E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, TUESDAY, APRIL 16, 2002 No. 42 House of Representatives The House met at 12:30 p.m. and was REFLECTING ON TAX DAY, APRIL total tax burden. This serves as an ex- called to order by the Speaker pro tem- 15 ample that we have made great strides pore (Mr. CULBERSON). Mr. STEARNS. Mr. Speaker, this reducing the Federal income tax bur- week we again come to view one of the den on all American taxpayers. f things Americans dread most, that is, However, there remains much to be tax day. It is a dreaded and feared day, done. The Federal tax burden continues DESIGNATION OF SPEAKER PRO a day on which taxpayers all across the to make up two-thirds of the total tax TEMPORE country are concentrating and reflect- burden. Individual income taxes and The SPEAKER pro tempore laid be- ing on America’s frustrating and com- payroll taxes are the primary culprits. fore the House the following commu- plex system of taxation. We also face, Mr. Speaker, hidden taxes nication from the Speaker: We in Congress should take time our- such as sales and excise tax on bev- erages. In fact, we are still paying a WASHINGTON, DC, selves to reflect on our Nation’s Tax April 16, 2002. Code and the problems it imposes upon Federal telephone tax instituted during I hereby appoint the Honorable JOHN the taxpayers of this country. April 15 the Spanish-American War. ABNEY CULBERSON to act as Speaker pro tem- serves as a stark reminder that my In addition, the taxpayer faces State pore on this day. constituents, and, in fact, all Ameri- and local taxes, which include property J. DENNIS HASTERT, cans, have paid entirely too much in taxes, sales taxes and additional in- Speaker of the House of Representatives. Federal taxes, more than food, clothing come taxes in most States. Wherever and shelter combined. The Federal tax one turns, he can expect to pay a tax f burden is the highest since World War on something. II. Finally, the taxpayer faces a cost of MESSAGE FROM THE SENATE Also Americans are paying taxes at complying with our Tax Code. Accord- A message from the Senate by Mr. the same time they are trying to pay ing to the Tax Foundation, in 2002 indi- Monahan, one of its clerks, announced off personal debt. Yes, we seem to for- viduals, businesses, and nonprofit orga- that the Senate has passed a concur- get that Americans have a debt to pay nizations will spend an estimated 5.8 rent resolution of the following title in down as well. They have mortgages, billion hours complying with the Fed- which the concurrence of the House is auto loans, credit card debt, and school eral income tax code with an estimated requested: loans. compliance cost of over $194 billion. S. Con. Res. 101. Concurrent resolution ex- We have stated time and time again This amounts to imposing a 20.4 cent tending birthday greetings and best wishes that Americans deserve tax relief; and tax compliance surcharge for every to Lionel Hampton on the occasion of his with the assistance of President Bush, dollar the income tax system collects. 94th birthday. we have given them just that relief. We We have kept our promise, Mr. passed the Economic Growth and Tax Speaker, in working with the President f Relief Reconciliation Act of 2001, pro- to give Americans the tax relief they viding the economy a much-needed need. Later this week we will have the MORNING HOUR DEBATES boost with the rebate check provided opportunity to make that relief perma- The SPEAKER pro tempore. Pursu- to all American taxpayers. In addition, nent. The Economic Growth and Tax ant to the order of the House of Janu- the bill decreases the marginal tax Relief Reconciliation Act of 2001 unfor- ary 23, 2002, the Chair will now recog- rate, reduces the marriage penalty, and tunately contained sunset provisions nize Members from lists submitted by eliminates the death tax. It increases which would end the tax relief after 10 the majority and minority leaders for the child adoption credits and the child years. We will have the opportunity to morning hour debates. The Chair will tax credit. We also passed the Job Cre- correct this oversight and give Ameri- alternate recognition between the par- ation and Worker Assistance Act, pro- cans permanent tax relief. ties, with each party limited to not to viding for additional tax decreases. In conclusion, in this country there exceed 30 minutes, and each Member, As a result of our efforts, Mr. Speak- are seven traits that really define who except the majority leader, the minor- er, according to the Tax Foundation, we are as Americans, cultural traits. ity leader, or the minority whip, lim- the average taxpayer will work 2 days One of those traits is we like reform. ited to not to exceed 5 minutes. less this year to pay off their total tax We are willing to change things. We are The Chair recognizes the gentleman bill. The so-called Tax Freedom Day, just not satisfied with the status quo in from Florida (Mr. STEARNS) for 5 min- April 27, represents an identifiable this country. We are always trying to utes. mark for Americans to gauge their improve.

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

H1291

. H1292 CONGRESSIONAL RECORD — HOUSE April 16, 2002 Mr. Speaker, we are making progress. Without real payment-limitation re- b 1400 Let us continue to work harder and do form, we will continue to weaken the AFTER RECESS more for the American taxpayers of same farmers we claim to want to this country. help.’’ The recess having expired, the House f I want to just mention what that was called to order by the Speaker pro tempore (Mr. PENCE) at 2 p.m. AGRICULTURAL BILL PAYMENT loophole is. There are price-support LIMITATIONS benefit limits on a couple ways a farm- f er can derive those benefits, specifi- PRAYER The SPEAKER pro tempore. Pursu- cally the loan deficiency payment and ant to the order of the House of Janu- the marketing loans. But what is left The Chaplain, the Reverend Daniel P. ary 23, 2002, the gentleman from Michi- out of that payment limit, which tends Coughlin, offered the following prayer: gan (Mr. SMITH) is recognized during to hoodwink a lot of people when we ‘‘O the happiness of the heavenly morning hour debates for 5 minutes. brag there are some kind of payment Alleluia sung in security, in fear of no Mr. SMITH of Michigan. Mr. Speak- limits in the House bill, is non-recourse adversity!’’ These words of Your serv- er, this afternoon I will introduce a loans. You can do an end-run and farm- ant Augustine from the fifth century motion to instruct conferees on the ag- ers can have a non-recourse loan that sound melodious, as from another ricultural bill that suggests that we they can forfeit, or the government world, when read in the springtime of need to incorporate payment limita- will give you the certificate that re- our conflicted lives. tions. sults in the same kind of subsidy ben- Lord, many Americans wonder if we Payment limitations now in effect efit payments for price supports as do have lost an innocence never to be re- are not binding simply because there is the loan deficiency payments in mar- gained. In the midst of war and unpre- a loophole in the law which allows keting loans. dictable terrorism, evil sometimes many farmers to receive $1 million- seems more creative than goodness. plus in farm benefit payments. One rea- It gets rather complicated, Mr. Speaker; but the fact is that we are Fear not only reveals the most fragile son I feel so strongly that it is reason- ones around us, uncertainty can cause able to have some kind of payment calling for, and we are going to have, a debate in this House tomorrow on the the strong to be hesitant and slow limits is that the public thinks that down a Nation’s progress. farmers are just being given a great reasonableness of having some kind of price limitations. Reassure us by Your presence, Lord. deal of money, regardless of their need, Out of compassion for Your people, regardless of their size. If we are going I am a farmer from Michigan. I grant a glimpse of Your glory so that to have farm program policy in the served as deputy administrator of hopefulness springs eternal and con- United States, then I and many others Farm Programs in the USDA in the fidence is restored. suggest that we focus our efforts on early seventies. Currently 82 percent of With hearts fixed on lasting values, those farmers that need that kind of the farm program payments go to 17 give the Members of Congress practical help. percent of the largest farm operations. wisdom to address the substantive We talk about the family farm, and, If we do not control this, if we do not issues which truly affect the lives of of course, we can get in arguments have some kind of a cap, some kind of their constituents. May their work to- about what is a family farm or how big a limit, we are going to lose the good gether build signs of hope that will is a family farm. But I think most of us will of the people of this Chamber, of move this country into a bright future. can agree that if someone has 40,000, the people in the Senate, of the people Amen. 50,000 or 60,000 acres and is taking in in the United States that really want millions of dollars of farm program to help those farmers. So payment lim- f payments, then probably this is not the itations of $275,000 per farmer per year THE JOURNAL mainstream type of family farm that is reasonable as structured in the Sen- The SPEAKER pro tempore. The most of us think of. ate version. I hope we can do that. Chair has examined the Journal of the I would like to read some quotes A couple more quotes, with your per- last day’s proceedings and announces from the Senate debate when this lan- mission, Mr. Speaker. Senator RICHARD to the House his approval thereof. guage was put into the Senate version LUGAR said, ‘‘This is a modest amend- Pursuant to clause 1, rule I, the Jour- of the bill. What this shows is that ment. I stress ‘modest.’ There were nal stands approved. there is tremendous bipartisan support 98,835 recipients of farm subsidies in In- for some kind of a limit on these farm diana during 1996 to 2000. Only six of f payments. that 98,000 would be affected by this PLEDGE OF ALLEGIANCE Senator GRASSLEY, Republican from amendment.’’ Iowa, said, ‘‘When is enough enough? The SPEAKER pro tempore. Will the Senator TOM DASCHLE says, ‘‘I am gentleman from Pennsylvania (Mr. How long will the American public put pleased we were able to pass this im- up with these programs that send out PITTS) come forward and lead the portant payment limitation amend- House in the Pledge of Allegiance. billions of dollars to the biggest farm ment.’’ entities?’’ Mr. PITTS led the Pledge of Alle- BYRON DORGAN, Senator from North The President of the United States giance as follows: Dakota, a Democrat, said, ‘‘Many of says we need to help those small and I pledge allegiance to the Flag of the the benefits provided through the cur- medium-sized farmers that need it the United States of America, and to the Repub- rent ag programs are being funneled to most. lic for which it stands, one nation under God, large, non-family agricultural corpora- Mr. Speaker, I hope my colleagues indivisible, with liberty and justice for all. tions while family farmers are being will support me on this payment limi- f tation that the gentleman from Michi- shortchanged. That is just plain PRIVATE CALENDAR wrong.’’ gan (Mr. BONIOR) and I are offering to- Senator JOHN KERRY, Democrat of morrow. The SPEAKER pro tempore. This is Massachusetts: ‘‘This amendment en- the day for the call of the Private Cal- sures that farm aid will target the peo- f endar. The Clerk will call the bill on ple who need it the most, the small the Private Calendar. family farmers that actually work the RECESS f land and are the lifeblood of our rural communities. It is a pleasure to sup- The SPEAKER pro tempore. Pursu- NANCY B. WILSON port this amendment.’’ ant to clause 12 of rule I, the Chair de- The Clerk called the bill (H.R. 392) Senator CHUCK HAGEL, Republican: clares the House in recess until 2 p.m. for the relief of Nancy B. Wilson. ‘‘The amendment would remove the Accordingly (at 12 o’clock and 42 Mr. COBLE. Mr. Speaker, I ask unan- loopholes that allow a handful of large minutes p.m.), the House stood in re- imous consent that the bill be passed farmers to receive unlimited payments. cess until 2 p.m. over without prejudice. April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1293 The SPEAKER pro tempore. Is there Mr. SENSENBRENNER. Mr. Speak- DOE HAS IGNORED GEOLOGICAL objection to the request of the gen- er, I have introduced a resolution ex- PROBLEMS AT YUCCA MOUNTAIN tleman from North Carolina? pelling the gentleman from Ohio (Mr. (Mr. GIBBONS asked and was given There was no objection. TRAFICANT) from the House of Rep- permission to address the House for 1 The SPEAKER pro tempore. This resentatives. Last week, a Federal minute and to revise and extend his re- concludes the call of the Private Cal- court jury in Cleveland found the gen- marks.) endar. tleman from Ohio (Mr. TRAFICANT) Mr. GIBBONS. Mr. Speaker, this f guilty on all 10 felony counts of a morning I joined with hundreds of criminal indictment. Regretfully, this Americans opposed to the idea of ship- BUSH TAX CUTS resolution is necessary because Mr. ping high-level nuclear waste across (Mr. PITTS asked and was given per- TRAFICANT foolishly rejected the call of the entire country to a geologically un- mission to address the House for 1 the minority leader to resign. Felons stable site in a Nevada desert. minute and to revise and extend his re- belong in jail and not in Congress. He Scientific evidence continues to marks.) has broken the public trust by break- mount showing that Yucca Mountain is Mr. PITTS. Mr. Speaker, yesterday ing the law; and if he will not volun- not a safe or sound location for nuclear millions of Americans lined up at post tarily leave this House, our duty is to waste, and evidence also shows that offices all over the country to get their remove him. the Department of Energy has ignored taxes in on time. And once again, as Throughout my tenure in the House, its geologic problems. this poster illustrates, the average I have consistently taken the position Even former DOE officials have American family spent more on taxes that Members who have been convicted agreed that the DOE has not held last year than food, clothing, shelter, of felonies should be expelled if they do Yucca Mountain to high scientific and transportation combined. not resign. In 1980, the House expelled standards. Dr. Victor Gilinsky, former Once again, the average wage earner Michael Meyers of Pennsylvania after commissioner of the U.S. Nuclear Reg- spends the first 3 hours of an 8-hour he refused to resign following convic- ulatory Commission, asserted in a working day laboring just to pay his tion of Abscam-related felonies. In 1995, sworn affidavit that the DOE’s site taxes. Once again, the equivalent of Walter Tucker of California was con- suitability standard is so lax that it every paycheck from January to the victed, initially refused to resign, and could be met in the basement of the middle of May goes just to pay taxes. changed his mind after I introduced an DOE headquarters here in Washington, Mr. Speaker, last year we joined the expulsion resolution. D.C. President in passing much-needed tax Mr. Speaker, I hope that Mr. TRAFI- Mr. Speaker, Americans deserve bet- relief for the American people. But be- CANT will follow the example of Mr. ter. The site suitability of a nuclear re- cause of opposition from the big spend- Tucker and save the House the need to pository should be based on science, ers in the other body, there is a sunset debate once again whether felons not politics. Yucca Mountain is not a clause in the law. In other words, un- should continue to serve in Congress. suitable site for the storage of the less we vote to make the tax cuts per- f deadliest substance known to man. I manent, everyone will get a big tax BROOKLAND BAPTIST CHURCH’S urge Members to oppose the DOE hike, the marriage penalty tax will 100TH ANNIVERSARY Yucca Mountain lie. come back, the death tax will come f back, the child tax credit will be cut in (Mr. WILSON of South Carolina half, IRAs will be cut by $3,000, and the asked and was given permission to ad- ANNOUNCEMENT BY THE SPEAKER economy will suffer. dress the House for 1 minute and to re- PRO TEMPORE This week we will vote on a bill to vise and extend his remarks.) Mr. WILSON of South Carolina. Mr. The SPEAKER pro tempore. Pursu- prevent this from happening. I urge my Speaker, the Good Book teaches us ant to the provisions of clause 8 of rule colleagues to support the effort to that the perseverance of a faithful few XX, the Chair announces that he will make the tax relief permanent for the can touch the lives of many for the bet- postpone further proceedings today on American people. ter. During the late 1800s in New each motion to suspend the rules on f Brookland, South Carolina, a small which a recorded vote or the yeas and group of men and women met together nays are ordered, or on which the vote EQUAL PAY DAY: CLOSING THE is objected to under clause 6 of rule WAGE GAP for prayer and worship. By 1902, the group had grown and the Brookland XX. (Mr. DAVIS of Illinois asked and was Baptist Church was founded. Any record votes on postponed ques- given permission to address the House For decades, the church has been a tions will be taken after debate has for 1 minute and to revise and extend refuge of hope, and the church began a concluded on all motions to suspend his remarks.) new chapter in 1971 when Rev. Charles the rules, but not before 6:30 p.m. Mr. DAVIS of Illinois. Mr. Speaker, I B. Jackson, Sr., became their ninth today. rise today to urge Congress to pass leg- pastor at the age of 18. Attracting f islation that will guarantee equal pay large crowds of over 4,000 members, the JOSEPH W. WESTMORELAND POST for equal work for women. Equal pay church bought and renovated a nearby OFFICE BUILDING for equal work should not even be a shopping center. I am honored that question in the year 2002. Yet women Earl Brown, a deacon, is my special as- Mrs. JO ANN DAVIS of Virginia. Mr. earn only 73 percent of wages earned by sistant. Speaker, I move to suspend the rules men for doing the same work with the Today, the church serves the commu- and pass the bill (H.R. 3960) to des- same qualifications. For African Amer- nity through HIV–AIDS program, ignate the facility of the United States ican women, it is only 64 cents on a homeless outreach, the Black Male Postal Service located at 3719 Highway dollar; and for Hispanic women, 52 Conference, scouting programs, rec- 4 in Jay, Florida, as the ‘‘Joseph W. cents for every dollar earned by men. reational and tutorial programs, and Westmoreland Post Office Building’’. The time for pay equity is now. Let us has even organized a full-service credit The Clerk read as follows: do the right thing: pass equal pay for union. The church is one of South H.R. 3960 women. Carolina’s largest African American Be it enacted by the Senate and House of Rep- f congregations. resentatives of the United States of America in This year, as Brookland Baptist Congress assembled, TRAFICANT EXPULSION Church celebrates its 100th anniver- SECTION 1. JOSEPH W. WESTMORELAND POST RESOLUTION INTRODUCED sary, it is very easy to see how this OFFICE BUILDING. (a) DESIGNATION.—The facility of the (Mr. SENSENBRENNER asked and once-small group of believers has United States Postal Service located at 3719 was given permission to address the grown to make the lives of those Highway 4 in Jay, Florida, shall be known House for 1 minute and to revise and around them immeasurably improved and designated as the ‘‘Joseph W. Westmore- extend his remarks.) for the better. land Post Office Building’’. H1294 CONGRESSIONAL RECORD — HOUSE April 16, 2002 (b) REFERENCES.—Any reference in a law, munity and enjoyed it. I urge swift pas- Joseph Willis Westmoreland was an map, regulation, document, paper, or other sage of this resolution. admirable American and a public serv- record of the United States to the facility re- Mr. Speaker, I reserve the balance of ant. He was among the greatest genera- ferred to in subsection (a) shall be deemed to my time. tion and served in the Army during be a reference to the Joseph W. Westmore- Mrs. JO ANN DAVIS of Virginia. Mr. land Post Office Building. World War II. World War II veterans Speaker, I yield such time as he may alone represent nearly 40 percent of all The SPEAKER pro tempore. Pursu- consume to the gentleman from Flor- American war participants. These ant to the rule, the gentlewoman from ida (Mr. JEFF MILLER), the distin- great individuals risked their lives for Virginia (Mrs. JO ANN DAVIS) and the guished sponsor of the bill. the future of this country and we must gentleman from Illinois (Mr. DAVIS) Mr. JEFF MILLER of Florida. Mr. keep our promise to them. Mr. Speak- each will control 20 minutes. Speaker, it is a great privilege to rise er, the World War II veteran population The Chair recognizes the gentle- today as the House considers H.R. 3960, is aging and we must keep our promise woman from Virginia (Mrs. JO ANN a bill to designate the United States to these individuals and give them the DAVIS). Postal Service Facility located in Jay, Social Security benefits we guaranteed GENERAL LEAVE Florida, as the Joseph W. Westmore- to them when they went off to war. Mrs. JO ANN DAVIS of Virginia. Mr. land Post Office Building. Joseph Westmoreland served as the Speaker, I ask unanimous consent that Mr. Speaker, earlier this year I intro- postmaster of the Jay Post Office in all Members may have 5 legislative duced this measure to provide a fitting Jay, Florida for 41 years. He dedicated days within which to revise and extend tribute to the service and life of the his working years to public service and their remarks on H.R. 3960, the bill man who did so much for that area of made our government a better place. under consideration. the State in northwest Florida. After a lifetime of public service, Mr. The SPEAKER pro tempore. Is there Mr. Joseph Westmoreland was born Westmoreland retired to enjoy his objection to the request of the gentle- to humble beginnings in South Caro- golden years. Like over 32 million woman from Virginia? lina before serving in the Army Air Americans, Mr. Westmoreland relied There was no objection. Corps during World War II. Upon leav- on Social Security as a safety net. In Mrs. JO ANN DAVIS of Virginia. Mr. ing service in 1946, Joe married Evelyn, Florida alone, where this post office Speaker, I yield myself such time as I whom he had met while stationed at will be dedicated, there are over 3 mil- may consume. Hurlburt Field. The couple moved to lion Social Security recipients. The Mr. Speaker, H.R. 3960, introduced by Jay, where Evelyn’s father owned a Republican budget taps into the Social the gentleman from Florida (Mr. JEFF small grocery store, and where they Security trust fund and jeopardizes the MILLER) designates the facility of the would share 55 years of marriage. future of these millions of seniors in United States Postal Service located at Joe was appointed postmaster by Florida and throughout the country. 3719 Highway 4 in Jay, Florida, as the Congress in 1948, a position he would The Joseph W. Westmoreland Post Joseph W. Westmoreland Post Office serve in for 41 years until his retire- Office Building in Florida will be an- Building. ment. Time and time again, Joe proved other shining example of what good Mr. Speaker, Joseph Westmoreland himself not only an exemplary post- government is all about. The Postal was appointed as postmaster at the master, but a strong community leader Service has a slogan, ‘‘We deliver.’’ Jay, Florida, post office in 1948, where until his death January 28 of last year. Sadly, Mr. Speaker, this Congress con- he served for 41 years until his retire- While living in Jay, he became a char- tinues not to deliver for America’s re- ment in September 1989. Prior to this ter member of the Jay Lions Club and tirement. This Congress, after spending appointment, Mr. Westmoreland also served in many positions in the Jay down the surplus, continues to pass served in our Nation’s military during United Methodist Church, from teach- legislation to raid the Social Security World War II as a member of the Army ing adult Sunday school classes to trust fund. Our seniors deserve better. Air Corps. Throughout his life, Mr. chair of the finance committee. Mr. DAVIS of Illinois. Mr. Speaker, I Westmoreland distinguished himself as Joe was an example to all of us that yield myself such time as I may con- a community leader, constantly work- a civil servant is forever indebted to sume. ing for what was best for northwest the people he serves. His faith taught I can imagine that over a period of 41 Florida. Mr. Speaker, I urge adoption him that there is no greater act than years as postmaster that Mr. West- of H.R. 3960. service to fellow man, and his life was moreland must have passed out hun- Mr. Speaker, I reserve the balance of a testament to these beliefs. Although dreds and thousands of Social Security my time. Joe is not with us today, his legacy of checks and people probably would Mr. DAVIS of Illinois. Mr. Speaker, I service and dedication to community come to the post office with a smile on yield myself such time as I may con- serves as a shining example to those in their face and with glee in their heart, sume. northwest Florida. knowing that they were going to pick Mr. Speaker, I thank Joe’s wife, Eve- Mr. Speaker, as a Member of the up that valued Social Security check. I lyn, and his sons, Lofton and Dale, for Committee on Government Reform, I would just hope that we never do any- sharing their husband and father with am pleased to join my colleague in the thing that would jeopardize or take the communities for so many years. consideration of H.R. 3960, a measure away the opportunity for people to I would like to thank the Committee which names a postal facility after Jo- continue to have that feeling. on Government Reform, the gentleman Mr. Speaker, I urge the passage of seph W. Westmoreland, introduced by from Indiana (Mr. BURTON), and the this resolution. the gentleman from Florida (Mr. JEFF gentleman from California (Mr. WAX- Mr. Speaker, I yield back the balance MILLER) on March 13, 2002, and enjoys MAN) for their assistance in getting of my time. the support and cosponsorship of the this bill to the floor, and urge my col- Mrs. JO ANN DAVIS of Virginia. Mr. Florida congressional delegation. This leagues to support this measure to rec- Speaker, I yield myself such time as I measure was originally introduced by ognize a man who dedicated over 4 dec- may consume. our former colleague, Mr. Scarborough. ades of his life to the people of Jay, I urge the adoption of this measure Mr. Speaker, Joseph Westmoreland Florida. honoring an exemplary civil servant. was a member of the postal commu- Mr. Speaker, I have no further re- nity, serving as postmaster of the Jay, b 1415 quests for time, and I yield back the Florida, post office for 41 years until Mr. DAVIS of Illinois. Mr. Speaker, I balance of my time. his retirement in 1989. A World War II yield such times he may consume to The SPEAKER pro tempore (Mr. veteran, community leader, and very the gentleman from Texas (Mr. PENCE). The question is on the motion devout member of the Jay United SANDLIN). offered by the gentlewoman from Vir- Methodist Church, Mr. Westmoreland Mr. SANDLIN. Mr. Speaker, I rise ginia (Mrs. JO ANN DAVIS) that the was a civil servant who believed in today to support H.R. 3960, to designate House suspend the rules and pass the going the extra mile to help the public. a post office in Jay, Florida, as the Jo- bill, H.R. 3960. As a matter of fact, there are some who seph W. Westmoreland Post Office The question was taken; and (two- would say he was a servant of the com- Building. thirds having voted in favor thereof) April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1295 the rules were suspended and the bill Mr. Speaker, I urge adoption of H.R. velopment in northern Michigan. He was passed. 1374. was actually the first Congressman A motion to reconsider was laid on Mr. Speaker, I reserve the balance of representing this northern Michigan the table. my time. district to have district offices, dem- f Mr. DAVIS of Illinois. Mr. Speaker, I onstrating his focus on local concerns. yield myself such time as I may con- Mr. Ruppe was well respected by all PHILIP E. RUPPE POST OFFICE sume. Members of Congress. BUILDING Mr. Speaker, as a member of the Before Mr. Ruppe retired, former Mrs. JO ANN DAVIS of Virginia. Mr. Committee on Government Reform, I Member Sonny Montgomery best sum- Speaker, I move to suspend the rules am pleased to join with my colleague, marized Phil Ruppe when he said, and and pass the bill (H.R. 1374) to des- the gentlewoman from Virginia (Mrs. I quote, ‘‘I have always been impressed ignate the facility of the United States JO ANN DAVIS) in consideration of H.R. with Phil’s intense interest and dedica- Postal Service located at 600 Calumet 1374, legislation naming a postal facil- tion to his legislative committees. He Street in Lake Linden, Michigan, as ity after former Congressman Philip E. has never failed to be an effective the ‘‘Philip E. Ruppe Post Office Build- Ruppe. H.R. 1374 was introduced by the member and contribute to the delibera- ing’’. gentleman from Michigan (Mr. STUPAK) tion of the Interior and Insular Affairs The Clerk read as follows: on April 3, 2001. This bill enjoys the Committee and the Merchant Marine H.R. 1374 support and cosponsorship of the entire and Fisheries Committee.’’ Be it enacted by the Senate and House of Rep- Michigan delegation. Mr. Speaker, a fitting tribute to Phil resentatives of the United States of America in Mr. Ruppe represented northern Ruppe’s service to northern Michigan Congress assembled, Michigan from 1967 until 1979. During would be naming the Lake Linden Post SECTION 1. PHILIP E. RUPPE POST OFFICE his tenure in Congress, Mr. Ruppe BUILDING. Office after Phil Ruppe. I would like to (a) DESIGNATION.—The facility of the served on the Merchant Marine and thank the chairman of the Committee United States Postal Service located at 600 Fisheries and Interior and Insular Af- on Government Reform the gentleman Calumet Street in Lake Linden, Michigan, fairs Committees, always dedicated to from Indiana (Mr. BURTON) and the shall be known and designated as the ‘‘Philip improving the quality of life for his ranking member, the gentleman from E. Ruppe Post Office Building’’. constituents back home. California (Mr. WAXMAN) for moving (b) REFERENCES.—Any reference in a law, An active member of his community this legislation. I would like to thank map, regulation, document, paper, or other and noted businessman, he will long be record of the United States to the facility re- the gentleman from Illinois (Mr. ferred to in subsection (a) shall be deemed to remembered for his service to this DAVIS) and also the gentlewoman from be a reference to the Philip E. Ruppe Post House as well as service to the people Virginia (Mrs. JO ANN DAVIS) for mov- Office Building. of northern Michigan. ing forth the legislation on the floor. The SPEAKER pro tempore. Pursu- Mr. Speaker, I yield such time as he I ask my colleagues to support this ant to the rule, the gentlewoman from may consume to the gentleman from bill. Virginia (Mrs. JO ANN DAVIS) and the Michigan (Mr. STUPAK), the sponsor of Mr. DAVIS of Illinois. Mr. Speaker, gentleman from Illinois (Mr. DAVIS) this legislation. it is my pleasure to yield such time as each will control 20 minutes. Mr. STUPAK. I thank the gentleman he may consume to the gentleman The Chair recognizes the gentle- for yielding me this time. from Arkansas (Mr. ROSS). woman from Virginia (Mrs. JO ANN Mr. Speaker, I am pleased to offer Mr. ROSS. Mr. Speaker, I rise in sup- DAVIS). H.R. 1374, to designate the United port of H.R. 1374, to designate a post of- GENERAL LEAVE States Post Office in Lake Linden, fice in Lake Linden, Michigan, as the Mrs. JO ANN DAVIS of Virginia. Mr. Michigan, as the Philip E. Ruppe Post Philip E. Ruppe Post Office Building. I Speaker, I ask unanimous consent that Office Building. am always satisfied when we honor a all Members may have 5 legislative Mr. Ruppe, as has been noted, became former colleague. days to revise and extend their re- a Member of the United States House However, we should also be working marks on the bill under consideration. of Representatives on January 3, 1967, to protect the Social Security trust The SPEAKER pro tempore. Is there and served until January 3, 1979. Phil fund from being raided. As we debate objection to the request of the gentle- Ruppe was born in Laurium, Michigan, H.R. 1374, a good bill that will benefit woman from Virginia? on September 29, 1926, where his family hundreds or maybe thousands of Amer- There was no objection. has lived since the 1870s. icans, we should also think about the Mrs. JO ANN DAVIS of Virginia. Mr. Mr. Ruppe married the former Loret millions of Americans who currently Speaker, I yield myself such time as I Miller and she went on to serve as di- survive only on a Social Security in- may consume. rector of the Peace Corps and Ambas- come, like my 91-year-old grandmother H.R. 1374, introduced by the distin- sador to Norway. Phil and Loret taught back home in Prescott, Arkansas, who guished gentleman from Michigan (Mr. their daughters the intrinsic value of lives from Social Security check to So- STUPAK), designates the facility of the public service. Unfortunately, Mr. cial Security check. Do they not de- United States Postal Service located at Speaker, Loret Ruppe passed away in serve to live their latter years with 600 Calumet Street in Lake Linden, 1996. dignity? Michigan, as the Philip E. Ruppe Post Throughout his lifetime, Mr. Phil If we continue to pass fiscally irre- Office Building. Ruppe was a community leader and sponsible legislation that raids the So- Mr. Speaker, Philip Ruppe was first businessman in the Keewanaw Penin- cial Security trust fund, when will it elected to the United States House of sula located in Michigan’s Upper Pe- be before their benefits are cut? Some- Representatives from Michigan’s Upper ninsula. Besides serving this country time between 2011 and 2016, we are Peninsula in 1966 and served with dis- as a legislator, Phil Ruppe served his going to have more people earning So- tinction until 1979. Prior to his con- country as a lieutenant in the United cial Security benefits than paying into gressional service, Mr. Ruppe served in States Navy during the Korean con- the Social Security system. Everyone the United States Navy during the Ko- flict. agrees that by 2041, Social Security as rean War. While in Congress, Mr. Ruppe was de- we know it today is broke. Mr. Ruppe, with his long family his- voted to the concerns of the people of My grandparents left an America a tory in Michigan, has contributed to northern Michigan and was a member, little bit better than they found for my his community as an active civic lead- as has been noted, of the Merchant Ma- parents. And my parents left us a little er and respected businessman. He rine and Fisheries Committee and the bit better country than they found for brought this leadership and concern Interior and Insular Affairs Com- us. I think we owe it to our children from northern Michigan to the Mer- mittee. One of his legislative achieve- and our grandchildren to ensure that chant Marine and Fisheries Committee ments included establishing the Father we live the kind of life and make the and the Interior and Insular Affairs Marquette National Memorial near St. kind of decisions, the kind of respon- Committee where he served as the Ignace, Michigan. Mr. Ruppe was de- sible decisions, sometimes difficult as ranking member. voted to constituent and economic de- they may be, but we must do those H1296 CONGRESSIONAL RECORD — HOUSE April 16, 2002 things to ensure that we leave this One of the things that has made Statehood Award, serving as a Goodwill Am- country just a little bit better off than America strong is the fact that we bassador for the United States, and receiving we found it for our kids and our have always been able to rely upon the Honor Cross for Science and the Arts, grandkids. some assistance in our old age. We First Class, one of Austria’s highest decora- What about the millions of baby tions; have always known, after we passed Whereas Lionel Hampton is one of the boomers who will soon retire? Again, the legislation, that when it came to a most recorded artists in the history of jazz; between 2011 and 2016 we will have certain period of time, you could look Whereas Lionel Hampton has opened doors more people earning Social Security forward to having some help, you could for aspiring musicians throughout the world, benefits than those paying into the know that you had a Social Security many of whom have established themselves system. By 2041, Social Security as we check coming. You could just rely upon as giants in the world of jazz, including Cat know it today is broke. And guess it and know that it was there. Anderson, Terrance Blanchard, Clifford what? That is assuming that the tril- I would hope that as we name these Brown, Conte Candoli, Pete Candoli, Betty Carter, Ray Charles, Nat ‘‘King’’ Cole, Bing lion dollars plus that has been bor- post offices in memory of Americans rowed from the Social Security system, Crosby, Art Farmer, Carl Fontana, Aretha who have made great contributions, Franklin, Benny Golson, Al Grey, Slide with no provision on how it ever gets that we also keep in mind that we need Hampton, Joe Henderson, Quincy Jones, paid back, is paid back by 2041. to keep the tradition of Social Secu- Bradford Marsalis, Wes Montgomery, James It is time that we stop raiding the rity being available alive, well and Moody, Fats Navarro, Joe Newman, Nicholas Social Security trust fund. That is why healthy. Payton, Benny Powell, Buddy Tate, Clark the first bill I filed as a Member of Mr. Speaker, I yield back the balance Terry, Stanley Turrentine, Dinah Wash- Congress was a bill to tell the politi- of my time. ington, and Joe Williams, among others; Whereas Lionel Hampton has worked to cians in Washington to keep their Mrs. JO ANN DAVIS of Virginia. Mr. hands off the Social Security and Medi- perpetuate the art form of jazz by offering Speaker, I yield myself such time as I his talent, inspiration, and production acu- care trust fund. may consume. I hope that when those retirees who men to the University of Idaho since 1983, Mr. Speaker, I urge adoption of this and in 1985, when the University of Idaho go to the Philip E. Ruppe Post Office worthy measure honoring one of our named its school of music after him, Lionel expecting to pick up a Social Security former colleagues. Hampton became the first jazz musician to check in a few years, I hope they are Mr. Speaker, I yield back the balance have both a music school and a jazz festival not left with an empty promise. I hope of my time. named in his honor; they have a Social Security check in Whereas Lionel Hampton has received The SPEAKER pro tempore (Mr. their post office building just as our many national accolades, awards, and com- seniors do today, a check that many of PENCE). The question is on the motion memorations, including an American Jazz them live on from paycheck to pay- offered by the gentlewoman from Vir- Masters Fellowship from the National En- check. ginia (Mrs. JO ANN DAVIS) that the dowment for the Arts, Kennedy Center Hon- Let us pass this bill, but let us quit House suspend the rules and pass the ors, and a National Medal of Arts; bill, H.R. 1374. Whereas Lionel Hampton has received nu- raiding the Social Security trust fund merous awards and commendations by local Mr. DAVIS of Illinois. Mr. Speaker, I The question was taken. The SPEAKER pro tempore. In the and State governments and has received ac- yield such time as he may consume to knowledgment from hundreds of civic and the gentleman from Michigan (Mr. opinion of the Chair, two-thirds of performance groups; CONYERS), the dean of the Congres- those present have voted in the affirm- Whereas Lionel Hampton’s legacy of inspi- sional Black Caucus. ative. ration, education, and excellence will be per- Mr. CONYERS. Mr. Speaker, I am Mrs. JO ANN DAVIS of Virginia. Mr. petuated by the development of the Lionel pleased that the ranking member, the Speaker, on that I demand the yeas Hampton Center at the University of Idaho, gentleman from Illinois (Mr. DAVIS) and nays. a facility that combines the finest in per- would allow me some time, because I The yeas and nays were ordered. formance, scholarship, and research; The SPEAKER pro tempore. Pursu- Whereas Lionel Hampton has made a dif- knew Phil Ruppe and worked with him. ference in many lives by inspiring so many He was a real gentleman, a collegial ant to clause 8 of rule XX and the who have now become jazz greats, by rein- Member of Congress. We worked on Chair’s prior announcement, further forcing the importance of education at all many projects together. I also wanted proceedings on this motion will be levels, and by showing the world a way of life to raise the memory of his wife, Loret postponed. where love and talent are shared without reservation: Now, therefore, be it Ruppe, who was a former head of the f Peace Corps and an Ambassador to Resolved by the Senate (the House of Rep- Norway as well. I do not think it has EXTENDING BIRTHDAY GREETINGS resentatives concurring), That the Congress, on behalf of the American people, extends its ever been done before, but if ever there AND BEST WISHES TO LIONEL HAMPTON birthday greetings and best wishes to Lionel was a case for naming this Federal fa- Hampton on the occasion of his 94th birth- cility after both a husband and wife, Mr. OTTER. Mr. Speaker, I move to day. this would be it. Unfortunately, she is suspend the rules and concur in the The SPEAKER pro tempore. Pursu- deceased but those of us who remember Senate concurrent resolution (S. Con. ant to the rule, the gentleman from this great couple from Michigan will Res. 101) extending birthday greetings Idaho (Mr. OTTER) and the gentleman remember and think very highly of the and best wishes to Lionel Hampton on from Illinois (Mr. DAVIS) each will con- very appropriate memorialization of a the occasion of his 94th birthday. trol 20 minutes. building in their honor. The Clerk read as follows: The Chair recognizes the gentleman b 1430 S. CON. RES. 101 from Idaho (Mr. OTTER). Mr. DAVIS of Illinois. Mr. Speaker, I Whereas Lionel Hampton is regarded inter- GENERAL LEAVE yield myself such time as I may con- nationally as one of the greatest jazz musi- Mr. OTTER. Mr. Speaker, I ask unan- cians of all time and has shared his talents imous consent that all Members may sume. with the world for more than eight decades; Mr. Speaker, I certainly want to Whereas Lionel Hampton has consistently have 5 legislative days within which to thank the gentleman from Michigan exemplified acceptance, tolerance, and the revise and extend their remarks on S. for his fond memories of Mr. Ruppe and celebration of racial and cultural diversity, Con. Res. 101. the fact that we are naming this postal by being one of the first black musicians to The SPEAKER pro tempore. Is there facility for him. perform in venues and events previously objection to the request of the gen- People often wonder why it is that open only to white performers, including per- tleman from Idaho? you are naming Federal buildings and formances with the Benny Goodman Quartet There was no objection. why you are naming post offices and from 1936–1940, and as the first black musi- Mr. OTTER. Mr. Speaker, I yield my- how important is this. Well, it is im- cian to perform for a presidential inaugura- self such time as I may consume. tion, that of Harry S Truman in 1949; portant because people who have made Whereas Lionel Hampton has furthered the Mr. Speaker, I am pleased to have America, who have made America cause of cultural understanding and inter- the House consider Senate Concurrent strong, ought to in fact be remem- national communication, receiving a Papal Resolution 101, a resolution introduced bered. Medallion from Pope Pius XII, the Israel by my colleague, Senator LARRY CRAIG April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1297 from Idaho. This resolution is virtually truly been blessed, not only with the and First Lady HILLARY RODHAM CLIN- identical to its House version, House gift of playing music, but also the abil- TON at the White House. Concurrent Resolution 363, introduced ity to communicate his love of music Lionel Hampton is a beloved classic by my distinguished colleague, the gen- to so many.’’ in American jazz and popular music, tleman from Michigan (Mr. CONYERS). Mr. Speaker, it is appropriate that and I join with the gentleman from This resolution extends birthday the House recognize the dedicated and Michigan (Mr. CONYERS) and others in wishes to Lionel Hampton, the undis- outstanding accomplishments of Lionel both the House and Senate as sponsors puted ‘‘King of the Vibraphone.’’ Lio- Hampton today. He improved the lives of this resolution in congratulating nel Hampton, whose enduring contribu- of all who have heard and been touched Lionel Hampton on his 94th birthday. I tions as an extraordinary musician and by his love for jazz and his musical tal- thank him for his contribution to artistic achievements symbolize the ent. international music. impact that he has had on jazz and that Mr. Speaker, I ask all Members to Mr. OTTER. Mr. Speaker, I continue jazz music has had on our culture. support this resolution. to reserve the balance of my time. Happy birthday, Lionel Hampton. Mr. Speaker, I reserve the balance of Mr. DAVIS of Illinois. Mr. Speaker, Mr. Speaker, Lionel Hampton has de- my time. it is my pleasure to yield such time as voted his life to the love and the belief Mr. DAVIS of Illinois. Mr. Speaker, I he may consume to the gentleman in jazz and music and education. Lionel yield myself such time as I may con- from Hawaii (Mr. ABERCROMBIE). Hampton has stated, ‘‘Nothing is more sume. Mr. ABERCROMBIE. Mr. Speaker, I important than doing something that Mr. Speaker, I am pleased to join thank the gentleman for yielding me you like, and that’s jazz music. My with the gentleman from Idaho in con- time. Mr. Speaker, my remarks today are heart and my soul are in jazz.’’ sideration of this resolution. of a personal nature because I expect Mr. Hampton was born in Louisville, Lionel Hampton is an internationally that the relationship that most of us Kentucky, on April 20, 1908. In the acclaimed jazz artist and undisputed have to Lionel Hampton is in fact per- 1930s, Lionel Hampton’s musical career King of the Vibraphone. Lionel Hamp- ton, who began his career as a drum- sonal. hit its stride when he began playing I recall very clearly I think almost mer, has been thrilling individuals like with such musical luminaries as Louis the first moment that I became aware the gentleman from Michigan (Mr. Armstrong and Benny Goodman. Lio- of what was in fact America’s contribu- CONYERS) with his music for well over nel Hampton formed his own band in tion to the music of the world, jazz, 50 years. the early 1940s, writing top-of-the- when I inadvertently one afternoon Hampton’s idol during his early years chart sellers, including his signature was at a friend’s house, and, com- was drummer Jimmy Bertrand, and tune, ‘‘Flying Home.’’ Lionel Hampton pletely without knowledge of what ex- drums became Lionel’s first instru- was the first black musician to perform actly I was doing, I had recently taken ment. However, Hampton so impressed for a Presidential inauguration, that of up the trumpet, and the gentleman Louis Armstrong that he invited the Harry S. Truman in 1949. from Michigan (Mr. CONYERS) is laugh- young drummer to join his big band In his lifetime, Mr. Speaker, Lionel ing at the moment because he knows Hampton has received numerous pres- rhythm section for a recording session. when I say ‘‘taken up the trumpet,’’ I tigious awards. These include the title During a session break, Armstrong had just picked it up, because I was not of American Goodwill Ambassador be- pointed to a set of vibes at the back of able to do much more than that. I was stowed on him by President Eisen- his studio and asked Hampton if he a living example of ambition over tech- hower and President Nixon, along with knew how to play them. Taking up the nique and talent, and I can see that the Papal Medal from Pope Paul I. challenge, Lionel, who was well that relates then to a lot of Members President George H.W. Bush appointed schooled in his keyboard studies, here. him to the Board of the Kennedy Cen- picked up the mallets and said he But what had happened was I saw ter, and President Clinton awarded him would give it a go. Of course, the rest something that said ‘‘Carnegie Hall the National Medal of Arts in 1992. is history. Concert, 1938, Benny Goodman Orches- Lionel Hampton branched out in his In 1936, Benny Goodman signed Lio- tra,’’ and I had no idea at that time as musical career by running his own pub- nel Hampton to form the Benny Good- a little boy what that might involve. lishing companies and his own record man Quartet. The Quartet made his- For those who are familiar with it, label. In the 1980s, Lionel Hampton tory, not only for its great history, but this was the concert that was made al- founded the Lionel Hampton Develop- because they were the first racially in- most as an afterthought, with a single ment Corporation, which was respon- tegrated group of jazz musicians. overhead microphone, tape that was in sible for building two multi-million- In the 1940s, Lionel Hampton formed Benny Goodman’s closet for many dollar apartment complexes in Harlem. his own big band, the Lionel Hampton years, finally found it, and that was In 1985, the Lionel Hampton Jazz Fes- Quartet. ‘‘Sunny Side of the Street’’ when the quartet that the gentleman tival was launched at the University of and ‘‘Central Avenue Breakdown’’ are from Illinois (Mr. DAVIS) cited, the Idaho in Moscow, Idaho. The festival two of his most highly successful first integrated quartet, not integrated has become a nationally acclaimed records. He flew to the top of the in terms of musicians, integrated in event, featuring 4 days of concerts, charts with his recording of ‘‘Flying terms of America’s true voice of jazz, clinics, and student competitions. In Home’’ in 1942 and ‘‘Hamp’s Boogie- with white and black musicians, had 1987, the music school at the Univer- Woogie’’ in 1943. been gathered together, with Teddy sity of Idaho was named the Lionel Many now-famous musicians and Wilson on piano and Gene Kruppa on Hampton School of Music, becoming singers had their start with the Lionel drums, and, of course, Benny Goodman the first musical school of a university Hampton Orchestra. Among these were playing the lead in the quartet on clar- to be named for a jazz musician. Lionel Quincy Jones, Cat Anderson, Diana inet and Lionel Hampton on the vibes. Hampton has stated that this event Washington, Joe Williams, and Aretha When I heard that quartet playing, I was the highlight of his distinguished Franklin. had never heard anything like it in my career. Hampton has received innumerable life. It is so vivid in my mind, even now I might also state, Mr. Speaker, that prestigious awards over the years. He as I am speaking. And it is an emo- Lionel Hampton created more than was bestowed the title of Official tional experience, because we have cer- just a school of music, because that in- American Goodwill Ambassador by tain transcendent moments in our stitution today has become a cultural Presidents Eisenhower and Nixon, the lives, and that was not just one of center for celebrating the diversities Papal Medal from Pope Paul I, and the them, but perhaps one that most that we have in race, in creed, and in Gold Medal of Paris, France’s highest formed the world for me, a world view social life and also in music. cultural award. In 1992 he received the at the time, as to what was possible. We honor Lionel Hampton on his up- highly coveted Kennedy Center Honors The excitement of it, the vitality of it, coming 94th birthday on April 20, be- Award, and in 1997 he received the Na- the vividness of the playing, the exu- cause Lionel Hampton is, in the words tional Medal of the Arts, bestowed by berance, it was everything and any- of David Friesen, ‘‘. . . a man that has President William Jefferson Clinton thing that could be expected and hoped H1298 CONGRESSIONAL RECORD — HOUSE April 16, 2002 for in American music and, by exten- versal language, and it is my pleasure National Public Radio did a profile sion then, our gift, as I said before, to to yield such time as he might con- on Lionel Hampton, and I am going to the world. sume to the gentleman from Michigan include it in my remarks. It details all Lionel Hampton was a particularly (Mr. CONYERS), one who is known as a of the people that have been connected meaningful part of that, because, along culturist, but also an impresario him- with this great musician. with Gene Kruppa on the drums, I do self. Now, it is only appropriate to men- not think you can find, except perhaps (Mr. CONYERS asked and was given tion that he was not the first great jazz in the hero of both of them, Louis Arm- permission to revise and extend re- vibraphonist. As a matter of fact, Red strong, anyone in jazz more enthusi- marks.) Norvo was the first person to popu- astic, more full of life, more expressive Mr. CONYERS. Mr. Speaker, I thank larize that instrument. But his enthu- of the innate vitality of jazz, than Gene the gentleman from Illinois (Mr. siasm and his learning of music, be- Kruppa and Lionel Hampton playing DAVIS), the ranking member of the sub- cause he was originally a drummer, but together; and that excited me as a committee for yielding me this time, he studied piano, as has been indicated, young boy. It motivated me in trying and I thank the gentleman from Idaho but he laid the groundwork for the to do the best I could with that trum- (Mr. OTTER), the chairman of the sub- greatest jazz bebop vibraphonist, Milt pet, becoming involved in a jazz band committee. Jackson, the late Milt Jackson, who in high school; and I cannot think, as I I am delighted to be here, because was at his birthday, another birthday look back and I try to recall in my life Lionel Hampton is coming to the Cap- celebration in New York, and he came to this point, of a single minute, a sin- itol tomorrow and I am hoping that a to pay tribute. Bill Cosby was there, gle moment, when I was not happy number of us will be able to celebrate, who was another great jazz aficionado. playing music, that it did not give me not just his birthday, but his life and Mr. Speaker, it is just a marvelous a sense of self that was always by defi- works. The gentleman from Idaho and thing that we here in the House and in nition optimistic, I can tell my col- a number of people from the University the Senate would collaborate to get leagues, if they ever heard me play. of Idaho will be here and we will be this resolution out just in time for Lio- able to see and enjoy the company of b 1445 nel Hampton to make his appearance this great legend. on the Hill tomorrow. I had a great tone, though. That was Now, some wonder why on earth So I congratulate the committee for the thing. If only Hampton heard it, he would a university in Moscow, Idaho, its expeditious work, and I look for- would have said, kid, you got a great of all places, decide to name its insti- ward to presenting this resolution to tone; too bad you missed out on the tution after Lionel Hampton. Well, I Lionel Hampton tomorrow. talent part. I cannot think of a single am glad that question was asked, be- BIOGRAPHY moment when I was not happy, not be- cause years ago, and I think it was in There is some confusion about the year of cause I had any ambition to play the the 1930s, someone there used to call Lionel Hampton’s birth, which has some- way that Hampton and Krupa and Lionel Hampton and beg him to either times been given as 1908. Around 1916 he Goodman and Wilson played, but that come in or send jazz musicians and Lio- moved with his family to Chicago, where he that was my way of sharing with them nel Hampton would always come out to began his career playing drums in various the creative instinct that is in all of us Idaho. And gradually, over the years, lesser bands. In the late 1920s he was based in and which had been freed in all of us by the jazz department, the music depart- Culver City, California, where he worked in Lionel Hampton and all of the pioneers ment began to grow, because no one clubs and took part in several recording ses- sions (1930) with Louis Armstrong, who en- of jazz in this country. could figure out why all of these people It is fitting, of course, that we cele- couraged him to take up vibraphone. Hamp- were flying in from New York and Los ton soon became the leading jazz performer brate this today because Lionel Hamp- Angeles to celebrate with the Univer- on this instrument, and achieved wide rec- ton is, of course, approaching almost a sity of Idaho. Lionel Hampton would ognition through his many film appearances century. He has achieved iconic status, either go himself or, if he could not go, with Les Hite’s band. After playing infor- and for good reason, because that tal- he would send someone, and the school mally with Benny Goodman in 1936 he began ent and that liveliness and that exu- has become one of the famous music in- to work in Goodman’s small ensembles, with berance for life and for his music has stitutions that grants degrees in the which he performed and recorded regularly been carried over into every venue in country. until 1940; as a result he became one of the which he has exposed himself to the So with this American music called most celebrated figures of the swing period, American public and, in fact, the and his resounding success allowed him to jazz came the references that were form his own big band in 1940. world. If there is anything that charac- made by my colleague about how the This group, which at times has included terizes Lionel Hampton, and for those social, musical, religious and racial di- musicians of the stature of Cat Anderson, Il- who have not had the opportunity to versity grew up in that State and out linois Jacquet, Clifford Brown, and Quincy see him in person, to listen to him in of that university, and now it brings in Jones, has been one of the most long-lived person, they have missed out on one of people from all over the world. I was and consistently popular large ensembles in the greatest experiences of life. There privileged to be there one year myself. jazz. From the 1950s Hampton undertook nu- is no one in music, there is no one in So this is a wonderful occasion. I am merous ‘‘goodwill’’ tours to Europe, Japan, life that exudes more of the core of cre- confident that this resolution will be Australia, Africa, the Middle East, and else- where, and made a large number of television ativity and what it means to be a unanimously supported by the Mem- appearances, attracting a huge and enthusi- human being in terms of that cre- bers. I just wanted to add a comment astic international following. ativity than Lionel Hampton. about Lionel Hampton the musician, Hampton performed in the Royal Festival I want to conclude, Mr. Speaker, by the human being, because he is one of Hall, London, in 1957, and played at the saying that we, as a species, differen- the warmest, most outgoing people White House for President Carter in 1978; tiate ourselves from all of the other that one could have ever hoped to during the same year he formed his own species on the earth by our ability to meet, and when he performs, it is like record label, Who’s Who in Jazz, to issue reflect and our ability to imagine. As I he has to put everything into every mainstream recordings. In the mid 1980s his band continued to draw capacity crowds reflect on this life force called Lionel performance. Every performance is his throughout the world. Hampton was honored Hampton, and as I reflect on the capac- best; complete, exhaustive, exuberant. as alumnus of the year by the University of ity to create that he exemplifies, I can He goes up and down the aisles and out Southern California in 1983. think of no greater example of what it into the street and anywhere else, and Hampton was not the first jazz musician to means to be a good and true human his music is infectious. Everybody goes take up vibraphone (Red Norvo had preceded being and creative person, a life force along with it. him in the late 1920s), but it was he who gave of which we can all be proud to have As the gentleman from Hawaii was the instrument an identity in jazz, applying mentioning about the epiphany that a wide range of attacks and generating re- known musically and to be able to markable swing on an instrument otherwise honor today. can occur when one listens to great known for its bland, disembodied sound. Un- Mr. OTTER: Mr. Speaker, I reserve jazz, and Lionel Hampton, when we doubtedly his best work was done with the the balance of my time. think of all of the people that he has Goodman Quartet from 1936–1940, when he re- Mr. DAVIS of Illinois. Mr. Speaker, I been associated with that came out of vealed a fine ear for small-ensemble improvi- have been told that music is a uni- his group, we understand why. sation and an unrestrained, ebullient manner April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1299

