- District of Illinois. As we observe Veterans esta Mexicana’’ and ‘‘Malaguena.’’ lished extensively on the subject over the last Day this year, perhaps there is no greater time This was the band’s second championship. three decades. in American history to reflect on what it means They won their first in 1992. I’d like to con- I am thrilled to see Jason Morgan honored to be a veteran. gratulate drum majors Ryan Tahara, Sarah Nagy and Patrick Doherty for leading their so appropriately, said Princeton University Our country’s sense of security is being de- President Shirley M. Tilghman. He is not only band to victory. fended by the soldiers fighting the global war The 2003 Class B champs include: Piccolo: a remarkable scientist, but a skilled and enthu- on terrorism in Iraq and Afghanistan. Through siastic teacher. He has mentored generations Amanda Bechtel, Brynne Bourdon; Flute: Kelly the example of the brave men and women in Aaron, Peter Boshart, Alyssa Byrum, Ashley of students, often taking them into the field to uniform who fought during World War Il, the experience first-hand the power of science to Hardy, Danielle Hudkins, Anita Kaoma, Renae Korean War, the Vietnam War or the Gulf Kerwood, Mindy Lux, Rachel McKenzie, April explain the most basic workings of our planet. War, today’s troops know they can and will After receiving a bachelor’s degree from the Miller, Erica Moskowitz, Luke Overton, Emily persevere even as they face extended tours of Georgia Institute of Technology, Morgan came Parks, Amber Parsons, Cassie Rhude, Erica duty and grueling and frightening conditions to Princeton as a graduate student in physics Schmucker, Whitney VanHook, Brittany Victor, on a daily basis. and studied under Robert Dicke, a renowned Brandi Walters, Libby Watson, Kim Yoder; mentor of many important 20th-century physi- There is no better way to honor those who Clarinet: Audrey Acosta, Marisa Amos, Kate cists. Morgan received his Ph.D. in 1964 and sacrificed their lives for our country than by Barghahn, Christine Cameron, Heather Col- joined the geosciences department the same ensuring that today’s veterans are treated with lins, Lacey Conwell, Daniela de la Reza, year. In 1988, he was named to Princeton’s dignity and respect. We must do that with Diana de la Reza, Kimberlie Dina, Dustin Taylor professorship. He has received numer- more than words and symbolic gestures of pa- Doherty, Julie Elmore, Amy Guarnuccio, ous awards, including the Japan Prize, the triotism. We must honor the soldiers, marines, Megan Gunn, Jenni Hillyer, Mandy Himes, Maurice Ewing Medal, the Leon Lutaud Prize, sailors and airmen of wars past and present Michelle James, Alarice Johnson, Kylie Kern, Kayla Killian, Catie Lynch, Nicole Lynch, the Alfred Wegener Medal and the Walter by ensuring that the covenant they entered Kaitlin McClure, Holly Meyers, Jessica Miller, Bucher Award. He was elected to the National when they donned the uniform and served our Larisa Murray, Laura Pauwels, Jordan Reyes, Academy of Sciences in 1982. Morgan has country is maintained. Regardless of the eco- Erin Shroyer, Mark, Smith, Nicole Smith, announced he will retire in February 2004. nomic climate, this nation must keep its prom- I congratulate Mr. Morgan on his award, and Monica Torres; Bass Clarinet: Ana Rodriguez, ises to veterans to provide the health care, Kimberly Berndt, Logan Bourdon, Carl Byler, I thank him for the contributions he has made education, and financial benefits our veterans to better our society. Cora Christophel, Amy Fager, Jon Rhoades, have earned. Andrew Troyer, Brian Zimmerle; Alto Saxo- f Mr. Speaker, next week when I join vet- phone: Cameron Bradley, Megan Cikara, Deb TRIBUTE TO BETHEL BAPTIST erans in the 5th District at the Franklin Park Elliott, Lizzie Fish, Celby Hadley, Dustin CHURCH OF KANSAS CITY, KAN- U.S. Military Armed Forces Veterans Memo- Knight, Mike Koscielny, Ryan Perkins, Mat- SAS rial, the Northcenter Flag-Raising Ceremony, thew Schmucker, Stephanie Stevens, Aaron and the Mayfair Community Veterans Memo- Yoder; Tenor Saxophone: Josh Cranmer, Ian HON. DENNIS MOORE rial, I will thank our veterans for their service, Faigh, Ryan Shroyer, Kayleigh Shurtz, Daniel OF KANSAS sacrifice and commitment to duty to protect Weaver; Trumpet: Blake Baker, Missy Barton, IN THE HOUSE OF REPRESENTATIVES the freedom that we enjoy. I will also thank the Megan Bortner, Mark Brown, Andrew Christophel, Vanessa Clark, Thomas Friday, November 7, 2003 families of those brave men and women in uniform who will become our nation’s newest Davidhizar, Andrew Davis, Ryan Detwiler, Mr. MOORE. Mr. Speaker, I rise today to veterans upon their return. We will always re- Colin Doherty, Daniel Fischer, Evan Jarvis, congratulate the Bethel Baptist Church of Kan- member their valor and service to America. Bradley Kime, Grant Longenbaugh, Richie sas City, Kansas, on reaching its 84th anniver- Lutes, Tyler Maxey, Julie McCarty, Keith sary, which will occur on November 23rd. This I thank our veterans one and all for their McCrorey, Jason Miller, Justin Moore, Jared church was organized in 1919 under the lead- service, sacrifice, and commitment to duty, Nymeyer, Jeremy Parker, Ross Sawyer, Kelly ership of the fast pastor, the late Reverend which has been to stand vigilant and strong Schaffer, Laurie Schalliol, Jim Schoeffler, Harris. While many ministers have served this while protecting the freedom that we enjoy. I Craig Searer, Sam Shafer, Nakia Simpson, church, none has meant more to the church also thank the families of those brave men Andrew Smole, Bryce Victor, Justin Watts, A J than the current pastor, Reverend R.C. Higgs. and women in uniform who will become our Willett, Ellen Wilson, Adam Yoder; Mello- Pastor Higgs has led Bethel Baptist Church for Nation’s most recent veterans upon their re- phone: Melanie Gingerich, Genni Housman, 43 years, over half of the years of the church’s turn. We will always remember the valor and Stephen Kauffman, Mike Kennel, Amy existence. service to America. Kronemyer, Kathy Lambright, Samantha Nagy,

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.018 E07PT1 November 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2279 Megan Shaw, Melissa Toby; Trombone: Sean don’t have a hospital, and they don’t have a veterans with a 40 percent or less disability Allison, Jeremy Crawford, Katie Dina, Derek long term care facility. But southern Nevada rating. But it isn’t just honoring the commit- Eller, Sean Emmons, Chad Hoien, Brandy does have one of the fastest growing veterans ments to our men and women who fought for Jackson, Steven Karanja, Brent Lehman, populations in the nation. this country, it is also about their families. Kevin Lipp, Veronica Meade, Betsy Ritchie, Because of this growth, the VA predicts that Whether it is income lost because of the Dis- Alec Sanderson, Brandon Schenk, Andrew the number of annual visits by veterans in the abled Veterans Tax or the financial burden a Stout, Kenneth White, Teneen Zimmer; Bari- Las Vegas Valley to their primary health care family faces when they lose their loved one. tone: Jeffrey Eads, Bryan Eichorst, John clinic will rise from 200,000 now to more than That is why I introduced legislation that Kauffman, Matthew Lanouette, Derek Lipp, half-a-million by the end of the decade. And would increase the benefits to cover veterans’ Ryan McCarty, Trenton Prieshoff, Robert the number of hospital beds needed to serve burial costs. Since 1973, when burial benefits Stout, Alan Tack, Paul Tucker; Tuba: Aaron the veterans in my community will increase by were enacted, these benefits have seriously Bowser, Jonathan Freel, Suzanne Holcomb, over 50 percent. eroded due to inflation. For example, in 1973, Jared Klingler, Brandon Long, Jeremy Rowe, The VA is already struggling to address and the burial allowance for veterans with service Andrew Trosper; Guitar: Jordan meet the current demands on the VA health connected injury covered 72 percent of funeral Swartzendruber, Matt Tompkins; Snare Drum: care structure in the Las Vegas Valley, and costs. Now, the benefit covers only 39 percent Lisa Bennett, Jennifer Bollero, Eric Rhude, these demands will only continue to grow. of the funeral costs. Nick Stubbs; Quad Drums: John Bibbee, Last year, 1500 southern Nevada veterans Our veterans’ families are forced to make George Wright; Bass Drum: Justin Miracle, were sent to neighboring states because we up the costs. And for a widow or widower Derek Richard, Michael Johnson, Susie could not provide the needed services locally. struggling with the loss of a loved one, this fi- Bower, Brandon Dascoli; Cymbals: Bryce This is an unfair burden on these veterans nancial strain can take a tremendous emo- Canen, April Mascola, Dustin McLain, Bryant and their families. They should not have to tional toll. Quist, Sarah Runswick; Percussion Pit: Cory travel hundreds of miles for care. Our veterans not only deserve better, they Allison, Amy Clark, Jonathan Faloon, Eric To make matters worse, the VA evacuated deserve the best we have to offer. It is time Foley, Matthew Schnaars, Andrew Stevens, the Guy Clinic—the Las Vegas Valley’s only for all Members of Congress to honor the Mark Wyrick; Color Guard: Elise Arvidson, ambulatory care clinic after only 5 years of commitments we made to those who fought Alicia Baer, Tiffany Baker, Mandy Beer, Karen service—forcing veterans to rely on a string of and are currently fighting around the world for Berndt, Ashley Bunch, Heather Dean, Hillary temporary clinics scattered across the commu- our nation. Support for our veterans is more Durie, Mikala Ellsworth, Ashley Faloon, Ashley nity. than rousing rhetoric on Veterans’ Day, it is Guerra, Olivia Guevara, Chrissy Hoover, Jes- Imagine what it is like for an 80-year-old doing what is fair and moral to fulfill our duties sica Hoover, Brittney Houston, DeAnna Jack- veteran waiting in the desert heat to be shut- and promises to them. son, Danielle Johnson, Leanne Johnson, Au- tled from clinic to clinic to receive the health f drey Lanning, Allison Matthews, Jessica care he needs. For example, a veteran may HONORING AFRICAN AMERICAN Meade, Amber Miller, Kourtney Mumaw, Kelly have to shuttle from a temporary site for a CT VETERANS Perkins, Jessica Scott, Tara Scott, Jill Shel- scan, then to another site to obtain a prescription for a controlled narcotic, and then to a don, Rachel Sirinek, Sierra Smith, Kristen SPEECH OF Weaver. third site for mental health services. I would also like to congratulate Director of And female veterans who need mammo- HON. DANNY K. DAVIS Music Max Jones, Associate Band Director grams will have to shuttle to a different clinic OF ILLINOIS Scott Spradling, Assistant Band Directors just for that service. IN THE HOUSE OF REPRESENTATIVES As one 81-year old World War II veteran de- Scott Spradling, April Duffey, Bryan Golden Thursday, November 6, 2003 and Steve Peterson, Dance & Color Guard in- scribed the situation, ‘‘You’re going from one structor Colleen Piekarz, Sound Technicians place to another and it gets confusing.’’ Don’t Mr. DAVIS of Illinois. Few people realize Aaron Ulrich and Scott Preheim, and Percus- our veterans deserve a permanent facility to that even before there was a Declaration of sion Specialist Amy Davis for developing an meet their health care needs? Independence or a Constitution, African-Amer- award-winning program. Shirley Dyer, Dianne In short, southern Nevada is facing a vet- icans could be counted among our most dedi- Jones, Matt Hall, Kelly Novy, and Katie erans health care crisis and my community is cated revolutionaries. In the fall of 1775, the Shoufler also deserve a note of thanks for not alone. But here in Washington, Repub- Continental Army tried to appease large land- helping make things run smoothly. licans have refused to provide an additional holders in the South by barring all slaves and Mr. Speaker, you have to admire the dedi- $1.8 billion for veterans health care this year. most freemen from enlisting or re-enlisting. cation of the students, instructors and parents. As a nation, we promised our veterans that But by the end of the year the war took a turn It takes a lot of long hours and hard work to we would meet their health care needs, but for the worse, and the order was rescinded. be a champion and the young men and we have not. We promised to provide them So on Christmas night, in 1776, African-Amer- women at Concord High School have proven with affordable housing and access to a col- ican soldiers made that famous crossing of the they have what it takes to be champions. lege education, but we have fallen far short. Delaware River with Washington to help him Again, on behalf of the citizens of the Sec- We have broken one promise after another to capture the Hessians at Trenton. All told, ond Congressional District, I would like to con- those who have put their lives on the line to some 5,000 African-Americans served for the gratulate the Concord Marching Minutemen on serve their country. Consider the Disabled cause of Independence, and their sacrifices their Class B state championship. We are all Veterans Tax. Under this unfair tax, disabled have been little remembered but should never proud of you. veterans who retire from the military lose one be forgotten. There has never been any war fought in- f dollar from their military retirement pay for every dollar they receive for a service con- volving America, whether in time of slavery or IN SUPPORT OF OUR NATION’S nected disability. freedom, segregation or integration, that Afri- VETERANS When a retired Marine Corps major from can Americans did not serve and become Nevada was diagnosed with Lou Gehrig’s dis- major contributors in serving their country. Af- HON. SHELLEY BERKLEY ease, he lost more than $2,000 in monthly re- rican American veterans have a long honor OF NEVADA tirement pay because of the Disabled Vet- roll in serving America. During World War II IN THE HOUSE OF REPRESENTATIVES erans Tax. To make up for that loss of in- more than one million African Americans in come, his wife had to work overtime just to uniform distinguished themselves as P–40 Friday, November 7, 2003 make ends meet at home. fighter pilots and Navy Seabees, Sherman Ms. BERKLEY. Mr. Speaker, I rise today in I support the Democratic plan that gives our tank drivers, orderlies and engineers. Let us strong support of our nation’s veterans. These veterans full payment of both retirement pay remember Dorie Miller, a steward aboard the brave men and women risked their lives for and disability pay. It is unconscionable that USS Arizona at Pearl Harbor, who saw his their country—for our country. We owe it to Republicans, who say they support our coun- captain fall wounded and pulled him to safety them to live up to all of the promises that we try’s veterans, still have not allowed Members and then despite the fire, he manned a ma- made when they entered the military. of this body to vote on ending the Disabled chine gun and downed several enemy planes. I go home every weekend, and I hear from Veterans Tax. At the Battle of the Bulge the men of the the veterans in my community. These vet- Instead they have offered a plan that will 3496th Truck Company hauled weapons, sol- erans don’t have a multi-specialty clinic; they take 10 years to enact and penalizes those diers and prisoners down roads that the rain

