[Congressional Record (Bound Edition), Volume 149 (2003), Part 1]
[Senate]
[Pages 1375-1377]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    MURDER OF AMERICANS IN INDONESIA

  Mr. ALLARD. Mr. President, let us commend the chairman of the Foreign 
Operations Subcommittee for the strong report language on Indonesia. I 
particularly appreciate the reference to the Americans murdered in 
Papua in August 2002, and the demands that justice be served for these 
crimes. I share this sentiment completely and believe that inaction by 
Indonesia on these murders will result in a negative reaction by both 
the Congress and the Administration.
  Mr. McCONNELL. I appreciate my friend's comments, and believe he is 
right that the absence of a credible investigation into these murders 
will have repercussions. While we all recognize that Indonesia 
continues on a difficult path of political and economic reform--at the 
same time being a frontline state on the war on terrorism--the 
Government of Indonesia cannot and should not underestimate the 
seriousness of the crimes committed in Papua and the need to bring 
justice to the victims and their families.
  Mr. ALLARD. I understand that the Federal Bureau of Investigations 
may be in Indonesia in the very near future to assist in investigating 
this crime. Does the chairman share my support for the FBI's 
involvement in this case?
  Mr. McCONNELL. Absolutely. The FBI should pursue all leads, and 
determine whether the reports of the Indonesian military's involvement 
in the ambush are accurate and credible.
  For the benefit of my colleagues, let me take a moment to describe 
the Indonesia provisions in the fiscal year 2003 bill. We earmark funds 
for Indonesia, including $10 million for the fragile peace agreement in 
Aceh and $5 million for reconstruction efforts in Bali. The bill does 
not contain restrictions on the International Military Education and 
Training program for that country but maintains the conditions on 
assistance under the Foreign Military Financing program. The fiscal 
year 2003 request for IMET is $400,000, which is slightly less than 
that requested for Sri Lanka.
  Mr. ALLARD. The Foreign Operations bill strikes an appropriate 
balance between our national security interests in that vast 
archipelago and the realities of a developing Indonesia. I want to be 
on record that I will continue to closely follow the investigation into 
the murder of Americans in Papua last year and I encourage the Chairman 
and all my colleagues to pay attention to that case.
  I also recommend that the administration report to Congress on a 
regular and ongoing basis into the progress the Government of Indonesia 
is making into resolving these murders.
  Mr. McCONNELL. My friend from Colorado's advice is excellent, and I 
hope that Secretary Powell will take note to the request for regular 
briefings into the murder of American citizens in Indonesia.


                             scaap funding

  Mrs. FEINSTEIN. Mr. President, I rise with a number of my colleagues 
and the chairman of the Commerce, Justice, State Subcommittee, the 
Senator from South Carolina, to discuss funding for the State Criminal 
Alien Assistance Program, popularly know as SCAAP. As my colleagues 
know, States and localities across the Nation are facing extraordinary 
costs associated with incarcerating criminal illegal aliens.
  Since the September 11th terrorists attacks, State and local 
governments have borne unprecedented costs that the Nation's critical 
infrastructure and public are protected. As a result, State and local 
governments are facing tremendous budget deficits. Moreover, the 
budgets of local law enforcement agencies are stretched to the limit. 
California, for one, is estimated to face a shortfall of at least $26 
billion over the next 18 months.
  In the face of these new challenges, the burden placed on States by 
the Federal Government's long-standing inability to control illegal 
immigration continues to grow. States like California continue to 
shoulder extraordinary criminal alien incarceration costs. One out of 
every seven prison beds in California is occupied by an illegal 
criminal alien.
  SCAAP funding helps all States that are experiencing increasing costs 
from incarcerating undocumented felons--both low-impact and high-impact 
States. Last year, more than 400 local jurisdictions, including all 50 
States, received SCAAP funding. With States facing budget deficits 
reimbursement for the costs they have incurred will be even more 
important. Congress must continue to support communities that must 
shoulder the burden of what is, in essence, a Federal responsibility. 
Given the rising costs associated with criminal alien incarceration, I 
had hoped that the Senate would see fit to increase the funding for 
this important