as a soloist. The big band format was prob- their start with Lionel Hampton are Quincy (2) RETURNS POSITIONS.—The amendment ably better suited to the display of his flam- Jones, Wes Montgomery, Clark Terry, Cat made by this section also shall apply to any boyant personality and flair for showman- Anderson, Ernie Royal, Joe Newman, Fats taxable year beginning before January 1, ship, but after a few early successes, espe- Navarro, Charlie Mingus, Al Grey, Art Farm- 2002, for which the taxpayer— cially the riff tunes Flying Home, Down er, and, of course, the singers: Dinah Wash- (A) on a return filed before April 17, 2002, Home Jump, and Hey Bab-Ba-Rebop, the ington (who was discovered-and named-by limited the exclusion under section 107 of the group was too often content to repeat former Hamp while working in the powder room of Internal Revenue Code of 1986 as provided in trimuphs for its many admirers. Hampton Chicago’s Regal Theater), Joe Williams, such amendment, or has at times also appeared as singer, played Betty (Be Bop) Carter the great Aretha (B) filed a return after April 16, 2002. drums with enormous vitality, and per- Franklin, among others. (3) OTHER YEARS BEFORE 2002.—Except as formed with curious success asa pianist, Mr. DAVIS of Illinois. Mr. Speaker, I provided in paragraph (2), notwithstanding using only two fingers in the manner of yield back the balance of my time, and any prior regulation, revenue ruling, or vibraphrone mallets. other guidance issued by the Internal Rev- Lionel Hampton, former Presidential ap- I urge passage of this resolution. enue Service, no person shall be subject to pointed Ambassador of Goodwill, the holder Mr. OTTER. Mr. Speaker, far be it the limitations added to section 107 of such of over 15 Honorary Doctor of Music Degrees, for me to add to the eloquence of the Code by this Act for any taxable year begin- awarded the highest honors from the Ken- gentleman from Michigan, but I would ning before January 1, 2002. nedy Center of the Performing Arts and, the just say that Lionel Hampton has been The SPEAKER pro tempore. Pursu- National Commission On The Endowment for a groundbreaker throughout his career, ant to the rule, the gentleman from the Arts, was recently honored at the White throughout his life. He has been an House in August 1998 in celebration of his Minnesota (Mr. RAMSTAD) and the gen- 90th birthday. This musical legend has been internationally acclaimed giant of tleman from North Dakota (Mr. POM- the Co-Honorary Chairman of the Inter- music, and because he is an inter- EROY) each will control 20 minutes. national Agency for Minority Artist Affairs nationally acclaimed giant of music, The Chair recognizes the gentleman (IAMAA) since 1978. Not only a musician, he has an been internationally ac- from Minnesota (Mr. RAMSTAD). Lionel Hampton is a businessman and, has claimed giant of communication, be- Mr. RAMSTAD. Mr. Speaker, I yield developed housing projects across this nation cause we find many times in music one myself such time as I may consume. and, is a leading philanthropist for commu- voice and we find one spirit, and that is Mr. Speaker, in one of the most obvi- nity-based initiatives. ous cases of judicial overreach in re- Mr. Hampton, reigning King of the Vibra- what Lionel Hampton has brought to the world. We are to celebrate his 94th cent memory, the Ninth Circuit Court phone for over a half a century, begain his of Appeals in San Francisco is poised musical career as a drummer. Born in Bir- birthday. mingham, Alabama in 1908, he spent most of Mr. Speaker, I would ask in closing to inflict a devastating tax increase on his childhood in Kenosha, Wisconsin, where that all Members support this resolu- America’s clergy. Unless Congress acts he first studied music under very strict Do- tion. quickly, the 81-year-old housing tax ex- minican nuns. His tools then were Louis Mr. Speaker, I yield back the balance clusion for members of the clergy will Armstrong and a drummer named Jimmy be struck down by judicial overreach of my time. Bertrand, who tossed his sticks in the air as on the part of America’s most reversed The SPEAKER pro tempore (Mr. lights blinked from inside his bass drum (a and most activist circuit court. style Hamp still uses today in some of his PENCE). The question is on the motion The focus of this court’s attack is a shows). offered by the gentleman from Idaho long-standing clergy housing allow- In 1930, Lionel finally got to meet Louis (Mr. OTTER) that the House suspend the ance. Dating back to 1921 and recodi- Armstrong. Playing in a backup band for rules and concur in the Senate concur- ‘‘Satchmo’’ at a nightclub in L.A. Hamp so fied in 1954 in section 107 of the Tax rent resolution, S. Con. Res. 101. Code, this allowance prevents clergy impressed Louis that he invited him to a re- The question was taken; and (two- cording session. Armstrong spotted a set of from being taxed on the portion of vibes in the studio and asked Hamp if he thirds having voted in favor thereof) their church income that is used to knew how to play them. Never one to refuse the rules were suspended and the Sen- provide their housing. This allowance a challenge, Lionel (who knew keyboards ate concurrent resolution was con- is similar to other housing provisions well) picked up the mallets. The first tune curred in. in the Tax Code offered to workers who they cut was ‘‘Memories of You,’’ a new A motion to reconsider was laid on locate in a particular area for the con- number just written by Eubie Blake, and it the table. venience of their employers, and mili- became a hit for Louis. John Hammond, tary personnel who receive a tax exclu- great jazz impresario, heard the record and f began touting Lionel’s vibes work to Benny sion for their housing. CLERGY HOUSING ALLOWANCE Clergy members of every faith and Goodman. CLARIFICATION ACT OF 2002 In August, 1936, Hammon flew out to L.A. denomination rely on the housing al- and brough Goodman in to the Paradise Club Mr. RAMSTAD. Mr. Speaker, I move lowance. Without it, America’s clergy to hear Lionel play. At that time, Benny had to suspend the rules and pass the bill face a devastating tax increase of $2.3 a trio within his big band featuring Teddy (H.R. 4156) to amend the Internal Rev- billion over the next 5 years. At a time Wilson on piano and Gene Krupa on drums. enue Code of 1986 to clarify that the when our places of worship are finan- ‘‘Next thing you know,’’ recalls Hamp, ‘‘I parsonage allowance exclusion is lim- cially strapped and struggling to serve was out there on stage jamming with these people in need, we cannot allow this great musicians. That’s one session I’ll never ited to the fair rental value of the forget’’ property, as amended. important tax provision to fall. To make a long story short, the Benny The Clerk read as follows: The case, now in the Ninth Circuit, Goodman Trio became a quartet and made H.R. 4156 Mr. Speaker, arose because of a dispute over a 1971 IRS ruling that limited the history-not only with the brilliant music Be it enacted by the Senate and House of Rep- they produced, but because they were the resentatives of the United States of America in clergy allowance to the fair rental first racially-integrated group in the nation. Congress assembled, value of the parsonage. A taxpayer in The foursome recorded ‘‘Memories of You,’’ turn challenged this limit and won in SECTION 1. SHORT TITLE. ‘‘Moonglow,’’ and ‘‘Dinah.’’ Hamp spent the tax court and the IRS appealed. But next four years with Goodman as the quartet This Act may be cited as the ‘‘Clergy Hous- ing Allowance Clarification Act of 2002’’. rather than simply considering the developed into the hottest jazz group in the issue presented in the case, which was world. SEC. 2. CLARIFICATION OF PARSONAGE ALLOW- In the early 1940’s, Lionel left Benny Good- ANCE EXCLUSION. whether the Internal Revenue Service man to form his own big band after the re- (a) IN GENERAL.—Section 107 of the Inter- had authority to limit the allowance, lease of a couple of wildly successfully RCA nal Revenue Code of 1986 is amended by in- the Ninth Circuit hijacked the case and singles under his own name: ‘‘Sunny Side of serting before the period at the end of para- turned it into a challenge of the very the Street’’ (on which he sang as well as graph (2) ‘‘and to the extent such allowance constitutionality of the housing allow- playing vibes) and ‘‘Central Avenue Break- does not exceed the fair rental value of the ance. Neither party in the case even down’’ (on which he played piano with two home, including furnishings and appur- raised the constitutionality issue or re- fingers, using them like vibes mallets.) tenances such as a garage, plus the cost of His first big band included such sidemen as utilities’’. quested the court to consider that Dexter Gordon and Illinois Jacquet, and he (b) EFFECTIVE DATE.— issue, so the Ninth Circuit, in turn, busted the charts with his recording of ‘‘Fly- (1) IN GENERAL.—The amendment made by asked for a ‘‘friend of the court’’ brief ing Home’’ in 1942 and ‘‘Hamp’s Boogie this section shall apply to taxable years be- from a law professor who happened to Woogie’’ in 1943. Among the sidemen who got ginning after December 31, 2001. believe that it was unconstitutional. H1300 CONGRESSIONAL RECORD — HOUSE April 16, 2002 b 1500 Committee on Ways and Means, Lisa effect would be to increase taxes on Mr. Speaker, this is judicial activism Rydland and Bob Winters, for their ex- clergy by $2.3 billion over the next 5 at its worst. The legislation on the emplary work. I thank Siobhan Abell, years. Churches, which already operate floor today will stop the attack on the who helped arrange this bill to be expe- on the thinnest of margins, would be housing allowance by resolving the un- dited from the office of the majority unable to offset this tax increase, and derlying issue in the tax court case. leader, the gentleman from Texas (Mr. as a result, many could actually lose H.R. 4156, the bill before us today, ARMEY), who as well deserves our grati- the services of their clergy. Rural clarifies that the housing allowance is tude. churches are especially vulnerable. limited to the fair rental value of the Finally, I thank my own tax counsel, Although many of us believe in the home, which has been common practice Karen Hope, who has worked night and constitutionality of this provision, we for decades, for 81 years. day since this issue arose, and has real- cannot tell the court how to rule. But H.R. 4156, as introduced, included a ly done a yeo-person’s work on this im- by passing this legislation, we can re- section of congressional findings and portant legislation. solve the underlying issue in the case, statement of purpose, I might add. But Mr. Speaker, I reserve the balance of and thereby protect the housing exclu- the amendment before us, Mr. Speaker, my time. sion. H.R. 4156 codifies the prior rev- deletes that section in order to accom- Mr. POMEROY. Mr. Speaker, I yield enue ruling by expressly limiting the modate the tradition that the Com- myself such time as I may consume. housing exclusion to the fair market mittee on Ways and Means normally Mr. Speaker, I want to begin by mak- rental value of the home. has; that is, not to include such lan- ing it very clear that I strongly sup- The leaders of our churches face guage in tax legislation. port this legislation, the Clergy Hous- many challenges in ministering to However, the fact that it has been de- ing Allowance Clarification Act. I want their congregations. They must cul- leted does not, let me repeat that, does to commend my friend and colleague tivate faith in a world that too often not, reflect the lack of support within on the Committee on Ways and Means, seems not to have the time or inclina- the House or among the bill’s sponsors. the gentleman from Minnesota (Mr. tion to accommodate spiritual develop- The gentleman from North Dakota RAMSTAD), for his leadership in identi- ment. They must help us grow healthy (Mr. POMEROY) has been tremendous in fying this very troubling issue and for families, avoiding the harms of alco- working with us on this legislation in a bringing it into legislative response, hol, drug abuse, domestic violence, and bipartisan way, bringing his consider- and for securing the cooperation of the other perils that can tear apart our able expertise to this important legis- majority leadership so we could con- families and communities. They must lation, and I thank the gentleman for sider this quickly as a stand-alone help us serve those who lack adequate that. Certainly there is strong support issue, and send the kind of response food, shelter, and other basic neces- among the bill’s sponsors on both sides that I know both parties in Congress sities. of the aisle for that language. will want to send. At a time when their role in all of We believe Congress clearly has the It really has been a wonderful piece this I think is appreciated more than constitutional authority to enact sec- of work by the gentleman from Min- ever, to have them have to divert pre- tion 107 of the Tax Code and the nesota (Mr. RAMSTAD), and I am really cious program dollars to pay a new tax amendments contained in H.R. 4156 very pleased to have been a part of it. bill is just completely unacceptable. that are before us today. In addition, From the earliest days of the Federal I had a very interesting roundtable we believe the Internal Revenue Serv- income tax, in the 1920s, the Tax Code meeting in North Dakota yesterday ice should provide guidance on the has allowed the clergy of all religious with a number of clergy terribly con- issue of fair rental valuation to avoid faiths to exclude their housing allow- cerned about the underlying threat to unnecessary disputes with taxpayers. I ance from taxable income. This provi- the housing allowance. North Dakota intend to work with my colleagues to sion has always been recognized not as has more churches per capita than any make sure the guidance is issued. an endorsement of any one religion, other State in the country, more than Finally, the amendment clarifies but as a reasonable accommodation of 2,000 churches, 78 percent of which are that the new fair rental value limita- all religions. located in communities of under 2,500 tion to section 107 applies prospec- The housing exclusion benefits clergy people. These are congregations just tively to the year 2002 and beyond. of all faiths, recognizing that a clergy struggling to get by. We have already Both H.R. 4156 and this amendment ex- person’s home is not just shelter, but lost 400 churches over the last several plicitly provide that for tax years be- an essential meeting place for members years, and projections are we could lose fore the effective date, the fair rental of the congregation, and also, in light another fifty in this decade. value limitation does not apply. This of the unique relationship between a I had one of the roundtable partici- language is intended to end the current pastor or a clergy member and the con- pants talk about how, when their litigation and fully resolve the matter. gregation, the distinct housing compo- daughter was born, the trustee who Mr. Speaker, again, I appreciate the nent of it is a unique feature of that re- happened to be the city accountant strong bipartisan support this legisla- lationship. said they should go down and apply for tion has received from our colleagues, Under a longstanding IRS revenue food stamps, because they were now el- with 37 cosponsors. My fellow Com- ruling, the housing exclusion is limited igible, but that was all that could be mittee on Ways and Means member and to the fair market rental value of the paid. One other minister talked about friend, the distinguished gentleman home. As the gentleman from Min- when the pledges did not come in on from North Dakota (Mr. POMEROY), the nesota (Mr. RAMSTAD) outlined, in a re- schedule, they were simply not given chief sponsor on the other side of the cent court case a taxpayer successfully their full dimension of meager salary. aisle, has been tremendous on working challenged the IRS’ authority to set And to think about laying upon these on this legislation. such a limit. congregations and these faithful serv- Mr. Speaker, I urge my colleagues to This is a case of bad facts making ants of those congregations, the pas- vote for this bipartisan legislation to bad law. When the IRS appealed that tors, this new tax bill is really com- protect America’s clergy from an un- decision, the Ninth Circuit decided not pletely unacceptable. warranted judicial attack and to pre- to limit its review to the narrow ques- One of the pastors participating gave serve the important housing allowance. tion of whether the IRS exceeded its me the tax return that he was about to Mr. Speaker, I also want to thank authority, but instead chose to con- put in the mail yesterday. It reflects the gentleman from California (Chair- sider whether the exclusion violates the combined income of him and his man THOMAS) and the majority leader, the constitutional doctrine of separa- wife, both pastors serving a church in the gentleman from Texas (Mr. tion of church and State, an issue Fargo, North Dakota. Although mak- ARMEY), for helping expedite this legis- raised by neither party nor presented ing a very modest income, the tax hit, lation. in the litigation before the court. if they lost the housing exclusion, I thank Jim Clark, chief counsel on If the housing exclusion is struck would be an additional $3,958. our Committee on Ways and Means, for down, as we can only assume the Ninth When he explained that to the chair- his work, as well as counsel on the Circuit appears to be poised to do, the man of the board of trustees as he April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1301 came out of the church to go to the I say that our courts must be re- b 1515 meeting, the response by the chairman strained from undermining American Mr. POMEROY. Mr. Speaker, I yield was, well, there goes the playground values by making law. Americans are myself such time as I may consume. equipment. In other words, this was a the most generous of people. However, In conclusion, I would just observe congregation prepared to hold harmless I doubt they will want to increase their that while this body considers many the tax burden to the clergy, but they charitable donations simply because of very complex issues, the issue before us would literally be forced to divert dol- a bad decision of a court in California. is an easy one. It is an extraordinarily lars from constructing a Sunday school In passing this bill, we are merely important issue but an easy one. Bipar- playground to send it to the IRS. providing a legislative capstone to an tisan, no-brainer. We want to continue This is not a result anybody wants. issue that everyone else in America, existing tax treatment of the housing Therefore, I believe that this legisla- except for the judges in the Ninth Cir- allowance allowed the clergy of this tion is so completely important. I cuit, presume to be current law. country, and in that regard, I urge all again commend the gentleman from I look forward to this bill being of my colleagues to vote for the legis- Minnesota (Mr. RAMSTAD) for his lead- signed into law very quickly to take lation that the gentleman from Min- ership. the case away from these nutty judges nesota (Mr. RAMSTAD) has so capably Mr. Speaker, I reserve the balance of and settle the issue for our hard-work- brought before us. my time. ing clergy. Mr. RAMSTAD. Mr. Speaker, I yield Mr. Speaker, I yield back the balance 3 minutes to my good friend, the gen- Mr. RAMSTAD. Mr. Speaker, I re- of my time. serve the balance of my time. Mr. RAMSTAD. Mr. Speaker, may I tleman from Texas (Mr. SAM JOHNSON), inquire as to how much time remains? a distinguished member of the Com- Mr. POMEROY. Mr. Speaker, I yield The SPEAKER pro tempore (Mr. mittee on Ways and Means and an im- such time as he may consume to the PENCE). The gentleman from Minnesota portant cosponsor of the bill. gentleman from Illinois (Mr. DAVIS). (Mr. SAM JOHNSON of Texas asked Mr. DAVIS of Illinois. Mr. Speaker, (Mr. RAMSTAD) has 11 minutes remain- and was given permission to revise and first of all, I want to thank the gen- ing. Mr. RAMSTAD. Mr. Speaker, I yield extend his remarks.) tleman from North Dakota (Mr. POM- Mr. SAM JOHNSON of Texas. Mr. EROY) for yielding me time. I also want myself such time as I may consume. Speaker, I am glad to be an original co- to commend the Committee on Ways I first want to thank again my dis- sponsor of the Clergy Housing Allow- and Means for bringing this legislation tinguished colleague and friend the ance Clarification Act, and I totally to us. I commend the gentleman from gentleman from North Dakota (Mr. POMEROY) for his excellent work on agree with what the gentleman from Minnesota (Mr. RAMSTAD) for the lead- this legislation and strong bipartisan North Dakota (Mr. POMEROY) just ership that he has provided. support. I want to thank the gen- elaborated on. I am sorry that the Mr. Speaker, I rise in support of H.R. tleman from Texas (Mr. SAM JOHNSON) Ninth Circuit Court of Appeals has 4156, the Clergy Housing Allowance and the gentleman from Illinois (Mr. made our actions today necessary. Clarification Act of 2002. Regarding the DAVIS) for their supportive statements Their motives are unreasonable, uncon- U.S. Tax Court ruling that occurred in here today and their cosponsorship, as scionable, and unnerving, at best. May of 2000 in the Warren versus Com- well as the 35 other cosponsors. We must act quickly on this bill to missioner case about a well-established I certainly want to again thank the preserve the parsonage allowance that Internal Revenue Service decision to gentleman from California (Mr. THOM- members of the clergy receive as part limit the amount of income that a AS) and the gentleman from Texas (Mr. of their compensation. For thousands member of the clergy could exclude ARMEY), the majority leader, for help- of years, churches, temples, mosques, from taxable income for a housing al- ing us expedite this legislation to get it and synagogues have provided housing lowance, the IRS appealed this decision to the floor in such rapid fashion. I also to members of their clergy. It makes to the Ninth U.S. Circuit Court con- want to thank the staff of the gen- complete sense that these benefits are cerning their authority to limit the tax tleman from California (Mr. THOMAS) not taxed. allowance for fair market rental value of our Committee on Ways and Means, Since 1921, the parsonage allowance of a home, and to allow the court to re- as well as the gentleman from Texas has been considered exempt from the view the constitutionality of the hous- (Mr. ARMEY’s) staff for working with United States income tax system. The ing allowance tax-exemption for mem- my chief tax counsel, Karin Hope, on problem is that the Ninth Circuit bers of the clergy. Court of Appeals has taken it upon this important legislation. I believe that members of the clergy itself to challenge the very constitu- Mr. Speaker, this legislative effort should continue this long-standing tionality of the clergy housing being on behalf of our Nation’s clergy is a practice since 1921 to exclude from tax-exempt. great example of Congress working in a Rather than simply decide the facts taxes a portion of their church income bipartisan, common sense way for a in a case that only had to do with how that is attributable to housing. Many noble purpose. That purpose is to pre- much of a minister’s salary could be clergy from every denomination rely serve the clergy housing allowance, to considered exempt, the court has gone on this tax benefit. If this housing al- stop a $2.3 billion tax increase on our way out of its way to raise this ques- lowance is not permitted, our clergy Nation’s clergy. Hundreds of thousands tion. The best I can say about this men and women could face a harsh tax of clergy from every faith and every de- issue is that at least it was not the IRS increase of $2.3 billion over the next 5 nomination urge my colleagues support this time that decided to take this years. for this bipartisan legislation. strange action. I encourage all of my colleagues to This legislation, Mr. Speaker, is im- If Congress does not act, clergy in support H.R. 4156. This legislation portant to virtually every religious this country would be faced with a tax would codify the original IRS ruling. congregation in America, to every increase, as the gentleman from North This legislation would help thousands church, every temple, every synagogue, Dakota (Mr. POMEROY) said, of roughly of clergy men and women throughout and every mosque, and I urge a strong $2.3 billion in the next few years. the Nation. bipartisan vote for this important leg- Reverend Dr. Frederick Schmidt of As one who spends a great deal of my islation to preserve the clergy housing SMU’s Perkins School of Theology, individual time near, close by, and in allowance. who lives in my district, said it best interaction with members of the cler- Mr. Speaker, I yield back the balance when he wrote me a letter stating that gy, I can tell the Members that there is of my time. not protecting the tax exemption ‘‘will no legislation that they are more con- The SPEAKER pro tempore. The drastically alter the financial well- cerned about than this issue. I would question is on the motion offered by being of many clergy, and present a fis- encourage all of my colleagues to sup- the gentleman from Minnesota (Mr. cal hurdle to religious communities port it. RAMSTAD) that the House suspend the that are ill-prepared to address that Once again, I commend the Com- rules and pass the bill, H.R. 4156, as change.’’ He calls it unconscionable mittee on Ways and Means for bringing amended. and unnerving, as well. this to us. The question was taken. H1302 CONGRESSIONAL RECORD — HOUSE April 16, 2002 The SPEAKER pro tempore. In the Chapter 12, a specialized form of bank- ate did not accept the proffer, only a opinion of the Chair, two-thirds of ruptcy relief for small family farmers mere handful of issues remain to be re- those present have voted in the affirm- for a period of eight months retro- solved. ative. active to October 1, 2001. In fact, I have scheduled a meeting of Mr. RAMSTAD. Mr. Speaker, on that Chapter 12 was enacted on a tem- the bankruptcy conferees one week I demand the yeas and nays. porary basis in 1986 and has been subse- from today for the purpose of resolving The yeas and nays were ordered. quently extended on several occasions these remaining issues. Accordingly, I The SPEAKER pro tempore. Pursu- over the years. Without question, the expect to complete the bankruptcy ant to clause 8 of rule XX and the family farmer plays a critical role in conference well before the extension of Chair’s prior announcement, further our Nation’s health and economic well- Chapter 12, effectuated by this bill, ex- proceedings on this motion will be being. Unfortunately, bad weather, ris- pires. postponed. ing energy costs, volatile marketplace H.R. 4167 is good for family farmers f conditions, competition from large because it immediately restores Chap- agri-businesses and economic forces ex- ter 12 and maintains the status quo for GENERAL LEAVE perienced by any small business affect an appropriate period of time. This bill Mr. RAMSTAD. Mr. Speaker, I ask the financial stability of some family serves to support our efforts in resolv- unanimous consent that all Members farmers. ing the pending bankruptcy conference may have 5 legislative days within Although Chapter 12 addresses the which when completed and enacted will which to revise and extend their re- special needs of family farmers, it is provide even more protection for fam- marks and include extraneous mate- utilized infrequently. While total bank- ily farmers. rials on H.R. 4156. ruptcy filings in each of the past 6 Accordingly, I urge my colleagues to The SPEAKER pro tempore. Is there years surpassed more than a million support H.R. 4167. objection to the request of the gen- cases, the number of Chapter 12 cases Mr. Speaker, I reserve the balance of tleman from Minnesota? has exceeded 1,000 on only one occa- my time. There was no objection. sion, and that was back in 1996. In the Mr. ROSS. Mr. Speaker, I yield my- self such time as I may consume. f absence of Chapter 12, family farmers may apply for relief under the bank- This bill today is important to my FAMILY FARMER BANKRUPTCY ruptcy code’s other alternative, al- congressional district back home in EXTENSION ACT though these generally do not work rural Arkansas, and quite frankly, it is Mr. SENSENBRENNER. Mr. Speak- quite as well for farmers as Chapter 12. important to farm families all across er, I move to suspend the rules and As my colleagues know, I have con- America. Family farmers injured by pass the bill (H.R. 4167) to extend for 8 sistently supported prior efforts to ex- low commodity prices are being held additional months the period for which tend Chapter 12 in this Congress. In ad- hostage by the lack of certainty of chapter 12 of title 11 of the United dition, I have supported a provision in- whether or not Chapter 12 is going to States Code is reenacted. cluded in both the House and Senate be there for them. The Clerk read as follows: versions of H.R. 333, the Bankruptcy Just last week, the House and Senate Abuse Prevention and Consumer Pro- both voted to make Chapter 12 perma- H.R. 4167 tection Act, that would make Chapter nent through bankruptcy reform legis- Be it enacted by the Senate and House of Rep- 12 a permanent component of the bank- lation. Yet that legislation remains in resentatives of the United States of America in conference committee, and it is an Congress assembled, ruptcy code. H.R. 333 is currently in conference. issue that has been going on since 1997, SECTION 1. AMENDMENTS. As the chairman of the bankruptcy and I do not know that it is going to be Section 149 of title I of division C of Public resolved anytime soon. Law 105–277, as amended by Public Laws 106– conference, I am pleased to report that 5, 106–70, 107–8, and 107–17, is amended— the anticipated bankruptcy conference I support bankruptcy reform. As a (1) by striking ‘‘October 1, 2001’’ each place report will likely include a series of member of the House Committee on Fi- it appears and inserting ‘‘June 1, 2002’’; and other provisions that will give family nancial Services, I have fought hard to (2) in subsection (a)— farmers even more enhanced protec- see that bill to the floor. I fought hard (A) by striking ‘‘May 31, 2001’’ and insert- tions under Chapter 12. These farmer- to see it passed on the floor of the ing ‘‘September 30, 2001’’; and friendly provisions were included in the United States House of Representa- (B) by striking ‘‘June 1, 2001’’ and inserting bankruptcy conference as part of com- tives, and I am as frustrated as anyone ‘‘October 1, 2001’’. plex and an extensively negotiable ef- else that we have been trying to get SEC. 2. EFFECTIVE DATE. fort. bankruptcy reform since 1997, and yet The amendments made by section 1 shall it remains in the conference committee take effect on October 1, 2001. Specifically, the other provisions would, first, increase the debt eligi- with an awful lot of amendments at- The SPEAKER pro tempore. Pursu- bility limit and require it to be auto- tached to it that have nothing in the ant to the rule, the gentleman from matically adjusted for inflation so that world to do with bankruptcy reform, Wisconsin (Mr. SENSENBRENNER) and more family farmers would qualify for and I am perhaps a little less opti- the gentleman from Arkansas (Mr. relief under Chapter 12. mistic than the Chairman that we may ROSS) each will control 20 minutes. Second, lower the percentage of in- see bankruptcy reform come our way The Chair recognizes the gentleman come that must be derived from farm- soon. from Wisconsin (Mr. SENSENBRENNER). ing operations which would also ensure I believe the gentleman from Wis- GENERAL LEAVE that more farmers would be eligible for consin raises some very good points Mr. SENSENBRENNER. Mr. Speak- Chapter 12 than would be under current about what we need to do for our farm er, I ask unanimous consent that all law. families as it relates to Chapter 12 Members may have 5 legislative days Third, give farmers more protection bankruptcy reform, and I would, in within which to revise and extend their with respect to how they may treat the fact, offer to sign on as a Democratic remarks and include extraneous mate- claims of creditors. sponsor with him to write a bill that rial on H.R. 4167, the bill under consid- Fourth, for the first time in the his- addresses the aspects that are in the eration. tory of Chapter 12, allow certain family overall bankruptcy reform legislation The SPEAKER pro tempore. Is there fishermen to be eligible for this form of that is stuck in the conference com- objection to the request of the gen- bankruptcy relief. mittee. Let us take that, let us extract tleman from Wisconsin? Since August of last year, the House those ideas that will help our farm There was no objection. and Senate staff have been actively families out of that bill that has been Mr. SENSENBRENNER. Mr. Speak- working to resolve the differences be- around since 1997 in one form, fashion er, I yield myself such time as I may tween the respective bills. In February or the other, and let us really try to consume. of this year, House conferees sent the file a bill tomorrow that will really Mr. Speaker, I rise in support of H.R. Senate a proposed offer resolving all help, that will really help our farm 4167. This bill reenacts and extends outstanding issues. Although the Sen- families in an important way. April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1303 I think it is also important to note now and that is why this temporary fix need this legislation to be made perma- that although we have not had a lot of is so very, very important. nent, the point we made about a week farm families file Chapter 12 bank- I urge my colleagues not to delay any ago. ruptcy, I think the ability to do that further, pass the Chapter 12 bank- When Chapter 12 was enacted in 1986, has helped a lot of our farm families be ruptcy extension. Please let us pass it there were some questions whether it able to negotiate rather than simply today for our farm families, so that would work properly, so Congress made file for bankruptcy. I do not think they can do what they do best, and it temporary. The idea behind Chapter there is any dispute that Chapter 12 that is, feed America and feed much of 12 is very straightforward. Other forms has worked well in saving our farm the world. of bankruptcy relief are either too families by protecting the needs of Mr. Speaker, I yield as much time as costly or do not fit the particular cir- both our financially struggling farm he may consume to the gentleman cumstances of a family farm. If one is families as well as protecting their from Texas (Mr. SANDLIN), whose dis- out in the small hamlets and villages, creditors. trict joins mine in Texarkana. they will make that very clear. Last week I offered a motion to in- Our farmers cannot afford to con- b 1530 tinue to be left hanging out in the wind struct the conferees on the farm bill; and held hostage by bankruptcy legis- Mr. SANDLIN. Mr. Speaker, the well- and my motion to instruct, which lation that is stuck in conference com- being of family farms in America is passed overwhelmingly, asked the con- mittee. I am not opposing the bank- critical to our economy and to the ferees on the farmer bill to accept the ruptcy reform bill. I support it. I sup- American way of life. Family farmers language in the Senate bill that would ported it in the House Committee on deserve certainty in pricing. They de- make Chapter 12 of the bankruptcy Financial Services. I supported it on serve certainty in legal protections. code permanent. I do not think there is the floor of the United States House of This legislation and bankruptcy reform any controversy whatsoever that Chap- Representatives. I hope it is enacted is a part of that critical protection for ter 12 works well and that it protects and I hope it is enacted soon. American families and American farm- our family farmers who are in distress, I also hope a new farm bill is enacted ers. or that it properly balances the legiti- soon. I am on the House Committee on Last year both the House and the mate needs of financially troubled Agriculture. We wrote and passed that Senate voted to make Chapter 12 per- farmers and their creditors, and that it bill last October. It went to the Senate. manent, and yet here we sit. No deci- preserves the family farm, which is our They put some amendments on it that sion, no reform, no protection; and un- whole intent, our whole point. have really caused a lot of problems for certainty reigns supreme. We all recog- It is our hope that the farm bill con- farm families in my district. That, too, nize that it is important to protect ferees will include Chapter 12 bank- is now in conference committee. It both the family farmer and the cred- ruptcy protection in the farm bill and seems like these conference commit- itor who provides needed and necessary that we will finally be able to offer this tees are really causing a lot of havoc capital. Neither the farmer nor the to our family farmers. Chapter 12 bank- for our farm families, everything from creditors can afford endless uncer- ruptcy protection is also included in bankruptcy reform to a new farm bill. tainty. the bankruptcy bill which is currently Our farm families, they need help and Mr. Speaker, it is critical to help in conference. Again, it is my hope we they need it now. I think it is impor- farmers now. We need a legitimate are able to pass this legislation and tant to note that farm families are the farm bill that is truly pro-agriculture. that it does not remain tied up in con- backbone of our rural communities, of Additionally, we need legitimate pro- ference. Our farmers need this option; rural America, and when we lose farm tections for farmers as provided by this and I hope that we see through all of families, it has a devastating impact bill. Family farmers face uncertainty this, that we can simplify, cut to the on the economy of rural America. Un- every day; it is nothing new. Weather, chase and equip the family farms with fortunately, our farmers are under in- foreign markets, increasing competi- what they need to face the terrible sit- creasing financial pressure each year tion from big corporate farmers, the uation that was not brought on to make ends meet due to low crop list goes on and on. They should not through any fault of their own. prices, added debt simply to get their face another uncertainty. We can pre- Mr. SENSENBRENNER. Mr. Speak- crops planted and increasing competi- vent it. We can do something about it. er, I yield 2 minutes to the gentleman tion from imports from other coun- We can pass this bill. We can tell from Michigan (Mr. SMITH). tries. American farmers and their families Mr. SMITH of Michigan. Mr. Speak- We have seen that with commodities, that their well-being is important to er, this legislation is very important to with Canadian soft wood lumber. We us. farmers. I have been working on it for have even seen it with the dumping of Now this bill is not the be-all and the the last 6 years, trying to make Chap- the so-called catfish that are being end-all. It is a temporary fix; but one ter 12 permanent so farmers are not raised in cages in polluted rivers in that is critical, nevertheless. Haul this put in the predicament of kind of an Vietnam. safety net up for our farmers and their on-and-off situation, and also the bank- When Chapter 12 of the bankruptcy children. Extend Chapter 12 for 8 ruptcy courts holding pending some of code was first enacted, there was legiti- months starting on October 1 and end- those farm applications. I am glad that mate concern over whether it would ing on May 31. Let us pass this bill and we are bringing it up to date and ex- work. We now know that it has worked, support our family farmers in America. tending the Chapter 12 provisions until and there is no reason why our farmers Mr. Speaker, I thank the gentleman June 1, 2002. should have to wait to know that this from Wisconsin (Mr. SENSENBRENNER) Chapter 12 was originally enacted in safety net is there for them. Yet it has and the gentleman from Arkansas (Mr. 1986. We had a lot of farm bank- not been there for them since October ROSS) for calling attention to this issue ruptcies. There was a problem. The 1 of last year. and presenting it to us today. Our other chapters were putting farmers at We must move forward in helping our farmers deserve our attention and our a disadvantage, making them sell their farm families. This measure extends respect. equipment which made it impossible Chapter 12 for 8 months, retroactively Mr. ROSS. Mr. Speaker, I yield such for them to reorganize and start devel- starting on October 1 and ending on time as he may consume to the gen- oping the kind of farm operation that May 31. While this is only a temporary tleman from Illinois (Mr. PHELPS). could pay back some of those loans. fix, while the conference committee Mr. PHELPS. Mr. Speaker, I rise to I appreciate that this is important continues to do what they have done support H.R. 4167, which extends Chap- legislation. It is an important piece of since the mid to late 1990s and, that is, ter 12 bankruptcy protection. However, bankruptcy law. I am hopeful that we try to work out a bankruptcy reform I have concerns that this legislation can make Chapter 12 permanent as the bill that can pass both the House and will only temporarily extend Chapter chairman’s bankruptcy bill provides Senate and gain the President’s signa- 12 bankruptcy protection, by being ret- for. There are more than 12,000 farmers ture, it is desperately needed for our roactive to October 12 and extending that have filed for Chapter 12 bank- farmers, for rural America. It is needed through the end of May. Our farmers ruptcy since it went into effect in 1986, H1304 CONGRESSIONAL RECORD — HOUSE April 16, 2002 and they have been able to restructure not know what to do because they are They never came back with their own their debts without having to liquidate waiting on Chapter 12 bankruptcy pro- offer; and I have called a meeting of property. The continued low com- tection; they are waiting on a new the bankruptcy conference for Tues- modity prices, the financial stresses farm bill, both of which are tied up in day, April 23, 2002. I would like to ask facing farmers further exacerbate the conference committees. the three Democratic speakers on be- importance of extending Chapter 12. Our farm families do not need more half of Chapter 12 if they would do me Mr. Speaker, I have introduced sev- conference committees. They need a favor, and that is to write the Demo- eral bills. I would have preferred that Chapter 12 bankruptcy reform, and cratic Senate conferees and ask them we were going ahead with my bill, but they need it permanent and they need to reach an agreement on the bank- I appreciate the chairman helping to it today. They need a new farm bill ruptcy bill. make sure that this law is current for today. When that bill got gutted with If we reach that agreement, I can as- those farmers desperately needing amendments in the Senate and went to sure the gentlemen that we can bring bankruptcy protection. conference committee, in my district that bill to the floor the end of this Why is Chapter 12 so important to farm- we began to see three-, four-, and five- month or the first part of next month ers—especially small, family farmers? Chapter generation farm families selling out. and beat the farm bill conference to 12 contains special provisions that allows The price of equipment at those auc- the President’s desk. farmers to use bankruptcy laws in the manner tions dropped 35 percent overnight I regret even having to talk about that is available to others seeking bankruptcy. after those amendments were attached this because both Houses of Congress Under the bankruptcy laws, debtors must to the farm bill in the Senate and it did pass bankruptcy reform legislation only have a certain level of debt to reorganize was sent to the conference committee. in the last Congress that included a rather than liquidate. Many farmers have too The time for action on bankruptcy permanent extension of Chapter 12, and many assets to do this, primarily because of reform, the time for action on a new guess what happened? The former the value of their farm equipment—their trac- farm bill for our struggling farm fami- President, Mr. Clinton, pocket vetoed tors, plows, combines, and tools. Obviously, lies is now. I think it is important to the bill. If he had not done so, we this equipment is essential to the farm oper- note that this bill sunsets 45 days from would not be talking about this issue ation. If this equipment were used to pay off today. This is a temporary fix, and our at all. debts, how would the farmer then be able to farm families need it; but they need a Mr. ROSS. Mr. Speaker, will the gen- tleman yield? operate the farm and reconstruct the busi- long-term solution so they can con- Mr. SENSENBRENNER. I yield to ness? Chapter 12 recognizes this fact of farm tinue to do what they do best, genera- tion after generation after generation, the gentleman from Arkansas. life and lets these farmers reorganize their Mr. ROSS. Mr. Speaker, I am in the debts rather than liquidate their property. and that is simply feed America and feed the world. I am proud today to House of Representatives. I am proud Extending this provision is especially critical to be a conservative, small-town-value today. There are many farmers who have filed stand in support of our farm families. Mr. Speaker, I yield back the balance kind of Democrat that is standing be- for bankruptcy since the last Chapter 12 ex- of my time. fore the gentleman today, and I am ap- tension expired last fall. The courts are waiting Mr. SENSENBRENNER. Mr. Speak- palled that for some reason a Member for Congress to act and change the law to er, I yield myself such time as I may of the House has some control over allow these farmers to re-file under Chapter consume. what happens in a Senate conference 12. These farmers need the options available Mr. Speaker, I have been listening committee. I have no more control under Chapter 12 now. with great interest to the three speak- over the Democrats in the Senate than I have introduced legislation that would ers on behalf of my bill on the Demo- the gentleman from Wisconsin does. make Chapter 12 protection permanent, and cratic side of the aisle, and each of Mr. Speaker, I think the American working with the Gentle Lady from Wisconsin, them complained about how long the people are sick and tired of the par- TAMMY BALDWIN, I have offered many bills ex- bankruptcy conference has taken. Be- tisan bickering that goes on in the Na- tending these protections, most recently H.R. lieve me, as the chairman of that con- tion’s Capitol. It should not be what 2914. ference, I am even more frustrated makes the Republicans or Democrats Like many other Members, I am hoping that than they are because I have to deal look good or bad; it ought to be about we can free the logjam that is holding up per- with attempting to negotiate out very doing what is right and providing a manent Chapter 12 protections for farmers. I complex issues. strong, effective voice for the people understand that the House and Senate con- Mr. Speaker, let me tell the gen- who sent us here to represent them. ferees will be meeting soon on H.R. 3333, the tleman that we have made Chapter 12 Mr. SENSENBRENNER. Mr. Speak- bankruptcy reform bill. Let’s hope that an permanent in that bankruptcy con- er, absolutely. I sent an offer over to agreement can be reached soon so that we ference, and we have made it better for the Senate 2 months ago to resolve all do not have to come to the floor of the House farmers so farmers will get a better of the issues in the bankruptcy con- to extend once again a provision that should deal by having the bankruptcy con- ference. They rejected it, but they be a permanent fixture in law. ference passed and signed into law, not never came back with a counter- I would like to express my support for the only in Chapter 12, but also on the en- proposal of their own. So whatever we Gentleman for Wisconsin, Mr. SENSEN- tire economic effect of bankruptcies on send over there, they appear not to BRENNER, the Chairman of the Judiciary Com- our economy. like; but they do not have a counter- mittee, not only for this bill, but also for his ef- In the last several years, bankruptcy proposal. forts to get the other body moving on a bank- courts have written off $44 billion of One of the things I think we are sup- ruptcy reform compromise that will make debt every year, and that amounts to posed to do in reconciling bills is to go Chapter 12 permanent. $400 of additional cost of goods and back and forth until something is Mr. Speaker, Chapter 12 is critically impor- services, in effect, a $400 hidden tax on reached in the middle. I want to bring tant if we are to help family farmers maintain people all throughout this country who this matter to a head. I want to get the farms that, for many, have been in their fami- pay their bills as agreed. bankruptcy bill off the national table. lies for generations. I urge my colleagues to I think practically every farm fam- I want to get Chapter 12 made better support this very important piece of legislation. ily, let alone every other family in this and made permanent, and I want to do Mr. ROSS. Mr. Speaker, I yield my- country, would rather have that $400 in it by getting H.R. 333 passed through self such time as I may consume. their pocket rather than having to pay both Houses and signed by the Presi- Mr. Speaker, I would simply close in more for goods and services because dent of the United States. All I am support of the bill by saying that this debts have been written off. One of the doing is enlisting the gentleman’s help weekend I was driving across my con- purposes of the bankruptcy bill that we and the help of the two other speakers gressional district, as I do every week- have been dealing with has been to to write a letter to those folks over end, some 75,000 miles we traveled drive that $44 billion down so that the there and tell them to be constructive, across those 29 counties over the past hidden tax on every American family because they have not been that con- 16 months. There is a lot of row crop would not be as great as $400 a year. structive to date. land not planted because our farm fam- Last February I sent an offer to the Mr. BEREUTER. Mr. Speaker, this Member ilies do not know what to do. They do Senate conferees. They rejected it. rises today to express his support for H.R. April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1305 4167, which retroactively extends Chapter 12 the farm financial crisis of the 1980’s. It has ANNOUNCEMENT BY THE SPEAKER bankruptcy for family farms and ranches to subsequently been extended on several occa- PRO TEMPORE June 1, 2002. Chapter 12 bankruptcy expired sions. H.R. 333, the Bankruptcy Abuse Pre- The SPEAKER pro tempore. Pursu- on October 1, 2001. This legislation is very im- vention and Consumer Protection Act, would ant to clause 8 of rule XX, the Chair portant to the nation’s agriculture sector. make Chapter 12 permanent. will now put the question on motions This Member would express his apprecia- But isn’t there more we can do? Of course to suspend the rules on which further tion to the distinguished gentleman from Wis- farmers want a fail-safe net of bankruptcy in proceedings were postponed earlier consin (Mr. SENSENBRENNER), the Chairman of case they go into distress, but more than that, today. the House Judiciary Committee, for intro- they want expanded markets, and an end to Votes will be taken in the following ducing H.R. 4167. In addition, this Member the federal death tax. We stand here today order: would like to express his appreciation to the debating the merits of a bill that will aid failing H.R. 1374, by the yeas and nays; distinguished gentleman from Michigan (Mr. farms, but we can’t stop here—we must keep H.R. 4156, by the yeas and nays; and SMITH) for his efforts in getting this measure to fighting to help American farms succeed. The H.R. 4167, by the yeas and nays. the House Floor for consideration. best farmers in the world, American farmers, The Chair will reduce to 5 minutes This extension of Chapter 12 bankruptcy is want a fair chance to compete with other farm- the time for any electronic vote after supported by this Member as it allows family ers around the world and they want a legiti- the first such vote in this series. farmers to reorganize their debts as compared mate chance to make a profit. I will continue to liquidating their assets. The use of the to support Trade Promotion Authority and f Chapter 12 bankruptcy provision has been an death tax repeal to help insure that American PHILIP E. RUPPE POST OFFICE important and necessary option for family farmers have less need for the bankruptcy BUILDING farmers throughout the nation. It has allowed protections we vote to advance here today. The SPEAKER pro tempore. The family farmers to reorganize their assets in a Mr. Speaker, I support H.R. 4167 for dis- pending business is the question of sus- manner which balances the interests of credi- tressed farmers, but I urge my colleagues to pending the rules and passing the bill, tors and the future success of the involved grant the president Trade Promotion Authority H.R. 1374. farmer. so that markets for our agricultural goods will The Clerk read the title of the bill. If Chapter 12 bankruptcy provisions are not be opened from which our farmers will profit. The SPEAKER pro tempore. The extended for family farmers, it will be another I also ask that my colleagues permanently question is on the motion offered by very painful blow to an agricultural sector al- abolish the federal death tax, which is a spec- the gentlewoman from Virginia (Mrs. ready reeling from low commodity prices. Not ter that hangs over every family farmer who JO ANN DAVIS) that the House suspend only will many family farmers have no viable looks forward to passing his farm on to the the rules and pass the bill, H.R. 1374, on option other than to end their operations, but next generation. Action on these pieces of leg- which the yeas and nays are ordered. it will also cause land values to likely plunge. islation sends a message that the United The vote was taken by electronic de- Such a decrease in value of farmland will neg- States Congress recognizes the importance of vice, and there were—yeas 408, nays 0, atively affect the ability of family farmers to the hard work, pride and competitive nature of not voting 26, as follows: earn a living. In addition, the resulting de- the American agriculturalist. crease in farmland value will impact the man- Mr. SENSENBRENNER. Mr. Speak- [Roll No. 93] ner in which banks conduct their agricultural er, I yield back the balance of my time. YEAS—408 lending activities. Furthermore, this Member The SPEAKER pro tempore (Mr. Abercrombie Capito Ehlers has received many contacts from his constitu- PENCE). The question is on the motion Ackerman Capps Ehrlich Aderholt Capuano Emerson ents supporting extension of Chapter 12 bank- offered by the gentleman from Wis- Akin Cardin Engel ruptcy because of the situation now being consin (Mr. SENSENBRENNER) that the Allen Carson (IN) English faced by our nation’s farm families—it is clear House suspend the rules and pass the Andrews Carson (OK) Eshoo that the agricultural sector is hurting. Armey Castle Etheridge bill, H.R. 4167. Baca Chabot Evans I closing, this Member urges his colleagues The question was taken. Bachus Chambliss Everett to support H.R. 4167. The SPEAKER pro tempore. In the Baird Clay Farr Mr. GEKAS. Mr. Speaker, I rise today to opinion of the Chair, two-thirds of Baker Clayton Fattah lend my strong support for H.R. 4167 and for Baldacci Clyburn Ferguson those present have voted in the affirm- Baldwin Coble Flake farmers in financial distress. Extension of ative. Ballenger Collins Fletcher Chapter 12 is necessary to insure that these Mr. SENSENBRENNER. Mr. Speak- Barcia Combest Foley financially distressed farmers are granted the Barr Conyers Forbes er, on that I demand the yeas and nays. Barrett Cooksey Ford protection they need. The yeas and nays were ordered. Bartlett Costello Fossella I would doubt that there is any one of us The SPEAKER pro tempore. Pursu- Barton Cox Frank who does not want to aid a farmer in distress. ant to clause 8 of rule XX and the Bass Coyne Frelinghuysen Mr. Speaker, I am sure that H.R. 4167 will be Becerra Cramer Frost Chair’s prior announcement, further Bentsen Crane Gallegly approved today because the vast majority of proceedings on this motion will be Bereuter Crenshaw Ganske this body recognizes the difficulty and risk in- postponed. Berkley Crowley Gekas herent in farming and want to give farmers a Berry Cubin Gephardt fail-safe net of bankruptcy in case they be- Biggert Culberson Gibbons f Bilirakis Cummings Gillmor come distressed. I have consistently sup- Bishop Cunningham Gilman ported efforts to extend Chapter 12. Since the RECESS Blumenauer Davis (CA) Gonzalez bankruptcy reform movement started five Blunt Davis (FL) Goode The SPEAKER pro tempore. Pursu- Boehlert Davis (IL) Goodlatte years ago, there was not one moment in ant to clause 12 of rule I, the Chair de- Boehner Davis, Jo Ann Gordon which we did not consider making Chapter 12 clares the House in recess until ap- Bonilla Davis, Tom Goss permanent. Bonior Deal Graham Chapter 12 of the Bankruptcy code is a spe- proximately 6:30 p.m. today. Bono DeFazio Granger Boozman DeGette Graves cialized form of bankruptcy relief available to Accordingly (at 3 o’clock and 45 min- utes p.m.), the House stood in recess Borski Delahunt Green (TX) family farmers. The special attributes of Chap- Boswell DeLauro Green (WI) ter 12 makes it better suited to meet the par- until approximately 6:30 p.m. Boucher DeLay Greenwood ticularized needs of family farmers in financial Boyd DeMint Grucci f Brady (PA) Deutsch Gutknecht distress than other forms of bankruptcy relief, Brady (TX) Diaz-Balart Hall (OH) such as Chapter 11 (business reorganization) Brown (FL) Dicks Hall (TX) b 1830 or Chapter 13 (individual reorganization). Brown (OH) Dingell Harman Brown (SC) Doggett Hart Chapter 12 allows family farmers to keep es- AFTER RECESS Bryant Dooley Hastings (WA) sential farm assets and reorganize their debts. Burr Doolittle Hayes Chapter 12 was enacted on a temporary The recess having expired, the House Buyer Doyle Hayworth seven-year basis as part of the Bankruptcy was called to order by the Speaker pro Callahan Dreier Hefley Calvert Duncan Herger Judges, United States Trustees, and Family tempore (Mr. ISAKSON) at 6 o’clock and Camp Dunn Hill Farmer Bankruptcy Act of 1986 in response to 30 minutes p.m. Cantor Edwards Hinchey H1306 CONGRESSIONAL RECORD — HOUSE April 16, 2002 Hinojosa McKinney Sawyer b 1857 Emerson Larsen (WA) Reyes Hobson McNulty Saxton Engel Larson (CT) Reynolds Hoeffel Meehan Schaffer Ms. SLAUGHTER, Mr. HOEKSTRA English Latham Rivers Hoekstra Meek (FL) Schakowsky and Mr. SHAW changed their vote from Eshoo LaTourette Rodriguez Holden Meeks (NY) Schiff ‘‘nay’’ to ‘‘yea.’’ Etheridge Leach Roemer Holt Menendez Schrock Evans Lee Rogers (KY) Honda Mica Scott So (two-thirds having voted in favor Everett Lewis (CA) Rogers (MI) Hooley Millender- Sensenbrenner thereof) the rules were suspended and Farr Lewis (GA) Rohrabacher Horn McDonald Sessions the bill was passed. Fattah Lewis (KY) Ros-Lehtinen Shadegg Ferguson Linder Ross Hostettler Miller, Dan The result of the vote was announced Houghton Miller, Gary Shaw Flake Lipinski Rothman Shays Fletcher LoBiondo Roukema Hoyer Miller, George as above recorded. Sherman Foley Lofgren Roybal-Allard Hulshof Miller, Jeff A motion to reconsider was laid on Sherwood Forbes Lowey Royce Hunter Mink Shimkus the table. Ford Lucas (KY) Rush Mollohan Hyde Shows Stated for: Fossella Lucas (OK) Ryan (WI) Inslee Moore Shuster Mr. FILNER. Mr. Speaker, on rollcall No. 93, Frank Luther Ryun (KS) Isakson Moran (KS) Simmons I was attending a U.S./Mexico conference on Frelinghuysen Lynch Sabo Israel Moran (VA) Skeen Frost Maloney (CT) Sanchez Issa Morella Skelton border environmental issues. Had I been Gallegly Maloney (NY) Sanders Istook Murtha Slaughter present, I would have voted ‘‘yea.’’ Ganske Manzullo Sandlin Jackson (IL) Myrick Smith (MI) Gekas Markey Sawyer Jackson-Lee Nadler Smith (NJ) f Gephardt Mascara Saxton (TX) Napolitano Smith (TX) Gibbons Matheson Schaffer John Neal Smith (WA) ANNOUNCEMENT BY THE SPEAKER Gillmor Matsui Schakowsky Johnson (CT) Nethercutt Snyder PRO TEMPORE Gonzalez McCarthy (MO) Schiff Johnson (IL) Ney Solis Goode McCarthy (NY) Schrock Johnson, E. B. Northup Souder The SPEAKER pro tempore (Mr. Goodlatte McCollum Scott Johnson, Sam Norwood Spratt ISAKSON). Pursuant to clause 8 of rule Gordon McCrery Sensenbrenner Jones (NC) Nussle Stark XX, the Chair will reduce to 5 minutes Goss McDermott Serrano Kanjorski Oberstar Stearns the minimum time for electronic vot- Graham McGovern Sessions Kaptur Obey Stenholm Granger McHugh Shadegg Keller Olver Strickland ing on each additional motion to sus- Graves McInnis Shaw Kelly Ortiz Stump pend the rules on which the Chair has Green (TX) McIntyre Shays Kennedy (MN) Osborne Stupak postponed further proceedings. Green (WI) McKeon Sherman Kennedy (RI) Ose Sullivan Greenwood McKinney Sherwood Sununu Grucci McNulty Shimkus Kerns Otter f Tancredo Gutknecht Meehan Shows Kildee Owens Tanner Hall (OH) Meek (FL) Shuster Kilpatrick Oxley CLERGY HOUSING ALLOWANCE Tauscher CLARIFICATION ACT OF 2002 Hall (TX) Meeks (NY) Simmons Kind (WI) Pallone Tauzin Harman Menendez Simpson King (NY) Pascrell Taylor (MS) The SPEAKER pro tempore. The Hart Mica Skeen Kirk Pastor Taylor (NC) pending business is the question of sus- Hastings (WA) Millender- Skelton Kleczka Paul Terry Hayes McDonald Slaughter Knollenberg Payne Thomas pending the rules and passing the bill, Hayworth Miller, Dan Smith (MI) Kolbe Pelosi Thompson (CA) H.R. 4156, as amended. Hefley Miller, Gary Smith (NJ) Kucinich Pence Thompson (MS) The Clerk read the title of the bill. Herger Miller, George Smith (TX) LaFalce Peterson (MN) Thune Hill Miller, Jeff Smith (WA) LaHood Peterson (PA) Thurman The SPEAKER pro tempore. The Hinchey Mink Snyder Lampson Petri Tiahrt question is on the motion offered by Hinojosa Mollohan Solis Langevin Phelps Tiberi the gentleman from Minnesota (Mr. Hobson Moore Souder Lantos Pickering Tierney RAMSTAD) that the House suspend the Hoeffel Moran (KS) Spratt Larsen (WA) Pitts Toomey Hoekstra Moran (VA) Stark Larson (CT) Platts Towns rules and pass the bill, H.R. 4156, as Holden Morella Stearns Latham Pombo Turner amended, on which the yeas and nays Holt Murtha Stenholm LaTourette Pomeroy Udall (CO) are ordered. Honda Myrick Strickland Leach Portman Udall (NM) This will be a 5-minute vote. Hooley Nadler Stump Lee Price (NC) Upton Horn Napolitano Stupak Lewis (CA) Putnam Velazquez The vote was taken by electronic de- Hostettler Neal Sullivan Lewis (GA) Quinn Visclosky vice, and there were—yeas 408, nays 0, Houghton Nethercutt Sununu Lewis (KY) Radanovich Vitter not voting 26, as follows: Hoyer Ney Tancredo Walden Hulshof Northup Tanner Linder Rahall [Roll No. 94] Lipinski Ramstad Walsh Hunter Norwood Tauscher LoBiondo Rangel Wamp YEAS—408 Hyde Nussle Tauzin Lofgren Regula Waters Inslee Oberstar Taylor (MS) Watson (CA) Abercrombie Boozman Cox Isakson Obey Taylor (NC) Lowey Rehberg Watt (NC) Ackerman Borski Coyne Israel Olver Terry Lucas (KY) Reyes Watts (OK) Aderholt Boswell Cramer Issa Ortiz Thomas Lucas (OK) Reynolds Waxman Akin Boucher Crane Istook Osborne Thompson (CA) Luther Rivers Weiner Allen Boyd Crenshaw Jackson (IL) Ose Thompson (MS) Lynch Rodriguez Weldon (FL) Andrews Brady (PA) Crowley Jackson-Lee Otter Thune Maloney (CT) Roemer Weldon (PA) Armey Brady (TX) Cubin (TX) Owens Thurman Maloney (NY) Rogers (KY) Weller Baca Brown (FL) Culberson John Oxley Tiahrt Manzullo Rogers (MI) Wexler Bachus Brown (OH) Cummings Johnson (CT) Pallone Tiberi Markey Rohrabacher Whitfield Baird Brown (SC) Cunningham Johnson (IL) Pascrell Tierney Mascara Ros-Lehtinen Wicker Baker Bryant Davis (CA) Johnson, E. B. Pastor Toomey Matheson Ross Wilson (NM) Baldacci Burr Davis (FL) Johnson, Sam Paul Towns Matsui Rothman Wilson (SC) Baldwin Buyer Davis (IL) Jones (NC) Payne Turner McCarthy (MO) Roukema Wolf Ballenger Callahan Davis, Jo Ann Kanjorski Pelosi Udall (CO) McCarthy (NY) Roybal-Allard Woolsey Barcia Calvert Davis, Tom Kaptur Pence Udall (NM) McCollum Royce Wu Barr Camp Deal Keller Peterson (MN) Upton McCrery Rush Wynn Barrett Cantor DeFazio Kelly Peterson (PA) Velazquez McDermott Ryan (WI) Young (AK) Bartlett Capito DeGette Kennedy (MN) Petri Visclosky McGovern Ryun (KS) Young (FL) Barton Capps Delahunt Kennedy (RI) Phelps Vitter McHugh Sabo Bass Capuano DeLauro Kerns Pickering Walden McInnis Sanchez Becerra Cardin DeLay Kildee Pitts Walsh McIntyre Sanders Bentsen Carson (IN) DeMint Kilpatrick Platts Wamp McKeon Sandlin Bereuter Carson (OK) Deutsch Kind (WI) Pombo Waters Berkley Castle Diaz-Balart King (NY) Pomeroy Watkins (OK) NOT VOTING—26 Berry Chabot Dicks Kirk Portman Watson (CA) Biggert Chambliss Dingell Kleczka Price (NC) Watt (NC) Berman Hansen Pryce (OH) Bilirakis Clay Doggett Knollenberg Putnam Watts (OK) Blagojevich Hastings (FL) Riley Bishop Clayton Dooley Kolbe Quinn Waxman Burton Hilleary Serrano Blumenauer Clyburn Doolittle Kucinich Radanovich Weiner Cannon Hilliard Simpson Blunt Coble Doyle LaFalce Rahall Weldon (FL) Clement Jefferson Sweeney Boehlert Collins Dreier LaHood Ramstad Weldon (PA) Condit Jenkins Thornberry Boehner Combest Duncan Lampson Rangel Weller Filner Jones (OH) Traficant Bonilla Conyers Dunn Langevin Regula Wexler Gilchrest Kingston Watkins (OK) Bonior Cooksey Edwards Lantos Rehberg Whitfield Gutierrez Levin Bono Costello Ehrlich April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1307 Wicker Wolf Wynn Ferguson Linder Roukema NAYS—3 Wilson (NM) Woolsey Young (FL) Fletcher Lipinski Roybal-Allard Flake Paul Rohrabacher Wilson (SC) Wu Foley LoBiondo Royce Forbes Lofgren Rush NOT VOTING—24 NOT VOTING—26 Ford Lowey Ryan (WI) Berman Gilchrest Berman Gilman Kingston Fossella Lucas (KY) Ryun (KS) Jones (OH) Blagojevich Gutierrez Blagojevich Gutierrez Levin Frank Lucas (OK) Sabo Kingston Burton Hansen Burton Hansen Pryce (OH) Frelinghuysen Luther Sanchez Levin Cannon Hastings (FL) Cannon Hastings (FL) Riley Frost Lynch Sanders Pryce (OH) Clement Hilleary Clement Hilleary Sweeney Gallegly Maloney (CT) Sandlin Riley Condit Hilliard Sweeney Condit Hilliard Thornberry Ganske Maloney (NY) Sawyer Doyle Jefferson Thornberry Ehlers Jefferson Traficant Gekas Manzullo Saxton Filner Jenkins Traficant Filner Jenkins Young (AK) Gephardt Markey Schaffer Gilchrest Jones (OH) Gibbons Mascara Schakowsky Gillmor Matheson Schiff b 1915 b 1906 Gilman Matsui Schrock Gonzalez McCarthy (MO) Scott So (two-thirds having voted in favor So (two-thirds having voted in favor Goode McCarthy (NY) Sensenbrenner thereof) the rules were suspended and thereof) the rules were suspended and Goodlatte McCollum Serrano the bill was passed. the bill, as amended, was passed. Gordon McCrery Sessions Goss McDermott Shadegg The result of the vote was announced The result of the vote was announced Graham McGovern Shaw as above recorded. as above recorded. Granger McHugh Shays A motion to reconsider was laid on A motion to reconsider was laid on Graves McInnis Sherman Sherwood the table. the table. Green (TX) McIntyre Green (WI) McKeon Shimkus Stated for: Slated for: Greenwood McKinney Shows Mr. FILNER. Mr. Speaker, on rollcall No. 95, Mr. FILNER. Mr. Speaker, on rollcall No. 94, Grucci McNulty Shuster I was attending a U.S./Mexico conference on Gutknecht Meehan Simmons I was attending a U.S./Mexico conference on Simpson border environmental issues. Had I been border environmental issues. Had I been Hall (OH) Meek (FL) Hall (TX) Meeks (NY) Skeen present, I would have voted ‘‘yea.’’ Skelton present, I would have voted ‘‘yea.’’ Harman Menendez Slaughter Hart Mica f Smith (MI) f Hastings (WA) Millender- Smith (NJ) Hayes McDonald Smith (TX) REPORT ON RESOLUTION PRO- FAMILY FARMER BANKRUPTCY Hayworth Miller, Dan Smith (WA) EXTENSION ACT Hefley Miller, Gary VIDING FOR CONSIDERATION OF Snyder Herger Miller, George H.R. 476, CHILD CUSTODY PRO- Solis The SPEAKER pro tempore (Mr. Hill Miller, Jeff Souder TECTION ACT ISAKSON). The pending business is the Hinchey Mink Spratt Hinojosa Mollohan Mrs. MYRICK, from the Committee question of suspending the rules and Stark Moore passing the bill, H.R. 4167. Hobson Stearns on Rules, submitted a privileged report Hoeffel Moran (KS) Stenholm (Rept. No. 107–411) on the resolution (H. The Clerk read the title of the bill. Hoekstra Moran (VA) Strickland Res. 388) providing for consideration of The SPEAKER pro tempore. The Holden Morella Stump question is on the motion offered by Holt Murtha Stupak the bill (H.R. 476) to amend title 18, the gentleman from Wisconsin (Mr. Honda Myrick Sullivan United States Code, to prohibit taking Hooley Nadler Sununu minors across State lines in cir- SENSENBRENNER) that the House sus- Horn Napolitano Tancredo cumvention of laws requiring the in- pend the rules and pass the bill, H.R. Hostettler Neal Tanner 4167, on which the yeas and nays are or- Houghton Nethercutt Tauscher volvement of parents in abortion deci- dered. Hoyer Ney Tauzin sions, which was referred to the House Hulshof Northup Taylor (MS) Calendar and ordered to be printed. This will be a 5-minute vote. Hunter Norwood Taylor (NC) The vote was taken by electronic de- Hyde Nussle Terry vice, and there were—yeas 407, nays 3, Inslee Oberstar Thomas f Isakson Obey not voting 24, as follows: Thompson (CA) Israel Olver Thompson (MS) ANNOUNCEMENT OF INTENTION TO [Roll No. 95] Issa Ortiz Thune Istook Osborne OFFER MOTION TO INSTRUCT ON YEAS—407 Thurman Jackson (IL) Ose Tiahrt H.R. 2646, FARM SECURITY ACT Abercrombie Boucher Cubin Jackson-Lee Otter Tiberi OF 2001 Ackerman Boyd Culberson (TX) Owens Tierney Aderholt Brady (PA) Cummings John Oxley Toomey Mr. SMITH of Michigan. Mr. Speak- Akin Brady (TX) Cunningham Johnson (CT) Pallone Towns er, pursuant to clause 7(c) of rule XXII, Allen Brown (FL) Davis (CA) Johnson (IL) Pascrell Turner I hereby announce my intention to Andrews Brown (OH) Davis (FL) Johnson, E.B. Pastor Udall (CO) Armey Brown (SC) Davis (IL) Johnson, Sam Payne Udall (NM) offer a motion to instruct conferees on Baca Bryant Davis, Jo Ann Jones (NC) Pelosi Upton H.R. 2646 tomorrow. The form of the Bachus Burr Davis, Tom Kanjorski Pence Vel´azquez motion is as follows: Baird Buyer Deal Kaptur Peterson (MN) Visclosky Baker Callahan DeFazio Keller Peterson (PA) Vitter Mr. SMITH of Michigan moves that Baldacci Calvert DeGette Kelly Petri Walden the managers on the part of the House Baldwin Camp Delahunt Kennedy (MN) Phelps Walsh at the conference on the disagreeing Ballenger Cantor DeLauro Kennedy (RI) Pickering Wamp Barcia Capito DeLay Kerns Pitts Waters votes of the two Houses on the Senate Barr Capps DeMint Kildee Platts Watkins (OK) amendment to the bill H.R. 2646 (an Barrett Capuano Deutsch Kilpatrick Pombo Watson (CA) Act to provide for the continuation of Bartlett Cardin Diaz-Balart Kind (WI) Pomeroy Watt (NC) agricultural programs through fiscal Barton Carson (IN) Dicks King (NY) Portman Watts (OK) Bass Carson (OK) Dingell Kirk Price (NC) Waxman year 2011) be instructed: Becerra Castle Doggett Kleczka Putnam Weiner (1) to agree to the provisions con- Bentsen Chabot Dooley Knollenberg Quinn Weldon (FL) tained in section 169(a) of the Senate Bereuter Chambliss Doolittle Kolbe Radanovich Weldon (PA) Berkley Clay Dreier Kucinich Rahall Weller amendment, relating to payment limi- Berry Clayton Duncan LaFalce Ramstad Wexler tations for commodity programs; and Biggert Clyburn Dunn LaHood Rangel Whitfield (2) to insist upon an increase in fund- Bilirakis Coble Edwards Lampson Regula Wicker ing for: Bishop Collins Ehlers Langevin Rehberg Wilson (NM) Blumenauer Combest Ehrlich Lantos Reyes Wilson (SC) (A) conservation programs, in effect Blunt Conyers Emerson Larsen (WA) Reynolds Wolf as of January 1, 2002, that are extended Boehlert Cooksey Engel Larson (CT) Rivers Woolsey by title II of the House bill or title II Boehner Costello English Latham Rodriguez Wu Bonilla Cox Eshoo LaTourette Roemer Wynn of the Senate amendment; and Bonior Coyne Etheridge Leach Rogers (KY) Young (AK) (B) research programs that are Bono Cramer Evans Lee Rogers (MI) Young (FL) amended or established by title VII of Boozman Crane Everett Lewis (CA) Ros-Lehtinen Borski Crenshaw Farr Lewis (GA) Ross the House bill or title VII of the Senate Boswell Crowley Fattah Lewis (KY) Rothman amendment. H1308 CONGRESSIONAL RECORD — HOUSE April 16, 2002 b 1915 dents against South Asian immigrants tleman from Kansas (Mr. MORAN) is SPECIAL ORDERS just in the last 3 months of the year recognized for 5 minutes. 2001. This number compares to 400 to Mr. MORAN of Kansas. Mr. Speaker, The SPEAKER pro tempore (Mr. 500 incidents a year, bad enough, that ISAKSON). Under the Speaker’s an- I appreciate the opportunity to address were reported in the past. Complaints the House this evening in regard to our nounced policy of January 3, 2001, and of discrimination received by Arab responsibility as Members of this body under a previous order of the House, American Muslim and Sikh groups to listen to our constituents. It is im- the following Members will be recog- have soared. nized for 5 minutes each. Since September 11, the Council on portant that once we listen, that we bring that message back to Wash- f American Islamic Relations has re- ington, to our colleagues here on the The SPEAKER pro tempore. Under a ceived more than 1,700 reports of work- House Floor, and to the administration previous order of the House, the gen- place bias, Arab profiling, discrimina- down the street. tleman from Utah (Mr. HANSEN) is rec- tion in schools, physical assaults and ognized for 5 minutes. other incidents compared with 322 in Mr. Speaker, within the last few Mr. HANSEN addressed the House. all of the year 2000. weeks I completed my 66th town hall His remarks will appear hereafter in This backlash is not only a national meeting, one in each county of the the Extensions of Remarks.) problem, it is a global problem. France First Congressional District of Kansas. f has seen a wave of attacks on Jewish Unfortunately, Mr. Speaker, there are schools, cemeteries and synagogues. many challenges that rural America BACKLASH OF HATE According to an annual study by the faces as we try to survive today, have The SPEAKER pro tempore (Mr. Tel Aviv University, anti-Semitic acts a little prosperity, and move our people FLAKE). Under a previous order of the rose sharply around the world after and our communities to the future. House, the gentlewoman from Cali- September 11 and following Israel’s of- The issues across my State and fornia (Ms. WOOLSEY) is recognized for fensive into the West Bank. The study 5 minutes. revealed some of the worst anti-Se- across rural America continue to be se- Ms. WOOLSEY. Mr. Speaker, I rise mitic days since the end of World War rious; issues related to agriculture. today to draw attention to the back- II. This is another year, Mr. Speaker, in lash of hate that is occurring around Congress must make it clear that which farm commodity prices remain the country and around the world as there is no room for personal attacks low. In addition to that, we have, in the result of September 11 and as a re- and bigotry in America or abroad. The many places in the country, and in- sult of current actions in the Middle first step we as a Congress can take is cluding most of Kansas, a very severe East. Mr. Speaker, this Congress must to pass H.R. 1343, the Local Law En- drought. condemn these violent acts which are forcement Hate Crimes Prevention Act So on top of low commodity prices, hurting families and communities introduced by Congressman JOHN CON- our farmers face the prospect of poor around the world and here at home. YERS. Under current law, the govern- production. Absent snow falls this win- During the first week in April, two ment must prove both that the hate ter, absent rainfalls this spring, our men dressed in Orthodox Jewish cloth- crime occurred because of a person’s ability to put a product into the bin at ing were attacked and beaten in Berke- association with a designated group any price has become very difficult. ley, California, one of the most toler- and because the victim was engaged in Our circumstances in agriculture are ant cities in the United States, and a Federal activity such as voting or bleak, remain bleak, and they are the they were beaten because they were serving on a jury. H.R. 1343 would backbone for the economy of places Jewish. In the same town, a Jewish eliminate these overly restrictive ob- like Kansas, and it is important that student center located near the campus stacles to Federal involvement, which we continue our efforts in regard to was broken into and antiIsrael slogans have prevented government involve- farm legislation. Our conferees, the were spray-painted on the property. ment in many cases in which individ- gentleman from Texas (Mr. STENHOLM), Also in California, a Los Altos Hills or- uals kill or injure others because of ra- the ranking member, and the gen- thodox Christian church with a con- cial or religious bias. In addition, H.R. 1343 would authorize gregation of mostly Palestinians and tleman from Texas (Mr. COMBEST), the the Department of Justice to assist Arab Americans was destroyed in a chairman of the House Committee on local prosecutions and investigate and mysterious fire. Agriculture, continue in almost 24- prosecute cases in which bias violence And it continues. In Los Angeles, hour-a-day sessions attempting to ne- occurs because of the victim’s sexual three 17-year-old boys, all wearing gotiate a farm bill. It is important that orientation, gender, or disability. Cur- yarmulkes were walking home from a this work proceed. It is important that rently, Federal law does not provide friend’s house at 12:30 a.m., when 2 there be a return financially to the authority for involvement in those skinheads attacked and beat them for farmers and ranchers of this country. cases. no other reason than that they were Mr. Speaker, the people of the United Our farmers are concerned not only Jewish. Across the country in Florida, States must set an example for the about farm policy, but about the desire a pickup truck was driven into the world by expressing our differences for competition within the agribusiness front of an Islamic center in Tallahas- without resorting to violence against world, the entities which they buy see. The driver, motivated by hatred of our neighbors. We must remember that from and sell to, and certainly a desire Muslims, bragged to the officers that disagreement can be expressed without for open markets, the ability to export he could have blown up the mosque if physically attacking or demeaning their agriculture commodities around he had put propane tanks on the front those with whom we disagree. Our free- the world. of his truck. He also said that he tried dom of speech is a fundamental right So, Mr. Speaker, I hope to raise the to join the military in order to kill that should be used for causes that awareness of my colleagues from places Muslims. citizens are passionate about, but not outside the farm belt of the importance Mr. Speaker, all of these events hap- in a way that damages others’ rights to of farm policy, the importance of agri- pened over the past 3 weeks. However, their opinion. culture and consumption, and the im- since September 11, the increasing Mr. Speaker, this Congress has the portance of having competition within trend of hate has been abundantly ability to combat unnecessary hatred the agricultural arena. clear. Immigrants from south Asia ap- and lead the charge. Let us take a first pear to have been the victims of at- step by passing H.R. 1343. We look forward to meeting the country’s energy needs with agri- tacks and other racially motivated in- f cidents because they were perceived, culture, and certainly the opportuni- often incorrectly, to be Arab or Mus- CHALLENGES FACING RURAL ties for biodiesel and ethanol remain lim. AMERICA an important opportunity for our farm- The National Asian Pacific American The SPEAKER pro tempore. Under a ers across the grain belt of our coun- Legal Consortium reported 250 inci- previous order of the House, the gen- try. But in addition to agriculture, we April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1309 have concerns with our hospitals. (Mr. LIPINSKI) is recognized for 5 min- Wysham, his shipmates aboard the Medicare has become a huge factor in utes. U.S.S. Kennedy, and the entire naval whether or not hospital doors remain (Mr. LIPINSKI addressed the House. family. Commander Blaschum leaves open, whether or not there are physi- His remarks will appear hereafter in behind a wife and two sons, Jack and cians in our communities, and we need the Extensions of Remarks.) Max, who will carry the memory of to continue to find ways that we can f their father’s service and his ultimate reimburse our health care providers in sacrifice as long as they live. TRIBUTE TO LIEUTENANT (J.G.) Mr. Speaker, Lieutenant Wysham rural America who are 60, 70, 80 and RAFE WYSHAM, USN even 90 percent of the patients that would probably be mortified to know those hospitals treat and that are seen The SPEAKER pro tempore. Under a that he is being honored on the floor of by our physicians are Medicare recipi- previous order of the House, the gen- the United States House of Representa- ents. tleman from Oregon (Mr. WALDEN) is tives today. He is not the sort who In addition, we have issues related to recognized for 5 minutes. seeks public recognition for his service small businesses. How do we keep our Mr. WALDEN of Oregon. Mr. Speak- to our country. Neither is he the sort businesses on Main Street? Clearly, the er, I rise this evening to pay tribute to to dwell on his own mortality, or let tax burden, the rules and regulations a young Oregonian serving our country the fear of the unexpected keep him abroad as part of Operation Enduring that we in Congress and those in ad- from completing his vital mission. Freedom. Lieutenant Junior Grade Indeed, Rafe was back up in the air ministrations, current and past, have Rafe Wysham, a native of Madras, Or- less than a week after the accident, placed upon our business community egon, is currently assigned as an F–14 and in an e-mail to his mother shortly have a huge impact. We do not have Radar Intercept Officer aboard the after the incident, Rafe wrote, ‘‘I en- more customers everyday who move to U.S.S. John F. Kennedy in the Arabian tered this business knowing something our communities for our businesses to sea. like this could happen.’’ Like the thou- sell to, to spread those increasing costs Mr. Speaker, Lt. Wysham is a third- sands of men and women in uniform among. So we in Congress have an obli- generation naval officer. His grand- fighting the war on terrorism, Lieuten- gation to oversight, to reign in those father, a veteran of the Second World ant Wysham simply accepts his reality, rules and regulations that lack com- War, served on a destroyer and received and he marches on. mon sense and that are not based upon the Purple Heart. Rafe’s father, Bill, Mr. Speaker, the author, James science, because the end result of fail- served as a tactical coordinator on a P– Michener, wrote a famous story of an- ing to do so means that the business 3 naval aircraft in Vietnam. In short, other group of naval aviators whose community in rural America suffers. Mr. Speaker, the Wysham family is not service in the Korean War bears close It is also important for us to have unfamiliar with the sacrifices that at- resemblance to that of the men and adequate transportation, to make cer- tend service in the United States women serving in harm’s way today. In tain that our railroads, our highways, Armed Forces. his novel, the Bridges at Toko-Ri, our airports and aviation are func- After his graduation from Madras Michener tells of an officer named tioning, that people who live in rural High School in 1994, Rafe entered the Harry Brubaker, a lawyer who had America have access to the rest of the United States Naval Academy, where fought as a carrier pilot in World War world. Of course we have concerns he graduated in 1998 in the top 10 per- II, and then was recalled to fight again about the consequences of losing pas- cent of his class. Following his gradua- in the skies over Korea. Brubaker is senger train service across long dis- tion from the academy, Rafe was sent not at all pleased with the turn of tances of our country. I look forward to flight school in Pensacola, Florida, events, but tucks in his chin and ac- to working with my colleagues in that followed by advanced training in Nor- cepts his duty, nonetheless. regard. folk, Virginia. His assignment to the Brubaker’s task force commander is Finally, I would say education and U.S.S. Kennedy marks his first over- a salty old admiral named Tarrant, technology are important to rural seas deployment. who develops a deep but well-concealed America. We need to do our part to Mr. Speaker, on March 3 of this year, affection for the young pilot. Tarrant make certain that our Federal man- Lieutenant Wysham was confronted describes him as one of the men who dates are paid for. The consequences of with a sobering reminder of the danger ‘‘hammer on in, even though the our failure to pay for IDEA has a huge he faces every time he straps himself weight of the war has fallen unfairly on effect upon those who try to finance into his Tomcat and is catapulted into them. I always think of them as the local school districts through the prop- the sky. voluntary men. The world is always de- erty tax levy. That day during takeoff on a routine pendent on the voluntary men. So we have our work cut out for us as training mission in the Mediterranean In the end, Brubaker is lost pressing we look at educational issues to make Sea, Rafe’s aircraft developed a prob- the attack on the bridges, leaving the sure that what we require, we pay for. lem that prevented it from gaining old admiral reeling in the loss of one of It is important for us to make certain enough airspeed to take flight. Never- his boys. On the final page of the book, that the rural communities and the theless, the carrier’s catapult system he asks himself the question that people who live there are not left be- launched the plane forward too fast to haunts us all when we learn of the her- hind as the rest of the world accesses abort the takeoff, but too slow to make oism of our men and women in uni- technology. It is important to us to it into the air. The aircraft’s pilot, form: ‘‘Why is America lucky enough have fiberoptics and Internet and Lieutenant Commander Christopher M. to have such men,’’ he asks. ‘‘Where broadband services; things that used to Blaschum of Virginia Beach, imme- did we get such men?’’ have to be done in the city can now be diately called for both to eject. Mr. Speaker, in this case, we got done in rural places across the country. Rafe complied, but blacked out from them from the small town of Madras, So despite all of our challenges, we the force of that ejection. Tragically, Oregon, and the bigger city of Virginia know what the issues are. We must while Rafe’s parachute opened and de- Beach, Virginia. Thank God we have work together, rural and urban Amer- livered him safely to the water below, them, voluntary men, like Rafe ica, to try to make a difference in the Commander Blaschum’s chute failed Wysham and Chris Blaschum. We lives of all Americans. But I will tell and his life was lost. should be forever grateful on that ac- my colleagues that despite the prob- Lieutenant Wysham woke to find count. lems in 66 counties during the last few himself floating in the water in full f weeks, I remain optimistic because the gear, directly in the path of one of the The SPEAKER pro tempore. Under a people are there to make a difference. world’s most lethal warships. Cutting previous order of the House, the gentle- f away his seat pan, he swam desperately woman from the District of Columbia to escape the oncoming carrier, which (Ms. NORTON) is recognized for 5 min- b 1930 passed within 20 feet of him. Fortu- utes. The SPEAKER pro tempore (Mr. nately, Rafe survived. (Ms. NORTON addressed the House. FLAKE). Under a previous order of the Mr. Speaker, the loss of his pilot was Her remarks will appear hereafter in House, the gentleman from Illinois a devastating blow to Lieutenant the Extensions of Remarks.) H1310 CONGRESSIONAL RECORD — HOUSE April 16, 2002 HONORING WALK–FM OF LONG tleman from New Jersey (Mr. PALLONE) life they possibly can. It is a shame ISLAND, NEW YORK is recognized for 5 minutes. that they and their families continue The SPEAKER pro tempore. Under a (Mr. PALLONE addressed the House. to be victims of this unjust discrimina- previous order of the House, the gen- His remarks will appear hereafter in tion. tleman from New York (Mr. GRUCCI) is the Extensions of Remarks.) I thought it was imperative that we recognized for 5 minutes. f call this to the attention of the House of Representatives and to the United Mr. GRUCCI. Mr. Speaker, today I EQUAL PAY rise to honor WALK Radio Station in States, as well, to suggest that we The SPEAKER pro tempore. Under a my district on Long Island that is cele- have, indeed, come a long way since Ni- previous order of the House, the gentle- brating their 50th birthday this Satur- agara Falls, but we have a long way to woman from Indiana (Ms. CARSON) is day, April 19. WALK–FM invited the go. recognized for 5 minutes. public to visit its new stations and stu- f Ms. CARSON of Indiana. Mr. Speak- dios on Colonial Drive in Patchogue on er, I rise in support of the Equal Pay STUART R. PADDOCK, JR. its official opening day, Saturday, Day. The Equal Pay Act became public The SPEAKER pro tempore. Under a April 19, 1952. law in 1963, making it illegal to pay previous order of the House, the gen- Quoting from the invitation, the sta- women lower rates for the same job tleman from Illinois (Mr. KIRK) is rec- tion’s staff was ‘‘most anxious for you strictly on the basis of sex. Yet, almost ognized for 5 minutes. to see the glamorous, fully-equipped four decades later, the wage gap among Mr. KIRK. Mr. Speaker, Stuart Pad- studios and offices in our ultra-modern women and men persists. dock, Jr., was a leader. He inspired rev- building, which is not only the radio It is appalling that in the year 2002, erence among his friends, his associ- showplace of Long Island, but one of women across the United States con- ates, and his employees. He was a lead- the most beautiful radio stations in the tinue to be discriminated against on er who did not take credit, but instead, East.’’ the basis of gender. Women holding gave it away. He led with vision, en- WALK received well wishes on the air similar jobs with similar education, thusiasm, determination, and courage. that day from radio and television per- skills, work experience, job content, His kind words, his optimism, trust in sonalities of the era, including Perry still earn less than men. The Census people, and thoughtfulness endeared Como, Dick Powell, Kay Starr, and Bureau reports that women earn 27 him to all. Jack Sterling. cents less than men on the dollar. According to an editorial in today’s A clipping from the Bay Shore Sen- Why would I bring this up, other than Daily Herald, if we took a poll of the tinel and Journal dated April 24, 1952, it being Equal Pay Day, Mr. Speaker? people who work at the Herald, we described WALK this way: ‘‘The ultra- There has been a lot of commentary would find something extraordinary. modern station affords the best in fa- here on the floor of the House about We could not find a single person with cilities and promises to become a most welfare and welfare reform, and truly, a bad word to say about Stu, not one. important link in the communications women want not to draw welfare, but The work force numbers 880. That is field in Suffolk County.’’ rather to get into the marketplace and the kind of leader he was. In more recent years, WALK 97.5 FM be economically self-sufficient. Stu Paddock died on Monday, April has had consistent ratings success. Yet, we find just in Indiana, in a 15, at the age of 86. During three-and- WALK has been the number one adult glance at Indiana, that the African one-half decades of ownership, he built radio station on Long Island for over 16 American women earn only 67 percent the Daily Herald from a weekly com- years, reflecting a heritage of broad- of what men earn, and the earnings munity newspaper to the third largest cast excellence. WALK uniquely bal- among Latino women fall even lower, daily in Illinois. His is a remarkable ances the needs of the Long Island earning 58 percent of what men earn. success story of a family-owned busi- community in providing vital news, Three-quarters of African American ness in an era of corporate giants. weather, and traffic information, and a women and Latinos work in just three Paddock was the inspirational heart variety of music that Long Islanders types of employment: sales, clerical, and soul of one of the small number of enjoy at home, at work, and while in and service and factory jobs, and a ma- family-owned newspapers in America. their car. jority of those women do not even When he assumed leadership of the WALK’s news and public service com- make enough money to reach the pov- company in 1968, the newspapers were mitment has been recognized and hon- erty line for a family of four, which is publishing three times a week, with a ored over the years with a slew of $18,000 in the year 2002. circulation below 20,000. At his death, awards from the Long Island Coalition In Indiana, women, older women, he left a growing suburban daily with a for Fair Broadcasting, the New York women who are Social Security age, circulation of over 148,000, now the 7th State Broadcasters Association, and are living in poverty because their in- largest in the Nation. the Press Club of Long Island. On the come, their lifetime income earnings, Born September 19, 1915, in Palatine, trade side, their programming has won have decided the amount of their So- Paddock graduated in 1937 from Knox national awards from Billboard Maga- cial Security checks. So the con- College in Galesburg, and joined the zine and Radio & Records. sequence of that is that women are paper as an assistant editor. He was WALK 97.5 was chosen as the Na- drawing a very minuscule amount of called into service shortly after Pearl tional Association of Broadcasters’ Social Security checks, which propels Harbor as a second lieutenant, serving Marconi Adult Contemporary Station them into a remaining lifetime of pov- as a company commander in a tank de- of the year in 2001, giving the station erty. stroyer battalion as part of Patton’s national recognition for its community Thirty-nine years ago, President Third Army in Europe. He was dis- service and leadership. Kennedy signed the Equal Pay Act. He charged in 1946 at the rank of captain. In short, WALK embraces the Long called it the first step in addressing the In 1969, Paddock’s willingness to take Island community through its tireless unconscionable practice of paying fe- risks saved the newspaper. A critical support of the island’s not-for-profit male employees less wages than male slowdown occurred when Marshall organizations and important causes, employees for the same job. At that Field and his Sun-Times started a daily like the fight against breast cancer. time, women earned 58 cents for each newspaper called The Day in direct Mr. Speaker, I ask my colleagues in dollar earned by a man. So Mr. Speak- competition with the Herald. Over the the House to join me in congratulating er, equal pay is not only a woman’s next 4 years, the weekly Herald news- WALK–FM radio and its employees for issue, it is a family issue. It is bene- papers lost 40 percent of their circula- 25 years of being a thoughtful neighbor, ficial for the entire family. tion. and for its leadership in the commu- Women often provide a significant A plan to publish three times a week nity for over 50 years. amount or all of their family’s income, failed to turn around the paper’s for- f and in many cases, they are the sole tunes. ‘‘We either had to go daily or The SPEAKER pro tempore. Under a wage-earners, struggling to provide die,’’ Paddock later reflected. Shortly previous order of the House, the gen- their families with the best quality of after taking over as president, he April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1311 turned the paper into a five-days-a- are not paid fairly, it lowers the family income. (Mr. WELLER) to announce our commit- week publication in 1969. Day Publica- That means there is less money for essentials ment to the repeal of the marriage tax tions soon surrendered and sold its like groceries, doctors’ visits, and clothes for penalty. We championed this noble newspaper operations to Paddock in the children. This is not a women’s issue, Mr. cause and were successful in obtaining 1970. Speaker, it is a family issue. We protect Amer- the eventual repeal of the marriage tax Paddock constantly pushed expan- ica’s working families by rectifying this wrong. penalty. sion, adding weekend editions and What can we do? I have two answers for Unfortunately, due to Senate rules, weekly papers in Lake County in the you. the marriage tax penalty repeal legis- 1970s that then went daily in 1984, and 1. We can pass the Paycheck Fairness Act, lation included a sunset provision that in the years since, Paddock oversaw which was introduced by my good friend from would automatically reinstate the nearly 20 expansions into areas of Connecticut, ROSA DELAURO. The Paycheck marriage tax penalty in the year 2011. Lake, DuPage, Kane, McHenry, and Fairness Act would strengthen existing equal What does that say to the American Will counties. pay and civil rights laws by providing effective people about this Congress? remedies to women who are not being paid Marriage is the bedrock of our soci- b 1945 equal wages for equal work. ety. It is an institution that is to be Paddock’s thoughtfulness is leg- 2. We can pass the ERA, reintroduced this honored and respected, and it is a bond endary among staff. Bob Frisk, the year by my good friend and colleague, the that should not be put asunder, espe- Daily Herald’s veteran assistant man- gentlewoman from New York, CAROLYN cially by the tax policies of the Federal aging editor of sports, retells the story MALONEY. We have waited too long to provide Government. of the night he was to be inducted into women with equal standing in the Constitution. Yet until last year, our tax laws gave the media wing of the Illinois Basket- The ERA would put some real teeth in our married couples a $1,400 surprise on ball Coaches Hall of Fame in Bloom- equal pay laws, and guarantee equal pay for their tax bill. They saw their taxes go ington. Bob’s wife was very ill and equal work. up for no other reason than they said could not attend. Frisk was feeling I would encourage all members who are not ‘‘I do,’’ and the effect of this tax most- lonely when Stu and Ann Paddock currently cosponsors of the ERA to join us. ly penalized young couples trying to walked into the room. Paddock told We have 200, but we need more. I would ask get their feet on the ground and retired Frisk, ‘‘We didn’t want you to be alone my colleagues to truly represent the 50 per- couples just trying to keep their feet when you were inducted on this big cent of their constituency that still goes unrec- on the ground. night.’’ ognized in the very document that guarantees In the second congressional district Stu’s legacy is rich with similar sto- our rights and freedoms. Why should women of Virginia, which I represent, there ries, like funding spirits ‘‘not the cheap be left behind? are over 56,000 married couples which stuff’’ for a holiday party to celebrate Mr. Speaker, I thank Representatives were subject to the marriage tax pen- a job well done in Naperville and com- DELAURO and MALONEY for their much needed alty. However, if these couples decided ing out to cheer on employees who leadership on this very important issue. to live together, rather than get mar- were playing for the local softball There is no excuse for disparity in pay be- ried, they would not have to pay the team. tween men and women. Mr. Speaker, it is time tax. That is simply unfair. Stu Paddock enjoyed classical music, for action. In honor of Equal Pay Day, I would The repeal of the marriage tax pen- the Bears and opera. He supported a ask my colleagues to join me as cosponsors alty provides a new level of fairness by number of good causes like the Chicago of these two important bills. There is no better preventing the Federal Government Symphony Orchestra, Lyric Opera, time than the present. Let’s stop ignoring this from penalizing couples for being mar- Ravinia, Goodman Theatre and the serious family problem today. ried. Now these families are able to Elgin Symphony Orchestra. Stu was f keep $1,400 a year of their hard earned the father of six, five daughters and a The SPEAKER pro tempore. Under a income if they can save for a down pay- son. His wife, Ann, his four children previous order of the House, the gen- ment on a house or a new car, obtain and between them, 23 grandchildren tleman from Ohio (Mr. STRICKLAND) is health insurance, pay off student loans, and four great grandchildren. recognized for 5 minutes. save for their children’s education or Stuart R. Paddock, Junior, he served (Mr. STRICKLAND addressed the to pay off debts. our country, he served our community, House. His remarks will appear here- The repeal of the marriage tax pen- he served his employees and served his after in the Extensions of Remarks.) alty passed last year is now helping family with courage, honor, determina- f families all across our Nation to better tion and thoughtfulness and will be plan for their future. If they are able to sorely missed by all. EXPRESSING SUPPORT FOR RE- eliminate debt, save for retirement or PEAL OF MARRIAGE TAX PEN- f pay cash for large ticket items, their ALTY future discretionary income will grow, IN HONOR OF EQUAL PAY DAY The SPEAKER pro tempore. Under a helping to also grow our economy. The SPEAKER pro tempore (Mr. previous order of the House, the gen- Between now and 2011, it is certain FLAKE). Under a previous order of the tleman from Virginia (Mr. SCHROCK) is that many of these couples’ income House, the gentleman from Michigan recognized for 5 minutes. will increase from raises or from tak- (Mr. DINGELL) is recognized for 5 min- Mr. SCHROCK. Mr. Speaker, I am ing new jobs. Also, they will be able to utes. happy to join my colleagues this better handle their day-to-day expenses Mr. DINGELL. Mr. Speaker, I rise today in evening in calling for the support of and any emergencies that may come honor of Equal Pay Day. This is a national day Congress to set in concrete the repeal along, but in 2011, that comfort level of action to promote fair pay. It is disheart- of the marriage tax penalty. provided by tax relief is set to dis- ening that Equal Pay Day comes only once a I was honored last year to become appear for these families. On that day, year. Mr. Speaker, everyday should be equal president of the Republican freshman the penalty for being married will sur- pay day. class of the 107th Congress. Early last prise them once again. Even though we have had equal pay laws year, our class members came together I cannot stand by and allow that to on the books for nearly 40 years, women still and made the repeal of the marriage happen to the 56,000 families that I rep- only earn .73 cents to the male dollar nation- tax penalty our class priority. Fresh resent. Unfortunately, there are those ally. In my home state of Michigan, that figure from the campaign trial and living in in this body and the other body that do is even worse, with women earning an aver- and working in our districts, each of not support making the repeal of the age of .67 cents to the male dollar. Not sur- our class members came to Washington marriage tax penalty permanent. They prisingly, women of color are in the worst posi- with the understanding that one of the will argue that we must work to ensure tion, earning only .64 cents to the male dollar. major priorities of the American peo- that Social Security is intact for fu- This, Mr. Speaker, is quite simply a disgrace. ple was to bring an end to this anti- ture and present retirees. I could not Equal work deserves equal pay. But in to- family, anti-marriage tax. agree more. Social Security is impor- day’s economy, unfair pay hurts more than On our third day on the job, our class tant for all Americans, and we should just women; it hurts families. When women joined with the gentleman from Illinois make sure that it stays protected for H1312 CONGRESSIONAL RECORD — HOUSE April 16, 2002 all Americans. However, I believe we herited a weakening economy and he I would note, as I stated earlier, that can save Social Security and provide says we have got this huge surplus, all the Bush tax cut did a number of good meaningful tax reform at the same this extra tax revenue that the Federal things to help working families. Pro- time. Government is collecting because taxes vided for marginal rate reductions, re- If we restrain the growth of govern- are too high and we are not spending it ducing the tax rate for every American ment and the growth of discretionary all, thanks to the fiscal responsibility who pays taxes, creating a whole new spending, we can achieve both, and the of this House. So why do we not take a tax rate structure. In fact, we created economic benefits from tax relief will portion of that surplus, that extra tax a new lower tax rate for the lowest in- help generate greater revenues as our revenue, and give it back to working come Americans, lowering their taxes economy continues to pull out of the families? Provide an across-the-board from 15 percent to 10 percent, helping now ended recession. tax cut that helps every working fam- low income taxpayers. Therefore, the repeal of the marriage ily, bring about tax fairness by elimi- We also, of course, repealed the death tax penalty should be made permanent nating the marriage tax penalty, wip- tax, a tax which has historically taken this year. Let us show the American ing out the death tax, increasing op- a majority of the family business away people that this Congress is determined portunities for retirement savings and from families who inherit the family to support legislation that helps saving for a college education? business from the founder and that has strengthen families and thus our com- The President was successful. Presi- caused so many businesses to go out of munities and economy. dent Bush’s leadership, with the leader- business, and some of my colleagues When the tax permanency legislation ship of the gentleman from Illinois are going to talk about that. comes to the House floor, I hope that (Mr. HASTERT) and Committee on Ways We doubled the child tax credit from we will send a strong message in sup- and Means chairman, the gentleman $500 to $1,000, helping families with port of American families by voting in from California (Mr. THOMAS), this children better afford their children’s favor of repealing this marriage tax House led the effort to lower taxes, and needs. penalty once and for all. in June of this past year, the President We increased retirement savings, in- signed into law what has become f creasing the amount one can con- known as the Bush tax cut. Unfortu- tribute to their IRA from $2,000 to MAKING PERMANENT THE BUSH nately, because of the arcane rules of $5,000, what one can contribute to their TAX CUT the Congress, the tax cut was tem- 401(k) from $10,500 to $15,000, and for The SPEAKER pro tempore. Under porary, which meant it had to expire in working moms and empty nesters, we the Speaker’s announced policy of Jan- the year 2011. allowed those over 50 to make up When we think about that, when it uary 3, 2001, the gentleman from Illi- missed contributions to their IRA and expires, it is going to mean a big tax nois (Mr. WELLER) is recognized for 60 401(k), essentially what we call catch- increase on millions of working fami- minutes as the designee of the major- up contributions. lies across this country. That is really ity leader. We helped families save for edu- what this vote is about on Thursday is Mr. WELLER. Mr. Speaker, this cation, increasing education savings whether or not we continue to keep week we have an important vote in the accounts from $500 to $2,000 a year, and taxes lower for working families, House of Representatives, and my good allowing families to use that for ex- whether or not we continue to have tax friend from Virginia, the leader of the penses for elementary and secondary fairness or do we bring back an unfair freshman class, our new Members, education, as well as for college. Tax Code that punishes married cou- spoke so eloquently on this issue that Those are good things. Also, because ples and takes away the family farm is before us, and a group of us plan to many families were stepping forward and family businesses and makes it kind of expound on this issue that is and volunteering to adopt children and harder to save for retirement or a col- going to be before us this week. give children a loving home, we in- lege education, essentially imposing a As President Bush noted this past creased the adoption tax credit to tax increase on working Americans. weekend, the tax cut that the Presi- $10,000 for children with special needs, That is what this vote is going to be dent led, initiated and our Congress and of course, for those with nonspecial this week. passed and was signed into law in June I would note that one of the argu- needs, we have it at $5,000, and we also expires in less than 10 years, and to- ments the President made when he increased the income level of families night we felt it was important to talk talked about the need to cut taxes is that can qualify from $75,000 to $150,000, about the impact of a temporary tax that the President stated that we need and we also prevented the alternative cut because this week, on Thursday to get the economy moving again, and minimum tax from interfering or tak- morning, the House of Representatives if workers have a little extra spending ing away this tax relief for working will begin debate on legislation which money in their pockets, they are going families. will make permanent what has become to be able to meet the family needs, go Of course, part of the debate of who known as the Bush tax cut. to the grocery store, make some im- benefits from tax relief is who gets it, Let us review a little bit of history provements to their home, fix the car, and there is always some who say, oh, here. Over the last 7 years that we have maybe have a family vacation the first we cannot cut taxes because those who had a Republican majority in the Con- time ever. pay taxes will get it. We should not gress, we have been working to balance The President said that if his tax cut help those who pay taxes because ap- the budget and also to lower taxes for was signed into law, the economy parently they are rich. Well, let me working families. Unfortunately the would get better, and frankly, it was note who it is that benefited from the previous administration, the Clinton- working. Economists tell us that by Bush tax cut. Gore administration, vetoed time and Labor Day of this past year, Labor Day Under the President’s tax plan that time again our effort to lower taxes for 2001, the economy was on the rebound was signed into law and this Congress working Americans. and the Bush tax cut was the primary supported on and that we are going to Fortunately, the voters of our Nation reason that the economy was on the make permanent or vote to make per- this past year and a half ago in Novem- upswing. Of course, every one of us manent this week, over 100 million in- ber of the year 2000 elected a President knows what occurred on September 11 dividuals and families pay lower taxes. who feels the same way the majority of and the terrible tragedy of that attack Forty-three million married couples this House does, that is, the taxes are on our Nation and its economic impact see their taxes reduced on average by too high, families are struggling, and with almost 1 million Americans hav- more than $1,700 a year. Thirty-eight of course, we need to find ways to bring ing lost their jobs. million families with children will re- fairness to the Tax Code. Well, the Bush tax cut is continuing ceive an average tax cut of almost I was very proud of the President’s to work and the economy is beginning, $1,500. Eleven million single moms with leadership because he noted in January according to economists, to get on the children will be able to keep on aver- of last year, and January 2000 when he rebound again, and tonight we want to age $77 more to care for their children. became President, that the economy talk about what was in the Bush tax Thirteen million seniors will see their was in a downturn. The President in- cut. taxes reduced on average by $920, and April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1313 3.9 million taxpayers, including 3 mil- Now, if our colleagues in this House nesses by making repeal of the death lion taxpayers with children, will have of Representatives vote this week tax permanent. Mr. Speaker, we must their taxpayer liability for the Federal against making the Bush tax cut per- make the elimination of the marriage tax burden completely eliminated. manent, Jose and Magdalene Castillo tax and the elimination of the death Think about that. Almost 4 million are going to end up paying higher taxes tax permanent. If we do not, Congress taxpayers under the Bush tax cut, once again when the Bush tax cut ex- will be increasing taxes on families. those at the lower end of the economic pires. I believe that is wrong, and I be- Let us work toward a more family- area, pay no more taxes, thanks to the lieve the majority of this House thinks friendly Federal Government. Let us Bush tax cut. it is wrong and unfair that if the Bush have a more family-friendly Congress. Small business owners and entre- tax cut were to expire that couples like Let us end these burdensome taxes preneurs will receive a big chunk of Jose and Magdalene Castillo and Shad once and for all. this tax relief. Whenever my colleagues and Michelle Hallihan would pay high- Mr. WELLER. Mr. Speaker, I thank argue about who is going to get the er taxes just because they are married. the gentleman from Indiana (Mr. rate reduction and what that means, We have two leaders that are here in KERNS), who as a freshman has been a the House that have been leaders on they have to recognize that the vast real leader in his efforts to eliminate issues so important when it comes to majority of small businesses, almost 80 the marriage tax penalty and working helping working Americans. I would percent, pay in the top rate, and we with President Bush and the gentleman lowered their rate to 35 percent. like to yield to the gentleman from In- from Illinois (Mr. HASTERT) and ensur- diana (Mr. KERNS), who has been one of b 2000 the leaders and one of my partners in ing that a key part of the Bush tax cut Mr. Speaker, I have worked with eliminating the marriage tax penalty. included what we consider to be the many of my colleagues over the last Mr. KERNS. Mr. Speaker, I rise most unfair tax of all, and that is the several years to address something we today in support of the legislation to tax on the institution of marriage, one call the marriage tax penalty. Often in make the elimination of the marriage of society’s most basic institutions. debate I have asked that question, is it tax permanent. One of my top prior- Mr. Speaker, I yield to the gentleman right, is it fair that under our Tax Code ities when I came to Congress was to from Missouri (Mr. HULSHOF). 28 million married working couples pay eliminate the marriage tax penalty, a Mr. HULSHOF. Mr. Speaker, what an higher taxes just because they are mar- penalty that unfairly punishes hard- appropriate time for us to really con- ried. working men and women for entering tinue this debate that we began a year Prior to the Bush tax cut, Americans into marriage, a fundamental institu- ago last spring when we, this body, saved money on taxes if they stayed tion of our Nation. voted in a bipartisan way to enact single. Our Tax Code encouraged cou- I have worked closely with the gen- some significant tax relief. ples not to marry. We made a decision, tleman from Illinois (Mr. WELLER), who Mr. Speaker, yesterday was in fact and it was certainly a priority of House has been a leader of this Nation on this tax day; and always there are jokes Republicans, to remove the penalty on issue. I was a chief cosponsor of this that sort of go around April 15. My fa- marriage. I often introduced a couple bill to end the marriage tax penalty, vorite happens to be an old Farmer’s from Joliet, Illinois, Shad and Michelle and it has been moving forward stead- Almanac saying if Patrick Henry Hallihan, who in combined income ily, but we do not have the job done thought taxation without representa- make about $65,000. Their marriage tax yet. We succeeded in passing marriage tion was bad, he ought to see it with penalty was $1,400 that they paid in tax relief; but after 10 years, the mar- representation. higher taxes just because they got mar- riage tax penalty returns. Imagine As one of the members of the Com- ried. that, our Federal Tax Code would once mittee on Ways and Means that insists Under the Bush tax cut, their mar- again punish married couples. That is on doing my own taxes, and I did not riage tax penalty was eliminated. Now why we are here today, to stand up for deny myself that enjoyment over the if the Bush tax cut is allowed to expire, families, to call for the final end to weekend, I was thinking what can we Shad and Michelle Hallihan will once this unfair penalty that singles out do to make the Tax Code simpler and again pay higher taxes just because married couples. Simply put, the elimi- fairer. As my seat mate on the Com- they are married. Their child, Ben, who nation of the marriage tax penalty mittee on Ways and Means, the gen- is 2, they got married about the time helps families. This is legislation that tleman from Illinois (Mr. WELLER) has we introduced the legislation, the child will provide relief to nearly 43 million done so admirably, and over these was about a year old by the time the married couples. It will save the aver- Bush tax cut was signed into law. When months I feel as if I know quite well age married couple $2,720. If we do not Shad and Michelle Hallihan because the Bush tax cut expires, when Ben is make this elimination of the marriage 11 or 12, that is $1,400 less that Shad the gentleman tells their story so fre- tax penalty permanent, Congress will quently on the House floor. and Michelle Hallihan are going to be raising taxes on families. We should As we set this debate up, Mr. Speak- have to be able to set into their edu- allow families to keep more of their er, first of all, why is this vote nec- cation savings account. hard-earned dollars and to save and use essary? Why is it that we are talking Let me give an example of another as they choose. The government should about permanence or the lack of per- couple from Joliet, Illinois, Jose and not be in the business of discouraging manence with what Congress did last Magdalene Castillo. They are both la- marriage. borers in Joliet, Illinois. They have For that same reason, the permanent summer? It is interesting to note, I two children, Eduardo and Carolina. repeal of the death tax is also sound think, that tax increases are always They suffer the marriage tax penalty public policy. People work hard all of permanent. I think back, we had a de- as well. They make about $85,000 a their lives it save and pass along some- bate recently about the Spanish-Amer- year. Jose makes about $57,000 in his thing for their families, perhaps a farm ican war tax, a tax on luxury tele- building trade construction-related or a small business to their children phones back in 1898 to help pay for the job, and Magdalene makes about and grandchildren. It is wrong for the war effort, and later the World War I $25,000. With their combined income Federal Government to punish those effort. That tax still exists today. and the way the marriage tax penalty families for their hard work and suc- I think of the inheritance tax that works for the Castillos is by being mar- cess. While we took a step in the right was enacted back in 1916; it still exists ried, they file jointly. When you are direction of ending the Federal estate today. It is a permanent tax. Even the single, you file as two singles. But tax, it, too, like the marriage tax, re- tax increases of 1993, I know the Demo- when you marry, you file jointly, turns after 10 years. How can we expect cratic colleagues are proud to point out which means you combine your in- the American people to plan for the fu- that tax increase passed without one come. That usually pushes one into a ture with the threat of the death tax single Republican vote; and a lot of higher tax bracket. For the Castillos, returning after a few years looming those items called deficit reduction tax for Jose and Magdalene, they paid overhead? still exist today. $1,100 in higher taxes just because they We must continue to protect and pre- So it is ironic when we are talking were married. serve the family farm and small busi- about tax increases; they are always H1314 CONGRESSIONAL RECORD — HOUSE April 16, 2002 permanent. And yet when it comes to each April 15. As these income tax about the gentleman from Illinois’ tax decreases, that is letting Ameri- rates are reduced, and when they are work on repealing the marriage pen- cans keep more of their hard-earned fully phased in in 2006, small businesses alty. He is the reason the marriage money, we have to go through yeomen are going to have additional resources penalty is repealed in this legislation. effort to try to make those tax cuts for fostering economic growth and de- He deserves the credit for that. And the permanent. velopment. In other words, they cap- gentleman from Missouri (Mr. I have had constituents who asked ture that money that normally they HULSHOF) who is my lead partner on me why was this sunset placed on the would pay to the Federal Government, this bill is the leading advocate for ag- bill. Well, there were procedural rules. they get to reinvest it in their busi- riculture and tax policy and helping When this tax relief measure made it nesses which creates more jobs, pro- farmers, in Congress, I would add. I to the other body, there were oppo- vides additional spending power for want to thank him for allowing me to nents to the bill which threatened to those people who work for those small join him in proposing this legislation filibuster the bill and institute a lot of businesses. For then to say, to pull the and being his coauthor on this legisla- arcane budget rules unless this sunset rug out from underneath them on Jan- tion to make this tax cut permanent. were added. There is no public policy uary 1, 2011, and say well, we know that I have been watching the debate. It rationale behind this sunset. It was you have enjoyed low tax rates of the seems that you can wrap it up into four simply an effort to avoid a procedural last couple year, but on New Year’s big issues. This tax bill, which we all roadblock in the United States Senate. Day of 2011, these tax rates go back to worked very hard to pass, the Presi- I do not believe that American tax- the pre-2001 level, that is a significant dent proposed, we worked on it in the payers should be held hostage to ar- income tax hike. Committee on Ways and Means, we cane Senate budget rules. From that It is for policy reasons that I think passed it bipartisanly through the policy perspective, I think it is impor- this body should act, and certainly I House, through the Senate and got it tant that we vote in favor of perma- would call on all of those from both signed into law, this tax cut fixes four nence. sides of the aisle that supported this big inequities. It brings fairness to four Mr. WELLER. Mr. Speaker, say that bill a year ago. I think there were 28 major issues. the Bush tax cut were to expire and the Democrats who joined us in this bipar- As the gentleman from Illinois has House and the Senate were to fail to tisan vote. If it was good policy then, it championed, it brought fairness to the pass legislation to make permanent the remains good policy now. issue of the marriage penalty. It re- Bush tax cut, eliminating the marriage Mr. WELLER. Mr. Speaker, reclaim- duced and repealed the marriage tax penalty, wiping out the death tax, ing my time, I thank the gentleman penalty. But it did many other things. across-the-board tax reductions, help- from Missouri for his leadership and On the retirement end, we have a pen- ing low-income families, creating a helping small businesses and agri- sion system that before this tax bill much lower tax bracket for low-income culture. Seventy-nine percent of those was written at a time in our pension families, would you consider that a tax who benefit from the rate reduction at laws, in our economy, when people did increase? the top bracket, as the gentleman not change jobs that much. What we Mr. HULSHOF. Mr. Speaker, there is pointed out, are self-employed entre- did in this bill was update our pension no question about it. There was some preneurs and small business people. laws so people could move their pen- discussion already that certain Sen- They are not rich people. These are sions with them as they change jobs. ators were talking earlier in the year folks down on Main Street. We fixed a lot of the problems that about suspending this year’s tax relief have been experienced with the Tax 2015 and capturing those monies for addi- b Code in the new economy. They have tional spending. There was some dis- They are real people that work hard, been fixed in this bill. cussion about whether suspending struggle to employ their neighbors and, We increased the act for businesses those tax cuts would in fact be a tax of course, benefit when we lower the to offer higher 401(k) matches to their increase or not. Putting that aside, tax rate because, frankly, making per- employees. We increased the cap on clearly on January 1, 2011, if Congress manent the Bush tax cut is also good 401(k)s. We increased the cap on IRAs fails to act, we will see a significant in- for the economy. from $2,000 to $5,000. That is another come tax hike of billions of dollars on One thing I have heard time and time big problem, a big fairness issue that America’s families, just as some of again from businesspeople and entre- we restored in this bill. We also re- those that the gentleman mentioned in preneurs and small businesspeople and pealed the estate tax, a tax that has his congressional district. farmers is that when they know there been the single greatest killer of the I know that the gentleman from Indi- is a provision in the Tax Code that af- transfer of family farms and small ana (Mr. KERNS) earlier was talking fects them and it is permanent, they businesses on to the next generation. about the death tax and marriage pen- are more inclined to make long-term And what we did in income tax rates, alty relief, and I see my cosponsor of investment decisions. When the con- and as you gentlemen mentioned, al- H.R. 2316, the gentleman from Wis- sequences are short-term, they are most 80 percent of the top rate bracket consin (Mr. RYAN), is here; and I look hesitant. So if we really want to get filers file as individuals, meaning the forward to hearing what he has to say. this economy moving again, it is one small businessmen and women of In today’s Wall Street Journal there more reason to make permanent the America are not corporations, they are was an editorial in favor of perma- Bush tax cut. not C corps, they do not file their taxes nence, and it was focusing on making We have been joined by the gen- as large corporations, they file their the death tax repeal permanent. I abso- tleman from Wisconsin (Mr. RYAN), a taxes as subchapter S corps, as sole lutely agree with that, but I think the colleague of ours on the Committee on proprietorships. Therefore, they pay in- entire tax relief measure that we en- Ways and Means, someone who is one dividual tax rates. acted in this Congress last year, all of of the thinkers in the House when it What happens right now under the those provisions, should be made per- comes to understanding policy and un- tax law, we are taxing small businesses manent. Here is why: derstanding also what it means for at a rate higher than we tax the largest There are so many sole proprietors, small business and for farmers and for corporations. So the small business small businesses in America, in fact, working people in every community in men and women of America on Main the majority of small businesses in America. I yield to the gentleman from Street USA, in the barber shops, and America that actually pay the indi- Wisconsin. all the small manufacturers, they were vidual income tax rate. In other words, Mr. RYAN of Wisconsin. I thank the being taxed before this tax bill at near- they did not pay the corporate income gentleman from Illinois for yielding. ly 40 percent, while we were taxing the tax rate, but instead because they are First before I contribute, I would like largest corporations of America, IBM, sole proprietorships and partnerships, to thank the two of you gentlemen for General Motors, Chrysler at 35 percent. perhaps they are subchapter S corpora- your leadership on this issue. This is This tax bill lowers that small business tions, they have the benefit of this in- my first year on the Committee on tax rate to the same tax rate as large dividual income tax rate that they pay Ways and Means. I have long known corporations. April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1315 Mr. WELLER. Let me ask the gen- park, they were forced to sell off a tives of the media have begun to in- tleman this question. Are you telling piece of grandpa’s farm in order to pay quire about the bill being on the floor me that prior to the Bush tax cut, that the estate tax. this week, and one question that I self-employed people, entrepreneurs, So if you care about open space, think we have to continue to answer small businesspeople actually paid at a about urban conservation, farmland this week as we move forward the bill’s higher tax rate than IBM or any other and urban sprawl and frankly the envi- consideration on Thursday is why are major corporations? ronment, you should work for the we taking up the bill now? If we are Mr. RYAN of Wisconsin. That is ex- elimination of the death tax. I know talking about something, the sunset actly right. That is one of the injus- that was one of the arguments I heard actually not taking effect until Janu- tices, one of the fairness issues we fixed many times from the farmers in my ary 1 of 2011, why consider the bill now? in this tax bill. We finally lowered the suburban area, if you care about the I think the gentleman has, in part, small business tax rate to be equal environment, about open space and the answered the question, because if you with the corporate tax rate. Because preservation of farmland, you want to are a small businessperson, certainty before this tax cut, it was higher than eliminate the death tax. in the Tax Code is appropriate as you that. Not only do we help Americans Mr. HULSHOF. I would like to am- make long-term decisions about your save for their retirement, not only do plify the point by my colleague from own business. Moreover, especially the we repeal the estate tax in this bill, the Wisconsin and coauthor of this bill to death tax. You cannot legitimately single greatest killer of transfer of sunset the sunset. It is interesting that plan or have an estate plan based upon your business to the next generation, a New York Times columnist, as he the uncertainty of the death tax being not only did we repeal the marriage was commenting on the work that we gone today and back tomorrow. And so penalty and not only did we lower the had done, and finally we were moving that certainty is necessary. I would say small business tax rate to that level of toward repeal of the death tax, but as to those green eyeshade wearers in this the large corporate tax rate, what we the gentleman noted, for a single year, body, I do not mean to denigrate be- 2010, and this New York Times col- did was we helped people reinvest in cause there are fiscal considerations to umnist dubbed what we had done, the their businesses, we helped people keep this as well, but I was informed by one ‘‘throw momma from the train act,’’ more of their own money. of the media representatives today because the only way to take full ad- What is going to happen if this legis- that the Senate majority leader said vantage of the death tax repeal was to lation to make this tax cut permanent throw momma from the train in the that a vote on permanence would be does not pass is we will be imposing on year 2010 because on January 1 of the fiscally irresponsible. And so I want to January 1, 2011, the single largest tax next year, then here comes the death answer with certain budget numbers, increase in American history in any tax springing out of the grave, coming that this is fiscally responsible. If we given year. We are going to impose on back to life. were to enact permanence to the tax the American taxpayer a $125 billion Mr. RYAN of Wisconsin. I appreciate cut of a year ago, the revenue impact tax increase that year. that comment. That is what is so crazy would be $374 billion over the next 10 So, for example, if you are a small about this arcane rule in the other years. The amount, the most recent business owner or a family farmer and body that was forced into this legisla- projection by the Congressional Budget your estate is worth, they say, $3 mil- tion that sunset this tax cut in the Office, that is, our bookkeepers for the lion, there are a lot of small family year 2011. If this legislation that we are House, propose that over that same pe- farms in Wisconsin that are worth well now proposing does not pass, on the riod of time, we will be taking in a sur- more than $3 million. They have a lot year 2011, the estate tax goes from zero plus of $2.332 trillion. And so this real- of assets locked up in combines, in to 55 percent. The education IRAs go ly, as far as the fiscalness of what we land, in barns and other kinds of from a $2,000 limit back down to $500. are taking up, is appropriate. things. If you are a small business The IRAs, individual retirement ac- I think, again, the worst thing we owner and you own some kind of small counts, go from a $5,000 per year limit could do is allow these tax items, the distribution business, you have some back down to $2,000. 401(k)s go back many tax relief measures that we have vans and trucks and a factory, $3 mil- from $15,000 per year down to $10,500. been talking about, to somehow allow lion can add up very quickly. If you The marriage tax penalty comes back them to be what we know in parlance died in the year 2010, you do not pay an to haunt us. All of those things that we to be called extenders, that is, just as estate tax. That is the correct way to will have been accustomed to over the they are getting ready to expire, do it, because you already paid taxes decade, all of those tax inequities, mar- maybe giving another 2 or 3-year ex- on all the money you earned while you riage tax penalty, estate tax, taxing tension of that tax cut. Again, I think were living. But if that person with the small businesses at a higher rate than that just breeds a lot of uncertainty. $3 million estate dies on January 1, corporations, all will come back in And so from a policy perspective, I 2011, that person is going to have to that one year to sock it to the Amer- think it is so vitally important that we pay $800,000 in estate tax. Just think of ican economy. That is one thing that I enact this permanence. this. If you die in the year 2010 when think we need to bear in mind. Getting away from the numbers, if the estate tax is repealed, no tax. If What is this going to do to our econ- the gentleman would permit me just you die the next year, $800,000. omy? I hear it from so many small another minute or so, I do not have a Mr. WELLER. I represent the south business members and entrepreneurs photograph, but a family that has ac- side of Chicago and the south suburbs, and farmers in my district, that they tually been portrayed, I think, in USA of course, an area that is going from say, we cannot plan appropriately for Today and some other national publi- farmland to subdivision in many cases. the future. There is so much hesitancy cations is the Eiffert family. Howard We have a lot of family farmers in the built into the marketplace all across Eiffert, the constituent, is from Colum- Frankfurt and Mokena area, in the America because they do not know as bia, Missouri. Howard Eiffert began a Manhattan area in Will County, and small business men and women wheth- lumber business back about 37 years they would like to stay in the farming er they can bank on the fact that these ago. He has two sons now, Brad and business. But many of them have told tax laws are going to be made perma- Greg. Brad and Greg Eiffert are run- me the story of when grandpa died, be- nent. So they withhold that invest- ning the lumber business. It is a fairly cause the value of that land for devel- ment. They do not take that extra small business. It employs about 32 opment purposes, even though they risk. The bank will not give them cred- people. Yet they are so concerned wanted to keep it in the family farm, it because they do not know what is about the estate tax or the death tax continue farming it, keep it in open going to happen in the future with re- that they have reported that annually space, because they like farming and it spect to tax law. So we see a hesitancy they contribute between $30,000 and is a family business, because of the es- built into the marketplace. That $35,000 a year to purchase an insurance tate tax and the value of that land if means less risk, less job creation, less policy on the life of Howard Eiffert, the they sold it to somebody who would de- economic growth. founder of this company, in the event velop it and build houses or put a fac- Mr. HULSHOF. As we have already that he were to meet his demise in that tory there, turn it into an industrial begun to debate this and as representa- year and that insurance policy then H1316 CONGRESSIONAL RECORD — HOUSE April 16, 2002 would pay the Federal Government Americans. The Bush tax cut actually under the Bush tax cut on average by this estate tax bill. provides help for 100 million Americans $920, and 3.9 million taxpayers, includ- Brad and Greg, who now run this who benefited from the Bush tax cuts: ing 3 million taxpayers with children, company, have expressed to me so across-the-board rate reductions, which had their tax liability to the Federal many times, and very passionately, helped everyone who pays taxes; elimi- Government completely, completely think of what that business could do nation of the marriage tax penalty; wiped out. with another 30 to $35,000 a year. It elimination of the death tax; doubling Mr. RYAN of Wisconsin. If the gen- could be a well-paying job for another the child tax credit; increased oppor- tleman will yield on that point, what employee every year. It could be tunity for retirement savings and sav- was that number again? maybe another piece of equipment. It ing for education. Mr. WELLER. Three million families could be adding on to their warehouse If you vote against making it perma- with children no longer pay Federal in- where they keep the lumber and their nent, you are really voting to put the come taxes because of the Bush tax inventory. It could be a lot of things. marriage tax penalty back on Jose and cut. But unless we make the death tax per- Magdalene Castillo, or Shad and Mr. RYAN of Wisconsin. Under the manent, unless we take this entire tax Michelle Hallihan and 28 million other Bush tax cut, over 3 million families cut of a year ago and make that tax married working couples across Amer- are being taken off the Federal income cut permanent, there is going to be ica who pay higher taxes, or the hun- tax roles and would be put back on, this continued uncertainty, which is a dreds of thousands of small businesses they would have new taxes reimposed drain on our small businesses across and family farms that are in jeopardy back on them, if this tax bill is not the country. That is why I hope for a of moving on to the next generation be- made permanent? Mr. WELLER. Reclaiming my time, good vote this week. cause of the death tax; and if we fail to make permanent the elimination of the the gentleman from Wisconsin is abso- b 2030 death tax, we put it back in place, jeop- lutely right. Three million families Mr. RYAN of Wisconsin. I want to ardizing the future of the family farm with children would be placed back on point out also the score the gentleman and the family business. the tax rolls, and 3.9 million taxpayers mentioned, the revenue cost that is as- If you care about retirement savings, would be placed back on the tax rolls. sumed by the Congressional Budget Of- well, if you vote against making per- Mr. RYAN of Wisconsin. Three mil- fice. What is interesting about that manent the Bush tax cut, you better lion families hit with a new tax in the score is not so much that it is $374 bil- save every dime that you are capable of year 2011. lion out of a surplus of $2.3 trillion. It doing right now, because in 2011 you Mr. WELLER. Yes. The gentleman is that that is the most dour and pessi- will go back to $500, versus the $2,000 from Wisconsin is absolutely correct. If mistic, conservative score anybody for education savings accounts, or you think about it, who are those fami- could come up with, because that score $2,000 versus $5,000 for your IRA. Those lies? Who are those individuals? They are low-income Americans. The biggest assumes that people will not change are tax increases. beneficiaries of the Bush tax cut, what their behavior when their taxes are Some are going to argue that we we passed this past year, were low-in- cut. should not make it permanent because come families, because low-income That score denies the assumption they want to spend the money. They families saw the biggest portion of that if we lock in permanency we are think it is better that we collect that their taxes wiped out. If you think going to unleash a lot of investment money and reimpose those taxes and about it, 3 million Americans with out there. When we lock in certainty to collect that money and spend it here in children who previously had paid taxes the small American businessman and Washington, because Washington can no longer pay Federal taxes. That is businesswoman and entrepreneur, that, better spend the folks back home’s total simplification of their taxes. yes, this tax law is permanent and now hard-earned dollars better than they They no longer have to pay taxes. you can move on with certainty to ex- can. I was so proud of the leadership of What happens to the money that pand your job and invest, that we are President Bush, and I was so proud of would have come to Washington? They going to get positive economic growth the leadership of Speaker HASTERT and can spend it back home in Janesville, out of that, I believe that the economic the Republican majority in this House Wisconsin, and Morris, Illinois, and Co- positive benefits we are going to get and moving through the Bush tax cut, lumbia, Missouri, fine communities, out of this bill will more than make up because, similar to the Kennedy and where there are hard-working people for a lot of the revenue costs we are as- Reagan tax cuts, this tax cut is mean- who can better spend their hard-earned suming. ingful. One hundred million Americans dollars better than we can for them They assume no one makes a change benefit. and take care of their families’ needs, if their taxes are changed. They as- Again, let me share those statistics and maybe buy some new clothes for sume no positive economic growth is of who benefits from the Bush tax cut the kids to go to school, or make an derived from a lowering of marginal in- and our efforts to make it permanent. addition on to the family house, build come tax rates or repeal of the estate Again, 100 million individuals and fam- an extra bedroom for the children. tax. They just assume it is a loss of ilies pay lower taxes because of the They have all been bunking together, revenue to the government. Bush tax cut. If we fail to make it per- and they are getting older and they So even though we now can point out manent, their taxes go up. want to put an addition on the house. that the loss of revenue according to Forty-three million married couples So they can afford to do it with the our budget keepers is minuscule in see their taxes reduced on average by Bush tax cut. But if you vote against comparison to the size of the surplus more than $1,700 a year. If you vote permanency, you are reimposing that over the decade, they do not point out against making the Bush tax cut term and hurting those 3.9 million families all of those positive economic benefits, permanent, you are reimposing a mar- who no longer pay taxes because of the the jobs that will be created, the in- riage tax penalties on Jose and Bush tax cut. vestment that will be unleashed, by Magdalene Castillo, who right now save I would like to ask the gentleman making certainty in this tax bill. about $1,125 a year because of marriage from Missouri, and be happy to yield, Mr. WELLER. Reclaiming my time, tax penalty relief. you have also been one of the leaders again I want to commend the gen- Thirty-eight million families a year on retirement savings. Of course, the tleman from Missouri (Mr. HULSHOF) with children, Jose and Magdalene are Bush tax cut built upon a lot of the and the gentleman from Wisconsin (Mr. an example here with Eduardo and work done by our colleague, the gen- RYAN) for their leadership on making Carolina, they benefit from the child tleman from Ohio (Mr. PORTMAN), and permanent what we call the Bush tax tax credit as well. If you fail to make many others who have worked so hard cut and what the real impact is on fam- the Bush tax cut permanent, you take to increase the opportunity for small ilies. that away from them and raise their businesses to offer additional retire- When we think about it, voting taxes on their kids. That is wrong. ment savings opportunities for their against permanency is a tax increase. I have a note that 13 million senior workers, and also for individuals to be It is a tax increase on millions of citizens have seen their taxes reduced able to set aside money in their IRAs. April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1317 I would be happy to yield to the gen- aisle have helped vote for it, worked One is the notion of flexibility and tleman to explain that portion of the for some of these items, those items freedom, and the other a basic philos- Bush tax cut. would be no longer in the Tax Code. ophy that we really need to change, Mr. HULSHOF. I appreciate the gen- That positive tax relief would be oblit- and we have played a great role in tleman yielding. erated if this House and Congress do changing it, and that is the notion that What is interesting about our Tax not act to make the tax cut perma- people should not be punished for suc- Code is it really does punish those who nent. ceeding; that they should have the pos- wish to save and invest. There are so Mr. WELLER. Reclaiming my time, sibilities economically to deal with many other nations that have a higher again, I salute the gentleman from whatever challenges confront them in savings rate than the United States of Missouri for his leadership in helping life. America because we have built into our expand education savings accounts. I My friend from Missouri talked about code, in fact, I am so familiar again think of thousands of families in the educational tax credits, and certainly with my 1040, having just spent so district that I represent, the South our heart goes out not only to those much time with it, line 8 of your 1040 Side of Chicago and the south suburbs, who are planning for college, but chil- says what was your interest income, who now have the opportunity, thanks dren with special needs, the oppor- put that here, because we are going to to your leadership, to be able to set tunity to help parents of a Down’s Syn- tax it. A lot of nations do not do that. aside money for elementary and sec- drome child, provide educational op- So we have tried in various ways to ondary education, schools of their portunities through the Tax Code to help American families, especially as choice, or else for other expenses af- enhance their options and flexibility, they look way down the road at retire- fecting their child’s education. not to wait upon the largesse of gov- ment. We have a vexing problem ahead In the past it was only for college ernment, but to utilize their own of us as far as the baby boomers retir- and you could only set aside $500; but money for their own legitimate inter- ing and the future solvency of Social under the gentleman’s leadership, you ests and their own timetable. Security. That is an issue for another can set aside up to $2,000. Think about That is really what it comes down to, day. that. When a child turns 18, if you to transfer money, power and influence But what we have done over the could only set aside $500, that is $9,000. out of the hands of a bureaucracy, an course of Congress, since 1997, as the Well, we all know what college costs impersonal bureaucracy in Wash- gentleman recalls the significant tax today, and that would not go very far ington, D.C. and understand that the relief that we passed back in 1997, that at a year’s tuition at most universities money utilized does not belong to the was actually signed into law by then across this country. Federal Government. President Clinton, we created some ad- But thanks to the gentleman’s lead- I look and I see my friend from Ari- ditional savings vehicles and tried to ership, now they would be able to set zona serving tonight as Speaker pro expand the opportunities for families aside $2,000 a year and potentially have tem. Last night we were at the State to put money aside in 401(k) plans, or, up to $36,000 that they could save and Capital in Phoenix discussing the real- as the gentleman knows, really a pet set aside for college, if they do not ization that the money people gave vol- issue of mine, to help parents save for spend any of that for elementary or untarily April 15 is their money. their childrens’ education. Back in secondary education. 2045 1997, the idea was created of an edu- So I commend the gentleman for his b cation savings accounts. Now we have leadership. That means a lot to the They give to the Federal Government the ability, because of last summer’s people of the south suburbs, towns in ‘‘voluntarily.’’ When we allow people to tax cut, the Bush tax cut, as the gen- Joliet and elsewhere. have more of their own money to save, tleman has referred to it, we have now We have been joined by my other spend, and invest as they see fit, things given more flexibility to families to seatmate on the Committee on Ways work better for them, and government put money, or even neighbors or and Means, a classmate of mine. I re- actually works better. churches or businesses, to put money member when the gentleman from Ari- The other thing that my colleagues into a family’s education account in zona (Mr. HAYWORTH) and I were elect- have talked about tonight is the bipar- the name of their child. ed to Congress. Of course, we were tisan nature of this historically. Think It used to be pretty strict as to what working on the Contract with America, back to recent history. Four decades that education account could be used and a key part of the Contract with ago it was Jack Kennedy who said, let for. Now we have some flexibility. Not America was lowering taxes for fami- us reduce the marginal tax rates; in his only can you contribute more money lies. Of course, part of Contract with words, ‘‘a rising tide lifts all boats.’’ into it, up to $2,000 a year, but it is not America was eliminating the marriage Two decades ago it was President Ron- just for those students, those children tax penalty, creating a new adoption ald Reagan who suggested the same who go to public college. It could be tax credit, creating a new child tax thing, and then just last year, working used for any educational expense for credit. with our current President, George W. any child. It could be K through 12. It Thanks to the leadership of many, Bush, we were able to again enact mar- could be a tutor at school if you are and particularly the gentleman from ginal rate reductions. having trouble with 4th grade math. It Arizona, we created that new adoption Now, here is something, and this is could be a computer program, it could tax credit. Of course, we expand it in one of the things I lament in the way be a foreign language skill or some the Bush tax cut and make it bigger. Washington works. Given the arcana of help in that regard. It can be anything And we created the child tax credit as the budget and the way we predict to help educate our kids. part of the Contract with America, and things here, it is very Washington-cen- So this was a tremendous change, a we have doubled that under the Bush tric. We take a look at what is called a positive change. We called it the Cover- tax cut. If we fail to make it perma- static model. We fail to take into ac- dell account in honor of the late Sen- nent, we lose it. It is taken away. count growth in revenues to the Fed- ator from Georgia who had first cre- I would be happy to yield to the gen- eral Government. It is a historical fact ated this idea back in 1997 of putting tleman from Arizona (Mr. HAYWORTH). that under Jack Kennedy and under aside money and letting the interest Mr. HAYWORTH. Mr. Speaker, I Ronald Reagan, when we reduced the that is built up be tax free. thank my colleague from Illinois, Mr. tax rates, revenues actually increased I hesitate to think, I shudder to Speaker; and I thank my other col- to the Federal Government. think, that if we do not make this tax leagues the Committee on Ways and The gentleman from Arizona in the cut permanent, that that flexibility is Means, the gentleman from Missouri Chair tonight made the point last gone, the ability to contribute money and the gentleman from Wisconsin, for night at the State capital. And, we re- into that education account, up to joining us this evening. call this as members of the Committee $2,000 a year, is gone. In listening to my friend from Mis- on Ways and Means in 1997 when we, So the number of positive tax souri speak about the different oppor- through cheerful persistence, per- changes that we have helped create, in tunities, I was struck by really two suaded a reluctant President to join us a bipartisan way, friends across the themes running through his discourse. in a reduction in the top rate of capital H1318 CONGRESSIONAL RECORD — HOUSE April 16, 2002 gains taxation, especially for primary 100 million Americans who benefit with our present Federal budget that I residences that cost less than $600,000, from what we call the Bush tax cut and think the American people need to and what that meant to housing starts that, of course, is the fact that there hear. and new home sales and just a change are 3 million Americans who, under the This past August, Secretary of the in the real estate market. Bush tax cut, no longer pay Federal Treasury O’Neill wrote the first of But it was very interesting; the gen- taxes, low-income families. Of course, three letters to Congress requesting an tleman from Arizona, the Speaker pro if we fail to make it permanent, those increase in the debt limit. In these let- tempore tonight, made the point that low-income families are taxed once ters, he asked for a $750 billion in- the forecasters, the estimators said again, and that 79 percent of those who crease. None of these letters, however, that that capital gains rate reduction benefit from the top rate reduction are mentioned how long $750 billion would was going to cost the Federal Govern- small business entrepreneurs. I am keep the Federal Government in the ment. Yet, the reality is in terms of happy to yield the remaining time to clear. More important, none of the let- revenue accrued, it has been a triple- the gentleman from Arizona. ters recognized the irresponsibility in- digit winner. Revenue has been pro- Mr. HAYWORTH. Mr. Speaker, one herent in asking Congress to hand the duced. Why? Because it is a simple no- fact which we should remember and administration a three-quarters of a tion, regardless of party affiliation. which should give every Member of this trillion dollar blank check without The simple fact that the budgeteers do House pause, if we fail to make these also requiring it to explain how we are not want to recognize is this: reduction tax cuts permanent, then a decade going to get back to balanced budgets in tax rates leads to economic activity, hence, we will see the largest tax in- and a Social Security surplus that is leads to job creation, especially when crease in American history eclipsing off limits. we reduce the capital gains rate, leads what we saw in 1993 under former Many of my Blue Dog colleagues to capital formation and the use of cap- President Clinton. have pointed out on past Tuesdays that ital, putting it to work. When we do Mr. WELLER. Mr. Speaker, in clos- the Federal debt limit is a lot like the that in an economy, a people prosper. ing, again, we have a very important credit limit on any credit card used by Indeed, one magazine in town asked vote on Thursday. Thursday morning any American. The difference in this our friends on the left if they were this House of Representatives is going example is that the administration has really concerned about revenues to the to cast a vote on whether or not to hit its credit limit at $5.95 trillion dol- government, perhaps they should join make what we call the Bush tax cut lars, but not indicated a willingness to us in asking for tax reductions because permanent. A vote against permanency examine its own fiscal policies. Few overall revenues increase, based on is a vote for the biggest tax increase in things in life are certain, but I feel con- economic activity. the history of our Nation, or do we con- fident in saying that the average fam- So it is simple self-interest, not self- tinue to help those 100 million Ameri- ily in southern Indiana, if faced with a ishness, but a chance just as President cans who benefit from the Bush tax cut maxed out credit card, would step back Kennedy said in the 1960s, that a rising who see their rates reduced, 3 million for a moment and figure out how he is tide lifts all the boats, and as President Americans who no longer pay taxes, going to pay it off. Reagan said in the 1980s, that people couples such as Jose and Magdalene In early April, Secretary O’Neill sent can save, spend, and invest their Castillo who will no longer pay the another letter to Congress. This time money as they see fit, rather than marriage tax penalty, but if the tax cut he was writing to inform Senate and keeping Washington in charge, or as expires, they will once again, because House leaders that he was tapping Fed- President Bush said in Iowa yesterday: people like the Castillos from Joliette, eral Government retiree accounts, let expand the recovery, take the lesson Illinois will once again pay the mar- me repeat that again, that he was tap- that we learned in the economic down- riage tax penalty. Let us make it per- ping Federal Government retiree ac- turn, and even in the wake of the dark manent. Let us do the right thing. Let counts in order to give the Federal days, in the aftermath of 9–11 and the us prevent the world’s largest tax in- Government the breathing room it uncertainty we confronted then, and crease. needs to continue to meet its spending move to make the marginal tax relief f obligations. and the other provisions that my col- Now, Mr. Speaker, in the private leagues have discussed tonight, Mr. RAISING THE FEDERAL DEBT world, if a business tried to raid its Speaker, move to make that perma- LIMIT pension fund and was found guilty of nent so that we can continue to grow The SPEAKER pro tempore (Mr. doing that, they would go to jail, but this economy and people will have the JOHNSON of Illinois). Under the Speak- here we are doing a similar thing with freedom and the flexibility to choose er’s announced policy of January 3, government retiree accounts in order what is right for them, and they will 2001, the gentleman from Indiana (Mr. to give the government the breathing not wait upon government programs HILL) is recognized for 60 minutes as room it needs to continue to meet its for improvement, with educational op- the designee of the minority leader. spending obligations. portunities, especially for those chil- Mr. HILL. Mr. Speaker, this evening Six years ago, 225 members of the dren with special needs, with the pur- the Blue Dog Coalition will once again majority party voted to reprimand and chase of a home, with the starting of a be discussing the administration’s re- prohibit then-Secretary of the Treas- business, with the raising of a family; quest that Congress raise the Federal ury, Robert Rubin, from taking these indeed, every facet of American life, debt limit, and that is what we want to same actions. Now, one could argue give people the freedom to recognize talk about this evening. The Blue Dog that the old saying, what is good for the money belongs to them. Coalition, for those who are listening, the goose is good for the gander is in Mr. Speaker, we made substantive is a group of about 30 Democrats who order here. Even if one-quarter of the changes in the Tax Code and it is a believe it is important for the Federal 147 who remain in the House had been start, but we need to follow the call of Government to be fiscally responsible; moved to action by Secretary O’Neill’s our Commander in Chief who asks now in other words, not to spend more recent maneuver, there is little doubt that we finish the job, that we make money than it takes in. I think the in my mind that together we would these rate reductions permanent, so American people, with their families, have already sat down to discuss some that the economic renaissance and the try to practice their own home budgets kind of compromise, a plan to, one, rebuilding and the restoration of our in the same way, and the Blue Dog raise the debt limit enough to get the economic conditions toward greatness Democrats have adopted this principle. government through this fiscal year; can continue. I thank the gentleman. Balancing our budgets helps us keep in- and two, to get our budget back in bal- Mr. WELLER. Mr. Speaker, I would terest rates lower so that businesses ance without relying on Social Secu- be happy to yield some additional time and families can borrow money at rity surpluses. to the gentleman from Arizona, and I lower interest rates. It is the only Historically, partisan squabbling has would like to ask the gentleman from right and common sense thing to do. characterized the debate over whether Arizona a question. We have been not- The Blue Dogs tonight want to talk to increase the Federal debt limit. ing in our conversation here about the about some problems that are going on There are many Blue Dogs, however, April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1319 who would like to put an end to polit- used to help balance the budget country’s recession, have clearly put us ical gamesmanship and get down to through the end of the decade. This is into a circumstance where right now business. We do not believe in political our problem: The elephant is a fiscal we are running a deficit this year. brinkmanship, especially when the house not in order. I do not like deficits and I do not like ability of the United States Govern- Last year, the Blue Dogs presented a debt. I think most members of the Blue ment to continue to meet its lawful fi- plan that was prudent, fiscally respon- Dog Coalition, in fact, I think all mem- nancial obligations is on the line. sible, and dealt with the future of both bers of the Blue Dog Coalition, would No one among us is suggesting that Social Security and Medicare. Our plan agree with me on that. But we recog- the Federal Government be allowed to would have cut taxes and paid down nize that there are times in the short default on its debt. Secretary O’Neill’s the debt. Unfortunately, we were not term where it is appropriate, in ex- recent tapping of the Federal employee successful in passing our plan. traordinary circumstances. Being at retirement funds, however, does not Now we are being asked to green- war, in a recession, it is appropriate to change the fact that we are bumping light an additional three-quarters of a see a deficit. up against the debt ceiling. In fact, ac- trillion dollars in debt to help imple- But just like in the business world, tion is still needed and the Secretary ment the plan that carried the day. there are times when we have a bad now has one less accounting trick up That is too much to ask when we have year and maybe we put more money his sleeve. As of this evening, the ad- not at all yet acknowledged the ele- out than we pay in revenue; but in the ministration has put only one option phant in our midst. business world, if we keep doing that on the table: raise the debt limit by The conventional wisdom here in year after year, we get in trouble. three-quarters of a trillion dollars. Washington is that the long-term in- The problem here is we do not have a That is it; that is the only option. crease in the debt limit will be at- plan yet for how we are going to get In early 2001, it was projected that tached to the supplemental appropria- out of the problem. For the administra- the debt limit would not need raising tions request. This $27 billion supple- tion to request an increase in the debt until 2008. Let me repeat that. In early mental spending request to fund the limit of $750 billion, I have to tell the 2001, last year, it was projected that immediate needs in the war on ter- Members, we throw a lot of numbers the debt limit would not need raising rorism is very obviously important. around in this town, but that is a lot of until 2008. Even though the administra- The war is important, and we need to money. To suggest we raise the limit tion has requested an increase in the fund it. From the beginning of this war by that much without identifying any debt limit far sooner than we expected, campaign, we have been supportive of plan for how we are going to end this there has been no talk about its evalu- doing whatever it takes to make sure pattern of increased deficit spending, ating its own budget policies, no talk our fighting men and women can do that is just not being responsible, and about fashioning a plan to get back to their jobs. But pairing an increase in that is not really what my constituents a balanced budget without using the the debt limit to this important bill is elected me to do. Social Security surpluses, and no talk not necessary. In fact, it could com- I am not here to force this country to that maybe, just maybe, we have a plicate consideration of the supple- face some type of problem that they problem here that needs to be dealt mental request. are not able to pay off their obliga- with. So as members of the Blue Dog Coali- tions. I would be more than happy to The basic Blue Dog position has not tion, we are ready to sit down and work support a short-term limited increase changed. We still say that along with with the administration to come up in our debt limit to accommodate the any action on the debt limit must with a plan to get our budget back in current circumstances we are in, where come a recognition that we have a balance without using Social Security the war on terrorism and the recession problem and a plan to correct that surpluses, and provide for a short-term have clearly put us into a deficit situa- problem. increase in the debt limit. It is time for tion. I will accept that for the short The current budget situation is like all of us, Democrats and Republicans, term. The Blue Dog Coalition is pre- the elephant living in the living room. to roll up our sleeves and get the work pared to support a clean, limited in- He is there and he is larger than life, done. crease in the debt ceiling to accommo- but very few, if any, of our colleagues Mr. Speaker, it is my pleasure to date that purpose in the short term. on the other side of this aisle, they will yield to the gentleman from the great But what we have to have happen not acknowledge him. Several of my State of Utah (Mr. MATHESON), another along with that is a commitment to sit Blue Dog colleagues and I have been, member of the Blue Dog Coalition, a down and really take on this long-term over the past couple of months, trying new member who has done an out- problem. There are no easy solutions, to alert everyone who will listen, to standing job on the Committee on the as I said at the outset. It is going to re- the elephant’s presence. Rest assured Budget. quire a lot of work, a lot of work by that we will keep coming down here to Mr. MATHESON. Mr. Speaker, I people on both sides of the aisle. the floor and pointing him out until ev- thank my colleague, the gentleman That is why I have to suggest that I eryone acknowledges that he exists and from Indiana, for yielding to me, and am really proud to be part of the Blue he is in the living room. also I appreciate the very good descrip- Dog Coalition, because I think the Blue This elephant, unfortunately, comes tion he has given of the circumstances Dogs really have a reputation for sit- with his own set of numbers. In one we are finding ourselves in. ting down, rolling up their sleeves, and year, the projected 10-year surplus de- This is not an easy circumstance. It putting their plan out on the table. We creased $4 trillion. The Federal Govern- is a challenge we face. The answers to do not try to use a lot of rhetoric, we ment will run a deficit, both this year this challenge are not simple. try to talk about real numbers, and we and next year. Because of these defi- If they were simple, we probably welcome people to sit down with us and cits, the Federal Government will have would have already taken care of it, tell us where we are wrong, because we to borrow money to pay its bills and, but we have not. Instead, we find our- are open to a dialogue and we are open to pay these bills, the government will selves in a circumstance where our to suggestion. I wish more people in borrow almost $2 trillion more this country has a war on terrorism, our the House would take us up on that decade than was expected when the country faces increased requirements offer, because this problem we face CBO published its numbers in January in terms of providing for homeland se- right now is a serious one, and it is one of 2000. curity, and those are issues that we as that is of great concern. Blue Dog members support. We fully I look at this issue, quite frankly, as b 2100 support that effort. I look at a lot of issues, through the All told, by the time the interest We are also in a recession. We are eyes of my 3-year-old son. I try to payments are added in, the national hopefully coming out of that recession think about what life is going to be debt will be almost $3 trillion larger right now. like for him. I think about the extra than earlier projected when the 10-year But those factors, the increased re- burden we are placing on his genera- budget closes. And, to top it all off, So- sources going to the war on terrorism tion as we rack up more and more debt, cial Security surplus dollars will be and to homeland security and our and a bigger slice. H1320 CONGRESSIONAL RECORD — HOUSE April 16, 2002 Do Members know those pie charts PHELPS) very well for the last going on claim we are going to do. That just is we always see, where that slice of the 4 years now, and he is a man with a dis- not so. pie that represents interest payments tinguished record in the Congress of I want to pay down the public debt, is just going to keep expanding? That the United States, and one of the out- balance the budget, give tax cuts that is not a future I want to leave for my standing Blue Dogs who feels very are affordable and reasonable, as I have son. I do not think it is a future any- strongly about this issue. I yield to the voted, such as repealing the estate tax body in Congress would want to leave gentleman from Illinois (Mr. PHELPS), and the marriage tax penalty, those for the next generation, and that ought a person that I came into Congress that are affordable, and that we can to be the focus that we have right now with back in 1998, and a person who make Social Security then solvent. as we make those decisions. serves on the Committee on Agri- But all of this cannot be done if we When we talk about this debt limit culture and the Committee on the travel down this path and this policy issue, I often like to refer to an experi- Budget. direction. We must be honest with the ence I had before I came to Congress, in Mr. PHELPS. Mr. Speaker, I thank American people, the citizens of this the private sector. I worked developing the gentleman for yielding to me. I Nation, and level with them from the independent power plants, co-genera- thank my friend, the gentleman from standpoint of what is realistic. tion facilities. I developed a couple of Indiana, for his leadership and his per- There is a big price to pay for strong facilities, and each cost $100 million. I sistence on this issue. leadership, and to be responsible. It is had to go out and convince a bank to I would also like to thank my col- not easy, coming before the American lend me money to build those power leagues on the Blue Dog Coalition for people and telling them that those on plants. That bank required me to have giving me the opportunity once again both sides of the aisle emphasized the a story that I could tell them, a story to speak on this important issue. point just this time last year that the about how, over the long run, they We, as the fiscal policy leaders of this Social Security money and the Medi- were going to get their money back. great Nation, have a responsibility to care trust fund were in a lockbox, That makes sense. We can all relate look out for future generations. How locked away where we would not touch to that. Whether we have been in the can we say that we are doing our best it. But now we are saying that we have business world and had to borrow a to look out for our children when we enough money to do all this by pro- business loan, or whether we have are not keeping our commitment to jecting 10 years in the future the taken out a home mortgage or a car save the Social Security and Medicare rosiest forecasts that reflect the best loan, we have to pass a test. We have to trust fund surpluses? the economy ever has been in our his- be able to have a story about how I We need to be fiscally responsible. tory, without acknowledging what has have the capability to pay that back. My Blue Dog colleagues and I realize happened to us after September 11, and We are being asked to raise this debt that. That is why we are spending without acknowledging the loss limit $750 billion, and we do not have these hours and these weeks trying to through the recession and the tax cuts that story. We are here as Members of drive this point home. that we did a year or so ago. Congress. We are the banker here. We It should not be hard for others to Now we are talking that we can do have to represent the people’s interest understand that, as well. Fiscal respon- all of this, keep it solvent, and still in making sure there is a story about sibility does not mean raising the debt look the public in the face and say we how this is going to be paid back. Until limit when we are already in debt by are being honest about the budget. we have that, it is just not responsible. $5.9 trillion. Fiscal responsibility does This is not so. It is my responsibility It is not responsible to raise this by not mean tapping into the Social Secu- to tell the truth, because I did not take $750 billion. rity trust fund to support other govern- it lightly when I took that oath of of- So I am so pleased that the Blue Dog ment programs every year for the next fice and said that I would deal with the Coalition has made this an issue. We 10 years, for a total of $1.5 trillion. Fis- facts as I see them and the truth as I keep coming here to the floor to raise cal responsibility means working to- know it. this issue, because we are looking for gether as a team on both sides of the That is why I feel so strongly about people to work with. We are looking for aisle to get the budget back in check this issue tonight, and want to commu- an opportunity to sit down and roll up without tampering with our Social Se- nicate it in the best terms possible. It our sleeves. curity surplus. is a complex situation, but we must We recognize the magnitude of this I completely understand that our Na- face it. This is your money, too. We problem and the complexity of this tion is in a different place than we said we should save it for the purpose problem. There is no easy way out. We were 7 months ago, and we need to be for which you gave it, not say it is a cannot do it alone, so we call on every- effective and properly fight this war on tax return that we can ignore, building body on both sides of the aisle: Please, terrorism. I believe we are. We stand up the debt at the same time, and let us sit down, let us develop a long- behind this President and his Cabinet never communicate truthfully. term plan. Let us not be irresponsible to do this. Mr. HILL. Mr. Speaker, I thank the and just give a blank check to Congress However, we should be able to come gentleman from Illinois for his re- and to the administration to rack up up with a solution that battles the war marks. He is exactly right, that this is another $750 billion of debt with no against terrorism without taking away people who paid their payroll taxes. It way out of that pattern. from crucial resources here at home, is their money, and we should be mak- Mr. HILL. Mr. Speaker, I thank the resources that our citizens depend on ing sure that we preserve it for them in gentleman from Utah for an out- and resources that our children are their retirement years, and not be standing presentation. counting on us to protect. Social Secu- using it for other things. One of the things that I heard the rity funds belong to the people that gentleman talking about was that we paid them out of their own hard-earned b 2115 are not opposed to raising the debt dollars, just like they have all the I would like to call on one of the ceiling. There is a war going on, and other taxes they have paid. deans of the Blue Dog Coalition, a man there are certain responsibilities that I have heard much around here about I have really come to respect very we have to think about. That is one of giving back money to the taxpayers. much. He is a leader on this issue, lead- them. These are their dollars they have en- er on the Committee on Ways and But one of the reasons why I like the trusted us, their government leaders, Means, a leader for the Congress of the Blue Dogs so much is they are a group to save for the purpose for which they United States. So I would like to yield of Democrats that are responsible. It is were intended. But there are those some time to the gentleman from Ten- responsible to raise the debt ceiling to around here who want the taxpayers to nessee (Mr. TANNER). fight the war, but it is also our respon- believe that there is enough money to Mr. TANNER. Mr. Speaker, I come sibility to have some kind of a plan. return taxes from the same source tonight to talk about debt. That seems Right now, there is no plan. twice, and then try to convince them to be the topic of the day, and I have Mr. Speaker, I have come to know that Social Security can remain sol- got to tell my colleagues, I watched the gentleman from Illinois (Mr. vent and do all this other good stuff we the previous hour and I was thinking April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1321 all of the time I was watching that and those who follow us for the rest of have got to have the revenue to pay for these are the same folks that last year their lives and ours, then just follow what we want. If we are not willing to touted the tax plan as presented and down this road and borrow more money do that, then I think we are now tonight say, oh, no, it is terrible and borrow more money, and we will generationally immoral with regard to because it was not permanent. We were make sure, we will make very sure that what we are giving to our children. criticized last year, but let me talk we are overtaxed and they are over- I appreciate the gentleman taking about what is happening in this coun- taxed as follows. this time. I do not know if anybody is try. This is something that they do not listening to what we are saying or not, My colleagues are seeing a group, a say. Nikita Khrushchev once said that but when we have got an 18 or 16 per- minority within a minority really, the an American politician is a fellow that cent mortgage on this country and we Blue Dog Democrats, my colleagues are likes to promise to build a dam or a do not make any attempt to get back seeing a group emerge from all of the bridge where there is no river. This is in the black, I think what we are doing rhetoric here in this town, partisan not easy stuff, to stand here and say to is passing the buck, and I think that is rhetoric. They are seeing a group the American public we cannot do what wrong. emerge that has some credibility on some of these people around here want Mr. HILL. Mr. Speaker, reclaiming the debt. What was missing and what is to tell them that we can do. my time, would the gentleman agree missing and what will be missing on We cannot spend the money that is that it was just a couple of years ago Thursday morning when we talk about necessary to win and fight, fight and when we began to reverse this trend of making the tax cut bill that the House win the war on terrorism. We cannot debt, the United States Government in- passed last year and the Senate passed cut taxes for everybody in this land curring debt, we were actually running last year permanent, what they do not right now and spend that money with- a surplus, and would he agree within a say is that we have right now in, and out borrowing money to do it, and very short period of time, say within the citizens of this country right now when we do, we are making a mistake the last 12 months, we have completely last year paid $360 billion in interest on that I think generations will pay for reversed that policy of surplus budgets a revenue total of $1.991 trillion. This because that interest keeps going, into deficit spending once again? comes out of a CBO publication of whether someone is on vacation, Mr. TANNER. Mr. Speaker, I would March of this year. whether someone is sleeping, whatever agree, but whether I agree or not, I That is an 18 percent mortgage on they are doing they have got to pay the think the facts speak for themselves. this country. There is no business in interest. Last year at that time we were told the world, in America or anywhere else People know that and so I am proud there was money as far as the eye that I know of, that can withstand an that the Blue Dogs took this hour to could see. We had a $5 trillion surplus. 18 percent mortgage on their inven- talk about fiscal responsibility. There That did not come true. tory, on what they are doing in terms has not been in my mind a sitting down The budget that the President sub- of their business. If we take away the and talking about prioritizing what we mitted shows red ink for the next 10 interest on the debt that was paid as have to do. We have got to win the war years. Once this interest figure gets up far as Social Security goes, we have a on terrorism. Whatever it takes, we 20, 25 percent, I have never seen a coun- net total of $206 billion, which on non- have got to do it. We are willing to do try that was proud, free and broke. Social Security revenue, amounts to 16 that, but by gosh, to cut taxes on There is not one on the face of the percent. Said another way, this coun- somebody making $50 million a year at earth, and we are going broke under try right today has a 16 percent mort- the same time my colleagues are try- these policies, and people are going to gage on it that we all have to pay. ing to ask everybody else to sacrifice is begin to realize that I think that, un- Now, if we want to ensure and people simply not right. It is not right like maybe public perception now, at want us to ensure that not only those generationally. least when it comes to the Blue Dog that are my age but my children and We do not want to leave this country Coalition, there are some Democrats my grandchildren will be overtaxed all to our children with rivers and streams around here that are more fiscally and of their lives and all of the foreseeable that fish cannot live in and kids cannot financially responsible than all the Re- future, then keep us on the road of the swim in. We do not want that. We did publicans who want to tell my col- Republican policies that have been not inherit that and we sure do not leagues, as they have, we are going to enunciated here and will be enunciated want to leave it. We do not want to cut taxes, increase spending, but they here Thursday, and that basically is we leave a country where kids have to do not say more borrowing, and more are going to spend more because we are wear a hospital mask to ride their bi- borrowing means more interest, and in a war, which we should. We are cycle because the air is so polluted more interest means more taxes from going to do a tax break for those of us that they cannot breathe unless they now on, forever. in my generation passing on to those have a mask on. We did not inherit Mr. HILL. Mr. Speaker, I thank the who are in uniform tonight in Afghani- that, and we do not want to leave that. gentleman for his leadership on this stan, fighting the war and their chil- We did not inherit a country that was issue. The gentleman from Tennessee dren. We are going to borrow money so broke, and I do not want to leave my can say it just about as good as any- that we can have a tax break to spend kids a country that is broke. body in the Congress can say it, and he more money, knowing we have an 18 If we continue down the path we are is exactly right, and his leadership on percent or 16 percent, whichever figure going, where we are spending more, this issue is very much appreciated. we want to use, mortgage on this coun- cutting revenue, and borrowing more I would like to call on a freshman try. so we pay more interest, that is ex- Member of Congress who has asserted If people want to make sure that we actly the formula that we have been himself as a rising star in the Congress are going to be overtaxed as an Amer- asked to pass, and I just think it is of the United States, the gentleman ican public for the rest of our lives, wrong. I think it is wrong from California, (Mr. SCHIFF). then continue down the Republican generationally, not only to people, our Mr. SCHIFF. Mr. Speaker, I thank policies. Because what it means is it contemporaries, but it is wrong to our the gentleman from Indiana for yield- means cut taxes now, spend more and children, and I hope that we can, the ing and for his leadership and the bi- borrow, and borrowing means interest Blue Dogs and others who are here with partisan ethic he has brought to this and that interest has got to be paid be- us tonight, can impress on the Amer- House, which has certainly been a fore we do anything, before we have a ican people that it is not easy to be model for this freshman. missile system, before we have a sub- against tax cuts. Once again, I join my Blue Dog col- marine, before we have an aircraft car- It is not easy to be against more leagues on the House floor tonight to rier, before we have an interstate high- spending, but there has to be priorities bring attention to an issue that has way. Before we have anything, we have given to what we need, and we are will- long-term implications for our Nation’s got to pay the interest. ing to cut and cut spending any way we future. The administration has come to If my colleagues want to make sure can to make sure that we are doing the Congress asking us to raise the debt that we are going to overtax ourselves things only that are necessary, but we limit by $750 billion. This request H1322 CONGRESSIONAL RECORD — HOUSE April 16, 2002 comes to us a full 7 years earlier than years. Social Security is the most suc- Mr. Speaker, 1 year ago President was predicted when the budget was cessful government assistance program Bush and congressional Republicans submitted just last year. ever. Millions of senior citizens rely on promised us that we could have it all. The request to raise the debt limit it to survive. Millions of working They said we could afford the largest presents us with an ideal opportunity Americans are currently paying Social tax cut in a generation and still be able to re-examine our long-term budget Security taxes, expecting their money to invest in domestic priorities, priorities and particularly our commit- to be used for its intended purpose, and strengthen Social Security and Medi- ment to protecting the Social Security we understand that we are now faced care, and pay off our publicly held surplus. with the challenges of fighting a war debt. When we Democrats questioned Perhaps second only to the hanging and bringing our country out of this whether we could afford the President’s chad, the enduring political buzz word economic slowdown. $1.7 trillion tax cut, and that is absent of the 2000 election, was ‘‘lock box.’’ It We have accepted this reality and we the additional interest we have to pay, seems almost quaint now to think back are willing to work together to develop which the gentleman from Tennessee about lock box, but this Congress and fiscal policies that reflect our wartime (Mr. TANNER) talked about, and still the President promised the American needs, protect the Social Security pay down the debt, our Republican col- people that the Social Security trust trust fund and set our country back on leagues responded there was a danger fund surplus would be placed in an iron the path toward fiscal responsibility. in paying off the publicly held debt too clad box and used solely to fund the re- quickly. b 2130 tirement of the baby boom generation. Well, worry no more because we are Do my colleagues remember that? Mr. Speaker, while we examine the not in any hurry to pay off any debt. In Democrats and Republicans all agreed need to increase the national debt, we fact, we are in a hurry to incur a lot on this. The inviolable lock box. must tread carefully and remain con- more debt. The OMB now projects that Here we are now with a budget that stantly aware of the burden we are our national debt, which includes pub- promises to break that lock box wide placing on future generations because licly held and intergovernmental debt, open regardless of the long-term fiscal this debate is about more than our cur- will approach $7.8 trillion by the end of consequences. rent economic situation. It is about 2007. That is $275 billion more debt Social Security faces a serious finan- what we will pass on to our children than was projected at the beginning of cial crisis, and this budget would do and to their children. We must con- last year. Just this month after con- away with the lock box entirely and tinue to work in a bipartisan way to gressional Republicans again rebuffed allow the surplus to be raided to pay return to a balanced budget and fiscal the request of the Secretary of Treas- for tax cuts and additional Federal discipline without using the Social Se- ury, Mr. O’Neill, to increase the statu- spending. The primary source of the curity surplus. This is a promise we tory debt limit of $5.59 trillion by $750 Social Security revenue is the payroll make, and a promise we must keep. million, the administration was forced tax paid by millions of American work- Mr. HILL. Mr. Speaker, I thank the to borrow Federal employee retirement ers and their employers. gentleman from California (Mr. SCHIFF) funds to ensure that the government According to the 2001 Social Security for his outstanding remarks and his meets its obligations. In other words, trustee’s report, Social Security out- leadership. Federal employees’ pension dollars are lays will exceed payroll tax revenues in The gentleman was talking about So- now funding government. The gen- less than 14 years. By 2025 Social Secu- cial Security and how important it is tleman from Indiana (Mr. HILL) spoke rity will face an annual cash shortfall and how we need to preserve it for our of that earlier in his remarks. of $400 billion. An annual cash shortfall senior citizens and to protect it. I was Do Members remember the last time of $400 billion. By 2038, the last year in Columbus, Indiana, in a retirement that happened? It was back in 1995, and the trust funds are technically solvent, home about a month ago; and I was the GOP was blocking an increase in the annual shortfall will be over a tril- talking to some retirees in that home. the debt ceiling in an attempt to get lion dollars. One of the senior citizens spoke up to President Clinton to sign their budget. Despite these ominous numbers, the me and asked a question, Where does Treasury Secretary Rubin used the administration’s budget, according to Social Security come from? My reply same short-term device that Secretary the Office of Management and Budget, to her, It comes from payroll taxes. O’Neill is using to avoid a default. How will consume the entire trust fund sur- And she said, Who pays the payroll did congressional Republicans respond? plus in just a few years. This debate is taxes? And I said, People who work and They reprimanded him. They threat- not about whether Social Security employers. ened to impeach the Secretary of needs reform. It does. This debate is She said, What gives the right for Treasury, and former Speaker Gingrich not about whether preserving the trust people in Congress to steal our money derided the tactic as ‘‘looting.’’ The fund surplus will save Social Security then if we pay the taxes? She is exactly gentleman referred to stealing Social in the long term. It will not. right. If we are spending Social Secu- Security funds. Mr. Gingrich, the This debate is about common sense rity surpluses for things other than So- Speaker of the House, said that what and fiscal responsibility. It is common cial Security, we are in effect stealing Bob Rubin was doing so we would not sense that we should not in any way that money. Strong words on her part default in the payment of the monies consider tampering with the trust fund that makes some sense. that the richest Nation on the face of before Congress agrees to and passes At that same meeting was a good the earth owed, that he was prepared to Social Security reform legislation. friend of mine who is going to be the say that he was looting the Treasury. Spending the surplus will leave our next Speaker, the gentleman from I have not heard one Republican children holding the bag. They will Maryland (Mr. HOYER), who is the come to this floor and say that Sec- have to pay for the unfunded obliga- ranking member of the Committee on retary Paul O’Neill is looting the tions that build up in the Social Secu- House Administration, and the other Treasury. Now, I represent 58,000 Fed- rity trust fund if we spend the surplus, night his basketball team from Mary- eral employees. I do not think we and to pay for these obligations, the land beat my basketball team from In- ought to be doing this policy; but Treasury will step in, pay the entitle- diana University. And if there was frankly, we have an obligation to pay ment, and to come up with that cash, going to be any team that beat the it back, and I think we are going to do Congress will have to cut spending, Hoosiers, I would just as soon it be the that. But the fact of the matter is if raise taxes, or borrow even more as if team of the gentleman from Maryland. Secretary O’Neill did not do it, this the trust funds had never existed, and Mr. HOYER. Mr. Speaker, I thank government would default on its debt. our children will pay the consequences. the gentleman for yielding and for If that happened, the finances of the They will have to deal with our lack of being such a great sport and a rep- world would be put at risk. fiscal responsibility. resentative of such a great team with Republicans, when Secretary O’Neill This Congress cannot afford to take such a great coach with Mike Davis, did it, neither criticized the adminis- such a risk in light of the fiscal chal- their coach handling himself so well. tration for doing precisely the same lenges that we face in the next 10 We are proud of the job he did. thing that Secretary Rubin had done, April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1323 and which sent them in orbit 7 years in 1992 we had a $292 billion annual op- should. We are in lock step with our ago, nor accede to an increase in the erating deficit. We could not, nor President in confronting those who debt ceiling. In other words, they do should we have sustained that. So we would undermine our security and safe- not want to make sure that we do not came in in 1993, and we adopted a pro- ty in this land, and, very frankly, in default, and they do not want to raise gram. It cut spending deeply and it other lands as well. the debt. That is the definition of irre- raised taxes. Some people would say However, the Social Security and sponsibility. That is the definition of that is an awful thing to do. What does Medicare surpluses which were critical, pretending you are doing something raising taxes mean? I do not mean rais- as the gentleman from Texas (Mr. when you are doing just the opposite. ing them in terms of increasing them. ARMEY) said, and would not be touched, My good friend, the gentleman from It means this generation is committed are in fact going to be used 100 percent. Tennessee (Mr. TANNER) said it exactly to paying for what it buys. I have some other things to say about right. If we defaulted, interest rates My position is if we do not want to this policy, but I want to close with would skyrocket. Average people, no pay for it, we ought not to buy it. I do this. David Stockman in 1981 became matter how deeply their taxes were not mean that we ought not to buy an director of the Office of Management cut, could not afford their mortgage aircraft carrier that we can amortize and Budget. over 40 years. It is like buying a house, payment, particularly if they were an b 2145 ARM, an adjustable mortgage. They you mortgage it and pay it over time. could not afford to buy consumer goods We ought not to be paying for salaries He came in with a roar, like March, with interest because interest rates that are used this year with borrowed I suppose, and he was going to see that would skyrocket. That would be an ir- money. That is how New York went this budget was balanced. In fact, Ron- responsible policy, but it is the policy bankrupt and we had to bail them out. ald Reagan, when he signed the Reagan that we are pursuing today. We need to be responsible. program in 1981 said the budget is In what can only be described as a There is an extraordinary American going to be balanced by October of 1983. perverse twist, House Republicans in- sitting on the floor with us. He is the Or perhaps it was 1984. tend to bring legislation to the floor in gentleman from Nebraska (Mr. In any event, it did not happen. Mr. 2 days that will make last year’s tax OSBORNE), one of the greatest football Stockman, of course, was the director cut permanent and drive us even deeper coaches in the history of this country. of OMB the same year I was elected to into the fiscal ditch. He taught his young people fundamen- Congress. His mandate, sell President Mr. Speaker, I am not a Blue Dog; tals. He did not teach them to make Reagan’s supply side economic pro- but I support much of what the Blue some hail Mary pass, he hoped that gram. President Reagan assured us, as Dogs support, particularly as it relates would happen from time to time. What I said, that by fiscal 1984 we were going to fiscal policy. Why? Because it is fun- he taught them was how to block, how to balance the budget. We did not. In- damental that if we do not manage our to tackle, how to run, how to watch stead of producing increased revenue, finances responsibly, we will not man- what the other fellow was doing, how the Reagan tax program threw us into age anything else responsibly. In just to learn your plays. He taught the fun- fiscal freefall. The budget deficit, just 15 months, our Nation has experienced damentals. He was convinced if those under $79 billion in 1981, exploded until, the worst fiscal reversal in the history young people knew the fundamentals, as I said before, peaking at $290 billion of the world; $5 trillion in projected they would win games. Because, as in 1992. As David Stockman himself surpluses have evaporated. Think of Gary Williams knows, as Coach Smith later admitted, and I quote, David that. President Bush stood at this po- knows, if you teach young people the Stockman, OMB director, ‘‘I knew that dium 12 months ago in February of 2001 fundamentals, they will win games be- we were on the precipice of triple digit and predicted, he said he was assured cause they will do it right. And some- deficits, a national debt in the trillions we were going to have a $5.6 trillion times, yes, they will do something and destructive and profound disloca- surplus over the next 10 years. We said spectacular. tions throughout the American econ- you better be careful. That is a long But a nation, a nation needs to pay omy.’’ projection to make. You ought not to attention to its fundamentals as well. David Stockman, in his book, looked mortgage the farm based on what you Do any of my colleagues in this Cham- back on his service with lament be- think your income is going to be 6, 7, 8 ber remember what the majority leader cause he knew where we were going. years from now. said last July? I talked about the My friends, it is clear where we are A month ago President Bush came to President 12 months ago. Last July the going if we continue to pursue these that same podium, presented a budget, gentleman from Texas (Mr. ARMEY), policies. What the Blue Dogs are saying and lo and behold the surplus he now majority leader of this House: ‘‘We is that we need to work together, not projects over that same 10 years is $1.6 must understand that it is inviolate to Republicans and Democrats, but 435 of trillion. That is $4 trillion less. What intrude against either Social Security us, elected by our people, to respon- he does not factor into that is because or Medicare; and if that means fore- sibly manage their country, their dol- we have less surplus and are going into going, or as it were paying for tax cuts, lars, their hard-earned wages. We need debt, we are going to have an addi- then we will do that,’’ said the gen- to commit ourselves to doing that. I tional $1 trillion in interest. We heard tleman from Texas (Mr. ARMEY). commend the Blue Dogs for their lead- the gentleman from Tennessee (Mr. We are now some 9 months later. On ership on this most critical funda- TANNER) talking about that, which Thursday, we are not going to do that. mental responsibility of this Congress. means we have lost $5 trillion in 12 In our budget that we passed, not with Mr. HILL. I thank the gentleman months. my vote, just a few weeks ago, we did from Maryland for that strong presen- I wish Ross Perot would start having not do that. We preached fundamen- tation. The gentleman has been in the infomercials on that issue. It is crit- tals, but we are not playing fundamen- Congress for quite some time and has ical. We cannot operate this great Na- tals. And the losers will not be, frank- an historical appreciation for the tion with our responsibilities to our ly, any of us who sit on this floor. It events as they have unfolded on this own citizens, and in the international will be our children and grandchildren, particular issue. His presentation was community, operating as fiscally irre- and it will be the fiscal integrity of an exposure of the truth. That is what sponsibly as that. Five trillion dollars. this great Nation. we need more of in this institution. I Our debt is climbing again, and accord- That promise turned out to be as just cannot say enough about that ing to the Congressional Budget Office, empty as the GOP’s lockbox stunt last strong presentation. I am glad that our on-budget accounts will be in def- year. The rally is that the Republican though he is not a Blue Dog Democrat, icit every year for the next 10 years, tax cut is the single largest factor in he has the same feelings that we do producing a total on-budget deficit of erasing our surpluses. Do we need to about this issue and I appreciate his nearly $2 trillion. pay for the war on terrorism? Abso- comments. Now, the gentleman from Indiana lutely. Is it going to cost us more Another Member who is not a Blue (Mr. HILL) talked about our policies in money than we expected? Yes. Should Dog Democrat is the gentleman from the 1990s. They are instructive because we follow that policy? Of course we Wisconsin (Mr. KIND). He has asked to H1324 CONGRESSIONAL RECORD — HOUSE April 16, 2002 have a few minutes to share with us low-income Americans, because of the pened a year ago, the water, the irriga- about this very important issue. I yield additional expense it will take for tion water for 1,400 farmers was cut off to the gentleman from Wisconsin (Mr. them to borrow money, whether it is abruptly. KIND). for home payments or car or credit Of course, what this did was to cause Mr. KIND. I thank the gentleman card payments or to invest capital in a great deal of financial hardship. from Indiana (Mr. HILL) for not only businesses. It is the long-term interest There were two types of suckers in grabbing this hour for an important rates we need to keep an eye on. Klamath Lake, and coho salmon in the conversation and debate that we are The best thing we can do as an insti- river below that were supposedly to be going to be having later this week but tution here is to maintain sound fiscal protected. As a result, the farmers lost for the leadership that he has particu- policy, reduce the national debt which their crops, some lost their farms, land larly shown on fiscal responsibility, will help reduce those long-term inter- values declined from $2,500 an acre to maintaining fiscal discipline. He has est rates and really set us on the $35 per acre in that particular area. Or- been very active in both the Blue Dog course for long-term economic pros- egon State University estimates that and also the coalition of which I am a perity. This is a serious issue. One of the loss of water cost the economy $134 member, the New Democratic Coali- the concerns I have is that the major- million in that particular area. And so tion. We have a lot of overlap in the ity party in the House and the party at this was a tremendously costly and a membership between our two groups, the White House right now are pur- very invasive situation that occurred. Of course, to make matters worse, re- and it is because we are basically fiscal suing policies that are not enabling our cently the National Academy of soulmates. country to best position ourselves for Science, in an independent peer review, When it comes to the issues affecting the challenges of the future. That is ruled that there was insufficient data the public purse, the Federal budget, what has to change. to justify the decision to shut off the both of our groups, the New Dems and I think people back home are begin- irrigation water in the Klamath Basin. the Blue Dogs, believe very strongly in ning to realize that the tax cut that In other words, they have more or less maintaining fiscal discipline, keeping was enacted last year is being financed said that this was something that our eye on taxpayer dollars, trying to now through the collection of payroll should not have happened. Factors promote policies that will best position taxes, FICA taxes, additional moneys other than the lower levels in Klamath this Nation to deal with the challenges that are supposed to be going in and of the future, which to me seems the Lake were endangering the sucker fish guarded in the Social Security and and actually the larger releases of looming budget debt and the implosion Medicare trust funds, but which are that is about to occur starting next water, the irrigation water that nor- now being raided in order to finance mally went down the irrigation canals, decade. Of course I am referring to the these tax cuts. If anyone last year 77 million Americans who are all was released down the Klamath River would have been told that this would supposedly to help the coho salmon and marching virtually simultaneously to be the reality, that we would be pass- their retirement, the so-called baby actually because this water was warm- ing tax cuts for some Americans and er, the National Academy of Science boom generation, who will start enter- paying for it through the collection of indicated that these larger releases ac- ing into the Social Security and Medi- payroll taxes that are supposed to be tually harmed the coho salmon. So it care trust funds. going into these trust funds, they was the reverse of what they had tried Yet this week we are going to have a would have thought it was crazy eco- very important policy debate in re- to accomplish. nomic policy to pursue. But given the Secondly, more recently, in a con- gards to whether or not this Nation economic slowdown, the change of gressional hearing, we heard from peo- will have the resources to deal with the events of last September, that is, in ple from Fish and Wildlife and the For- greatest fiscal challenge we face, that fact, the situation. est Service and these officials were is, this aging population and the bur- I think it is time for groups like the asked to testify, because seven employ- den it will place on the Social Security Blue Dog Coalition and the New Demo- ees of these agencies and a Washington program, the burden it will place with cratic Coalition to stand up and start State agency also falsely planted Cana- rising health care costs and how do we making an issue of this. I commend the dian lynx hair in the forests of Wash- maintain some common sense and fis- gentleman from Indiana (Mr. HILL) for ington and Oregon. You might ask, cal discipline to deal with that. his leadership and for the time he was why in the world would somebody do I am very concerned. It is almost like able to get this evening to talk about this? Why would you go out and bother deja vu all over again, pursuing the this very important issue. to take hair from a captive lynx and policies of the 1980s where we had large Mr. HILL. I thank the gentleman plant it in widespread areas? Appar- tax cuts being proposed and enacted from Wisconsin for joining us here this ently this would result in a wider dec- which left us in annual structural defi- evening. laration of critical habitat for the Ca- cits year after year, adding to the $5.7 f nadian lynx and they must have felt in trillion national debt that we now have ENDANGERED SPECIES ACT some way that this would have helped rather than maintaining the fiscal dis- preserve the Canadian lynx. cipline which was needed. For me, and The SPEAKER pro tempore (Mr. Obviously, it was a falsehood and, ac- I believe for a lot of people in this Con- JOHNSON of Illinois). Under the Speak- cording to testimony, others within gress, one of the keys to future eco- er’s announced policy of January 3, government agencies were aware of the nomic growth and prosperity, and it is 2001, the gentleman from Nebraska planted lynx hair and did not report it. something we hear constantly from (Mr. OSBORNE) is recognized for 60 min- The interesting thing was that after all Chairman Greenspan when he is testi- utes. of this happened, the guilty parties fying, is keep your eyes on the effect Mr. OSBORNE. Mr. Speaker, I rep- were subjected to counseling as a pun- fiscal policy has on long-term interest resent a very large rural area in Ne- ishment, and most of them received rates. They have consistently testified, braska. Ninety-seven percent of this their year-end bonuses and raises. And and the history of fiscal policy shows, district is privately owned. Currently so you would think, well, what kind of that when you start racking up deficits landowners are very concerned about a message are we sending if somebody again, adding to the national debt property rights and they are especially falsifies data and yet practically no rather than subtracting from it, having concerned about the Endangered Spe- consequences occur as a result of that the public sector squeezing the private cies Act, because this Act can be tre- falsification? sector for the limited resources in mendously invasive. Recently, the National Park Service order to finance ongoing government Currently, I believe there is a crisis also indicated some false and inflated operations, it has an adverse effect on of confidence regarding the administra- numbers of visitors to national forests the bond market and it leads to long- tion of the Endangered Species Act. I from an actual count of 209 million term interest rates going up rather am going to mention just a few things visitors to our national forests, and than coming down, which is a hidden here that have happened that have led they reported 920 million visitors tax then on all Americans, whether to this crisis of confidence. First of all, which was roughly a 400 percent in- they are wealthy or middle-income or the Klamath Basin situation that hap- crease, an inflation, that was false. April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1325 Again you might ask, why in the world The interesting thing here is that to this, requires 417,000 acre feet of would a responsible Federal agency do water generally is lost to irrigation, water. That is about triple what we are this? They certainly can count better because you do not irrigate that early talking about here, 140,000 acre feet. So than this. Certainly this could not be a in the spring, and some of it is lost to when you get up to 417,000 acre feet of mathematical error to miss by 700 mil- power generation as well, and it was water, you are talking about prac- lion visitors. Again I think, many as- strictly put there to enhance the habi- tically all of the irrigation water used sume that this had something to do tat for the whooping crane. in the Platte River system. So what with the fact that they wanted to point It was interesting, because the origi- farmers and ranchers are rightly con- out overcrowding, and that maybe nal recommendation by many biolo- cerned about is that at some point the some more roads or some more areas of gists was not 2,400 cubic feet per sec- Endangered Species Act could be used the parks needed to be restricted to ond, but rather they said 1,300 cubic in a way that would cut off all irriga- visitors because of overcrowding. feet per second would be the ideal flow. tion up and down the Platte River, And so many of these different situa- By tweaking it one way or another, which is several hundred miles long, tions have led to somewhat of a crisis Fish and Wildlife almost doubled the and would probably make the Klamath of confidence in terms of how our pub- flow and the amount of water that goes Basin situation pale by comparison. lic officials are dealing with the En- down the river. They wanted 1,200 cubic So far the estimated total cost of the dangered Species Act and our wildlife feet per second during the summer, and project, that is just to the cooperative in general. It would seem that some- then they want pulse flows of 12,000 to agreement, it is not the water loss or times there is not a real level playing 16,000 cubic feet per second for 5 days in anything else, just to plan it is $160 field involved in this situation. May and June of wet years. million. That is just to create it, as we Recently here in Washington, D.C., This is a huge amount of water in the said. That is a small cost compared to the Environmental Protection Agency Platte River, and it results in some the cost of the irrigation water, the gave the Corps of Engineers permission flooding; and it results in some real dif- power lost and the land and sediment to dump thousands of tons of sludge ficult situations. Some people assume dumping and so on. into the Potomac River. Of course this that actually the main issue here is So I think most people would say the was in direct violation, you would that it deepens the channels in the cooperative agreement has been time- think, of the Endangered Species Act river when you have these large pulse consuming, has been expensive and has because the sturgeon, the short-nosed flows, and then the issue is what do been burdensome to landowners. And, sturgeon, occupies the Potomac River you do to compensate for the loss of the most important thing, the thing I and it is endangered. And so you would sediment in the river when you do this? would really like to drive home to- say, why would they do this? How in Now, the problem with those pulse night, is the idea that the whole thing, the world could you get by with this flows is as follows: the 12,000 to 16,000 I believe, is based on a false premise; when out in the West you cannot do cubic feet per second as we mentioned and the false premise is that that 56- these other things? And, of course, it will deepen the channel in the river mile stretch of the Platte River is crit- also caused beavers and ducks and oth- and will remove sediment. So Nebraska ical for the existence of the whooping ers to be mucked up to the point where is being, as part of their contribution crane. they had a hard time surviving. It to the cooperative agreement, is being So let us take a look at the map of would appear that maybe one of the an- asked to contribute 100,000 acre feet of Nebraska. The area here in red, from swers is that these tons of sludge, if water, stored in Lake McConahay; and Lexington to Grand Island, is the crit- they are not pumped into the Potomac this water is being used to flow down ical habitat for the whooping crane, River, would have to be put in dump the Platte River when people feel the really not quite that far. So the idea of trucks and would be trucked through cranes might need it. Wyoming con- critical habitat is this is habitat that the city of Washington, D.C., which is tributes 34,000 acre feet of water and it is removed or in some way damaged not real politically popular in this Colorado 10,000 acre feet of water, so or changed; it really does great damage area. the total contribution is 140,000 acre to the endangered species. So you So sometimes people in rural areas feet of water. So that is an interesting would assume that this would be an have the feeling that maybe there is a premise, and it is fairly expensive. area that would really be critical to double standard and maybe people in Of course, the other issue is there are the migration of the whooping crane as some urban areas because of the size of some other requirements, and that is they go north and south. the population and the economic im- that there are no new depletions in the So let us take a look at this issue pact do not pay quite the same price. Platte River. So we not only have and some of the data. The Watershed And so that has been a concern. these flows, but within 3 to 4 miles of Program director, who worked for the And then the issue that I want to either side of the Platte River, you Whooping Crane Trust, this was an en- spend most of my time tonight on has cannot set down a new well within 3 to vironmental group, not a farm group, to do with the Central Platte River in 4 miles of the river after 1997. So a this was an environmental group, and the State of Nebraska. In 1978, 56 miles community that is expanding, a farm- he worked for that group for 17 years of the Central Platte were declared er, whatever, is no longer able to do and wrote a document filed on March critical habitat for the whooping crane. this. 22, 2000, that was sent to Fish and Wild- At that time in 1978 there were not Then the sediment that is lost in the life, and the letter states as follows: very many cranes, whooping cranes, river from the large pulse flows has to ‘‘From 1970 through 1998, that is a total probably less than 50. And so they were be replaced. At one time what they of 29 years, 11 years there were no listed as an endangered species and cer- were doing was talking about the fact whooping cranes.’’ tainly rightly so. At the present time that they would haul in 100 dump That is almost 40 percent of the time they are doing better. There are rough- truckloads of sediment per day, and there were no whooping cranes that ly 175 whooping cranes that fly gen- this would go on for years and years were sighted at any point in this erally through the State of Nebraska. and years. You can imagine the cost of stretch of river, which is supposedly And so as a result of that designation, doing this. That is supposed to replace critical habitat. You would think if we find that some things occurred. the sediment that these large pulse that was critical habitat, that cer- flows used to take sediment out of the tainly you would not go 40 percent of b 2200 river. the years without any observation of a As a result, in order to protect habi- Now they have revised that, and they whooping crane in that area. tat, critical habitat, for the whooping are talking about taking bulldozers Then he goes on to say this: ‘‘On av- crane, the Platte River Cooperative and pushing islands into the river and erage, less than 1 percent of the popu- Agreement began to take shape. What causing more sediment. So as you can lation of whooping cranes was ever they proposed in this agreement was see, this is a very invasive procession; confirmed in the Platte Valley during in-stream flows. So what was required it is a very expensive process; and it that same time frame.’’ was 2,400 cubic feet per second of water has been very difficult to administer. So, again, if it is critical habitat, you down the Platte River in that area of That is phase one. After 10 years, would think that you would see 50 per- critical habitat in the spring. phase two kicks in. Phase two, listen cent, 60 percent, 80 percent, whatever. H1326 CONGRESSIONAL RECORD — HOUSE April 16, 2002 But you have had 1 percent or less If this was critical habitat, they pected shortly to declare 450 miles of cranes who have ever been seen in that would probably stay here for several the Platte River and the Loop River region of the river over 29 years. days, a week, maybe a month, and re- right here and the Niabrara River as Probably the most convincing evi- group, do some mating, whatever; but critical habitat for the piping plover dence that I have run across is that they do not. I think they simply fly and the least tern. Ninety-seven per- from 1981 to 1984, a period of 21⁄2 to 3 along, and when they are tired and see cent of these rivers flow through pri- years, there was a radio-tracking study some water, they drop in for the vate land. Also these same two species, of whooping cranes where they had an evening. It may be here, it may be the piping plover and the least tern, electronic collar put on them so you here, it could be almost anywhere will have critical habitat declared in knew absolutely where they were all place. It might be on a lake, Sand Hill South Dakota, North Dakota, Montana the time. This went on for three south- Lake or whatever. and Minnesota; and in those States al- ern migrations and two northern mi- But the important thing to remem- most 100 percent of the area is public grations. Eighteen cranes at that time ber is this central part of the Platte is land. In Nebraska it is almost all pri- represented somewhere between 15 and really critical habitat for one group of vate. The same issues that apply to the 20 percent of the total whooping crane cranes, and that is the Sand Hill whooping crane apply to this par- population. cranes. There are roughly 400,000 to ticular designation of these species. Here was what they found in that re- 500,000 Sand Hill cranes that come into So it is interesting. But let us stick search: they found that none of those that area, and they spend 2 to 4 weeks with the middle section of the Platte 1 18 whooping cranes over 2 ⁄2 years, every year. They come from Arizona, River, because this is the area we know three southern and two northern mi- and they come from Texas and Okla- the most about, and this is the area grations, none of them used the Platte homa and Arkansas and Louisiana; and where we have the most data. Again, River at any time during that migra- they funnel into this area, and they are refer to the document from the water- tion. heavily concentrated in this area; and shed director who wrote the letter. He Now, surely if this is critical habitat then they go up to their nesting said ‘‘that the Central Platte does not for the whooping crane, you would grounds up in Canada and North Da- offer any naturally occurring nesting think that at least seven or eight or kota and so on. habitat for these species, i.e., the pip- nine of those cranes would have regu- So what has happened I think is ing plover and least tern, is amply larly used the river, but yet not one of early on Fish and Wildlife and others demonstrated by the fact that no tern them did over that period of time of 21⁄2 made a mistake, and I think it was an years. It is not a case here where they honest mistake. I think they assumed or plover chicks were known to fledge can slip out of the area under the radar that the whooping crane does the same on any natural river sandbar during screen, because they are checked elec- thing as the Sand Hill crane, and that the entire decade of the 1990s.’’ tronically and they know where they the whooping crane really needed this So this stretch of river we have been are. They were not in that area of the area to spend time to stage, to mate, to talking about was studied over a 10- river. gain strength for the rest of their trip. year period, and at that time they So the author goes on to say: ‘‘I won- But that is not the case. We very well found no fledglings of chicks on the der if the Platte River would even be have proven this at the present time. river, other than in sand pits which are considered if the Fish and Wildlife There is one whooping crane that got off the river and then some man-made Service was charged with designating mixed up, and this whooping crane ap- sandbars that were strictly designed critical habitat today. Whooping crane parently was imprinted and identified for this fledgling capacity. experts that I have visited would be with Sand Hill cranes. They have even b 2215 hard-pressed to consider the Platte named it. ‘‘Oklahoma’’ is the name of So the problem is that these birds River, given our current state of it. This particular crane comes with nest near the water level. So any time the Sand Hill cranes, and he sticks knowledge.’’ there is a fluctuation, any time a river Then he says: ‘‘Certainly none would around for 3 or 4 weeks like the other raises, it flushes out the nests. So they be willing to state on a witness stand Sand Hill cranes, because he thinks he do pretty well on lakes, they do pretty that the continued existence of the spe- is a Sand Hill crane, apparently. I well on sand pits, but they do not do cies would be in jeopardy if the Platte would wonder how many of the very well on rivers, particularly rivers River were to disappear.’’ sightings in this area have been Okla- that fluctuate. So what he is saying is if this area of homa, that one crane. He may have So the letter from this particular in- the Platte River for some reason went been sighted many times over. So, any- dividual who wrote to the Fish and away, he does not know of any experts way, there is a difference between Wildlife Service, the researcher said that would say that would harm the these two different species; and I think this. He said, ‘‘A 50-to-60 day window of whooping crane. Yet that is the critical it is important that we understand flows less than about 1,500 cubic feet habitat, and that is the area that has that this is the case. caused all of the in-stream flows, the Actually, Fish and Wildlife is doing per second during late May through 140,000 acre feet of water and the sedi- everything they can to make the habi- mid July is necessary to allow for nest- ment being dumped into the Platte tat fit the whooping crane. Twice a day ing and subsequent fledging. This did River to compensate for pulse flows, they fly the river here looking for not happen in the 1990s. Nests and/or and all of the things that are going on whooping cranes; and, of course, if you young were flooded out.’’ up and down this river, which really look hard enough, you may find some- So what he is saying is this: that on have impacted farmers and ranchers. thing. But, still, you are only having 1 that stretch of Platte River, any time Also within three miles of either side percent, maybe 2 percent of the total you get elevated flows above 1,500 cubic of this river, you cannot drill a new population, even with surveillance feet per second, because the nests are well. Anytime you do, you have to flights going back and forth on the built right at water level, you are close down another one. So all of the river. Only 1 to 2 percent of the whoop- going to flush them out. So what they water here is restricted, primarily for ing cranes are spotted in that area as are trying to do is that they are trying this particular stretch of the Platte they come north or as they go south. to regulate flows in the river from this which is supposed to preserve the So, again, we would say that prob- lake right here, Lake McConaughy. whooping crane. So again, I would have ably most definitely there has been an The problem is that the lake is 100 to say that this is a false premise. improper designation of this area for miles from the start of the critical The thing we might also mention is the whooping crane, and nobody cares habitat, right there, and it is about 170 that whooping cranes, normally when too much if it is an improper designa- miles to the end of the critical habitat, they do stop in February, and they do tion. The main issue is simply the fact which is right there. stop, and you will see a scattergram of that it is causing an awful lot of dis- Now, the problem is that it takes, to where they stop, and there are some ruption up and down the Platte River go 100 miles, that water needs 5 days to here, and there are some here and up Valley. get to the start of the habitat, it needs here, so they are all through the State, Now, further, and I think this is im- 7 days to get to the bottom end of the but normally they only stay overnight. portant too, Fish and Wildlife is ex- habitat, so you are releasing water out April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1327 of Lake McConaughy to control the before that dam was in existence back coho were damaged. So that is one ex- flow to try to get 1,500 cubic feet per in the 1800s, nobody saw the piping ample of the Endangered Species Act second or whatever. The problem is plover or least tern in any numbers at actually harming a species. that in the next 5 days, we better not all along the Platte River. We have also talked about the flows have a rain. Because if we have a rain They said there were 3 reasons for on the Central Platte luring the piping down here or if we have a significant this: Number one that ran the river ran plover to nest and then having them inflow from the South Platte River, unimpeded; the snow pack melted and wiped out by rain events. Then let us then, all of a sudden, that water comes the highest water would occur in June, consider one other case, and that is the up and that is what happened for 10 which was about in the peak nesting issue of prairie dogs, because the prai- straight years. All of those rivers were time for the piping plover and least rie dogs are now considered threatened. flushed out. So here we have critical tern. Every year they got wiped out be- They are not listed. But I think the habitat, again, that is going to be very cause that water went up and they one thing that people need to under- disruptive to ranchers and farmers that could no longer survive and then, the stand is that ranchers and farmers apparently is not working. Platte River is rather unique in that in right now can, in places, tolerate some For some reason, the sand pits and August, it would dry up. Most years prairie dogs, because they know they the lakes and the other areas where the there would not be any water in the can control them. Now, a prairie dog piping plover and the least tern have river, which meant essentially that can take over and eliminate a whole been hatching and have been fledging there was no feed, there was no habitat pasture, a whole ranch, a whole farm if have not been declared as critical habi- for the young birds if they did manage they are left unchecked. But you can tat; only the rivers. So this is a little to survive. So the river was not really handle a prairie dog colony here, a bit of a puzzle, at least to me; I do not what some people thought it was. Then prairie dog colony there, and you un- derstand if they start spreading, you quite understand exactly how this is lastly, there was no historical data of can do something to control the working. tern or plover sightings on the Central So it would seem that attempting to Platte at all during the early 1900s, the spread. But once the prairie dog is list- create a river environment which, for late 1800s. ed as endangered or threatened, then most nesting by the piping plover and So we would say, well, certainly, if you cannot do anything to that prairie dog. the least tern, may actually harm the settlers, trappers, people who went So ranchers and farmers are con- along the river, if they were there they species. This is the logic. cerned. So right now, some ranchers Again, the letter from this particular would have seen them and they would and farmers are saying, I cannot afford researcher goes on. He says, ‘‘This begs have reported them, but they did not to have any prairie dogs on my prop- the question as to whether it is in the do so. So the assumption is that this is erty in case it is listed as an endan- best interests of the species’ long term not critical habitat that is indigenous gered species. So I think right now in well-being to attract them to an area to the species. This is not something some ways, the Endangered Species where they are likely to be flooded or that has occurred over a long period of Act and the ability to list the prairie eaten by predators.’’ So what you do is time, and if it has worked at all, it has dog potentially may be working you adjust the river and in the spring, been because of that dam. But even against the prairie dog more than any because you are trying to hold down then, it has not been effective. other issue at the present time. the flows, you get them to nest and So what we are saying here is that So we have had several examples, and then over that next 50 or 60 days, you the critical habitat designations for there are others where the Endangered are holding your breath and, most of the whooping crane and the piping Species Act does not serve landowners the time, they are going to get flooded plover would not seem to be accurate, and wildlife well. We talked about the out. So you attract them into an area at least the way I interpret the data. Klamath Basin issue, the 2001 Canadian that probably is going to result in their So I have requested the Secretary of lynx, falsification of visitor data to na- destruction. They would be much bet- the Interior provide an independent tional forests, the ignoring of the ter off if they went to a sand pit or peer review through the National Acad- dumping of sludge into the Potomac some place where they are not going to emy of Science or some equivalent and also the critical habitat designa- be flooded out. So in some ways, all of agency. I know that Secretary Norton tion on the Platte River. Let us be fair. the machinations and the different gy- is dedicated to making decisions based I think it is only fair to say this too. I rations that we are going through here on accurate data. I have talked to her, have been a little bit hard on fish and to save the piping plover and the least and I know this is true. So we are as- wildlife and the Forest Service. Cer- tern may actually contribute to their suming, we are hoping that we can tainly the great majority of Federal demise. avert another situation similar to the employees who work with endangered So it is interesting to note that much Klamath Basin by having an inde- species are ethical, they are hard-work- of the regulation of critical habitat is pendent peer review. I think everyone ing. I have met them, I know them and designed to restore habitat to its origi- is willing to live with it if the data in- I have worked with them. It is like any nal state. That is sort of the gold dicates it. But most people that I know profession: 5 or the 10 percent tend to standard I think for many environ- who study the river are really uncom- paint with a very broad brush. mental groups, and particularly for fortable with making this critical habi- However, I would have to say this, in Fish and Wildlife. So we read in the tat and all of the changes that occur in all candor. I do believe that an end-jus- Journals of Lewis and Clark 1800, as Nebraska, in Wyoming and in Colorado, tifies-the-means mentality has become they went up the Missouri River, we for what appears to be nonexistent more and more pervasive. In other read about prairie dogs and we read habitat. So we are hoping that we can words, there is the thought process about buffalo. So these folks are point- get a study done. that we need to save the species; there- ing to these journals and they are say- Mr. Speaker, I think it is important fore, we are going to make sure that we ing, well, this is where the prairie dogs that those listening do not assume that do whatever we have to do to have once lived and this was before people I oppose endangered species. I am very plenty of critical habitat, and we are disturbed it. Therefore, we must re- much in tune with wildlife and I cer- going to protect the species and we are store this situation, this habitat, and tainly do not want to see the whooping not going to be too worried about the we must make sure these species are crane suffer, the piping plover, the financial consequences to ranchers and again existent in those areas. least tern, the prairie dog, or whatever, other people. So the absolute authority So there was a study done by EA En- but I think it is important to remem- granted by the Endangered Species Act gineering in the late 1980s, and they in- ber that sometimes the Endangered has given license, I believe, to rather dicated this. They said the Central Species Act may actually harm the serious abuses and we have chronicled Platte did not play a significant role in species. Of course I already mentioned some of those this evening. The person the maintenance of the least tern or that the coho salmon was harmed by closest to the species is the landowner the piping plover prior to the construc- the larger flows out of Klamath Lake and the person who often cares as tion of Kingsley Dam in 1941. Here is because the water warmed up and when much about the species as anybody is the dam, and what they are saying is the water went down the river, the the landowner. H1328 CONGRESSIONAL RECORD — HOUSE April 16, 2002 So I have seen some cases where Fish comments that were made by members of jobs that are available to the people and Wildlife people have worked in of the minority party here earlier this of the country. We have to make sure partnership and in a symbiotic rela- evening, and for at least an hour, per- that the government does what it can tionship with the landowners. This has haps longer, they went on about the do to make it easier for corporations, made a huge difference, because when concerns they have with the fact that for small businesses, to employ other you get the landowners on board, when we have, that this body has passed and people, to sell their products and serv- they are with you and they understand this Congress has passed, a package of ices, and thereby prosper. We believe what you are trying to do and they un- bills that we refer to as a stimulus that is the way to get the economy derstand you are not out to get them, package and essentially, they are moving again. some great things can happen for the measures designed to reduce taxes on What did our friends on the other wildlife. So I have seen it that way. the people of the United States of side offer to this stimulus package? I have seen it on the other hand too. America. What did we in fact have to include in order to get it passed? The one pro- I have seen arbitrary behavior where b 2230 the Endangered Species Act has been posal, the one and only proposal that used as a club: my way or the highway. I think, and they were concerned came from the minority party to stim- You guys do not have any rights, we about this, and they certainly do not ulate our economy, was to increase the are going to shove it down your throat. want, as they said, they do not want length of time people could be on un- When that happens, you find that the these measures to become permanent. employment compensation. landowner is forced to choose between They want all of the temporary tax Now, we can argue for the need for a species and his livelihood, and the cuts to remain only temporary. In fact, the Federal Government to increase landowner usually is going to choose they are concerned about the fact that the length of time people can be eligi- his livelihood. The Endangered Species we passed them at all. They would just ble for unemployment, but that is a Act, often unnecessarily, forces the as soon that we never had passed tax separate debate. It should be a separate landowner to make this choice, and cuts. debate, totally and completely dif- when this happens, everyone loses. I would like the people listening, and ferent from the debate over what it is also, most importantly, Mr. Speaker, I we can do to get the economy moving f want to address this comment to the again. Yet, this is the only thing they ANNOUNCEMENT OF INTENTION TO House, and reflect upon exactly what it put forward, an increase in the amount OFFER MOTION TO INSTRUCT ON was that we had to do in order to get of time people could be eligible for un- H.R. 2646, FARM SECURITY ACT Democratic support for our package, employment. OF 2001 the package that we refer to as a stim- Now, I suggest, Mr. Speaker, that Mr. TANCREDO. Mr. Speaker, pursu- ulus package. I think it is very eluci- that is a perfect example. I cannot ant to clause 7(c) of rule XXII, I hereby dative. It tells us a great deal about think of a better way to explain to the announce my intention to offer the fol- the difference between the two parties, American people the difference that ex- lowing motion to instruct House con- and about the way in which we do our ists between two parties, two philoso- ferees tomorrow on H.R. 2646. business here in this House. It tells us phies, two ideas of government. One, because we want tax breaks, we The form of the motion is as follows: a great deal about how we view govern- are characterized as heartbreakers, I move that the managers on the part ment and its relationship to the people. cruel, or only wanting to help the of the House at the conference on the Now, it is undeniably true that as a ‘‘rich.’’ But as has been said often on disagreeing votes of the two Houses on result of a number of things, tradi- this floor, and certainly something the Senate amendment to the bill H.R. tional economic downturns, the war we with which I agree, Mr. Speaker, I have 2646, an Act to provide for the continu- are facing, a variety of other issues never personally been given a job by a ation of agricultural programs through have impacted negatively on the econ- omy of this Nation. That is undeniably poor person. Jobs only come from peo- fiscal year 2011, be instructed to dis- ple who can afford to give jobs, compa- agree to the provisions contained in true. No one argues with that. As a result, revenues have dropped, nies that can afford to employ people. Section 452 of the Senate amendment, And their ability to do so, their ability jobs have disappeared, and Federal, relating to partial restoration of bene- to employ people, is directly related to State and local governments are hav- fits to legal immigrants. the costs they incur to be in business. f ing a more difficult time meeting their One of those costs, in fact, I think a commitments because revenues have WELFARE REFORM AND OTHER very expensive cost, is the cost of the decreased. That is undeniably true. government. I think it is too high. I ISSUES IMPORTANT TO AMERI- That is the only thing upon which we CANS think we interfere far too much with agree. the marketplace and with people’s abil- The SPEAKER pro tempore (Mr. Everybody here can agree there is a ity to actually do business. BOOZMAN). Under the Speaker’s an- problem. The President has articulated There are legitimate roles for the nounced policy of January 3, 2001, the the problem, and has postulated a re- government, undeniably, legitimate gentleman from Colorado (Mr. sponse and a solution. This is what sep- roles in this area. But when we are TANCREDO) is recognized for 60 minutes. arates the two parties, this philosophy talking about trying to get this econ- Mr. TANCREDO. Mr. Speaker, before of government embodied in this whole omy moving again, and then to hear I give my comments tonight, I want to idea of a stimulus package, ‘‘stim- our friends on the other side of the take note of one individual in par- ulus,’’ meaning to get the country aisle come up here tonight and talk for ticular here in the room with us to- moving again. over an hour about their fear that a tax night and those that are also here What can we do, what is there that break, that a tax cut would in some every single night, every single day on the Members of this body can do, to re- way or other jeopardize the success of the floor, and they are the pages that invigorate the American economy? our stimulus package, that is abso- have worked so hard to make the oper- Now, when we presented this in the lutely incredible. ation of this House successful as it is. form of a motion here on the floor, in Actually, it is not incredible, it is to In particular, one Katie Roehrick, who the form of regulations and/or laws, be expected, but it is also to be re- I spoke to just a little earlier, I want here is what we came up with. jected. It is a failed philosophy. We to especially point out and thank her On the Republican side, we said that cannot tax ourselves out of a recession. for her work and staying late in the the best thing that we can do as a body What we can do is, of course, unleash evenings as she does and to her mom, is to in fact reduce the tax burden on the power, the spirit, and the enter- Brenda, for producing such a lovely the people of the country and on the prise of the American people, and that daughter. businesses that employ the people of is what we have done. That is what this Mr. Speaker, there are a number of this country, because we believe in President has requested. That is how issues with which I wish to deal to- order to get the economy in fact stimu- this Congress has responded. night. Before I begin the major body of lated, as the title of the package im- We should not only disavow any at- my presentation, I want to refer to the plies, we need to increase the number tempt on the part of the minority April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1329 party to retain the degree to which all happens around here, as we know, but So we started a new era, and almost of these things were temporary, but we it happened in 1996, and to the benefit without exception, every State began should in fact move quickly to make of literally millions and millions of to see a reduction in the number of all of these tax reductions permanent, Americans, millions of Americans who people on the welfare rolls. Now we are and we should do so with haste and were no longer besieged, in a way, by something like 50 percent below where with great pride, because it is in fact the plight of welfare. we were. Some States, I am told, are 80 what will get this country moving I say it in that way, I couch it in percent or 90 percent below where they again. those terms, because that is exactly were in 1996. Now, it is interesting to note that al- what welfare is in reality, it is a plight. Now, a lot of people say, well, natu- though we heard a number of protesta- It is something that we understood in rally, it is because, of course, we had a tions from the other party tonight 1996 to affect intrinsically, I say, in- time of economic prosperity. But I about the cost of government, about trinsically, the character of the Na- would refer to the many, many studies the expenditures of the Federal Gov- tion, and to negatively affect the peo- that have been done on this issue that ernment, something I am sure they are ple it was designed to benefit. have shown that heretofore, prior to not used to actually doing, when we Welfare was always, since the begin- 1996, it did not matter how many eco- consider that for 40 years this body was ning of the country, designed or nomic boom and bust cycles we went thought of as being a very thing. For controlled by the Democratic Party through in the country, it did not mat- the most part, of course, we know at and for 40 years we were in deficit ter that the graph showed this fluc- the beginning of the Nation it was spending, and the idea of a balanced tuating line in times of great pros- never thought of as being a govern- budget was almost laughable. In fact, I perity, in times of economic ment responsibility at all; it was the know that many people did consider it downturns. It did not matter that, over responsibility of churches and of local a joke: How could we ever do that? Im- the course of time, the number of peo- communities. But we have expanded possible. It is only right and just and ple on welfare went up, and the eco- that concept dramatically, as we all God willed somehow that we would al- nomic boom cycle had nothing to do know. We did so, I think, for the most ways be in deficit spending, as long as with bringing it down. It never came part for very altruistic reasons. We did they were in charge. down. It went up in good times, it went so because we believed that the people So the idea of actually coming to the up in bad times, prior to 1996. floor and talking about fiscal prudence, who were more well off needed to help b 2245 fiscal responsibility, I am happy to and benefit those who were in need. hear it. I hope somehow or other those That is something that I think we can It was not the economic good times words begin to actually take root with- all agree to. of the nineties. After all, we only in the Members of the other side. I But the whole idea of welfare was passed this in 1996. It began to take ef- hope they actually begin to listen to that it was a temporary thing, meant fect maybe 1997–1998, and we had al- what they say about being able to ac- to get them over a particular bump in ready been in a period of at least 10 or the road, a problem they were having tually prioritize the needs of this Na- more years of economic upturn. Why in their lives that, with a little bit of tion in a way that allows us as a nation had we not seen an increase in the help from the government, they could to live within our means, as we all number of people employed during that overcome and move on to self-suffi- must do, or face the consequences. period and getting off of welfare during I say that that is ironic in a way be- ciency. the time prior to 1996, say, from about But we all know, Mr. Speaker, what cause, on another note, we will be and 1985 to 1996? happened over the course of time: it have been for some time and we will We did not see it because, of course, was no longer thought of, for the most continue to debate the issue of immi- the welfare system only encouraged part, as just a temporary thing; it was gration into the United States of people to stay on welfare. We encour- thought of as a lifestyle. It became a aged generation after generation after America. We will talk about the need lifestyle for far too many, literally generation of people to be on welfare. for immigration, and we will talk millions of Americans, far too many It is all they knew. It is all they trust- about its impact, and the fact that di- Americans. And it did not benefit ed. It is all that they could actually versity plays such a wonderful role in them, in the long run. the American landscape. In a way, there is a great metaphor. hope for or think about. We will soon be debating whether or We could think about penguins who We actually forced a change in the not we should in fact be increasing the were at one time able to fly. I always character, the national character of a amount of money, and in particular, think about this, and realize that over nation, an amazing thing. the amount of food stamps, that will be eons of time, these particular birds did So what are we now proposing in the made available to people who are here not use that ability and they eventu- farm bill? We are proposing to add peo- who are not citizens of the country: an ally lost it. ple to the welfare rolls, 200,000, perhaps expansion of the food stamp welfare What we did to a lot of people was to more, depending upon which version of program. That may be up on this floor take away their ability to fly; in this this thing is passed by this body, if it as early as tomorrow. It is the motion case, I mean to actually make their is passed. I suggest if history is any that I made earlier upon the beginning own way in life. We took away their guide to this, it will be far more than of my comments here that I intend to self-esteem. 200,000; but what we are saying is that instruct the conferees, at least I intend There have been many books, many all of the things we did right in 1996 we to bring a motion before this body that research papers, written on the effects, are going to undo, little by little here; would instruct the House conferees the negative effects, of welfare on our and we are going to start with people that are presently in conference with society. We came to that conclusion as who are immigrants to the country, the Senate over the farm bill to not a majority of this body, and with the legal, that is true, but nonetheless in- agree to any expansion of welfare bene- President. After he vetoed it two eligible for welfare at the present time, fits for people who are not citizens of times, the past president, President ineligible for food stamps at the the United States. Clinton, he eventually came to the con- present time. Now, we passed just a few years ago, clusion that it was the right thing to Mr. Speaker, there is a peculiar thing 6 short years ago, we passed a bill in do, and it was. That was to stop doing that we do, one of the many I guess this body that is widely, widely accept- what we were doing and begin to move that we do with regard to this issue of ed as being a monumental improve- in a direction that would once again re- immigration, and that is, that when ment in the area of welfare. The Wel- flect that original attitude about wel- someone comes here as an immigrant fare Reform Act that we passed in this fare; that is, that it was a temporary they have to actually find a sponsor body did a number of amazing things. intercession on the part of the Federal who is willing to say and swear to the It was a sea change, if you will. It was Government or the State or local gov- fact that when this person comes in as one of the few times that a government ernment, and that the worst thing we the person they sponsor, that they, in reverses its policy and begins to go in could do was to make it a continuing fact, will be held financially respon- a different direction. That hardly ever process. sible so that that person coming in will H1330 CONGRESSIONAL RECORD — HOUSE April 16, 2002 never be a drain on the resources of the them all to vote for our party based on Third World populations dwarf those of Nation. We say that all the time. I our principles. the rest of the world and so, in reality, mean, that is every single person I am a Republican. The principles of the poorest American still lives better comes in, they actually sign it. my party rest on less government, less than most people in the world. Amazingly, Mr. Speaker, we do not welfare, more individual freedom, a That is an amazing thing. It is an in- enforce it. In fact, there is not a mech- greater degree of trust and under- credible thing, and of course if you are anism to enforce it. We would not standing of the importance of indi- here and the only thing against which know what court to go to. There is no vidual responsibility. That is what I you judge it is what your neighbor has regulation that allows us to actually believe we can appeal to people on. you feel impoverished, and I do not have a pathway to do this. So it is People on the other side have their mean for a moment that we should not never enforced. Not one person, not one own principles and ideas, all just as do everything we can to make sure person here today as an immigrant, deeply felt, all principled. I do not sug- that everyone in the United States and some are eligible under our laws gest for a moment that the folks on the does not move as quickly as they pos- because of economic status, but none other side of the aisle do not feel these sibly can toward economic self-suffi- should be eligible because of the fact things as strongly as I feel our prin- ciency, but welfare is not the way to do that we have someone who said they ciples. it. would be responsible, financially re- Let us go forward based on who we It is more often than not a political sponsible. Yet not one person has ever are and what we are and ask for the ploy. It is a political carrot we dangle been held responsible for an immigrant support of the people who are here in in front of people for their votes, but it family coming here that then goes on the country; and I think, as Repub- is in a way as destructive to them as a welfare, not one. It is a big joke, as licans, I think we will win. Certainly drug that we put in front of them. Wel- much of the immigration issue is a we will win our share. We will not win fare is a drug that once injected be- nasty, ugly and really not-so-funny every single person, but I believe we comes addictive. We recognize that. joke. No one has ever been held respon- can win our share by saying to them This is what I am saying now. What is sible, no one; but that is the law. They that we trust you, we want you to be amazing to me is that we came to this are supposed to. part of this American mosaic, and we conclusion as a body, as a country just I ask my colleagues, Mr. Speaker, want to give you the freedom to both 6 years ago. Yet here we are talking should it be the business of this body succeed and the freedom to fail. about expanding the number of people to actually reverse some of the activ- That is the essence of freedom. Every eligible for, in this case, food stamp ity, some of the benefits of the 1996 country on the Earth that has tried the benefits; and again I say it is simply Welfare Reform Act and now begin an other experiment we call socialism, for political reasons. expansion of the number of people who that experiment that tells people you The issue of immigration is one with are on welfare, in this particular case, really cannot fail, you really cannot, which we must deal; and it will be in- on food stamps, who are made eligible do not worry, we will always make sure teresting to see tomorrow, Mr. Speak- for food stamps? I believe it is wrong- you have a job even if your job pro- er, if we do bring this motion to the headed. duces nothing of value, the government floor to instruct conferees. It will be I know that there are political moti- will subsidize it, we will always make interesting to see how all the people vations for this. I understand that in sure you have a home, a little apart- who stood on the floor tonight to talk this body is what really makes things ment maybe someplace, because this is about fiscal discipline, the importance work. That is the mother’s milk of this a guarantee against your ever failing. of not spending more than we take in, organization, that is, what are the poli- Well, when you say to people you it will be interesting to see how they tics of the issue, and in this case, it is cannot fail, you also say to them, well, vote on this $2 billion proposal, an ex- pretty clear. There is a rapidly-expand- you cannot succeed; and the greatness pansion of welfare. ing immigration population in the of America is the fact that here we do My guess is that most of them will United States; and the hope that we say to everyone or at least it is the vote to expand it. Regardless of the fis- can garner their support, the political promise of America that you have this cal implication of this country, it real- support of these people who will soon great opportunity. The great oppor- ly does not matter. I would bet, Mr. become citizens and eligible to vote tunity is to succeed even beyond your Speaker, that most of the people on and even those who vote, even though wildest imagination, and yes, you may this floor would vote for it even if it they are not citizens, and they do en fail, but that is an important part in expanded welfare by $20 billion, by $50 masse, believe me, fraudulently vote, the process, and to fail does not mean billion, because the issue is not fiscal but we are all concerned about the im- it is all over. It means you start again responsibility at that point. It is poli- pact of this massive immigration on on a new path. tics. It is votes. How many votes can our own political futures. This goes That is what I consider to be the we buy with welfare; and as I have told from the White House down through American way. That is what I consider people on my side of the aisle so often, the House and Senate. to be the promise we should hold out to Mr. Speaker, we will never be able to Mr. Speaker, it is fascinating, be- everyone coming into the United outbid the folks on the other side of cause in the Zogby poll I saw not too States and to people who have been the aisle for votes when it comes to long ago there was one portion of it here for all of their lives, that we give handicap welfare because everything where they actually went to Hispanic them both the freedom to succeed and we offer they will up the ante. Americans, and in this case Hispanic the freedom to fail. After all, it is not their money. It is immigrants to the country who are not There is an immediate allure I know just the people’s money. Why not buy yet citizens, and said there is a pro- to going up to people and saying we votes with the people’s money? It is posal to, among other things, provide will protect you from failure, we will not yours, and that is in fact what we amnesty for people coming into this make sure you cannot; and we will hide are doing here when we expand welfare. country, and would you be more or less any of the negative from you, but to It is, in fact, what we are doing when inclined to vote for someone who sup- fail as a system cannot work like this, we expand the number of people that ported amnesty for someone here ille- and they have failed all over the world. can come into the United States. It is gally? Amazingly, a majority of the It is only our system that now shines a exactly what we do when we try to stop people, Hispanic Americans, said no, I light as a beacon really to the poor and organizations of our government from would not be in favor of that. I would impoverished of the world as to how we actually enforcing the immigration actually vote against someone who can improve the lives of everyone. laws, because we want for the most proposed that. The poorest American for the most part, many people here want more peo- I believe with all my heart, Mr. part lives even a better life than most ple coming into the country. Why? Be- Speaker, that we can appeal to every of the people in the Third World. The cause they want diversity? Because American, whether they be Hispanic or poorest American has a better life they have some sort of altruistic feel- black or Italian, as I am, or Hungarian today than most people in the world. I ing? No. No, sir. I do not believe that or Polish or whatever, we can appeal to say in the world because, in fact, the that is the case. April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1331 I think for the most part, this is my actually turn in in terms of their own der Patrol’s own admission, it catches feeling, Mr. Speaker, I believe that tax revenues. one in five and admits that around what we are talking about here is the Low-wage, low-skilled workers natu- 800,000 have slipped across the border most crass politics. I see it as verbose. rally pay less in taxes, naturally. Many up to that point in time. Local ranch- I see the people coming in as potential of them, of course, are paid in cash be- ers who have been watching the border voters that I know want to retain cause they are illegal. They are here il- for several generations strongly dis- power and even if you have to buy legally. So there is an advantage to the agree and estimate that the agency them off to do so, through government employer who can skirt the law by pay- nets one in 10. Estimates are that in programs and services, some people ing the employee in cash, thereby 2001, over 1.5 million unlawful immi- will do that. avoiding all kinds of employment grants crossed into America in what There is a great danger to this coun- taxes, and to the employee who takes the Border Patrol people called the try from massive immigration, both it in cash who therefore does not have Tucson sector. The numbers are stag- legal and illegal. It is on many fronts. to pay taxes on it, does not have to ac- gering. It is growing dramatically. One is, in fact, the economic implica- count for it or fill out any forms. So a Mr. Speaker, please understand, we tions of massive immigration. For huge amount of money, a huge part of are not just talking about people from many, many years, immigration was this economy, is a cash economy from Mexico or South America; we are talk- thought of as one of the things that which the government receives abso- ing about people from all over the drove the economic engine of this lutely no revenues. world coming through Mexico. country, and we still talk about it in For those people who then in fact do This article goes on to identify the that way. We still talk about the need pay taxes, they are people who pay a many people coming through that bor- for labor, especially low-cost labor. low level because naturally they are der illegally from the Middle East. A People on my side of the aisle espe- low-skilled, low-wage earners. Most Border Patrol spokesman stated that cially talk about the need for low-cost pay none. Even if they are filing, they the other than Mexican detentions has labor and the importance of, in fact, do not really pay taxes with the excep- grown by 42 percent. Most of the non- keeping the engine running with those tion of sales and use taxes, but they Mexican immigrants are from El Sal- folks, and therefore, the need for mas- pay no income taxes for the most part. vador, but they have picked up people sive immigration. But the costs of society are significant. from all over the world. Arabs have For a long time, Mr. Speaker, I think The cost of adding each new person been reported crossing the Arizona bor- that that was a legitimate argument. to a community is about $1,500 and der for an unknown period, and border When the country was going through that is the first year, taking into ac- rancher George Morgan encountered the industrial revolution, it was in des- count all of the things that have to be thousands of illegals crossing his ranch perate need of low-cost labor. That was put in place for that additional person, on a well-used trail. He talks about an necessary for the accumulation of cap- streets, houses, all of the infrastruc- incident where he saw literally hun- ital and for the eventual development ture. It is not economically viable; it is dreds on his property one day. They of our system. no longer something that pushes the were all Iranians, 100 Iranians, coming engine of the economy. It is a drain on b 2300 across the border. This article goes on the economy. It is a governor, if you to detail that particular phenomenon. And there were horrendous examples will, on the engine, on the speed of the That is to say that just because we of the excesses of the time, sweat shops engine. have a porous border in the south and and the like. Nonetheless, a case could It does in fact benefit certain people, we talk about the danger that that be made for the need for massive num- undeniably true. The hotel owners in poses to America from an economic bers of low-cost, low-skilled workers. I the resort areas in my State are bene- standpoint, please understand that suggest, Mr. Speaker, like everything, fited by having low-skilled, low-wage there is another danger that it poses to the economics of this changed dramati- people come into the United States America, and that is a very vital part cally and that the impact today of seeking jobs that perhaps no one else of this discussion, and that is the dan- massive numbers of low-skilled, low- would take. That is what we always ger to our national security that is as wage workers is actually negative on hear. But what we do not hear is the a result of our porous borders, that is the country. rest of that line, jobs no one else would as a result of the fact that we do not I know that there are people who will take for the price I am paying this per- care. disagree with me, recognizing as I hear son. Well, it is true that perhaps they Mr. Speaker, we do not care who all of the time from certain industries will have a harder time getting other comes across. We are afraid of actually that they could not run their business, folks to take those jobs, but it is not putting into any sort of order our bor- a lot of ski areas in Colorado, talk true this is an overall economic benefit der control efforts. We are afraid of it. about the fact that they cannot find to the Nation. Why are we afraid? How can this be, enough people, they have to rely on im- The numbers are staggering. In a re- Mr. Speaker? That after 3,000 Ameri- migrants; and they know that most of cent article, and I should preference cans were killed by aliens, people who them are illegal. this by saying at the height of the im- came here from other countries for the Here is an interesting concept put migration wave into the United States purpose of doing harm, some of them forth by a Vanderbilt professor, and I in the early part of the 20th century, here illegally as a result of overstaying will characterize it in this way. Mas- we saw about 200,000 people a year com- their visas, how can we say that we sive immigration of low-skilled work- ing in. That was only for 2 or 3 years, turn a blind eye and that we do not ers privatizes profits and socializes and after that it went down. That was care about the fact that these borders costs. That means that there are unde- tops. That was at the heyday of immi- are porous? How can we continue to en- niably a number of people who do prof- gration into the country. Today, about courage people to come across those it as a result of having a lot of low- a million come in legally. We do not borders illegally? How is it that we can skilled people working for them. They know how many come in illegally. be so cavalier about what I consider to do in fact have greater profits in that Mr. Speaker, here is an interesting be one of the most important aspects of regard because you can pay lower article that appeared recently in World our national sovereignty, the establish- wages. But on the other side, there are Net Daily. It says in Cochise County, ment of, the protection of, the defense costs to society. There are costs for Arizona, the U.S.-Mexican border is the of our borders. schools, costs for streets, hospitals, most heavily used corridor for illegal costs for social services, including wel- alien traffic on America’s southern b 2310 fare. What we have found is that the border, and the numbers of unauthor- Is it really passe? Is it really out- cost of immigration, especially for low- ized immigrants smuggled across the dated for me to stand on the floor of skilled, low-wage people are higher porous border dumbfounds the imagi- this body and this House and plead for than the profits they return, higher nation. As of October 19, 2001, the U.S. the protection of our borders, the de- than the benefits that they provide in Border Patrol had apprehended 158,782 fense of our borders? Is that really that terms of taxes, higher than what they illegals. That was in 2001. By the Bor- odd? How is it that we can look at this H1332 CONGRESSIONAL RECORD — HOUSE April 16, 2002 whole phenomenon and not reel by the LEAVE OF ABSENCE Economy Advertising For New Auto- mobiles—received March 21, 2002, pursuant to impact made when we understand the By unanimous consent, leave of ab- fact that every day, literally thousands 5 U.S.C. 801(a)(1)(A); to the Committee on sence was granted to: Energy and Commerce. of people are crossing our borders with- Mr. HASTINGS of Florida (at the re- 6191. A letter from the Secretary, Federal out our knowledge, certainly without quest of Mr. GEPHARDT) for today and Trade Commission, transmitting the Com- our permission. For the most part, I the balance of the week on account of mission’s final rule—Guide For The Rebuilt, am sure that their intentions are be- official business. Reconditioned, And Other Used Automobile Parts Industry—received March 21, 2002, pur- nign. But whether their intentions are Mr. THORNBERRY (at the request of suant to 5 U.S.C. 801(a)(1)(A); to the Com- simply to take a low-cost job that no Mr. ARMEY) for today and April 17 on one else will take or their intentions mittee on Energy and Commerce. account of a death in the family. 6192. A letter from the Secretary, Federal are to do something more evil, the fact f Trade Commission, transmitting the Com- is that the impact is negative on the mission’s final rule—Rule Concerning Disclo- country, negative from an economic SPECIAL ORDERS GRANTED sures Regarding Energy Consumption and standpoint and negative from a na- By unanimous consent, permission to Water Use of Certain Home Appliances and tional security standpoint. address the House, following the legis- Other Products Required Under the Energy lative program and any special orders Policy and Conservation Act (Appliance La- This body has failed to produce a sin- beling Rule)—received March 21, 2002, pursu- gle piece of legislation, both the House heretofore entered, was granted to: ant to 5 U.S.C. 801(a)(1)(A); to the Committee and the Senate together, failed to (The following Members (at the re- on Energy and Commerce. produce a single piece of legislation quest of Ms. WOOLSEY) to revise and ex- 6193. A letter from the Acting Director, De- which will significantly increase the tend their remarks and include extra- fense Security Cooperation Agency, trans- security of the people of the United neous material:) mitting notification concerning the Depart- Ms. WOOLSEY, for 5 minutes, today. ment of the Air Force’s Proposed Letter(s) of States as regards the borders. We have Offer and Acceptance (LOA) to the Taipei Mr. LIPINSKI, for 5 minutes, today. done a great deal to improve our abil- Economic and Cultural Representative Office ity to respond to the threats of terror- Ms. NORTON, for 5 minutes, today. in the United States for defense articles and ists in Afghanistan, in Iraq maybe Mr. PALLONE, for 5 minutes, today. services (Transmittal No. 02–05), pursuant to soon, in the Philippines, in the Repub- Mr. DINGELL, for 5 minutes, today. 22 U.S.C. 2776(b); to the Committee on Inter- lic of Georgia, the many other nations Ms. CARSON of Indiana, for 5 minutes, national Relations. where we have identified tentacles of today. 6194. A letter from the Director, Inter- national Cooperation, Department of De- the terrorist threat Al Qaeda. We have Mr. STRICKLAND, for 5 minutes, today. fense, transmitting a copy of Transmittal done a marvelous job. It is to the credit No. 08–02 which informs of the intention to of this President, this body, the Con- (The following Members (at the re- sign the Future Air Capabilities Projects gress of the United States and more quest of Mr. WELLER) to revise and ex- (FAC) Memorandum of Understanding (MOU) importantly to the people, the men and tend their remarks and include extra- between the United States, France, Ger- women who serve in the Armed Forces, neous material:) many, and the United Kingdom, pursuant to that we have been able to accomplish Mr. HANSEN, for 5 minutes, today. 22 U.S.C. 2767(f); to the Committee on Inter- national Relations. what we have been able to accomplish Mr. MORAN of Kansas, for 5 minutes, today. 6195. A letter from the Director, Inter- since 9/11. But it is not enough, Mr. national Cooperation, Department of De- Mr. WALDEN of Oregon, for 5 minutes, Speaker. fense, transmitting a copy of Transmittal today. We have one primary responsibility No. 07–02 which informs of the intention to Mr. GRUCCI, for 5 minutes, today. sign an Amendment to the Memorandum of here in this body, one thing that is Mr. KIRK, for 5 minutes, today. Understanding (MOU) between the United more important than making sure that (The following Member (at his own States, the United Kingdom, Canada, and we fund health and human services ac- request) to revise and extend his re- The Netherlands concerning the Cooperative tivities, education activities, transpor- marks and include extraneous mate- Framework for the System Development and tation and all of the other budget bills rial:) Demonstration (SDD) Phase of the Joint Strike Fighter (JSF) Program and the Neth- that we deal with. Something more im- Mr. SCHROCK, for 5 minutes, today. portant than that is the protection of erlands Supplement between the United f States and The Netherlands, pursuant to 22 the life and property of the people of ADJOURNMENT U.S.C. 2767(f); to the Committee on Inter- this country. We shirk that responsi- national Relations. bility if we do not pay attention to our Mr. TANCREDO. Mr. Speaker, I move 6196. A letter from the Assistant Secretary borders, if we do not get some sort of that the House do now adjourn. for Legislative Affairs, Department of State, hold on our own immigration policy The motion was agreed to; accord- transmitting certification of a proposed and become a real nation. Because a ingly (at 11 o’clock and 14 minutes Manufacturing License Agreement with real nation has borders. It defends Japan [Transmittal No. DTC 12–02], pursuant p.m.), the House adjourned until to- to 22 U.S.C. 2776(d); to the Committee on them. It determines who comes across morrow, Wednesday, April 17, 2002, at International Relations. them to the best of its ability. It expels 10 a.m. 6197. A letter from the Assistant Secretary people who come across illegally. We f for Legislative Affairs, Department of State, laugh at that. We wink at it. It is a transmitting certification of a proposed joke. EXECUTIVE COMMUNICATIONS, Manufacturing License Agreement with ETC. Japan [Transmittal No. DTC 027–02], pursu- Let me tell you, Mr. Speaker, we will Under clause 8 of rule XII, executive ant to 22 U.S.C. 2776(d); to the Committee on not be laughing the next time we have International Relations. an incident. God forbid that another communications were taken from the 6198. A letter from the Assistant Secretary event occur in this Nation that we can Speaker’s table and referred as follows: for Legislative Affairs, Department of State, attribute to the evil intent of people 6188. A letter from the Assistant to the transmitting certification of a proposed li- who come here from other nations and Board, Board of Governors of the Federal Re- cense for the export of defense articles to serve System, transmitting the Board’s final who sneak across or come across le- India [Transmittal No. DTC 168–01], pursuant rule—Truth in Lending [Regulation Z; Dock- to 22 U.S.C. 2776(c); to the Committee on gally and stay beyond what they et No. R–1118] received April 5, 2002, pursuant International Relations. should or who lie to us for telling us to 5 U.S.C. 801(a)(1)(A); to the Committee on 6199. A letter from the Assistant Secretary why they are coming in. All those peo- Financial Services. for Legislative Affairs, Department of State, ple coming in illegally, we have a re- 6189. A letter from the Secretary, Federal transmitting certification of a proposed li- sponsibility to do everything we can to Trade Commission, transmitting the Com- cense for the export of defense articles or de- protect the American citizens by de- mission’s final rule—Guides for the House- fense services sold commercially under a fending our borders. Do not shirk this hold Furniture Industry—received March 21, contract to Japan [Transmittal No. DTC 032– 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 02], pursuant to 22 U.S.C. 2776(c); to the Com- responsibility, I beg my colleagues. It Committee on Energy and Commerce. mittee on International Relations. is our primary responsibility. God and 6190. A letter from the Secretary, Federal 6200. A letter from the Inspector General, the American people will judge us for Trade Commission, transmitting the Com- Railroad Retirement Board, transmitting our actions. mission’s final rule—Guide Concerning Fuel the semiannual report on activities of the April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1333 Office of Inspector General for the period worthiness Directives; SOCATA—Groupe Committee of the Whole House on the April 1, 2001, through September 30, 2001, pur- AEROSPATIALE Model TBM 700 Airplanes State of the Union and ordered to be suant to 5 U.S.C. app. (Insp. Gen. Act) sec- [Docket No. 2001–CE–10–AD; Amendment 39– printed. tion 5(b); to the Committee on Government 12644; AD 2002–03–03] (RIN: 2120–AA64) re- Reform. ceived March 22, 2002, pursuant to 5 U.S.C. f 6201. A letter from the FHWA Regulations 801(a)(1)(A); to the Committee on Transpor- Officer, Department of Transportation, tation and Infrastructure. TIME LIMITATION OF REFERRED transmitting the Department’s final rule— 6210. A letter from the Program Analyst, BILL Right-of-Way and Real Estate; Program Ad- FAA, Department of Transportation, trans- Pursuant to clause 2 of rule XII the ministration [FHWA Docket No. FHWA–2001– mitting the Department’s final rule—Air- following action was taken by the 8624] (RIN: 2125–AE82) received March 22, worthiness Directives; CFM International, S. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the A. CFM56–5 Series Turbofan Engines [Docket Speaker: Committee on Transportation and Infra- No. 2001–NE–20–AD; Amendment 39–12461; AD H.R. 3421. Referral to the Committee on structure. 2002–02–13] (RIN: 2120–AA64) received March Education and the Workforce extended for a 6202. A letter from the FMCSA Regulations 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to period ending not later than April 16, 2002. Officer, Department of Transportation, the Committee on Transportation and Infra- f transmitting the Department’s final rule— structure. Certification of Safety Auditors, Safety In- 6211. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS vestigators, and Safety Inspectors [Docket FAA, Department of Transportation, trans- No. FMCSA–2001–11060] (RIN: 2126–AA64) re- mitting the Department’s final rule—Air- Under clause 2 of rule XII, public ceived March 22, 2002, pursuant to 5 U.S.C. worthiness Directives; Honeywell Inter- bills and resolutions were introduced 801(a)(1)(A); to the Committee on Transpor- national, Inc., (formerly AlliedSignal, Inc., and severally referred, as follows: tation and Infrastructure. and Textron Lycoming) T5311A, T5311B, By Mr. MANZULLO (for himself and 6203. A letter from the Program Analyst, T5313B, T5317A, T5317B, T53–L–11, T53–L–11A, Ms. VELA´ ZQUEZ): FAA, Department of Transportation, trans- T53–L–11B, T53–L–11C, T53–L–11D, T53–L– H.R. 4231. A bill to improve small business mitting the Department’s final rule—Air- 11AS/SA, T53–L–13B, T53–L–13BS/SA, T53–L– advocacy, and for other purposes; to the worthiness Directives; Boeing Model 757 Se- 13BS/SB, and T53–L–703 Turboshaft Engines Committee on Small Business. ries Airplanes [Docket No. 2001–NM–07–AD; [Docket No. 2000–NE–34–AD; Amendment 39– By Mr. FERGUSON: Amendment 39–12632; AD 2002–02–04] (RIN: 12642; AD 2002–03–01] (RIN: 2120–AA64) re- H.R. 4232. A bill to extend the temporary 2120–AA64) received March 22, 2002, pursuant ceived March 22, 2002, pursuant to 5 U.S.C. suspension of duty on bromine-containing to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- compounds; to the Committee on Ways and Transportation and Infrastructure. tation and Infrastructure. Means. 6204. A letter from the Program Analyst, 6212. A letter from the Program Analyst, By Mr. FERGUSON: FAA, Department of Transportation, trans- FAA, Department Of Transportation, trans- H.R. 4233. A bill to extend the temporary mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- suspension of duty on filter blue green photo worthiness Directives; Airbus Model A300 B2 worthiness Directives; BAE Systems (Oper- dye; to the Committee on Ways and Means. and A300 B4; A300 B4–600, B4–600R, and F4– ations) Limited Model BAe 146 and Avro 146– By Mr. FERGUSON: 600R (Collectively Called A300–600); and RJ Series Airplanes [Docket No. 2001–NM– H.R. 4234. A bill to extend the temporary Model A310 Series Airplanes [Docket No. 224–AD; Amendment 39–12648; AD 2002–03–07] suspension of duty on a fluoride compound; 2001–NM–253–AD; Amendment 39–12633; AD (RIN: 2120–AA64) received March 22, 2002, pur- to the Committee on Ways and Means. 2002–02–05] (RIN: 2120–AA64) received March suant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. RAHALL (for himself, Mr. 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Transportation and Infrastruc- GEORGE MILLER of California, Mr. the Committee on Transportation and Infra- ture. MURTHA, and Mr. STRICKLAND): structure. 6213. A letter from the Acting Director, Of- H.R. 4235. A bill to amend the Black Lung 6205. A letter from the Program Analyst, fice of Regulatory Law, Department of Vet- Benefits Act, and for other purposes; to the FAA, Department of Transportation, trans- erans’ Affairs, transmitting the Depart- Committee on Education and the Workforce. mitting the Department’s final rule—Air- ment’s final rule—Board of Veterans’ Ap- By Mr. ACEVEDO-VILA´ (for himself, worthiness Directives; Boeing Model 737–200, peals Rules of Practice: Claim for Death Mr. UNDERWOOD, and Mrs. –200C, –300, and –500 Series Airplanes [Docket Benefits by Survivor (RIN: 2900–AL11) re- CHRISTENSEN): No. 2000–NM–332–AD; Amendment 39–12636; ceived April 5, 2002, pursuant to 5 U.S.C. H.R. 4236. A bill to provide access to wel- AD 2002–02–08] (RIN: 2120–AA64) received 801(a)(1)(A); to the Committee on Veterans’ fare tools to help Americans get back to March 22, 2002, pursuant to 5 U.S.C. Affairs. work; to the Committee on Ways and Means, 801(a)(1)(A); to the Committee on Transpor- f and in addition to the Committee on Energy tation and Infrastructure. REPORTS OF COMMITTEES ON and Commerce, for a period to be subse- 6206. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS quently determined by the Speaker, in each FAA, Department of Transportation, trans- case for consideration of such provisions as mitting the Department’s final rule—Air- Under clause 2 of rule XIII, reports of fall within the jurisdiction of the committee worthiness Directives; Pilatus Britten-Nor- committees were delivered to the Clerk concerned. man Limited BN–2, BN–2A, BN–2B, and BN– for printing and reference to the proper By Mr. ACKERMAN: 2T Series Airplanes [Docket No. 2001–CE–38– calendar, as follows: H.R. 4237. A bill to provide for the liquida- AD; Amendment 39–12638; AD 2002–02–10] Mr. HANSEN: Committee on Resources. tion or reliquidation of certain entries of (RIN: 2120–AA64) received March 22, 2002, pur- H.R. 3955. A bill to designate certain Na- protective cases; to the Committee on Ways suant to 5 U.S.C. 801(a)(1)(A); to the Com- tional Forest System lands in the Common- and Means. mittee on Transportation and Infrastruc- wealth of Puerto Rico as components of the By Mr. BECERRA: H.R. 4238. A bill to extend the temporary ture. National Wilderness Preservation System, 6207. A letter from the Program Analyst, suspension of duty on 5-[(3,5- and for other purposes; with an amendment FAA, Department of Transportation, trans- Dichlorophenyl)-thio]-4-(1-methylethyl-1)-(4- (Rept. 107–409). Referred to the Committee of mitting the Department’s final rule—Air- pyridin lmethyl)-1H-imidazole-2-methanol the Whole House on the State of the Union. worthiness Directives; Airbus Model A319, Mr. HANSEN: Committee on Resources. carbamate; to the Committee on Ways and A320, and A321 Series Airplanes [Docket No. H.R. 3421. A bill to provide adequate school Means. 2000–NM–413–AD; Amendment 39–12652; AD facilities within Yosemite National Park, By Mr. BECERRA: 2002–03–11] (RIN: 2120–AA64) received March and for other purposes; with an amendment H.R. 4239. A bill to extend the temporary 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to (Rept. 107–410 Pt. 1). Referred to the Com- suspension of duty on [4R-[3(2S,3S),4R]]-3-[2- the Committee on Transportation and Infra- mittee of the Whole House on the State of Hy-droxy-3-[(3-hydroxy-2-methyl-b structure. the Union. enzoyl)amino]-1-oxo-4-phenylbutyl]-5,5-di- 6208. A letter from the Program Analyst, Mrs. MYRICK: Committee on Rules. House methyl-N-](2-methyl penyl)-methyl]-4- FAA, Department of Transportation, trans- Resolution 388. Resolution providing for con- thiazolidine-carboxamide; to the Committee mitting the Department’s final rule—Air- sideration of the bill (H.R. 476) to amend on Ways and Means. worthiness Directives; BAE Systems (Oper- title 18, United States Code, to prohibit tak- By Mr. BECERRA: ations) Limited Model BAe 146 Series Air- ing minors across State lines in circumven- H.R. 4240. A bill to extend the temporary planes and Model Avro 146–RJ Series Air- tion of laws requiring the involvement of suspension of duty on (2E,4S)-4-(((2R,5S)-2- planes [Docket No. 2000–NM–266–AD; Amend- parents in abortion decisions (Rept. 107–411). ((4-Fluorophenyl)-methyl)-6-methyl-5-( (5- ment 39–12651; AD 2002–03–10] (RIN: 2120– Referred to the House Calendar. methyl-3-isoxazolyl)-carbonyl y)amino)-1,4- AA64) received March 22, 2002, pursuant to 5 dioxoheptyl)-amino)-5-((3S)-2-oxo-3- DISCHARGE OF COMMITTEE U.S.C. 801(a)(1)(A); to the Committee on pyrrolidiny l)-2-pentenoic acid, ethyl ester; Transportation and Infrastructure. Pursuant to clause 2 of rule XII, the to the Committee on Ways and Means. 6209. A letter from the Program Analyst, Committee on Education and the By Mr. BECERRA: FAA, Department of Transportation, trans- Workforce discharged from further H.R. 4241. A bill to suspend temporarily the mitting the Department’s final rule—Air- consideration. H.R. 3421 referred to the duty on 1H-imidazole,4-(1-methylethyl)-2- H1334 CONGRESSIONAL RECORD — HOUSE April 16, 2002 [(phenylmethoxy)methyl]-(9C 1); to the Com- By Mr. COBLE: H.R. 4281. A bill to suspend temporarily the mittee on Ways and Means. H.R. 4261. A bill to suspend temporarily the duty on Chemical RH water-based (iron tol- By Mr. BECERRA: duty on Difenoconazole; to the Committee uene sulfanate); to the Committee on Ways H.R. 4242. A bill to suspend temporarily the on Ways and Means. and Means. duty on Benzamide, N-methyl-2-[[3-[(1E)-2-(2- By Mr. COX: By Mr. DEMINT (for himself and Mrs. pyridinyl—ethenyl]-1H-indazol-6- yl)thio]-; H.R. 4262. A bill to suspend temporarily the MYRICK): to the Committee on Ways and Means. duty on certain refracting and reflecting H.R. 4282. A bill to suspend temporarily the By Mr. BECERRA: telescopes; to the Committee on Ways and duty on Chemical NR Ethanol-based (iron H.R. 4243. A bill to suspend temporarily the Means. toluene sulfanate); to the Committee on duty on 1(2H)-Quinolinecarboxylic acid, 4- By Mr. COYNE: Ways and Means. [[[3,5-bis(trifluoromethyl)phenyl] meth- H.R. 4263. A bill to extend the temporary By Mr. DEMINT (for himself and Mrs. yl](methoxycarbonyl)amino]-2-ethyl- 3,4- suspension of duty on Baytron M; to the MYRICK): dihydro-6-(trifluoromethyl)-, ethyl ester, Committee on Ways and Means. H.R. 4283. A bill to suspend temporarily the (2R,4S)-(9CI); to the Committee on Ways and By Mr. COYNE: duty on tantalum top/bottom inner shield, Means. H.R. 4264. A bill to extend the temporary tantalum pan, tantalum crucibles, tantalum By Mr. BECERRA: suspension of duty on Baytron P; to the rod, and tantalum wire; to the Committee on H.R. 4244. A bill to suspend temporarily the Committee on Ways and Means. Ways and Means. duty on Disulfide,bis(3,5- By Mr. COYNE: By Mr. DEMINT (for himself and Mrs. dichlorophenyl)(9C1); to the Committee on H.R. 4265. A bill to extend the temporary MYRICK): Ways and Means. suspension of duty on certain ion-exchange H.R. 4284. A bill to suspend temporarily the By Mr. BECERRA: resins; to the Committee on Ways and duty on tantalum capacitor ink; to the Com- H.R. 4245. A bill to suspend temporarily the mittee on Ways and Means. duty on Pyridine,4-[[4-(1-methylethyl)-2- Means. By Mr. COYNE: By Mr. DEMINT: [(phenylmethoxy)methyl]-1H- midazol-1-yl] H.R. 4285. A bill to suspend temporarily the methyl]- ethanedioate (1:2); to the Com- H.R. 4266. A bill to extend the temporary suspension of duty on Thionyl Chloride; to duty on certain cultured crystals; to the mittee on Ways and Means. Committee on Ways and Means. By Mr. BECERRA: the Committee on Ways and Means. By Mr. COYNE: By Mr. DEMINT: H.R. 4246. A bill to suspend temporarily the H.R. 4286. A bill to suspend temporarily the duty on 1H-Pyrazole-5-carboxamide,N-[2- H.R. 4267. A bill to extend the temporary suspension of duty on DEMT; to the Com- duty on certain manufacturing equipment; fluoro-5-[[3-[(1E)-2-(2-pyrid inyl)ethenyl]-1H- to the Committee on Ways and Means. indazol-6-yl]amino]phenyl]1,3-dimethyl-; to mittee on Ways and Means. By Mr. COYNE: By Mr. DEMINT: the Committee on Ways and Means. H.R. 4287. A bill to suspend temporarily the By Mr. BECERRA: H.R. 4268. A bill to extend the temporary suspension of duty on PHBA (p- duty on certain manufacturing equipment; H.R. 4247. A bill to suspend temporarily the to the Committee on Ways and Means. duty on 1H-imidazole-2-methanol,5-[(3,5- hydroxybenzoic acid); to the Committee on By Mr. DEMINT (for himself and Mrs. dichlorophenyl)thio]-4-(1-me hlethyl)-1-(4- Ways and Means. By Mr. COYNE: MYRICK): pyridinylmethyl)-(9C1); to the Committee on H.R. 4288. A bill to suspend temporarily the Ways and Means. H.R. 4269. A bill to extend the temporary suspension of duty on Iminodisuccinate; to duty on nickel powder; to the Committee on By Mr. COBLE: Ways and Means. H.R. 4248. A bill to suspend temporarily the the Committee on Ways and Means. By Mr. COYNE: By Mr. DEMINT: duty on Paclobutrazole Technical; to the H.R. 4289. A bill to suspend temporarily the H.R. 4270. A bill to extend the temporary Committee on Ways and Means. duty on certain manufacturing equipment; suspension of duty on Mesamoll; to the Com- By Mr. COBLE: to the Committee on Ways and Means. H.R. 4249. A bill to suspend temporarily the mittee on Ways and Means. By Mr. DEMINT: duty on Paclobutrazole 2SC; to the Com- By Mr. COYNE: H.R. 4290. A bill to provide for the liquida- H.R. 4271. A bill to extend the temporary mittee on Ways and Means. tion or reliquidation of certain entries of suspension of duty on Baytron C-R; to the By Mr. COBLE: certain manufacturing equipment; to the H.R. 4250. A bill to suspend temporarily the Committee on Ways and Means. Committee on Ways and Means. duty on Methidathion Technical; to the By Mr. COYNE: By Mr. DEMINT: Committee on Ways and Means. H.R. 4272. A bill to extend the temporary H.R. 4291. A bill to suspend temporarily the By Mr. COBLE: suspension of duty on ortho-phenylphenol duty on certain manufacturing equipment; H.R. 4251. A bill to suspend temporarily the (OPP); to the Committee on Ways and to the Committee on Ways and Means. duty on Vanguard 75 WDG; to the Committee Means. on Ways and Means. By Mr. DEMINT: By Mr. COYNE (for himself and Mr. H.R. 4292. A bill to provide for the liquida- By Mr. COBLE: HOLDEN): H.R. 4252. A bill to suspend temporarily the tion or reliquidation of certain entries of H.R. 4273. A bill to extend the temporary certain manufacturing equipment; to the duty on WAKIL XL; to the Committee on suspension of duty on 11-Aminoundecanoic Ways and Means. Committee on Ways and Means. acid; to the Committee on Ways and Means. By Mr. DEMINT: By Mr. COBLE: By Mr. COYNE: H.R. 4253. A bill to suspend temporarily the H.R. 4293. A bill to suspend temporarily the H.R. 4274. A bill to extend the suspension of duty on certain manufacturing equipment; duty on Oxasulfuron Technical; to the Com- duty on Vulkalent E/C; to the Committee on mittee on Ways and Means. to the Committee on Ways and Means. Ways and Means. By Mr. DEMINT: By Mr. COBLE: By Mr. COYNE: H.R. 4254. A bill to suspend temporarily the H.R. 4294. A bill to provide for the liquida- H.R. 4275. A bill to suspend temporarily the tion or reliquidation of certain entries of duty on Mucochloric Acid; to the Committee duty on Phenylisocyanate; to the Committee on Ways and Means. certain manufacturing equipment; to the on Ways and Means. Committee on Ways and Means. By Mr. COBLE: By Mr. COYNE: H.R. 4255. A bill to suspend temporarily the By Mr. DEMINT: H.R. 4276. A bill to suspend temporarily the duty on Azoxystrobin Technical; to the Com- H.R. 4295. A bill to suspend temporarily the duty on Bayowet FT-248; to the Committee mittee on Ways and Means. duty on certain manufacturing equipment; on Ways and Means. By Mr. COBLE: to the Committee on Ways and Means. H.R. 4256. A bill to suspend temporarily the By Mr. COYNE: By Mr. DEMINT (for himself and Mrs. duty on Flumetralin Technical; to the Com- H.R. 4277. A bill to suspend temporarily the MYRICK): mittee on Ways and Means. duty on APEC 1745; to the Committee on H.R. 4296. A bill to suspend temporarily the By Mr. COBLE: Ways and Means. duty on barium titanate; to the Committee H.R. 4257. A bill to suspend temporarily the By Mr. COYNE: on Ways and Means. duty on Cyprodinil Technical; to the Com- H.R. 4278. A bill to suspend temporarily the By Mr. DEMINT (for himself and Mrs. mittee on Ways and Means. duty on P-Phenylphenol; to the Committee MYRICK): By Mr. COBLE: on Ways and Means. H.R. 4297. A bill to suspend temporarily the H.R. 4258. A bill to suspend temporarily the By Mr. CRANE: duty on thermal release plastic film; to the duty on Mixtures of Lambda-Cyhalothrin; to H.R. 4279. A bill to suspend temporarily the Committee on Ways and Means. the Committee on Ways and Means. duty on certain rubber riding boots; to the By Mr. DEMINT (for himself and Mrs. By Mr. COBLE: Committee on Ways and Means. MYRICK): H.R. 4259. A bill to suspend temporarily the By Mr. DEMINT (for himself and Mrs. H.R. 4298. A bill to suspend temporarily the duty on Primisulfuron; to the Committee on MYRICK): duty on certain formulated silver paints and Ways and Means. H.R. 4280. A bill to suspend temporarily the pastes to coat tantalum anodes colloidal pre- By Mr. COBLE: duty on aluminum etched foil; to the Com- cious metals; to the Committee on Ways and H.R. 4260. A bill to suspend temporarily the mittee on Ways and Means. Means. duty on 1,2 Cyclohexanedione; to the Com- By Mr. DEMINT (for himself and Mrs. By Mr. DEMINT (for himself and Mrs. mittee on Ways and Means. MYRICK): MYRICK): April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1335