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.022 E07PT1 E2280 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2003 had turned into rivers of mud and ice. They misrepresentation. Mr. Speaker, the Korean sponse,’’ a system that is triggered by DNA unloaded their 2.5 ton trucks as mortars fell all War set the precedent that the United States damage. This system activates at least 40 around them. will not sit idle as aggressors invade and try genes that promote DNA repair and enhances Also, let us remember the Tuskegee Airmen to destroy another nation’s freedom. The Ko- individual and population survival. We now of World War II who overcame resentment, rean War is a war that cannot, and will not be know that humans and many other organisms suspicion and segregation to become the first forgotten. use the same kinds of DNA repair mecha- African-American fighter pilots, and time and Tomorrow in Athens, Alabama, Edward nisms. again they flew over 1,500 combat missions McMunn and the other members of the Ala- Witkin came to Douglass College in 1971 and never lost a single bomber under their es- bama Korean War Commemorative Com- and taught in the department of biology for 12 cort on bombing runs into Germany. When Af- mittee will unveil and dedicate a monument to years. She then spent eight years on the fac- rican Americans broke the color barrier in the honor the Alabama soldiers who died during ulty of the Waksman Institute of Microbiology Marine Corps, they went to the frontlines of the Korean War. The monument includes a until her retirement in 1991. Guam, Saipan, Iwo Jima and Okinawa. central marble stone memorial with an en- I congratulate Evelyn Witkin on her award, Although these are just a few instances of graved map of Korea that is surrounded by and I thank her for the contribution she has African Americans having courage, valor, four carved granite stones on pedestals bear- made to improve our society. bravery and commitment to the ideas in pre- ing the names of each soldier. f serving and fighting for freedom and justice for Mr. Speaker, tomorrow’s ceremony is a fit- all. We as a people have a long history of ting tribute to those that died in the defense of IN RECOGNITIOIN OF VETERANS’ achievement in defending and protecting freedom and democracy. On behalf of all the DAY 2004 America’s sovereignty. It was revealed in a residents of North Alabama, I commend Ed- few, even though many African Americans in ward McMunn, and all the members of the HON. E. CLAY SHAW, JR. earlier years were excluded from recognition Alabama Korean War Commemorative Com- OF FLORIDA due to pervasive racism, who received the mittee, for their hard work and dedication that IN THE HOUSE OF REPRESENTATIVES Congressional Medal of Honor. The Congres- made this monument become a reality. sional Medal of Honor was approved by Presi- Friday, November 7, 2003 f dent Lincoln on December 21, 1861 for the Mr. SHAW. Mr. Speaker, I rise today in rec- Navy and July 12, 1862 for the Army, it is the TRIBUTE TO EVELYN M. WITKIN ognition of Veterans’ Day. It is my honor to ac- highest American award for military valor. knowledge the men and women who have There were 23 Congressional Medals of HON. RUSH D. HOLT fought in the Armed Forces to protect the Honor awarded to African Americans for brav- OF NEW JERSEY United States from all enemies, foreign and ery and gallantry in the Civil War. Eight Med- IN THE HOUSE OF REPRESENTATIVES domestic. Observed on November 11, each als of Honor for Naval service recipients from year, Veteran’s Day is a national day of honor, 1865 to 1898, 17 Medals of Honor during the Friday, November 7, 2003 respect, and remembrance of the sacrifice of Western Campaigns, 6 Medals of Honor for Mr. HOLT. Mr. Speaker, today at the White the few to protect the freedoms of the many. the Spanish-American War, one Medal of House, Evelyn M. Witkin was awarded the Na- So today I rise with pride for America’s vet- Honor to Corporal Freddie Stowers of the tional Medal of Science Award, the nation’s erans, both past and present, and salute them 370th Infantry Regiment, 93rd Infantry Division highest science and engineering honor. for their service. which was awarded in 1991. Seven Medals of ‘‘The ideas and breakthroughs in funda- The year was 1918. On the eleventh hour, Honor for World War II African American vet- mental science and engineering by these ex- of the eleventh day, of the eleventh month, the erans who were not awarded until 1997, when traordinary pioneers have influenced thou- world was finally at peace after the bloody only one of seven—Vernon Baker—was still sands of other researchers,’’ said Rita Colwell, ending of WWI, the war to end all wars. Vet- alive (four of the seven were killed in action). director of the National Science Foundation eran’s Day was first established as a national Today, I commend all of our veterans who (NSF). ‘‘We now see the daily evidence of the holiday on May 13, 1938, twenty years after fought and loss their lives to defend our coun- tremendous advancements in technological the conclusion of the war, and was intended to try from the Revolutionary war of 1775 to capabilities, human health and vast new honor those who fought in WWI. Originally 1781, the War of 1812, Civil War 1861 to knowledge within our physical world due to called, ‘‘Armistice Day,’’ this holiday was in- 1865, Spanish-American War 1898, World these heroes of science we celebrate today,’’ tended to celebrate world peace and mutual War I 1917 to 1918, World War II 1941 to Colwell said. understanding among nations. Congress pro- 1945, Korean conflict 1950 to 1953, Vietnam The National Medal of Science, established claimed that all government buildings display conflict 1960 to 1972, Persian Gulf War 1991, by the 86th Congress in 1959 and adminis- the flag of the United States as well as ob- and our future veterans of the Iraq conflict. tered by the NSF, honors the impact of indi- serve the day in schools, churches, and all Thank you for your service. viduals on the present state of knowledge in other areas of public and private services. f the physical, biological, mathematical, engi- Although Armistice Day was intended to honor only those who fought in WWI, the TRIBUTE TO THE ALABAMA SOL- neering, social and behavioral sciences. Not events of the next two decades quickly DIERS WHO SERVED IN THE KO- including the 2002 recipients, the medal has changed the sentiments of Americans. In REAN WAR been awarded to 409 distinguished scientists and engineers, including three previous Rut- 1954, after WWII claimed the most lives and gers winners. machine power of any war in history, and fol- HON. ROBERT E. (BUD) CRAMER, JR. Witkin was largely responsible for creating lowing the conclusion of the Korean conflict, OF ALABAMA the field of DNA mutagenesis and DNA repair, the 83rd Congress struck out the words ‘‘Armi- IN THE HOUSE OF REPRESENTATIVES which focuses on how mutations, most of stice’’ and inserted ‘‘Veterans’’ in its stead. Friday, November 7, 2003 which are unhealthy, occur in DNA and how Thus, the national holiday observed on No- Mr. CRAMER. Mr. Speaker, I rise today to they may be corrected. Her work, which vember 11th would no longer honor just those recognize the soldiers from Alabama who an- furthered our understanding of the genetic re- veterans of WWI, but all veterans of all wars swered President Truman’s call to protect de- sponse to harmful environmental factors such and would hence be known as Veterans’ Day. mocracy and stop the spread of communist as radiation, has played an important role in Later that same year, President Eisenhower aggression across the globe. the biochemical sciences and in clinical radi- instituted a Veterans’ Day Committee, which Mr. Speaker, the Korean War was supposed ation therapy for cancer. would be chaired by the Administer of Vet- to be a short and a decisive victory for our sol- ‘‘I had no idea that anything like this was erans’ Affairs. This new committee, headed by diers. However, from 1950 to 1953, our coun- possible. I am very gratified by the award,’’ the Honorable Harvey V. Higley, would over- try was embattled in a bitter fight along the said Witkin. ‘‘That I was nominated by col- see all appointments and national planning 38th Parallel. All told, over 750 soldiers from leagues means a lot to me, having been in the around the holiday. Alabama perished during this conflict. How- field of genetics since the mid-1940’s.’’ The first major change to Veterans’ Day ever, when the fighting ceased and the guns Witkin’s investigations into DNA repair led to came on June 28, 1968, when Congress were finally silenced, South Korea remained a her discovery of genes that can heighten bac- passed the Uniforms Holiday bill. This bill free and democratic state. terial resistance to DNA-damaging agents. In sought to give the American people four, For many people, the Korean War is known 1973, while on the faculty of Rutgers’ Doug- three-day holidays during the year. Those holi- as the forgotten war. This is an unfortunate lass College, she defined the E. coli ‘‘SOS Re- days included, George Washington’s Birthday,