[[Page 1376]]

program to $650 million, or at minimum, at last year's level of $565 
million.
  I understand that the House-passed Commerce, Justice, State 
appropriations bill provides $500 million for the SCAAP program. Given 
that fact, I would like to inquire of my friend from New Hampshire if 
there is something that can be done to increase funding for this bill 
for SCAAP to at least the funding level approved by the House.
  Mr. KYL. Mr. President, I wish to associate myself with the remarks 
of my good friend, the Senator from California, and also look forward 
to working with the chairman and ranking member of the subcommittee to 
resolve the funding disparity in the State Criminal Alien Assistance 
Program (SCAAP).
  Before I begin my comments about this important program and the level 
of funding in the Senate Commerce-Justice-State Appropriations bill, I 
want to state my full support for what I have been told will be a $500 
million funding level for SCAAP in the House fiscal year 2003 bill.
  Through the Crime Control Act of 1994, the Congress created SCAAP to 
reimburse States and localities for the costs they incur incarcerating 
criminal illegal aliens. Such costs, it has been made clear, are the 
responsibility of the Federal Government. Previously, SCAAP was 
authorized at $650 million, although total expenditures of the States 
and localities exceeds $1.6 billion per year. Last year, the Congress 
reauthorized the program for the next 2 fiscal years at an open-ended 
level.
  Though the financial burden to process and incarcerate criminal 
illegal aliens overwhelms the budgets of many States and localities, 
SCAAP has never even been allocated to its full authorization. Over the 
past 5 years, SCAAP has usually been funded at levels between $500 
million and $600 million, which has provided States and localities 
reimbursement of about 30 cents for each dollar spent on incarceration.
  The Congress would be doing the right thing if it allocated $1.6 
billion. In fiscal year 2002, the State of Arizona and its localities 
incurred costs of well over $305 million to incarcerate criminal 
illegal aliens, and received $24 million in Federal reimbursement--when 
SCAAP was funded at $565 million overall.
  To reduce the total 2003 SCAAP funding from its $565 million to zero 
is unacceptable. Should the funding be eliminated, all 50 States, D.C. 
and the increasing number of localities that incur costs, which now 
receive an unacceptable 30 cents for each dollar spent, will receive 
nothing, if Congress were to eliminate funding altogether.
  Mr. President, I very much hope that Senators Gregg, Hollings, 
Feinstein, Schumer, and I can work to resolve these issues before this 
bill is signed into law.
  Mr. SCHUMER. Mr. President, I rise today with my colleagues from 
California and Arizona to ask for support for the State Criminal Alien 
Assistance Program (SCAAP) and to ask that it be funded, at the very 
least, at last year's level of $565 million in fiscal year 2003 in the 
Commerce, Justice, State Appropriations Report. Before I continue, I 
want to thank my colleagues for their hard work and dedication to the 
upkeep of this program.
  SCAAP reimburses States and counties for the costs associated with 
the incarceration of undocumented criminal aliens. Unfortunately, 
Federal efforts are often not adequate to combat illegal immigration. 
By some estimates, the total annual cost to States and local 
governments exceeds $1.6 billion. The broad principle on which the 
SCAAP Program is based is simple: the control of illegal immigration is 
a Federal responsibility. When the Federal Government falls short in 
its efforts to control illegal immigration, it must bear the 
responsibility for the financial and human consequences of this 
failure. Thus, the ``State Criminal Alien Assistance Program 
Reauthorization Act'' would properly vest the Federal Government the 
fiscal burden of incarcerating illegal immigrants who commit crimes in 
our communities.
  Southwestern States are not the only ones shouldering the 
extraordinary financial burdens of this type of incarceration. Northern 
border and interior States are increasingly bearing these costs, too. 
SCAAP funding has been on the rise even in historically low immigration 
States and counties. It is important to note that SCAAP receives 
widespread bipartisan and bicameral support. I encourage my colleagues 
on the Commerce, Justice, and State Subcommittee to support this very 
important program to help alleviate the impact of these unfunded 
Federal mandates on State, and in particular, county governments.
  Mr. GREGG. Mr. President, I thank my friends from California, 
Arizona, and New York for their efforts in relieving the burden of 
illegal immigration on our State and local governments. I know that 
they have been tireless in their efforts to secure both an end to 
illegal immigration and to ensure that the Federal Government assume a 
share of the financial responsibility for its inability to control 
illegal immigration.
  I know, as well, Mr. President, that my colleagues from California 
and Arizona were among the principal authors of the SCAAP Program when 
it was created by the 1994 crime bill, and that they both worked very 
hard to help secure the $565 million which was appropriated last year. 
They have also worked to ensure that the program remains authorized 
over the next 2 fiscal years.
  Knowing of the great need for adequate funding for SCAAP, I assure 
the Senators that I will make it a high priority during the conference 
between the House and Senate.
  Mr. HOLLINGS. I concur with my colleague from New Hampshire. I 
understand the importance of this funding for the States affected by 
the high rates of criminal alien incarceration and I am hopeful we can 
provide an adequate funding level for SCAAP during conference.
  Mrs. FEINSTEIN. I thank the Senator for his encouraging words. As I 
am sure he knows, the SCAAP reimbursements provided in prior years did 
not nearly cover the costs States and localities incurred do 
incarcerate illegal aliens in their jurisdictions.
  The cost for States and localities amounted to more than $11 billion. 
Thus, last year's funding level of $565 million covered a mere 5.1 
percent, of the actual costs.
  Failing to fund the program altogether would be devastating to our 
States. The State of Wisconsin, for example, would lose more than $3.5 
million in funding; Massachusetts would lose over $13 million; 
Pennsylvania would lose over $2.6 million; Virginia would lose more 
than $6.4 million; North Carolina would lose $5.2 million; Michigan 
would lose $2.9 million; Minnesota would lose $1.8 million. Thus, even 
States that have not traditionally had to confront the growth in 
illegal immigration are now bearing the costs of this Federal 
responsibility.
  When the Federal Government fails in its responsibility to control 
our Nation's borders, local taxpayers should not have to foot the bill 
for incarcerating undocumented criminal aliens in State and local 
jails. I will work closely with the Senators from New Hampshire and 
South Carolina and my colleagues in both bodies ensure that this bill 
adequately funds SCAAP.