H.R. 4299. A bill to suspend temporarily the By Mr. HOLDEN: By Mr. LAHOOD: duty on polymer masking material for alu- H.R. 4319. A bill to suspend temporarily the H.R. 4334. A bill to suspend temporarily the minum capacitors (UPICOAT); to the Com- duty on p-Aminoazobenzene 4 sulfonic acid; duty on certain visual signaling equipment; mittee on Ways and Means. to the Committee on Ways and Means. to the Committee on Ways and Means. By Mr. ENGLISH: By Mr. HOLDEN: By Mr. LAHOOD: H.R. 4300. A bill to suspend temporarily the H.R. 4320. A bill to suspend temporarily the H.R. 4335. A bill to suspend temporarily the duty on standard grade ferroniobium; to the duty on 3-[(4 Amino-3-Methoxyphenyl) Azo]- duty on certain machinery parts; to the Committee on Ways and Means. benzene sulfonic acid, monosodium salt; to Committee on Ways and Means. By Mr. ENGLISH: the Committee on Ways and Means. By Mr. LAHOOD: H.R. 4301. A bill to suspend temporarily the By Mr. HOLT: H.R. 4336. A bill to suspend temporarily the duty on a certain chemical; to the Com- H.R. 4321. A bill to extend the temporary duty on certain parts of gearing, gear boxes, mittee on Ways and Means. suspension of duty on R115777; to the Com- and other speed changers; to the Committee By Mr. ENGLISH: mittee on Ways and Means. on Ways and Means. H.R. 4302. A bill to suspend temporarily the By Mr. HOLT: By Mr. LAHOOD: duty on a certain chemical; to the Com- H.R. 4322. A bill to suspend temporarily the H.R. 4337. A bill to suspend temporarily the mittee on Ways and Means. duty on ET–743; to the Committee on Ways duty on parts of fuel-injection pumps for By Mr. ENGLISH: and Means. compression-ignition engines; to the Com- H.R. 4303. A bill to suspend temporarily the By Mr. HOLT: mittee on Ways and Means. duty on a certain chemical; to the Com- H.R. 4323. A bill to extend the temporary By Mr. LAHOOD: mittee on Ways and Means. suspension of duty on Imazalil; to the Com- H.R. 4338. A bill to suspend temporarily the mittee on Ways and Means. By Mr. ENGLISH: duty on certain lubricating pumps; to the H.R. 4304. A bill to suspend temporarily the By Mr. HOLT: Committee on Ways and Means. H.R. 4324. A bill to extend the temporary duty on a certain chemical; to the Com- By Mr. LAHOOD: suspension of duty on Norbloc 7966; to the mittee on Ways and Means. H.R. 4339. A bill to suspend temporarily the Committee on Ways and Means. By Mr. ENGLISH: duty on fuel-injection pumps for compres- By Mr. HOLT: H.R. 4305. A bill to suspend temporarily the sion ignition engines; to the Committee on H.R. 4325. A bill to extend the temporary Ways and Means. duty on a certain chemical; to the Com- suspension of duty on Fungaflor 500 EC; to mittee on Ways and Means. By Mr. LAHOOD: the Committee on Ways and Means. H.R. 4340. A bill to suspend temporarily the By Mr. ENGLISH: By Mr. HOLT: H.R. 4306. A bill to suspend temporarily the duty on certain engine parts; to the Com- H.R. 4326. A bill to suspend until December mittee on Ways and Means. duty on a certain chemical; to the Com- 31, 2006, the duty on Benzenepropanal, 4-(1,1- mittee on Ways and Means. By Mr. LAHOOD: Dimethylethyl)-Alpha-Methyl-; to the Com- H.R. 4341. A bill to suspend temporarily the By Mr. HASTINGS of Washington: mittee on Ways and Means. H.R. 4307. A bill to extend temporary sus- duty on certain engine parts; to the Com- By Mrs. KELLY: mittee on Ways and Means. pension of duty with respect to H.R. 4327. A bill to suspend temporarily the Ethofumesate; to the Committee on Ways By Mr. LAHOOD: duty on 2,7-Naphthalenedisulfonic acid, 5-[[4- H.R. 4342. A bill to suspend temporarily the and Means. chloro-6-[[2-[[4-fluoro-6-[[5-hydroxy-6-[(4- duty on certain compression-ignition inter- By Mr. HASTINGS of Washington: methoxy-2- sulfophenyl)azo]-7-sulfo-2- H.R. 4308. A bill to extend the temporary nal combustion piston engines; to the Com- naphthalenyl]amino]-1,3,5-triazin 2-yl] mittee on Ways and Means. suspension of duty with respect to amino]-1-methylethyl]amino]-1,3,5-triazin-2- Desmedipham; to the Committee on Ways By Mr. LAHOOD: yl]amino]-3-[[4- H.R. 4343. A bill to suspend temporarily the and Means. (ethenylsulfonyl)phenyl]azo]-4-hydrox’-, so- duty on marine propulsion engines; to the By Mr. HASTINGS of Washington: dium salt; to the Committee on Ways and Committee on Ways and Means. H.R. 4309. A bill to extend the temporary Means. By Mr. LAHOOD: suspension of duty with respect to By Mrs. KELLY: H.R. 4344. A bill to suspend temporarily the Phenmedipham; to the Committee on Ways H.R. 4328. A bill to suspend temporarily the duty on certain tubes, pipes, and hoses; to and Means. duty on 1,5-Naphthalenedisulfonic acid, 3-[[2- the Committee on Ways and Means. By Mr. HASTINGS of Washington: (acetylamino)-4-[[4-[[2-[2- By Mr. LAHOOD: H.R. 4310. A bill to extend the temporary (ethenylsulfonyl)ethoxy]eth yl]amino]-6- H.R. 4345. A bill to suspend temporarily the suspension of duty with respect to Diclofop fluoro-1,3,5-triazin-2-yl]amino]phenyl]azo]-, duty on certain tubes, pipes, and hoses; to methyl; to the Committee on Ways and disodium salt; to the Committee on Ways the Committee on Ways and Means. Means. and Means. By Mr. LAMPSON: By Mr. HASTINGS of Washington: By Mrs. KELLY: H.R. 4346. A bill to suspend temporarily the H.R. 4311. A bill to suspend temporarily the H.R. 4329. A bill to suspend temporarily the duty on PTFMBA; to the Committee on duty on endosulfan; to the Committee on duty on 7,7’-[1.3-propanediylbis[imino(6- Ways and Means. Ways and Means. fluoro-1,3,5-triazine-4,2-d iyl)imino[2- By Mr. LAMPSON: By Mr. HAYES: [(aminocarbonyl)amino]-4,1-phen- H.R. 4347. A bill to suspend temporarily the H.R. 4312. A bill to provide emergency agri- ylene]azo]]bis-, sodium salt; to the Com- duty on difluoroaniline; to the Committee on cultural assistance to producers of the 2002 mittee on Ways and Means. Ways and Means. crop of certain agricultural commodities; to By Mrs. KELLY: By Mr. LANGEVIN: the Committee on Agriculture. H.R. 4330. A bill to suspend temporarily the H.R. 4348. A bill to extend the temporary By Mr. HOLDEN: duty on Cuprate(3-), [2-[[[[3-[[4-[[2-[2- suspension of duty on Solvent Blue 124; to H.R. 4313. A bill to suspend temporarily the (ethenylsulfonyl)ethoxy]ethyl]amino]-6- the Committee on Ways and Means. duty on 3-[(4 Amino-3-Methoxyphenyl) Azo]- fluoro-1,3,5-triazin- 2-yl]amino]-2-(hydroxy- By Mr. LANGEVIN: benzene sulfonic acid; to the Committee on .kappa.O)-5-sulfophenyl]azo-.kappa.N2 H.R. 4349. A bill to extend the temporary Ways and Means. ]phenylmethyl]azo-.kappa.N1]-4- suspension of duty on 4-Amino-2,5- By Mr. HOLDEN: sulfobenzoato(5-)-.kappa.O], trisodium; to dimethoxy-N-phenylbenzene sulfonamide; to H.R. 4314. A bill to suspend temporarily the the Committee on Ways and Means. the Committee on Ways and Means. duty on 2-Methyl-5-nitrobenzenesulfonic By Mrs. KELLY: By Mr. LANGEVIN: acid; to the Committee on Ways and Means. H.R. 4331. A bill to suspend temporarily the H.R. 4350. A bill to extend the temporary By Mr. HOLDEN: duty on 1,5-Naphthalenedisulfonic acid, 2-[[8- suspension of duty on Solvent Blue 104; to H.R. 4315. A bill to suspend temporarily the [[4-[[3-[[[2- the Committee on Ways and Means. duty on 2 Amino 6 Nitro Phenol 4 sulfonic (ethenylsulfonyl)ethyl]amino]carbonyl]phe By Mr. LANGEVIN: acid; to the Committee on Ways and Means. ny]amino]-6-fluoro-1,3,5-triazin-2-yl]amino]- H.R. 4351. A bill to extend the temporary By Mr. HOLDEN: 1-hydroxy-3,6-d isulfo-2-naphthalenyl]azo]-, suspension of duty on Pigment Yellow 154; to H.R. 4316. A bill to suspend temporarily the tetrasodium salt; to the Committee on Ways the Committee on Ways and Means. duty on 2 Amino 5 sulfobenzoic acid; to the and Means. By Mr. LANGEVIN: Committee on Ways and Means. By Mr. KING: H.R. 4352. A bill to extend the temporary By Mr. HOLDEN: H.R. 4332. A bill to designate the facility of suspension of duty on Pigment Yellow 175; to H.R. 4317. A bill to suspend temporarily the the United States Postal Service located at the Committee on Ways and Means. duty on 2,5 bis [(1,3 Dioxobutyl) Amino] ben- 80 Killian Road in Massapequa, New York, as By Mr. LANGEVIN: zene sulfonic acid; to the Committee on the ‘‘Gerard A. Fiorenza Post Office Build- H.R. 4353. A bill to extend the temporary Ways and Means. ing’’; to the Committee on Government Re- suspension of duty on Pigment Red 208; to By Mr. HOLDEN: form. the Committee on Ways and Means. H.R. 4318. A bill to suspend temporarily the By Mr. LAHOOD: By Mr. LANGEVIN: duty on p-Aminoazobenzene 4 sulfonic acid, H.R. 4333. A bill to suspend temporarily the H.R. 4354. A bill to extend the temporary monosodium salt; to the Committee on Ways duty on certain certain wheel rims; to the suspension of duty on Pigment Red 187; to and Means. Committee on Ways and Means. the Committee on Ways and Means. H1336 CONGRESSIONAL RECORD — HOUSE April 16, 2002 By Mr. LANGEVIN: H.R. 4371. A bill to suspend temporarily the By Mrs. MYRICK: H.R. 4355. A bill to extend the temporary duty on Methoxy Methyl Triazolone; to the H.R. 4390. A bill to suspend temporarily the suspension of duty on Pigment Red 185; to Committee on Ways and Means. duty on Fast Navy Salt RA; to the Com- the Committee on Ways and Means. By Ms. MCCARTHY of Missouri (for mittee on Ways and Means. By Mr. LANGEVIN: herself, Mr. SKELTON, and Mr. By Mrs. MYRICK: H.R. 4356. A bill to suspend temporarily the GRAVES): H.R. 4391. A bill to suspend temporarily the duty on benzoic acid, 2-amino-4-[[(2,5- H.R. 4372. A bill to reduce temporarily the duty on Levafix Royal Blue E-FR; to the dichlorophenyl)amino]carbonyl]-, methyl duty on MKH 6562 Isocyanate; to the Com- Committee on Ways and Means. ester; to the Committee on Ways and Means. mittee on Ways and Means. By Mrs. MYRICK: By Mr. LANGEVIN: By Mr. MCDERMOTT (for himself, Mr. H.R. 4392. A bill to suspend temporarily the H.R. 4357. A bill to suspend temporarily the WYNN, Mrs. CHRISTENSEN, Ms. KAP- duty on p-Chloro aniline; to the Committee duty on Pigment Red 176; to the Committee TUR, Mr. FROST, Mr. GEORGE MILLER on Ways and Means. on Ways and Means. of California, Mr. BONIOR, Mr. STARK, By Mrs. MYRICK: H.R. 4393. A bill to suspend temporarily the By Mr. LANGEVIN: Mr. KUCINICH, Ms. LEE, Mr. UDALL of duty on esters and sodium esters of H.R. 4358. A bill to suspend temporarily the New Mexico, Mr. JACKSON of Illinois, Parahydroxybenzoic Acid; to the Committee duty on p-amino benzamide; to the Com- Mr. ACEVEDO-VILA´ , and Mrs. MINK of on Ways and Means. mittee on Ways and Means. Hawaii): By Mr. LANGEVIN: H.R. 4373. A bill to amend the Federal Un- By Mr. NADLER: H.R. 4394. A bill to amend the Internal Rev- H.R. 4359. A bill to suspend temporarily the employment Tax Act and the Social Security enue Code of 1986 to provide for regional cost duty on Pigment Yellow 214; to the Com- Act to modernize the unemployment insur- of living adjustments; to the Committee on mittee on Ways and Means. ance system, and for other purposes; to the Ways and Means. By Mr. LANGEVIN: Committee on Ways and Means. By Mr. NEAL of Massachusetts (for H.R. 4360. A bill to suspend temporarily the By Mr. MEEKS of New York (for him- himself and Mr. AKIN): duty on Pigment Yellow 180; to the Com- self and Mr. FOLEY): H.R. 4395. A bill to suspend temporarily the mittee on Ways and Means. H.R. 4374. A bill to amend the Internal Rev- duty on a certain chemical used in industrial By Ms. MCCARTHY of Missouri (for enue Code of 1986 to clarify the treatment of coatings formulation; to the Committee on herself, Mr. SKELTON, and Mr. frequent flyer mileage awards; to the Com- Ways and Means. GRAVES): mittee on Ways and Means. By Mr. NEAL of Massachusetts (for H.R. 4361. A bill to reduce temporarily the By Mrs. MYRICK: himself and Mr. AKIN): duty on Imidacloprid pesticides; to the Com- H.R. 4375. A bill to suspend temporarily the H.R. 4396. A bill to suspend temporarily the mittee on Ways and Means. duty on Levafix Golden Yellow E-G; to the duty on a certain chemical used in industrial By Ms. MCCARTHY of Missouri (for Committee on Ways and Means. coatings formulation; to the Committee on herself, Mr. SKELTON, and Mr. By Mrs. MYRICK: Ways and Means. GRAVES): H.R. 4376. A bill to suspend temporarily the By Mr. NEAL of Massachusetts (for H.R. 4362. A bill to reduce temporarily the duty on Levafix Blue CA/Remazol Blue CA; himself and Mr. AKIN): duty on FOE Hydroxy; to the Committee on to the Committee on Ways and Means. H.R. 4397. A bill to suspend temporarily the Ways and Means. By Mrs. MYRICK: duty on a certain chemical used in industrial By Ms. MCCARTHY of Missouri (for H.R. 4377. A bill to suspend temporarily the coatings formulation; to the Committee on herself, Mr. SKELTON, and Mr. duty on Remazol Yellow RR Gran; to the Ways and Means. GRAVES): Committee on Ways and Means. By Mr. NEAL of Massachusetts (for H.R. 4363. A bill to reduce temporarily the By Mrs. MYRICK: himself and Mr. AKIN): duty on Alkylketone; to the Committee on H.R. 4378. A bill to suspend temporarily the H.R. 4398. A bill to suspend temporarily the Ways and Means. duty on Indanthren Blue CLF; to the Com- duty on a certain chemical used in industrial By Ms. MCCARTHY of Missouri (for mittee on Ways and Means. coatings formulation; to the Committee on herself, Mr. SKELTON, and Mr. By Mrs. MYRICK: Ways and Means. GRAVES): H.R. 4379. A bill to extend the temporary By Mr. NEAL of Massachusetts (for H.R. 4364. A bill to reduce temporarily the suspension of duty on Sodium petroleum himself and Mr. AKIN): duty on Beta-cyfluthrin; to the Committee sulfonate; to the Committee on Ways and H.R. 4399. A bill to suspend temporarily the on Ways and Means. Means. duty on a certain chemical used in industrial By Ms. MCCARTHY of Missouri (for By Mrs. MYRICK: coatings formulation; to the Committee on H.R. 4380. A bill to suspend temporarily the herself, Mr. SKELTON, and Mr. Ways and Means. duty on Chloroacetic acid; to the Committee GRAVES): By Mr. NEAL of Massachusetts (for H.R. 4365. A bill to suspend temporarily the on Ways and Means. himself and Mr. AKIN): duty on Imidacloprid Technical; to the Com- By Mrs. MYRICK: H.R. 4400. A bill to suspend temporarily the H.R. 4381. A bill to suspend temporarily the mittee on Ways and Means. duty on a certain chemical used in industrial duty on Indanthren Yellow F3GC; to the By Ms. MCCARTHY of Missouri (for coatings formulation; to the Committee on Committee on Ways and Means. herself, Mr. SKELTON, and Mr. Ways and Means. By Mrs. MYRICK: GRAVES): By Mr. NETHERCUTT: H.R. 4382. A bill to suspend temporarily the H.R. 4366. A bill to suspend temporarily the H.R. 4401. A bill to suspend temporarily the duty on Acetyl Chloride; to the Committee duty on Bayleton Technical; to the Com- duty on RWJ 241947; to the Committee on on Ways and Means. mittee on Ways and Means. Ways and Means. By Mrs. MYRICK: By Ms. MCCARTHY of Missouri (for By Mr. NETHERCUTT: H.R. 4383. A bill to suspend temporarily the H.R. 4402. A bill to suspend temporarily the herself, Mr. SKELTON, and Mr. duty on 4-Methoxy-phenacychloride; to the duty on RWJ 394718; to the Committee on GRAVES): Committee on Ways and Means. H.R. 4367. A bill to suspend temporarily the Ways and Means. By Mrs. MYRICK: duty on Propoxur Technical; to the Com- By Mr. NETHERCUTT: H.R. 4384. A bill to suspend temporarily the H.R. 4403. A bill to suspend temporarily the mittee on Ways and Means. duty on 3-Methoxy-thiophenol; to the Com- duty on RWJ 394720; to the Committee on By Ms. MCCARTHY of Missouri (for mittee on Ways and Means. Ways and Means. herself, Mr. SKELTON, and Mr. By Mrs. MYRICK: By Mr. NUSSLE: GRAVES): H.R. 4385. A bill to suspend temporarily the H.R. 4404. A bill to amend the Harmonized H.R. 4368. A bill to suspend temporarily the duty on Levafix Brilliant Red E-6BA; to the Tariff Schedule of the United States to pro- duty on MKH 6561 Isocyanate; to the Com- Committee on Ways and Means. vide duty-free treatment for certain log for- mittee on Ways and Means. By Mrs. MYRICK: warders used as motor vehicles for the trans- By Ms. MCCARTHY of Missouri (for H.R. 4386. A bill to extend the temporary port of goods; to the Committee on Ways and herself, Mr. SKELTON, and Mr. suspension of duty on Isobornyl Acetate; to Means. GRAVES): the Committee on Ways and Means. By Mr. PENCE: H.R. 4369. A bill to suspend temporarily the By Mrs. MYRICK: H.R. 4405. A bill to extend the temporary duty on Propoxy Methyl Triazolone; to the H.R. 4387. A bill to suspend temporarily the suspension of duty on diethyl Committee on Ways and Means. duty on 2,4-xylidine; to the Committee on phosphorochidothioate; to the Committee on By Ms. MCCARTHY of Missouri (for Ways and Means. Ways and Means. herself, Mr. SKELTON, and Mr. By Mrs. MYRICK: By Mr. PENCE: GRAVES): H.R. 4388. A bill to extend the temporary H.R. 4406. A bill to suspend temporarily the H.R. 4370. A bill to suspend temporarily the suspension of duty on certain TAED chemi- duty on 3,4-DCBN; to the Committee on duty on Nemacur VL; to the Committee on cals; to the Committee on Ways and Means. Ways and Means. Ways and Means. By Mrs. MYRICK: By Mr. PENCE: By Ms. MCCARTHY of Missouri (for H.R. 4389. A bill to suspend temporarily the H.R. 4407. A bill to extend the temporary herself, Mr. SKELTON, and Mr. duty on Remazol Br. Blue BB 133%; to the suspension of duty on 2,6-dichloroaniline; to GRAVES): Committee on Ways and Means. the Committee on Ways and Means. April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1337 By Mr. PENCE: By Mr. PENCE: the Federal Government, including the H.R. 4408. A bill to suspend temporarily the H.R. 4430. A bill to extend the temporary downpayment assistance initiative under the duty on Cyhalofop; to the Committee on suspension of duty on quinoline; to the Com- HOME Investment Partnerships Act, and for Ways and Means. mittee on Ways and Means. other purposes; to the Committee on Finan- By Mr. PENCE: By Mr. PENCE: cial Services. H.R. 4409. A bill to extend the temporary H.R. 4431. A bill to extend the temporary By Mrs. ROUKEMA (for herself, Mr. suspension of duty on benfluralin; to the suspension of duty on 2-Phenylphenol; to the ROTHMAN, and Mr. DOOLEY of Cali- Committee on Ways and Means. Committee on Ways and Means. fornia): By Mr. PENCE: By Mr. PENCE: H.R. 4447. A bill to suspend temporarily the H.R. 4410. A bill to extend the temporary H.R. 4432. A bill to extend the temporary duty on certain prepared or preserved arti- suspension of duty on 1,3-diethyl-2- suspension of duty on tebufenozide; to the chokes, not frozen; to the Committee on imidazolidinone; to the Committee on Ways Committee on Ways and Means. Ways and Means. and Means. By Mr. PENCE: By Mrs. ROUKEMA (for herself, Mr. By Mr. PENCE: H.R. 4433. A bill to extend the temporary ROTHMAN, and Mr. DOOLEY of Cali- H.R. 4411. A bill to suspend temporarily the suspension of duty on 3-amino-5-mercapto- fornia): duty on ethalfluralin; to the Committee on 1,2,4-triazole; to the Committee on Ways and H.R. 4448. A bill to suspend temporarily the Ways and Means. Means. duty on certain prepared or preserved arti- By Mr. PENCE: By Mr. PENCE: chokes; to the Committee on Ways and H.R. 4412. A bill to extend the temporary H.R. 4434. A bill to suspend temporarily the Means. suspension of duty on diphenyl sulfide; to duty on Gallery; to the Committee on Ways By Mr. SIMMONS: the Committee on Ways and Means. and Means. H.R. 4449. A bill to suspend temporarily the By Mr. PENCE: By Mr. PENCE: duty on combed cashmere and camel hair H.R. 4413. A bill to suspend temporarily the H.R. 4435. A bill to extend the temporary yarn; to the Committee on Ways and Means. duty on Asulam; to the Committee on Ways suspension of duty on 4,4-dimethoxy-2-buta- By Mr. SIMMONS: and Means. none; to the Committee on Ways and Means. H.R. 4450. A bill to suspend temporarily the By Mr. PENCE: By Mr. PENCE: duty on carded cashmere yarn of 6 run or H.R. 4414. A bill to suspend temporarily the H.R. 4436. A bill to extend the temporary finer; to the Committee on Ways and Means. duty on 2-methyl-4-chlorophenoxyacetic suspension of duty on Fenbuconazole; to the By Mr. STRICKLAND (for himself and acid; to the Committee on Ways and Means. Committee on Ways and Means. Mr. NEY): By Mr. PENCE: By Mr. PENCE: H.R. 4451. A bill to amend the Harmonized H.R. 4415. A bill to suspend temporarily the H.R. 4437. A bill to extend the temporary Tariff Schedule of the United States to pro- duty on Florasulam; to the Committee on suspension of duty on Diiodomethyl-p- vide separate subheadings for low-energy Ways and Means. tolylsulfone; to the Committee on Ways and magnets and articles containing magnets By Mr. PENCE: Means. and to create additional U.S. notes explain- H.R. 4416. A bill to extend the temporary By Mr. PENCE: ing the tariff classification of low-energy suspension of duty on DMDS; to the Com- H.R. 4438. A bill to suspend temporarily the magnets and articles containing magnets; to mittee on Ways and Means. duty on trifluralin; to the Committee on the Committee on Ways and Means. By Mr. PENCE: Ways and Means. By Mr. WATKINS (for himself and Mr. H.R. 4417. A bill to suspend temporarily the By Mr. PETERSON of Pennsylvania: POMEROY): duty on Propanil; to the Committee on Ways H.R. 4439. A bill to suspend temporarily the H.R. 4452. A bill to amend title XVIII to and Means. duty on certain polyamides; to the Com- provide for a 5-year extension of the author- By Mr. PENCE: mittee on Ways and Means. ization for appropriations for certain Medi- H.R. 4418. A bill to extend the temporary By Mr. PETRI: care rural grants; to the Committee on Ways suspension of duty on Methoxyfenozide; to H.R. 4440. A bill to suspend temporarily the and Means. the Committee on Ways and Means. duty on fixed-ratio gear changers for truck- By Mr. WILSON of South Carolina: By Mr. PENCE: mounted concrete mixers; to the Committee H.R. 4453. A bill to suspend temporarily the H.R. 4419. A bill to extend the temporary on Ways and Means. duty on Sulfur Black 1; to the Committee on suspension of duty on halofenozide; to the By Mr. POMBO: Ways and Means. Committee on Ways and Means. H.R. 4441. A bill to reduce the duty on cer- By Mr. WILSON of South Carolina: By Mr. PENCE: tain straw hats; to the Committee on Ways H.R. 4454. A bill to suspend temporarily the H.R. 4420. A bill to suspend temporarily the and Means. duty on Reduced Vat Blue 43; to the Com- duty on Myclobutanil; to the Committee on By Ms. PRYCE of Ohio (for herself and Ways and Means. mittee on Ways and Means. Mr. TIBERI): By Mr. PENCE: By Mr. WILSON of South Carolina: H.R. 4442. A bill to suspend temporarily the H.R. 4455. A bill to suspend temporarily the H.R. 4421. A bill to extend the temporary duty on certain necks used in cathode ray suspension of duty on Starane F; to the Com- duty on Fluorobenzene; to the Committee on tubes; to the Committee on Ways and Means. Ways and Means. mittee on Ways and Means. By Mr. RANGEL: By Mr. PENCE: By Mr. WILSON of South Carolina: H.R. 4443. A bill to suspend temporarily the H.R. 4456. A bill to extend the suspension of H.R. 4422. A bill to suspend temporarily the duty on polytetramethylene ether glycol; to duty on Ortho-phthalaldehyde; to the Com- duty on Propiophenone; to the Committee on the Committee on Ways and Means. Ways and Means. mittee on Ways and Means. By Mr. RANGEL: By Mr. PENCE: By Mr. WILSON of South Carolina: H.R. 4444. A bill to suspend temporarily the H.R. 4457. A bill to extend the suspension of H.R. 4423. A bill to extend the temporary duty on magnesium aluminum hydroxide suspension of duty on Triazamate; to the duty on Meta-chlorobenzaldehyde; to the carbonate hydrate; to the Committee on Committee on Ways and Means. Committee on Ways and Means. Ways and Means. By Mr. PENCE: By Mr. WILSON of South Carolina: By Mr. RANGEL: H.R. 4424. A bill to suspend temporarily the H.R. 4458. A bill to extend the suspension of H.R. 4445. A bill to suspend temporarily the duty on trans 1,3-dichloropentene; to the duty on 4-bromo-2-fluoroacetanilide; to the duty on leaf alcohol; to the Committee on Committee on Ways and Means. Committee on Ways and Means. Ways and Means. By Mr. PENCE: By Mr. WILSON of South Carolina: H.R. 4425. A bill to suspend temporarily the By Mr. ROGERS of Michigan (for him- H.R. 4459. A bill to extend the suspension of duty on methacrylamide; to the Committee self, Mr. WILSON of South Carolina, duty on 2,6, Dichlorotoluene; to the Com- on Ways and Means. Mr. ISSA, Mr. SULLIVAN, Mr. mittee on Ways and Means. By Mr. PENCE: BOOZMAN, Ms. HART, Mrs. CAPITO, Mr. By Mr. DEMINT (for himself and Mrs. H.R. 4426. A bill to suspend temporarily the GRUCCI, Mr. SCHROCK, Mr. AKIN, Mr. MYRICK): duty on Cation Exchange Resin; to the Com- SIMMONS, Mr. CHAMBLISS, Mr. BACH- H.R. 4460. A bill to suspend temporarily the mittee on Ways and Means. US, Mrs. KELLY, Mr. BEREUTER, Mr. duty on tantalum powder; to the Committee By Mr. PENCE: CANTOR, Mrs. BIGGERT, Mrs. ROU- on Ways and Means. H.R. 4427. A bill to extend the temporary KEMA, Mr. FLETCHER, Mr. FOLEY, Mr. By Mr. RILEY (for himself, Mr. suspension of duty on Propiconazole; to the HORN, Mr. RILEY, Mr. KENNEDY of ADERHOLT, Mr. BACHUS, Mr. CAL- Committee on Ways and Means. Minnesota, Mr. FERGUSON, Mrs. JOHN- LAHAN, Mr. CRAMER, Mr. EVERETT, By Mr. PENCE: SON of Connecticut, Mr. SHAYS, Mr. and Mr. HILLIARD): H.R. 4428. A bill to extend the temporary LATOURETTE, Mr. OXLEY, Mr. KEL- H. Con. Res. 377. Concurrent resolution ex- suspension of duty on B-Bromo-B- LER, Mr. MCHUGH, Mr. TIBERI, Mr. pressing the sense of Congress regarding the nitrostyrene; to the Committee on Ways and NEY, Mr. COOKSEY, Mr. EHRLICH, Mr. establishment by the Hyundai Motor Com- Means. GREEN of Wisconsin, Mr. ISRAEL, Mr. pany of its first automotive manufacturing By Mr. PENCE: CLAY, Mr. ROSS, Ms. KILPATRICK, Mr. facility in the United States; to the Com- H.R. 4429. A bill to suspend temporarily the CUMMINGS, and Mr. RUSH): mittee on Energy and Commerce. duty on Oryzalin; to the Committee on Ways H.R. 4446. A bill to support certain housing By Mr. NEY (for himself and Mr. and Means. proposals in the fiscal year 2003 budget for HOYER): H1338 CONGRESSIONAL RECORD — HOUSE April 16, 2002