VerDate jul 14 2003 02:08 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.025 E07PT1 November 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2281 Memorial Day, Veterans’ Day, and Columbus from wildfires—whether they are frequent sea- for his three decades of commitment to con- Day, were all rearranged and moved to dif- sonal fires or the massive, historically destruc- servation issues. In 1973, Senator Henry ferent days. Most states refused to obey, how- tive fire we suffered last week. worked tirelessly to be certain that Radnor ever, and continued to recognize these holi- First, it is important for everyone to be clear Lake was named Tennessee’s first state nat- days on their original days. The first Veterans’ that the Cedar fire in San Diego County was ural area. He has continued to work to protect Day under this new law did not fall on Novem- initially and primarily fueled by the chaparral the lake and the funding necessary to support ber 11th as it previously had, but on October which covers the mesas and foothills of South- the protection of the natural area. 25th. ern California. Later, it also moved into our na- Senator Douglas Henry could be honored Realizing the importance of these holidays, tional forest lands, where many of the trees on this floor for any number of reasons. He especially Veterans’ Day, President Gerald had been affected by the beetle infestation. Ford signed Public Law 94–97 on September As I toured the Cedar Fire area in San has chaired the Finance committee of the 20, 1975. This law reversed the Uniforms Holi- Diego by helicopter, it was stunning to realize Tennessee senate for many years, he is a day law and moved Veterans’ Day back to its the speed with which the firestorm driven by staunch supporter for the rights of women and original date of November 11, starting in 1978. the Santa Ana winds overtook hundreds of children and has a deep interest in public pol- With the change back to November 11th, thousands of acres of our open lands, much of icy affecting them. He has served as chairman the history and honor of the holiday remains which are public not private lands. of the Southern Legislative conference and the intact and the memory of those that fought This fire was not about environmental laws Council of World Regions, the Law and Jus- and died in service of the United States in all- preventing logging that would have prevented tice Institute in Washington, DC. However, it is major conflicts is preserved forever. Regard- this fire. It was not about lack of roads that my pleasure to stand today and honor him, less of the day, Veterans’ Day continues to re- hindered fighting the fires. not only for these accomplishments but for the main one of the most respected and honored It was about the failure to prevent the build- commitment to preservation and conservation holidays of the year and always inspires the up of fuel by using authorized funding for re- that he has to his district and our state. nation to reflect. Today, there are many orga- moval of hazardous material which is adjacent nizations that sponsor a year-round tribute to to urban areas and the failure of the federal f veterans, such as the American Legion and government to supply funds to deal with the the Veterans of Foreign Wars. On Veterans’ pest infestations in these forests, as the Gov- HONORING BOULDER CITY LEND A Day, these groups raise money for charities in ernor requested last spring and FEMA de- HAND AND THE LATE ED AN- memory and honor of the wounded men and clined to do. DREWS women who have returned from war. While it may or may not be possible to find As we speak, the United States and indeed the best legislation and also meet the deadline the world are again at war. The war on ter- included in this bill, there are several basic HON. JON C. PORTER principles that must be in the final conference rorism reaches all corners of the globe and is OF NEVADA in no way uniquely American. The men and bill. Many of them are found in the bill just women who bravely fight for freedom in Iraq, passed by the Senate. IN THE HOUSE OF REPRESENTATIVES First, we must prioritize the protection for Afghanistan, and all other countries where Friday, November 7, 2003 freedom is opposed, deserve equal praise as urban areas. those who fought before them. Second, there must be significant money authorized for this purpose. While there may Mr. PORTER. Mr. Speaker, I rise today to Mr. Speaker, on Tuesday, November 11, honor Boulder City Lend A Hand and the late 2004, I, along with millions of fellow Ameri- be authorization in other bills for ‘‘such sums’’ as may be necessary to address hazardous Ed Andrews, one of Lend A Hand’s most ac- cans, will proudly honor those men and tive and well-known volunteers. Ed, originally women who have fought, and continue to fuel reduction, we in Congress have inad- equately appropriated these funds because from Los Angeles and a leader in the aviation fight, for our freedom. Our veterans made the industry, joined Boulder City Lend A Hand just ultimate sacrifice by placing themselves in they are not specified. Instead, the funds which have been allo- one year after its founding in 1989, and quick- harms way when they served our country to cated for treatment and prevention have been ly became Master of Ceremonies for their protect the liberty all humankind deserves. required to fight the fires that result from inad- events and a hard-working team member for May God bless our veterans and may He con- equate protection. Real funding must be clear- its primary mission, providing assistance to tinue to bless America. ly identified and available to begin the needed Senior Citizens in Boulder City. Ed was fa- f protection. It must not be based solely on the mous for his booming voice, which endeared APPOINTMENT OF CONFEREES ON sale of logged trees because so much of our him to all who knew him and quickly earned H.R. 1904, HEALTHY FOREST RES- land needing fuel reduction is covered with the respect of those who didn’t. TORATION ACT OF 2003 chaparral, which has no logging value. We Sadly, Ed Andrews passed away in March must also be sure that this legislation will con- of 2003, and is survived by his wife Nita, one SPEECH OF tinue to protect old growth timber. of the founders of Boulder City Lend A Hand, HON. SUSAN A. DAVIS I believe that the members of the commit- two daughters and three sons, and many tees going to conference can and will be able grandchildren. Ed will be missed by all who OF CALIFORNIA to fashion a conference report that can be a IN THE HOUSE OF REPRESENTATIVES knew him, especially those whom he served in model for returning this Congress to open, bi- Boulder City. Thursday, November 6, 2003 partisan, bicameral conferences that reach ap- Lend A Hand is a program designed to help Mrs. DAVIS of California. Mr. Speaker, I join propriate, compromise legislation. I look forward to this result. the elderly and chronically ill of Boulder City, my colleagues in support of the principle of Nevada remain in their homes by providing a f open conference committee meetings that are variety of services by volunteers. Services in- bipartisan as well as bicameral, as required in TRIBUTE TO TENNESSEE SENATOR clude staying with persons needing assistance H.R. 1904. It is past time that this body return DOUGLAS HENRY so that their caregivers can ‘take a break’ for to the basic principles of democracy in its own rest and relaxation or to attend to personal practices. business. Other services available are helping Yesterday, I had the privilege of leading the HON. MARSHA BLACKBURN OF TENNESSEE individuals by running errands, going shop- entire bipartisan House delegation from Cali- IN THE HOUSE OF REPRESENTATIVES ping, driving to medical appointments or by fornia and many members from other states in providing companion services in the home. honoring those firefighters and other public Friday, November 7, 2003 servants who worked so heroically to fight the Mrs. BLACKBURN. Mr. Speaker, today I I am pleased to be a supporter of Boulder devastating wildfires which we have just expe- rise to pay tribute to one of Nashville, Ten- City Lend A Hand, and to have had the oppor- rienced in Southern California. That was the nessee’s most beloved citizens. Through tunity to know Ed. I urge the House to join me time to focus solely on the celebration of many years of public service, he is building a in remembering Ed Andrews, thanking his wife human courage and sacrifice. legacy of selfless devotion to his state, his Nita for her service to the community, and Today, it is time to come together to find the home city and his state senate district. honoring Boulder City Lend A Hand for its best possible legislation that will finally focus Senator Douglas Henry is being honored commitment to meeting the needs of our sen- on how to protect our urban environments this weekend by the Friends of Radnor Lake iors.