                  PROSTHETIC AND SENSORY AIDS DEVICES

  Mr. GREGG. Mr. President, I have come to the floor today to 
compliment the Chairman of the VA-HUD Appropriations Subcommittee 
Senator Bond and the Ranking Member Senator Mikulski on an excellent 
job of balancing all the very important programs in the VA-HUD 
Appropriations bill, included as part of the omnibus bill now pending 
before the body. I know the spending limitations imposed on the 
Subcommittee do not permit the chairman and other members of the 
Subcommittee to address each and every issue as fully as they would 
like to but nonetheless the chairman has achieved a balanced and good 
result.
  Earlier this year, I contacted the subcommittee to express the view 
that the Veterans Health Administration be as proactive as possible to 
help ensure that disabled veterans have the most advanced prosthetic 
and sensory aids devices made available to them, as would be medically 
appropriate. In this regard, I was pleased to see that the

[[Page 1377]]

committee approved the administration's fiscal year 2003 budget request 
for $739.1 million for prosthetic and sensory aids devices providing an 
increase of $60.3 million over the last year.
  One of the exciting new prosthetic and sensory aids devices known as 
the iBOT was invented in my home State of New Hampshire. It is a 
mobility device that climbs stairs, traverses all terrain and balances 
the seated user at standing eye-level. It would be my view that some 
portion, at least one percent, of the approximately 25,000 veterans 
with service connected spinal cord injuries should have access to this 
advanced mobility device. In fact, at the request of Congress, the VHA 
conducted a study of this mobility device last year that concluded with 
the finding that ``the subjects were unanimous in their recommendations 
that the Veterans Health Administration should provide iBOTs to 
veterans''--and that--``the iBOT could improve integration and work 
performance.'' Additionally, as Secretary Principi has established a 
priority of ``restoring the capability of disabled veterans to the 
extent possible'' it is my expectation that such devices will be 
actively considered and provided to disabled veterans as medically 
appropriate.
  Mr. LEVIN. Mr. President, I want to add my praise for the job done by 
Senators Bond and Mikulski and associate myself with the comments just 
made by Senator Gregg. I am also familiar with the mobility device 
which Senator Gregg mentioned. I also believe that some of the veterans 
with service connected spinal cord injuries could benefit from, and 
should be assisted by, making these devices available to them. 
Therefore, it is also my expectation that the Department will 
aggressively pursue, within available funds and current policy, making 
this mobility device and other state of the art assistive technologies 
available to disabled veterans as medically appropriate.