H. Con. Res. 378. Concurrent resolution H.R. 1041: Ms. HART. H.R. 2957: Mr. PENCE and Mr. OWENS. commending the District of Columbia Na- H.R. 1073: Mr. HILLEARY. H.R. 3058: Mr. BECERRA and Ms. WATSON. tional Guard, the National Guard Bureau, H.R. 1081: Mr. PETRI. H.R. 3113: Mr. COYNE. and the entire Department of Defense for the H.R. 1109: Mr. STEARNS, Mr. PICKERING, Mr. H.R. 3231: Mr. UDALL of Colorado and Mr. assistance provided to the United States SHADEGG, Mr. JENKINS, Mr. LATHAM, Mr. COOKSEY. Capitol Police and the entire Congressional LUCAS of Oklahoma, and Mr. BARTLETT of H.R. 3234: Mr. ALLEN. H.R. 3278: Mr. RAHALL. community in response to the terrorist and Maryland. H.R. 3321: Mr. SWEENEY and Mrs. MCCAR- anthrax attacks of September and October H.R. 1198: Mr. LATOURETTE, Mr. NEY, and THY of New York. 2001; to the Committee on House Administra- Mr. HOLDEN. H.R. 3333: Mr. KERNS. H.R. 1239: Mrs. DAVIS of California. tion. H.R. 3388: Mr. DAVIS of Illinois and Mrs. H.R. 1262: Mr. LEVIN, Mr. BONIOR, and Mr. By Mr. ROGERS of Michigan: KELLY. LANTOS. H. Con. Res. 379. Concurrent resolution rec- H.R. 3397: Mr. HOYER. H.R. 1265: Mr. PRICE of North Carolina. ognizing the efforts and activities of the Na- H.R. 3435: Mr. MASCARA. tional SAFE KIDS Campaign to prevent all H.R. 1305: Mr. GILMAN, Mr. ISTOOK, and Mr. H.R. 3450: Mr. MORAN of Virginia, Mr. unintentional injuries among children, in- WEINER. BECERRA, Mr. BASS, Mr. WEINER, Mr. BAIRD, H.R. 1353: Mr. MASCARA. cluding bicycle-related traumatic brain inju- Mrs. TAUSCHER, and Mr. VITTER. ries; to the Committee on Energy and Com- H.R. 1421: Mr. LOBIONDO. H.R. 3476: Mr. CALVERT. merce. H.R. 1436: Mr. BERRY and Mr. PHELPS. H.R. 3478: Mr. MASCARA. By Mr. SENSENBRENNER: H.R. 1475: Mr. WEINER and Ms. KAPTUR. H.R. 3553: Mr. SNYDER. H. Res. 387. A resolution providing for the H.R. 1524: Mr. SOUDER. H.R. 3569: Mr. MASCARA. expulsion of Representative James A. Trafi- H.R. 1556: Mr. SULLIVAN, Mr. CANTOR, Mr. H.R. 3573: Mr. PAUL. cant, Jr., from the House of Representatives; COMBEST, Mr. PASTOR, Ms. MCKINNEY, Mr. H.R. 3605: Mr. BARR of Georgia. to the Committee on Standards of Official LUCAS of Kentucky, Mr. GANSKE, and Mr. H.R. 3611: Mr. GOODLATTE. Conduct. TERRY. H.R. 3615: Mr. DAVIS of Illinois. H.R. 3618: Mr. RILEY. By Ms. SANCHEZ: H.R. 1581: Mr. DICKS. H.R. 3626: Mr. HORN and Mr. PETERSON of H. Res. 389. A resolution providing for the H.R. 1598: Mr. HOLT, Mr. LEACH, and Mr. Minnesota. expulsion of Representative James A. Trafi- BAIRD. H.R. 3679: Mr. HASTINGS of Florida and Mr. cant, Jr., from the House of Representatives; H.R. 1602: Mr. JEFF MILLER of Florida. PAYNE. to the Committee on Standards of Official H.R. 1609: Mr. TERRY. H.R. 1671: Mr. TOWNS, Ms. MCCOLLUM, and H.R. 3684: Mr. SCHROCK and Mr. OTTER. Conduct. Mr. FRANK. H.R. 3686: Mr. CALVERT and Mr. PHELPS. f H.R. 1759: Mrs. CHRISTENSEN. H.R. 3698: Ms. HART. H.R. 1795: Mr. MALONEY of Connecticut, Mr. H.R. 3717: Mr. TANCREDO and Mr. HOEK- PRIVATE BILLS AND STRA. RESOLUTIONS ROSS, and Mr. CRAMER. H.R. 1808: Mr. HEFLEY. H.R. 3747: Mr. UDALL of Colorado and Ms. Under clause 3 of rule XII, private H.R. 1873: Mr. KENNEDY of Rhode Island. SOLIS. H.R. 3794: Mr. WU, Mr. FRELINGHUYSEN, Mr. bills and resolutions of the H.R. 1919: Mr. LATHAM. H.R. 1943: Mr. BOUCHER, Mr. GORDON, Mr. CUMMINGS, Mr. GEKAS, Mrs. MORELLA, Mr. followingtitles were introduced and LANGEVIN, Ms. SANCHEZ, and Mr. MARKEY. severally referred, as follows: GIBBONS, and Ms. MCCOLLUM. H.R. 1956: Mr. NETHERCUTT and Mr. LEWIS H.R. 3831: Mr. CLEMENT, Mr. HEFLEY, and By Mr. DEMINT: of Kentucky. Mr. PETERSON of Minnesota. H.R. 3834: Mr. RANGEL. H.R. 4461. A bill to provide for the liquida- H.R. 1979: Mr. BARR of Georgia and Ms. H.R. 3842: Mr. CALVERT. tion or reliquidation of entries ofcertain DUNN. H.R. 3847: Mr. ANDREWS and Mr. PAYNE. manufacturing equipment;to the Committee H.R. 1983: Mr. GARY G. MILLER of Cali- H.R. 3887: Ms. WOOLSEY, Mrs. MEEK of Flor- on Ways and Means. fornia and Mr. ABERCROMBIE. ida, Mr. HOLT, Mr. LARSEN of Washington, By Mr. FRELINGHUYSEN: H.R. 2002: Mr. BURTON of Indiana, Mr. H.R. 4462. A bill to provide for the reliqui- Mr. PASTOR, Mr. DAVIS of Illinois, Mr. MORAN WELLER, Mr. TERRY, and Mr. VISCLOSKY. of Virginia, Mr. GILMAN, Mr. GONZALEZ, Ms. dation of certain entries;to the Committee H.R. 2073: Mr. ABERCROMBIE. KILPATRICK, Mr. JACKSON of Illinois, Mrs. on Ways and Means. H.R. 2125: Mr. HEFLEY, Mr. LYNCH, and Mr. MALONEY of New York, Mr. ACKERMAN, Mr. By Ms. MCCARTHY of Missouri: FORD. H.R. 4463. A bill to provide for the liquida- NADLER, Mrs. MINK of Hawaii, Ms. BROWN of H.R. 2148: Mrs. MINK of Hawaii. Florida, Mr. MATSUI, Ms. HARMAN, Ms. tion or reliquidation of certain entries;to the H.R. 2163: Mr. LARSEN of Washington and LOFGREN, Mr. BRADY of Pennsylvania, and Committee on Ways and Means. Mr. SULLIVAN. Mr. ALLEN. By Mr. ROGERS of Michigan: H.R. 2219: Mr. WELLER, Mr. GREENWOOD, H.R. 4464. A bill to provide for reliquida- H.R. 3952: Ms. LEE and Mr. FILNER. Mr. KLECZKA, and Mr. COOKSEY. tion pursuant to section 1003 of H.R. 3972: Mr. PAUL. H.R. 2220: Mr. FOLEY. theMiscellaneous Trade and Technical Cor- H.R. 3974: Ms. HART. H.R. 2290: Mrs. JOHNSON of Connecticut. H.R. 3976: Mr. KLECZKA. rections Act of 1999;to the Committee on H.R. 2316: Mr. HOSTETTLER, Mr. MANZULLO, Ways and Means. H.R. 4000: Mr. WALSH, Mr. GREEN of Wis- Mr. SHUSTER, Mr. SIMPSON, and Mr. BACHUS. consin, Ms. HART, Mr. FROST, Mr. PAYNE, Mr. By Ms. SANCHEZ: H.R. 2347: Mr. SHUSTER. H.R. 4465. A bill to provide for the reliqui- OWENS, Mr. PALLONE, Mr. KENNEDY of Rhode H.R. 2349: Mr. MOORE and Mr. LARSON of dation of entries of certain machines usedto Island, and Mr. HILLIARD. Connecticut. H.R. 4014: Mr. WELDON of Florida, Mr. replicate optical discs;to the Committee on H.R. 2374: Mr. ROGERS of Michigan. Ways and Means. HOEFFEL, Mr. LANTOS, Ms. DELAURO, Mr. H.R. 2419: Mr. MCGOVERN. STUPAK, Mrs. MINK of Hawaii, and Mrs. f H.R. 2462: Mr. LIPINSKI and Mr. ISRAEL. KELLY. H.R. 2466: Mr. PAUL, Mr. HILLEARY, Mr. ADDITIONAL SPONSORS H.R. 4018: Mr. RODRIGUEZ and Mr. DOYLE, Mr. BONILLA, Mr. LEWIS of Kentucky, LATOURETTE. Under clause 7 of rule XII, sponsors and Mr. TURNER. H.R. 4019: Ms. HART. were added to public bills and resolu- H.R. 2487: Mr. BROWN of Ohio and Mr. CLAY. H.R. 4037: Ms. SOLIS. tions as follows: H.R. 2569: Mr. CHAMBLISS. H.R. 4038: Ms. LEE. H.R. 2605: Mr. ALLEN. H.R. 4043: Mr. CULBERSON and Ms. HART. H.R. 122: Mr. LOBIONDO, Mr. PETERSON of H.R. 2623: Mr. ROTHMAN. H.R. 4066: Mr. MCNULTY, Mr. PASTOR, Mr. Minnesota, Mr. LUCAS of Kentucky, Mr. H.R. 2638: Mr. DOOLITTLE and Mr. KING. SULLIVAN, Mr. MATHESON, Mr. RANGEL, Mr. SIMPSON, Mr. LEACH, Mr. TOM DAVIS of Vir- H.R. 2695: Mr. TANCREDO. LEVIN, Mr. WEXLER, Mrs. LOWEY, Mrs. JONES ginia, Mr. FORBES, and Mr. MANZULLO. H.R. 2714: Mr. ADERHOLT, Mr. FLAKE, Mr. of Ohio, Mr. SANDERS, Mr. CAPUANO, Mr. H.R. 168: Mr. SIMPSON. CHAMBLISS, Mr. CALVERT, and Mr. H.R. 448: Mr. FILNER. LATOURETTE, Mr. KING, Mr. PRICE of North H.R. 647: Mr. SCHROCK. HOSTETTLER. Carolina, Mr. HOLT, Mr. GUTIERREZ, Mr. H.R. 648: Mrs. JO ANN DAVIS of Virginia. H.R. 2735: Mr. PLATTS, Mr. PETRI, Mr. MEEHAN, Mr. DICKS, Mrs. MALONEY of New H.R. 721: Ms. WATSON, Mr. SCHIFF, and Mr. TANCREDO, and Mr. LATOURETTE. York, Mr. CARSON of Oklahoma, Ms. CARSON HOSTETTLER. H.R. 2817: Mr. FOLEY and Mr. KING. of Indiana, Ms. EDDIE BERNICE JOHNSON of H.R. 792: Ms. HOOLEY of Oregon. H.R. 2820: Mr. SHOWS, Mr. MASCARA Ms. Texas, Mrs. MCCARTHY of New York, Mr. H.R. 848: Mr. ISRAEL, Mr. SULLIVAN, Mr. DELAURO, and Mr. HALL of Ohio. NADLER, Mr. FRANK, Mr. MATSUI, and Mr. PASCRELL, Mr. MALONEY of Connecticut, Mr. H.R. 2867: Mr. MANZULLO and Mr. CARSON of FOLEY. STRICKLAND, and Mr. SHIMKUS. Oklahoma. H.R. 4071: Mr. HOEKSTRA. H.R. 854: Mr. TERRY, Mr. OLVER, Mrs. H.R. 2874: Mr. BLAGOJEVICH, Mrs. JO ANN H.R. 4086: Mr. INSLEE, Mr. MOORE, Mr. DAVIS of California, and Mr. HUNTER. DAVIS of Virginia, and Ms. KAPTUR. LYNCH, and Mr. HORN. H.R. 951: Mr. TAUZIN, Mr. PAUL, Mrs. H.R. 2878: Mr. STRICKLAND. H.R. 4090: Mr. BARR of Georgia, Mr. MCCARTHY of New York, Ms. ROS-LEHTINEN, H.R. 2941: Mr. MALONEY of Connecticut, Mr. HAYWORTH, Mr. WILSON of South Carolina, and MR. CRENSHAW. SOUDER, and Mrs. MINK of Hawaii. and Mr. SHAYS. April 16, 2002 CONGRESSIONAL RECORD — HOUSE H1339