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A07NO8.029 E07PT1 E2282 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2003 TRIBUTE TO EDWARD WITTEN One of Dr. Witten’s deepest mathematical The ICWA recognized that tribes have a insights arose from his glimpsing the relation parens patriae relationship to their children HON. RUSH D. HOLT between the physics of gauge theory and the that supersedes any like interest of the States. OF NEW JERSEY mathematics of knots. This work has led to a Accordingly, the law enhances the sovereign IN THE HOUSE OF REPRESENTATIVES revolution in mathematics, including the under- right of tribes to determine, under tribal law, standing of the classification of higher dimen- whether and under what circumstances chil- Friday, November 7, 2003 sional spaces. For this work, Dr. Witten be- dren require out-of-home placement. Concomi- Mr. HOLT. Mr. Speaker, today at the White came the only theoretical physicist ever to re- tantly, the law reduces and conditions the au- House, Edward Witten was awarded the Na- ceive the Fields Medal, the most prestigious thority of States in this regard by compelling tional Medal of Science Award, the nation’s award in pure mathematics. Conversely, Dr. an overarching commitment to preventing out- highest science and engineering honor. Witten was broadly responsible for the dem- of-home and out-of-tribe placement of Amer- The presidential medal is the nation’s high- onstration that algebraic geometry and topol- ican Indian and Alaska Native children. When, est honor for researchers who make major im- ogy, core disciplines of modern mathematics, as a last resort, placement occurs, the ICWA pacts in fields of science and engineering hold the key to understanding the deepest requires States to make every effort to return through career-long, ground-breaking achieve- properties of string theory and gauge field the- American Indian and Alaska Native children to ments. The medal, established by Congress in ory. their families and tribal communities. And, 1959, also recognizes contributions to innova- Dr. Witten is as clear and engaging a when that is not possible, the ICWA mandates tion, industry or education. speaker as he is a creative and powerful theo- that, except in unusual circumstances, these Edward Witten, the Charles Simonyi Pro- rist I find it especially commendable that he children are preferentially placed in tribal fessor of Physics at the Institute for Advanced also is an effective thinker and worker for homes. Study, received the award ‘‘for his leadership peace and social justice in the Middle East In the 25 years since enactment, the fulfill- role in advancing a broad range of topics in and the world. ment of ICWA’s purpose ‘‘to protect the best theoretical physics, including attempts to un- Dr. Witten, who has been on the Faculty of interest of American Indian and Alaska Native derstand the fundamental forces of nature the Institute for Advanced Study since 1987, is children’’ has been remarkable. Tribes have through string theory; and his unparalleled in- the recipient of a 1982 MacArthur Fellowship; acted forcefully to help keep families intact. spiration in using insights from physics to unify the 1985 Einstein Medal from the Einstein So- Because of the ICWA, many tribes and States apparently disparate mathematical areas.’’ ciety of Berne, Switzerland; the 1985 Dirac have developed significant cooperative rela- Professor Witten may be best known as the Medal from the International Center for Theo- tionships aimed at eliminating State child wel- world leader in ‘‘string theory,’’ an attempt by retical Physics; the 1990 Fields Medal; and fare practices harmful to American Indian and physicists to describe in one unified way all numerous other awards. He is a member of Alaska Native families and children and imple- the known forces of nature, as well as to un- the American Academy of Arts and Sciences, menting policies and practices targeted at derstand nature at the most basic level. The the National Academy of Sciences, a foreign maintaining the integrity of American Indian combination of the four fundamental forces member of the Royal Society, and an asso- and Alaska Native families and tribes. As a re- (electromagnetic, strong, weak, and gravita- ciate member of the Academy of Sciences of sult, ICWA’s promise to benefit the welfare of tional) in one theoretical framework was a goal Paris. Ed Witten is a good friend of mine, and American Indian and Alaska Native children sought, but unattained by Albert Einstein. The I am pleased to congratulate him on his has benefitted many thousands of these chil- concept underlying string theory is to replace award, and I thank him for the contribution he dren, enabling them to mature into functioning the usual point-like representation of funda- has made to improve our knowledge and un- and contributing citizens of their tribes and of mental particles with vanishingly small vibrat- derstanding. the Nation. ing strings. This resolves an incompatibility be- f Although the achievements of the ICWA are tween quantum mechanics and general rel- many and noteworthy, much remains to be ativity, which is the premier challenge of theo- 25TH ANNIVERSARY OF ENACT- done. Full and effective implementation of the retical physics. Dr. Witten’s original contribu- MENT OF INDIAN CHILD WEL- ICWA has not occurred either because of de- tions and incisive surveys have set the agen- FARE ACT liberate resistance, outright obstruction, igno- da for many developments, such as the rance of or inattentiveness to ICWA’s require- progress in ‘‘dualities,’’ which suggest that all HON. DON YOUNG ments, or just misunderstanding the relation- known string theories are related. OF ALASKA ship between the ICWA and the requirements Dr. Witten’s earliest papers produced ad- IN THE HOUSE OF REPRESENTATIVES vances in quantum chromodynamics (QCD), a of other federal child welfare laws. To address theory that describes the interactions among Friday, November 7, 2003 and remedy ICWA implementation problems of the fundamental particles (quarks and gluons) Mr. YOUNG of Alaska. Mr. Speaker, I rise most concern to tribes, I introduced H.R. 2750 that make up all nuclei. In particular, he solved today to note that tomorrow, on November 8, on July 15, 2003. This measure— the problem of expressing radioactive correc- 2003, will mark the 25th anniversary of enact- Clarifies that the ICWA applies to all Amer- tions arising from heavy particles in terms of ment of the Indian Child Welfare Act (ICWA). ican Indian and Alaska Native children in- effective light quarks. In other early work, he At a time when American Indian and Alaska volved in ‘‘child custody proceedings’’ (as de- understood how to combine properties of the Native tribes and families throughout the coun- fined in the ICWA) and defines the minimum Dirac equation with those of the Riemann cur- try were being ravaged by abusive child wel- efforts that must be undertaken to prevent the vature tensor, to get a new formula for the fare practices that caused untold thousands of breakup of an American Indian or Alaska Na- gravitational energy, and to give a new and di- American Indian and Alaska Native children to tive child’s family through involuntary out-of- rect proof of the positive energy theorem in be unnecessarily placed in foster homes, home placement. general relativity. He also discovered new so- adoptive homes and Bureau of Indian Affairs Requires detailed notice to American Indian lutions of the equations of C.N. Yang and (BIA) boarding schools, the 95th Congress and Alaska Native tribes in all voluntary child Robert Mills, and realized their importance for said no more and unanimously adopted the custody proceedings, to parents in voluntary physics. ICWA. I am proud to have been a member adoption proceedings, and to parents and Dr. Witten discovered many relations be- when that occurred—truly one of the finest tribes in all involuntary proceedings. tween ‘‘supersymmetric quantum theory’’ and moments in the history of Congress and in my Clarifies the right of American Indian and geometry. Supersymmetry lies at the basis of service. Alaska Native tribes to intervene in all vol- a picture of fundamental particles studied at The ICWA stands as perhaps the most im- untary state court custody proceedings, pro- the Fermilab Tevatron, and soon at the Large portant Indian law the Congress has enacted. vided that the tribe files a notice of intent to in- Hadron Collider under construction at CERN. For the first and only time, Congress explicitly tervene or a written objection within 45 days of Dr. Witten showed that a mathematical theory acknowledged that the trust responsibility of receiving notice of a voluntary termination of of Michael Atiyah and I.M. Singer parallels the United States extends to ‘‘protecting Amer- parental rights or within 100 days of receiving supersymmetry and plays a central role in par- ican Indian and Alaska Native children’’ and notice of a particular adoptive placement, and ticle physics. He applied this concept to the the integrity of Native American families and certifies that a child is a member, eligible for study of nonperturbative supersymmetry tribes, a sine qua non to this Nation’s commit- membership, or is the child of a member. breaking. He used this same concept to ment to securing the ‘‘continued existence and Requires notice to extended family mem- produce a new derivation of a fundamental integrity’’ of Indian tribes as both governments bers and recognizes their right to intervene in mathematical theory of Marston Morse. and societies. state child custody proceedings.

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.034 E07PT1 November 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2283 Requires attorneys, public and private agen- CONGRATULATING ROHAN SINGH as a city commissioner from the west side of cies to provide detailed information to Amer- AS STUDENT ENTREPRENEUR OF Daytona Beach for seven years. ican Indian and Alaska Native parents of their THE YEAR Experienced, fair, knowledgeable and firmly rights under ICWA. committed to public service, Yvonne Scarlett- Limits parents’ rights to withdraw consent to HON. JAY INSLEE Golden’s priority is to unite the City and im- an adoption to 6 months after relinquishment OF WASHINGTON prove the quality of life for every citizen, return fiscal responsibility to government, focus on of the child or 30 days after the filing of an IN THE HOUSE OF REPRESENTATIVES adoption petition, whichever is later. economic development and establish strong Friday, November 7, 2003 Clarifies tribal jurisdiction in Alaska. public and private partnerships for City pro- Facilitates the ability of tribes without res- Mr. INSLEE. Mr. Speaker, I rise today to grams. ervations, including tribes in Alaska and Okla- honor a special young man from my district, Commissioner Scarlett-Golden has been homa or with disestablished reservations, to Mr. Rohan Singh. honored as a role model to African Americans assume jurisdiction over child custody pro- It is my pleasure to announce that Rohan and women all over the nation. I know that all ceedings. has been named Junior Achievement’s 2003 my colleagues join with me in congratulating her today and wishing her every success in Narrows the grounds upon which state Student Entrepreneur of the Year. the future. courts can refuse to transfer cases to tribal Last year, Rohan used just $60 to establish courts. FuzzelFish.com, which sells software products f over the internet. Today, Rohan has a thriving Clarifies tribal court authority over children small business and I just want to take this op- INTRODUCTION OF THE BROWN transferred to tribal court jurisdiction. portunity to congratulate him and wish him TREE SNAKE CONTROL AND Defines the circumstances under which luck with his business and his studies. ERADICATION ACT state ICWA violations may be reviewed by I recently had the chance to meet Rohan in federal courts and provides for federal review my Washington, DC office. Let me tell you, he HON. MADELEINE Z. BORDALLO of state ICWA compliance. is an intelligent and upstanding young man OF GUAM Provides for criminal sanctions for anyone who, I’m sure, will have a very bright and pro- IN THE HOUSE OF REPRESENTATIVES who assists a person to lie about their Amer- ductive future. Friday, November 7, 2003 ican Indian and Alaska Native ancestry for the I also rise today to say that I am encour- purpose of avoiding application of the ICWA. aged to see that the entrepreneurial spirit is Ms. BORDALLO. Mr. Speaker, roughly a Allows state courts to enter enforceable or- alive and well among teens in the United half-century ago my home island of Guam was ders providing for visitation or contact between States. According to a recent poll by Junior invaded by an unwelcome alien pest. Believed tribes, natural parents, extended family and an Achievement and Harris Interactive, more to have arrived on Guam as a passive stow- adopted child. teens believe that ‘‘owning your own busi- away in a military cargo ship shortly after Extends ICWA (in some cases) to cover ness’’ provides greater job security than World War II, the brown tree snake has kept children of state recognized and Canadian In- ‘‘working for a company.’’ This, Mr. Speaker, our island’s native wild life under siege ever dian tribes, and children who reside or are is good news for the future of this great na- since and has emerged to become the single domiciled on a reservation and are the child of tion. greatest threat to Guam’s natural environment. a member, but who are not eligible for tribal In closing, I want to say again how proud I Today, I am introducing legislation along membership. am of Rohan Singh and believe that his story with my colleagues from Hawaii, Mr. CASE and Makes it easier to American Indian and should be an example to all young people that Mr. ABERCROMBIE, to combat the brown tree Alaska Native adoptees to gain access to their everyone can and should play a part in the snake by increasing authorized funding levels birth records. American Dream. for research, control and prevention of the spread of this species with the ultimate goal of Establishes that foster and adoptive homes f licensed or approved by American Indian and eradication in Guam. In doing so, the legisla- TRIBUTE TO THE HONORABLE Alaska Native tribes in compliance with the In- tion aims to improve the coordination among YVONNE SCARLETT-GOLDEN ON dian Child Protection and Family Violence Pre- Federal agencies and other institutions in HER ELECTION AS MAYOR OF vention Act shall satisfy the requirements for dealing with the problems brought about by THE CITY OF DAYTONA BEACH foster and adoptive home licensing under any the brown tree snake. other federal law. The Nonindigenous Aquatic Nuisance Pre- vention and Control Act of 1990, which estab- Clarifies that the terms of tribal-state agree- HON. KENDRICK B. MEEK lished a Federal program to prevent the intro- ments regarding the care and custody of and OF FLORIDA duction and spread of aquatic nuisance spe- jurisdiction over American Indian and Alaska IN THE HOUSE OF REPRESENTATIVES cies, included an authorization for pro- Native children shall be controlling even when Friday, November 7, 2003 grammatic efforts to combat the brown tree another federal law may have different re- Mr. MEEK of Florida. Mr. Speaker, it is my snake as well. Since then the Federal Govern- quirements. great privilege and pleasure to rise today to ment has gradually increased efforts to pre- On this 25th anniversary of the ICWA, I congratulate The Honorable Yvonne Scarlett- vent the brown tree snake from departing urge my colleagues to take another historic Golden, a dear personal and family friend, a Guam and to reduce the population of the step and enact H.R. 2750. Enactment would mentor, and the newly elected Mayor of the brown tree snake in certain targeted areas in assure that on ICWA’s 50th anniversary, City of Daytona Beach. Guam. Our legislation would enhance these American Indian and Alaska Native families Yesterday, November 4, 2003, Commis- efforts by improving the coordination and con- are strong, their children are healthy and their sioner Scarlett-Golden became Daytona sistency of actions undertaken by Federal communities are thriving. For the betterment Beach’s first black mayor and only the second agencies and by providing an adequate au- of our Nation and all of its people, our legacy woman in history to hold that position. thorized funding schedule to achieve the goal should be no less. Her elevation to the office of Mayor is a nat- of eradication. Our legislation clarifies the re- ural next step for a native of Daytona Beach sponsibility for funding brown tree snake pro- f who has devoted her entire life to public serv- grams and places that responsibility in the ap- PERSONAL EXPLANATION ice. Commissioner Scarlett-Golden wants to propriate Federal agencies. In the past the build on Daytona Beach’s existing assets: sun Department of the Interior’s Office of Insular and fun and families. She is just the person to Affairs has had to contribute funds meant for HON. ANNE M. NORTHUP do it, for her energy and hard work are leg- territorial technical assistance to the brown OF KENTUCKY endary. tree snake program in order to make up for IN THE HOUSE OF REPRESENTATIVES Yvonne Scarlett-Golden is an educator and shortfalls in other Federal agencies’ budgets. a community servant. She received her bach- While we appreciate the Office of Insular Af- Friday, November 7, 2003 elor’s degree and an Honorary Doctor of Law fair’s efforts in the past, it is preferable to se- Mrs. NORTHUP. Mr. Speaker, on rollcall from Bethune-Cookman College, and earned cure funding from those with direct responsi- Nos. 602 and 603, I was unavoidably de- her master’s degree from Boston University. bility and expertise for these issues. tained. Had I been present, I would have Before running for Mayor, she was a school Since 1993, Congress has attempted to ad- voted ‘‘aye.’’ administrator for twenty-five years and served dress the brown tree snake problem, but I