                      RUM COVER-OVER TAX PROVISION

  Mr. Grassley. It has recently been brought to my attention that there 
has been a controversy over a Puerto Rican excise tax on beer. 
Unfortunately, the Omnibus Appropriations bill is an inappropriate 
forum to address this issue. But we realize the importance of ongoing 
negotiation.
  Mr. BAUCUS. Mr. President, I cosponsored your amendment because I 
agree that inclusion of a tax provision in this bill is inappropriate. 
In 1983, under the Caribbean Basin Economic Recovery Act, the excise 
tax collections on imported rum are transferred or rebated to the 
treasuries of Puerto Rico and the Virgin Islands. The tax code provides 
a rebate of $13.25 of the $13.50 excise tax to Puerto Rico and the 
Virgin Islands for the excise tax collected on rum imported into the 
United States (without regard to the country of origin). The amount of 
the rebate is scheduled to decrease to the 1983 level of $10.50 after 
December 31st, unless Congress extends the current $13.25 rebate.
  Perhaps the expiration of the increased amount transferred provides 
time for resolution of the dispute?
  Mr. GRASSLEY. I commit to working together with those concerned to 
address this issue through the Finance Committee, which is the 
appropriate jurisdiction for resolution of this matter.
  Mr. CAMPBELL. I thank the Senator for his time and efforts to work on 
this issue with us. This issue is a horribly excessive tax that needs 
to be discussed immediately, which was my motivation towards working 
with Senator Stevens in addressing this issue in the appropriations 
bill. I agree with Senators Grassley and Baucus that resolving this 
issue prior to the end of this year is very important. As such. I 
accept the amendment offered by Senators Grassley and Baucus which 
strikes this provision from the Omnibus Appropriations bill, Title I, 
Section 128.
  We want to encourage all parties involved to immediately come to the 
table to begin working together to solve this issue. As I have 
previously stated, this excise tax on beer hurts producers, farmers, 
and working people, and has to be resolved.
  Mr. GRASSLEY. I look forward to working with the Senator and his 
staff on this issue.


                            CIVIL EDUCATION

  Mr. McCONNELL. One area in the Foreign Operations portion of this 
omnibus bill where I have had particular interest is the section 
entitled Democracy Programs. We have worked closely in our approach to 
this section where we have addressed the funding needs for democracy 
programs, including in predominantly Muslim countries.
  The bill we are considering today will increase funding in Section 
524(b) of the Foreign Operations portion from $15,000,000 to 
$20,000,000 and correspondingly adds ``civic education'' as a program 
and activity under this section that the subcommittee wishes to fund.
  Does the Ranking Member agree with me that this increase of 
$5,000,000 is intended to ensure that democracy programs, including 
civic education programs, receive additional funding?
  Mr. LEAHY. I agree with my friend from Kentucky, the chairman of the 
Foreign Operations Subcommittee. The additional $5,000,000 in section 
524(b) will ensure that these programs are expanded, including through 
the establishment of civic education programs in countries with a 
significant Muslim population, and where such programs and activities 
would be important to United States efforts to respond to, deter, or 
prevent acts of international terrorism.
  Is it the understanding of my friend from Kentucky that funds made 
available under Section 524(b) for civic education are intended to be 
awarded as a grant or grants to--among other eligible applicants--
educational organizations with experience working in other countries, 
including organizations in the fields of democracy education, civic 
education, community service, global education and learning through 
interactive Internet-based technologies and experience in the field of 
civic and international elementary and secondary education?
  Mr. McCONNELL. The Senator from Vermont is correct, and I thank him 
for this useful exchange.
  The PRESIDING OFFICER. The Clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. FRIST. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. Mr. President, I ask unanimous consent that all first-
degree amendments to H.J. Res. 2 be filed at the desk by 6 p.m. on 
Tuesday, January 21, with the exception of the managers' amendments 
which are cleared by both managers.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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