H.R. 4104: Mr. LUCAS of Kentucky. H. Con. Res. 114: Mr. LYNCH, Mr. SNYDER, H. Con. Res. 359: Mr. FROST, Mr. KILDEE, H.R. 4119: Mr. ROHRABACHER, Mr. CROWLEY, Mr. KUCINICH, Mr. DAVIS of Illinois, Mr. and Mr. FRANK. and Mr. FORBES. OWENS, Mr. FATTAH, Ms. LEE, Mr. ENGEL, Mr. H. Con. Res. 371: Mr. BOOZMAN, Mr. EHR- H.R. 4152: Mr. PICKERING, Mr. YOUNG of TOWNS, Ms. KAPTUR, Ms. WATSON, Mr. LICH, Mr. LEWIS of California, Mr. CASTLE, Florida, Mr. WICKER, Mr. FORBES, and Mr. HASTINGS of Florida, Mr. FRANK, Mr. CLAY, Mr. FILNER Mrs. DAVIS of California, Ms. TIBERI. Ms. BROWN of Florida, and Ms. CARSON of In- BROWN of Florida, Ms. HARMAN, Mr. BAIRD H.R. 4156: Mr. WELLER, Mr. PICKERING, Mr. diana. Mr. COYNE, Mr. JONES of North Carolina, Mr. SOUDER, Mr. HAYES, Ms. HART, Mr. WATKINS, H. Con. Res. 162: Mr. CANTOR. OSE Mr. HALL of Ohio, Mr. FORBES, Mr. Mr. SHIMKUS, Mr. BACHUS, Mr. TANNER, Mr. H. Con. Res. 222: Mr. GORDON and Mr. PENCE, Mr. CRAMER Mr. MORAN of Virginia, STUMP, Mr. PETERSON of Minnesota, Mr. FORBES. Mr. RADANOVICH, Mr. BRADY of Pennsylvania, KIND, and Mr. DAVIS of Illinois. H. Con. Res. 291: Mr. FOLEY and Ms. MCKIN- and Mr. WYNN. H.R. 4158: Mr. RANGEL. NEY H. Res. 225: Mr. FOLEY. H.R. 4169: Mr. CANNON. . H.R. 4193: Ms. MCCOLLUM. H. Con. Res. 315: Mr. STENHOLM and Mr. H. Res. 295: Mr. PENCE. H.R. 4197: Mr. MCGOVERN. CALVERT. H. Res. 361: Mr. MCHUGH, Ms. BALDWIN, and H.R. 4198: Mr. MCGOVERN. H. Con. Res. 340: Mr. OWENS and Mr. FROST. Mr. FATTAH. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, TUESDAY, APRIL 16, 2002 No. 42 Senate The Senate met at 11 a.m. and was to the Senate from the President pro the border security bill, that it may be called to order by the Honorable JACK tempore (Mr. BYRD). ready today, and that it might just be REED, a Senator from the State of The legislative clerk read the fol- a matter of getting a vote on final pas- Rhode Island. lowing letter: sage. Is that correct information? U.S. SENATE, Mr. REID. Yes. In the information PRAYER PRESIDENT PRO TEMPORE, that I received last night in speaking The Chaplain, Dr. Lloyd John Washington, DC, April 16, 2002. to Senators KENNEDY and BYRD, Sen- Ogilvie, offered the following prayer: To the Senate: ator BYRD had three amendments. It Our dear God, who persistently seeks Under the provisions of rule I, paragraph 3, appears they can work those out. There of the Standing Rules of the Senate, I hereby to make America both great and good, may be a requirement for a vote on one appoint the Honorable JACK REED, a Senator we praise You for the privilege of living of them. Speaking to Senator BROWN- in this land You have blessed so boun- from the State of Rhode Island, to perform the duties of the Chair. BACK yesterday, it appeared that there tifully. With awe and wonder we realize ROBERT C. BYRD, were no Republican amendments. So I anew that You have called our Nation President pro tempore. think the matter should be resolved to be a providential demonstration of Mr. REED thereupon assumed the today and maybe this evening or to- the freedom and opportunity, right- chair as Acting President pro tempore. morrow we can finish the bill very eousness and justice You desire for all quickly. f nations. Help us to be faithful to our Mr. LOTT. That would be good. I destiny. May our response to Your love RECOGNITION OF THE ACTING hope we can seal that deal and get it be spelled out in dedication to serve. MAJORITY LEADER done. Enable us to grasp the greatness of the Mr. REID. Yes. blessing of being Americans. The ACTING PRESIDENT pro tem- We thank You for the strategic role pore. The Senator from Nevada is rec- f of this Senate in Your unfolding plans ognized. for our beloved land. In this quiet mo- f ment, we affirm who we are and why PRAYERS FOR CHAPLAIN You have called us to be servant lead- SCHEDULE OGILVIE’S WIFE, MARY JANE ers in such a time as this. Our ultimate Mr. REID. Mr. President, in a mo- Mr. LOTT. Mr. President, while the goal is to please You and to serve You. ment, the Chair will put the Senate Chaplain is still here, I want to make Inspire the men and women who rep- into a period of morning business until sure that all of our colleagues are resent our Nation in the high calling of 12:30 today. The Senate will recess aware that his wonderful helpmate, being Senators. Give them divine wis- from 12:30 to 2:15 for the weekly party Mary Jane, has been having some dif- dom, penetrating analysis, and solu- conferences. ficulty and is spending some time at tions to problems, but most of all, in- At 2:15, we are going to resume con- Washington Hospital Center. We all domitable courage and inspiring bold- sideration of the energy reform bill. It know the saying that behind every suc- ness to declare Your best for our Na- was determined yesterday, in speaking cessful man is a strong and supportive tion. You are our Lord and Saviour. to the two Senators from Alaska here woman. Amen. in the Chamber, that they would be Mary Jane has been a wonderful part f ready this afternoon to offer the long- of the Senate family for the past 7 anticipated ANWR amendment. So we PLEDGE OF ALLEGIANCE years that Lloyd John Ogilvie has been expect to get that this afternoon and our Chaplain. He comes to minister and The Honorable JACK REED led the be back on the energy bill. to the aid of all of us in our Senate Pledge of Allegiance, as follows: f family. I wanted my colleagues and our I pledge allegiance to the Flag of the staffs to know that he, too, sometimes United States of America, and to the Repub- RECOGNITION OF THE MINORITY needs our help, our support, and our lic for which it stands, one nation under God, LEADER indivisible, with liberty and justice for all. prayers. f The ACTING PRESIDENT pro tem- So I say to the Chaplain, we cer- pore. The Republican leader is recog- tainly are thinking about you and we APPOINTMENT OF ACTING nized. are going to be saying a prayer for PRESIDENT PRO TEMPORE Mr. LOTT. Mr. President, I under- Mary Jane and her speedy recovery and The PRESIDING OFFICER. The stand that perhaps progress has been her ability to come back to help the clerk will please read a communication made on getting a final agreement on Chaplain in his very important work.

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

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VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2690 CONGRESSIONAL RECORD — SENATE April 16, 2002 BUDGET RESOLUTION the energy bill, and we need to do trade under the budget resolution we passed Mr. LOTT. Mr. President, I am deep- promotion authority and bills associ- last year. Obviously, that would create ly concerned about reports that I have ated with that, at least indirectly, such a number of problems. been hearing that indicate that per- as the Andean trade authority and the I support the President’s budget. The haps the Senate may not even consider Trade Adjustment Assistance Act. We President came up with a good budget. a budget resolution this year. It is not still have to do supplemental appro- He does provide a significant increase clear whether we will or we won’t, but priations. We need to do the Defense in the priorities that need to have in- in the discussions I have had with Sen- authorization bill and a budget resolu- creases. There is an increase for de- ator DASCHLE, his only response has tion, and we need to do all that before fense funding. We need a supplemental been: Well, that decision has not been the Memorial Day recess. The law re- for defense to pay for what we have al- made yet. quires that we do a budget resolution ready spent, and we need to make sure I must say that is very troubling, and by April 15. our military men and women have a I hope the decision is not made to just More years than not, we do not meet decent quality of life, have the weapons defer action completely on the budget that deadline, but at least we go for- they need to do the job, the most mod- resolution this year. ward and have a budget resolution. If ern technology possible, which has If we don’t have a budget resolution, we do not do this by Memorial Day, saved a lot of lives. I predict that it will lead to legislative then it will be very difficult for the Ap- We need to move forward on national chaos for the remainder of the year. propriations Committee to proceed. security. Of course, we realized last When you look at the budget resolu- When we look at the fact we have June, year after September 11 that we were tion, you see page after page of num- July, and September basically remain- vulnerable and we needed to do more bers. I realize it is not very exciting, it ing in this legislative year, we will with respect to homeland security. is difficult to read, and the debate on have to get going with Defense—well, There are a lot of hearings occurring the budget resolution, while it is under with all the appropriations bills. Hope- now in the Appropriations Committee expedited procedures, leads to highly fully, Defense appropriations will be and other committees of jurisdiction arcane descriptions of such things as first. We need to make sure we fund about exactly where this additional reserve funds, reconciliation proce- that program before anything else be- spending in homeland security should dures, and references to points of order. cause our men and women are so de- go. We know we need to do more for But, clearly, it is a process that you pendent on it. port security, airport security, first re- can go through and you can usually do I am very worried about what the sit- sponders, law enforcement, firemen. it in about a week. Yes, it leads to a uation will be if we do not have a budg- Clearly, we are going to have to add number of votes, quite often even the et resolution. I have been looking at significant increases in funds for home- very unattractive carousel-type proce- what it could lead to, and I have to say land security. That has been acknowl- dure where you vote on amendment it is going to be a wild-west-type ap- edged and called for on both sides of after amendment. proach. If appropriations bills come up, the aisle. So national defense, home- I wish we could find a way to limit there are no limits, no points of order land security, and economic security that. Maybe this is the year we can to limit spending beyond what a sub- are priorities. come to some sort of agreement to not committee may have designated as its We need to make sure we are doing have 20 or 30 votes, one right after the numbers. The 60-vote point of order the right thing with fiscal policy at the other. It makes it very difficult to leg- will not apply. The bills could very Federal Government level so that the islate properly and difficult for Sen- well collapse of their own weight be- economy will grow. We see positive ators to even understand the ramifica- cause there will be so many brilliant signs, but it is not universal. It is un- tions of those votes. But that is the ideas of how spending can be added. even, and it varies from sector to sec- way it has been done. If I were a subcommittee chairman, tor, and there are even some regional I think that in spite of the messy regardless of on which aisle I sat, that differences. procedure, it will determine whether or would be a very difficult situation to This year maybe more than ever we not we are able to really govern this manage. need to have a budget resolution that year. The budget resolution is not real- The argument might be: It will be sets some priorities so that we can do ly about numbers in the final analysis; hard; we will have to vote on all those what we need to do but not lose control it is about setting priorities and mak- amendments. That is true, but we do it of it when it gets to this Chamber. ing choices. What will be the position year after year. Let me speak a minute about one of of the Senate on spending for the year? The argument can be made: We are the specifics in the budget resolution What is the position of the Senate on closely divided. Last year we got a that came out of the Senate Budget tax policy? What is the position of the budget resolution, and we were divided Committee. I commend Senator CON- Senate in terms of defense and improv- 50–50. Here are the budget resolutions RAD, the chairman of the committee. ing education and health care? Every- we passed over the past 61⁄2 years, in- He could have just said it is not worth thing sort of depends on having this cluding last year when it was 50–50. By the effort, we are not even going to try statement of policy in the budget reso- the way, when we got to a final vote, it to get it out of committee. He did lution. was passed by a wide bipartisan vote. make the effort, and they reported out Now, in the years we have had the In fact, the Senate passed the budget a budget resolution. That signaled to Budget Empowerment Act, since about resolution on April 6, before the April me we were going to be ready to go to 1974, the Senate has never failed to act. 15 date that is included in the budget the floor with the resolution that came Two or 3 years ago, we did have a situ- law, and it was by a bipartisan vote of out of the committee. ation where the Senate passed a resolu- 65 to 35. It can be done, it should be Now you see it, now you don’t. I do tion, the House passed a resolution, done, and every year I served as major- not quite understand why that change and we could not get a conference ity leader, we got it done. Here are the occurred, even after the Budget Com- agreement. But the two bodies agreed budget resolutions. The evidence is mittee stepped up, and while it did not on the numbers that would be followed there. pass on a bipartisan vote, it went by the Appropriations Committee and I think perhaps what is going on here through within 2 or 3 days of consider- we went forward. I was not proud of is just a desire to not have Senators ation and is now ready for full Senate that. I thought that was an abdication cast these tough votes. That is an abdi- consideration. of our responsibility. At least we cation of our responsibility. My concern is specifically in the de- agreed on numbers and we went for- Perhaps the Senate majority leader fense area. I am worried that the budg- ward. and the budget chairmen have some- et that came out of the Budget Com- The idea we would not even make an thing different in mind. Maybe they mittee is soft on defense. While it fully effort this year sends a fairly bad sig- are saying they prefer to just operate funds the President’s defense request nal. I realize there is a time problem under last year’s budget resolution. By for next year, it shortchanges the here. We have about 5 weeks before the choosing not to vote on their own, they President’s request by $225 billion over Memorial Day recess. We need to finish are, in effect, choosing to continue the next succeeding 9 years. It is $225

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2691 billion short. That means the troops the great thing about America. We can who live in Michigan, Ohio, Kentucky, will not get the supplies and arma- disagree without undermining what and Tennessee—the people who make ments they need to prosecute the war needs to be done for our country. When up the Sixth Circuit. on terrorism, and this, we all know, is it comes to defense, we cannot short- We have a chart of the Sixth Cir- not a short-term issue; this is some- fund it, and we cannot allow it to slip cuit—Michigan, Ohio, Kentucky, and thing that is going to take months and off into partisan debate. Tennessee. There are 16 total seats on years as we try to root out terrorism Here is what we need to do in the the Sixth Circuit. There are eight sit- and make sure we can be safe around Senate, and we need to do it before the ting judges representing, of course, a the world at our embassies and at Memorial Day recess: Pass a budget 50-percent vacancy. The President has home. resolution. What other form of dis- sent up seven nominees for the eight It means that operations and mainte- cipline can we possibly have? What vacancies. To date, there have been no nance will suffer. Pilots will not be more important indicator is there hearings on any of those nominees. able to fly the missions they need for about whether or not we are prepared The practical effect of that is each training, and upkeep on ships will slow to govern and make tough choices? judge is having to dispose of many down. It means Secretary Rumsfeld Pass a budget resolution, fully fund the more cases. As the chart shows, accord- and the Joint Chiefs will have fewer re- President’s budget request in both the ing to the Administrative Office of the sources in place to plan for the next short and long term, add the $225 bil- Courts, the average number of cases step. It will mean we will not have the lion for defense back into the budget that active-status judges on the Sixth resources to take action against Sad- resolution, and eliminate the reserve Circuit are having to dispose of has in- dam Hussein and the ‘‘axis of evil.’’ fund. Pass the defense resolution first. creased by 46 percent in the last 5 The President has established our That, Mr. President, is how we stand years. priorities, and national defense is tops. shoulder to shoulder with the Presi- As a result of this vacancy rate, the The President has called on us to act dent in this war on terrorism. dispositions per active judge have gone on the defense bill first. I suggest the absence of a quorum. up 46 percent since 1996—a 46-percent Why in the world would this decision The ACTING PRESIDENT pro tem- increase—to 535 matters per judge. be made not to fully fund the war? I pore. The clerk will call the roll. From just 1996 to 2001, the average think the response we are going to hear The legislative clerk proceeded to number of cases each Sixth Circuit is: We do fully fund the President’s re- call the roll. judge is deciding has increased by al- quest next year, but then we are going Mr. MCCONNELL. Mr. President, I most half—50 percent. to create a reserve fund for defense ask unanimous consent that the order Let us take a look at this chart and spending for the future. Unfortunately, for the quorum call be rescinded. the dramatic increase in decision time. the reserve fund is nothing more than The ACTING PRESIDENT pro tem- Why this matters is that with Sixth a gimmick. pore. Without objection, it is so or- Circuit judges having to dispose of If one looks elsewhere in the budget, dered. many more cases, this results in a dra- specifically in the section titled matic increase in the length of time for ‘‘Functional Totals,’’ one will see that f an appellate decision to be rendered. In the defense money in the reserve fund RESERVATION OF LEADER TIME fact, according to the Administrative is not there for defense. It would be The ACTING PRESIDENT pro tem- Office of the Courts, the Sixth Circuit used supposedly to reduce the debt. pore. Under the previous order, the is ranked next to last among all Fed- That certainly is a worthwhile objec- leadership time is reserved. eral circuits in median time for dis- tive, and we should continue to try to position of an appeal. find ways to live within a budget and f The national average is 10.9 percent. reduce the debt, as we had been doing MORNING BUSINESS In Sixth Circuit, it is 15.3 percent, for the previous 4 years. which is 40 percent as a result of the We have to make some choices now. The ACTING PRESIDENT pro tem- eight vacancies that we have. We should fund defense first, and we pore. Under the previous order, there It is not just the Sixth Circuit is next should not set up a mechanism that will now be a period of morning busi- to last—someone has to be next to would short the Defense Department ness not to extend beyond the hour of last—but that the deviation from the by $225 billion. 12:30 with Senators permitted to speak national average is so great. Our world changed on September 11. therein for up to 10 minutes each, and Specifically, as my third chart We know national security and home- with the time to be equally divided be- shows, in 1994, when there were no va- land security is going to be important. tween the two leaders, or their des- cancies, the Sixth Circuit was about 1 We are going to have to act on it. We ignees. month slower in processing appeals have to be prepared to defend ourselves The Senator from Kentucky. than the national average, about 10 against attacks internationally and at Mr. MCCONNELL. Thank you, Mr. percent slower. home. We have to provide support for President. By the time of the first vacancy in our allies and friends, such as NATO f the following year, 1995, the Sixth Cir- and Israel. We must repel and deter cuit was a little over 2 months slower and, in some instances, take preemp- VACANCY CRISIS IN THE SIXTH than the national average, or about 17 tive action to prevent attacks on CIRCUIT percent slower than the national aver- American citizens. No one in the Sen- Mr. MCCONNELL. Mr. President, as age. ate disagrees we are going to have to the Senate is aware, we are facing a va- But by last year when there were do more in national security and it is cancy crisis in the Federal courts with eight vacancies, the Sixth Circuit was going to take more than 1 year. This is over 11 of the Federal judgeships open. almost 41⁄2 months slower than the na- a long-term commitment. This crisis is even worse at the appel- tional average, which translates into a I do want to particularly point out to late level where almost 19 percent of full 40 percent below average. my colleagues that there is a huge the appellate court judgeships are va- There is no question that the signifi- problem in the budget resolution re- cant. That means that one out of every cant number of vacancies has had an ported by the committee in the defense five seats is empty. impact on litigants in the Sixth Cir- area. We need to stand shoulder to Nowhere is the problem felt more cuit. shoulder with the President, and we acutely than in my home circuit, the What that means is that in other cir- have in the war on terrorism. We did it Sixth Circuit Court of Appeals, which cuits, if you file your appeal at the be- repeatedly and courageously after the consists of Michigan, Ohio, Kentucky, ginning of the New Year, you get your events of September 11. But slowly we and Tennessee. We have an astonishing decision by about Halloween. But in have slipped back into our normal snip- 50-percent vacancy rate. Half of the the Sixth Circuit, if you file your ap- ing. seats of my home circuit are empty. peal at the same time, you are forced We will always have legitimate de- I would like to take a little time to to wait until Easter of the following bate. It is about democracy. That is discuss what that means to the people year to get your case resolved.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2692 CONGRESSIONAL RECORD — SENATE April 16, 2002 These are alarming statistics. To put Henry Saad, Susan Neilson, and ernor’s Commission on Capital Punish- a human face on it, let me read some David McKeage from Michigan have ment released its report on the Illinois comments from judges and practi- now been waiting 160 days. death penalty system. This report de- tioners. Julia Gibbons from Tennessee has tails problems with the administration Ohio Attorney General Betty Mont- been waiting for 190 days. And both of the death penalty in Illinois and gomery has said that numerous death Jeffrey Sutton and Deborah Cook from makes dozens of recommendations for penalty appeals before the Sixth Cir- Ohio have now been waiting 343 days. reform. This is actually the first com- cuit are experiencing prolonged delays. We are talking about well-qualified prehensive analysis of a death penalty For example, the appeal of Michael nominees. For example, Jeffrey Sutton system undertaken by a Federal or Beuke has not been acted on in more graduated first in his law school class, State government in the modern death than 2 years, and Clarence Carter has has served as solicitor for the State of penalty era. had a motion pending before the Sixth Ohio, and has argued over 20 cases be- Governor George Ryan of Illinois Circuit for 3 years. fore the U.S. and State Supreme first made history 2 years ago when he These are death penalty appeals. Courts. Deborah Cook has been a well- was the first Governor in the Nation to Federal district Judge Robert Holmes respected justice on the Ohio Supreme step forward and place a moratorium Bell described the Sixth Circuit as in a Court for 8 years. on executions. He recognized that the ‘‘crisis’’ because of the vacancies. He But the nominee, obviously, I know death penalty system is plagued with added, ‘‘We’re having to backfill with best—in fact, the only one I really errors and the risk of executing the in- judges from other circuits who are ba- know—is Professor John Rogers from nocent. Governor Ryan, who had sup- sically substitutes. You don’t get the my own State of Kentucky. He has ported the death penalty as a State same sense of purpose and continuity taught law for almost a quarter of a legislator, realized that the death pen- you get with full-fledged court of ap- century at the University of Kentucky alty system was so broken that justice peals judges.’’ Even with ‘‘backfilling,’’ College of Law. He has twice served in could no longer be assured. Since rein- the Sixth Circuit still takes more than the Appellate Division of the Depart- statement of capital punishment in Il- 40 percent longer than the national av- ment of Justice, once as a visiting pro- linois in 1977, Illinois had put 12 people erage to resolve cases. fessor. to death. But during this same period, Cincinnati Attorney Elizabeth He has served his country as a lieu- 13 people were exonerated and removed McCord, as of the end of last year, had tenant colonel in the U.S. Army Re- from death row. been waiting 15 months just to have serves. He was elected to Phi Beta What led to this alarming ratio of 13 oral argument scheduled for her cli- Kappa at Stanford University during exonerations to 12 executions? It was a his junior year. He graduated magna ent’s appeal in a job discrimination number of problems—from incom- cum laude from the law school at the suit. In the interim, her client died. petent counsel, to convictions based on University of Michigan, where he was According to the Cincinnati Post, unreliable testimony of jailhouse in- elected to the Order of the Coif. He is delays like this have become ‘‘com- formants, to mistaken eyewitness tes- clearly an outstanding selection by the monplace’’ because vacancies have left timony, and, in some cases, police mis- President of the United States. the court ‘‘at half-strength and have conduct. The Sixth Circuit is in dire need of As Governor Ryan said when he sus- created a serious backlog of cases.’’ the services of the fine lawyers such as pended executions: Mary Jane Trapp, president of the Professor Rogers whom President Bush Ohio Bar Association, said ‘‘Colleagues I cannot support a system, which . . . has has nominated. I hope the Senate can proven to be so fraught with error and has of mine who do a lot of Federal work make some reasonable progress on ac- come so close to the ultimate nightmare, the are continuing to complain (about the commodating the court’s urgent needs State’s taking of innocent life. delays). When you don’t have judges because it is important to remember But we know that it is not just Illi- appointed to hear cases, you really are when you have a circuit that is 50 per- nois that has come so close to this ulti- back to the adage of ‘justice delayed is cent vacant, this has a direct impact mate nightmare. One hundred innocent justice denied.’ ’’ on litigants. Justice is being delayed people nationwide have been released The purpose of my discussion is not and, therefore, denied in the Sixth Cir- from death row. Thirteen are in Illi- to point fingers or to lay blame. My cuit. That has a direct bearing on the nois, but the remaining 87 innocent in- friend, the chairman—and he is my people who live in Michigan, in Ohio, in dividuals were convicted and sent to friend—knows how warmly I feel about Kentucky, and in Tennessee. death row by justice systems in States the way he handled the district court It is still not too late for us to ad- such as Arizona, California, Florida, vacancies in my State. I have repeat- dress this problem. I hope we will do it Maryland, and Texas. edly said how much I appreciate his ac- in the coming months because we genu- Governor Ryan did the right thing. tions in this regard, and I will continue inely have a crisis in the courts, and, Before signing off on another execution to do so. particularly, we have a crisis in the warrant, he wanted to be sure with The point of my discussion is simply Sixth Circuit. moral certainty that no innocent man to underscore the problem facing my I yield the floor. or women would face a lethal injection. constituents in Kentucky and the citi- The PRESIDING OFFICER (Mrs. But as he suspended executions, he also zens in the other States in the Sixth CARNAHAN). The Senator from Wis- created an independent commission to Circuit. I also feel compelled to discuss consin. review the death penalty in Illinois. this problem because I don’t see any in- f This 14-member, blue ribbon commis- dication of progress. sion includes our former colleague, and The President has nominated out- THE REPORT OF THE ILLINOIS dear friend Senator Paul Simon; Judge standing individuals to fill seven of the GOVERNOR’S COMMISSION ON Frank McGarr; Thomas Sullivan, a eight vacancies on the Sixth Circuit. CAPITAL PUNISHMENT former U.S. Attorney; and Bill Martin, And I am hopeful that he will soon fill Mr. FEINGOLD. Madam President, I a former Cook County prosecutor. that last vacancy. Yet, unfortunately, rise today to talk about another sig- Judge William Webster, who has served no hearings have been scheduled—not a nificant milestone in our Nation’s de- our Nation with distinction as the single one—for any of these seven bate on the death penalty. Last week, former Director of the CIA and the nominees, even though two of those our Nation witnessed the 100th inno- FBI, was a special advisor to the com- nominees—Jeffrey Sutton and Deborah cent person to be freed from death row mission. Cook, both from Ohio—have been be- in the modern death penalty era—that Two years after its creation, I am fore the Senate for almost a full year, is, since the Supreme Court found the pleased to report that the Governor’s and have not even had a hearing. death penalty unconstitutional in 1972. Commission on Capital Punishment We are talking about a substantial Number 100 is Ray Krone. Krone spent has completed its work. Both death amount of time: 10 years in the Arizona prisons for a penalty supporters and opponents came John Rogers, from the Common- murder he did not commit. together to review the problems in Illi- wealth of Kentucky, has been waiting Yesterday, our Nation reached an- nois and have made numerous rec- for 119 days. other milestone. The Illinois Gov- ommendations for reform. The people

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2693 of Illinois will not determine how to re- with the Senator from New Jersey, Mr. the state of the death penalty as it is spond to the commission’s rec- CORZINE on—is the National Death applied nationally. It is critical that ommendations. Penalty Moratorium Act, and it applies we make sure that the system protects I want to commend Governor Ryan the Illinois model to the rest of the Na- innocent victims and provides for the for his leadership and the members of tion. My bill would suspend Federal true application of justice as we know the commission for their dedication executions and urge the States to do it, making sure fairness and the rule of throughout this long process. Their the same, while a National Commission law are practiced. work is a credit to Illinois and is a on the Death Penalty reviews the Last week a man named Ray Krone model for the Nation. death penalty systems at the State and was released from prison. Mr. Krone While Illinois is the only State that Federal levels. The national commis- had been convicted of murder. He had has suspended executions, it is not the sion would study whether the adminis- already served 10 years behind bars and only State whose death penalty system tration of the death penalty is con- had been sentenced to die. But Mr. is fraught with error. In fact, according sistent with constitutional principles Krone is, and always had been, an inno- to a Columbia University study, the of fairness, justice, equality, and due cent man. New DNA evidence proved overall rate of serious error in the Illi- process. that conclusively. He was convicted for nois death penalty system is 2 percent So, Madam President, I again com- a crime he did not commit. Prosecutors lower than the national average, which mend Governor Ryan and the people of now admit it. I think the local county is 68 percent. In other words, from 1973 Illinois for their leadership. I recently attorney put it: He deserves an apology to 1995, over two-thirds of death pen- had the chance to speak to a gathering from us. That is for sure. To put it alty convictions nationwide were re- of pro-moratorium supporters in Illi- mildly, that is an understatement. versed on appeal based on serious, re- nois, the ‘‘Land of Lincoln.’’ I told How would any of us feel if we had been charged, tried, and convicted by a versible error. That is not just every them that I believe they are carrying jury of our peers for a crime we didn’t once in a while. The experts found that the mantle of Lincoln. They have given commit and then, to top it off, sen- almost 7 out of 10 death penalty ver- their full devotion to Lincoln’s call for tenced to die? Ray Krone knows what dicts will be reversed on appeal, and freedom and justice throughout the that feels like and, unfortunately, he is not for technical reasons, but for sub- land. In fact, some might say that the not alone. In fact, he was the one-hun- stantive, serious reasons. struggle for fairness in our Nation’s dredth person, since we reinstated the In the vast majority of these cases criminal justice system today is, in practice of the death penalty in this reversed on appeal, defendants were some ways, an unfinished chapter of Nation, to be released from death row found to deserve a sentence less than the struggle for freedom from slavery in the United States, with post-trial death when the errors were cured on earlier in our Nation’s history. proof of the individual’s innocence. retrial. And 7 percent were found to be Madam President, we should follow These 100 innocent people have experi- innocent of the crime altogether. the lead of our fellow Americans in the enced nothing short of living hell. And These data show that the same kinds ‘‘Land of Lincoln.’’ Let us continue the outrageous injustice of their con- of grave errors that Governor Ryan saw their effort with a nationwide morato- victions and their sentences should be in Illinois exist in death penalty sys- rium and a reexamination of the ad- a wake-up call for all of us. tems across the United States. Incom- ministration of the death penalty. To I take second place to no one in my petent counsel, flimsy or unreliable continue the status quo and risk the determination to fight the scourge of evidence, and sometimes even prosecu- execution of another innocent person is crime. As part of that effort, I believe torial or police misconduct—all of truly unjust and just unconscionable. we need to be very tough on violent these have led to convicting the inno- I urge my colleagues to join me in criminals, including imposing long sen- cent or, at a minimum, unfair pro- supporting the National Death Penalty tences and the potential for no oppor- ceedings. We also know that whether Moratorium Act. tunity for parole. But while we get you live or die sometimes depends on At this point, I yield the floor be- tough on crime, we also need to recog- the color of your skin or where you cause I am pleased to see my colleague nize that our criminal justice system live. For example, according to a study and tremendous ally in this issue, Sen- makes mistakes—sometimes very seri- that reviewed capital prosecutions in ator CORZINE. ous mistakes. Until recently, it was Philadelphia from 1983 to 1993, Black The PRESIDING OFFICER. The Sen- virtually impossible to know when in- defendants were nearly four times as ator from New Jersey is recognized. nocent people were wrongfully con- likely to receive a death sentence than Mr. CORZINE. Madam President, let victed. But today, with the advent of non-Black defendants who had com- me begin by saying how pleased I am to DNA technology, it is far less likely to mitted similar murders. These errors stand with Senator FEINGOLD, who is a occur if we let the evidence come to and bias in the system are simply man of conscience, who has spoken out light. wrong and unjust. for the need for our Nation to examine Why are innocent people convicted Fortunately, it is not just Governor the practice and application of the and sentenced to death? To a large ex- Ryan and I who are saying there is death penalty. His call for a morato- tent, it is because our criminal justice something terribly amiss. A growing rium, as was recently provided in the system has some systemic flaws and, chorus of Americans have come for- State of Illinois by their Governor, I frankly, some biases as well, in how it ward to say the death penalty system think is an act of courage and one that is applied. is fraught with error. is responsible if we all believe in jus- Capital defendants are more likely in One of those Americans is Justice tice, the rule of law, and fairness, some parts of our country to be subject Sandra Day O’Connor. Last summer, which is defining to America. to the death penalty than others, and Justice O’Connor expressed her concern As I know Senator FEINGOLD out- they certainly would give at least the about the risk of executing the inno- lined, yesterday a commission in the appearance of some racial prejudice ad- cent. She said: State of Illinois on capital punishment, ministered there. Unfortunately, as the rate of executions appointed by Governor George Ryan, Capital defendants often have law- has increased, problems in the way [in] released its report on the death pen- yers who do a terrible job. Frankly, which the death penalty has been adminis- alty. The report raises serious concerns there are instances where people have tered have become more apparent. about the fairness of the application of shown up inebriated and unable to She also said: the death penalty and about whether carry out their functions in court. Perhaps most alarming among these is the justice is being fairly applied. That Sometimes their failures are simply as fact that if statistics are any indication, the commission came back with a number a result of carelessness, or lack of prep- system may well be allowing some innocent of very important recommendations aration, or inexperience, or a failure to defendants to be executed. and movement for reform. find and interview key witnesses, a Madam President, I call on Congress In light of that report, I wish to take failure to thoroughly read the case law, to heed Justice O’Connor’s warning and this opportunity to truly underscore and a failure to object to unreliable follow the example of the State of Illi- the effort Senator FEINGOLD has made evidence. They make a variety of mis- nois. My bill—a bill that I am working to raise the level of discussion about takes.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2694 CONGRESSIONAL RECORD — SENATE April 16, 2002 I don’t say this to criticize all de- don’t actually take up this charge of larly like Plattsburgh and Buffalo, but fense attorneys. We accept that most reviewing how we got to this conclu- also other places—Niagra Falls, of them try to do a good job. But in sion. We have a moral obligation to do Messina—and all of the communities many cases where people do not have something about this. along New York’s Canadian border are the economic resources to access the I have joined with Senator FEIN- deeply concerned about how that bor- kind of talent necessary to defend GOLD—and I am proud to do so—in co- der is protected and managed. them, they may be outgunned in a sponsoring legislation to establish a For too long, that has not been a con- court of law. Even if they worked 24 moratorium on all Federal executions cern, but now we know it is, and the hours a day, 7 days a week, they may until a commission, much similar to Federal Government has to step up to just be overwhelmed by the resources the Ryan commission, can be estab- provide permanent, long-term protec- they are fighting against. lished to review the death penalty for tion. Ineffective assistance of counsel is our Nation and impose meaningful re- Homeland security begins with bor- just one reason why innocent people forms that give the public a greater der security. That is why I strongly find themselves on death row. Some- sense that we have a fair and just sys- support this bill and am an original co- times eyewitnesses make honest mis- tem being applied to all Americans. sponsor. It is also why last October, takes. Sometimes witnesses give false This would not lead to the release of after the terrible attacks of September testimony to protect their own hide, any convicted criminals or threaten 11, I wrote to Director Ridge asking such as jailhouse informants seeking public safety in any way. It would sim- that he create a position within the Of- reduced sentences. Sometimes prosecu- ply ensure innocent people are not put fice of Homeland Security devoted to tors engage in misconduct by with- to death and that the principles we be- our northern border and all the issues holding evidence that could help the lieve in—fairness and rule of law— with Canada about which we are con- defendant’s case and not following the apply. cerned to centralize those issues so rule of law, which is what we are all ex- I urge my colleagues to support this there would be one person to whom we pected to do. Any of these factors can legislation. Again, I express my sincere could go to deal with our various con- lead to a wrongful conviction. And now appreciation for the leadership of Sen- cerns. This legislation attempts to we have 100 examples of the cir- ator FEINGOLD in this critically impor- begin to address these concerns. cumstances that can provide for that tant matter. What does it do? First, it authorizes reality. I thank the Chair. I yield the floor. funding for this year and the next 4 A system that wrongly sends 100 peo- The PRESIDING OFFICER. The Sen- years for an additional 200 INS inspec- ple to death row can be called a lot of ator from New York. tors and 200 INS investigators over the things, but ‘‘fair’’ and ‘‘equitable’’ and Mrs. CLINTON. Madam President, I amount already authorized in the ter- ‘‘just’’ are not among them. In fact, commend my colleague from New Jer- rorism bill for the next 5 years. In- our criminal justice system is badly sey and my colleague from Wisconsin creased funding is also authorized for broken, in my view. Before we send any for raising this very important issue. It training facilities and security-related more innocent people to death row, we deserves the attention of every Amer- technologies for INS agents. need to fix it. That was clearly the con- ican, not just those who serve in this Second, it enhances information clusion reached by the commission of body. sharing. It contains provisions that distinguished experts appointed by f concern how we get information that is Governor Ryan. The Ryan commission critical to law enforcement available ENHANCED BORDER SECURITY was in charge of examining how the to all the Federal agencies and State AND VISA ENTRY REFORM ACT death penalty system is working in Il- and local law enforcement personnel linois. But its conclusions, no doubt, Mrs. CLINTON. Madam President, who need to know what should be done are applicable to the Nation as a whole. today I rise to address the importance to protect us and apprehend any viola- The commissioners were unanimous of another critical issue, and that is tors. The INS, the Border Patrol, the in agreeing that the death penalty had the Enhanced Border Security and Visa Customs agents, the FBI—all of us been applied too often and that the sys- Entry Reform Act of 2001. I believe this need to have better cooperation. tem is in need of reform. I think there measure needs to be passed as soon as In October of last year, I also intro- were 13 overturned death penalty con- possible. duced a bill, along with my colleagues, victions in Illinois out of the total of 25 Why? Perhaps I speak from a some- Senators SCHUMER, LEAHY, and HATCH, before the commission went to work. what parochial perspective, but rep- that authorizes and encourages Federal Clearly, there were problems in Illinois resenting New York, which is one of intelligence agencies to share relevant and the Governor should be com- our border States, gives me a firsthand information with State and local offi- mended for recognizing that and mov- view and understanding of the chal- cials whenever appropriate. It is impor- ing forward. lenges we face in trying to make our tant, if something is known in one Fed- Now we need to do that as a nation. northern border as safe and secure as eral agency that could affect residents That commission called for a broad possible. of Niagra Falls, that information be range of specific changes. These in- The nearly 4,000-mile-long U.S. bor- shared in a timely manner. clude video taping the questioning of der with Canada is about twice the This reform act directs Federal law capital suspects in a police facility, length of the U.S. border with Mexico, enforcement and intelligence agencies barring capital punishment based ex- but until very recently it has received to share information with the INS and clusively on the testimony of single but a fraction of the resources avail- the State Department about the admis- witnesses—particularly witnesses who able for border security. sibility and deportation of non-U.S. are jailhouse convicts—eliminating the According to a July 2001 report from citizens. death penalty for people who are men- the Justice Department’s Bureau of It also calls upon the President to re- tally retarded, and requiring trial Justice Statistics, fewer than 4 percent port regarding admission- and deporta- judges to agree with the jury about the of all the Border Patrol agents work tion-related law enforcement and intel- imposition of a death sentence. along the northern border. ligence information needed by the INS I hope all of my colleagues will take Of course, until recently, we did not and the Department of State to develop a look at the Ryan commission’s report have to worry too much about our a formal information sharing plan. and think hard about the need to re- northern border. It has historically Third, it addresses the issue of what form our criminal justice system, to been the longest, most peaceful border is called ‘‘interoperability’’ of the INS think about the fairness that is funda- in the entire world. Certainly, New systems. That is a long word which de- mental to what America is about. York has a great stake in having a scribes that sometimes the right hand Make no mistake, it is an enormous in- peaceful border, one that goods and of INS does not know what the left justice when the death penalty is im- people can cross easily because there is hand or the left foot is doing. That is posed based on false information. so much traffic between our two coun- why we ended up with this absurd situ- Innocent people have been sent to tries that goes through our heavily ation in which the INS issued a visa for death row and there will be more if we trafficked crossings, places particu- Mohamed Atta months after he piloted

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2695 one of those planes into the World notify the INS of the failure of such a after 18 days, that we are going to have Trade Center Towers. It was a terrible student or an exchange visitor to en- the great amendment on ANWR. After mistake that never should have hap- roll within 30 days of the registration all this time and all the promises, I pened. deadline. think it is finally coming up. We are The problem is the databases and Education is a privilege, and we are looking with anticipation to this data systems do not talk to each other; very pleased that in our country we amendment and this debate because they are not up to speed. They would offer so many first-rate educational in- this is really what we have been wait- not even pass muster in most busi- stitutions to students from around the ing for on the bill. We have been told nesses in America today. This bill calls world, but again we have to be smart that if we focus on what the Repub- upon the President to develop and im- about this. We cannot let anyone take licans want on this bill, we will finally plement an interoperable law enforce- advantage of our openness. We have to get the opportunity to debate it. ment and data system for visa admissi- have a system so if someone says he or The reason I say that—and the Chair bility and deportation determination she is coming to study at one of our recognizes I am being a little face- purposes. The INS must integrate their universities, that is not the end; that is tious—is that I have been out here systems. They have antiquated sys- the beginning of the process to deter- many different days asking, When? tems that do not do the job, that can- mine whether that actually is the fact Today? If you don’t offer it, we are not even talk to each other. or whether, as we unfortunately going to offer it—and all of these dif- It also requires the State Depart- learned post-9–11, there are people who ferent things we have tried to do to get ment, upon issuing a visa, to provide claim to be coming to this country to something moving forward on this leg- the INS with an electronic version of be students and that is not their inten- islation. But I do say I am glad it is fi- the alien’s visa file before the alien en- tion whatsoever. nally going to be offered. It is my un- ters the United States. In addition to These are a few of the many provi- derstanding it will be offered momen- addressing this issue of interoper- sions in this bill that I believe would tarily. ability, the bill also requires relevant make us a safer nation by securing our I say that because even though the Federal agencies to work toward im- borders. There are probably no people Alaska wilderness is far removed from plementing an integrated entry and in our country more committed to the State of Nevada where I was born exit system and to move toward devel- passing this legislation than the Fami- and raised, the two climates are much oping and using tamper-resistant, ma- lies of September 11. I have heard from alike in the sense that they are both chine-readable documents containing a number of the widows and parents of delicate. People think that Nevada biometric identifiers. victims who have made it very clear deserts can be easily disturbed and If we are able to put into the sky this is their top priority. MaryEllen that it doesn’t matter. In the past, our robot-controlled, predator aircraft to Salamone, whose husband John was beautiful deserts have been treated track down and take out enemy artil- killed by the terrorists on September that way in many respects. Right near lery installations, we ought to be able 11 at the World Trade Center, was in Searchlight where I was born and to figure out how to have a decent data Washington this past Friday rep- raised, during the Second World War system for the INS that can provide in- resenting Families of September 11 to when we had the South African cam- formation to us and uses biometric urge us to act. She appeared before the paign, the troops who were going over- identifiers right here on the ground to Immigration Subcommittee of the Ju- seas trained right below Searchlight. track down, deport, or arrest wherever diciary Committee and said that all of You can still see today the tank tracks necessary anyone who intends to do us us need to heed the warnings we now through some parts of that country. harm. know were flashing but no one could Even though it is very arid, disturb- Next, we have to have the assurance see them, read them, understand or ance takes a long time to get rid of in that citizens of countries that sponsor apply them, so that we must now act to the desert. terrorism will not be allowed to enter make sure nothing like this can happen We have in the desert what was this country unless the Secretary of again. called Camp Ibis. In that whole area, State determines that the person seek- The legislation is long overdue. It is there were about 2 million men train- ing entry does not pose a security much needed, and I call upon all of our ing for the Second World War and for threat to the United States. colleagues to support it as soon as pos- campaigns around the world. We had, We have made it very easy for people sible. of course, the gunnery range. It was to come back and forth. That is the f called the Las Vegas Gunnery Range, American tradition. Unfortunately, which is now Nellis Air Force Base. We what we learned on 9–11 is that some RECESS had Indian Springs Air Force Base, people in some countries take advan- The PRESIDING OFFICER. Under Stead Air Force Base, the Fallon Naval tage of our hospitality and our wel- the previous order, the hour of 12:30 Training Center, and the Hawthorne come to the United States. We have to p.m. having arrived, the Senate will Ammunition Depot. Then of course in support this provision which starts now stand in recess until the hour of the high desert in Nevada, we had the from the premise that if you are com- 2:15 p.m. today. Nevada Test Site where, to this point, ing from a state-sponsored terrorism Thereupon, the Senate, at 12:33 p.m., almost 1,000 nuclear devices have been base, even if you are totally innocent— recessed until 2:15 p.m. and reassem- set off above ground and underground. you have nothing to do with the intel- bled when called to order by the Pre- People have come to recognize that ligence services, you have nothing to siding Officer (Mr. EDWARDS). the desert is not a place you can easily do with terrorism—the burden is on The PRESIDING OFFICER. In my disturb without having a long-lasting you. We need to shift that presumption capacity as a Senator from the State of impact. to make sure we are not letting in peo- North Carolina, I suggest the absence Outside the home I have in Search- ple who are part of a terrorist network. of a quorum. light, there are old Joshua trees and Finally, with respect to foreign stu- The clerk will call the roll. yucca trees. We also have creosote dent visas and exchange visitors, the The assistant legislative clerk pro- bushes, or greasewood trees. They are bill requires the Justice Department to ceeded to call the roll. especially beautiful when it rains be- develop an electronic means of Mr. REID. Mr. President, I ask unan- cause of the smell. The aroma that verifying and monitoring the Foreign imous consent that the order for the comes off those bushes is interesting. Student and Exchange Visitor Informa- quorum call be rescinded. You have bushes of all sizes, and those tion Program, including aspects of doc- The PRESIDING OFFICER. Without that are high off the ground are more umentation and visa issuance, U.S. ad- objection, it is so ordered. than 100 years old. Sometimes they are mission, institution notification, docu- f older than that. They grow little by mentation transmittal, registration, little because there is no water in the and enrollment. THE ANWR AMENDMENT desert. All educational institutions at which Mr. REID. Mr. President, it is my un- My point in comparing the Alaska foreign students are registered must derstanding today is finally the day, wilderness to what we have in Nevada

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2696 CONGRESSIONAL RECORD — SENATE April 16, 2002 is that we have to be very careful how nerships for fiscal years 2002 through 2006, The Senator from Alaska [Mr. STEVENS] we handle and protect it. A majority of and for other purposes. proposes an amendment numbered 3133 to the people in America do not want the Pending: amendment No. 3132. ANWR disturbed because they believe Daschle/Bingaman further modified Mr. STEVENS. Mr. President, I ask there are areas that we should leave amendment No. 2917, in the nature of a sub- unanimous consent that the reading of pristine and untouched. People thought stitute. Kerry/McCain amendment No. 2999 (to the amendment be dispensed with. that in Nevada it didn’t matter that amendment No. 2917), to provide for in- The PRESIDING OFFICER. Without the desert tortoise needs lots of open creased average fuel economy standards for objection, it is so ordered. space. We call them turtles, but the passenger automobiles and light trucks. proper name is desert tortoise. There Dayton/Grassley amendment No. 3008 (to (The text of the amendment is print- was a time when they were placed on amendment No. 2917), to require that Federal ed in today’s RECORD under ‘‘Text of the endangered list. To protect these agencies use ethanol-blended gasoline and Amendments.’’) turtles, we have had to really do lots of biodiesel-blended diesel fuel in areas in which ethanol-blended gasoline and bio- The PRESIDING OFFICER. The Sen- things differently. Because of the press diesel-blended diesel fuel are available. ator from Alaska. of population, we are killing these ani- Lott amendment No. 3028 (to amendment Mr. MURKOWSKI. The underlying mals. And extinction is forever. That is No. 2917), to provide for the fair treatment of amendment was introduced by Senator what we have to recognize. Presidential judicial nominees. I will say what I have said here on a Landrieu/Kyl amendment No. 3050 (to STEVENS, myself, and Senator BREAUX number of occasions. Out of 100 percent amendment No. 2917), to increase the trans- and, as a consequence, I think deserves of the total oil reserves in the world, fer capability of electric energy transmission some explanation relative to the spe- systems through participant-funded invest- America, including ANWR, has 3 per- cifics that are in the underlying ment. amendment. cent of the oil reserves; 97 percent of Graham amendment No. 3070 (to amend- the oil reserves are elsewhere. Kuwait ment No. 2917), to clarify the provisions re- The items for consideration, some of and Saudi Arabia have about 47 per- lating to the Renewable Portfolio Standard. which were in H.R. 4, include specifi- cent. As you know, not only do they Schumer/Clinton amendment No. 3093 (to cally a 2,000-acre limitation on surface have large quantities of oil, but it is amendment No. 2917), to prohibit oil and gas disturbance. Specifically, an export drilling activity in Finger Lakes National ban of any oil from the refuge cannot very easy to get out of the ground. Forest, New York. My point is that we must maintain Dayton amendment No. 3097 (to amend- under any circumstances be exported, some of our pristine wilderness areas. ment No. 2917), to require additional findings with the provision of authority for ex- One of those we are going to protect is for FERC approval of an electric utility ports to Israel. Further, we would ex- ANWR. merger. tend the U.S./Israeli oil supply arrange- Eighty-seven percent of the land in Schumer amendment No. 3030 (to amend- ment, which is due to expire in the the State of Nevada is owned by the ment No. 2917), to strike the section estab- year 2004, to the year 2014. Federal Government. We are a very lishing a renewable fuel content requirement for motor vehicle fuel. We would further have a wilderness densely populated State. People do not Feinstein/Boxer amendment No. 3115 (to increase designation, adding a million understand that. Most say that we are amendment No. 2917), to modify the provi- and a half acres of wilderness from the the most densely populated State in sion relating to the renewable content of current refuge management in the America. Why? Because 90 percent of motor vehicle fuel to eliminate the required southern portion of the refuge. the people live in two metropolitan volume of renewable fuel for calendar year areas—Reno and Las Vegas. 2004. Finally, there would be a Presi- Eighty-seven percent of Nevada is The PRESIDING OFFICER. The Sen- dential finding—and this Presidential owned by the Federal Government. ator from Alaska. finding is quite specific that the refuge What does that mean? It means that 87 AMENDMENT NO. 3132 TO AMENDMENT NO. 2917 would not be open until the President percent is as much yours as it is mine. (Purpose: To create jobs for Americans, to makes a finding it is in the national se- I think we should do what we can to reduce dependence on foreign sources of curity interest of this Nation. get more of that land into the private crude oil and energy, to strengthen the There would also be a triggering sector. But I recognize that federal economic self-determination of the Inupiat mechanism such as energy supply, lands are as much yours as they are Eskimos and to promote national security) threat to strategic reserves not suffi- mine. That is the same as the ANWR Mr. MURKOWSKI. Mr. President, I cient to cover. wilderness. That land is as much mine send an amendment to the desk and ask for its immediate consideration. I encourage my colleagues to reflect as it is the Senator from Alaska. a little bit on how the underlying I am going to do everything I can to The PRESIDING OFFICER. The clerk will report. amendment was constructed. A great protect that pristine wilderness be- deal of time went into this effort by cause we don’t have many areas in the The legislative clerk read as follows: The Senator from Alaska [Mr. MUR- Members of both parties. I know there whole world that are pristine, let alone has been some frustration about the in the United States. KOWSKI], for himself and Mr. BREAUX, pro- poses an amendment numbered 3132 to manner in which this amendment has I suggest the absence of a quorum. amendment No. 2917. The PRESIDING OFFICER. The been brought before the body, and I clerk will call the roll. Mr. MURKOWSKI. Mr. President, I know there is a question of why we The assistant legislative clerk pro- ask unanimous consent that the read- simply do not introduce the House- ceeded to call the roll. ing of the amendment be dispensed passed bill, H.R. 4. Mr. MURKOWSKI. Mr. President, I with. The reason is very simple. We have ask unanimous consent that the order The PRESIDING OFFICER. Without taken a radically different approach for the quorum call be rescinded. objection, it is so ordered. because, as I have indicated in my (The text of the amendment is print- The PRESIDING OFFICER (Mr. CAR- opening remarks, the amendment we ed in today’s RECORD under ‘‘Text of PER). Without objection, it is so or- offer today does not open ANWR, per Amendments.’’) dered. se. Let me repeat, the amendment does The PRESIDING OFFICER. The Sen- f not give the authority to open ANWR. ator from Alaska. NATIONAL LABORATORIES PART- Rather, the amendment grants the AMENDMENT NO. 3133 TO AMENDMENT NO. 3132 NERSHIP IMPROVEMENT ACT OF President the authority to open the (Purpose: To create jobs for Americans, to area for safe exploration only if he 2001 strengthen the United States steel indus- The PRESIDING OFFICER. Under try, to reduce dependence on foreign makes a determination it is in the na- the previous order, the Senate will now sources of crude oil and energy, and to pro- tional security interest of this country. resume consideration of S. 517, which mote national security) Obviously, the President has the the clerk will report. Mr. STEVENS. I send to the desk an power, given to him in the Constitu- The assistant legislative clerk read amendment to the Murkowski amend- tion, for extraordinary responsibilities as follows: ment No. 3132. associated with the decisionmaking A bill (S. 517) to authorize funding the De- The PRESIDING OFFICER. The process, and it is clearly appropriate in partment of Energy to enhance its mission clerk will report. this time of crisis that the President be areas through technology transfer and part- The legislative clerk read as follows: given that authority.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2697 I think it is fair to say for far too els the snow off the sidewalks in that ality. It is almost 30-year-old tech- long Congress has proved itself incapa- community. Those are happy Eskimo nology. If we have an opportunity to ble of dealing with extreme and dif- kids who dream about a better life. develop ANWR, we can make that foot- ficult issues that have difficult polit- They dream about having running print much smaller because we went in ical consequences, and this clearly is water and sewer lines. 30 years to another field called Endi- one of those issues. However, at this Let me show you a honey bucket. cott, which was 56 acres and produced time in our Nation’s history we can no Many Members dismiss this, suggesting 100,000 barrels a day, coming on as the longer afford, for our national security, this is a Third World situation, not 10th largest producing field in North to be held hostage to the massive something that occurs in the United America and now is the 7th largest. disinformation campaigns of some of States. It does occur. It occurs in my Getting back to a meaningful com- the extreme environmental groups. So State of Alaska. I will share it. It is parison, if indeed the estimated re- we must move on. That is the responsi- not the most pleasant sight in the serves are somewhere between 5.6 and bility of each Member of this body. world, but it represents a reality, the 16 billion barrels, if it is half, that is Some who oppose opening ANWR are reality of a people who want a better roughly 10, and what was Prudhoe Bay perhaps on autopilot right now and are lifestyle and jobs and opportunities as- supposed to be? It was supposed to be 10 gearing up for their rebuttals, but I ask sociated with oil development. That is and it is now supplying its 13th billion them to stop for a few moments and a honey bucket. We don’t have to look barrel. When people say it is insignifi- listen to what conditions must be met at it too long. It is not too pleasant. cant, is 25 percent of the total crude oil should the President decide this action This area is permafrost. That means produced insignificant? is in the national interest of the Na- the ground is frozen year-round. Water There is more oil in ANWR than tion because many of those who will be and sewer lines can only be obtained at there is in all of Texas. I don’t know opposed to this amendment do not great costs. We have that in Barrow, what that means to my Texas friends, know what they are fighting about. AK. but it is a reality. If development is moved forward, the It is important to see the contrasts This is a jobs issue. This is a jobs following conditions must be met: As I in the Arctic. Contrast the develop- issue associated with project labor indicated, only 2,000 acres of surface ment of the responsible residents of the agreements. This pipeline simply can- disturbance on the Coastal Plain can Arctic Eskimos and primarily those in not be built without the very impor- occur. We have a chart that shows Barrow, Wainwright, and other vil- tant labor unions and their members. what the footprint is. It shows the en- lages. You cannot go further north We don’t have the skills. Only orga- tire area of ANWR, which is roughly 19 than Barrow, without falling off the nized labor has the skill. It is a very million acres, which equates to the size top. The significance is that commu- significant jobs issue. That is why vir- of the State of South Carolina. It also nity has a tax base, revenues. They tually every union supports this effort. recognizes there is within that 19 mil- have jobs. They have running water There is another issue that has lion acres both wilderness and refuge. and sewer lines, things we take for clouded a lot of the debate. That is the We are proposing to add to the wilder- granted. issue of oil exports. I have heard time ness. We are going to increase it from In this debate, few Members are and time again: You will develop this 8 million acres to 9.5 million acres, and going to get down into the earthy area and export the oil to Japan. That we are going to reduce the refuge by issues of what the people of my State is a fallacy. We have not exported one that amount. So we are increasing the want. That is a little beneath the ech- drop of oil to Japan or any other na- wilderness. elon around here, but it should not be. tion since 2 years ago last June. We What does 1.5 million acres equate These are American citizens. Their provide Hawaii with oil. to? The green area is the 1002 ANWR dreams are like yours and mine. Where does our oil go? From Valdez, Coastal Plain. We are adding wilder- This map shows a small footprint in AK, down the west coast of the United ness equal to that amount. That is the a very large area. We need to recognize States, about half of it goes into Puget significance of what we believe is a re- the arguments of today as opposed to Sound. Some of it goes into Oregon in- sponsible proposal that addresses the the arguments of the late 1960s. We directly because Oregon doesn’t have concerns of many who say in this area built an 800-mile pipeline, from refineries. The rest of it goes down to where you are proposing drilling in 1.5 Prudhoe Bay to Valdez. It is 800 miles San Francisco and Los Angeles where million acres there should be some con- long. It is one of the construction won- it is refined. That is where the oil goes. sideration to more wilderness. ders of the world at a cost of $7.5 to $8 We also have an exclusion for Israel The authorization of the footprint in billion. It was supposed to come in at from the export ban, and we would ex- the 1.5 million acres is limited by the under $1 billion. The pipeline has tend the U.S. oil supply arrangement House bill, limited in this Senate bill, moved 20 to 25 percent of the total with Israel for 10 more years. The expi- to 2,000 acres, roughly 3.13 square crude oil produced in this country in ration date is 2004; we will extend it to miles. The area proposed is the little the last 27 years. It has been bombed; it 2014. red dot. It would be similar to a post- has survived earthquakes. Let me talk about environment pro- age stamp being dropped on the floor of It has accommodated some of the tections, export, labor agreements, and the Senate Chamber. That is what we animals. I will show Members what the so forth because the amendment in- are looking at. bears think of the pipeline. They are cluded almost 20 pages of carefully For those under the misunder- going for a walk. Why are they walking drafted environmental standards that I standing that this area of ANWR is un- on the pipeline? It is easier than walk- suspect all 100 Senators should favor. touched, let me show a few pictures of ing in the snow. There is a compat- These came in from environmental the actual footprint. There is the vil- ibility there because no one is shooting groups, from the Department of the In- lage of Kaktovik. There are roughly those bears. They blend in with the terior, from the State of Alaska, the 3,000 people in that village. They are modest amount of activity. Governor, and many others. Among American citizens, Alaskans. They I point out that the infrastructure is them are the imposition of seasonal have dreams for a better lifestyle, job already in place. The 800-mile pipeline limitations to protect denning and mi- opportunities, running water, things is operating at half capacity. The pros- gration. we take for granted. That is their com- pects for finding a major discovery of Let me show the area in the winter- munity. It is in ANWR. They feel very oil in the 1002 area, according to the time so you have an idea of what it is strongly about supporting this because geologists, range somewhere between like about 10 to 10 1⁄2 months a year. It it improves their lives and improves 5.6 and 16 billion barrels. That is a lot is a very harsh environment. Very opportunities for their children, includ- of oil. harsh. There are no trees. There is ice, ing educational opportunities. But it is nothing if you don’t com- snow, and occasionally when there is a This is a picture of the village meet- pare it to something. What can you whiteout, it looks like the other side of ing house in Kaktovik. Those are real compare it to? Let’s try Prudhoe Bay. the chart. One cannot see the dif- people, real kids. We have pictures of Prudhoe Bay is the largest oilfield in ference between the sky and the land. real kids going to school. Nobody shov- North America. That is the harsh re- As a consequence, it is very hazardous