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.037 E07PT1 E2284 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2003 would contend, by indirect and inconsistent However, it is clear that unless we address resources from agencies actually conducting means. Currently, Federal funding to fight the this challenge with a long-term, coordinated, the work, and strengthen the coordination be- brown tree snake has remained stagnant over and comprehensive approach, Guam will con- tween federal and regional stakeholders in Ha- the past decade and has been realized, in ad- tinue to struggle with the adverse impacts of waii and the Pacific in a more systemic fash- dition to the contributions from the Office of In- the brown tree snake, and we in Hawaii will in- ion. sular Affairs, through the efforts of a Senate creasingly risk the introduction of the snake Among the authorized activities is the ex- Appropriations $1 million annual earmark in into our fragile environment. A total of eight pansion of science-based eradication and con- the Department of Defense Operations and brown tree snakes have been found live or trol programs in Guam; the expansion of inter- Maintenance account for the Defense Health dead in Hawaii since the mid-1980s. All have agency and intergovernmental rapid response Services. These funds have been the basis for been associated with the movement of civilian teams in Guam, the Commonwealth of the the progress made to date, but these appro- and military vehicles or cargo from Guam. Northern Mariana Islands, and Hawaii; the ex- priations funds are not specifically authorized, As background, the brown tree snake was pansion of science-based efforts to protect which has caused difficulty in securing the ap- accidently introduced into Guam in the late and restore native wildlife in Guam or else- propriation each year. In addition, as an ear- 1940s and 1950s, likely via U.S. military where damaged by the brown tree snake; con- mark, these efforts have been misinterpreted cargo, from an area in the Pacific where the tinuation and expansion of sustained research by interest groups opposed to such earmarks snakes are native. Unfortunately, because funding from the Animal and Plant Health In- and has at times been characterized as ‘‘pork’’ Guam had no natural predator but abundant spection Service, Wildlife Services, and Na- spending. prey, the brown tree snake population spread tional Wildlife Research Center; and the ex- If we do not adequately address these fund- throughout the island. pansion of long-term research into chemical ing shortfalls, significant brown tree snake Because the brown tree snake’s preferred and biological control techniques that could containment efforts may fail resulting in the prey is birds, it is directly responsible for the lead to large-scale reduction of brown tree spread of a very aggressive invasive species extinction of 9 of 13 native forest birds and 3 snake populations in Guam. to other areas of the United States. The brown of 12 native lizards on Guam. Economically, This legislation is a product of collaboration tree snake has caused severe environmental the snakes have caused more than 1600 between my office, the offices of Congress- damage on Guam, and our experience has power outages over a 20-year period in woman BORDALLO and Congressman been that once introduced, this species is ex- Guam, costing the island $4.5 million per year ABERCOMBIE, the Nature Conservancy in Ha- tremely difficult to eradicate. The environ- without considering their impact on trans- waii, and other key federal, state, and terri- mental cost in protecting other species in formers, and damages inside electrical sub- torial stakeholders in the region. other areas that may become endangered by stations. The disruptions affect all aspects of I look forward to working with my colleagues this alien predator is enormous, thus making everyday life in homes and work, as well as on this vital issue. the prevention of the spread of the brown tree for the government and the business commu- f snake an economic issue. This is a clear ex- nity. ample of a situation where an ounce of pre- In Hawaii, the brown tree snake represents PERSONAL EXPLANATION vention is worth a pound of cure. one of the greatest terrestrial ecological This bill is also notable for its emphasis on threats due to its potential impact on our en- HON. JIM DeMINT control and eradication. Guam has had the un- dangered bird species, which are found no- OF SOUTH CAROLINA fortunate experience of having the brown tree where else on earth. As a result of Hawaii’s IN THE HOUSE OF REPRESENTATIVES snake threaten the extinction of our own indig- geographical isolation and lush environment, Friday, November 7, 2003 enous species of birds. there were more than 140 endemic bird spe- I look forward to moving this bill through the cies in the islands prior to human contact. Mr. DEMINT. Mr. Speaker, I was absent legislative process. I thank my colleagues from Today, among the remaining 71 endemic during rollcall votes 569, 570, 571, 572, 573, Hawaii, Mr. CASE and Mr. ABERCROMBIE, for forms, 30 are federally listed as endangered, and 591. Had I been present, I would have their diligent work in crafting this legislation and fifteen of these are on the brink of extinc- voted ‘‘yea’’ on rollcall votes 569 and 570. I with me. I also wish to commend stakeholders tion. Any negative impact on our native bird would have voted ‘‘nay’’ on rollcall votes 571, in Guam and Hawaii, including the Govern- species in Hawaii will inevitably impact our na- 572, 573, and 591. ment of Guam’s Department of Agriculture, for tive flora as well. Hawaii has the highest f their valuable input. I urge my colleagues to known number of endemic terrestrial plants of support the Brown Tree Snake Control and any major island group. PERSONAL EXPLANATION Eradication Act. Economically, a University of Hawaii study f estimates that the introduction of the brown HON. DAN BURTON tree snake to Hawaii will cause between $28 OF INDIANA CONTROL AND ERADICATION ACT million and $450 million annually in electrical IN THE HOUSE OF REPRESENTATIVES OF 2003 power outages. This does not include the potential devastation to our agriculture industry. Friday, November 7, 2003 HON. ED CASE In Guam, the brown tree snake has contrib- Mr. BURTON of Indiana. Mr. Speaker, due OF HAWAII uted to the decline in production of the island’s to a scheduling conflict, I was unable to be in IN THE HOUSE OF REPRESENTATIVES agriculture industry, particularly the commer- Washington during rollcall votes 616–619. Had cial poultry industry, because the snakes eat I been here I would have voted ‘‘no’’ for rollcall Friday, November 7, 2003 eggs and chicks. The snake has also im- vote 616, ‘‘aye’’ for rollcall vote 617 and ‘‘no’’ Mr. CASE. Mr. Speaker, today I am pleased pacted the growing of fruits and vegetables for rollcall votes 618–619. to join with my colleague from Guam, Con- because insects that are no longer naturally f gresswoman MADELEINE Z. BORDALLO, and controlled by birds and lizards inflict increased Congressman NEIL ABERCROMBIE from Hawaii, damage on crops. TRIBUTE TO SAGINAW VALLEY to introduce the Brown Tree Snake Control To address the brown tree snake problem, STATE UNIVERSITY ON THE OC- and Eradication Act of 2003. a Brown Tree Snake Control Committee was CASION OF ITS FORTIETH ANNI- This legislation proposes a long-overdue established subsequent to provisions in the VERSARY comprehensive approach, through the Depart- Nonindigenous Aquatic Nuisance Prevention ments of Interior and Agriculture, to eradicate and Control Act of 1990. A multi-agency HON. BART STUPAK the brown tree snake in Guam and to prevent Memorandum of Agreement on Brown Tree OF MICHIGAN its introduction to affected jurisdictions in the Snake Control was also signed in 1992 and IN THE HOUSE OF REPRESENTATIVES Pacific, including my home state of Hawaii. renewed in 1999. However, it expires in March Friday, November 7, 2003 The devastating ecological, economic, and 2004. human health impacts of the brown tree snake The Brown Tree Snake Control and Eradi- Mr. STUPAK. Mr. Speaker, I rise today to have been long known among the affected ju- cation Act of 2003 will statutorily authorize the pay tribute to the mission and accomplish- risdictions in the Pacific and the federal, state, Brown Tree Snake Control and Eradication ments of Saginaw Valley State University in and territorial agencies charged with imple- Committee to ensure the ongoing activities of Saginaw County, Michigan as it celebrates menting brown tree snake preventative control federal agencies, enhance the effectiveness of forty years of educating students for a modern programs. the present Committee, provide the necessary world.

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.041 E07PT1 November 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2285 I can attest to the quality of the learning ex- [From the Washington Post, Oct. 16, 2003] of a uniquely evil regime in Iraq, a thunder- perience that Saginaw Valley State provides A KING’S APPEAL clap that is reverberating throughout the re- its students, because I received a bachelor’s (By Jim Hoagland) gion, and by the pressures of the shadow war being fought between global terrorists and degree from SVSU in criminal justice in 1977 Western democracies won the Cold War by the U.S.-led coalition. while I was a Michigan State Trooper. As a re- shaking open closed societies and exposing Mohammed VI’s speech makes clear that turning adult student who also worked full time their failures and crimes to citizens who he was not intimidated by the bombings in as a Trooper, it was particularly important to then refused to go on living that way. The his country last May carried out by Islamic me to have accomplished professors and to great political challenge of today is to in- fundamentalists tied to al Qaeda. Nor does duce similar change in Arab nations and be enrolled in classes that were academically he seem cowed by the reactionary religious other Islamic countries that do not respect establishments that have contributed so challenging but also geared to practical ac- the rights and dignity of their own citizens. complishment in the real world. much to the backwardness and turmoil now Think of it as collateral repair: The com- evident in Islamic nations. SVSU was chartered as a private college on ing wave of epochal change must also be An effective reform movement is straining November 13, 1963. In 1965 it was made part driven by internal forces, with restrained but to be born. In the same week the Moroccan of Michigan’s system of state supported col- committed support from abroad. The ulti- king spoke, the Nobel Committee awarded leges. The first class of ten students grad- mate goal is reform within Islam conceived the 2003 peace prize to Shirin Ebadi, an Ira- uated in 1966. and carried out by Muslim leaders, scholars nian lawyer who leads the fight in her coun- and civic groups, substantively welcomed by That small but dedicated graduating class try for women’s rights and democracy—two the West. causes that cannot be separated in the Is- led the way for student enrollment that had And that reform must begin with the role lamic world. This is a good example of col- grown to more than 8,000 students by the end and rights of women in the Islamic world. A lateral repair: restrained but focused West- of the millennium. International students by the question posed last week in as important a ern encouragement of reform. hundreds now walk the campus. speech as I have read recently makes that Mohammed VI provides a standard to SVSU is known for its programs in teacher unblinkingly clear: which Arabs, Iranians, Pakistanis and others ‘‘How can society achieve progress while can and should be held. They are not being education, an engineering program that is women, who represent half the nation, see well-recognized in the area’s automotive serv- asked to live up to Western standards by im- their rights violated and suffer as a result of proving the opportunities and lives of ing industries, programs in nursing and allied injustice, violence and marginalization, not- ‘‘their’’ women. This is a descendant of the health sciences, business administration and withstanding the dignity and justice granted prophet, not Gloria Steinem, who is telling the humanities, to name just some of the uni- them by our glorious religion?’’ them that they must change or fall ever versity’s successful curriculum efforts. The irrefutable logic about the high cost of deeper into self-destructive decline. In the past ten years, the university campus institutionalized gender discrimination was voiced by Morocco’s King Mohammed VI last f has grown by leaps and bounds, adding Friday at the opening of Parliament in Founders Hall and the West Complex with its VETERANS DAY 2003 50TH Rabat. He then outlined far-reaching ANNIVERSARY Performing Arts Center, Rhea Miller Recital changes in family and divorce laws for the Hall, Groening Commons, new classrooms kingdom that would effectively lessen the and faculty offices, as well as conference fa- intrusive reach of religious authorities into HON. CORRINE BROWN cilities. Curtiss Hall, the new Herbert Dow gender issues. OF FLORIDA Doan Science Building and the Student Center I am aware that speeches are given in the IN THE HOUSE OF REPRESENTATIVES and Fitness Center were all completed. A Re- Arab world, as well as in Washington, to postpone or avoid the actions they describe. Friday, November 7, 2003 gional Education Center, the Zahnow Library And in fairness to the globe’s 1.2 billion Mus- Ms. CORRINE BROWN of Florida. Mr. addition, additions to the Marshal M. Fred- lims, it has to be noted that all religions Speaker, I am pleased to support of America’s ericks Sculpture Museum and to student hous- have been used at some point as a tool of 25 million living veterans. Our soldiers, sailors, ing also were dedicated in 2003. control by unscrupulous political and reli- airmen, and Marines are surely the best of the It would be understandable if the faculty, gious leaders, and misogynists of all stripes—as Islam is used today far too often. best. staff, students, alumni and supporters of Sagi- More than 48 million heroic men and naw Valley State University took a moment to But Mohammed VI outlined highly specific remedies and committed both his religious women have served in our military since the rest on their laurels, but my understanding is and political authority to getting them en- start of the Republic. Veterans have served that all of the new facilities and programs are acted. And he repeatedly invoked the lan- this great Nation honorably during times of instead powerful motivation for the SVSU guage of the Koran to denounce the unfair- peace, and of war. It is appropriate that we set learning community to continue to grow and to ness of polygamy, marriage contracts, aside one special day a year to honor their seek excellence in all its endeavors. guardianships and divorce laws as they are practiced in his country and by implication service. However, we must not reserve this I heartily congratulate everyone involved in day for remembrance and then forget our vet- the dramatic success of Saginaw Valley State elsewhere in the Muslim world. As befits a 40-year-old monarch whose fol- erans the other 364 days a year. Daily, we University. As an alumnus of SVSU, I take lowers call him ‘‘the Commander of the owe veterans our heartfelt gratitude and re- personal pride and pleasure in its forty years Faithful’’ and who claims descent from the spect. of achievement. prophet Muhammad, the king argued that As the Congresswoman representing Flor- Mr. Speaker, I ask that you and my col- solutions can and should be found in Islam. ida’s third district, I am proud of the patriotism leagues join me in offering congratulations to But his words also implicitly acknowledged and loyalty that the people of Florida have Saginaw Valley State University on its fortieth that Islam has been deformed into an instru- shown to this Nation—it inspires me daily as anniversary. ment of repression in much of the Arab world and elsewhere. a senior member of the House Committee on Consider this: Two-thirds of all illiterate Veterans Affairs. There are nearly two million f Arab adults are women, who are kept out of veterans in the state of Florida, and I thank MOROCCAN KING COMMENDED FOR schools by custom, lack of resources and, in them each for answering the call to service. many places, by determined opposition from At this time, more than any other, we should HIS CALL FOR WOMEN’S EQUAL- religious authorities. The Moroccan king ITY stop and pay homage to America’s veterans. took aim at a sickness that deprives many Today’s servicemember is tomorrow’s veteran. Islamic societies of the talents and produc- Right now, there are 130,000 Americans serv- tive labor of half their populations. HON. ROSA L. DeLAURO Morocco perches on the North African At- ing in Operation Iraqi Freedom. On Thursday, OF CONNECTICUT lantic shoulder of the Arab world. The imme- the Administration announced a plan that IN THE HOUSE OF REPRESENTATIVES diate, direct consequences of Mohammed would send 128,000 fresh troops to Iraq early VI’s words in Egypt, Saudi Arabia and else- next year. This plan calls-up 43,000 National Friday, November 7, 2003 where may be slight. (They went largely un- Guard and Reserve troops for one-year tours. Ms. DELAURO. Mr. Speaker, I would like to reported in the United States as well.) But We need to promise these servicemembers call your attention to the following column the king’s embrace of this cause represents that they will not be forgotten when they return which ran in the Washington Post last month. both catalyst and reflection of broader change that is rapidly bearing down on the home. Women’s rights are a critical component of region. Congress needs to take action and fully any nation’s development, and I commend It is part generational change as aging fund concurrent receipt for the 560,000 eligible Morocco’s King Mohammed VI for his call to autocrats give way to younger leaders. veterans. It is the right thing to do. We must improve the status of women in his nation. Change is also being stirred by the deposing promise this generation of career service

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.047 E07PT1 E2286 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2003 members that they will be treated on par with As the first women in history trained to fly thority to fund the first phase of the rec- other federal employees in the event that they American military aircraft, the WASP shattered ommendations from the Chiloquin dam study, become disabled. A recent study, undertaken traditional conceptions about women’s roles a critical effort in the Klamath Basin of south- by the United States House of Representa- and became pioneers, heroes, and role modern Oregon to improve endangered sucker fish tives Committee on Government Reform, els for generations of women to come. habitat and lighten the burden on agriculture. shows that the Disabled Veterans Tax affects They compiled an admirable record, per- I also want to extend my sincere appreciation approximately 57,300, or one in three, vet- forming essential services that freed males for to the Chairman for funding PILT at erans in Florida. 2,738 veterans are affected combat-related service overseas, but their ac- $227,500,000—one of its highest levels ever. by this tax in the third district of Florida. State- complishments did not come without a cost. While it is not the fully authorized level of wide, Florida’s veterans lose $300 million in Thirty-eight members of the WASP made the $360 million that I have been a staunch advo- benefits annually to the Disabled Veterans ultimate sacrifice and lost their lives in the cate for, it’s much better than it has been in Tax. In Florida’s third district, veterans cumu- course of their service. the past and the good Chairman and his top- latively lose $13,923,588 in benefits a year— Although these women had answered the notch staff are to thank for this. Finally, I want with an average loss of $5,085 per veteran call to duty at America’s time of greatest need, to commend the Chairman for his work in get- annually. when the WASP were disbanded on Decem- ting $400 million included in the conference The Bush Administration argues that there ber 20, 1944, they received no GI benefits or report to replenish the exhausted fire suppres- is a cost barrier to fully funding concurrent re- military honors. sion accounts of the BLM and Forest Service, ceipt. This argument shows where the Admin- America tried to forget them, leaving them and I commend him for including almost $2.5 istration’s priorities are misplaced. If we can with only their personal satisfaction that they billion to implement the National fire plan next come up with an $87.5 billion supplemental had done their duty. year. These are significant accomplishments appropriation for the war in Iraq, then we can Congress finally corrected this wrong in and I have enthusiastically supported them. surely find the money to bring our Nation’s 1977 when it formally recognized the service However, even with the inclusion of all military retirees on par with the rest of federal of members of the WASP as active military these excellent provisions, I reluctantly must employees. We cannot say that we have service, making them eligible for veterans ben- vote against the conference report because of enough money to fight wars, but not enough efits. the language included that undermines the ef- to compensate the servicemembers injured in As we watch women serving bravely in the forts of my friend from California, the Chair- them. War Against Terror, it is safe to say that the man of the Resources Committee, to find a This year’s budget process shows why we future of women in the military seems as- legislative solution to the complicated problem need mandatory funding for VA health care. sured. But it is important to remember that this of tribal trust accounting. The language added The funding system for veterans’ health care was not always the case. to the conference report would interrupt the is seriously flawed. Instead of being based on It is not an exaggeration that we owe a big Department of the Interior’s conduct of its his- need or costs like other federal health pro- part of the freedom we enjoy today to these torical accounting of individual Indian trust grams it is funded based on residual funding women pilots. Their love of country and love fund accounts, which is mandated by federal for discretionary programs. Veterans are pay- of flying is something for which we will always court order in Cobell v. Norton. The language ing for this defective funding system with cur- be grateful. would suspend any such accounting until ei- tailment in enrollment in the VA health care At this time I would like to thank the thirty- ther December 31, 2004 or until Congress re- system, newly proposed copayments and en- eight who gave their lives. Let us remember vised the American Indian Trust Management rollment fees, and increased waiting times. VA Jane Champlin, Susan Clark, Margie L. Davis, Reform Act to limit this forensic accounting ac- does well with the funding it receives, but with Katherine Dussaq, Marjorie D. Edwards, Eliza- tivity. The added language not only interferes with a court-required accounting for hundreds a stable and reliable funding stream, it could beth Erickson. Cornelia Fort, Frances Grimes, of thousands of Native Americans, but also provide better access to high-quality care for Mary Hartson, Mary H. Howson, Edith Keene, seeks to force a potentially hasty decision on our veterans. Kathryn B. Lawrence, Hazel Ying Lee, Paula an exceptionally complex issue and overlooks It appears that the House will agree to the Loop, Alice Lovejoy, Lea Ola McDonald, an agreement reached between Chairman Senate’s provision that will provide a $1.3 bil- Peggy Martin, Marie N. Michell, Virginia POMBO and Chairman TAYLOR during House lion increase above the Administration’s budg- Moffatt, Beverly Moses, Dorothy Nichols, floor consideration of this bill in July. That et request. However, it will still fall short of the Jeanne L. Norbeck, Margaret Oldenburg, agreement stated that settlement of the Cobell 2004 funding level that was promised in the Mabel Rawlinson, Gleanna Roberts, Betty matter would be left to Chairman POMBO’s Re- budget resolution. Veterans should not have to Scott, Margaret J. Seip, Helen J. Severson, sources Committee to resolve, the proper au- come begging at our doors for adequate fund- Marie Sharon, Evelyn Sharp, Betty P. Stine, thorizing committee venue. Unfortunately, the ing of the VA health care system. Marion Toevs, Gertrude Tompkins, Mary conference report language does not comport Today, and everyday, we should honor Trebing, Bonnie Jean Welz, Betty T. Wood, with that agreement, and so I will reluctantly those who have worn this Nation’s uniform. I and Mary L. Webster. vote against this bill in its current form. I am thank them and will continue to work to fulfill In these dangerous times, their courage is hopeful that this provision can successfully be Abraham Lincoln’s pledge, ‘‘to care for him an inspiration for all Americans. I encourage everyone to learn more about the history of resolved in the correct legislative forum, and who shall have borne the battle, and for his that the many other outstanding provisions of the service of these courageous women. widow and orphans.’’ the Interior Appropriations bill developed under f f the fine leadership of Chairman TAYLOR re- HONORING WOMEN AIRFORCE CONFERENCE REPORT H.R. 2691, main intact. SERVICE PILOTS DEPARTMENT OF THE INTERIOR f AND RELATED AGENCIES APPRO- TRIBUTE TO THE COLORADO PRIATIONS ACT, 2004 HON. STEVE ISRAEL TRIAL LAWYERS ASSOCIATION OF NEW YORK SPEECH OF IN THE HOUSE OF REPRESENTATIVES HON. DIANA DeGETTE Friday, November 7, 2003 HON. GREG WALDEN OF COLORADO OF OREGON IN THE HOUSE OF REPRESENTATIVES Mr. ISRAEL. Mr. Speaker, As Veterans’ day IN THE HOUSE OF REPRESENTATIVES approaches, I want to take the time to recog- Friday, November 7, 2003 nize the patriotism and sacrifice of a special Thursday, October 30, 2003 Ms. DEGETTE. Mr. Speaker, I would like to group of women. I rise today to honor and rec- Mr. WALDEN of Oregon. Mr. Speaker, I re- recognize the exceptional endeavors and no- ognize servicewomen who served as Women grettably come to the floor in opposition to the table undertakings of an extraordinary profes- Airforce Service Pilots (WASP) during the Interior conference report that my friend from sional membership organization in the State of Second World War. North Carolina and the Chairman of the Sub- Colorado. It is both fitting and proper that we The generation that defeated the Nazis has committee, Mr. TAYLOR, worked so hard in recognize this outstanding association for its correctly been referred to as the ‘‘Greatest putting together. There are many things in this leadership in government and the legal com- Generation.’’ But for many years, the contribu- conference report for which I’m very grateful. munity and for its enduring service to the peo- tions of this select group of young women pi- I’m grateful to the Chairman for working with ple of our state. It is to commend this distin- lots were overlooked. me to give the Bureau of Indian Affairs the au- guished organization that I rise to honor the