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2698 CONGRESSIONAL RECORD — SENATE April 16, 2002 to fly in unless you are an experienced dependence are and the recognition fears when it issued a statement saying instrument pilot. that this is probably more important ‘‘use oil as a weapon in the battle with The point is, the limited activity as- now than ever, as we look at the chaos the enemy.’’ Of course they meant sociated with ANWR is primarily in in the Mideast. Within the last few Israel. Outrageous statements such as the very short spring when there is a days, more than 30 percent of our oil these confirm what we have been say- migration through the area. There is imports are currently threatened with ing all along: We simply must not rely not going to be any development. the self-imposed Iraqi embargo, and on Iraq. We must reduce our depend- There is not going to be any activity. God knows what the political upheaval ence on foreign oil. That is why the imposition by the Sec- in Venezuela will lead to, plus what is What is the estimate? USGS, the De- retary of seasonal limitations is so im- going on in Colombia with threats to partment of the Interior, suggest that portant. It is prudent management. the pipeline. Those countries export a we could, by opening ANWR, reduce Further, there is a requirement of large amount of crude oil to the United our current dependence, which is 1 mil- the lessees to reclaim the leased land. States. The point is, we can no longer lion barrels a day from Iraq. That If oil is developed there, it is going to rely on a stable supply of imported oil. would provide this Nation with a 40- have to all be reclaimed. It further re- I would like to refer to artwork year supply, equal to what we import quires the use of the best commercially painted by a famous artist who hailed from Iraq. Last year we sent Iraq over available technology. That means the from New England, the State of $4 billion. industry has to go out and get the very Vermont. It was painted by Norman Here are the crude oil imports from best. Rockwell for the U.S. Office of War in Iraq to the United States in 2001: 283 It requires the use of ice roads, ice 1943, entitled ‘‘Mining America’s Coal.’’ million barrels. It has gone up each pads, and ice airstrips for exploration. There is the coal miner. It is a picture month. In December it was 1.1 million Let me show you what an ice road of a coal miner, and you notice his blue a day. looks like. That is an ice road. It is star pin, which shows he had two sons Look at the irony of what happened going to a well in the Arctic, in the in the war. This type of poster was dis- in September. In September we had an Prudhoe Bay area. For those who sug- played in America’s places of work— all-time high of almost 1.2 million bar- gest there is something unique about the shipyards, the factories—specifi- rels a day from Iraq. We all know what the Prudhoe Bay area vis-a-vis the cally to encourage war-related indus- happened in September. Kaktovik area—it pretty much looks tries to increase output. We have a photo of our friend Sad- the same. We are at war now. Where are the dam Hussein up here. Here he is: Amer- The interesting thing here is this is posters? Developing our own resources ican families count on Saddam Hussein new technology. We did not use that in is just as important as it was in World for energy. Prudhoe Bay because we did not have War II. We need oil to transport our Every time you go to the gas station, it. Now it is ice roads. You make your families, but we also need it to trans- you are in effect funding Iraq, and Iraq roads out of ice—very limited activity. port our troops, and we are going to is funding terrorism. Is there a connec- One of the provisions is to prohibit need it in the future. The reality is tion there? Members say: Senator MUR- public use on all pipeline access or that air power and naval power cannot KOWSKI, this is not going to replace our service roads. So you are not going to function without oil. In spite of what dependence on foreign oil. I certainly have visitors, hunters, fishermen, and we create around here, you do not fly acknowledge that. But it is going to re- so forth. out of Washington, DC, on hot air. The duce it. It is going to send a very I think we have another chart that Navy no longer uses sails; it is oil. strong message to the cartels of OPEC, shows what the same area looks like in While the public can generalize about and the other nations upon which we the summertime. That is roughly 2.5 alternative energy sources, the world— depend, that we mean business about months of the year. That is all we real- and the United States—moves on oil. reducing our dependence on imported ly have, free of ice and snow. You can We wish we had another alternative, oil. see the small lake—there is a little but we do not. In the meantime, the In 2001, America imported a total of well there. That is a pretty small foot- Third World developing countries are 287.3 million barrels of oil from Iraq. print. I have heard people say you are going to require more oil, and so this Looking at a map of imports, according going to have jet airports, you are Nation becomes more vulnerable unless to the Energy Information Administra- going to have cities. That is absolutely we are committed to reduce our de- tion, you ought to know who gets some preposterous. pendence on imported oil. of their oil. There are different States. Further, it requires there be no sig- Some would hint that wind power is I will identify some of the States be- nificant adverse effect on fish and wild- viable as an alternative to oil. As I said cause it causes a little reflection. That life, which is referred to many times before, you are not going to be able to is just what it should cause. throughout this amendment, and it re- move troops on wind power or solar Mr. President, 48.1 million barrels of quires consolidation of facility siting. power. You are going to need oil. Iraqi oil were imported into California; It requires the Secretary of the Inte- As we look at our relationship with 4.9 billion barrels of Iraqi oil were im- rior to close certain special areas of Iraq, opening ANWR will certainly ported into New Jersey; 11⁄2 million unique character and maybe close addi- make us less dependent on countries barrels into Minnesota; Washington; tional areas after consultation with such as Iraq. and the list goes on. Don’t think some- local communities. Let me show you a picture of our body else is getting the oil. It is going Finally, surface disturbance of 2,000 friend Saddam Hussein. There he is. I into all of the States in red—New Jer- acres of the Coastal Plain—2,000 acres do not know how much attention is sey, Ohio, Indiana, Illinois, Kentucky, out of 1.5 million acres in the Coastal going to have to be given by America Missouri, Minnesota, Arkansas, Mis- Plain. And we are adding 1.5 million and its elected leadership to recognize sissippi, Louisiana, and Texas. That is acres of wilderness. That footprint is what this means. Saddam Hussein is where it is going. the size of a postage stamp on this saying: Oil as a weapon. To make matters even worse, Sad- floor. What was the last experience we had dam Hussein recently announced that Let me chat a little bit about na- with a weapon? It was three aircraft he is increasing money relative to the tional security because I think that is used as weapons. What happened? Ca- suicide bombers from $10,000 to $25,000. germane to our consideration. This tastrophe for America. America will We revolt at even the thought of that. amendment is a matter of national se- never be the same: The two trade tow- But you have to recognize that is an curity. I do not think we really reflect ers are gone; the Pentagon; the heroic incentive, and it is still going on. Since on the fact that this Nation is at war. effort to try to take over the control of the prices have been raised in the last Just 7 months ago, our Nation was the aircraft that crashed in Pennsyl- month, we have had at least 12 suicide under attack. Regarding our depend- vania. Aircraft are now weapons of bombers who have been successful in ence on foreign oil, that attack has war. Oil is a weapon of war. their acts of terrorism in Israel. Sad- brought forth more and more aware- On the first day of April, Iraq’s rul- dam Hussein is rewarding the acts of ness of what the merits of reducing our ing Baath Party confirmed our worst murderers who are spreading terrorism

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2699 throughout the free world. One won- that as we import oil from Iraq, we are flagged vessel. There are as many as 19 ders if it will come to the shores of the also enforcing an aerial blockade and new double-hull tankers to be con- United States. the no-fly zone over Iraq. We have structed. That means jobs in America’s As Defense Secretary Donald Rums- bombed them three times already this shipyards—big jobs, good-paying jobs. feld said: year. We take his oil, put it into our This is the largest contribution of ton- Saddam’s payments promote a culture of airplanes, and go bombing. That may nage to the American merchant ma- political murder. be an oversimplification with which rine. That is a pretty harsh statement. It the State Department would argue. Mr. KERRY. Mr. President, could I comes from our Defense Secretary. I But, by the same token, what does just ask a strictly procedural question couldn’t agree more. With facts such as Saddam Hussein do with his money? He of my colleague? these, it is impossible for me to imag- keeps his Republican Guard well fed, Mr. MURKOWSKI. Please, without ine why we would want to send one and they keep him alive. He develops losing my right to the floor. more American dollar to this man. weapons of mass destruction, and aims The PRESIDING OFFICER (Mr. I just looked at an article that ap- it at whom? We know he has a missile JOHNSON). The Senator from Massachu- peared today, April 16, in the Wall delivery system capable of going to setts. Street Journal. It is entitled ‘‘Iraqi Israel. We know he is developing bio- Mr. KERRY. Mr. President, I ask my President Saddam Hussein Praises Sui- logical weapons. We suspect he might colleague—so we can try to get a sense cide Bombers, Urges Iran Oil Halt.’’ be developing nuclear weapons. of planning how we will proceed—what It said: When are we going to address that he would anticipate in terms of how Iraq’s President Saddam Hussein who threat? That is a real responsibility for long he thinks he may be presenting sends cash to the families of Palestinian sui- our President because, as we have seen the amendment. Then we can get a cide bombers reiterated his support for the with the tragedies associated with Sep- sense of how we might go forward. attacks, Iraqi media reported Tuesday. The tember 11, had we known, we would Mr. MURKOWSKI. Mr. President, I Iraqi leader during a meeting with military have taken action to prevent that. The will probably be talking for another 20 officers and engineers on Monday night— same set of circumstances apply to minutes or thereabouts. There is a sec- today is Tuesday, Mr. President—said, ‘‘Sui- cide attacks were legitimate means used by Saddam Hussein. There have not been ond degree pending, and Senator STE- people whose land is being occupied.’’ U.N. inspectors in Iraq for over 2 years. VENS is anticipating recognition to Moslems have been divided over suicide He is in violation of his agreement talk about his second degree so I am bombings, with some saying Islam forbids with the U.N. He is a threat to the guessing probably an hour. any suicide, others condemning bombers for world, and we are still depending on Mr. KERRY. Mr. President, I thank attacking civilians, and others, such as Sad- him. the Senator from Alaska very much. dam, supporting them without reservation. Wake up, America. It is time. And I thank the Chair. Saddam has made payments up to $10,000 to In addition to the amendment being The PRESIDING OFFICER. The Sen- families of Palestinian suicide bombers since about national security, it is also the Israeli-Palestinian clashes began in Sep- ator from Alaska. tember 2000. about the economic security of this Mr. MURKOWSKI. I thank the Chair. In his comments on Monday, Saddam also country. It is projected to create jobs— Mr. President, let me again make ref- urged Iran to follow Iraq in cutting off oil real jobs. We just came from a rally erence to the creation of what this exports for 1 month to support the Palestin- outside. We had organized labor in sup- would do for America’s merchant ma- ians and to return 140 Iraqi warplanes and ci- port of this issue. We have had the vet- rine. vilian planes that escaped to Iran during the erans saying they would much rather It would result in some 19 new dou- 1991 gulf war. Iran claims only 22 Iraqi see us open ANWR than send American ble-hull tankers to be constructed in planes. He urged the Arab governments not men and women to foreign soil to fight U.S. shipyards, primarily in the gulf to yield to ‘‘U.S.-Zionist blackmail’’ in which Zionism and those from that area are a war over oil. A former Senator in this and the State of California and, I would using Hitler’s deeds against Jews in addition body, Mark Hatfield, made that state- hope, in the State of Maine. to the September 11 order to subdue the ment several times. He said: I will vote It is estimated that these tankers world. for opening ANWR any day rather than will pump about $4 billion into the U.S. Those are the comments of one who sending another American soldier over- economy. That will create about 2,000 obviously is unstable. seas to fight a war over oil on foreign to 5,000 jobs in our shipyards. And this Saddam gets roughly $25,000 from us, soil. isn’t going to require a Government this Nation, for oil every 90 seconds One of the interesting things about subsidy. These are private funds that that pass. That is one homicide bomb- that particular study—jobs in the area will build these ships to haul U.S. oil ing every 90 seconds. Think about it. of 250,000—was it was conducted by a from my State of Alaska to Wash- What are we going to do about it? We Massachusetts firm, McGraw-Hill. The ington, Oregon, and California. are talking about it, but we would like capability of that firm I will leave to Somebody did a little calculation and to ignore it because it is very unpleas- those more qualified than I and who re- figured that is equivalent to 90,000 job- ant. He is rewarding the acts of mur- side in the State of Massachusetts. years just for the construction of the derers who are spreading terrorism. As Some have quibbled about the num- tankers alone. Also, the equivalent in I have indicated, our Secretary of De- bers, but it is a step in the right direc- infrastructure to be used in ANWR will fense called it a ‘‘culture of political tion. Every single new job created is be constructed not in my State but in murder.’’ important, especially in these times, the other States of this Nation—not in There are a lot of tensions in the and especially for those who are in the the Arctic of Alaska. Therefore, Ameri- Mideast. They are rising exponentially unfortunate position of being unem- cans from all over the country will be each day and each hour. Why some of ployed. These aren’t service jobs work- put to work in this effort. my colleagues would be interested in ing at McDonald’s; these are high-pay- The other alternative is to simply continuing our reliance on oil from ing jobs associated with responsible de- send the dollars overseas, which affects that part of the world is simply beyond velopment of our resources—jobs cre- the balance of payments and does not me, especially at this time when we ated throughout America, not just my keep the jobs or the dollars here. can make a commitment to reduce it. State of Alaska. Some opponents note that oil will I, for one, would find it very difficult One thing about the movement of oil, not be flowing the day after the ANWR to go back to my home State of Alaska as I indicated, is that it goes from amendment is passed. But what they and defend that position, especially if I Alaska and down to the west coast of forget is jobs certainly can be flowing had to look into the eyes of a mother the United States where it is con- the day after. Americans could go to or father such as the American de- sumed. But it has to go in U.S. ships work constructing everything that will picted in this Rockwell work who, as that are built in U.S. yards with U.S. be needed. we speak, had a son or daughter over- crews and which carry the U.S. flag be- If you wonder about the numbers, lis- seas fighting for America’s freedoms. cause the Jones Act mandates that the ten to those who are in the business, I have stood on this floor and made carriage of any goods between two the unions. They will benefit from new the comparison time and time again American ports has to be in a U.S.- ANWR jobs, and they have been behind

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2700 CONGRESSIONAL RECORD — SENATE April 16, 2002 this effort 110 percent. And why not? only be a 6-month supply of oil if there It would force increases in fleet aver- These are American jobs. These are was no other oil produced domestically age fuel economy to 36 miles per gallon American unions. They have already and none imported. So that is a falla- by the year 2016. It would cause mas- had almost 30 years of experience in cious argument. sive losses of U.S. auto workers’ jobs, the Arctic in Prudhoe Bay, and they It is also important to look at how roughly 200,000, as the debate pointed know, firsthand, the kind of jobs ANWR will impact our domestic pro- out. It would cost several tens of bil- ANWR will create and they know how duction. Along these lines, it is fair to lions of dollars to the U.S. economy. It to do it right. So let’s put America to recognize the Energy Information Ad- would put American lives at risk in work. ministration—which, by the way, pro- smaller, lighter vehicles. The Senate The things we have to talk about, as vides impartial energy assessment—re- took these concerns into consideration well, are projections because we really cently provided an analysis of ANWR’s when it addressed CAFE several weeks do not know how much oil is in ANWR. effect on domestic oil production. ago and rejected the Kerry amendment. There has only been one well ever This is what it said about the Instead, the Senate voted for the drilled, and it has been on the Native project: Assuming the USGS mean case Levin-Bond approach, which resolved land at Kaktovik shown up there at the for oil in ANWR, there would be an in- the issue in favor of letting the ex- top of the map I have in the Chamber. crease of domestic production by 13.9 perts—not the Congress, the Senate— But there is one well. The results of percent. at NHTSA do their jobs. that well have been kept confidential That is the answer to those who say Opening ANWR doesn’t take away by the Native community, the State of the increase is of no consequence—13.9 jobs or cost lives. Opening ANWR Alaska, and the two companies, the percent. They say: Assuming USGS’s would create jobs for hard-working joint venture. higher case for ANWR, that would be Americans. When we get into the argu- But geologists, based on 2–D seismic, an increase of 25.4 percent of domestic ment of CAFE, be very careful and re- prior to 1980, had some access in the production. An increase of domestic flect on the debate that took place; it area. They have gone back and re- production by 25 percent is certainly would be a convenient copout for the viewed their analysis, and they have significant. argument against reality. The world Let’s put some of the ANWR projec- come to the conclusion that, indeed, moves on oil. America moves on oil. As tions into perspective. this area could contain the largest If ANWR yields the Clinton adminis- the Third World develops, there is amount of oil in North America. tration’s medium estimate of 10.4 bil- going to be more and more require- Some are going to downplay the lion barrels of oil, ANWR would then ments for oil, until such time as we ob- amount of oil in ANWR, but even num- provide—and I want to go to some viously reduce our dependence by in- bers from the Clinton administration, States because it is important that creasing production here at home. the U.S. Geological Survey showed States get some comprehension of how The time to act is now, and for those that the Arctic Coastal Plain clearly much that would provide—it would who suggest that somehow we are rush- was North America’s best bet for a provide Massachusetts with 87 years of ing into ANWR, let me tell you, I have major oilfield. The Clinton administra- its oil needs. That is based on the 117 been in this body for almost 22 years. I tion’s U.S. Geological Survey esti- million barrels used in Massachusetts have been with it all the time and so mated, in 1998, that there was a 5-per- in 1999. It would provide Connecticut has Senator STEVENS and others. cent chance of finding 16 billion bar- with 132 years of Connecticut’s oil Amazingly, some of the biggest oppo- rels, a 50-percent chance of finding 10.3 needs; for South Dakota, roughly 479 nents of ANWR have indicated we are billion barrels, and a 95-percent chance years, based on 21 million barrels it rushing into this issue and we are mov- of finding 5.7 billion barrels. used in 1999. ing it through the system too fast. I want to put this in context. Texas How can Members from those States Nothing could be further from the has proven reserves of 5.3 billion bar- argue that ANWR is not projected to truth. Some of the same Senators have rels. So the projections indicate that have a lot of oil, with those numbers? been involved in this debate for years, ANWR, indeed, has more oil than all of It is a lot of oil. as I have said. You can go back to 1980, Texas. Is that significant to this body? We have heard from Members who when Congress passed the Alaskan Na- Is that significant to Members other are a little disillusioned with the tional Interest Conservation Act and than those from the State of Texas? progress of the energy bill talk about included the section 1002 area, which is Even if the most conservative effort CAFE. They say: The answer is CAFE. up on top in the green on the chart. of 5.7 billion barrels proves to be cor- If we would just go to CAFE, we could The 1002 area required that the De- rect, it would still be the second larg- save millions and millions of barrels of partment of the Interior report to the est oilfield ever discovered in the 100- oil. Congress on the biological resources year history of the U.S. oil industry, I think it is interesting to reflect a and the oil and gas potential on the and it would be second only to what? little bit about CAFE because if the Coastal Plain of ANWR—this green Second only to Prudhoe Bay. If the 5- proposal of increasing CAFE standards area. The Department of the Interior percent estimate proves right—16 bil- is the answer instead of opening extensively researched the issue and, lion barrels—ANWR would be the larg- ANWR, it reflects on a couple realities. after 7 years, a final legislative envi- est field ever found in North America. The Senate has already rejected the ar- ronmental impact statement was sub- To anyone who knows anything about gument, No. 1, and, more importantly, mitted to Congress recommending that oil and gas in this country, these num- the consumers rejected that argument ANWR’s Coastal Plain be opened. That bers are truly staggering. through their purchasing choices. was the Department of the Interior, Some Members have come to this This is important to recognize. The after 7 years of research. Chamber and have argued that there is top 10 most fuel-efficient vehicles ac- Now, when we talk about CAFE and only a 6-month supply there. But I count for less than 2 percent of all ve- about increasing the vehicle fuel effi- would hope all Members have enlight- hicle sales. Think about that. The pub- ciency standard, we want it to be done ened themselves on that argument be- lic has a choice, and the top 10 most rationally, safe—not just picking a cause it is so misleading it hardly fuel-efficient vehicles account for less mileage standard out of the air. bears a response. But for the benefit of than 2 percent of all vehicle sales. We talked about the National High- those who might not have come to What do we want to do here? Do we way Transportation Safety Adminis- grips with it, a 6-month supply as- want to direct the public on what kind tration. We talked about the fact that sumes that there would be no other of automobiles they have to buy? That Democrats and Republicans over- source of oil, no other source imported, is one answer. We could put a tax on whelmingly rejected what was an arbi- no production in this country of any heavier automobiles; that is another trary new standard because it would kind other than ANWR—no imports, no answer. But the proposal they have force American families to buy unsafe domestic supply. been pushing, known as the Kerry cars in the name of fuel efficiency. This is a bogus argument. We are amendment, is simply not acceptable That was a conscious decision. The going to produce oil. We are going to to the American people, as evidenced American people knew we could get continue to import oil. So it would by the vote on the floor of the Senate. higher CAFE, but they didn’t want to

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2701 trade safety for it. As a consequence, I ida and his attitude regarding lease should think it is any better for the don’t want Washington ordering Amer- sale 181 last summer, representing the wildlife than development in ANWR. It ican families to buy certain types of wishes of the people of Florida. As a re- should be noted there are many more vehicles. We can talk about solar and sult of the Florida delegation’s advo- species in the Gulf of Mexico than wind, and that isn’t going to help us in cacy, the lease sale boundaries were there are in ANWR. this argument and we know that. scaled back by the administration. Speaking of other Senators, let’s Now, Congress has addressed ANWR. Senator STEVENS and I are doing the look at the New England States. New At other times, we have had legislation same thing. We are representing the England enjoys the benefit of getting introduced. We have had hearings. In wishes of our State. It is unfair for peo- their natural gas from big offshore 1995, a conference report authorized the ple from other parts of the Nation to platforms off Nova Scotia. When it opening of ANWR and it was passed. So obstruct the will of our citizens. Flor- comes to America getting oil from its in 1995, Congress passed ANWR, but it ida has said ‘‘not in my backyard’’ and own land in ANWR, some of the Sen- was vetoed by the Clinton administra- that is fine. They have a right to do ators from the east coast are trying to tion. If it had not been vetoed in 1995, that, and I respect that. But there is a lead the challenge for the opposition. we would have oil already flowing from bit of a reciprocity here. Alaskans are Although the drilling for natural gas ANWR, as I speak today. willing to have environmentally sound may be offshore, off the coast of Nova Now, there is a projection of revenue exploration take place in their back- Scotia, it requires onshore gas proc- from the sale of royalties and the roy- yard, so why not let them? essing facilities on Canadian land. Re- alty bids, and the lease bids alone will We have a chart that shows develop- member, whatever happens to Canada’s produce roughly $1.5 billion in Federal ment, if you will, on the east coast and environment is closely linked with our funds. This is not with any appropria- the west coast and, hopefully, we have own. If they really thought drilling for tion or authorization. This is the pri- it—yes. I think it represents ‘‘not in energy was so bad for the environment, vate sector funding, if you will, this my backyard.’’ If you look at that they would have sponsored a bill bar- level of activity in bonus bids and roy- chart, you can see the blue area off the ring the Canadian gas from entering alties. Where does the money go? It east coast of the United States. That is the United States. But, obviously, goes into the Treasury basically be- roughly 31 trillion cubic feet of gas. charity begins at home. cause these are Federal lands. This The only problem is, there is no au- If there is concern about the effects amount does not include the billions of thorization or authority for explo- on the environment, I would think dollars that will be generated from roy- ration. That is from Maine to Florida. some of the Senators would have con- alties in the outyears because, again, That is off limits. They don’t want it cerns with the effects of offshore drill- we have been producing in Prudhoe in their backyard. If you go down to ing on New England’s fisheries, but Bay for 27 years, to be exact. the gulf, there is a good portion of it. that is never brought up. When it On the west coast—Washington, Or- ANWR is the only provision in this comes to Alaska, they are standing in egon, and California—no way; no lease bill that generates any revenue. I will the way of something that at least 75 repeat that. In this entire energy bill sales offshore. If you go into the overthrust belt, in percent of Alaskans support. that we have labored over for some 5 Looking at other activities, in the Wyoming, Montana, and Colorado, weeks, ANWR is the only provision State of Massachusetts, the ‘‘big dig’’ there is a significant potential for oil that generates revenue of any con- has been dragging on for years. Some production. It has been withdrawn by sequence, and this is from the private environmentalists are not pleased with the previous administration as a con- sector, not appropriations. Many other sequence of the roadless area language. it, but the ‘‘big dig’’ has not been inter- provisions in this bill do the exact op- If it is not in my backyard, where is rupted. Instead, it has produced thou- posite. They simply authorize new pro- it? One spot, obviously, is Alaska, and sands and thousands of jobs in Massa- grams that would require further Gov- I think we have made the case that chusetts, and that is good for Massa- ernment spending. clearly the State of Alaska supports chusetts, and the Massachusetts Sen- Now, there used to be a policy around this. ators should take credit for it. But why here—and Senator STEVENS is well We have had debates in this Cham- can’t citizens of Alaska be permitted aware of it; he has been here longer ber. I remember when the Senator from the same rights? than I—that was evident when I came California announced her displeasure Finally, let’s not forget the only peo- here in 1981. Senator Scoop Jackson with the current administration’s deci- ple who are located within the bound- was certainly one who fostered it. It sion to appeal a case impacting 36 drill- aries of ANWR are our Native people. was kind of the general feeling that if ing leases off the California shore. She In fact, they reside on their own land. the two Senators from the State sup- stated that there is a disregard for I am going to put up the picture of ported an issue, the consensus was they States to make decisions about their Kaktovik again because I think it is probably knew what was best for their own environment. representative of reality. Many people State and what was best in rep- The Senator from California proposes choose to overlook reality and think resenting the people of that State. So that leases be withdrawn from Califor- there is no footprint, there is nobody don’t forget, there is a States right nia’s coast and swapped to Louisiana’s there. That is not the case. They are issue here. Don’t forget what Alaska’s coast. She actually said: the Inupiats, a proud people, and they attitude in this is. The entire congres- We are going to swap it so that the oil live in the Kaktovik by choice. They sional delegation supports it, including companies can drill where people want them have lived there for thousands of years the Governor, Lieutenant Governor, to drill. and support opening ANWR. and the Alaska State Legislature. Most In other words, the industry can drill They graciously invited some of the importantly of all, the Eskimo people, where there is support for it. Unfortu- most outspoken opponents of ANWR to the residents, of the Coastal Plain and nately, that does not seem to apply to Kaktovik so they could see firsthand nearly 75 percent of Alaskans support Alaska. their way of life. Unfortunately, the it. It is the old saying: Not in my back- Inupiats did not get the courtesy of a There is a photo of some of the Es- yard. The people of Florida and Cali- reply because of the intervention of the kimo kids who are looking to the fu- fornia should remember that if oil is Sierra Club and some environmental ture. They want running water. They not found in other parts of the country, groups who used their influence, if you want to have an educational oppor- there may come a time when we are will—and I am being gracious—to not tunity, a job opportunity. It is impor- forced to explore closer to their shores. allow the people associated with some tant to remember this because on In fact, the Senator from Massachu- of the villages that occupy the many occasions other Senators have setts has suggested we focus on more Gwich’in nation even to go up and look made passionate arguments regarding drilling in the Gulf of Mexico. He has at the prosperity associated with the activities in their States. even called for four times more drilling Eskimos in the Barrow and Wainwright Although we talk about agricultural in the gulf. area. supports, and various other issues, I Drilling in the Gulf of Mexico is fine, A number of invitations have been am reminded of the Senator from Flor- but I do not understand why Members extended to Members of the Senate

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2702 CONGRESSIONAL RECORD — SENATE April 16, 2002 from the Inupiat Eskimos. It is too bad Kaktovik beyond the Brooks Range So this debate should not revolve Senators have not taken them up on outside the ANWR boundary, they have simply around the Gwich’ins, recog- their offer because the Inupiats have a found significant support, an Arctic nizing that many of them do not live very interesting and compelling story village and other villages, the basic near the Coastal Plain. Instead, we to tell. They are for self-determina- traditional home of the Gwich’ins. should remember the Inupiat Eskimos tion. They want the right to improve I admire and respect the Gwich’ins who own land right in the Coastal their lifestyle and that of their chil- for their wishes, but I hate to see envi- Plain. So there is a difference, and I en- dren, and this amendment supports ronmentalists trotting this indigenous courage Members to reflect on it. that right of self-determination and group around saying opening ANWR Finally, the Inupiat argument is their right to develop and live on their will hurt their caribou. There is no evi- compelling. It is an important one. My land as they please. dence to suggest that. friend Jacob Adams, who is an Inupiat, They have some 92,000 acres that The greatest harm to the caribou— is president of the Arctic Slope Re- have been held hostage by the Federal this is rather significant because while gional Corporation, one of the Fortune Government long enough. The oppo- it may seem confusing, everything on 500 companies, a very successful cor- nents often gloss over the fact that the the right of the line straight up and poration in my State, and I quote his Inupiat Eskimos hold title to the land down is Canada and everything on the statement: in the Coastal Plain. They do not pay left is Alaska. One can see the purple. I love my life in the Arctic. But, it is any attention to it. They assume those This is the Porcupine caribou herd as harsh, expensive and, for many, short. My people up there will just have to some- they move around during migration. people want decent homes, electricity, and how work out their lives, but only Con- They are on the edge of the 1002 area education. We do not want to be undisturbed. gress can give them the authority to for a short time during the short sum- Undisturbed means abandoned. It means sod have access. mer, but in their migration they do go huts and deprivation. Without congressional approval to through Canada. They cross the He also said: open the Coastal Plain, they are unable Dempster Highway. By locking up ANWR, the Inupiat people to develop their privately owned land. At the Dempster Highway during are asked to become museum pieces, not a There are the 95,000 acres consisting of their migration, there is a significant dynamic and living culture. We are asked to the village of Kaktovik and the one number of caribou that are taken for suffer the burdens of locking up our lands well that was drilled in that area. Re- subsistence, sport, and for, obviously, forever as if we were in a zoo or on display sponsible development will allow the those who need them, the point being, for the rich tourists that can afford to travel the Gwich’ins have under previous dis- to our remote part of Alaska. This is not ac- Inupiat Eskimos to provide for them- ceptable. selves, heat their homes, provide edu- cussions entered into leases for their cation, and live in sanitary conditions. own land. I agree, it is not acceptable. I recog- Again, the plumbing in the Arctic is This is a copy of the actual lease, Na- nize this entire debate is complex and not sanitary. It is not pleasant. There tive Village of Venetie. They indicated sometimes puts Members in uncom- are honey buckets. They want a better a willingness in March of 1994 to lease fortable positions, but I also realize lifestyle. They believe responsible de- their land. For anyone who questions this energy debate, especially in regard velopment in the area is their funda- the details, I am happy to provide a to ANWR, has been used as a soapbox mental human right to economic self- copy of the lease. I am simply saying for some of the most extreme and determination. they have a right to choose what they crafty environmental groups in our This amendment would still allow want to do, but at that particular time country, groups that have treasure the Inupiat Eskimos to enforce regu- they were willing to lease their land. chests to support their agenda. latory powers to make sure the wildlife Unfortunately, there was not much in- While the issues are complex and the and traditional environmental values terest in it because the prospects for debate has at times become heated, the are respected and protected. After all, oil discovery were not in the area. big picture can still be framed very who is more concerned about the car- So I think what we should recognize simply. Is it not better to have a ibou than the Native people who reside is the central Arctic caribou herd is a strong domestic energy policy that there and live off them? herd with which we have had experi- safeguards our environment and our Let me show another picture about ence. They have increased from 6,000 to national security rather than to rely the caribou. It reflects the reality. My 26,000, increasing by more than four on the likes of Saddam Hussein to sup- colleagues have seen it before, but times. As the environmentalists have ply our energy? The answer is clearly these are not stuffed caribou, these are addressed this argument, why, it is yes. real caribou, and they are roaming the pretty weak to suggest we cannot man- I, unfortunately, realize that some in fields of Prudhoe Bay. Nobody is run- age this herd for the benefit of the in- this Chamber have found that ANWR ning them down with a snow machine. digenous people. I think it is fair to has become a political issue. It is an- Nobody is shooting at them. They are say, as we look at development, there other piece of the political puzzle. protected, and they wander, and they is no evident harm to these lands or They could not be more wrong. I have increase. the potential of anything of any con- been around long enough to know that When we hear debate about the Por- sequence affecting the lifestyle of lots of people do things for their own cupine herd—this is the western Arctic those people. reason, but when their actions sell herd right in the heart of the oil fields. As we have tried to address the con- short the American family, the Amer- When we started 27 years ago, there cerns of the Gwich’ins, the difficulty ican service man or woman, the Amer- were 3,000 or 4,000 animals. Today there has been encouraging them to simply ican laborer, America’s future and are 26,000 animals. We do not want to visit the Eskimos of the Arctic to re- America’s security, we must not let confuse the Inupiat Eskimo or the flect on what development has meant their efforts succeed. Gwich’ins who live hundreds of miles to their standard of living. What we Do not sell short America’s national away from the Coastal Plain, but we have in this amendment are protec- security. We cannot keep relying on in- have charts that show a little activity tions. We have recommendations that creasing imports from foreign nations on the Canadian side because, as my require all the lands be returned to such as Iraq, which has publicly said colleagues know, Alaska does share a their natural state, and we also have they will use oil as a weapon. How border with Canada, and the Gwich’ins the recognition that, while the many times do they have to say that are on both sides of Alaska and Can- Gwich’ins have been opposing activity before we believe them? Please do not ada. on the Alaska side, they have been sell America short in order to support It is known that while the Inupiat very aggressively pursuing it on the the extreme environmentalists’ latest Eskimos living on the Coastal Plain Canadian side. The Gwich’ins in Can- popular cause, because we know once support opening ANWR, clearly the en- ada have formed development corpora- we authorize the opening of ANWR vironmental groups have had to search tions, as they should. They have an oil- these groups are going to move on to far and wide for someone to foster their field service company, which they have another cause. They are not created for cause, and roughly 150 miles south of every right to do. one specific cause.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2703 By the way, do not worry about those So we should make sure we recognize Why are we doing this now? The nor- environmental groups. They are still big oil for what it is. mal process for handling this legisla- going to be around, as I indicated. The talk that this amendment will tion, which has been passed by the They will find another cause, as I stat- put the environment in the hands of House of Representatives, would be to ed. Remember, energy is not about pol- big oil is unrealistic. In reality, the en- go to the committee, come to the Sen- itics and an agenda. It is about families vironment will be directly in the hands ate, be assigned to a committee, be across the Nation wondering if their of the American worker who will be considered by that committee, and re- jobs will be there when they get up in working up there, and he and she port it back to the floor. This bill does the morning. It is about looking for knows how to do it. not do that. It went to the committee. our Nation’s independence. If Members oppose the lease amend- The committee voted to include the I believe in a country that is depend- ment, they are really saying to the drilling of the Arctic Coastal Plain, ent on no one but God alone. We have American worker: I don’t trust you. In- ANWR, and the leadership said: No, every right to look out for our Nation’s stead, send the right signal and do the you cannot report that bill to the floor. independence. right thing. Vote for the American Instead, we will draft our own bill. Our President, President George W. worker and show them we trust them The majority of the committee that Bush, has asked time and time again to be good stewards at work, that we has jurisdiction over this bill voted to for the Senate to follow the example of trust them to take pride in their jobs, report it in the manner we would like the House of Representatives and pass and we trust them to help America to see it approved. We don’t get that an energy bill. The House has done so. keep strong and safe. chance. It comes on the floor, it is a H.R. 4 has ANWR in it. I yield the floor. different bill, drafted by the leadership On numerous occasions, the Presi- The PRESIDING OFFICER. The Sen- of the majority side of the Senate. We dent has expressed specifically his ator from Alaska. are told: Take it or leave it. Get 60 Mr. REID. I ask the Senator from strong support for opening ANWR. He votes for your amendment or forget Alaska to yield. knows it means more jobs for America. about it—as though we are filibus- Mr. STEVENS. I am happy to do It means security for our Nation, tering. They are filibustering our which is especially important at this that. Mr. REID. Mr. President, the major- amendment, but we have to have the 60 time. He knows as long as we are de- ity leader has asked me to announce votes in order to stop them from fili- pendent on other nations for our en- there will be no rollcall votes tonight. bustering our amendment. ergy our very security is threatened This is a point of frustration for It is my understanding the Senator and our future is at stake. someone who has lived through this from Alaska will speak for a consider- So the task of this body is clearly to continuum dealing with Alaskan lands. able period of time this evening, is that deliver to the President an energy bill I talked about it before and I will talk that reduces our reliance on foreign oil not correct, I ask Senator STEVENS? Mr. STEVENS. Yes. I don’t know how about it ad nauseam until we get the while at the same time creates thou- long. point across that the State of Alaska sands of new American jobs. I urge my Mr. REID. We have had a number of made a commitment to the Federal colleagues on both sides of the aisle to inquiries. I think it would be appro- Government in 1980 that we would ac- recognize the weight of the task we are priate we announce there will be no cept the bill that had been outlined by starting on. Agendas need to be pushed rollcall votes. The majority leader au- the leaders of the Democratic Party in aside and Members have to muster the thorized me to do that. the Senate, Mr. Jackson in particular, courage to do the right thing, even on Has the Senator from New Mexico en- God rest his soul, but he was a great difficult issues such as ANWR. We need tered the unanimous consent request? friend. He opposed us in many ways. to do what is right for American work- Mr. BINGAMAN. I am informed the We reached a consensus on the issue of ers, what is right for our national secu- Senator from Alaska objects to any this Arctic Coastal Plain. rity, what is right for the Inupiat Eski- unanimous consent agreement and, So everyone understands, we are mos who live in the Coastal Plain, and therefore, he would go ahead and speak talking about 1.5 million acres on the what is right for America’s future. today. Tomorrow I will seek recogni- Arctic Coastal Plain that was set aside There has been talk this amendment tion when we get back on the bill. in 1980 for the purpose of oil and gas ex- will put the environment in the hands Mr. REID. I thank the Senator. ploration. Anyone who comes to the of big oil. Let me say something about Mr. STEVENS. Mr. President, we floor and says this is wilderness is a big oil. Big oil is a citizen of my have just had a marvelous experience liar—a liar. Anyone who tries to pre- State—Exxon, BP, a number of compa- across from the Capitol grounds. We tend that somehow or another we are nies. In reality, those companies are had a press conference attended by the violating the law is a liar. If it was doing business in Alaska because they leaders of organized labor, many Sen- back in the old days, I would challenge can make a return on investment. ators, a great many members from or- them to a duel. I am up to my ears in They qualify as good citizens. They ganized labor, and members of the what I have been hearing about this have the capability to get oil all over Alaska Native community. We ought that is absolutely untrue. the world and bring it to the United to take time to see whether that set- The ANWR area was set aside by the States. Some have said: Where is big tles in with the American public. Three Jackson-Tsongas amendment for the oil on the issue of ANWR? There is of the greatest labor leaders in the purpose of allowing exploration. It does Phillips Petroleum, other companies. country were there and another rep- not become a working part of the Arc- We have not really seen much of them. resenting the fourth. They say they tic Wildlife Refuge until that is com- There is a good reason for that. They want this project to go forward. They plete. The difficulty is, people say it is are international oil companies. They want this area to be drilled. wilderness. This area, the ANWR will come to Alaska if it is open, but if The concept of extended debate is to Coastal Plain, is not wilderness. The it is not open they will go wherever, give a chance for the public to listen to area of the Arctic Wildlife Range south and they will import the oil into the debate on an issue and to determine of that, in the light brown, is 8 million United States. That development will whether they should contact their Sen- acres of wilderness. But that 1.5 mil- not have the oversight that Alaskan oil ators about the issue. I hope that can lion acres is not wilderness. development will. happen. I hope it is still possible to Reading the Wilderness Society pub- Make no mistake about it, Prudhoe have the country listen to the leaders lication one would think we are invad- Bay is the best oilfield in the world. of organized labor, listen to the leaders ing the most pristine place on Earth. It One of the things I find very frus- of the State of Alaska and consider is hell in the wintertime—60 below. I trating is Members do not seem to care whether or not it is safe to drill in the took the Postmaster General there and where oil comes from, as long as they area set aside 21 years ago for just that the digital thermometer said minus 99 get it. But if we can develop it at purpose—to drill in the 1.5 million because of the windchill factor. This is home, with our environmental laws, acres on the Arctic Coastal Plain. not some pristine place that should be both Federal Government and State, is I have been through this before. I protected. It should be protected at a that not in the best interest of Alaska? asked myself today: Why are we here? time when it needs protection, which is

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2704 CONGRESSIONAL RECORD — SENATE April 16, 2002 the summer. And we do that. We do not here, here, and here: The largest for- the President of the United States and, drill for oil and gas in the summertime. ests in the United States. We were cut- because of the interests of national se- Why are we here? We are here be- ting 1.3 billion board feet of timber a curity and economic security we pro- cause some people on that side of the year on a cutting cycle of 103 years. We ceed as was promised in the 1980s to de- aisle, the majority side of the Senate, would not cut the same place twice in velop this land. have decided they will block this. They 103 years. You cannot really understand the do not honor the commitment made by As part of ANILCA, that was lowered 1980 act unless you go back in history. the United States and the President of to 450 million board feet a year. Last When you go back in history, you go the United States when the 1980 act year, we cut 47 million. Why? The envi- back to the Statehood Act. I was in the was signed. That was a commitment to ronmentalists have decided that timber Interior Department at the time of our people in Alaska. in Alaska should not be cut. Notwith- statehood. Part of that Statehood Act In 1980, these areas that are marked standing the sustained use/yield con- was section 4. It was a commitment to and checked were withdrawn by the act cept that was in place, they just the Alaskan Native people that once of Congress called the Alaska National blocked it. Alaska became a State, Congress would Interest Lands Conservation Act. All of When we passed this bill in 1980, we address the question of the claims of that was withdrawn in 1978. had six world class mines—six. They the Native people against the United My colleague, Senator Gravel, are all closed now but one. Why? Envi- States—not against the State but blocked a bill to do this because they ronmental litigation. You cannot mine against the United States, their claims could not build up there. In 1980, he in Alaska now. We have 32 of the 37 as aboriginal people. still objected, but I reached an agree- strategic and critical minerals and We did that. As a matter of fact, I ment with Senator Tsongas and Sen- metals of the United States. None of helped prepare some of that when I was ator Jackson that I would help get this them are being mined except one mine still with the Eisenhower administra- bill done in exchange for an absolute up in the Kotzebue area, the Red Dog tion. After that came to an end, I went commitment in the law that that area Mine, the zinc mine, the largest in the back to Alaska, worked on many would remain open to oil and gas acres, world. Why are they closed? Environ- things, came back here in 1968, and one the 1.5 million acres, and the bill was mental litigation from radical con- of the first things we started working signed by the President of the United servationists, environmentalists. on when I became a Senator was the States. We get down to the question of oil Alaska Native Land Claims Settlement Now they are saying that is a pris- and gas. When we argued this bill in Act. That became law in 1971. It was tine area; you cannot do it. And the the period of the 1970s and 1980s, there the only time in history that Congress Democratic Party has put this in their were 50-odd wildcat operators in Alas- has settled claims against the United platform, ‘‘Don’t drill in Alaska’s Arc- ka drilling for oil and gas. There is not States of aboriginal people—of our con- tic,’’ as though the Democratic Party one today. Not one. Do you know why? tinent. It was necessary because of the owns Alaska. Someone asked: Who The last administration closed it all very diverse number of tribes in Alaska owns Alaska? The public owns Alaska. down. There are no permits to go out and the size of Alaska. The public owned all those places, too, and explore for oil and gas on Federal I forgot to mention it earlier today, but they were set aside for the elite lands, outside of the great Prudhoe but let me mention it now: Alaska is 20 few. Bay—which is State land. It is not Fed- percent of the land that the American There are no roads there, no airport eral land at all, it is State land. flag flies over. The State of Alaska is in there, no way to get there except The continuum of what we have been through guided tours, twin-engine through as a State makes a lot of us one-fifth of all the land of the United planes with guides and millionaires wonder if we were right to seek state- States. On that land were a series of tribes visiting those areas of Alaska. Eighty hood. Were we right? Many of our peo- that had claims against the United percent of the parklands in the United ple wanted to be a commonwealth. States. We worked for 3 years and fi- States are there. There are only three Canada was then a commonwealth to nally, in December of 1971, passed the parks you can get to by road. the British empire. Some of our people Alaska Native Land Claims Settlement What we are talking about is cod- wanted to be a commonwealth in the dling to the radical environmentalists U.S. system. We said no, we want to be Act. One of the conditions of that act of this country. We have half the coal a State. We are Americans. We believe was section 17(d)(2). That condition of the United States in Alaska. Did you in America. The highest level of enlist- said: Before the Native people of the know that? One time when Ed Muskie ment in the U.S. military in World War State of Alaska take their lands—Alas- was running for President, he decided II was from Alaska, the highest level of ka was guaranteed some lands as it be- he needed some environmental votes veterans per capita today in the United came a State; the Native people re- and he came up with an amendment States is in Alaska, from all periods of ceived some lands in settlement of that said: If you mine for coal in the wars in this past century. their claims against the United State of Alaska, you must restore the The question is, Why are we here? We States—there must be a study of what natural contour after you are through. are here because an elite few have de- land should be set aside in the national In Alaska, coal comes with ice lenses, cided that Alaska should be their play- interest, in Alaska. That was 1971. permafrost. When you put the steam ground. The working people today For 9 years we argued over that, 9 points down to melt it, the water runs woke up. That meeting outside, across full years. It became a slogan in Alas- off. Take the coal off and there is no from the Capitol, is a bell tolling for ka, the (d)(2), 17(d)(2). We called it the way in God’s Earth you can restore the the Democratic Party, and it better lis- ‘‘(d)(2)’’ issue; (d)(2) meant how much natural contour. Since Ed Muskie’s ten. It better listen because the work- of the State was going to be set aside, amendment, not one new coal mine has ing people want jobs. This is a jobs bill. and the State was prevented from tak- been opened—30 years, with half the We will provide jobs. Instead of send- ing it so it could be used to support the coal in the United States. No, no, we ing our money over to buy Saddam economy of the State. How much of it cannot do that. Hussein’s oil, we will produce it on our is going to be set aside to prevent the When I first went to Alaska, I worked own shores. We will produce it from Alaskan Native people from getting the on the Rampart Dam on the Yukon Alaska. There are 15 sedimentary ba- claims they really claim because it is River. It would have been the largest sins in Alaska. We have drilled three of set aside by these people who sought power project in the United States. It them. This will be the fourth. No one these withdrawals? In fact, the (d)(2) would have provided my whole State knows whether it has oil or gas. We be- issue is what built the empire of the with electrical power. It was economi- lieve it does. We have still a lot left to radical environmentalists in America. cally feasible. There is no question drill in Alaska, provided some future For 9 years they raised money, adver- about it. The environmentalists said, generation removes some of those tised, went throughout the country, if ‘‘No, you cannot build that dam,’’ and lines. Those lines were drawn to pre- not the world, to raise money to ‘‘save they blocked it. It is gone. vent development. Alaska.’’ Save it from what? There was We had, when I came to the Senate, We are at the crossroads now with not any development proposed in any the great forests of Alaska. Forests this bill, of whether or not we listen to of those areas. There are no roads in

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2705 there. There are fewer roads in Alaska this year. It was called ‘‘A waste of en- ANWR. They’re not—at least not now, be- than there are in King County, WA. ergy?’’ cause oil prices aren’t high enough and Those are diverse people, living in I ask unanimous consent that it be they’re not clamoring to spend the next dec- ade in litigation. In fact, says Babbitt, ‘‘oil five different sectors of the largest printed in the RECORD. companies might not bother with it.’’ So State in the Union. But, no, it was an There being no objection, the article why is the administration pushing it? Be- issue to withdraw them to prevent the was ordered to be printed in the cause oil prices are bound to go up—and Re- State from getting them—prevent the RECORD, as follows: publicans like oil production, which has be- Natives from getting them; because if A WASTE OF ENERGY? come a popular national security issue. we got them, we might develop them. (By Gloria Borger) And what about the environment? Sure, there’s bound to be some impact. Technology The one area that was not set aside was Pity the poor caribou. There they are, has advanced, but drilling is never going to that area; the 1.5 million acres was set minding their own business, roaming silently be a perfectly clean business. Purists say aside for us to use to keep the pipeline in the snow and soft tundra of the desolate that’s enough to bag the effort, even though Arctic landscape. Then, suddenly, they’re ev- filled. no one is predicting ecological disaster. ‘‘I erywhere: migrating through green Web sites In the time of the Persian Gulf war, asked an environmentalist whether he would worldwide, their survival the subject of ur- I went to the oil industry and I said: oppose the drilling if it were on just 1 acre, gent concern. If Big Oil starts drilling in the You have to increase the throughput of and he said he would,’’ says a pro-drilling Arctic National Wildlife Refuge, enviros say, Democrat, Sen. John Breaux of Louisiana. the pipeline. It was designed for 1 mil- the lovely reindeer are at risk. Antlers, ‘‘How can you fight that ideology?’’ lion barrels per day. It was running at unite! You can’t. There’s too much at stake here about 1.9 million barrels a day. They Enough already. The caribou are fine. In politically for either side to give. And so the looked into it and reported back they fact, since exploration started around Alas- nation continues to feed its oil addiction ka’s Prudhoe Bay in 1968, the local herd has could do it. They increased it to 2.1 without increasing homegrown production. thrived. And in case you’re interested, the million barrels per day in the interests Meantime, real energy policy languishes polar bears roaming ANWR are doing nicely, of national defense because we were while the symbols thrive. And the poor car- too. But don’t get confused: This fight over shut off from a lot of access to oil at ibou start looking more like Chicken Littles 2,000 Arctic acres is not about wildlife. It’s every day. that time of the Persian Gulf war. not even about oil. It’s about political the- Today, it is 950,000 barrels a day. We ology—and a small piece of land that has be- Mr. STEVENS. Mr. President, I will do not have enough reserves to keep come a huge symbol and great fodder for read portions of it. It says: ‘‘A waste of the oil pipeline, the 48-inch in diame- fundraising. ‘‘We need a poster on the wall, energy?’’ ter, half-inch-thick pipeline, 800 miles and here it is,’’ says Bruce Babbitt, ex-Clin- Pity the poor caribou. There they are, from the North Slope to Valdez—we do ton interior secretary, who opposes drilling minding their own business, roaming silently not have enough oil to keep it filled in ANWR yet keeps a certain perspective on in the snow and soft tundra of the desolate now. Where do we get the oil in be- it. ‘‘Why do we spend so much time quar- Arctic landscape. Then, suddenly, they’re ev- reling over this tiny sliver that has no real tween time? My colleagues say we are erywhere: migrating through green Web sites implication for energy independence?’’ worldwide, their survival the subject of ur- getting the oil from Saddam Hussein. Good question. Here we are, in a war likely The only oil increase we have gotten gent concern. If Big Oil starts drilling in the to expand throughout the world’s oil-pro- Arctic National Wildlife Refuge, environs since our throughput went down is the ducing region, and we’re importing 57 per- say, the lovely reindeer are at risk. Antlers, increase in imports from Saddam Hus- cent of our oil—including 790,000 barrels a unite! sein. day indirectly from our buddy, Saddam Hus- Enough already. The caribou are fine. In We do not buy it directly from him; sein. Has this focused the nation on a serious fact, since exploration started around Alas- we buy it from the Food For Oil Pro- plan for both conservation and production? ka’s Prudhoe Bay in 1968, the local herd has Hardly. Competing energy plans are stuck in gram, and he gets the money from thrived. And in case you’re interested, the Congress, which is oddly bent on choosing ei- polar bears roaming ANWR are doing nicely, that. So we are not really giving him ther conservation or production—and could American dollars; we are going through too. But don’t get confused: This fight over get nothing as a result. ‘‘Energy policy 2,000 Arctic acres is not about wildlife. It’s some other exchange. We are washing doesn’t have to involve either-or choices,’’ not even about oil. It’s about political the- the money going into Iraq because we says Tony Knowles, Alaska’s pro-develop- ology—and a small piece of land that has be- don’t want people to think we are deal- ment Democratic governor. Then again, he come a huge symbol and great fodder for ing with Iraq, but it is Iraqi oil and we hasn’t spent much time in Congress lately. fundraising. ‘‘We need a poster on the wall, all know it. To wit: The Senate disgraced itself re- and here it is,’’ says Bruce Babbitt, ex-Clin- cently when it killed a gradual increase in What does he do with it? He is re- ton interior secretary, who opposes drilling gasoline mileage standards for cars that in ANWR yet keeps a certain perspective on building his military. Senator INOUYE could save as many as 1 million barrels a and I have just gone around the world, it. ‘‘Why do we spend so much time quar- day. Soon it will most likely kill any drill- reling over this tiny sliver that has no real really—went into Afghanistan, Uzbek- ing in ANWR, which might have provided a implications for energy independence?’’ istan, Pakistan, and we talked to peo- small start in the right direction. ‘‘We Good question. Here we are, in a war likely ple over there about what is going on shouldn’t let this debate paralyze a real de- to expand throughout the world’s oil-pro- over there. We went to China, Singa- bate over energy policy,’’ says John Holdren, ducing region, and we’re importing 57 per- pore, Indonesia, the Philippines—look- an environmental policy guru at Harvard, cent of our oil—including 790,000 barrels a who opposes ANWR drilling. But it has. ing at what is happening with ter- day indirectly from our buddy, Saddam Hus- ‘‘People have given up on the really big sein. rorism in the world. Who is supporting issues’’ like clean-air policy and climate con- them? Who do you think? Saddam Hus- trol, he adds. Remember that this is U.S. News & sein is supporting them. It is known he That’s because ANWR is too easy to spin. World Report, not Senator STEVENS. is supporting them. Consider the numbers: Drilling proponents Has this focused the nation on a serious plan Where is he getting the money? From say that ANWR will produce a tremendous for both conservation and production? Hard- everybody who buys oil in those States amount of oil; opponents counter that it’s a ly. Competing energy plans are stuck in Con- mirage, less than a six-month supply. The gress, which is oddly bent on choosing either that Senator MURKOWSKI showed, where the oil is going. truth is that no one really knows. Kenneth conservation or production—and could get Bird, leader of a U.S. Geological Survey nothing as a result. ‘‘Energy policy doesn’t We paid Saddam Hussein $6.5 billion project that studied the potential for oil in have to involve either-or choices,’’ says Tony in 2001—$6.5 billion went to Saddam the refuge, says the range of ‘‘technically re- Knowles, Alaska’s pro-development Demo- Hussein for his oil. The only way we coverable’’ oil is somewhere between a rel- cratic governor. Then again, he hasn’t spent can replace that is to produce our own. atively modest 4.3 billion and 11.8 billion bar- much time in Congress lately. We are some sort of people who listen rels. Different groups use different numbers. To wit: The Senate disgraced itself re- to these obstructionists who tell us to ‘‘One could spend the entire day writing let- cently when it killed a gradual increase in not keep the commitment Congress ters to the editor,’’ Bird sighs. What’s more, gasoline mileage standards for cars that made to Alaska in 1980: Forget about his estimates were done in 1985. ‘‘We might could save as many as 1 million barrels a be able to see more with modern seismic day. Soon it will most likely kill any drill- that. We don’t need that oil. equipment,’’ he says. But is anybody pro- ing in ANWR, which might have provided a Let me tell you that we need a lot posing a new federal study? Of course not. small start in the right direction. ‘‘We more than that oil. Then there’s the Big Oil argument. To hear shouldn’t let this debate paralyze a real de- There was an interesting article in the opponents tell the story, oil companies bate over energy policy,’’ says John Holdren, U.S. News & World Report on April 1 of are salivating at the prospect of drilling in an environmental policy guru at Harvard,

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2706 CONGRESSIONAL RECORD — SENATE April 16, 2002 who opposes ANWR drilling. But it has. We call this the foot of the gate of Madam President, I ask unanimous ‘‘People have given up on the really big the Arctic. That withdrawal was not consent a copy of this letter be placed issues’’ like clean-air policy and climate con- there in 1978. It was put there to block on every Senator’s desk. trol, he adds. That’s because ANWR is too easy to spin. this road from going over to that min- The PRESIDING OFFICER (Ms. Consider the numbers: Drilling proponents ing district. They did not want to with- CANTWELL). Without objection, it is so say that ANWR will produce a tremendous draw that area, so they just blocked ordered. amount of oil; opponents counter that it’s a the access. Mr. STEVENS. This is dated July 3, mirage, less than a six-month supply. There is a similar block of access 1980, signed by Henry M. Jackson, If there was ever a lie, that is a lie. here—the road into Seward. There is a chairman, and Mark Hatfield, ranking The trust is that no one really knows. Ken- similar block of access here, and a minority member, of the Committee on neth Bird, leader of a U.S. Geological Survey block of access in here, and a total Energy and Natural Resources. It says: project that studied the potential for oil in block of access in the southeast—no In this year of sharply heightened national the refuge, says the range of ‘‘technically re- roads. concern over the economy, energy and na- coverable’’ oil is somewhere between a rel- atively modest 4.3 billion and 11.8 billion bar- That is what that 1980 act meant. tional defense, the Senate is about to con- rels. There will never be, as long as those sider Alaska lands legislation—an issue withdrawals persist, roads to connect which would have a profound effect on each It goes on. I wanted to get to that be- of these vital subjects. cause I want to get back to Prudhoe the State of Alaska from point to point. We depend on airports and on We write to ask for your full support of the Bay. Alaska lands bill approved by the Energy Prudhoe Bay’s estimate was 1 billion water courses. We have only one road and Natural Resources Committee. After ex- barrels. When they looked at that, we system that goes from Anchorage into tensive hearings, study and mark-up, the had the fight over whether or not Fairbanks and down the Alaska High- Committee approved this bill by an over- Prudhoe Bay should be opened and way to Canada. whelming and bi-partisan vote of 17–1. whether the oil could be transported I hope people listen to these things. I The Committee bill is a balanced, carefully through the Alaska oil pipeline. The am not sure they do. crafted measure which is both a landmark estimate was approximately 1 billion I will tell you a little aside. When I environmental achievement and a means of protecting the national interest in the future barrels of recoverable oil. We have pro- lost the leadership election in 1984, my friend from Kansas Bob Dole became development of Alaska and its vital re- duced now over 13 billion barrels. If sources. The bill more than doubles the land this estimate is similar to the other leader. He asked me if I would help area designated by Congress as part of the conservative estimates in terms of oil bring television to the Senate. It was National Park and National Wildlife Refuge and gas, this is more oil than is then opposed by my friend Russ Long systems; it triples the size of the National dreamed of. and a couple of other Senators. I con- Wilderness Preservation system. It protects Why can’t we drill it? Why can’t peo- ferred with them. We and the distin- the so-called Crown Jewels of Alaska. At the ple here understand that the commit- guished current President pro tempore same time, it preserves the capability of that ments that were made ought to be kept decided we would allow it. We worked mammoth state to contribute far beyond its by the Congress? It is a commitment in out bringing television to the Senate. share to our national energy and defense needs. the law—not just a promise. It was a I do not know whether that is edu- A series of five major amendments to the hard-fought battle for 9 years, as I said. cational or not. We are going to have a bill and an entire substitute for it will be of- I remember that night when Senator chance this week to find that out. At fered on the Senate floor. The amendments Gravel blocked the 1978 act. It was least for me, this is the first time I in total would make the bill virtually an really a bill that we passed out of con- have used the concept of the public equivalent of the measure approved last year ference. But the House had already coverage by television of the pro- by the House. Each amendment in its own passed it. We were ready to adjourn. ceedings on the floor of the Senate to way would destroy the balance of the bill. The Senator from Alaska asked that try to interest people from other While the bill is a gigantic environmental the bill be read after the adjournment accomplishment, it also is crucial to the na- States in an issue that affects my tion’s attempt to achieve energy independ- resolution could be agreed to. He State so vitally. That is why I men- couldn’t read that bill in the time left ence. One-third of our known petroleum re- tioned the labor leaders’ meeting in the serves are in Alaska, along with an even for that Congress, and it died. It died. front of the Capitol today and the invi- greater proportion of our potential reserves. I went home with a group of people tation I received this morning to speak Actions such as preventing even the explo- called the Citizens for Management of to the building trades convention of ration of the Arctic Wildlife Range, a ban Alaska Lands, and we decided we would the AFL–CIO, which I was pleased to sought by one amendment, is an ostrich-like start raising money for the next Con- do. approach that ill-serves our nation in this gress. We chartered a plane to go from It is because people are thinking time of energy crisis. Juneau to Anchorage, and it crashed. I about jobs. That was 1980. was on it with my wife Ann and five When I started thinking about this Continuing: people. Only one other person—our bill—let me go back to this. It is a good Instability of certain nations abroad re- former Ambassador, Tony Motley—and idea to go through this again. I want to peatedly emphasizes our need for a stronger I survived. We picked ourselves up from make sure people understand what we domestic supply of strategic and critical that disaster, went back and reorga- are talking about. We are talking minerals. Each of the five proposed amend- nized. We started working again in 1979 ments would either restrict mineral areas about section 1002 of the Jackson-Tson- and 1980 and committed ourselves to from development or block effective access gas amendment of December 1980, try to get the issue settled. to those areas. Four of the seven world-class Do you know why? We couldn’t select signed by President Carter after he lost mineral finds in Alaska would be effectively our Alaska State land. There was what the election in 1980. This is the provi- barred from development by the amend- we call a freeze on it. The Interior De- sion drafted by the two Democratic ments. That simply is too high a price for this nation to pay. partment refused to process the State’s leaders at the time on this legislation. It said: Present and potential employment both in request for the lands it was entitled to Alaska and in the other states would be sig- The purpose of this section is to provide under the Statehood Act until this nificantly damaged if the committee bill is for a comprehensive and continuing inven- issue was settled. The Natives couldn’t amended. Cutting off development of the tory and assessment of the fish and wildlife get their hands on it until this issue four mineral finds discussed above would resources of the coastal plain of the Arctic alone cost thousands of potential jobs, many was settled. We had to agree to the 1980 National Wildlife Refuge; an analysis of the of them in the Lower 48 states. The amend- act. We had no alternative. We are a impacts of oil and gas exploration, develop- ment on national forests would eliminate up land-poor society. We are a resource- ment, and production, and to authorize ex- to 2,000 jobs in the southeast Alaska timber- based State. So we entered into the ploratory activity within the coastal plain in related economy. agreement. We said: All right. There a manner that avoids significant adverse ef- We urge you to focus on the central fact fects on the fish and wildlife and other re- were a few little tweaks and things that the Alaska lands bill is not just an envi- sources. made here. ronmental issue. It is an energy issue. It is a There are some interesting things. That is not an inconsistent position national defense issue. It is an economic The occupant of the chair might be in- by Senator Jackson. issue. It is not an easy vote for one constitu- terested in this. Where is a copy of that letter? ency that effects only a remote, far-away

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2707 area. It is a compelling national issue which al Plain in the existing Arctic Wildlife that time—on State lands, not Federal demands the balanced solution crafted by Range. Several changes in the committee’s lands. Those Federal lands have never the Energy and Natural Resources Com- provisions were incorporated regarding the been opened to oil and gas, as intended mittee. wildlife portion of the Arctic Slope study. by Secretary Seaton or by President We look forward to your support. The timing of the seismic exploration pro- Eisenhower. Subsequent administra- Cordially, gram and the Secretary’s report to the Con- MARK O. HATFIELD, gress regarding further oil and gas explo- tions have found some way to frustrate Ranking Minority ration on the plain were also modified slight- access to the oil and gas resources of Member. ly.... that area. HENRY M. JACKSON, Taken together, this approach provides I have talked for a long time. I will Chairman. adequate protection for the affected wildlife talk a while longer because I will go Madam President, do you know why I in the area—including the Porcupine caribou into this amendment I filed in the sec- read that letter? Three of the four herd—while insuring that an assessment of ond degree. I will speak more about the amendments that they urged for the the area’s oil and gas potential is under- Arctic wildlife area and what it means. taken. Senate not to adopt were, in fact, I filed an amendment in the second de- adopted. The environmental people, at We won one issue, and now the ma- gree because, as I looked at the House- that time, were growing in strength, as jority party wants to deny us that passed bill, it approved ANWR and it I said before. They won every issue but compromise. limited the amount of land that could one—every issue but one. There was It is an interesting area, the Arctic. be used to 2,000 acres out of that 1.5 only one issue that the State of Alaska Did you know, Madam President, fol- million acres. All that can be used is prevailed on that was a major issue. lowing the great Teapot Dome scandal 2,000 surface acres. But it postulates There were some minor changes of in 1923—the year of my birth, inciden- that there will be a series of bonus bids boundaries that we argued about, tally—the President, President Har- for the right to lease the land, some- whether this part of this town should ding, withdrew 25 million acres of Alas- where between $1.6 billion and $2.7 bil- be in that withdrawal or another part ka as a national petroleum reserve to lion. The House bill channels a portion in some other area. But there were four salve the national conscience about the of that money to what I would call a major issues that the chairman and Teapot Dome scandal. That is what it little carrot—a little conservation res- ranking member raised, and Alaska was. That area has never really been toration of the areas already with- lost three of the four. We won one. We explored for oil and gas. It was set up drawn from parts of the refuge. had a solemn commitment from the in 1923. I thought about that, and I thought two leaders. Senator Tsongas had those In 1943, during the conduct of the about where the drilling in the Arctic four amendments that Senator Jack- war, Abe Fortas, who many of us knew, wildlife refuge area—ANWR area, the son and Senator Hatfield talked about. the then-Acting Secretary of the Inte- 1002 area—would take us. It takes us a Senator Jackson and Senator Hatfield rior, withdrew all lands in the State of step further toward building the Alas- had the committee bill. They melded Alaska—all lands in the State of Alas- ka natural gas pipeline—something the it. They took three of the Tsongas ka—about 20 miles south of the Circle. American public should learn about, amendments. But they left one out. All of that land was withdrawn. Noth- something on which I hope the great They left us access to the Coastal Plain ing at all could be done up there by unions of this country and the steel in- for oil and gas exploration and develop- Alaskans, the people who lived there dustry and others will start educating ment. and stayed there. He withdrew other the public. One wonders whether history should lands—the so-called public land order At the time Prudhoe Bay oil was dis- have anything to do with subsequent 82—in the Katagkak region down covered, we found that gas was associ- action by the Senate of the United here—it was a broad-scale thing—and ated with the oil. There was no means States. One Congress cannot bind an- in the Cape Lisburne area. This is the to transport the gas, so a series of re- other Congress. But one Congress can area we are talking about now that was injection facilities was constructed enact a law that it takes another Con- withdrawn in 1943—not from oil and gas and, as the oil and gas is produced, the gress to enact and have a President but from any kind of activity. That gas is separated and it is reinjected sign it. This is one of the things that persisted until we got to the Statehood into the ground. There are now 50 tril- was required, and it was the great error Act. And just prior to the Statehood, lion to 70 trillion cubic feet of gas known to exist under State land in the of my career in agreeing that the area the Kobuk gas field was discovered just Prudhoe Bay area. would be open only if a subsequent law south of the Alaska Range, in that area We now propose that we build a nat- right there. was passed by Congress approving the ural gas pipeline to take that gas to While I was at the Interior Depart- process which was set up. the midwestern part of the United The process was that an area would ment, the Secretary of the Interior, States. It is the largest amount of gas be available for oil and gas leasing. Fred Seaton, amended public land we know of that is not transportable so There would be an environmental im- order 82 allowing oil and gas explo- far. It would transport, when built, a pact statement. There would be seismic ration to take place in the Kobuk gas pipeline 52 inches in diameter, 1 inch research to see if there was a possi- field. As a matter of fact, later in 1959, thick, running 3,000 miles from the bility of recovering oil. If both of those after we obtained statehood, Secretary North Slope to Chicago, down the Alas- proved positive, then there would be a Seaton further modified it to affect ka Highway, through Canada, and into request of Congress to authorize the lands up around the national petro- the Midwest. Along with that, it takes use for exploration of oil and gas. leum reserve of Alaska created by 15,000 miles of gathering pipelines and Senator Jackson later that year, on President Harding. And then, in De- adjunct lines. August 18, addressed the Senate. On cember of 1960, he in effect repealed Originally, they thought about bring- page 21651 of the CONGRESSIONAL that land order. He really did it by ing the pipeline through the pristine RECORD of August 18, 1980, he said: amending the previous land order and part of Canada. That has been aban- Mr. President, I rise in support of the sub- making it possible for Alaska to select doned. The State wants it to come this stitute offered by the Senator from Massa- lands in that area because under the way. This is the area here. We are chusetts. During the past several weeks, Statehood Act the State of Alaska going to follow, partially, the Alaska Senator Tsongas and I, as well as Senators could not explore north of the Arctic Roth, Hatfield, and Cranston, have at- pipeline right-of-way and come down tempted to draft a compromise substitute Circle without prior approval. the Alaska Highway and go through amendment. We have before us an amend- He gave the State the authority to Canada, along the route of the current ment which we believe represents an equi- select the lands. The area they selected pipeline through Canada. table solution to the Alaska lands issue. was Prudhoe Bay. That was really di- People said: What does that have to He goes on to say later in that same vine guidance that took us to that do with drilling in the Arctic region of timeframe: place because that was the only place the Alaska Coastal Plain? The substitute retains the Senate Energy we could drill in the Arctic at the time. Mr. President, there is no source of Committee’s language relative to an oil and Alaskans found the largest supply of funds that I can see, with the existing gas exploration program on the Arctic Coast- oil on the North American continent at economic situation, in the foreseeable

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2708 CONGRESSIONAL RECORD — SENATE April 16, 2002 future to help get that Alaska gas pipe- for oil? Nothing. They are part of the It would provide $232 million for com- line started other than funds from the private enterprise system and must merce grants to retool industries to get production of oil in the Arctic Plain. survive themselves. ready for the gas pipeline. It would pro- The more I study, the more I find we How can they survive if Congress vide approximately $900 million to re- have a really interesting situation in gets in their way? We are supposed to establish and make solvent the Coal steel. Obviously, I am not from steel facilitate the development of this Miners Health Fund. It would provide country. I don’t know a lot about steel. country and maintain our economic vi- $7 billion over 30 years to provide for But I have been learning a lot about it ability. We are supposed to provide for the Legacy Benefits Program I de- since we started this effort. our national defense. As a matter of scribed. Since the year 2000, approximately 30 fact, that is one of our constitutional This is not the only money that goes steel companies in the United States duties—to provide for the national de- into the legacy fund. The President has have entered bankruptcy, and 60,000 fense and promote the general welfare already put in effect the tariffs on im- workers are already out of jobs in of this country. ported steel. That money goes into the those places. In 1980, there were more I find it hard to believe we are get- legacy fund. The companies are in the than 500,000 U.S. steelworkers. By the ting so much criticism of the amend- process of agreeing, as I understand it, year 2000, there were 224,000. That was ment that I have suggested. What it to pay $6 per ton on steel produced in 2 years ago. Since that time, we have does is it takes part of the money that the United States into the fund. But it had, as I have indicated, 30 more steel would come to the Federal Government is woefully short of money to meet the companies fold. and channels it into a fund which will needs for those 600,000-plus retirees. One of the contracts that exist be- address the health care costs for those That is not enough money to make it tween the steel companies and their retirees, enable the industry to be re- work. workers is the benefits program—a constituted, revitalized, provide money How do we get our gas pipeline start- promise that was made for the con- to the Department of Commerce to ed? We try to find a way to put to- tribution to their past work in our so- help with some loans and grants to gether the exploration and develop- ciety. It was an agreement to pay those steel companies to get them ment of this continent’s largest oilfield health benefits for the retirees. There going again, and provide money to the with the problems of developing a gas are presently estimated to be 600,000 of Department of Labor to train people to pipeline to transmit gases already those retirees, at a minimum. The do some of the work we are going to there. We do not have to look for it. It companies they worked for are going need. is known gas. It is just not transport- bankrupt. There is a plan to try to con- It is a gigantic project. There are two able because there is no mechanism to solidate the U.S. steel companies, but steel mills in the world today that are transport it. I believe we can do that. there is a little hitch. These workers capable of rolling the pipe for the Alas- I am intrigued with some of the sta- have the right to put a lien on those ka gas pipeline—two. The design of tistics as to this pipe. As I said, it is 52 assets before they are consolidated. So that pipeline will require one-half of inches, 1 inch thick, and it is called X– a plan was devised, and it is a difficult the world’s capability to produce steel 80 pipe. It has never been tested before. one to follow through. But it is a plan pipe for a period of over 5 years. One In order to make it available, a portion to use the fund to pay the cost of the project. In order to get it started by of it will have to be rolled to test to see health care delivery for the retirees 2010, the orders have to be placed by if the theory that has been worked out and let the assets go into a consoli- next year. It is not possible to place on computer is correct: That this is the dated steel industry that would be ca- those orders unless we know where type of pipe that can withstand the pable of contributing to major projects there is a cashflow to take care of the pressure necessary to move that gas such as our Alaska natural gas pipe- problems of the retirees. over 3,000 miles. line. This project of ours will take 5.2 mil- Alaska now has the Alaska oil pipe- The plan is the legacy plan, and the lion tons of steel. It will involve $3 bil- line. It is a 750-mile pipeline. We call it legacy would be to keep the commit- lion to $5 billion in initial steel orders 800, but it is 750 miles of the really big ment made to the retirees. It requires alone. We are not talking about the pipe. That weighed 1.2 million tons. a cashflow for 30 years of $18 billion. If 15,000 miles of gathering pipe. We are Roads had to be specially created for the steel industry does not find $18 bil- not talking about the hundreds of that pipe to be put in place. lion, it is my judgment they will not be trucks that will carry that pipe down Alberta now has a 1,435-mile pipeline. able to consolidate. If they do not con- that long 3,000-mile road. We are not It weighed 2.1 million tons and cost $1.8 solidate, we will not have a steel indus- talking about the trucks and equip- billion delivered. We are looking at, as try capable of meeting our needs. ment that will improve the roads so I said, an enormous amount beyond ei- I do not know if you know it, Madam the trucks can run on them. Most of ther of those. The pipeline will be al- President, but recently Robert Miller, those areas do not have roads that can most as long as the Great Wall of chairman and CEO of Bethlehem Steel, hold trucks that size. China. testified that: This is a gigantic project, and one One of the interesting things about it Bethlehem Steel was the only domestic must ask himself or herself: Is gas es- is, eight pipe-bending machines will company with the capability to provide the sential to our economy? Is gas essen- cost more than $1 million each and a 2- special steel plate that was required to re- tial to our national security? Is this year lead time will be needed to get pair the U.S.S. Cole. something on which we should have a that pipe into place. They estimate One steel company left in the United partisan dispute? Is this something they are going to need 115 backhoes, 27 States could meet our national defense that we should be here debating about D–10 bulldozers, 90 D–9s, and 16 to 20 of needs—one. a procedural issue, an issue designed to the large, magnum class chain trench- I told the union group today I believe permit a group of Senators to delay ac- ers. there are three things that keep a de- tion on a bill until the rest of the coun- In terms of manpower, the workforce mocracy alive: One is food, one is oil, try can learn about it? in Alaska alone would be 2,300 jobs; in and one is steel. That gives us the abil- Actually, I am grateful to them for Canada 3,400 jobs. But there are jobs ity to maintain our economy and to de- their filibuster against our amend- throughout the United States into the fend ourselves. ments and their threat of requiring a hundreds of thousands to build the We have taken very ample care of the cloture vote to terminate our debate valves, gathering the pipelines and the farmers, I have to say that. In going because it means we are going to be various pieces of equipment that are through this, I found that in the last 10 here for a while talking about this sub- necessary to construct this pipeline. years we have spent $656 billion on the ject. As we talk about it, I hope more I am saddened to say a lot of people farm community in regular bills and and more people learn about it. say: That is a crass and cynical thing $17 billion in the last 10 years on spe- We establish in my amendment a to do. You are just looking for votes. cial emergency bills for the farm com- trust fund for conservation, jobs, and That is right. We are looking for munities. How much have we spent for steel reinvestment. It would provide votes to open this area to oil and gas steelworkers? How much have we spent $155 million for conservation programs. exploration so we can get the money to

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2709 start this pipeline. If taking care of am saying why only the farm commu- it again? Are we willing to contemplate and helping the steelworkers and coal nity when there are two other streams doing it even to save our own system? workers is necessary to reconstruct the that we must maintain to keep this de- I yield the floor. American steel industry so it can par- mocracy alive? One is oil and one is Mr. BINGAMAN. Madam President, I ticipate in it, we should do it. steel. I want a bill that matches them suggest the absence of a quorum. I think the real problem I have is to both. The PRESIDING OFFICER. The try and figure out how we can put this I thank the Chair for her patience, clerk will call the roll. into real context. With due respect to and I thank my friend from North Da- The legislative clerk proceeded to the Democratic Senators, they are shil- kota. I mean no personal offense in any call the roll. ling for a bunch of radical environ- way in what I say, but I think I have a Mr. MURKOWSKI. I ask unanimous mentalists who control the country right now to be disturbed. I have ar- consent that the order for the quorum call be rescinded. now in many ways. Tomorrow I am gued this matter in the Senate for The PRESIDING OFFICER. Without going to speak at length about the ar- more than 21 years. It actually started objection, it is so ordered. ticles that were in the Sacramento Bee 31 years ago in December of 1971. I have Mr. MURKOWSKI. Madam President, about the way these people seek to been in the Senate that whole time. I will talk for a few minutes on a cou- control what the Sacramento Bee There has not been a year gone by we ple of points. One is a letter we re- called ‘‘the fat of the land.’’ They docu- have not had an issue concerning these ceived from the Secretary of Energy, ment it in a series of articles. I have reactionary radical environmental the Honorable Spencer Abraham. It is a those articles and I will read some of groups and what their demands are on letter to me. I will read excerpts. them tomorrow to make sure we know our State. Why? The letter reads in part: who our enemy is. There are only three of us. We are As everyone knows, gasoline prices have It is not the Senators from these var- way up there. When Senator MUR- been increasing for the past several weeks in ious States. They are responding to KOWSKI and I are at home, we are closer anticipation of the historically higher de- constituents. They represent 2 to 3 per- to Beijing than we are to Washington, mand seen during the summer driving sea- cent of the constituency in most House DC. These environmentalists raise son. These increases are a source of serious districts, a little less than that in most money by telling people the harm we concern to this Administration and I know elections statewide. They are very pow- are liable to do to that land, but less they are of serious concern to you. As I committed to you last year, I intend erful, and at times such as we are in than one-half of 1 percent of Alaska is to keep you apprised of circumstances affect- right now, look at—we were balanced occupied by man. It is almost the least ing our oil and gasoline markets and of the 50–50. Until Senator JEFFORDS changed populated area in the world; yet it is steps we are taking to mitigate their effects his mind, we were 50–50. We are a na- threatened. It is threatened every day. in the short term and address them in the tion divided. That is when these mi- There is another ad on the TV, another long term. norities sneaked in and took control, ad in a major paper about how this ter- Briefly, prices for crude oil have risen by and that is what the radical environ- rible bunch of people are about ready over $7 per barrel since late February—an in- crease of over 30 percent—adding as much as mentalists have done. to destroy this land. Less than one-half 20 cents per gallon to the retail cost of gaso- I intend to go into that at length to- of 1 percent has been occupied by man. line. Crude oil prices are rising because of morrow. I will go further tomorrow It is an amazing thing for me to get global economic growth, OPEC production into some more statistics about the involved in this, but I intend to stay restraints, and concern over the current ten- steelworkers’ problems and the reasons involved in it. Let’s see if the process sions in the Middle East and Venezuela. Of I have persisted, even though I must works. Let’s see if the theory of ex- course, we are closely monitoring inter- say I do not know so far any Senators tended debate for the education of our national developments affecting our petro- who represent the steel States or the people still has meaning. Do people lis- leum markets. Partly as a result of rising oil costs, the steelworker States who have agreed to ten to us? Are they interested in what Energy Information Agency (EIA) expects an assist us in this matter. I challenge the labor leaders in the country say? average price of $1.46 for regular grade gaso- them to find another cashflow area, an- Are they interested in the plight of the line over the next 6 months. However, gaso- other stream of money that will save steelworkers? Are they interested in line prices will peak somewhat higher in cer- their workers’ retirement benefits. I the plight of the coal workers? Are tain regions this summer. Higher gas prices challenge them. they interested in the future of build- strain the budget of America’s working fami- This is not new. We did it for the ing that gigantic pipeline that will lies, raise the cost of goods and services, in- black lung disease people in 1992. We bring the equivalent of more than a crease harvest costs for American farmers, have done it a series of times, where we and ultimately create a drag on the economy million barrels of oil and gas a day to that can impact the livelihood of working have taken money from one cashflow the central part of the United States? Americans. and put it into an objective where we It would assure that the central part He advises: could not get the money otherwise, but of the United States would have all the For more detailed market information, we had a new cashflow and before it gas it needs for 40 years. Is that worth please refer to EIA’s Short-Term Energy was committed, we committed it to thinking about, worth taking some Outlook . . . online. good things. I say it this way: Take the time of my colleagues to listen to me He further states: airport development fund. All of those shout a little bit? I think it is, and I Our gasoline market will be in a delicate taxes do not go into the Treasury. hope the system works. balance this summer, as it has in the past They go into the fund and they pay for I remember as a young man seeing few years. It only takes one refinery fire—as airports, they pay for the runways. As ‘‘Mr. Smith Comes to Washington.’’ I we saw last August when a fire destroyed to the highway fund, those highway am not Mr. Smith, but I think the part of Citgo’s Lemont, Illinois, refinery—or taxes go to pay for a great many issue is more acute than the one he a pipeline disruption—like we experienced things. faced. The issue we face is survival. Do the previous June during the Wolverine Pipe- Take the emergency agricultural ap- we go on increasing our dependence on line break between Chicago and Detroit—to cause price spikes. propriations. Where do they go? They foreign oil? How much more are we The onset of the driving season coincides pay the John Deere bill. They pay for going to import? with the annual changeover at refineries the medical insurance for the employ- The report I had today was it is at 57 from winter fuels to specially formulated, ees and the farmers. They pay the gro- percent in terms of imported oil. I cleaner-burning summer fuels that cost more cery bill when farmers have trouble. thought it was lower than that. During to refine. These fuels are required to protect But somehow or another that is nor- the crisis that led to an embargo in the the public health during the peak ozone sea- mal, right? 1970s, it was less than 35 percent. son. As recommended in the President’s Na- When we bring in an emergency bill What about steel? During World War tional Energy Plan, the Environmental Pro- for agriculture, we do not argue about II, we produced steel for the world. We tection Agency has already improved some of the rules governing the transition from that at all. We only ask how much produced the steel for the allies. We re- winter to summer gasoline, including a pro- more can we raise it because they are built Europe. We built the tanks in the vision for increased flexibility in blending farmers. My farmers love them. I voted United States, and the planes and the and reclassification of certain fuels. How- for those bills; I am not criticizing. I ships that saved the world. Could we do ever, the gasoline market is still constrained