VerDate jul 14 2003 01:55 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.052 E07PT1 November 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2287 Colorado Trial Lawyers Association on the oc- ment to protecting the health, safety and wel- service through its outstanding legal education casion of its 50th Anniversary. fare of Colorado consumers. It has been ac- programs by providing state-of-the-art instruc- The Colorado Trial Lawyers Association tive in educating the public concerning the effi- tion concerning law, ethics and professional (CTLA) has been on the front lines of progress cacy of individual rights and the pivotal role of conduct for members and non-members alike. since its inception and has proven to be a the trial lawyer in protecting those rights. CTLA has demonstrated an unwavering com- powerful force in transforming the legal land- CTLA has recognized, and continues to recog- mitment to those in need. Countless members scape of our state. CTLA’s statement of pur- nize, that it has a public trust of considerable pose merits mention. ‘‘The Colorado Trial magnitude. Through its legislative advocacy, have provided pro-bono legal aid, including Lawyers Association is comprised of Colorado CTLA has provided vital information and in- free legal assistance to the victims of the ter- trial lawyers who are committed to the protec- valuable counsel to Members of the Colorado rorist attacks of September 11th through the tion and advancement of individuals rights and General Assembly and the United States Con- Trial Lawyers Care Program. My membership to the advancement of trial advocacy skills, gress on issues that protect consumers and in CTLA has had a profound impact on my ca- high ethical standards and professionalism in impact our civil justice system. Due in no reer in the practice of law and public service. the ongoing effort to preserve and improve the small part to CTLA’s advocacy, many detri- Please join me in commending the Colorado American system of jurisprudence.’’ Within this mental legislative proposals have been de- Trial Lawyers Association on the occasion of unequivocal statement lies the touchstone that feated, particularly those that would have pre- has guided CTLA’s work with government and vented or hindered access to the courts for re- its 50th Anniversary. It is leadership, advocacy its immeasurable contribution to the legal pro- dress of grievances. and commitment of the Colorado Trial Law- fession in Colorado. Trial advocacy is facing considerable yers Association that continually enhances our For the last half-century, CTLA and its change, technological and otherwise. CTLA lives and builds a better future for all Ameri- members have been resolute in their commit- has given the legal profession inestimable cans.

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HIGHLIGHTS Senate passed H.J. Res. 76, Continuing Appropriations. House agreed to the conference report on H.R. 1588, National Defense Authorization for FY 2004. Senate respect to the eligibility of certain countries for Chamber Action United States military assistance. Page S14270 Routine Proceedings, pages S14227–S14283 Measures Passed: Measures Introduced: Two bills and two resolu- Continuing Appropriations: Senate passed H.J. tions were introduced, as follows: S. 1839–1840, S. Res. 76, making further continuing appropriations Res. 263, and S. Con. Res. 79. Page S14271 for the fiscal year 2004, clearing the measure for the Measures Reported: President. Page S14228 Report to accompany S.J. Res. 1, proposing an Blackwater National Wildlife Refuge Expansion amendment to the Constitution of the United States Act: Senate passed H.R. 274, to authorize the Sec- to protect the rights of crime victims. (S. Rept. No. retary of the Interior to acquire the property in Cecil 108–191) County, Maryland, known as Garrett Island for in- S. 1637, to amend the Internal Revenue Code of clusion in the Blackwater National Wildlife Refuge, 1986 to comply with the World Trade Organization clearing the measure for the President. Page S14279 rulings on the FSC/ETI benefit in a manner that Internet Tax Non-Discrimination Act: Senate preserves jobs and production activities in the continued consideration of S. 150, to make perma- United States, to reform and simplify the inter- nent the moratorium on taxes on Internet access and national taxation rules of the United States, with an multiple and discriminatory taxes on electronic com- amendment in the nature of a substitute. (S. Rept. merce imposed by the Internet Tax Freedom Act, No. 108–192) taking action on the following amendments proposed S. Res. 237, welcoming the public apologies thereto: Pages S14228–44 issued by the President of Serbia and Montenegro Pending: and the President of the Republic of Croatia and McCain Amendment No. 2136, in the nature of urging other leaders in the region to perform similar a substitute. Pages S14228–38 concrete acts of reconciliation. Stabenow Amendment No. 2141 (to Amendment S. Res. 256, observing the 50th anniversary of the No. 2136), to express the sense of the Senate that Mutual Defense Treaty between the United States the White House and all Executive Branch agencies and the Republic of Korea, affirming the deep co- should respond promptly and completely to all re- operation and friendship between the people of the quests by Members of Congress of both parties for United States and the people of the Republic of information about public expenditures. Korea, and thanking the Republic of Korea for its Pages S14238–44 contributions to the global war on terrorism and to Commerce/Justice/State/The Judiciary Appro- the stabilization and reconstruction of Afghanistan priations Act—Agreement: A unanimous-consent and Iraq. agreement was reached providing that at 1 p.m., on S. Res. 258, expressing the sense of the Senate on Monday, November 10, 2003, Senate will begin con- the arrest of Mikhail B. Khodorkovsky by the Rus- sideration of H.R. 2799, making appropriations for sian Federation. the Departments of Commerce, Justice, and State, S. 1317, to amend the American Servicemember’s the Judiciary, and related agencies for the fiscal year Protection Act of 2002 to provide clarification with ending September 30, 2004. Page S14244 D1252

VerDate jul 14 2003 07:00 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO3.REC D07NO3 November 7, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1253 Animal Drug User Fee Act: Senate concurred in J. Robinson West, of the District of Columbia, to the amendment of the House to S. 313, to amend be a Member of the Board of Directors of the United the Federal Food, Drug, and Cosmetic Act to estab- States Institute of Peace for a term expiring January lish a program of fees relating to animal drugs, 19, 2007. Page S14283 clearing the measure. Pages S14279–82 Messages From the House: Page S14269 Executive Session—Agreement: A unanimous-consent agreement was reached providing that during an Measures Referred: Page S14269 executive session on Wednesday, November 12, Measures Placed on Calendar: Page S14269 2003, each hour beginning on the hour of executive Additional Cosponsors: Page S14271 session be equally divided between the Majority Leader and the Democratic Leader, or their des- Executive Communications: Pages S14269–70 ignees; and that any time not used by either side Executive Reports of Committees: Page S14270 during the designated hour be given to the other Statements on Introduced Bills/Resolutions: side of the aisle. Pages S14282–83 Pages S14271–78 Nominations Confirmed: Senate confirmed the following nominations: Additional Statements: Pages S14268–69 Joseph Timothy Kelliher, of the District of Co- Amendments Submitted: Page S14278 lumbia, to be a Member of the Federal Energy Reg- Notices of Hearings: Pages S14278–79 ulatory Commission for the term expiring June 30, 2007. Authority for Committees to Meet: Page S14279 Suedeen G. Kelly, of New Mexico, to be a Mem- Privilege of the Floor: Page S14279 ber of the Federal Energy Regulatory Commission Adjournment: Senate met at 9:30 a.m., and ad- for the remainder of the term expiring June 30, journed at 3:55 p.m., until 1 p.m., on Monday, No- 2004. Page S14283 vember 10, 2003. (For Senate’s program, see the re- Nominations Received: Senate received the fol- marks of the Majority Leader in today’s Record on lowing nominations: page S14283.) Kiron Kanina Skinner, of Pennsylvania, to be a Member of the National Security Education Board for a term of four years. Committee Meetings Steven J. Law, of the District of Columbia, to be Deputy Secretary of Labor. No committee meetings were held. House of Representatives Speaker: Read a letter from the Speaker wherein he Chamber Action appointed Representative LaTourette to act as Speak- Measures Introduced: 9 public bills, H.R. er Pro Tempore for today. Page H10981 3476–3484; and 1 resolution, H. Con. Res. 323, National Defense Reauthorization Conference were introduced. Page H11133 Report: The House agreed to the conference report Additional Cosponsors: Pages H11133–34 on H.R. 1588, to authorize appropriations for fiscal Reports Filed: Reports were filed today as follows: year 2004 for military activities of the Department H.R. 3209, to amend the Reclamation Project of Defense, for military construction, and for defense Authorization Act of 1972 to clarify the acreage for activities of the Department of Energy, to prescribe which the North Loup division is authorized to pro- personnel strengths for such fiscal year for the vide irrigation water under the Missouri River Basin Armed Forces by a yea-and-nay vote of 362 yeas to project (H. Rept. 108–356); and 40 nays with two voting ‘‘present’’, Roll No. 617, Conference report on H.R. 2754, making appro- after rejecting the Marshall motion to recommit the priations for energy and water development for the bill to the conference committee with instructions to fiscal year ending September 30, 2004 (H. Rept. include provisions that maximize the number of persons eligible for full concurrent receipt of military 108–357). Pages H11010–H11118, H11132 retired pay and veterans disability compensation by a yea-and-nay vote of 188 yeas to 217 nays, Roll No. 616. Pages H10982–H11008

VerDate jul 14 2003 07:00 Nov 09, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO3.REC D07NO3 D1254 CONGRESSIONAL RECORD — DAILY DIGEST November 7, 2003 Agreed to H. Res. 437, the rule providing for economic growth, after receiving testimony from consideration of the conference report, by a voice Kathleen P. Utgoff, Commissioner, Bureau of Labor vote. Statistics, Department of Labor. Energy Policy Act of 2003—Motion to Instruct Conferees: The House rejected the Filner motion to ENERGY AND WATER DEVELOPMENT instruct conferees on H.R. 6, to enhance energy con- APPROPRIATIONS ACT servation and research and development, to provide Conferees agreed to file a conference report on the dif- for security and diversity in the energy supply for ferences between the Senate and House passed the American people, by a yea-and-nay vote of 188 versions of H.R. 2754, making appropriations for yeas to 210 nays, Roll No.618. Pages H11008–09 energy and water development for the fiscal year Medicare Prescription Drug and Modernization ending September 30, 2004. Act of 2003—Motion to Instruct Conferees: The f House rejected the Cardoza motion to instruct conferees on H.R. 1, to amend title XVIII of the Social NEW PUBLIC LAWS Security Act to provide for a voluntary prescription (For last listing of Public Laws, see DAILY DIGEST, p. D1249) drug benefit under the Medicare program and to H.R. 3289, making emergency supplemental ap- strengthen and improve the Medicare program, by a propriations for defense and for the reconstruction of yea-and-nay vote of 184 yeas to 207 nays, Roll No. Iraq and Afghanistan for the fiscal year ending Sep- 619. Pages H11009–10 tember 30, 2004. Signed on November 6, 2003. Meeting Hour: Agreed that when the House ad- (Public Law 108–106). journ today, it adjourn to meet at noon on Monday, f November 10, and further that when it adjourn on that day, it adjourn to meet at 2 p.m. on Wednes- CONGRESSIONAL PROGRAM AHEAD day, November 12. Page H11121 Week of November 10 through November 15, Calendar Wednesday: Agreed to dispense with the 2003 Calendar Wednesday business of Wednesday, No- Senate Chamber vember 12. Page H11121 Official Objectors for the 108th Congress: On be- On Monday at 1 p.m., Senate will begin consider- half of the Majority and Minority leadership, the ation of H.R. 2799, Commerce, Justice, State, and Chair announced the following Official Objectors for The Judiciary Appropriations Act. the Private Calendar for the 108th Congress: Rep- On Wednesday, Senate will proceed to Executive resentatives Coble, Chabot, and Blackburn for the Session to begin debate on judicial nominations. Majority and Representatives Boucher, Schiff and During the balance of the week, Senate is expected to resume consideration of S. 150, Internet Grijalva for the Minority. Pages H11121–22 Tax Non-discrimination Act, and may consider any Senate Message: Messages received from the Senate other cleared legislative and executive business, in- today appear on pages H11118-19. cluding appropriation bills, conference reports and Senate Referrals: S. 1066 and S. 1663 were referred certain nominations, when available. to the Committee on Resources; S. 1643 was referred Senate Committees to the Committees on Resources and Financial Serv- ices. Page H11130 (Committee meetings are open unless otherwise indicated) Adjournment: The House met at 9 a.m. and ad- Committee on Armed Services: November 12, Sub- committee on Strategic Forces, to hold hearings to exam- journed at 1:53 p.m. ine space acquisition policies and processes, 10 a.m., SR–222. Committee Meetings November 13, Full Committee, to hold hearings to ex- No committee meetings were held. amine current Army issues, 9:30 a.m., SH–216. Committee on Banking, Housing, and Urban Affairs: No- vember 12, Subcommittee on Securities and Investment, Joint Meetings to hold hearings to examine the Financial Accounting OCTOBER EMPLOYMENT Standards Board and small business growth, 2 p.m., SD–538. Joint Economic Committee: Committee concluded a November 13, Full Committee, to resume hearings to hearing to examine the current employment-unem- examine proposals for improving the regulation of the ployment situation for October 2003, focusing on Housing Government Sponsored Enterprises, 10 a.m., nonfarm payroll employment, and productivity and SD–538.

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Committee on Commerce, Science, and Transportation: No- such policies, forms, and agreements conform with certain vember 12, to hold hearings to examine state use of to- disclosure protections, provide certain authority for the bacco settlement funds, 9:30 a.m., SR–253. Special Counsel, 2 p.m., SD–342. November 12, Full Committee, business meeting, to November 13, Full Committee, to hold hearings to ex- consider pending calendar business, time to be an- amine sources of past and present support for terrorist nounced, S–216. forces in Afghanistan relating to terrorism financing, 9:30 November 13, Full Committee, to hold hearings to ex- a.m., SD–342. amine GAO’s report on cable rate increases, 9:30 a.m., Committee on Indian Affairs: November 13, business SR–253. meeting to consider pending calendar business, 10 a.m., Committee on Energy and Natural Resources: November SR–485. 13, Subcommittee on Water and Power, to hold hearings Committee on the Judiciary: November 12, to hold hear- to examine S. 1085, to provide for a Bureau of Reclama- ings to examine judicial and executive nominations, 10 tion program to assist states and local communities in a.m., SD–226. evaluating and developing rural and small community November 13, Subcommittee on Immigration, Border water supply systems, S. 1732, to direct the Secretary of Security and Citizenship, to hold hearings to examine the Interior to establish a rural water supply program in state and local authority to enforce immigration law relat- the Reclamation States to provide a clean, safe, affordable, ing to terrorism, 2 p.m., SD–226. and reliable water supply to rural residents, S. 1211, to further the purposes of title XVI of the Reclamation House Chamber Projects Authorization and Adjustment Act of 1992, the ‘‘Reclamation Wastewater and Groundwater Study and The House is in pro forma Monday. Facilities Act’’, by directing the Secretary of the Interior House Committees to undertake a demonstration program for water reclamation in the Tularosa Basin of New Mexico, S. 1727, to Committee on Government Reform: November 13, Sub- authorize additional appropriations for the Reclamation committee on Human Rights and Wellness, hearing enti- Safety of Dams Act of 1978, and S. 1791, to amend the tled ‘‘Preventing Another SV40 Tragedy: Are Today’s Lease Lot Conveyance Act of 2002 to provide that the Vaccine Safety Protocols Effective?’’ 2 p.m., 2154 Ray- amounts received by the United States under that Act burn. shall be deposited in the reclamation fund, 2:30 p.m., Committee on the Judiciary, November 13, Subcommittee SD–366. on Crime, Terrorism, and Homeland Security, oversight November 14, Full Committee, to hold oversight hear- hearing on ‘‘Homeland Security—the Balance Between ings to examine the implementation of the Energy Em- Crisis and Consequence Management through Training ployees Occupational Illness Compensation Program, 10 and Assistance,’’ including discussion of the following a.m., SD–366. bills: H.R. 2512, First Responders Funding Reform Act Committee on Environment and Public Works: November of 2003; H.R. 3266, Faster and Smarter Funding for First 12, business meeting to consider S. 1072, to authorize Responders Act of 2003; and H.R. 3158, Preparing funds for Federal-aid highways, highway safety programs, America to Respond Effectively Act of 2003, 2 p.m., and transit programs, 9:30 a.m., SD–406. 2141 Rayburn. Committee on Governmental Affairs: November 12, to Committee on Transportation and Infrastructure, November hold hearings to examine the nomination of Scott J. 13, Subcommittee on Water Resources and Environment, Bloch, of Kansas, to be Special Counsel, Office of Special oversight hearing on Financing Port Infrastructure—Who Counsel; to be immediately followed by a hearing on S. Should Pay? 10 a.m., 2167 Rayburn. 1358, to amend chapter 23 of title 5, United States Committee on Ways and Means, November 13, Sub- Code, to clarify the disclosure of information protected committee on Human Resources, hearing on Improved from prohibited personnel practices, require a statement Monitoring of Vulnerable Children, 10 a.m., B–318 Ray- in non-disclosure policies, forms, and agreements that burn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Monday, November 10 12 noon, Monday, November 10

Senate Chamber House Chamber Program for Monday: Senate will begin consideration of Program for Monday: Pro forma session. H.R. 2799, Commerce, Justice, State, and The Judiciary Appropriations Act.

Extensions of Remarks, as inserted in this issue

HOUSE Davis, Susan A., Calif., E2281 Moore, Dennis, Kansas, E2273, E2278 DeGette, Diana, Colo., E2286 Northup, Anne M., Ky., E2283 Berkley, Shelley, Nev., E2279 DeLauro, Rosa L., Conn., E2285 Norton, Eleanor Holmes, D.C., E2274 Blackburn, Marsha, Tenn., E2281 DeMint, Jim, S.C., E2284 Porter, Jon C., Nev., E2281 Bordallo, Madeleine Z., Guam, E2283 Diaz-Balart, Lincoln, Fla., E2275 Shaw, E. Clay, Jr., Fla., E2280 Brown, Corrine, Fla., E2285 Emanuel, Rahm, Ill., E2273, E2278 Burton, Dan, Ind., E2284 Harman, Jane, Calif., E2275 Stupak, Bart, Mich., E2284 Case, Ed, Hawaii, E2284 Holt, Rush D., N.J., E2273, E2277, E2280, E2282 Udall, Tom, N.M., E2275 Cramer, Robert E. (Bud), Jr.,Ala., E2280 Inslee, Jay, Wash., E2283 Walden, Greg, Ore., E2286 Chocola, Chris, Ind., E2274, E2278 Israel, Steve, N.Y., E2286 Young, Don, Alaska, E2282 Davis, Danny K., Ill., E2279 Meek, Kendrick B., Fla., E2283

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