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2710 CONGRESSIONAL RECORD — SENATE April 16, 2002 at times by refinery and pipeline capacity and reclassification of certain fuels. How- There is another statement, from shortages in America. ever, the gasoline market is still constrained James C. Wheat, III, trustee for the As we did last year, Department of Energy at times by refinery and pipeline capacity Chesapeake Bay Foundation: will continue to keep track of gasoline sup- shortages in America. plies and pricing. We have already reinstated As we did last year, Department of Energy The conservation community should take our 24 hour Gasoline Hotline—a 1–800 number will continue to keep track of gasoline sup- this opportunity to work closely with Con- for consumers concerned about gasoline plies and pricing. We have already reinstated gress to ensure that exploration of ANWR re- prices (800–244–3301). our 24 hour Gasoline Hotline—a 1–800 number sults in net environmental gains. He further indicated he would be for consumers concerned about gasoline I certainly take Mr. Wheat at his meeting with the American Auto- prices (800–244–3301). I have also directed EIA word. to produce its Energy Situation Analysis Re- mobile Association to identify ways to Further, Brian Ball, former chairman port (ESAR) each weekday in order to mon- of the Nature Conservancy of Virginia: encourage Americans to drive smarter itor world events that could disrupt supplies. and prepare their cars to operate more The ESAR is released on EIA’s website Technology advances and increased eco- efficiently—and save fuel and money. (http://www.eia.doe.gov/) daily after 5 p.m. logical awareness have made this kind of ex- I ask unanimous consent the letter I will be meeting this week with the Amer- ploration possible while leaving a minimum footprint on the surrounding environment. be printed in the RECORD. ican Automobile Association (AAA) to iden- There being no objection, the letter tify ways to encourage Americans to drive Again, I will show that footprint on was ordered to be printed in the smarter, prepare their cars to operate more the chart here, which indicates the lit- efficiently—and save fuel and money. I also RECORD, as follows: tle area in red which identifies, obvi- intend to meet with both refiners and gas ously, the limitation in this legisla- THE SECRETARY OF ENERGY, station owners to ensure that our distribu- tion, which is 2,000 acres. Washington, DC, April 11, 2002. tion system works well from the wellhead to Hon. FRANK MURKOWSKI, the fuel pump. A flawless distribution sys- We also received from the Laborers’ U.S. Senate, tem will help to minimize price spikes this International Union of North America, Washington, DC. year should disruptions occur. As we identify Terence O’Sullivan, president, writing DEAR SENATOR MURKOWSKI: As everyone solutions and ideas that help consumers, we to each Member of this body: knows, gasoline prices have been increasing will of course provide you that information On behalf of the more than 800,000 members for the past several weeks in anticipation of immediately. of the Laborers’ International Union of the historically higher demand seen during These measures can mitigate somewhat North America, I am writing to express our the summer driving season. These increases the effects of rising gasoline prices, but the strong support for opening the Arctic Na- are a source of serious concern to this Ad- solution is more long term. We must reduce tional Wildlife Refuge (ANWR) on Alaska’s ministration, and I know they are of serious our dependence on OPEC imports of crude oil North Slope for new oil exploration. I am re- concern to you. by promoting energy conservation, increas- questing that you not only support an As I committed to you last year, I intend ing domestic oil production, and diversifying amendment to open ANWR as a part of com- to keep you apprised of circumstances affect- our foreign sources of crude oil. We strongly prehensive energy legislation, but also any ing our oil and gasoline markets and of the urge Congress to send comprehensive and effort to invoke cloture on the issue if nec- steps we are taking to mitigate their effects balanced energy legislation with all of these essary. in the short term and address them in the elements to the President. The benefits of including ANWR in a com- long term. Please let me know if you have any ques- prehensive energy bill are clear. Alaska cur- Briefly, prices for crude oil have risen by tions. rently provides 25% of the nation’s domestic over $7 per barrel since late February—an in- Sincerely, oil and opening ANWR could boost that fig- crease of over 30 percent—adding as much as SPENCER ABRAHAM. ure to more than 50%. New drilling tech- 20 cents per gallon to the retail cost of gaso- Mr. MURKOWSKI. Madam President, nologies will lessen the oil industry’s ‘‘foot- line. Crude oil prices are rising because of we have been generalizing a bit on this print’’ on the surrounding environment by global economic growth, OPEC production increasing the length of directional drills restraints, and concern over the current ten- side, relative to the National Environ- mental Policy Act, about groups in op- and allowing for smaller and more compact sions in the Middle East and Venezuela. Of production pads; if Prudhoe Bay were built course, we are closely monitoring inter- position to opening ANWR. On the today it would affect an area of land 65% national developments affecting our petro- other hand, I was somewhat relieved to smaller. Thousands of good-paying jobs leum markets. see an ad that appeared in the Wash- would be created across the country by open- Partly as a result of rising crude oil costs, ington Post. It is entitled: ing ANWR, 130,000 in construction alone. And the Energy Information Administration Think All Environmentalists Oppose Presi- best of all, Alaskans support drilling in (EIA) expects an average price of $1.46 for dent Bush’s Energy Plan? . . . Think Again . ANWR by a margin of 3–1. If ANWR is not ap- regular grade gasoline over the next six . .’’ propriate as a domestic source of oil produc- months. However, gasoline prices will peak I am going to read a couple of ex- tion, then where in the U.S. is? somewhat higher in certain regions this While exploration in ANWR is only one summer. Higher gas prices strain the budgets cerpts because I think it addresses, in- piece, it is a very important piece of a na- of America’s working families, raise the cost deed, some of the more balanced and tional energy policy that should include in- of goods and services, increase harvest costs responsible environmental groups and creased construction of power plants, includ- for America’s farmers, and ultimately create their opinions on activities associated ing nuclear facilities, oil and gas pipelines, a drag on the economy that can impact the with relieving our dependence on im- refineries and other energy production facili- livelihood of working Americans. ported oil. The first is from Douglas ties. A national energy policy will insure a For more detailed market information, reliable and affordable source of energy please refer to EIA’s Short-Term Energy Wheeler, former executive director of the Sierra Club: while creating tens of thousands of jobs na- Outlook (STEO) online (http:// tionwide. www.eia.doe.gov/steo/). The exploration and development of energy The Laborers and the entire building Our gasoline market will be in a delicate resources in the United States is governed by trades have a long and illustrious history on balance this summer, as it has in the past the world’s most stringent environmental the North Slope of Alaska of training a high- few years. It only takes one refinery fire—as constraints, and to force development else- ly skilled workforce, building a solid infra- we saw last August when a fire destroyed where is to accept the inevitability of less structure, deploying the new drilling tech- part of Citgo’s Lemont, Illinois, refinery—or rigorous oversight. nologies and protecting the environment. a pipeline disruption—like we experienced What he is saying in these few words That record of success is at least one reason the previous June during the Wolverine Pipe- is that we can do it right in the United for the strong support among Alaskans for line break between Chicago and Detroit—to States because we have the most strin- drilling in ANWR. cause prices spikes. For all these reasons and more, we strong- The onset of the driving season coincides gent environmental oversight on re- source development, particularly oil ly urge you to not only support an amend- with the annual changeover at refineries ment to open ANWR as part of a comprehen- from winter fuels to specially formulated, and gas. He implies that is not nec- sive energy legislation, but also any effort to cleaner-burning summer fuels that cost more essarily the case in other parts of the invoke cloture in order to allow a fair debate to refine. These fuels are required to protect world, and we seem very nonchalant on the issue. the public health during the peak ozone sea- about taking for granted where our oil Sincerely, son. As recommended in the President’s Na- comes from. There is very little con- TERENCE M. O’SULLIVAN, tional Energy Plan, the Environmental Pro- General President. tection Agency has already improved some cern whether the development is har- of the rules governing the transition from monious with the environment because Finally, I noted the debate that cov- winter to summer gasoline, including a pro- our only bottom line is: We have to ered the second-degree amendment vision for increased flexibility in blending have the oil. which is pending to the underlying

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2711 amendment to open up ANWR. I would with development in the Arctic—with I think Senator STEVENS indicated in like to, again, highlight what this sec- both ANWR and the ultimate develop- his comments that we need steel, we ond-degree amendment specifically ment of the gas that has been discov- need energy, and we need food to be a does because it gives America’s steel ered while looking for oil in Prudhoe great Nation. Are we going to simply industry an opportunity that otherwise Bay. That gas is about 36 trillion cubic let the steel industry drop off, slough it would not have—basically to rejuve- feet of proven gas reserves. off, and become more dependent on im- nate and reconstruct the industry so it I emphasize that as one who looks at ported steel? We have already given can be competitive. opportunities for labor and opportuni- them 3 years. We are all aware the administration ties for capital to come together with It surprises me there is not more in- provided a 30-percent protective tariff this kind of identification of a funding terest from the industry. I recognize to American steel. That is going to be mechanism of $8 billion to contribute there is a good deal of politics in- binding for a 3-year period of time. But to the steel legacy fund, there is an ad- volved. I know Senator ROCKEFELLER what we have done here in the crafting ditional $1 billion to the United Mine has been working on this issue. I see in of the second-degree amendment, Workers combined benefit fund—this is the Wall Street Journal of April 16 a which Senator STEVENS is offering, is another fund that organized labor and reference where Senator ROCKEFELLER to take the funding that would be gen- the coal mining industry has had a says any deal that would bind opening erated from a combination of royalty shortfall in—the contribution of $232 ANWR with steel is probably dead be- and bonus bids—somewhere in the area million in commerce grants to retool cause the White House and the House of $12 billion over 30 years—and take the industry to compete in this project, Republican leaders won’t provide let- the royalty Federal share and apply it as well as labor training through the ters of support for the steel bailout. over a period of time to specifically ad- Department of Labor of roughly $155 But he said further that commitments dress the unpaid legacy associated with million, training steelworkers in the from both camps were crucial to guar- health benefits for the steel industry. new technologies associated with mak- antees. They are. The proposal is to contribute approxi- ing this pipe, as well as the direction of We are going to do something with mately $8 billion to the steel legacy funds; and $155 million for National the revenue from ANWR if indeed we benefit program. Park Service maintenance backlog, authorize it to be opened. The question I ask, Where is this money going to habitat restoration, and conservation is, Do we want to, by ourselves here come from if we do not identify a programs. collectively, come together as a bipar- source? We have the source. The Isn’t this a pretty attractive disposi- tisan group and say this is what we source, of course, is from the revenues tion, if you will, of funds associated want the money used for? generated from the royalties and the with the lease sale and the royalties to I have the greatest respect for Sen- bonus bids in opening ANWR. be generated from opening ANWR or is ator ROCKEFELLER. He is a good friend America’s steel industry is not going there a higher need? You take it into of mine. He said in the article that to get another shot at this. This is an the General Treasury, and you can ap- commitment from both camps was cru- identified source. As Senator STEVENS propriate. But what we are doing, and cial to the guarantee that the aid indicated, the prospects for the renewal what Senator STEVENS has identified so would survive final House-Senate nego- of our steel industry, for it to become clearly, is trying to meld two opportu- tiations on the broader energy bill now competitive, is given an extraordinary nities. That gas is going to be devel- before the Senate. opportunity as a consequence of the re- oped. The reason it is going to be devel- I ask unanimous consent that the ar- ality that we are going to need steel in oped is quite obvious. We are using our ticle be printed in the RECORD. this country to build that gas pipeline. gas reserves now faster than we are There being no objection, the article The estimated cost of that project is finding new reserves. Where are we was ordered to be printed in the about $20 billion. My understanding is going to get the gas? We go down to RECORD, as follows: the order for the steel will be some- the Gulf Coast States, and we are pull- GOP BID FOR SUPPORT ON DRILLING where in the area of $4 billion to $5 bil- ing down our gas reserves very rapidly FOUNDERS lion. The last time we built a pipeline there. We get a significant decline. It is WASHINGTON.—A steel state Democrat an- across the length of Alaska, from estimated to be about 40 percent when nounced he would oppose drilling for oil in Prudhoe Bay to Valdez, it was 800 the Arctic National Wildlife Refuge, dashing we pull down offshore gas reserves. It a Republican bid to build Senate support for miles. Do you know where the steel lasts a little longer on land. ANWR by providing aid to retired steel- came from? It came from Japan; it The reference to putting together an workers. came from Korea; it came from Italy. opportunity to revitalize our industry Sen. Jay Rockefeller (D., W.Va.) said the That was 48-inch pipe. and basically work together to train deal fell through because the White House The pipe on this steel proposal is ap- workers to address some of the com- and House Republican leaders won’t provide proximately 56-inch or thereabouts—52 bined benefits that the United Mine letters of support for the steel bailout. He to 56. It is X–80 to X–100, depending on Workers and the coal industry are said a commitment from both camps was crucial to guarantee that the aid would sur- the tensile strength of the steel. short, as well as contribute to the steel vive final House-Senate negotiations on the If it is not built in the United States, legacy benefit program, is one that broader energy bill now before the Senate. we know where it is going to come needs more examination by the Senate. The steel issue stems from President from. It is going to come from foreign Unfortunately, we have not been able Bush’s March 5 decision to rescue the U.S. countries. Why wouldn’t this proposal to go through a committee process, as steel industry with temporary tariffs on stimulate the steel industry, both man- we know, in bringing an energy bill to most steel imports. agement and labor, to recognize we the floor. We would have been able to Drilling in the Arctic is a top priority of have a extraordinary opportunity to pass ANWR out of committee, but the the White House and Republicans, as part of their push to reduce dependency on foreign revitalize the steel industry in this majority leader saw fit to pull it. As a oil. But many Republicans were dismayed at country? consequence, we have labored on var- the steel offer, having opposed Mr. Bush’s They have the problem obviously as- ious aspects of the energy bill because March 5 decision as a political ploy that un- sociated with funding of the health it did not go through the committee dermined the U.S.’s free-trade credentials. benefits for some 600,000 potentially re- process, which is indeed unfortunate. Mr. MURKOWSKI. Mr. President, I tired employees. But this is an extraor- But we have to make the best of the think the Senator from West Virginia dinary opportunity. situation. is failing to recognize the obligation In addition to the steel industry’s op- As a consequence, the second degree and opportunity we have to designate portunity for the major link associated that is pending gives America’s steel those funds. If we designate those funds with the transportation, that is 3 thou- industry an opportunity for a new lease for steel, that is where they are going sand miles roughly from the Coastal on life. Are we simply going to lie to go. When Senator ROCKEFELLER says Plain to the Chicago city gate. That is back, address and debate the issues of he is opposed to ANWR, I would re- what we are talking about. We are also the steel industry’s legacy shortfall or spectfully advise him that if you can talking about virtually thousands of are we going to do anything about reju- support the funding determination miles of additional pipe associated venating this industry? which is covered in Senator STEVENS’

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2712 CONGRESSIONAL RECORD — SENATE April 16, 2002 second degree, then the funding can teen percent are related to transpor- well-known corporation in this coun- only come from one source, and that is tation and material-moving workers. try. We decided to go ahead with that ANWR. Twenty percent are related to man- guarantee. If this body directs the funds to come ager, professional sales, and adminis- The results? Chrysler is still in busi- from that source, it seems to me that trative support occupations. ness today. They are a profitable cor- certainly allays Senator ROCKE- In 2000, 40 percent of steelworkers poration. But the premise of what we FELLER’s concern that somehow Repub- were covered by union contracts com- did was gambling on Lee Iacocca and licans wouldn’t go along with the ar- pared with 16.2 percent in durable his imagination to rebuild the com- rangement. We can dictate the ar- goods manufacturing and 14.9 percent pany. rangement. We can make it law. in all industries. For Heaven’s sake, don’t we have Finally, since we are discussing this, Bringing new production capacity on- that same initiative left somewhere in I would like to share a little bit about line—that is what we are talking America’s steel industry, some CEO the status of the steel industry in this about—means thousands of new union who wants to take the challenge? Let’s country. members or reemploying laid-off union make American steel competitive I am told there are approximately 50 members. again. Let’s make it great again. We impacted steel-associated facilities U.S. steel financial data: Domestic have that opportunity. that have been closed since the year steel shipments down 14 percent in the And the opportunity is good for all of 2000—50 impacted facilities—and 25 first quarter of 2001. America because it brings together, if million tons of steelmaking capacity Between 1997 and 2001, 31 steel com- you will, the components. We have the impacted or eliminated since the year panies in the United States filed for gas. We found it while developing 2000; 25,430 lost steel jobs; idle bankruptcy and are in chapter 11. This Prudhoe Bay. We need the gas because steelmaking facilities: 6 closed represents more than 21 percent of U.S. we are pulling down our reserves faster steelmaking facilities in Indiana, Ohio, steel’s capacity. than we are finding new ones. We are Utah, Alabama, Arizona, and Ten- In the late 2001 timeframe, U.S. steel going to build it sooner or later. It is nessee, 15 in Pennsylvania, 3 in Illinois, prices fell to some of their lowest lev- going to require a pipeline. 4 in New York; in Ohio, Missouri, Ken- els in 20 years. Nearly half of U.S. steel For Heaven’s sake, why not come to- tucky, Indiana, and Alabama, 2 each; employees work in factories with at gether with America’s steel industry iron-rolling mills, and other steel-re- least 1,000 employees. and ensure it is built in America, and lated and iron ore facilities: 1 in Michi- Building new high-end, 52-inch X–100 get on with revitalizing, if you will, gan; closed rolling mills in other steel- steel capacity in the United States— this important industry? related and iron ore facilities: In Mis- that is the pipeline we would build in We talk about national security. We souri, Michigan, 2; Texas, Ohio, 6; Illi- the United States—would mean more can talk a lot about oil. I think Sen- nois, 4; Pennsylvania, 4; New York, Ar- factories that could employ thousands ator STEVENS put it very succinctly kansas, Connecticut, 2; Indiana, Cali- of new workers. when he said: You have to have oil and fornia, Minnesota, Maryland, Alabama, This is a $5 billion contract. The cost energy. You have to have food. You Louisiana, 2. of building the new 52-inch X–100 pipe- have to have steel. So that is what we Those are U.S. steel industry and line rolling capacity—it is estimated to are talking about here. ANWR production key facts. run somewhere in the area of $250 mil- States with steel companies filing for Let me share with you the U.S. steel lion per facility because we are going bankruptcy: In Indiana, Action Steel, employment levels in 1980. There were to need more than one facility. Galv Pro, Great Lakes Metals, Heart- more than 500,000 U.S. steelworkers in Where are we going to buy it if we do land Steel, and Qualitech Steel; in this country. In the year 2000, there not buy it in the United States? We are Oklahoma, Sheffield Steel; in Texas, were 224,000. It is estimated, in the going to buy it from Korea, we are Metals USA; in Pennsylvania, Beth- year 2010, there will be 176,000—an an- going to buy it from Japan, and we are lehem Steel, Riverview Steel, ticipated loss of 21 percent for U.S. probably going to buy some from Italy Edgewater Steel, Freedom Forge, Erie steel-related jobs. That is a statistic by because that is where we got it the last Forge & Steel, J&L Structural, and the Bureau of Labor Statistics. time when we built the TransAlaska Worldclass Processing; in Missouri, What does that mean? It means 23,000 Pipeline. Excaliber Holding Co. and Laclede jobs lost between 1998 and September The total market capitalization of Steel; in California, Precision Steel; in 2001; 270,000 steel jobs lost between 1980 U.S. steel companies, as of March 19, Ohio, Republic Technologies, CSC Ltd., and 1987. There are 600,000 current U.S. 2002, is $12.8 billion. Contracts worth $4 and LTV Corporation; in Alabama, steel retirees. This is what we are talk- billion or more in steel for the Alaska Trico Steel and Gulf States Steel; in ing about: their health care benefits natural gas pipeline equals one-third of Louisiana, American Iron; in North alone. That is what we can address in the total value of the entire U.S. steel Carolina, GS Industries; in Illinois, this second-degree amendment. We are industry. Northwestern Steel & Wire; in West proposing to contribute $8 billion. Need I say more? I can go through Virginia, Wheeling-Pittsburgh; in Where is U.S. Steel? Where is Beth- the companies that have filed for bank- Michigan, Vision Metals; in Utah, Ge- lehem? Where are they? Where are the ruptcy. I think I will because it may neva Steel; in New York, Al Tech Spe- workers? Where are the retirees? Where awaken, if you will, some of the folks cialty and ACME Metals. That is 62,500 are the unions on this one? out there who are following the debate. jobs. That is what is lost. It is a source of revenue. Somebody is This is an opportunity to rejuvenate We are going to be debating this going to get that revenue when we America’s steel industry—those who issue extensively, but I did want to fol- open ANWR. We are talking about a are not covered by the steel legacy ben- low a little bit on the second degree marriage, if you will, of U.S. steel and efits for their health care, the un- and challenge America’s steel industry, U.S. jobs to build the largest pipeline funded health programs, those who are challenge a couple CEOs out there who ever conceived in North America, from unemployed, those who have been laid might have a little of the Lee Iacocca Alaska to Chicago. What an oppor- off. This is an opportunity for those spirit to try to bring America’s steel tunity. It is a win-win-win situation. companies that are still in business to industry together and come to grips Where is the downside? come together and recognize this is an with an opportunity. What does that clean gas do to our opportunity. If we do not open ANWR, clearly it is environment? It cleans up our air. When is the last time we had an op- not going to fund the rejuvenation of Forty-seven percent of U.S. steel- portunity such as this? We debated America’s steel industry. That is ap- workers are employed in Pennsylvania, Chrysler years ago. It was a question of parent. That is why I hope, as we pro- Ohio, and Indiana. Forty-five percent whether we should give a guarantee to ceed with this debate, there will be a of U.S. steel jobs are related directly to keep Chrysler afloat. We debated that critical evaluation of the merits of production. Eighteen percent of the heavily in the Congress. It was one of opening ANWR, what it can do for our jobs are related to installation, main- the first real debates we had on wheth- national security, and what it can do tenance, repair, and construction. Six- er we were going to save a traditional for American labor.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2713 I yield the floor. lion acres, as I understand it, of public of the industry is in bankruptcy, an- The PRESIDING OFFICER (Mr. DAY- land approximately the size of the other portion of the industry is in the TON). The Senator from Nevada. State of Indiana. It was created to se- process of not being able to pay its Mr. REID. Mr. President, the Senator cure the Nation’s petroleum reserves. fund for health care, the legacy costs? from Alaska is absolutely right in his It is administered by the BLM which, It is important as we get into this de- remarks about the need for the natural in 1999, offered 4 million acres in the bate that we not generalize that some- gas pipeline that is in this bill. One of northeast portion of this for leasing. how America’s steel industry is going the first things we did—I cannot re- The result was an extremely successful to participate without identifying member if it was the Senator from Ne- lease sale. where the funds are going to come from vada or the majority leader who offered That sale had a high level of interest because the private sector is going to the amendment—but we offered the from the industry with about $105 mil- be very reluctant to invest in Amer- amendment that would create the op- lion in bonus bids for 133 leases on ica’s steel industry. That is why, obvi- portunity to build a gasline from Alas- about 860,000 acres. Exploratory drill- ously, the financial community did not ka to Chicago, basically. It would be ing has already occurred, and there see fit to invest in Chrysler when they 3,500 miles long. That gasline would be have been major finds by the industry had their troubled times. They ex- 52 inches in diameter, and there would there. hausted all their alternatives. They be a need for 5 million tons of steel to A second lease sale is scheduled to came to the Congress, and the Congress build that pipeline. It is estimated that take place this summer. Planning is came forward with a guarantee. pipeline alone would create 400,000 jobs. being undertaken to open an additional I ask my friend from Nevada how he So it would seem to me, we would be portion of this for leasing. Again, no proposes that any steel mill, since not well advised to move this piece of legis- new law needs to be passed in order to one in the United States currently lation based on something we can all drill here. We are not talking about a makes 52-inch X–80 steel pipe, how is agree on; and that is, to bring natural piece of land the size of a postage the industry going to develop to meet gas from the North Slope to the lower stamp. We are talking about 23 million the challenge of the order which we an- 48 States. It is noncontroversial in the acres. ticipate will be forthcoming? sense that it is bipartisan in nature. As I said while I was waiting earlier Mr. REID. I am happy to respond to We have not only authorized the direc- today for Senator MURKOWSKI to offer my friend from Alaska. First of all, the tion of that pipeline, we have also pro- his amendment, I am very happy it is American Iron and Steel Institute has vided, in the legislation, loan guaran- being offered. Tomorrow morning we stated that no one in the world can tees for the private sector to build that hope Senator BINGAMAN will have the make this pipe right now. But they pipeline. But we have gotten off on a opportunity to speak. He has managed also go on to say that if in fact there is tangent here on something that both this bill. He has sat here patiently an opportunity to do this pipeline, sides have their own opinion of what is waiting for this amendment. He has American entrepreneurship can do this. best for the country. As a result of some things to say. I spoke to Senator Remember, this legislation that we have already accepted in this bill pro- that, ANWR is not going to happen. BREAUX this afternoon. He is on the But it should be recognized that the side of the Senators from Alaska. He vides loan guarantees. I also say to my friend from Alaska, pipeline should happen. We should join wishes to speak tomorrow. Senator I have great faith in the American together and quickly handle the re- KERRY from Massachusetts believes labor force and those, as I have said, maining amendments. We are working very passionately that drilling in entrepreneurs who have an opportunity over here to get rid of as many as we ANWR is absolutely wrong, and he will to do good things for the country but can and move this legislation forward. speak for a considerable period of time also make money. The Senator from Alaska, Mr. MUR- to lay out his position. Senator LIE- As far as the steel manufacturers, we KOWSKI, has worked so hard on this BERMAN is scheduled to come as soon as have worked hard on this. As you re- issue that he and Senator STEVENS be- he has an opportunity to speak in op- member, last year Senator BYRD lieve in so fervently. I am glad we have position to the two fine Senators from worked long and hard on something to the amendment before us. It is impor- Alaska. bail out the industry. Of course, we re- tant we do that. Simply because I dis- This is going to be a good debate. I ceived little help from your side of the agree with these two fine Senators personally look forward to it, on a very aisle. from Alaska doesn’t take away from serious note, and would hope the de- Senator ROCKEFELLER, with whom I the fervor they feel about this amend- bate is, for lack of a better description, have spoken about this, recognizes that ment. We will find during the debate as high class as it has been to this if we are going to do something for the that will take place in the next couple point. There is a lot to talk about. This steel industry—and we are—that it is of days that there are people who be- is an issue that is important to the going to take real money. We look for- lieve just as fervently that this amend- country, and it is time we laid our ward to working with the steel State ment is a bad idea. cards on the table and at a subsequent Senators. It is my understanding steel That is what the Senate is all time vote as the Senate will allow us is now manufactured in some form or about—the ability to debate publicly to do, either on a procedural matter or fashion in about 16 States. issues of extreme importance to the on a substantive matter. We are committed to do everything country. The decision to be made on The PRESIDING OFFICER. The Sen- we can to help that industry, not only ANWR is important to the country. ator from Alaska. from the management side but also for As I have indicated, building a pipe- Mr. MURKOWSKI. I very much ap- those workers who are entitled to a lot line would not only create thousands of preciate the remarks of my good friend of things, not the least of which is pen- new jobs but would provide a huge op- the majority whip. The only question I sions. portunity for the steel industry. The would have is whether or not the ma- Mr. MURKOWSKI. Mr. President, I Senate has already spoken that we en- jority whip realizes that not one single appreciate the response of the majority courage the use of American steel and steel mill in the United States has the whip. I guess my frustration is in union labor in the construction of the capacity currently to make the 52-inch knowing how to get the two sides to- pipeline. The total cost of the Alaska steel pipe that is needed for the Alaska gether. I am referring to the article in natural gas pipeline is estimated to be pipeline. They neither have the capac- the Wall Street Journal today where as much as $20 billion. That is a real ity nor are they familiar with this par- they quoted Senator ROCKEFELLER say- shot in the arm. ticular strength of steel. It is 80 to 100 ing that, supposedly, the deal was In addition to these enormous sup- in the dimension. ANWR revenues for steel. He said: plies of natural gas from existing oil- So I ask the majority whip, my good The deal fell through because the White fields, there is another substantial op- friend from Nevada, how does he pro- House and the House Republican leaders portunity to obtain additional oil and pose we are going to go through this would not provide letters of support for the gas resources from the Alaska North transition of America’s steel industry steel industry— Slope. It is the National Petroleum Re- achieving the capability to make the He used the word ‘‘bailout.’’ I prefer serve—Alaska. This reserve is 23 mil- investment when indeed a good portion ‘‘rejuvenation.’’

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2714 CONGRESSIONAL RECORD — SENATE April 16, 2002 I ask my friend, don’t we have the are talking about here, to try to en- include ANWR in the energy bill and power in the Senate to direct the use of courage the American steel industry to present it to the floor for debate. these funds, as opposed to what the gear up for the largest order, by spe- Now, he also knew that, from a polit- White House happens to think is in the cifically exempting 52-inch pipe, which ical point of view, he could ramrod his best interest of the industry or poli- is what this argument is all about. bill without the benefit of the com- tics? We have the authority, do we not, I yield the floor. mittee process. Yet he has seen fit to to direct these funds for the benefit of CLOTURE MOTION take to task our side for delaying the the steel industry if we authorize Mr. REID. Mr. President, I send a bill. ANWR to be opened? cloture motion to the desk. Let me tell you what happened in I ask my friend if, indeed, he can ex- The PRESIDING OFFICER. The clo- this bill. It was an educational process. plain to me the logic that Senator ture motion having been presented Most Members didn’t have an idea of ROCKEFELLER proposes because he sim- under rule XXII, the Chair directs the certain aspects of the renewable port- ply says the deal fell through because clerk to read the motion. folio, the electric portfolio. So he has the White House and the Republican The assistant legislative clerk read opted out of the tradition of this body leaders would not provide letters of as follows: in the handling of this bill, and we support for the steel bailout. Why don’t CLOTURE MOTION have been on it for a very short period we just pass the law here and designate We, the undersigned Senators, in accord- of time. I am talking about, obviously, the funds for the industry? That in ance with the provisions of rule XXII of the the lightning rod, which is ANWR, and itself should address the concerns of Standing Rules of the Senate, hereby move we all knew it. Now he has seen fit to the Senator from West Virginia. to bring to a close the debate on the Stevens I recognize it is not appropriate to amendment No. 3133, regarding drilling in file cloture on this amendment when ask the majority whip to explain the ANWR: not one single Member has risen in op- Tom Daschle, Kent Conrad, Harry Reid, position to either amendment. This rationale of Senator ROCKEFELLER; Ben Nelson, Barbara Mikulski, Patty nevertheless, I think the principle is means that debate around here is no Murray, Dianne Feinstein, Tim John- longer of any significance because ev- here. If we wanted to pass this, we son, Tom Carper, Jeff Bingaman, Byron could, could we not? erybody has their mind made up ahead Dorgan, Richard Durbin, Mark Dayton, of time. Mr. REID. First of all, while I don’t Jay Rockefeller, Patrick Leahy, Jack like to admit it, I don’t read the Wall Reed. I think it is a sorry day for the Sen- Street Journal, so I don’t know what it CLOTURE MOTION ate when we come to this impasse and said. I have not read that. Senator Mr. REID. Mr. President, I send a address the disposition of this para- ROCKEFELLER would have to respond to cloture motion to the desk. mount issue by a cloture motion so his questions. I have my own reasons The PRESIDING OFFICER. The clo- early in the debate. why I think it would be a very bad pro- ture motion having been presented Outside of expressing my extreme gram, not the least of which is I don’t under rule XXII, the Chair directs the disappointment in the manner this has think ANWR would be improved. You clerk to read the motion. been handled, I hope that as we address would have to talk to Senator ROCKE- The assistant legislative clerk read the debate from here on in, it will be FELLER about that. All I know is that as follows: represented by factual information, not the development of this pipeline would CLOTURE MOTION innuendoes, and that those speaking in create jobs in steel production, pipe We, the undersigned Senators, in accord- opposition have some knowledge be- manufacturing, pipe laying, and con- ance with the provisions of rule XXII of the cause I will venture to say virtually struction. It would create lots of jobs. Standing Rules of the Senate, hereby move every Member who will speak in oppo- By any estimate I am aware of, the to bring to a close the debate on the Mur- sition tomorrow has never been to pipeline would create probably at least kowski ANWR amendment No. 3132 to S. 517, ANWR, has never been to Prudhoe Bay, 300 percent more jobs than the ANWR the Energy Bill: Tim Johnson, Tom Carper, John Kerry, and has never ever considered the sig- project. Jeff Bingaman, Patrick Leahy, Tom nificance of what this legislation would Mr. MURKOWSKI. Mr. President, I Harkin, Tom Daschle, Harry Reid, Hil- do for the Native indigenous people of think the hour is late and I am sure we lary Rodham Clinton, Max Cleland, the North Slope; namely, the Eskimo are about to wind up. I look forward to Maria Cantwell, Jack Reed, Ron people of Kaktovik. continuing the debate. I hope we can Wyden, Carl Levin, Patty Murray, Max I am going to leave one thing for this Baucus. have, from the organization that rep- body as we go out, and that is to reflect resents the American steel industry, Mr. REID. Mr. President, the only re- on the honey bucket in Kaktovik. That some indication by tomorrow’s debate maining business is to wrap up. We will is the difference between a Third World just what their attitude would be to- do that as soon as the Senator from nation and the realities of what a life- ward their ability to restructure, to Alaska allows me to go forward. style would bring to those people who meet the anticipated order associated Mr. MURKOWSKI. Mr. President, I want to have the same conveniences we with the 3,000-mile natural gas pipeline find it rather interesting that here we take for granted; that is, running water from Alaska to Chicago. We will at- are, and we have started on this bill and sewer facilities. They can have it if tempt to contact them in the 24 hours roughly at 3 o’clock; it is now roughly we can open up ANWR. that we have before we start the debate 6:35. I think it is extraordinary that The PRESIDING OFFICER. The Sen- tomorrow to obtain their views on the majority would file cloture on this ator from Nevada. their ability to meet this demand and amendment when not one single Mem- what conditions would have to be met ber has risen in opposition to either Mr. REID. Mr. President, by any in order for them to be competitive. amendment. I do grant the whip that standard one can come up with, in any I think it is rather interesting, also— he did mention it briefly—his opinion body, especially any deliberative body, and I simply call this to the attention on certain aspects of it. being on a bill since February 18, being of my good friend, Senator REID—it is But in view of the fact that no one on a bill 19 full days of debating would my understanding that someone in the has spoken on the other side, I hope be a pretty good amount of debate. By debate, regarding the merits of the 30- that these amendments could just be any standard, being on a bill this long, percent tariff that was set for imported accepted. Obviously, that is wishful one would say is enough, but we have steel, specifically excluded 52-inch thinking. I think it, again, represents a not had enough because under the rules pipe. Now, I encourage Members to terrible departure from the traditions of the Senate which protect debate, we check on that because, to me, that of this body in the way this entire en- are not only going to be able to debate pretty much gives an out for American ergy bill has been handled. From the all tomorrow, we can go all night to- steel. In effect, it says that all steel beginning, it was taken away from the morrow if anyone wants to talk. That coming into the United States is sub- committee of jurisdiction, the Energy is what this is all about. ject to a 30-percent import tariff, ex- and Natural Resources Committee. It It seems to me we have had every op- cept 52-inch pipe. It seems to me that was taken away by the majority leader portunity to have this brought before is not in the best interest of what we because he knew we had the votes to us. I have been on this floor many

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2715 times, most of the time representing do not take a bit of credit away from hearings on our bill than they had on the majority leader, saying: Please them for doing that. That is their job, their bill. bring this forward. Could you do it to- and they have done a good job. But As I say, in the legislative process, morrow? I even said I think I will offer there are certain things that are not this is used so many times, but it cer- the amendment out of the House just really—I should say they are not fac- tainly is as descriptive as I can be: to speed things up. Yesterday I asked: tual in some respects. There are two things one does not want Can we start this in the morning? For example, on the energy bill, to watch: Sausage being made and the The reason we have not had other there have been a lot of hearings in the Senate creating legislation because it people speaking in opposition to the committee on which Senator MUR- is not a lot of times an orderly process, amendment is that the two Alaska KOWSKI sat as the chairman; now Sen- but we do it by the rules, just as when Senators would not allow us to have ator BINGAMAN is the chairman. We the Republicans were in the majority anybody. We wanted to intersperse went through this before. There were 12 they did it by the rules. speakers. Senator BINGAMAN, the man- hearings. Senator MURKOWSKI is right, Sometimes we wish we did not have ager of the bill, wanted to propound a maybe we should have had more hear- these rules, but they are here, and they unanimous consent request to set up ings. There are not a lot of bills around are here for a reason. We have played an orderly process to debate. Senator here that have that many hearings on by the rules, and we will continue to BINGAMAN, being the gentleman he is, them. Anytime there is important leg- play by the rules and do the best we sat down and did not say a word. It is islation—which this is, setting the en- can. unusual that the manager of the bill ergy policy of this country—it is hard The important issue is when we vote. has not had the opportunity to speak. to satisfy everybody. That is when the real decisions are He waited around, I guess, but he has Senator DASCHLE did the best he made. On occasions it is hard to get to been here all day. could. He brought a bill before the Sen- a vote, as it has been on this issue. On Senator BINGAMAN is going to speak ate. I lost track of the time: 18, 19 Thursday morning we are going to tomorrow against these amendments. I days—a long time ago. We started on vote. announced this earlier. I said Senator the 18th day of February. Senator The PRESIDING OFFICER. The Sen- BINGAMAN is going to speak against the DASCHLE has done fine getting it to ator from Alaska. amendment, and Senator BREAUX is this point. I think the legislation is Mr. MURKOWSKI. Mr. President, I going to speak in favor. Senator KERRY moving along. I look forward to the de- think it is appropriate, however, since wants to speak for an extended period bate tomorrow. we have the responsibility for some of time. If anybody is looking for oppo- Senator MURKOWSKI wants to hear consistency, to refer to the manner in sition to this amendment, I spoke in people in opposition to this. He is going which the Pickering nomination was opposition to it today. I compared the to hear some. They will be just as be- handled. Arctic wilderness to my home in lievable as the Senators from Alaska in A quote from the majority leader on Searchlight, NV. I compared the desert presenting their case. March 6 states: to the wilds of Alaska. The PRESIDING OFFICER. The Sen- If we respect the committee process at all, Mr. MURKOWSKI. Mr. President, I ator from Alaska. I think you have to respect the decisions of wonder if my friend will yield for a Mr. MURKOWSKI. Mr. President, I every committee. I will respect the wishes question. wonder if my friend will yield. I hate to and the decisions made by that committee, Mr. REID. I will be happy to yield to prolong this, but I have to stay here as as I would with any other committee. my friend from Alaska. long as he does. I guess we have a little Then at a news conference March 14, Mr. MURKOWSKI. Mr. President, I bit of a standoff. With respect to the after the disposition: respectfully request the reference not committee process, I certainly concur Committees are there for a reason, and I be to the Arctic wilderness because, ob- we have had a lot of hearings, but I ask think we have to respect the committee ju- viously, we are all aware that this is the majority whip why we did not have risdiction, responsibility and leadership, and not a designated wilderness. I thank any markups. Why did the majority that’s what I intend to do. the Chair. leader forbid our committee from hav- Obviously, there was never an oppor- Mr. REID. I will be happy to restate ing markups after the hearings, when a tunity for the committee as a whole to it: ANWR, and anyplace in my remarks majority of the committee supported bring the matter to the floor, and I in the last few minutes where I said ANWR? I would certainly appreciate think we all can reflect on that bit of ‘‘Arctic wilderness,’’ I was simply say- any enlightenment. The only thing I inconsistency. ing not wilderness in the sense of legis- have ever heard is that it was perhaps I conclude by referring to the release lative wilderness, but it is a very re- controversial. But I certainly defer to on October 9, 2001. It was entitled: En- mote area. The place around Search- the whip to advise us as to what the ra- ergy Committee Suspends Markups; light is not wilderness either in the tionale was of forbidding any markups. Will Propose Comprehensive and Bal- true sense of the word, but it is pretty Mr. REID. Mr. President, if I may re- anced Energy Legislation to Majority wild desert. I did not mean to connote spond to my friend from Alaska—we Leader. This was by Chairman JEFF any legal term when I said ‘‘wilder- have been through this before, but I am BINGAMAN, and it says: ness.’’ It is just a place out there all happy to go through it again—I had an At the request of Senate Majority Leader alone, Mr. President. exchange on the floor with my counter- Tom Daschle, Senate Energy and Natural My friend from Alaska used the part, Senator NICKLES, who said we had Resources Committee Chairman Jeff Binga- words ‘‘extreme disappointment.’’ I can no hearings, and I listed by date the man today suspended any further markup of relate the extreme disappointment I hearings we had. He said we had no energy legislation for this session of Con- have had on this bill in the last 18 days markup, and there was not a markup gress. Instead, the chairman will propose waiting, waiting, waiting to get to on this bill. That is acknowledged. Per- comprehensive and balanced energy legisla- ANWR. That is the crux of this bill. We haps we learned something from when tion that can be added by the majority lead- er to the Senate calendar for potential ac- know that. If ANWR is disposed of one the Republicans were in control of the tion prior to adjournment. Noted Bingaman, way or another, we have a bill. Senate because their last energy bill it has become increasingly clear to the ma- My friends from Alaska said they had no markup. jority leader and to me that much of what knew they had the votes. We will find We do not need to have this tit for we are doing in our committee is starting to out when we vote on this. Under a pro- tat. This is the Senate. There are dif- encroach on the jurisdictions of other com- cedure of the Senate, unless something ferent ways of moving things forward. mittees. Additionally, with the few weeks re- changes, we are going to vote on this Senator DASCHLE did everything by the maining in this session, it is now obvious to an hour after the Senate comes in on rules of the Senate. He did not do any- all how difficult it is going to be for these Thursday. That is under the rules of thing that was shady or try to contrive various committees to finish their work on energy-related provisions. the Senate. I know—and I repeat what something. He certainly did not do Finally, and perhaps most importantly, I said a few minutes ago—the Senators anything that the Republicans had not Senator Bingaman said, the Senate’s leader- from Alaska believe in what they are done when they were in the majority, ship sincerely wants to avoid quarrelsome, doing. I repeat the words fervently. I except I believe we had a lot more divisive votes in committees. At a time

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2716 CONGRESSIONAL RECORD — SENATE April 16, 2002 when Americans all over the world are pull- sources Committee Chairman Jeff Bingaman is. He is criticized for doing something ing together with a sense of oneness and pur- today suspended any further mark-up of en- in the committee. He is criticized by pose, Congress has an obligation at the mo- ergy legislation for this session of Congress. the minority for doing the work in the ment to avoid these contentious issues that Instead, the Chairman will propose com- Committee on the Judiciary. When he divide rather than unite us. prehensive and balanced energy legislation does that, he is criticized. When he I ask unanimous consent that these that can be added by the Majority Leader to the Senate Calendar for potential action does not do it, he is criticized on the quotes be printed in the RECORD. prior to adjournment. energy bill. There being no objection, the mate- Noted Bingaman, It has became increas- We do not need this tit for tat stuff, rial was ordered to be printed in the ingly clear to the Majority Leader and to me but at least having been in the Senate RECORD, as follows: that much of what we are doing in our com- during the time the Republicans con- [From the Congress Daily AM, Apr. 16, 2002] mittee is starting to encroach on the juris- trolled the Judiciary Committee we dictions of many other committees. Addi- GOP PLAN TO LINK DRILLING WITH STEEL AID are at least having hearings for the tionally, with the few weeks remaining in FALLS THROUGH judges. They would not even do that. this session, it is now obvious to all how dif- We had judges who waited 4 years and (By Geoff Earle and Brody Mullins) ficult it is going to be for these various com- An idea that top Republicans had been con- mittees to finish their work on energy-re- did not even get a hearing. I do not sidering to link a steel program with an lated provisions. think the Judge Pickering nomination amendment oil drilling in the Arctic Na- Finally, and perhaps most importantly, is a good example because if they use tional Wildlife Refuge has fallen through, ac- Bingaman said, the Senate’s leadership sin- how they treated our judicial nomi- cording to Sen. John (Jay) Rockefeller, D–W. cerely wants to avoid quarrelsome, divisive nees, that is those under President Va. votes in committee. At a time when Ameri- Clinton, we would win that in a slam ‘‘It’s quite dead,’’ Rockefeller said. ‘‘The cans all over the world are pulling together dunk. deal was nixed by the White House.’’ with a sense of oneness and purpose, Con- We are moving judges more rapidly Rockefeller said that Sen. Ted Stevens, R– gress has an obligation at the moment to than they did. We are giving all the Alaska, approached him last week about avoid those contentious issues that divide, linking provisions to provide healthcare and rather than unite, us. judges hearings as quickly as possible. retirement benefits to steelworkers using Bingaman will continue to consult and My personal feeling is the Pickering ANWR royalties. Rockefeller said that Ste- build consensus with members of his com- nomination is not a good example of vens told him, ‘‘I need oil, you need steel, mittee, with other committee chairs and how the Republicans have treated us let’s see if we can work together.’’ with other Senators as he finalizes a pro- with the Judiciary Committee. Maybe Rockefeller, who has opposed ANWR in the posal to present to the Majority Leader. some other committee but not Judici- past, said he would be willing to back ANWR ary, because we, for lack of a better de- if it included so-called steel legacy provi- If we respect the committee process at all, scription, took it in the shorts with our sions. But Rockefeller said he would not go I think you have to respect the decisions of along unless Republicans could produce let- every committee. I will respect the wishes judicial nominees. ters from the president or vice president. and the decisions made by that committee, LOW INCOME HOME ENERGY ASSISTANCE Speaker Hastert, and House Energy and as I would with any other committee.—Sen- PROGRAM Commerce Chairman Tauzin, to ensure that ator Tom Daschle, News Conference, March Ms. LANDRIEU. I am delighted to the provisions are included in a final bill 6, 2002. participate in a colloquy with Senator after a conference committee. Committee are there for a reason, and I KENNEDY on the important issue of the But Rockefeller said the administration think we have to respect the committee ju- Low Income Energy Assistance Pro- told him that while a letter might be pos- risdiction, responsibility, and leadership, gram. and that’s what I intend to do.—Senator sible, ‘‘you get us 60 votes first.’’ I want to recognize Senator KEN- Sixty votes will be needed to break a fili- Tom Daschle, News Conference, March 14, NEDY’s tireless work on behalf of the buster of an ANWR amendment. 2002. Rockefeller said he did not think there For whatever reason, the Republicans are people in need that this program were more than 54 votes for a clean ANWR slow-walking the energy bill. They appear strives to serve. In particular, I want bill. ‘‘The deal being off, they’ll be lucky if not to want to move this to final passage or to laud his efforts to increase LIHEAP they’re at 50,’’ he said. Rockefeller added he to a conclusion. We’re not sure why they’re authorizations. For too long, this pro- was searching for other vehicles to move not more supportive of bringing the debate gram has not kept pace with Congress’ steel legislation. to a close, but they have yet to offer the original intent. No one has been more Rockefeller said he was able to draw con- ANWR amendment and some of the other acutely aware of this than Senator clusions about the lack of interest on the more controversial amendments. So we’ve KENNEDY himself. He has worked dili- been on the legislation 12 days already, and, part of the White House from a conversation gently to ensure LIHEAP is fully fund- with Commerce Secretary Evans. you know, that’s almost three weeks, and we ‘‘The White House isn’t behind it, you can have—we have very little prospect of fin- ed, including an effort to commit $3.4 forget the whole thing,’’ he said. Rockefeller ishing the legislation any time in the fore- billion to the program. added that he plans to vote against ANWR. seeable future. So we’re going to have to Unfortunately, it takes more than Meanwhile, the Senate is expected to begin make some decisions about cloture when we the tireless work of even such a distin- debate today on the ANWR amendment. En- get back, but its disappointing that they guished Chairman as Senator KENNEDY ergy and Natural Resources ranking member have not been more willing to move the leg- to make this change. It takes each of Frank Murkowski, R–Alaska, had considered islation forward than we’ve seen so far.— us in Congress, and a willing adminis- delaying action until Wednesday, but debate Senator Tom Daschle, News Conference, tration as well. Unfortunately, that on the measure now is expected to begin March 21, 2002. will has not yet been there. In fact, today. Mr. MURKOWSKI. I think it speaks Majority Leader Daschle is expected to de- LIHEAP’s average annual appropria- for itself that indeed there is an incon- tion since 1984 has been $1.4 billion. bate an amendment offered by Sens. Dianne sistency. When it benefits the other Feinstein, D–Calif., and Paul Wellstone, D– Mr. President, 22 years ago, LIHEAP Minn., to give the Federal Energy Regu- side, they basically steamroll the proc- was amended, following its original en- latory Commission new authority to safe- ess by excluding the committee. They actment in 1981. With the 1984 amend- guard electricity consumers. have seen fit to do so, and the energy ments, Congress put in place an ele- On other controversial amendments, Con- bill is certainly the most recent, and I gant, simple and straightforward mech- sumers Union called Monday on the Senate think the most blatant, inconsistency anism to ensure these scarce Federal to strip from the energy bill a far-reaching associated with the administration of resources got to those low-income ethanol compromise that would triple the the leadership. I think this is certainly Americans in greatest need. It accom- amount of ethanol-produced gasoline. evidenced even further by the manner modates: Annual updates of State ex- in which the cloture motion has been ENERGY COMMITTEE SUSPENDS MARK-UPS; penditures for low-income home energy WILL PROPOSE COMPREHENSIVE AND BAL- laid down this evening, after only less requirements—regardless of fuel ANCED ENERGY LEGISLATION TO MAJORITY than 3 hours of debate on what, indeed, source—for heating and cooling. LEADER the majority whip identified as the Changes in weather—including heating/ (By Jeff Bingaman, Chairman Senate Com- major issue in the energy bill. cooling degree days and fuel price vola- mittee on Energy and Natural Resources, The PRESIDING OFFICER. The Sen- tility—for electricity, fuel oil, liquid Oct. 9, 2001) ator from Nevada. petroleum gases and natural gas. At the request of Senate Majority Leader Mr. REID. Mr. President, this indi- I have just described to you as near- Tom Daschle, Senate Energy & Natural Re- cates how tough Senator DASCHLE’s job perfect a means as possible to get the

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2717 funds to those low-income Americans LIHEAP helps families meet their it would be difficult for the State of in greatest need. This mechanism can home energy needs, so they can meet Alaska to rely on solar energy during get funds to low-income Californians other immediate priorities, too. its dark winter months. For these rea- reeling from gas and electric price From 1979 to 1998, the Centers for sons, I have expressed my concern to shocks, or Georgians who last summer Disease Control reports that there were the chairman of the Energy Com- endured crushing gas bills. 7,421 deaths in the United States due to mittee, Senator BINGAMAN, that a However, LIHEAP funds do not flow heat stroke. Over the same time pe- broadly applied renewable portfolio to all the places they are needed today riod, CDC says 13,970 people died of standard will not work optimally for but instead where they were needed in hypothermia, or exposure to cold. In all fifty states of the union. While I re- 1979 and 1980. Massachusetts, people who cannot af- main supportive of expanding the use Back then, it was assumed that ford to heat their homes efficiently of renewable energy supplies as an im- LIHEAP appropriations would rise, and often employ more dangerous methods portant part of our national energy the allocation mechanism mentioned of heat—such as using space heaters or portfolio, I prefer an approach that above has been cast aside. The law simply leaving oven doors open. In win- treats regions and states with def- states that unless LIHEAP appropria- ter 2000, an unseasonably cold winter erence to their unique circumstances. tions exceed $1.975 billion, the elements for my state, deaths from home fires An RPS standard cannot be rigid, but described above do not control. In- due to space heaters surged in Massa- must be flexible. stead, the controlling factor is a state’s chusetts. Nearly one out of every five Mr. BINGAMAN. I have been working receipt of funds in 1981. fire deaths in Massachusetts in 2000 with my colleagues from Florida for Much can happen in 22 years. For ex- was caused by a space heater. some time to address their concerns ample, from 1980 to 2000: Dallas’ popu- Had LIHEAP been fully funded, and with the renewable portfolio standard lation grew from 904,074 to 1,118,580; had the program reacted more effec- in the Senate energy bill. Let me say Clark County, NV’s population grew tively to crises, we would have been that I think it is critical to increase from 463,087 to 1,375,765; Greater Phoe- able to save lives. The real tragedy of the use of renewables in order to de- nix, Arizona grew from 1,509,000 to this debate is that the flexibility al- crease our dependence on fossil fuels 3,072,000. ready in LIHEAP isn’t being utilized. and foreign imports. However, I also It would be unfortunate, if we were Emergency LIHEAP funding, des- appreciate the differences that occur unable to respond to such situations, in perately needed in Louisiana, Massa- from region to region and State to these areas, or to the needs of the citi- chusetts, and across the country, is State. I would like to extend an offer zens of my own State of Louisiana, still sitting at the White House. to Senators GRAHAM AND NELSON to merely because LIHEAP was locked The Bush administration is sitting work in conference to find some meth- into the past. We need to address to- on $600 million in LIHEAP funds that od that will enable a renewable port- day’s problems as well. can be placed wherever it is needed folio standard to accomplish the goal Mr. KENNEDY. Mr. President, I most. Half of this emergency funding of increasing renewables while recog- thank Senator LANDRIEU for her com- was approved by Congress in the pre- nizing the legitimate differences ments and commend her for her stead- vious fiscal year. LIHEAP applications among States. I believe that we can fast commitment to the Low Income keep increasing, the economy still find an appropriate way to help each Home Energy Assistance Program. She struggles, and States are forced to cut state include a renewable standard as is an outstanding advocate for needy LIHEAP benefits for our people—but part of their overall energy production, families in Louisiana and across the the administration keeps claiming an and I am committed to working with country. She is correct that the pro- ‘‘emergency’’ doesn’t exist while thou- Senator GRAHAM to accomplish this. gram demands and deserves signifi- sands of families are still facing the Mr. GRAHAM. I want to thank Sen- cantly more funding than it currently terrible choice of heat, cooling, or food. ator BINGAMAN for his work on the en- receives. I’m sure she’s as pleased as I The Bush administration can reach the ergy bill and for his offer to help ad- am that LIHEAP’s authorization levels families it mentioned in its budget dress on my concerns with the renew- are increased in the underlying bill. I message right now by releasing the able standard specifically. I look for- look forward to working with her and emergency funds. Until it does so, the ward to working together on this im- with her colleagues on the Appropria- administration can’t discuss improving portant provision, and I withdraw my tions Committee to increase funding LIHEAP with any credibility. related amendments. for this vital program. Ms. LANDRIEU. Mr. President, I f Senator LANDRIEU has raised some wish to thank the senior Senator from MORNING BUSINESS very important concerns about the pro- Massachusetts, Senator KENNEDY, for Mr. REID. Mr. President, I ask unan- gram which must be addressed during his interest and commitment to ad- imous consent that the Senate now the re-authorization process. I plan to dressing this issue during reauthoriza- proceed to a period for morning busi- tion. I look forward to working closely hold hearings on this issue and invite ness, with Senators permitted to speak with Chairman KENNEDY on this mat- Senator LANDRIEU to testify. Her pro- therein for a period up to 5 minutes. posals will play a very serious role dur- ter next year as well as the oppor- The PRESIDING OFFICER. Without ing consideration of LIHEAP re-au- tunity to testify before his committee. objection, it is so ordered. thorization. Throughout the South and the South- f Senator LANDRIEU raises a critical west there is an urgent need for this re- point regarding the vulnerability of form and I am grateful for Senator SELECTING DAVID AND ANN our poorest citizens to extreme weath- KENNEDY’s support. SCOVILLE TO RECEIVE THE NA- er conditions. My State is the home of RENEWABLE PORTFOLIO STANDARD TIONAL CRIME VICTIM SERVICE ground-breaking research on the nega- Mr. GRAHAM. Mr. President, we AWARD tive health impacts of extreme tem- have heard hours of debate on the Sen- Mr. LEAHY. Mr. President, I join all peratures, particularly on poor chil- ate energy bill. One of the messages Vermonters in congratulating David dren with chronic illnesses suffering that we’ve heard repeated in state- and Ann Scoville on receiving the Na- through cold winters. Research at the ments on many different energy re- tional Crime Victim Service Award of Failure to Thrive Clinic at Boston lated subjects is that energy policy is 2002. We thank them for all they do to Medical Center has indicated that highly influenced by region. Energy help the victims of crime and to help needy children often start to lose policy that works in one region may the public understand victims’ needs. weight and suffer additional problems not work in another, nor do policy de- Nearly 20 years ago the Scovilles suf- associated with malnutrition, because cisions necessarily translate from state fered every parent’s nightmare—the their families are spending less of their to state. For example, Florida’s unique disappearance and murder of their meager incomes on food and medicine, topographic, climatic, and geological daughter, Patricia. The crime that and more on fuel bills. No family conditions make it impossible to har- took her from them remains unsolved should have to choose between energy, ness certain forms of renewable energy, to this day—a situation that has com- rent, prescription drugs, or food. such as wind and hydropower. Just as pounded the Scovilles’ suffering and

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2718 CONGRESSIONAL RECORD — SENATE April 16, 2002 one that also torments many other basis, and encourage further experi- he, and many others, played in our families. mentation with the community-based modern history. He had a unique view Through their lives and examples, restorative justice model in the juve- of an appalling and shameful era of his- the Scovilles have become role models nile court setting. tory. Let me explain. for grieving families who have suffered We were able to include much of the During World War II, Jan Karski similar losses. They have summoned Crime Victims Assistance Act in last brought Allied leaders in the West—at the courage and compassion to harness year’s USA PATRIOT Act supported by no small risk to his own life—what is their pain for positive outcomes. They Republicans and Democrats. One major believed to be the first eyewitness re- have made it their work to help other provision that remains to be achieved, ports of Hitler’s indescribable acts of families escape the anguish they en- however, is to eliminate the artificial hate and cruelty against the Jews. In dured, and to help raise the awareness cap on the Crime Victims’ Fund, which 1942, Jewish resistance leaders asked of public officials about the importance has prevented millions of dollars from Jan, then a 28-year-old courier for the of victims’ participation throughout reaching victims and from supporting Polish underground, to be their voice all phases of the criminal justice proc- essential services for them. to the West—to convey to the Allies an ess. While we have greatly improved our actual eyewitness account of the geno- Victims of murder, rape, domestic vi- crime victims assistance programs and cide in Europe. olence, sexual assault and other crimes made advances in recognizing crime He readily accepted this dreadful deserve the understanding and support victims’ rights, we still have more to task, because he knew that someone of the American people and of the Con- do. I commend David and Ann Scoville had to tell the world exactly what was gress. We have a duty to ensure that for their leadership and look forward to happening in Europe. Though he suc- the criminal justice system is one that continuing to work with them to ad- ceeded in relaying the nightmarish sto- respects the rights and dignity of crime vance crime victims’ rights legislation, ries to Western leaders, his reports victims, rather than one that com- and to make a difference in the lives of were met initially by indifference. plicates or even exacerbates the suf- crime victims. While many others would eventually fering of those already victimized. f confirm Jan’s horrifying accounts of Congress has listened to their coun- the Jewish concentration camps and sel and to the counsel of other victims ADDITIONAL STATEMENTS the Warsaw Ghetto in Poland, he was of crime. Over the past two decades one of the first, and one of very few, to many of us have worked hard to pass HOLOCAUST EDUCATION take action against these atrocities. laws that have provided victims with We are discovering that Jan was not ASSISTANCE ACT greater rights and assistance, including the only witness to the slaughter of in- stronger protection for witnesses of ∑ Mr. DEWINE. Mr. President, I rise nocent civilians by Nazi Germany. We crime; a Victims’ Bill of Rights; pro- today, during these Days of Remem- are learning more about the atrocities tection for female victims of violence; brance, to remind my colleagues about of the Holocaust through thousands mandatory restitution for crime vic- those who perished, but also those who and thousands of pages of previously tims; special awareness of the needs of persevered, in the unimaginable atroc- classified material about Nazi war victims with disabilities; special pro- ities of the Holocaust. criminals, persecution, and looting. grams for victims of terrorism; and an Through remembering the Holocaust This information is being made avail- act for victims of trafficking. and teaching generation after genera- able by a dedicated group of individ- We continue the fight to win more tion about the atrocities that occurred uals, both in government and in the rights and help for victims of crime, over 60 years ago, we can help ensure private sector, who are working hard largely because the victims’ rights that such tragedies do not repeat to declassify these important pieces of agenda in Congress has been advanced, themselves. General Dwight D. Eisen- history. This effort is the result of the year by year, by advocates like the hower recognized this long ago. After ‘‘Nazi War Crimes Disclosure Act’’ leg- Scovilles. I, with Senator KENNEDY, visiting the Ohrdruf concentration islation passed and signed into law have introduced the Crime Victims As- camp in 1945, General Dwight Eisen- with the help of my friends and col- sistance Act of 2001, which focuses on hower arranged for mass witnessing of leagues from New York, Senator PAT- protecting victims’ rights, including the camps by military, press reporters, RICK MOYNIHAN and Congresswoman victims’ enhanced participatory rights and photographers. ‘‘Let the world CAROLYN MALONEY. at trial and sentencing. see,’’ ordered Eisenhower. He realized The documents that are now public This legislation requires that a re- that the world must bear witness to can serve as tools for education, to sponsible official consult with victims the atrocities of the Holocaust, and teach our children the horrors of the prior to detention hearings, and con- that it was necessary to teach our chil- Holocaust, so that it will never be re- sider victims’ views about any con- dren about what had happened. peated. templated plea agreement. It calls for To help make sure that future gen- Jan Karski persevered, but for the the presiding judge to inquire regard- erations continue to learn about and rest of his life, he carried the sights, ing victims’ views on detention, and remember the Holocaust, my friend the sounds, the smells, and the sadness prohibits the court from entering a and colleague from Connecticut, Sen- of the Holocaust with him. Karski, judgment upon a guilty plea without ator DODD, and I introduced a bill last himself, once said: ‘‘This sin will haunt regarding victims’ views. The bill also week, called the ‘‘Holocaust Education humanity to the end of time. It does provides for enhanced victims’ rights Assistance Act.’’ Our new bill would haunt me. And, I want it to be so.’’ regarding the right to attend the trial authorize two million dollars for Jan Karski wanted us all to be haunt- and sentencing. Victims are also given grants to schools and school districts ed by the Holocaust. He wanted us specific rights regarding notice of sen- to develop a curriculum that teaches never to forget. He devoted his life to tence adjustment, discharge from a our students about the Holocaust, the ensuring that such inhumane horror psychiatric facility and executive triumph of the Jewish people, and all would be present forever in our collec- clemency. who helped them persevere. tive conscience, so that we, above all In addition to these improvements to At the same time, it is also impor- else, would never let this dark chapter the Federal system, this legislation tant to teach our children about the in our history ever, ever repeat, itself. proposes several programs to help thousands of individuals, both Jewish To understand the Holocaust is to re- States provide better assistance for and non-Jewish, who took a stand member the lives of those who perished victims of State crimes. These pro- against the persecution and killing of and those who resisted, to remember, grams would improve compliance with innocent people. I am reminded today ‘‘always remember,’’ as Jan would say, State victims’ rights laws, promote the of an obituary I read in the New York what their sacrifices meant, and still development of state-of-the-art notifi- Times a couple of years ago, of a man mean, for our world. Stories such as cation systems to keep victims in- named Jan Karski, who was one of the Jan Karski’s should never be forgotten formed of case developments and im- first to stand up to the injustice of the and the way to ensure that is through portant dates on a timely and efficient Holocaust. I am reminded of the role education.∑

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2719 STRENGTHENING THE PUBLIC’S ernmental Affairs Committee Hearing able acts of volunteerism. This year a HEALTH AND FIGHTING BIOTER- in October. record 28,000 young men and women RORISM Senator ROCKEFELLER and I intro- were considered for this special award. ∑ Mr. AKAKA. Mr. President, I rise duced S. 1561 Strengthening bioter- The two top youth volunteers from today to talk about strengthening our rorism preparedness through expanded my State are Chelsie Gorzalka, 17, of medical care community against the National Disaster Medical System Clearmont and Tabetha Waits, 12, of threat of bioterrorism. As chairman of training programs. This measure pro- Rawlins. We can be proud of each of the Subcommittee on International Se- vides training for health care workers them for the difference they have made curity, Proliferation, and Federal Serv- for bioterrorism or any biological cri- in their communities. Their efforts ices, I held a hearing in July 2001 where sis. Strengthening the public health help to make their home towns better representatives from the Federal system is very important and is being places to live. Emergency Management Agency and addressed by several congressional and Chelsie Gorzalka is a member of the the Department of Health and Human administrative initiatives. But public Sheridan County Extension 4–H and a Services discussed the activities under- health does not translate necessarily senior at Arvada/Clearmont High way by dedicated Federal employees to the medical community. Creating a School. Chelsie received her nomina- across the Government to prepare our critical line of defense against bioter- tion for the puppet plays she puts on communities for a biological crisis. On rorism must involve health care profes- around the State in an effort to edu- October 17, 2001, I co-chaired a joint sionals. Training of emergency medical cate our young children about the dan- Subcommittee/Governmental Affairs technicians, physicians, and nurses has gers of tobacco and drugs. Committee hearing to discuss further been hindered by a lack of economic in- Tabetha Waits of Rawlins Middle the public health implications of bio- centives for hospitals and clinics to School was nominated for her organiza- terrorism. Coincidentally the hearing make available formal training oppor- tion of ‘‘You Can’t Break Our Stride’’ was held on the same day the Hart Sen- tunities. an all-school walkathon that raised ate Office Building was shut down be- In fiscal year 2001, the Department of nearly $10,000 to assist the families of cause of the anthrax attack. Veterans Affairs, VA, was appropriated those who were affected by the Sep- Through these hearings, and several $800,000 to establish a training program tember 11 terrorist attacks. others held in both the House and Sen- for VA staff for the National Disaster These two award winners, along with ate, we have learned that the Federal Medical System, which is made up of the two honorees who have received Government is not unprepared to deal VA and the Departments of Defense this award from each of the other with bioterrorism. However, prepared- and Health and Human Services, and States, the District of Columbia and ness levels are not uniform or con- the Federal Emergency Management Puerto Rico, will receive a $1,000 sistent across the United States, and Agency. award, an engraved silver medallion, there are considerable and serious One such training program, open to and a trip to the Nation’s capital. Dur- problems. As I said during our hearing VA and Department of Defense staff as ing their stay here, ten from among in October, while not unprepared, well as their community counterparts, that group of finalists will be named America is clearly under prepared. took place earlier this year. The America’s top youth volunteers for Now, almost 6 months to the day Akaka-Rockefeller bill expands this 2002. after the first anthrax letter arrived in program by drawing on established In addition to Chelsie and Tabetha, I Hart, I urge my colleagues to join me partnerships between the 173 VA hos- would like to congratulate our State’s in sponsoring two initiatives that are pitals and community hospitals and two distinguished finalists. modest in nature but which have pro- using existing VA resources to imple- Cory Poulos, 18, was nominated by found impact on our fight against bio- ment a telemedicine and training pro- Natrona County High School. He orga- terrorism. gram for local health care providers in nized and participated in a Roof-Sit The first initiative, S. 1560 the Bio- bioterrorism preparedness and re- fundraiser that collected more than logical Agent-Environmental Detec- sponse. $5,000 to benefit ‘‘Families of Free- tion Act, will increase our efforts to In formulating a congressional re- dom,’’ a post secondary education fund develop the necessary tools to mini- sponse to bioterrorism, we must not for children whose parents were injured mize the impact of bioterrorism by re- forget the role our local and commu- or killed in the September 11 terrorist ducing the number of people exposed nity hospitals would play in such a cri- attacks. and alerting authorities and medical sis. We must provide our professionals, Mark Sabec, 17, was nominated by personnel to a threat before symptoms public health officials, and emergency Natrona County High School as well. occur. Current methods are not ade- managers the earliest possible warning He created ‘‘No Casualties,’’ a peer and quate to monitor the air, water, and of pending outbreaks. I know our sci- adult mentoring project aimed at re- food supply continuously in order to entists and engineers can develop ro- ducing the number of school dropouts detect rapidly the presence of biologi- bust, effective, and accurate detection in his community. cal agents. methods. Likewise, I believe we have Our congratulations goes out to The Biological Agent-Environmental the best and most dedicated health these fine young people and to all those Detection Act establishes an inter- care staff in the world. They deserve to who participated in the awards pro- agency task force to coordinate public- have the training and information gram. Thanks to them, it is clear that private research in environmental needed to protect and treat Americans our future is in good hands.∑ monitoring and detection tools of bio- in instances of biological terrorism.∑ f terrorist agents. The act authorized ap- f propriations totaling $40 million to the IN SUPPORT OF ONCOLOGY Department of Health and Human THE PRUDENTIAL SPIRIT OF NURSES AND ONCOLOGY NURS- Services to encourage cooperative COMMUNITY AWARDS ING SOCIETY agreements between Federal Govern- ∑ Mr. ENZI. Mr. President, it is with a ∑ Mr. REED. Mr. President, I would ment and industry or academic labora- great deal of pride that I share with my like to bring to the attention of my tory centers, and pursue new tech- colleagues the names of several Wyo- colleagues the important role that on- nologies, approaches and programs to ming students who are being honored cology nurses play in the care of pa- identify clandestine laboratory loca- for their outstanding community serv- tients diagnosed with cancer. tions. The act also establishes a means ice with a Prudential Spirit of Commu- This year alone 1,284,900 Americans of testing, verifying and calibrating nity Award. will hear the words ‘‘You have cancer’’. new detection and surveillance tools These awards, in their seventh year, Everyday, oncology nurses see the pain and techniques developed by the pri- are presented by Prudential Financial, and suffering caused by cancer and un- vate sector. Secretary of Health and together with the National Association derstand the physical, emotional, and Human Services Thompson supported of Secondary School Principals. They financial challenges that people with this legislation and the authorization honor the young people of our State cancer face throughout their diagnosis amount during the Subcommittee/Gov- who were nominated for their remark- and treatment.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2720 CONGRESSIONAL RECORD — SENATE April 16, 2002 Cancer is a complex, multifaceted, cancer treatments, learn the latest de- our troops in World War II, our civilian and chronic disease, and people with velopments in cancer nursing research, manufacturers of today, working with cancer are best served by a multidisci- and enhance their clinical skills and our military, will ensure the freedoms plinary health care team specialized in contribute to their professional devel- we all enjoy.∑ oncology care, including nurses who opment. In addition, approximately 550 f are certified in that specialty. Oncol- of these nurses—representing 49 ogy nurses play a central role in the states—will come to Capitol Hill to dis- REVEREND DR. BYRON HOWELL provision of quality cancer care as they cuss issues. BROWN, JR. are principally involved in the admin- I would like to commend the Oncol- ∑ Mrs. CLINTON. Mr. President, the istration and monitoring of chemo- ogy Nursing Society for all of its ef- congregation of Christ Church and the therapy and the associated side-effects forts over the last 27 years and to Village of Garden City experienced a patients may experience. As anyone thank the Society and its members for great loss when the Reverend Dr. ever treated for cancer will tell you, their ongoing commitment to improv- Byron Howell Brown, Jr. passed away oncology nurses are intelligent, well- ing and assuring access to quality can- on Saturday, April 13. Father Brown, trained, highly skilled, kind-hearted cer care for all cancer patients and as he was affectionately known by all ∑ angels who provide quality clinical, their families. those who knew him, was a life-long psychosocial, and supportive care to f resident of Garden City and was insti- patients and their families. In short, CYGNUS tuted as Rector of Christ Church in they are integral to our nation’s cancer 1967. Throughout his tenure as Rector, ∑ Mr. CRAIG. Mr. President, I rise care delivery system. Father Brown was the spiritual leader The Oncology Nursing Society, ONS, today to congratulate Cygnus, Inc. of of several generations of parishioners, is the largest organization of oncology Ponderay, ID on being recognized as but it would be impossible to quantify health professionals in the world with one of Boeing’s Top 25 Suppliers for the how many lives he touched. Father more than 30,000 registered nurses and C–17. Brown truly practiced the lessons that other health care professionals. Since As we all know, the C–17 is one of our he preached. He was a faithful and 1975, the Oncology Nursing Society has key aircraft. Since it was first put into committed rector, husband, father, been dedicated to excellence in patient service in 1993, the C–17 has proven its grandfather, coach, counselor, mentor, care, teaching, research, administra- worthiness as an extremely flexible and friend. He will be deeply missed by tion and education in the field of on- airlift aircraft vital to our national se- all those who were fortunate enough to cology. The Society’s mission is to pro- curity. Lately, Congress has reaffirmed know him, learn from him, and hear mote excellence in oncology nursing its commitment to the C–17 by author- his message of God’s abiding love. and quality cancer care. To that end, izing the purchase of additional air- Through his devotion and kindness to ONS honors and maintains nursing’s craft. This is the right thing to do and his congregation, his family, and all historical and essential commitment I applaud my colleagues. In this day those he served, he set a standard to to advocacy for the public good by pro- and age, we need a rapid-deployment which we should all aspire. viding nurses and healthcare profes- airlift aircraft that can reach remote Father Brown will be laid to rest to- sionals with access to the highest qual- areas. The C–17 delivers and we must morrow, with a mass of Christian bur- ity educational programs, cancer-care continue to support the program. Not ial at the Cathedral of the Incarnation. resources, research opportunities, and only is it important for our national But Father Brown’s spirit and kindness networks for peer support. defense, it is money well spent because will live on through his beloved wife The ONS has a chapter that serves of quality subcontractors like Cygnus. the state of Rhode Island and the Cygnus has supplied top-notch parts Marylou, his children Jeanne, Thomas, southeastern Massachusetts areas. for the C–17 since the first aircraft Timothy and Janice, his daughters in This chapter helps them to continue to rolled off the assembly line. Today, law Lisa, and Mary Patricia, and espe- provide high quality cancer care to Boeing and Cygnus celebrated the de- cially through his grandchildren Aidan livery of the parts for the 100th C–17 Byron, Sarah Margaret, Frances Anne, those patients and their families. On ∑ behalf of the people of Rhode Island, I and Boeing will recognize Cygnus as and Matthew George. want to express my appreciation for all one of the top 25 suppliers for the pro- f that these amazing nurses do to ad- gram. LOCAL LAW ENFORCEMENT ACT vance the health and well-being of peo- Cygnus is a real success story of OF 2001 ple with cancer and to further the prac- Idaho. It started in 1998 and since then tice of oncology nursing. has grown to sixty-five employees, ∑ Mr. SMITH of Oregon. Mr. President, Despite significant breakthroughs in forty-five of which work on its C–17 I rise today to speak about hate crimes the treatment, early detection, and program. What is truly remarkable is legislation I introduced with Senator prevention of cancer, two-thirds of new they have taken those 65 employees, KENNEDY in March of last year. The cancer cases strike people over the age who didn’t have experience in the aero- Local Law Enforcement Act of 2001 of 65 and the number of new cancer space manufacturing field, and turned would add new categories to current cases diagnosed among the elderly is them into a stellar team supplying our hate crimes legislation sending a sig- projected to more than double by 2030 Nation’s military. Because they have nal that violence of any kind is unac- as the Baby Boom generation ages. The chosen to locate in Ponderay, ID, they ceptable in our society. impact that cancer has on our nation, have helped to diversify the local econ- I would like to describe a terrible especially on the Medicare Program, omy from a natural resource dependent crime that occurred July 8, 1997 in cannot be underestimated or over- economy to one that has a diverse in- Rock Island, IL. A gay man was at- looked. In addition, more than 115,000 dustrial base. tacked by two youths who used anti- nursing positions will go unfilled by Boeing is not the only one to recog- gay epithets. The assailants, Nicholas the year 2015—a factor which—taken nize Cygnus’ performance. In 2000, Re- S. McGonigle, 18, and Donald Thomp- with eroding Medicare payment for gion 10 of the Small Business Adminis- son, 17, were charged with aggravated outpatient cancer care—further exacer- tration recognized Cygnus as the Sub- battery and a hate crime in connection bates the challenge of a growing num- contractor of the Year for their out- with the incident. ber of cancer cases. standing work on the U.S. Navy’s F–18 I believe that government’s first duty This week more than 5,000 oncology E/F program. is to defend its citizens, to defend them nurses from around the country have Since September 11, our country has against the harms that come out of traveled to Washington, DC to attend recognized, more than ever, the sac- hate. The Local Law Enforcement En- the Oncology Nursing Society’s 27th rifice that our Nation’s military gives hancement Act of 2001 is now a symbol Annual Congress. This year’s theme is to protect our freedoms. Today, I also that can become substance. I believe aptly titled ‘‘The Many Faces of Oncol- want to recognize the effort that our that by passing this legislation and ogy Nursing.’’ The attendees will in- civilian laborers put into the effort. changing current law, we can change crease their knowledge of the newest Much like Rosie the Riveter assisted hearts and minds as well.∑

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2721 CLARIFICATION OF THE RECORD ington and will include more than 1,200 EXECUTIVE AND OTHER ∑ Mr. WYDEN. Mr. President, on April students from across the United COMMUNICATIONS 9, 2002, on the floor of the U.S. Senate, States. The following communications were The three-day national competition I announced the cancelation of the Mt. laid before the Senate, together with is appropriately modeled after hearings Hood National Forest Eagle Creek tim- accompanying papers, reports, and doc- in the United States Congress. The ber sales. These sales were sold under uments, which were referred as indi- hearings consist of oral presentations the salvage rider, enacted in 1996 by cated: by high school students before a panel the 104th Congress. During my floor EC–6483. A communication from the Under of adult judges on various constitu- speech, I reiterated my opposition to Secretary of Defense, Acquisition and Tech- tional topics. Questions ranging from the salvage rider, but also inadvert- nology, transmitting, pursuant to law, a re- factual concerns of how the framers ently referred to salvage sales instead port entitled ‘‘Report on Activities and Pro- created the Constitution to more ana- grams for Countering Proliferation and NBC of confining my remarks to salvage lytical questions such as how a mem- Terrorism’’; to the Committee on Armed rider sales. ber of Congress should represent his or Services. I have been, and will continue to be, her constituency will be directed at the EC–6484. A communication from the Chair- a supporter of salvage sales involving man of the Federal Election Commission, students to determine their depth of transmitting, pursuant to law, the report of the commercial recovery of dead or understanding and ability to apply dying timber, when such sales make a rule entitled ‘‘Extension to Administrative their constitutional knowledge. Fines’’ received on March 21, 2002; to the sense for the health of the forest. In The We the People . . . program, di- Committee on Rules and Administration. fact, I worked very hard to make sure rected by the Center for Civic Edu- EC–6485. A communication from the Senior that a salvage sale project went for- cation and funded by the U.S. Depart- Attorney, Financial Management Service, ward in the wake of the 1996 Summit ment of Education, has provided cur- Department of the Treasury, transmitting, and Tower fires, and I continue to sup- ricular materials at upper elementary, pursuant to law, the report of a rule entitled ‘‘Federal Government Participation in the port constructive salvage work being middle, and high school levels for more done to improve forest health through- Automated Clearing House’’ (RIN1510–AA84) than 2.5 million students nationwide. received on April 11, 2002; to the Committee out the National Forests. By providing students with a working on Finance. As I continue to work toward com- knowledge of our Constitution, Bill of EC–6486. A communication from the Sec- prehensive forestry legislation which Rights, and principles of democratic retary of the Federal Trade Commission, Bu- will include both active forest manage- government, We the People . . . gives reau of Competition, transmitting, pursuant ment and old growth protection, I our next generation of leaders an op- to law, the report of a rule entitled ‘‘16 CFR thought it important to correct the portunity to study in depth the docu- Parts 801 and 802’’ (RIN3084–AA23) received RECORD.∑ on April 11, 2002; to the Committee on Com- ments and ideals that have bound this merce, Science, and Transportation. f nation together for so many years. I EC–6487. A communication from the Assist- thank the U.S. Department of Edu- ant Secretary for Land and Minerals Man- RECOGNITION OF JOYCE MAISH cation for continuing to provide fiscal agement, Regulatory Affairs Group, Bureau ∑ Mr. BROWNBACK. Mr. President, I support to this great program and the of Land Management, transmitting, pursu- take this moment to recognize Joyce Center of Civic Education for their on- ant to law, the report of a rule entitled ‘‘Na- Maish, a high school business teacher going commitment to the education of tional Petroleum Reserve, Alaska, Oil and in Augusta, KS. Joyce was one of our Nation’s future. It is truly inspir- Gas Unitization Rule’’ (RIN1004–AD13) re- ceived on April 10, 2002; to the Committee on twelve teachers across the United ing to see that so many young people Energy and Natural Resources. States who was named Teacher of the are interested in furthering the demo- EC–6488. A communication from the Dep- Year by the National Foundation for cratic ideals brought forth by our fore- uty Assistant Secretary, Veterans’ Employ- Teaching Entrepreneurship. fathers so many years ago. ment and Training Service, Department of Joyce has been a teacher at Augusta The class from Highlands High Labor, transmitting, pursuant to law, the re- High School for twenty-five years. At School, led by teacher Brian Robinson, port of a rule entitled ‘‘Annual Report From the high school, Joyce conducts a has proven without a doubt that they Federal Contractors’’ (RIN1293–AA07) re- are dedicated to representing Kentucky ceived on April 8, 2002; to the Committee on ‘‘Youth Entrepreneurs for Kansas’’ Health, Education, Labor, and Pensions. class, in which she attempts to focus in the most admirable fashion possible EC–6489. A communication from the White the ideas and dreams of her students on in this year’s competition. They are House Liaison, Department of Education, the possibility that they could some- currently conducting thorough re- transmitting, pursuant to law, the report of day start their own businesses. More- search and preparing for their upcom- a nomination for the position of Assistant over, she has done an outstanding job ing participation in the national finals. Secretary, Office of Postsecondary Edu- of bringing in local business owners I would like to wish all of these stu- cation, received on April 12, 2002; to the Com- mittee on Health, Education, Labor, and and officials from Augusta and Wichita dents the best of luck at the We the People . . . national finals. It is com- Pensions. to speak to her students to teach them EC–6490. A communication from the Chief about the realities of business enter- forting to know what one of these stu- Counsel, Office of Foreign Assets Control, prise. dents may one day be standing in my Department of the Treasury, transmitting, Joyce Maish is a role model teacher place, representing the great people of pursuant to law, the report of a rule entitled for Kansas and for the Nation. I am the Commonwealth of Kentucky in the ‘‘Amendments of Appendix A to 31 CFR ∑ very pleased that the National Founda- U.S. Senate. Chapter V’’ received on April 3, 2002; to the f Committee on Banking, Housing, and Urban tion for Teaching Entrepreneurship has Affairs. honored Joyce for her years of excel- MESSAGES FROM THE PRESIDENT EC–6491. A communication from the Para- lence. I wish Joyce continued success legal, Federal Transit Administration, De- ∑ Messages from the President of the in all of her future endeavors. United States were communicated to partment of Transportation, transmitting, pursuant to law, the report of a rule entitled f the Senate by Ms. Evans, one of his ‘‘Rail Fixed Guideway Systems; State Safety CONGRATULATIONS AND GOOD secretaries. Oversight’’ (RIN2132–AA69) received on April LUCK TO HIGHLANDS HIGH f 5, 2002; to the Committee on Banking, Hous- SCHOOL ing, and Urban Affairs. EXECUTIVE MESSAGES REFERRED EC–6492. A communication from the Dep- ∑ Mr. BUNNING. Mr. President, today I As in executive session the Presiding uty Secretary, Investment Management Of- rise to congratulate the young men and Officer laid before the Senate messages fice of Disclosure Regulation, Securities and women of Highlands High School in from the President of the United Exchange Commission, transmitting, pursu- Fort Thomas, KY for being chosen to States submitting sundry nominations ant to law, the report of a rule entitled represent the Commonwealth of Ken- ‘‘Registration Form for Insurance Company which were referred to the appropriate Separate Accounts Registered as Unit In- tucky in the national finals of the We committees. vestment Trusts that Offer Variable Life In- the People . . . The Citizen and the (The nominations received today are surance Policies’’ (RIN3235–AG37) received on Constitution program. The competition printed at the end of the Senate pro- April 12, 2002; to the Committee on Banking, will take place May 4–6 here in Wash- ceedings.) Housing, and Urban Affairs.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2722 CONGRESSIONAL RECORD — SENATE April 16, 2002 EC–6493. A communication from the Con- partment of State, transmitting, pursuant to certification of a proposed license for the ex- gressional Review Coordinator, Animal and the Arms Export Control Act, the report of a port of defense articles or services in the Plant Health Inspection Service, Department certification of a proposed license for the ex- amount of $50,000,000 or more to Japan; to of Agriculture, transmitting, pursuant to port of defense articles or services sold com- the Committee on Foreign Relations. law, the report of a rule entitled ‘‘Change in mercially under a contract in the amount of EC–6516. A communication from the Assist- Disease Status of the Czech Republic Be- $50,000,000 or more to Saudi Arabia; to the ant Secretary for Legislative Affairs, De- cause of BSE’’ (Doc. No. 01–062–2) received on Committee on Foreign Relations. partment of State, transmitting, pursuant to April 10, 2002; to the Committee on Agri- EC–6506. A communication from the Assist- the Arms Export Control Act, the report of a culture, Nutrition, and Forestry. ant Secretary for Legislative Affairs, De- certification of a proposed license for the ex- EC–6494. A communication from the Con- partment of State, transmitting, pursuant to port of defense articles or services sold com- gressional Review Coordinator, Animal and the Arms Export Control Act, the report of a mercially under a contract in the amount of Plant Health Inspection Service, Department certification of a proposed license for the ex- $50,000,000 or more to Japan; to the Com- of Agriculture, transmitting, pursuant to port of defense articles or services sold com- mittee on Foreign Relations. law, the report of a rule entitled ‘‘Viruses, mercially under a contract in the amount of EC–6517. A communication from the Assist- Serums, and Toxins and Analogous Products; $50,000,000 or more to Japan; to the Com- ant Secretary for Legislative Affairs, De- Autogenous Biologics’’ (Doc. No. 95–066–2) re- mittee on Foreign Relations. partment of State, transmitting, pursuant to ceived on April 10, 2002; to the Committee on EC–6507. A communication from the Assist- the Arms Export Control Act, the report of a Agriculture, Nutrition, and Forestry. ant Secretary for Legislative Affairs, De- certification of a proposed license for the ex- EC–6495. A communication from the Con- partment of State, transmitting, pursuant to port of defense articles or services sold com- gressional Review Coordinator, Animal and the Arms Export Control Act, the report of a mercially under a contract in the amount of Plant Health Inspection Service, Department certification of a proposed license for the ex- $50,000,000 or more to Japan; to the Com- of Agriculture, transmitting, pursuant to port of defense articles or services sold com- mittee on Foreign Relations. law, the report of a rule entitled ‘‘Infectious mercially under a contract in the amount of EC–6518. A communication from the Assist- Salmon Anemia; Payment of Indemnity’’ $50,000,000 or more to Japan; to the Com- ant Secretary for Legislative Affairs, De- (Doc. No. 01–126–1) received on April 12, 2002; mittee on Foreign Relations. partment of State, transmitting, pursuant to to the Committee on Agriculture, Nutrition, EC–6508. A communication from the Assist- the Arms Export Control Act, the report of a and Forestry. ant Secretary for Legislative Affairs, De- certification of a proposed license for the ex- EC–6496. A communication from the Chief partment of State, transmitting, pursuant to port of defense articles or services sold com- of Staff, United States Trade and Develop- the Arms Export Control Act, the report of a mercially under a contract in the amount of ment Agency, transmitting, pursuant to law, certification of a proposed license for the ex- $50,000,000 or more to Israel; to the Com- a report of prospective funding obligations; port of defense articles or services sold com- mittee on Foreign Relations. to the Committee on Appropriations. mercially under a contract in the amount of EC–6519. A communication from the Assist- EC–6497. A communication from the Con- $50,000,000 or more to Turkey; to the Com- ant Secretary for Legislative Affairs, De- gressional Liaison Officer, United States mittee on Foreign Relations. partment of State, transmitting, pursuant to Trade and Development Agency, transmit- EC–6509. A communication from the Assist- the Arms Export Control Act, the report of a ting, pursuant to law, a report on prospec- ant Secretary for Legislative Affairs, De- certification of a proposed license for the ex- tive funding obligations; to the Committee partment of State, transmitting, pursuant to port of defense articles or services sold com- on Appropriations. the Arms Export Control Act, the report of a mercially under a contract in the amount of EC–6498. A communication from the Chair- certification of a proposed license for the ex- $50,000,000 or more to Turkey; to the Com- man and Vice Chairman of the Federal Elec- port of defense articles to India; to the Com- mittee on Foreign Relations. tion Commission, transmitting jointly, a re- mittee on Foreign Relations. EC–6520. A communication from the Assist- port concerning the request of emergency EC–6510. A communication from the Assist- ant Secretary for Legislative Affairs, De- Fiscal Year 2002 supplemental appropria- ant Secretary for Legislative Affairs, De- partment of State, transmitting, pursuant to tions; to the Committee on Appropriations. partment of State, transmitting, pursuant to the Arms Export Control Act, the report of a EC–6499. A communication from the Assist- the Arms Export Control Act, the report of a certification of a proposed license for the ex- ant Attorney General, Office of Legislative certification of a proposed license for the ex- port of defense articles or services sold com- Affairs, Department of Justice, transmit- port of defense articles or defense services mercially under a contract in the amount of ting, a report relative to the draft legislative sold commercially under a contract in the $50,000,000 or more to International Waters, proposal, ‘‘To Clarify the Authority of the amount of $50,000,000 or more to France, the Pacific Ocean; to the Committee on Foreign Executive Director of the Board to Bring United Kingdom, and Germany; to the Com- Relations. Suit on Behalf of the Thrift Savings Fund in mittee on Foreign Relations. EC–6521. A communication from the Assist- EC–6511. A communication from the Assist- the District Courts of the United States’’; to ant Secretary for Legislative Affairs, De- ant Secretary for Legislative Affairs, De- the Committee on Governmental Affairs. partment of State, transmitting, pursuant to EC–6500. A communication from the Chair- partment of State, transmitting, pursuant to the Arms Export Control Act, the report of a man of the Council of the District of Colum- the Arms Export Control Act, the report of a certification of a proposed license for the ex- bia, transmitting, pursuant to law, a report certification of a proposed manufacturing li- port to Japan, France and Canada of defense on D.C. Act 14–320, ‘‘Mandarin Oriental Hotel cense agreement with Japan; to the Com- articles or services sold commercially under Project Tax Deferral Temporary Act of mittee on Foreign Relations. a contract in the amount of $50,000,000 or 2002’’; to the Committee on Governmental EC–6512. A communication from the Assist- more; to the Committee on Foreign Rela- Affairs. ant Secretary for Legislative Affairs, De- tions. EC–6501. A communication from the Direc- partment of State, transmitting, pursuant to EC–6522. A communication from the Assist- tor, Office of Personnel Management, Work- the Arms Export Control Act, the report of a ant Secretary for Legislative Affairs, De- force Compensation and Performance Serv- certification of a proposed license for the ex- partment of State, transmitting, pursuant to ice, transmitting, pursuant to law, the re- port of defense articles or services sold com- the Arms Export Control Act, the report of a port of a rule entitled ‘‘Absence and Leave: mercially under a contract in the amount of certification of a proposed Technical Assist- Use of Restored Annual Leave’’ (RIN3206– $50,000,000 or more to the Republic of Korea; ance Agreement with Bulgaria; to the Com- AJ51) received on April 12, 2002; to the Com- to the Committee on Foreign Relations. mittee on Foreign Relations. mittee on Governmental Affairs. EC–6513. A communication from the Assist- EC–6502. A communication from the Chair- ant Secretary for Legislative Affairs, De- f man of Federal Trade Commission, transmit- partment of State, transmitting, pursuant to ting, pursuant to law, the Commission’s Per- the Arms Export Control Act, the report of a INTRODUCTION OF BILLS AND formance Report for Fiscal Year 2001; to the certification of a proposed license for the ex- JOINT RESOLUTIONS Committee on Governmental Affairs. port of defense articles or defense services The following bills and joint resolu- EC–6503. A communication from the Sec- sold commercially under a contract in the tions were introduced, read the first retary of Education, transmitting, pursuant amount of $50,000,000 or more to Germany and second times by unanimous con- to law, the Department’s Accountability Re- and Saudi Arabia; to the Committee on For- port for Fiscal Year 2001; to the Committee eign Relations. sent, and referred as indicated: on Governmental Affairs. EC–6514. A communication from the Assist- By Mr. ROCKEFELLER: EC–6504. A communication from the Assist- ant Secretary for Legislative Affairs, De- S. 2132. A bill to amend title 38, United ant Secretary for Legislative Affairs, De- partment of State, transmitting, pursuant to States Code, to provide for the establishment partment of State, transmitting, pursuant to the Arms Export Control Act, the report of a of medical emergency preparedness centers law, the report of a rule entitled ‘‘VISAS: certification of a proposed manufacturing li- in the Veterans Health Administration, to Passports and Visas Not Required for Cer- cense agreement with Japan; to the Com- provide for the enhancement of the medical tain Nonimmigrants—Visa Waiver Program’’ mittee on Foreign Relations. research activities of the Department of Vet- (22 CFR Part 41) received on April 10, 2002; to EC–6515. A communication from the Assist- erans Affairs, and for other purposes; to the the Committee on Foreign Relations. ant Secretary for Legislative Affairs, De- Committee on Veterans’ Affairs. EC–6505. A communication from the Assist- partment of State, transmitting, pursuant to By Mr. DEWINE (for himself and Mr. ant Secretary for Legislative Affairs, De- the Arms Export Control Act, the report of a VOINOVICH):

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2723 S. 2133. A bill to suspend temporarily the bers of the Armed Forces who have a Senator from Hawaii (Mr. INOUYE) were duty on Dichlorobenzidine Dihydrochloride; service-connected disability to receive added as cosponsors of S. 1749, a bill to to the Committee on Finance. both military retired pay by reason of enhance the border security of the By Mr. HARKIN (for himself, Mr. their years of military service and dis- United States, and for other purposes. ALLEN, Mr. SMITH of New Hampshire, Mr. SCHUMER, Mr. NICKLES, Mrs. ability compensation from the Depart- S. 1836 CLINTON, Mr. WARNER, Ms. MIKULSKI, ment of Veterans Affairs for their dis- At the request of Mr. JOHNSON, his Mr. BURNS, and Mr. CRAIG): ability. name was added as a cosponsor of S. S. 2134. A bill to allow American victims of S. 885 1836, a bill to amend the Public Health state sponsored terrorism to receive com- At the request of Mr. HUTCHINSON, Service Act to establish scholarship pensation from blocked assets of those the name of the Senator from North and loan repayment programs regard- states; to the Committee on the Judiciary. By Mr. BAUCUS (for himself, Mr. Carolina (Mr. HELMS) was added as a ing the provision of veterinary services GRASSLEY, Mr. DASCHLE, Mr. CONRAD, cosponsor of S. 885, a bill to amend in veterinarian shortage areas. Mr. THOMAS, Mr. JEFFORDS, Mr. title XVIII of the Social Security Act S. 1850 ROCKEFELLER, Mr. BINGAMAN, Mr. to provide for national standardized At the request of Mr. CHAFEE, the HARKIN, Mr. JOHNSON, and Mr. ROB- payment amounts for inpatient hos- name of the Senator from Virginia (Mr. ERTS): pital services furnished under the WARNER) was added as a cosponsor of S. S. 2135. A bill to amend title XVIII of the medicare program. Social Security Act to provide for a 5-year 1850, a bill to amend the Solid Waste S. 1208 extension of the authorization for appropria- Disposal Act to bring underground tions for certain medicare rural grants; to At the request of Mr. GRAHAM, the storage tanks into compliance with the Committee on Finance. name of the Senator from Missouri subtitle I of that Act, to promote By Mr. SPECTER: (Mrs. CARNAHAN) was added as a co- cleanup of leaking underground storage S. 2136. A bill to establish a memorial in sponsor of S. 1208, a bill to combat the tanks, to provide sufficient resources the State of Pennsylvania to honor the pas- trafficking, distribution, and abuse of for such compliance and cleanup, and sengers and crewmembers of Flight 93 who, Ecstasy (and other club drugs) in the for other purposes. on September 11, 2001, gave their lives to pre- United States. vent a planned attack on the Capitol of the S. 1977 United States; to the Committee on Energy S. 1304 At the request of Mr. THURMOND, the and Natural Resources. At the request of Mr. KERRY, the name of the Senator from Tennessee By Ms. LANDRIEU: name of the Senator from New Mexico (Mr. THOMPSON) was added as a cospon- S. 2137. A bill to facilitate the protection of (Mr. BINGAMAN) was added as a cospon- sor of S. 1977, a bill to amend chapter minors using the Internet from material sor of S. 1304, a bill to amend title 37 of title 28, United States Code, to that is harmful to minors, and for other pur- XVIII of the Social Security Act to poses; to the Committee on Commerce, provide for appointment of United Science, and Transportation. provide for coverage under the medi- States marshals by the Attorney Gen- care program of oral drugs to reduce eral. f serum phosphate levels in dialysis pa- S. 1988 SUBMISSION OF CONCURRENT AND tients with end-stage renal disease. At the request of Ms. LANDRIEU, the SENATE RESOLUTIONS S. 1408 names of the Senator from Louisiana The following concurrent resolutions At the request of Mr. ROCKEFELLER, (Mr. BREAUX), the Senator from Mis- and Senate resolutions were read, and the name of the Senator from Lou- sissippi (Mr. COCHRAN), and the Senator referred (or acted upon), as indicated: isiana (Ms. LANDRIEU) was added as a from Idaho (Mr. CRAIG) were added as By Mr. THURMOND: cosponsor of S. 1408, a bill to amend cosponsors of S. 1988, a bill to authorize S. Res. 242. A resolution designating Au- title 38, United States Code, to stand- the American Battle Monuments Com- gust 16, 2002, as ‘‘National Airborne Day’’; to ardize the income threshold for copay- mission to establish in the State of the Committee on the Judiciary. ment for outpatient medications with Louisiana a memorial to honor the By Mr. HUTCHINSON (for himself, Mr. the income threshold for inability to Buffalo Soldiers. DODD, Mrs. MURRAY, Mr. HATCH, Mr. defray necessary expense of care, and S. 1995 SPECTER, Mr. BOND, Mr. BINGAMAN, for other purposes. Mr. CRAIG, Mr. TORRICELLI, Mr. At the request of Ms. SNOWE, the S. 1523 BIDEN, Mr. JEFFORDS, Mr. CORZINE, name of the Senator from Arkansas Mr. SARBANES, Ms. MIKULSKI, Mr. At the request of Mrs. FEINSTEIN, the (Mr. HUTCHINSON) was added as a co- KENNEDY, Mr. HELMS, Mr. FRIST, Mr. name of the Senator from California sponsor of S. 1995, a bill to prohibit dis- BREAUX, Mr. EDWARDS, Mr. CRAPO, (Mrs. BOXER) was added as a cosponsor crimination on the basis of genetic in- Ms. COLLINS, Mr. CAMPBELL, Mr. SES- of S. 1523, a bill to amend title II of the formation with respect to health insur- SIONS, Mr. INHOFE, Mrs. CARNAHAN, Social Security Act to repeal the Gov- ance and employment. Mr. DURBIN, Mr. KERRY, and Mr. ernment pension offset and windfall S. 2039 THURMOND): elimination provisions. S. Res. 243. A resolution designating the At the request of Mr. DURBIN, the week of April 21 through April 28, 2002, as S. 1644 names of the Senator from Montana ‘‘National Biotechnology Week’’; to the At the request of Mr. CAMPBELL, the (Mr. BURNS) and the Senator from Committee on the Judiciary. name of the Senator from Mississippi Rhode Island (Mr. REED) were added as f (Mr. COCHRAN) was added as a cospon- cosponsors of S. 2039, a bill to expand sor of S. 1644, a bill to further the pro- aviation capacity in the Chicago area. ADDITIONAL COSPONSORS tection and recognition of veterans’ S. 2064 memorials, and for other purposes. S. 77 At the request of Mr. MCCAIN, the At the request of Mr. DASCHLE, the S. 1738 name of the Senator from Arizona (Mr. name of the Senator from Missouri At the request of Mr. KERRY, the KYL) was added as a cosponsor of S. (Mrs. CARNAHAN) was added as a co- name of the Senator from Virginia (Mr. 2064, a bill to reauthorize the United sponsor of S. 77, a bill to amend the ALLEN) was added as a cosponsor of S. States Institute for Environmental Fair Labor Standards Act of 1938 to 1738, a bill to amend title XVIII of the Conflict Resolution, and for other pur- provide more effective remedies to vic- Social Security Act to provide regu- poses. tims of discrimination in the payment latory relief, appeals process reforms, f of wages on the basis of sex, and for contracting flexibility, and education other purposes. improvements under the medicare pro- STATEMENTS ON INTRODUCED S. 170 gram, and for other purposes. BILLS AND JOINT RESOLUTIONS At the request of Mr. REID, the name S. 1749 By Mr. ROCKEFELLER: of the Senator from Colorado (Mr. At the request of Mr. KENNEDY, the S. 2132. A bill to amend title 38, CAMPBELL) was added as a cosponsor of names of the Senator from South Caro- United States Code, to provide for the S. 170, a bill to amend title 10, United lina (Mr. HOLLINGS), the Senator from establishment of medical emergency States Code, to permit retired mem- New Hampshire (Mr. GREGG), and the preparedness centers in the Veterans

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2724 CONGRESSIONAL RECORD — SENATE April 16, 2002 Health Administration, to provide for and domestic security efforts expedi- S. 2132 the enhancement of the medical re- tiously. Be it enacted by the Senate and House of Rep- search activities of the Department of The legislation I introduce today also resentatives of the United States of America in Veterans Affairs, and for other pur- makes two changes in law which affect Congress assembled, poses; to the Committee on Veterans’ SECTION 1. MEDICAL EMERGENCY PREPARED- VA’s non-profit research corporations. NESS CENTERS IN VETERANS Affairs. These two changes are technical in na- HEALTH ADMINISTRATION. ∑ Mr. ROCKEFELLER. Mr. President, I ture and are designed to clarify exist- (a) IN GENERAL.—(1) Subchapter II of chap- am proud to introduce legislation that ing provisions of law: one clarifies that ter 73 of title 38, United States Code, is would establish four medical emer- research corporation employees are amended by inserting after section 7320 the gency preparedness research centers covered under the Federal Tort Claims following new section: within the Department of Veterans Af- Act, FTCA, and the other provision ‘‘§ 7320A. Medical emergency preparedness centers fairs. These centers would make the clarifies that VA Medical Centers may most of VA’s expertise in basic and ‘‘(a) The Secretary shall establish and enter into contracts or other forms of maintain within the Veterans Health Admin- clinical research to shape new strate- agreements with nonprofit research istration four centers for research and ac- gies for coping with, or preventing, the corporations to provide services to fa- tivities on medical emergency preparedness. medical crisis that could result from a cilitate VA research and education. ‘‘(b) The purposes of each center estab- terrorist attack against the American On the issue of FTCA coverage, a re- lished under subsection (a) shall be as fol- people. cent Department of Justice opinion de- lows: The threats posed by biological, ‘‘(1) To carry out research on the detec- termined that physicians employed by tion, diagnosis, prevention, and treatment of chemical, radiological, and incendiary the VA-affiliated nonprofit research weapons demand that we prepare im- injuries, diseases, and illnesses arising from did not enjoy FTCA coverage, despite the use of chemical, biological, radiological, mediately, using our existing national the fact that they have VA appoint- or incendiary or other explosive weapons or resources as efficiently as possible. Al- ments. Prior to this opinion, the under- devices, including the development of meth- though many of my colleagues know standing was that the corporations’ ods for the detection, diagnosis, prevention, that VA operates the Nation’s largest employees were covered, subject to a and treatment of such injuries, diseases, and integrated healthcare system, fewer certification that their activities were illnesses. may know that VA manages the larg- ‘‘(2) To provide to health-care professionals within the scope of government work. in the Veterans Health Administration edu- est health professionals training pro- Since research corporations were au- gram in the United States. VA’s clin- cation, training, and advice on the treat- thorized in 1988, not a single suite has ment of the medical consequences of the use ical research programs investigate been filed against a corporation em- of chemical, biological, radiological, or in- both cutting-edge technology and best ployee. Nevertheless, it is critical that cendiary or other explosive weapons or de- medical practices, and included over employees working on VA approved re- vices. 15,000 projects last year. search and education be protected. It is ‘‘(3) Upon the direction of the Secretary, to Through its reach, its educational estimated that nationwide, the cor- provide education, training, and advice de- programs, and its research capacity, scribed in paragraph (2) to health-care pro- porations have 1,500–2,000 research em- fessionals outside the Department through VA stands ready to make a significant ployees. contribution to protecting veterans the National Disaster Medical System or These non-profit research corpora- through interagency agreements entered and the public from the medical con- tions have been placed in a difficult into by the Secretary for that purpose. sequences of a terrorist attack. Only a spot. Corporations must decide wheth- ‘‘(4) In the event of a national emergency, few weeks ago, VA researchers an- er to take their chances that the FTCA to provide such laboratory, epidemiological, nounced that they have developed the will cover a suit despite the Depart- medical, or other assistance as the Secretary most promising drug yet to protect the considers appropriate to Federal, State, and ment of Justice provision, as the VA public should a terrorist deliberately local health care agencies and personnel in- General Counsel believes; to reduce release smallpox virus. I remain con- volved in or responding to the national emer- their activities by only hiring employ- fident that this is only the first of gency. ees with access to private sector insur- ‘‘(c)(1) Each center established under sub- many such scientific breakthroughs by ance; to use funds normally devoted to section (a) shall be established at an existing VA scientists. supporting research to buy an expen- Department medical center, whether at the VA already plays a key role in sup- Department medical center alone or at a De- porting Federal disaster preparedness, sive blanket insurance policy; or to partment medical center acting as part of a including maintaining pharmaceutical close down entirely. The better choice, consortium of Department medical centers stockpiles, jointly administering the is to be explicit in providing FTCA cov- for purposes of this section. erage to corporation employees en- ‘‘(2) The Secretary shall select the sites for National Disaster Medical System, the centers from among competitive pro- serving as primary medical back-up to gaged in activities that further VA’s research and education missions. posals that are submitted by Department the Department of Defense, and shar- medical centers seeking to be sites for such ing medical personnel and supplies The second change relates to con- centers. with communities whose own resources tracts between VA Medical Centers and ‘‘(3) The Secretary may not select a De- are overwhelmed. The legislation that I research corporations. Many times, VA partment medical center as the site of a cen- propose today would add another di- Medical Centers need help to provide ter unless the proposal of the Department services which are ancillary to re- medical center under paragraph (2) provides mension to VA’s role in emergency pre- for— paredness by acknowledging its exper- search, such as travel coordination, technical services, and conference ‘‘(A) an arrangement with an accredited af- tise in developing clinical approaches filiated medical school and an accredited af- to public health. management. filiated school of public health (or a consor- The centers authorized by this legis- I believe that a precedent for such tium of such schools) under which physicians lation would foster research by VA sci- contracts already exists. VA Medical and other health care personnel of such entists and clinicians in the diagnosis, Centers can enter into agreements with schools receive education and training prevention, and treatment of illnesses closely affiliated universities. For through the Department medical center; or injuries that might arise from the more than 50 years, the VAMCs and ‘‘(B) an arrangement with an accredited universities have contracted with each graduate program of epidemiology under use of terrorist weapons. These centers which students of the program receive edu- would encourage cooperation between other for goods and services. In my cation and training in epidemiology through VA researchers and professionals at af- view, we need to bring this kind of the Department medical center; and filiated schools of medicine and public thinking to the non-profit research ‘‘(C) the capability to attract scientists health to bring new findings and ideas corporations. who have made significant contributions to as quickly as possible to the Nation’s I ask unanimous consent that the innovative approaches to the detection, diag- caregivers. The legislation that I have text of the bill be printed in the nosis, prevention, and treatment of injuries, diseases, and illnesses arising from the use of proposed would promote fruitful col- RECORD.∑ chemical, biological, radiological, or incen- laboration between VA, academic, and There being no objection, the bill was diary or other explosive weapons or devices. other Federal researchers, so that we ordered to be printed in the RECORD, as ‘‘(4) In selecting sites for the centers, the can integrate research, public health, follows: Secretary shall—

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2725 ‘‘(A) utilize a peer review panel (consisting SEC. 2. MODIFICATION OF AUTHORITIES ON RE- that title is amended by inserting after the of members with appropriate scientific and SEARCH CORPORATIONS. item relating to section 7364 the following clinical expertise) to evaluate proposals sub- (a) RESTATEMENT AND ENHANCEMENT OF AU- new item: mitted under paragraph (2) for scientific and THORITY ON AVAILABILITY OF FUNDS.—Section ‘‘7364A. Coverage of employees under certain clinical merit; and 7362 of title 38, United States Code, is amend- Federal tort claims laws.’’. ‘‘(B) to the maximum extent practicable, ed— (1) by redesignating subsection (b) as sub- ensure the geographic dispersal of the sites By Mr. DEWINE (for himself and throughout the United States. section (c); (2) by striking the second sentence of sub- Mr. VOINOVICH): (d)(1) Each center established under sub- S. 2133. A bill to suspend temporarily section (a) shall be administered jointly by section (a); and the offices within the Department that are (3) by inserting after subsection (a) the fol- the duty on Dichlorobenzidine responsible for directing research and for di- lowing new subsection (b): Dihydrochloride; to the Committee on recting medical emergency preparedness. ‘‘(b)(1) Any funds, other than funds appro- Finance. priated for the Department, that are re- ‘‘(2) The Secretary and the heads of the ∑ Mr. DeWINE. Mr. President, I rise ceived by the Secretary for the conduct of agencies concerned shall take appropriate today to join my friend and colleague, research or education and training may be actions to ensure that the work of each cen- Senator VOINOVICH, to introduce legis- transferred to and administered by a cor- ter is carried out— poration established under this subchapter lation that would temporarily suspend ‘‘(A) in close coordination with the Depart- for the purposes set forth in subsection (a). the import duty on Dichlorobenzidine, ment of Defense, Department of Health and ‘‘(2) Funds appropriated for the Depart- DCB. Human Services, Office of Homeland Secu- ment are available for the conduct of re- DCB is a chemical used to produce rity, and other departments, agencies, and search or education and training by a cor- organic pigments for printing ink. It is elements of the Federal Government charged poration, but only pursuant to the terms of reacted with other materials to form with coordination of plans for United States a contract or other agreement between the homeland security; and various yellow organic pigments. These Department and such corporation that is en- yellow pigments are used extensively ‘‘(B) in accordance with any applicable rec- tered into in accordance with applicable law ommendations of any joint interagency advi- and regulations.’’. by the printing ink industry because sory groups or committees designated to co- (b) TREATMENT OF CORPORATIONS AS AFFILI- yellow is one of the three primary col- ordinate Federal research on weapons of ATED INSTITUTIONS FOR SHARING OF HEALTH- ors used in printing and is used in near- mass destruction. CARE RESOURCES.—Section 8153(a)(3) of that ly all color printing applications. DCB ‘‘(e)(1) Each center established under sub- title is amended— also is used to produce certain red and section (a) shall be staffed by officers and (1) by redesignating subparagraphs (C), (D), orange pigments. employees of the Department. and (E) as subsections (D), (E), and (F), re- ‘‘(2) Subject to the approval of the head of The U.S. printing ink industry is fac- spectively; ing increasingly aggressive competi- the department or agency concerned and the (2) by inserting after subparagraph (B) the Director of the Office of Personnel Manage- following new subparagraph (C): tion from low-cost foreign producers. ment, an officer or employee of another de- ‘‘(C) If the health-care resource required is Despite its widespread use, DCB is no partment or agency of the Federal Govern- research or education and training (as that longer produced in the United States ment may be detailed to a center if the de- term is defined in section 7362(c) of this title) and is unlikely to be produced here in tail will assist the center in carrying out ac- and is to be acquired from a corporation es- the foreseeable future. Domestic manu- tivities under this section. Any detail under tablished under subchapter IV of chapter 73 facturers of synthetic organic pigments this paragraph shall be on a non-reimburs- of this title, the Secretary may make ar- must import all of the DCB required able basis. rangements for acquisition of the resource ‘‘(f) In addition to any other activities without regard to any law or regulation (in- for their production of yellow pigment. under this section, a center established cluding any Executive order, circular, or These imports are currently subject to under subsection (a) may, upon the request other administrative policy) that would oth- high duties despite the fact that there of the agency concerned and with the ap- erwise require the use of competitive proce- is no longer a domestic DCB industry proval of the Secretary, provide assistance dures for acquiring the resource.’’; to protect. to Federal, State, and local agencies (includ- (3) in subparagraph (D), as so redesignated, Our duty suspension bill would help ing criminal and civil investigative agencies) by striking ‘‘(A) or (B)’’ and inserting ‘‘(A), U.S. producers remain competitive in engaged in investigations or inquiries in- (B), or (C)’’; and the global market, and it would remove tended to protect the public safety or health (4) in subparagraph (E), as so redesignated, unnecessary costs on U.S. pigment, or otherwise obviate threats of the use of a by striking ‘‘(A)’’ and inserting ‘‘(A) or (B)’’. ink, and printing industries and on chemical, biological, radiological, or incen- SEC. 3. COVERAGE OF RESEARCH CORPORATION diary or other explosive weapon or device. PERSONNEL UNDER FEDERAL TORT millions of consumers of printed prod- ‘‘(g) Notwithstanding any other provision CLAIMS ACT AND OTHER TORT ucts. of law, each center established under sub- CLAIMS LAWS. Though our bill is quite simple, its section (a) may, with the approval of the (a) IN GENERAL.—Subchapter IV of chapter effects would be widespread. It would Secretary, solicit and accept contributions 73 of title 38, United States Code, is amended suspend the duty on DCB, therefore of funds and other resources, including by inserting after section 7364 the following new section: eliminating a significant and unneces- grants, for purposes of the activities of such sary cost for U.S. pigment producers. ‘‘§ 7364A. Coverage of employees under cer- center under this section.’’. That action, by itself, would have a (2) The table of sections at the beginning of tain Federal tort claims laws chapter 73 of title 38, United States Code, is ‘‘(a) An employee of a corporation estab- significant positive impact on our do- amended by inserting after the item relating lished under this subchapter who is described mestic industry to section 7320 the following new item: by subsection (b) shall be considered an em- I urge my colleagues to join us in support of this legislative effort.∑ ‘‘7320A. Medical emergency preparedness ployee of the government, or a medical care centers.’’. employee of the Veterans Health Adminis- tration, for purposes of the following provi- By Mr. HARKIN (for himself, Mr. (b) AUTHORIZATION OF APPROPRIATIONS.—(1) sions of law: ALLEN, Mr. SMITH of New There is hereby authorized to be appro- ‘‘(1) Section 1346(b) of title 28. Hampshire, Mr. SCHUMER, Mr. priated for the Department of Veterans Af- ‘‘(2) Chapter 171 of title 28. fairs amounts for the centers established NICKLES, Mrs. CLINTON, Mr. ‘‘(3) Section 7316 of this title. WARNER, Ms. MIKULSKI, Mr. under section 7320A of title 38, United States ‘‘(b) An employee described in this sub- Code (as added by subsection (a)), $20,000,000 section is an employee who— BURNS, and Mr. CRAIG): for each of fiscal years 2003 through 2007. ‘‘(1) has an appointment with the Depart- S. 2134. A bill to allow American vic- (2) The amount authorized to be appro- ment, whether with or without compensa- tims of state sponsored terrorism to re- priated by paragraph (1) is not authorized to tion; ceived compensation from blocked as- be appropriated for the Veterans Health Ad- ‘‘(2) is directly or indirectly involved or en- sets of those states; to the Committee ministration for Medical Care, but is author- gaged in research or education and training on the Judiciary. ized to be appropriated for the Administra- that is approved in accordance with proce- ∑ Mr. HARKIN. Mr. President, I am tion separately and solely for purposes of the dures established by the Under Secretary for very pleased to be joined by my Repub- centers referred to in that paragraph. Health for research or education and train- lican colleague, Senator GEORGE ALLEN (3) Of the amount authorized to be appro- ing carried out with Department funds; and of Virginia, in introducing the Ter- priated by paragraph (1) for a fiscal year, ‘‘(3) performs such duties under the super- $5,000,000 shall be available for such fiscal vision of Department personnel.’’. rorism Victim’s Access to Compensa- year for each center referred to in that para- (b) CLERICAL AMENDMENT.—The table of tion Act of 2002. Senators BOB SMITH of graph. sections at the beginning of chapter 73 of New Hampshire, SCHUMER, NICKLES,

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2726 CONGRESSIONAL RECORD — SENATE April 16, 2002 CLINTON, WARNER, MIKULSKI, BURNS, lars. In fact, in the pending case in- I ask unanimous consent that the and CRAIG are also original co-sponsors volving the 53 Americans taken hos- text of the bill be printed in the of this much-needed, bipartisan legisla- tage in the U.S. Embassy in Iran in 1979 RECORD.∑ tion. and held in captivity for 444 days and There being no objection, the bill was The war against terrorism must be their families, U.S. Justice and State ordered to be printed in the RECORD, as fought and won on multiple fronts. And Department attorneys have gone into follows: we cannot forget that terrorist acts are Federal court in recent months to have ultimately stories of human tragedy. their lawsuit dismissed in its entirety, S. 2134 The dedicated, professional woman thus de facto siding with the Govern- from Iowa, Kathryn Koob, seeking to Be it enacted by the Senate and House of Rep- ment of Iran. resentatives of the United States of America in build cross-cultural ties between the This policy is wrong-headed and Congress assembled, Iranian people and the American peo- counterproductive for at least three ple only to be held captive for 444 days reasons. SECTION 1. SHORT TITLE. in the U.S. Embassy in Tehran. The First, paying American victims of This Act may be cited as the ‘‘Terrorism teenage boy from Iowa, Taleb Subh, terrorism from the blocked and frozen Victim’s Access to Compensation Act of visiting family in Kuwait, terrorized by assets of these rogue governments and 2002’’. Saddam Hussein at the outbreak of the their agents will really punish and im- SEC. 2. FINDINGS. Persian Gulf War. The U.S. aid worker pose a heavy cost on those aiding and from Virginia, Charles Hegna, tortured abetting the terrorists; this tougher Congress finds that: and killed in 1984 by Iranian-backed hi- policy will provide a new, powerful dis- (1) The war against international terrorism jackers in order ‘‘to punish’’ the United incentive for any foreign government must be fought and won on multiple fronts. (2) The state sponsors of international ter- States. These are only a few of the peo- to continue sponsoring terrorist at- rorism (including their agencies and instru- ple we know; Americans in all 50 States tacks on Americans, while also dis- mentalities) are ultimately responsible for have suffered. What do we say to these couraging any regimes tempted to get the damages, pain, and suffering inflicted families, the wives, mothers and fa- into the ugly business of sponsoring fu- upon Americans who are victimized by ter- thers, sons and daughters? ture terrorist attacks. rorist acts. It is the state sponsors, not the We believe that those who sponsor as Second, making the state sponsors American taxpayer, who must be compelled well as those who commit these inhu- actually lose billions of dollars will to pay those costs. mane acts must pay a price. In 1996, more effectively deter future acts of (3) The Secretary of the Treasury lawfully the Congress passed a significant law terrorism than keeping their assets controls billions of dollars in blocked assets of several governments which the President without partisan divide, and with the blocked or frozen in perpetuity in pur- and the Department of State have deter- support of the U.S. State Department. suit of the delusion that long-standing, mined to be state sponsors of international This law allows Americans to pursue undemocratic, brutish governments terrorism and responsible for multiple ter- justice in U.S. Federal courts. The idea like those in Iran and Iraq can be mod- rorist attacks on United States citizens behind this law is to make the terror- erated. abroad. ists and their sponsors pay an imme- Third, the American wives, husbands, (4) There have been multiple Federal law- diate price for attacks against Ameri- sons, and daughters will have a sense of suits brought since 1996 by American victims cans abroad. For example, the money justice, they will have the public con- of state sponsored terrorism abroad and final judgments and financial awards in some of of foreign sponsors of terrorism and demnation by the U.S. Government and those cases have been paid appropriately by their agents that we hold here in the statement of guilt, but they will have using some of the blocked assets of state United States could be used to com- also made those terrorists responsible sponsors of terrorism. Additional cases are pensate innocent Americans who are for the attacks and their sponsors pay still pending. victimized by their attacks for their a price. (5) Paying victims of state sponsored ter- pain, suffering and losses. Make the In his last days in office, former rorism from the blocked assets of state spon- bad guys pay. President Clinton signed a law endors- sors of acts of terrorism (including their This law only applies to ‘‘terrorist ing a policy of paying American vic- agencies and instrumentalities) will punish states’’, currently a list of seven for- tims of terrorism from blocked assets, those entities, deter future acts of terrorism, and provide a powerful incentive for any for- eign governments officially designated while simultaneously signing a waiver eign government to stop sponsoring terrorist as state sponsors of terrorism (i.e. Iran, of the means to make this policy work. attacks on Americans. Iraq, Libya, Syria, Sudan, North But the Bush administration hasn’t (6) There must be a level playing field for Korea, and Cuba). It is those state registered an opinion yet on this cru- all American victims of state sponsored ter- sponsors of international terrorism, cial test of our nation’s resolve to fight rorism who are pursuing redress in the Fed- not the American taxpayer, who must state-sponsored terrorism. That is why eral courts and compensation from the be compelled to pay these costs first we are pushing bipartisan legislation blocked assets of state sponsors of terrorism and foremost. to establish two new policy corner- (including their agencies and instrumental- ities). Currently, the U.S. Treasury Depart- stones in our Nation’s war against ter- ment lawfully controls at least $3.7 bil- rorism. First, we seek to require that SEC. 3. SENSE OF THE SENATE. lion in blocked or frozen assets of these compensation be paid from the blocked Considering the policy set forth in this seven state sponsors of terrorism. But and frozen assets of the state sponsors Act, the Antiterrorism and Effective Death officials of the U.S. Treasury and State of terrorism in cases where American Penalty Act of 1996, and in the Victims of Departments oppose using these funds victims of terrorism secure a final Trafficking and Violence Protection Act of to compensate American victims of judgment in our Federal courts and are 2000, it is the sense of Congress that it should terrorism who have brought lawsuits in awarded compensation accordingly. be the policy of the United States— Federal courts, won their cases on the Second, we will provide a level playing (1) to use the blocked assets of state spon- merits, and secured court-ordered judg- field for all American victims of state- sors of acts of terrorism (including their ments and compensation awards agencies and instrumentalities) that are sponsored terrorism who are pursuing under the control of the Secretary of the against the rogue governments that redress by providing equal access to Treasury to pay court-ordered judgments are responsible for the attacks upon our federal courts. and awards made to United States nationals them and their families. To summa- American victims of state-sponsored harmed by such acts; and rize, these American victims have been terrorism deserve and want to be com- (2) to provide equal access to all United encouraged to pursue justice in U.S. pensated for their losses from those States victims of state sponsored terrorism Federal courts, have complied with ex- who perpetrated the attacks upon who have secured judgments and awards in isting U.S. law, but have been denied them. The Congress should clear the Federal courts against state sponsors of ter- what little justice they were encour- way for them to get some satisfaction rorism (including their agencies and instru- mentalities) and that those judgments and aged to pursue. Unelected bureaucrats, of court-ordered judgments and, in so awards be paid by state sponsors of terrorism instead, want American taxpayers ap- doing, deter future acts of state-spon- (including their agencies and instrumental- parently to foot the bill for what could sored terrorism against innocent ities) from any of their blocked assets con- amount to hundreds of millions of dol- Americans. trolled by the Secretary of the Treasury.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2727 SEC. 4. SATISFACTION OF JUDGMENTS FROM Access and Improvement Act of 2002. I sisted by these funds. In my State BLOCKED ASSETS OF TERRORISTS, am pleased to be joined by Senators nearly half of our hospitals, about two TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM. GRASSLEY, DASCHLE, THOMAS, CONRAD, dozen facilities, have converted to CAH (a) IN GENERAL.—Except as provided in JEFFORDS, ROCKEFELLER, BINGAMAN, status. About a dozen more are on the subsection (b), in every case in which a per- HARKIN, JOHNSON, and ROBERTS in spon- way. son has obtained a judgment against a ter- soring this important legislation. Now the Senate has an opportunity rorist party on a claim for compensatory Simply put, this bill is about keeping to renew its commitment to rural damages for an act of terrorism, or a claim small hospitals open in rural areas. It’s health care. The legislation I have in- for compensatory damages brought pursuant about preserving access to quality troduced today would reauthorize the to section 1605(a)(7) of title 28, United States Flex grant at a level of $40 million a Code, the blocked assets of any terrorist health care for farmers and ranchers party, or any agency or instrumentality of a and their families. It’s about pro- year. This would continue the work terrorist party, shall be available for satis- tecting the health of folks who live in that we have already begun, by helping faction of the judgment. small towns and hamlets across our hundreds more rural hospitals covert (b) PRESIDENTIAL WAIVER.— Nation. to CAH status. (1) IN GENERAL.—Subject to paragraph (2), I think these are goals that every one In the latest count, nearly 600 hos- upon determining on an asset-by-asset basis of us can agree on. pitals across the Nation were eligible that a waiver is necessary in the national se- But the fight to preserve access to to become CAHs, but have not yet con- curity interest, the President may waive the health care in rural America has never verted. By increasing the size of the requirements of subsection (a) in connection with (and prior to the enforcement of) any been an easy one. Hospitals in rural Flex grant program, Congress can judicial order directing attachment or satis- areas constantly struggle with the dif- reach out to these facilities. At the faction in aid of execution of judgment, or ficulties of operating in a low-volume same time, Congress will continue its execution of judgment, against any property environment. Their emergency rooms support for existing CAHs by providing subject to the Vienna Convention on Diplo- might see two or three patients a day. technical assistance and helping them matic Relations or the Vienna Convention Or some days, none at all. They lack access capital for their physical plants. on Consular Relations. the economies of scale that urban and These funds will also advance the im- (2) EXCEPTION.—A waiver under this sub- suburban facilities enjoy. They have a portant process of coordinating be- section shall not apply to— (A) property subject to the Vienna Conven- hard time hiring health professionals. tween emergency medical services pro- tion on Diplomatic Relations or the Vienna And with every passing year, they face viders and other health care providers Convention on Consular Relations that has a growing regulatory burden that takes in rural areas. In the wake of Sep- been used for any nondiplomatic purpose (in- time and energy away from patients. tember 11 and the bioterrorist attacks cluding use as rental property), and the pro- In the face of all these obstacles, of last fall, this work must move for- ceeds of such use; or many small, rural communities have ward without delay. (B) any asset subject to the Vienna Con- confronted the unthinkable: losing I want to thank my colleagues for vention on Diplomatic Relations or the Vi- their hospital altogether. I have no their support of the Critical Access enna Convention on Consular Relations that doubt that I speak for the vast major- Hospital program and the Flex grant is sold or otherwise transferred for value to a third party, and the proceeds of such sale ity of Senators when I say we should over the past five years. Through their or transfer. never let this happen. We should never efforts, over 500 rural communities (c) DEFINITIONS.—In this Act: allow a community to go without the have kept their hospitals up and run- (1) BLOCKED ASSETS.—The term ‘‘blocked health care services it needs to stay ning. Now, I hope they will continue assets’’ means assets seized or blocked by healthy. To borrow from the flight di- this work by supporting the Rural Hos- the United States in accordance with law. rector of Apollo 13, I suggest that fail- pital Access and Improvement Act of (2) PROPERTY AND ASSETS SUBJECT TO VI- ure is not an option. 2002 an reauthorizing the Flex grant at ENNA CONVENTIONS.—The terms ‘‘property This was the message that Congress a level of $40 million a year.∑ subject to the Vienna Convention on Diplo- sent fives years ago, when it took two ∑ Mr. THOMAS. Mr. President, I am matic Relations or the Vienna Convention on Consular Relations’’ and ‘‘asset subject to giant strides towards helping rural pleased to rise today to introduce the the Vienna Convention on Diplomatic Rela- communities keep their hospitals. Rural Hospital Access and Improve- tions or the Vienna Convention on Consular First, it passed legislation allowing ment Act of 2002, along with Finance Relations’’ mean any property or asset, re- small hospitals in rural and frontier Committee Chairman BAUCUS and spectively, the attachment in aid of execu- areas to become Critical Access Hos- Ranking Member GRASSLEY, in addi- tion or execution of which may, for the lim- pitals, or CAHs. CAHs are reimbursed tion to other distinguished colleagues ited purpose of satisfying a judgment under by Medicare based on their actual with an interest in rural health care. subsection (a), breach an obligation of the costs, not fixed or limited payments. This legislation reauthorizes the Medi- United States under the Vienna Convention on Diplomatic Relations or the Vienna Con- They can organize their staff and fa- care Rural Hospital Flexibility pro- vention on Consular Relations, as the case cilities based on their patients’ needs, gram, known as the ‘‘flex’’ program, may be. not on rules made for large, urban fa- which has become a key component in (3) TERRORIST PARTY.—The term ‘‘terrorist cilities. In short, they are given flexi- stabilizing rural health care delivery party’’ means a terrorist, a terrorist organi- bility to adapt to the unique challenges networks. zation, or a foreign state designated as a of providing health care in rural areas. The ‘‘flex’’ program was created in state sponsor of terrorism under section 6(j) This concept was a perfect fit for the Balanced Budget Act of 1997 to im- of the Export Administration Act of 1979 (50 rural America. In the past five years, prove access to essential health care U.S.C. App. 2405(j)) or section 620A of the services through the establishment of Foreign Assistance Act of 1961 (22 U.S.C. over 500 facilities have converted to 2371) (including any agency or instrumen- CAH status. By taking advantage of Critical Access Hospitals, (CAHs), rural tality of that state). the CAH option, these hospitals have health networks and rural emergency remained open and continue to serve medical services. To date, flex grants By Mr. BAUCUS (for himself, Mr. patients. This success is not surprising. have provided assistance to 1,170 rural GRASSLEY, Mr. DASCHLE, Mr. After all, the Critical Access Hospital hospitals for technical assistance and CONRAD, Mr. THOMAS, Mr. JEF- concept was modeled on a demonstra- education, 881 rural emergency medical FORDS, Mr. ROCKEFELLER, Mr. tion project that had already been services projects and 557 communities BINGAMAN, Mr. HARKIN, Mr. working for years in hospitals across for needs assessment and community JOHNSON, and Mr. ROBERTS): Montana. development activities. As a result, al- S. 2135. A bill to amend title X of the The second step Congress took in 1997 most 600 hospitals that were on the Social Security Act to provide for a 5- was to authorize $25 million a year for verge of closing have been certified as year extension of the authorization for the Rural Hospital Flexibility Grant Critical Access Hospitals. Over half of appropriations for certain Medicare Program, or, as I like to call it, the CAHs serve counties that are des- rural grants; to the Committee on Fi- Flex grant. This program awards ignated as a Health Professional Short- nance. grants to States to help hospitals con- age Area. It is quite obvious that this ∑ Mr. BAUCUS. Mr. President, I rise vert to CAH status. Already, over 1,000 innovative program works and merits today to introduce the Rural Hospital health care facilities have been as- continued congressional support.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2728 CONGRESSIONAL RECORD — SENATE April 16, 2002 In my State of Wyoming, the South (b) PURPOSES.—The purposes of this Act (6) CHAIRPERSON.—The Commission shall Big Horn County Hospital District has are— select a Chairperson from among the mem- been certified as a Critical Access Hos- (1) to establish a memorial to honor the bers of the Commission. pital and several more are interested in passengers and crewmembers aboard United (7) DUTIES.—The Commission shall— Airlines Flight 93 on September 11, 2001; (A) not later than 3 years after the date of converting to CAH status. Addition- (2) to establish the Flight 93 Advisory enactment of this Act, submit to the Sec- ally, my State has used flex grant dol- Commission to assist in the formulation of retary and Congress a report that contains lars to shore up rural emergency med- plans for the memorial, including the nature, recommendations for the planning, design, ical services in many of our frontier design, and construction of the memorial; construction, and long-term management of communities. and the memorial; The bill I am introducing today with (3) to authorize the Secretary of the Inte- (B) advise the Secretary on— several of my colleagues will continue rior to administer the memorial, coordinate (i) the boundaries of the memorial; and to build upon the early success of this and facilitate the activities of the Flight 93 (ii) the development of a management plan Advisory Commission, and provide technical for the memorial; program by increasing the annual fund- and financial assistance to the Flight 93 (C) consult with the Task Force, the State ing authorization from $25 million to Task Force. of Pennsylvania, and other interested par- $40 million. Additional funding is nec- SEC. 3. DEFINITIONS. ties, as appropriate; essary to expand quality improvement In this Act: (D) support the efforts of the Task Force; initiatives within network develop- (1) COMMISSION.—The term ‘‘Commission’’ and ment plans, enhance the development means the Flight 93 Advisory Commission (E) involve the public in the planning and of rural emergency medical services established by section (4)(b). design of the memorial. and continue technical support to Crit- (2) CRASH SITE.—The term ‘‘crash site’’ (8) POWERS.—The Commission may— (A) make expenditures for services and ma- ical Access Hospitals. I strongly urge means the site in Stonycreek Township, Somerset County, Pennsylvania, where terials appropriate to carry out the purposes all my colleagues to cosponsor this im- of this section; ∑ United Airlines Flight 93 crashed on Sep- portant rural health care legislation. tember 11, 2001. (B) accept donations for use in carrying (3) MEMORIAL.—The term ‘‘Memorial’’ out this section and for other expenses asso- By Mr. SPECTER: means the memorial to the passengers and ciated with the memorial, including the con- S. 2136. A bill to establish a memorial crewmembers of United Airlines Flight 93 es- struction of the memorial; in the State of Pennsylvania to honor tablished by section 4(a). (C) hold hearings and enter into contracts, the passengers and crewmembers of (4) PASSENGER OR CREWMEMBER.— including contracts for personal services; Flight 93 who, on September 11, 2001, (A) IN GENERAL.—The term ‘‘passenger or (D) by a vote of the majority of the Com- gave their lives to prevent a planned crewmember’’ means a passenger or crew- mission, delegate any duties that the Com- member aboard United Airlines Flight 93 on mission determines to be appropriate to em- attack on the Capitol of the United ployees of the National Park Service; and States; to the Committee on Energy September 11, 2001. (B) EXCLUSIONS.—The term ‘‘passenger or (E) conduct any other activities necessary and Natural Resources. to carry out this Act. ∑ crewmember’’ does not include a terrorist Mr. SPECTER, Mr. President, I ask aboard United Airlines Flight 93 on Sep- (9) COMPENSATION.—A member of the Com- unanimous consent that the text of the tember 11, 2001. mission shall serve without compensation, bill be printed in the RECORD.∑ (5) SECRETARY.—The term ‘‘Secretary’’ but may be reimbursed for expenses incurred There being no objection, the bill was means the Secretary of the Interior. in carrying out the duties of the Commis- ordered to be printed in the RECORD, as (6) TASK FORCE.—The term ‘‘Task Force’’ sion. follows: means the Flight 93 Task Force. (10) TERMINATION.—The Commission shall terminate on the dedication of the memo- S. 2136 SEC. 4. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93. rial. Be it enacted by the Senate and House of Rep- (a) ESTABLISHMENT.—There is established (c) DUTIES OF THE SECRETARY.—The Sec- resentatives of the United States of America in as a unit of the National Park System a me- retary shall— Congress assembled, morial at the crash site to honor the pas- (1) administer the memorial as a unit of SECTION 1. SHORT TITLE. sengers and crewmembers of Flight 93. the National Park Service in accordance This Act may be cited as the ‘‘Flight 93 Na- (b) ADVISORY COMMISSION.— with— tional Memorial Act’’. (1) ESTABLISHMENT.—There is established a (A) this Act; and SEC. 2. FINDINGS AND PURPOSES. commission to be known as the ‘‘Flight 93 (B) the laws generally applicable to units (a) FINDINGS.—Congress finds that— Advisory Commission’’. of the National Park System; (1) on September 11, 2001, passengers and (2) MEMBERSHIP.—The Commission shall be (2) provide advice to the Commission on crewmembers of United Airlines Flight 93 composed of— the collection, storage, and archiving of in- courageously gave their lives to prevent a (A) the Director of the National Park Serv- formation and materials relating to the planned attack on the Capital of the United ice; and crash or the crash site; States; (B) 14 members, appointed by the Sec- (3) consult with and assist the Commission (2) thousands of people have visited the retary, from among persons recommended by in— crash site since September 11, 2001, drawn by the Task Force. (A) providing information to the public; the heroic action and sacrifice of the pas- (3) TERM; VACANCIES.— (B) interpreting any information relating sengers and crewmembers aboard Flight 93; (A) TERM.—A member of the Commission to the crash or the crash site; (3) many people in the United States are shall be appointed for the life of the Commis- (C) conducting oral history interviews; and concerned about the future disposition of the sion. (D) conducting public meetings and fo- crash site, including— (B) VACANCIES.—A vacancy on the Commis- rums; (A) grieving families of the passengers and sion— (4) participate in the development of plans crewmembers; (i) shall not affect the powers of the Com- for the design and construction of the memo- (B) the people of the region where the mission; and rial; crash site is located; and (ii) shall be filled in the same manner as (5) provide to the Commission— (C) citizens throughout the United States; the original appointment was made. (A) assistance in designing and managing (4) many of those people are involved in (4) MEETINGS.— exhibits, collections, or activities at the me- the formation of the Flight 93 Task Force, a (A) IN GENERAL.—The Commission shall morial; broad, inclusive organization established to meet at the call of the Chairperson or a ma- (B) project management assistance for de- provide a voice for all parties interested in jority of the members. sign and construction activities; and and concerned about the crash site; (B) FREQUENCY.—The Commission shall (C) staff and other forms of administrative (5) the crash site commemorates Flight 93 meet not less than quarterly. support; and is a profound symbol of American patri- (C) NOTICE.—Notice of meetings and the (6) acquire from willing sellers the land or otism and spontaneous leadership by citizens agenda for the meetings shall be published interests in land for the memorial by dona- of the United States; in— tion, purchase with donated or appropriated (6) a memorial of the crash site should— (i) newspapers in and around Somerset funds, or exchange; and (A) recognize the victims of the crash in an County, Pennsylvania; and (7) provide the Commission any other as- appropriate manner; and (ii) the Federal Register. sistance that the Commission may require to (B) address the interests and concerns of (D) OPEN MEETINGS.—Meetings of the Com- carry out this Act. interested parties; and mission shall be subject to section 552b of (7) it is appropriate that the crash site of title 5, United States Code. By Ms. LANDRIEU: Flight 93 be designated as a unit of the Na- (5) QUORUM.—A majority of the members of S. 2137. A bill to facilitate the protec- tional Park System. the Commission shall constitute a quorum. tion of minors using the Internet from

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2729 material that is harmful to minors, The State legislature remedied this enough to fit in an air conditioning and for other purposes; to the Com- in 1999, passing a law making video vent. In the past, that person looking mittee on Commerce, Science, and voyeurism a crime. This was thanks in in the window could be caught by po- Transportation. large part to Susan Wilson, who spoke lice and charged with a crime. Unfortu- ∑ Ms. LANDRIEU. Mr. President, today with the media, testified before com- nately, for the person who plants the I want to introduce a very important mittees—in short, give up her privacy camera in the air conditioning duct, as piece of legislation, the Family Pri- and put her life on public display, things stand now, except for a few vacy Protection Act. Let me just take doing everything she had to do to call states that have passed this type of a few minutes to explain this bill to my attention to this problem. In short, she legislation, that person can at best colleagues. has sacrificed so that women such as only be charged with a crime like un- In this age of high-technology, we are herself will not have to experience the lawful entry. blessed with many things that our an- pain of watching the individuals who This brings me to the first provision cestors did not have. Cell phones and e- devastated their lives walk away vir- of the legislation that I am introducing mail allow us to communicate quickly. tually untouched by the law. today. I met with Susan last year, and Advances in medical science are allow- And she continues to make this sac- promised her I would introduce Federal ing our citizens to live much longer rifice to this day. There was even a re- and healthier lives. And advances in legislation addressing this crime. Cur- cent movie detailing Susan’s story, rently, only five states have laws deal- computers and other equipment help some of my colleagues may have seen make workers and businesses many ing with video voyeurism. This is one it. It aired February 6 on Lifetime, of the reasons I am here today to intro- times more productive. However, tech- starring Angie Harmon. It was a very nology is a double-edged sword. Some- duce my legislation, the Family Pri- compelling, though obviously dis- vacy Protection Act. times the bad comes with the good. turbing, film, and if my colleagues This fact hit home in the most tragic This measure contains several impor- have not seen it I would urge them to way when it was learned that the Sep- tant provisions, but the first one I do so. tember 11 hijackers had communicated want to focus on today is the video Since the law was passed in Lou- voyeurism section. This bill will make through e-mail and cell phones. isiana, several individuals have been As frightening as this is, it is not the it a Federal crime to film someone in prosecuted under it. Let me just give a only example of the problems associ- these circumstances without their con- couple of examples. Two years ago, a ated with advances in technology. sent. The bill provides exceptions for New Orleans man was arrested under There are day-to-day issues that must legitimate purposes such as police in- the law after a video camera was found be resolved. For instance, technology vestigations and security; but the bot- in his neighbor’s air conditioning vent. has exposed our citizens to breaches of tom line is that this legislation would privacy that could never have taken In nearby Marrero just a couple of hold these individuals responsible for place before the days of the Internet months before, a man was arrested for their actions. and other advances. allegedly pointing a video camera in Actress Judy Garland, speaking of Former Chief Justice Earl Warren someone’s window. And just before her lack of privacy, once said, ‘‘I’ve once said, ‘‘The fantastic advances in that, a man was arrested under the never looked through a keyhole with- the field of communication constitute video voyeurism law and charged with out finding someone was looking a grave danger to the privacy of the in- videotaping a woman during inter- back.’’ How frightening it would be for dividual.’’ If Chief Justice Warren were course and then trying to sell the tape. all of our citizens to feel this way; that alive today to offer his remarks, he And, just over a month ago in Lafay- they are not safe from prying eyes in might substitute the word ‘‘tech- ette, LA, a man was charged for un- their own home. dressing a sleeping woman and nology’’ for ‘‘communication.’’ Let me The video voyeurism component, videotaping her in his apartment. give one example of an incident which while important, is only one part of highlights this fact. This law has also be used in conjunc- tion with laws already on the books, to this bill. This bill also contains a pro- In the early 1990’s, a shocking thing vision to protect children from Inter- happened to a family in Monroe, Lou- give police another tool with which to charge offenders. For instance, last net websites with pornographic mate- isiana. Monroe is a relatively small rial. A recent study showed that 31 per- city, at least by the standards of most year in Slidell, LA, a man was charged with seven counts of video voyeurism cent of children aged 10–17 who used parts of the country, but it is the larg- the Internet have accidentally come est city in the northeastern section of in addition to various pornography-re- across a pornographic website. That in- my state. I want to talk about a family lated charges. And in Leesville, LA, a cludes 75 percent ages 15–17. who lives in Monroe, the Wilsons. year ago, three people, including a Susan Wilson was just an average Sheriff’s deputy, were arrested and One of the problems is that compa- woman with an average family. charged with video voyeurism and ju- nies and individuals who have websites Unfortunately, something terrible venile pornography. make money from ‘‘hits’’ by Internet happened, which tore apart the quiet Louisiana is not the only State to users. It doesn’t matter whether some- life of this family. A family friend, a pass this law, or to charge offenders one intentionally visits a website or former deacon at the Wilson’s church, with violating it. A principal in Arkan- does so on accident, it still counts as a did something despicable. While the sas was charged with the crime, al- ‘‘hit’’. So some of these companies that Wilson’s weren’t home, this man broke though the charges were later dropped. set up pornographic websites specifi- into their house and planted a video And in Milwaukee, a man was arrested cally choose names that will cause peo- camera in their bathroom. The Wil- late last year and charged with ple to accidentally find them. Let me son’s eventually learned that, for al- videotaping guests in his house while give a quick example. As I’m sure all of most 2 years, video cameras had been they showered and undressed. my colleagues know, the web address filming everything in their bathroom. These are terrible crimes; they are a for the White House is This man filmed all of their private violation of privacy, and more. They www.whitehouse.gov. But if you make moments for the past years for his own strike at the very heart of one of our a mistake—and it’s not a difficult mis- sick and twisted purposes. most cherished personal freedoms, the take, I know many people who have But even then, the family’s night- right to live our lives free of the fear of made it, and type a slightly different mare wasn’t over. You see, under Lou- people watching us perform the most address, www.whitehouse.com, you will isiana state law, and the law of most regular of tasks, bathing, getting access a different site altogether, a States, there was no crime under which dressed, or sleeping. pornographic website. While I’m sure this man could be charged for filming In the past, someone who looked in these companies are not targeting chil- the family without their consent. Al- another person’s window at night was dren specifically, they inevitably come though he was eventually charged with called a ‘‘Peeping Tom.’’ We are not across these inappropriate sites. unauthorized entry, there was no way dealing with people looking in windows I have already mentioned some sta- to punish this man for the more serious anymore, we are dealing with tech- tistics on how many children have ac- crime he committed. nologies like video cameras small cidentally visited inappropriate

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2730 CONGRESSIONAL RECORD — SENATE April 16, 2002 websites. I just want to share a few ex- GREN for her efforts, and I hope to work able history as units of adventuresome, amples. An 11-year-old boy was search- with her on this initiative. hardy, and fierce warriors who, for the na- ing for game sites, typed in ‘‘fun.com’’, In short, the bill would require that tional security of the United States and the e-mail advertisements be clearly la- defense of freedom and peace, project effec- and a pornographic site came up. A 15- tive ground combat power of the United year-old boy was looking for info on beled as containing sexually oriented States by Air Force air transport to the far cars, did a search for ‘‘escort’’, and an material. We are all familiar with re- reaches of the battle area and, indeed, to the escort service site came up. ceive e-mails with subjects that say far corners of the world; And, in one of the most disturbing ‘‘Lose weight now’’ or ‘‘You have won!’’ Whereas August 16, 2002, marks the anni- examples that I came across, in one in- that in reality contain pornographic versary of the first official validation of the stance a 15-year-old boy was doing a re- material. Many of us simply delete innovative concept of inserting United port on wolves, and found a site on bes- these e-mails without look at them, States ground combat forces behind battle knowing them to be deceptive or junk. lines by means of parachute; tiality. I just want my colleagues to Whereas the United States’ experiment of imagine for a moment this happening However, it is easy to be fooled. I have airborne infantry attack was begun on June to their son or daughter. I think we can received letters from several constitu- 25, 1940, when the Army Parachute Test Pla- all agree that this is something that ents who were offended, and rightly so, toon was first authorized by the United we need to be concerned about. after opening falsely labeled e-mails. States Department of War, and was launched The American people are certainly As you can imagine, children are par- when 48 volunteers began training in July concerned about it. In the same Kaiser ticularly vulnerable to this type of de- 1940; study, 84 percent of the American peo- ceptive e-mail. In a study done for Con- Whereas the Parachute Test Platoon per- formed the first official Army parachute ple worry about the availability of por- gress by the Crimes Against Children Research Center, 25 percent of children jump on August 16, 1940; nography online, and 61 percent say the Whereas the success of the Parachute Test government should regulate it. Sixty- studied were exposed to unwanted sex- Platoon in the days immediately preceding one percent. And I am certain that ual pictures in the previous year. Of the entry of the United States into World number is much higher among parents. these exposures, 28 percent occurred by War II led to the formation of a formidable That is why I believe this legislation opening or clicking on an e-mail. force of airborne units that, since then, have is so important. I understand that There is one case that upsets me in served with distinction and repeated success these websites are protected by the particular. A 12-year-old girl, a little in armed hostilities; Whereas among those units are the former First Amendment. This bill does not girl who collects Beanie Babies, re- ceived an e-mail with a subject line 11th, 13th, and 17th Airborne Divisions, the intrude upon these sites’ right to free venerable 82nd Airborne Division, the speech. Instead, it would set up a whole saying ‘‘Free Beanie Babies.’’ As you versatile 101st Airborne Division (Air As- new domain name for pornographic ma- can imagine, this excited little girl sault), and the airborne regiments and bat- terial. A domain name, as my col- quickly opened the e-mail, only to be talions (some as components of those divi- leagues know, is the three letters at confronted with pictures of naked peo- sions, some as separate units) that achieved the end of the web address. Dot-com, ple. Again, I’d like my colleagues to distinction as the elite 75th Infantry (Rang- stop for a moment and imagine that er) regiment, the 173rd, 187th, 503rd, 507th, dot-gov, dot-org, dot-net—these are all 508th, 517th, 541st, and 542nd airborne infan- domain names. My legislation would this was their child. Let me just conclude with a few more try regiments, the 88th Glider Infantry Bat- instruct the Internet Corporation for facts. The Kaiser study also looked at talion, and the 509th, 550th, 551st, and 555th Assigned Names and Numbers to set up airborne infantry battalions; the consequence on these children from a new domain name for pornographic Whereas the achievements of the airborne encountering these pornographic websites. The owners of these sites forces during World War II provided a basis websites and e-mails. Fifty-seven per- would have 12 months to move their for evolution into a diversified force of para- cent of those age 15–17 who were stud- chute and air assault units that, over the sites to the new domain. ied believed that exposure to online years, have fought in Korea, Vietnam, Gre- This is a very simple yet effective nada, Panama, the Persian Gulf region, and method of protecting our children from pornography could have a serious im- pact on those under 18. And 76 percent Somalia, and have engaged in peacekeeping these sites. A new domain would make operations in Lebanon, the Sinai Peninsula, of children surveyed by Kaiser said ‘‘filter’’ programs, which screen out the Dominican Republic, Haiti, Bosnia, and these pornographic sites, much more that pornography that kids can see is a Kosovo; effective. It would eliminate mistakes ‘‘big problem.’’ Whereas the modern-day airborne force I just want to add that I am hopeful like the whitehouse dot-gov, dot-com, that has evolved from those World War II be- that, in the future, we can take even ginnings is an agile, powerful force that, in problem that I mentioned earlier. And, stronger steps to address the problem large part, is composed of the 82nd Airborne I firmly believe this bill passes First of pornographic e-mails. However, at Division, the 101st Airborne Division (Air As- Amendment tests for freedom of the moment, this bill will at least en- sault), and the 75th Infantry (Ranger) regi- speech. ment which, together with other units, com- sure that Internet users, particularly I understand that some people will prise the quick reaction force of the Army’s children, know that an e-mail contains not agree with me, saying that this bill XVIIIth Airborne Corps when not operating sexually oriented material before open- does not go far enough and that this separately under the command of a Com- ing it. type of material should be banned alto- mander in Chief of one of the regional uni- I hope that my colleagues will join fied combatant commands; gether. But the First Amendment to me in support of this important legisla- Whereas that modern-day airborne force the Constitution protects even mate- tion. It is intended to protect our most also includes other elite forces composed en- rial of this kind, whether or not we vulnerable citizens, our children, while tirely of airborne trained and qualified spe- may agree with it. My bill would not protecting the right of individuals to cial operations warriors, including Army infringe on the right of free speech, but Special Forces, Marine Corps Reconnais- free speech. I believe this is something would simply restrict where this type sance, Navy SEALs, Air Force Combat Con- that we can all support.∑ of speech could be presented on the trol Teams, Air Sea Rescue, and Airborne Internet. As one of my constituents f Engineer Aviation Battalions, all or most of which comprise the forces of the United from Louisiana said, ‘‘We need to put it STATEMENTS ON SUBMITTED States Special Operations Command; where the people who want to see it RESOLUTIONS Whereas, in the aftermath of the terrorist can get to it, and the ones who don’t attacks on the United States on September want to see it don’t have to.’’ That is 11, 2001, the 75th Infantry (ranger) regiment, all this provision does. SENATE RESOLUTION 242—DESIG- Special Forces units, and units of the 101st Finally, a similar provision in the NATING AUGUST 16, 2002 AS ‘‘NA- Airborne Division (Air Assault), together bill provides protection for children TIONAL AIRBORNE DAY’’ with other units of the Armed Forces, have from pornographic e-mails. This lan- Mr. THURMOND submitted the fol- been prosecuting the war against terrorism, guage is very similar to a bill that was lowing resolution; which was referred carrying out combat operations in Afghani- stan, training operations in the Philippines, introduced in the House of Representa- to the Committee on the Judiciary: and other operations elsewhere; tives by Congresswoman ZOE LOFGREN S. RES. 242 Whereas, of the members and former mem- of California. I wanted to take a second Whereas the airborne forces of the United bers of the Nation’s combat airborne forces, to acknowledge Congresswoman LOF- States Armed Forces have a long and honor- all have achieved distinction by earning the

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2731 right to wear the airborne’s ‘‘Silver Wings of SENATE RESOLUTION 243—DESIG- NEDY, HELMS, FRIST, BREAUX, EDWARDS, Courage’’, thousands have achieved the dis- NATING THE WEEK OF APRIL 21 CRAPO, COLLINS, CAMPBELL, SESSIONS, tinction of making combat jumps, 69 have THROUGH APRIL 28, 2002, AS ‘‘NA- INHOFE, CARNAHAN, DURBIN, KERRY, and earned the Medal of Honor, and hundreds TIONAL BIOTECHNOLOGY WEEK’’ THURMOND to submit a Senate Resolu- have earned the Distinguished-Service Cross, Silver Star, or other decorations and awards Mr. HUTCHINSON (for himself, Mr. tion declaring the Week of April 21– for displays of such traits as heroism, gal- DODD, Mrs. MURRAY, Mr. HATCH, Mr. April 27, 2002, as ‘‘National Bio- lantry, intrepidity, and valor; SPECTER, Mr. BOND, Mr. BINGAMAN, Mr. technology Week.’’ Whereas, the members and former mem- CRAIG, Mr. TORRICELLI, Mr. BIDEN, Mr. There have been incredible advance- bers of the Nation’s combat airborne forces JEFFORDS, Mr. CORZINE, Mr. SARBANES, ments in science over the last few are members of a proud and honorable frater- Ms. MIKULSKI, Mr. KENNEDY, Mr. years that are allowing us to improve nity of the profession of arms that is made HELMS, Mr. FRIST, Mr. BREAUX, Mr. health care, increase crop yields, re- exclusive by those distinctions which, to- EDWARDS, Mr. CRAPO, Ms. COLLINS, Mr. duce the use of pesticides, and replace gether with their special skills and achieve- costly industrial processes involving ments, distinguish them as intrepid combat CAMPBELL, Mr. SESSIONS, Mr. INHOFE, parachutists, special operations forces, and Mrs. CARNAHAN, Mr. DURBIN, Mr. harsh chemicals with cheaper, safer, bi- (in former days) glider troops; and KERRY, and Mr. THURMOND) submitted ological processes. These advance- Whereas the history and achievements of the following resolution; which was re- ments have occurred due to the hard the members and former members of the air- ferred to the Committee on the Judici- work and diligence of scientists and re- borne forces of the United States Armed ary. searchers in the United States, and all Forces warrant special expressions of the S. RES. 243 around the world, who have spent their gratitude of the American people as the air- Whereas biotechnology is a strategic in- lives promoting and perfecting the borne community celebrates August 16, 2002, practice of biotechnology. as the 62nd anniversary of the first official dustry and is increasingly important to the jump by the Army Parachute Test Platoon: research and development of products that In addition, biotechnology and the Now, therefore, be it improve health care, agriculture, industrial tools and devices developed for this processes, environmental remediation, and technology will be essential as our Resolved, That the Senate requests and biological defense; country continues to heighten its ef- urges the President to issue a proclama- Whereas biotechnology has been respon- forts to combat bioterrorism. One of tion— sible for medical breakthroughs that have (1) designating August 16, 2002, as ‘‘Na- benefited millions of people worldwide the first challenges in combating bio- tional Airborne Day’’; and through the development of vaccines, anti- terrorism is detection. Quick analysis (2) calling on Federal, State, and local ad- biotics, and other drugs; of pathogens using gene chips and ad- ministrators and the people of the United Whereas biotechnology is central to re- vanced techniques derived from bio- States to observe ‘‘National Airborne Day’’ search into cures and treatments for condi- technology will allow health providers with appropriate programs, ceremonies, and tions such as cancer, diabetes, epilepsy, mul- to quickly identify the type and nature activities. tiple sclerosis, heart and lung disease, Alz- of any biological attack. Also, there is heimer’s disease, Acquired Immune Defi- a need to be able to respond to a bio- Mr. THURMOND. Mr. President, I am ciency Syndrome, Parkinson’s disease, spi- pleased to rise today to submit a Sen- nal cord injuries, and many other ailments; logical attack. The tools of bio- ate resolution which designates August Whereas biotechnology contributes to crop technology will allow us to develop the 16, 2002 as ‘‘National Airborne Day.’’ yields and farm productivity, reduces chem- vaccines and treatments needed for ical pesticide use, and enhances the quality, this purpose. Because of its great po- On June 25, 1940, the War Department value, and suitability of crops for food and tential, biotechnology is a key compo- authorized the Parachute Test Platoon other uses that are critical to the agri- nent of promoting national security. to experiment with the potential use of culture of the United States; In my home State of Arkansas, the airborne troops. The Parachute Test Whereas biotechnology offers the potential potential for biotechnology as a motor Platoon, which was composed of 48 vol- for increasing food production, particularly for driving economic growth is just unteers, performed the first official in developing nations facing chronic food shortages; taking hold. Innovative research at the army parachute jump on August 16, Whereas biotechnology, through industrial University of Arkansas in Fayetteville 1940. The success of the Platoon led to applications, is creating an abundance of ef- and the University of Arkansas Med- the formation of a large and successful ficient enzymes and other biobased products, ical School is paving the way for many airborne contingent that has served which foster cleaner industrial processes and small start-up companies at the state’s from World War Two until the present. can help produce energy, fine chemicals, and incubation centers. In addition, re- biobased plastics from renewable resources; I was privileged to serve with the search at Arkansas Children’s Hospital Whereas biotechnology contributes to and new genomics research at the Na- 82nd Airborne Division, one of the first homeland defense and national security by tional Center for Toxicological Re- airborne divisions to be organized. In a providing the tools to develop a new genera- search is leading to greater under- two-year period during World War Two, tion of vaccines, therapeutics, and standing of the impact that diets have the regiments of the 82nd served in diagnostics for defense against bioterrorism; Whereas biotechnology contributes to the on health. Also, there is great eco- Italy at Anzio, in France at Normandy success of the United States as the global nomic potential for a biotechnology (where I landed with them), and at the leader in research and development, and corridor between Little Rock and the Battle of the Bulge. international commerce; Pine Bluff Arsenal where the research The 11th, 13th, 17th, and 101st Air- Whereas biotechnology will be an impor- community would be welcome to grow tant catalyst for creating more high-skilled borne Divisions and numerous other jobs throughout the 21st century and will and thrive in our State. regimental and battalion size airborne help reinvigorate rural economies; and With all of these benefits, there is no units were also organized following the Whereas it is important for all people of doubt that biotechnology is touching success of the Parachute Test Platoon. the United States to understand the bene- our lives and improving our world. But, In the last sixty-two years, these air- ficial role biotechnology plays in an im- along with this technology comes the borne forces have performed in impor- proved quality of life: Now, therefore, be it responsibility to understand and care- Resolved, That the Senate— tant military and peace-keeping oper- fully evaluate it. It is essential that (1) designates the week of April 21 through this technology be used to improve our ations all over the world, and it is only April 28, 2002, as ‘‘National Biotechnology appropriate that we designate a day to Week’’; and world and preserve our humanity. If salute the contributions they have (2) requests that the President issue a there is to be a future for this tech- made to this Nation. proclamation calling on the people of the nology, and we are to fully realize its United States to observe this week with ap- benefits and potential, elected officials Through passage of ‘‘National Air- propriate programs, ceremonies, and activi- and the public must be informed and borne Day,’’ the Senate will reaffirm ties. engaged about the basics of technology our support for the members of the air- ∑ Mr. HUTCHINSON. Mr. President, I itself and its incredible benefits. borne community and also show our rise today with Senators DODD, MUR- This is why my colleagues and I are gratitude for their tireless commit- RAY, HATCH, SPECTER, BOND, BINGAMAN, pleased to introduce this resolution de- ment to our Nation’s defense and CRAIG, TORRICELLI, BIDEN, JEFFORDS, claring April 21–27, 2002, as ‘‘National ideals. CORZINE, SARBANES, MIKULSKI, KEN- Biotechnology Week.’’ It is our hope

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2732 CONGRESSIONAL RECORD — SENATE April 16, 2002 that public officials, community lead- gency, taking into account foreseeable mili- PACT STATEMENT.—The ‘‘Final Legislative ers, researchers, professors, and school tary contingencies in the war on terrorism Environmental Impact Statement’’ (April teachers across the country will take and international commitments; 1987) on the Coastal Plain prepared pursuant (B) reducing dependence on imported for- this week to actively promote under- to section 1002 of the Alaska National Inter- eign oil, including from Iraq and other po- est Lands Conservation Act of 1980 (16 U.S.C. standing of biotechnology in their com- tentially hostile nations; and 3142) and section 102(2)(C) of the National En- munities and their classrooms.∑ (C) creating new jobs for American men vironmental Policy Act of 1969 (42 U.S.C. f and women. 4332(2)(C)) is deemed to satisfy the require- (3) The determination and certification by ments under the National Environmental AMENDMENTS SUBMITTED AND the President shall be made in his sole dis- Policy Act of 1969 that apply with respect to PROPOSED cretion and shall not be reviewable. actions authorized to be taken by the Sec- SA 3132. Mr. MURKOWSKI (for himself, SEC. 1902. DEFINITIONS. retary to develop and promulgate the regula- Mr. BREAUX, and Mr. STEVENS) proposed an In this title: tions for the establishment of a leasing pro- amendment to amendment SA 2917 proposed (1) COASTAL PLAIN.—The term ‘‘Coastal gram authorized by this title before the con- by Mr. DASCHLE (for himself and Mr. BINGA- Plain’’ means that area identified as such in duct of the first lease sale. MAN) to the bill (S. 517) to authorize funding the map entitled ‘‘Arctic National Wildlife (3) COMPLIANCE WITH NEPA FOR OTHER AC- the Department of Energy to enhance its Refuge’’, dated August 1980, as referenced in TIONS.—Before conducting the first lease sale mission areas through technology transfer section 1002(b) of the Alaska National Inter- under this title, the Secretary shall prepare and partnerships for fiscal years 2002 through est Lands Conservation Act of 1980 (16 U.S.C. an environmental impact statement under 2006, and for other purposes. 3142(b)(1)), comprising approximately the National Environmental Policy Act of SA 3133. Mr. STEVENS proposed an amend- 1,549,000 acres, and as legally described in ap- 1969 with respect to the actions authorized ment to amendment SA 3132 proposed by Mr. pendix I to part 37 of title 50, Code of Federal by this title that are not referred to in para- MURKOWSKI (for himself, Mr. BREAUX, and Regulations. graph (2). Notwithstanding any other law, (2) SECRETARY.—The term ‘‘Secretary’’, ex- Mr. STEVENS) to the amendment SA 2917 pro- the Secretary is not required to identify non- cept as otherwise provided, means the Sec- posed by Mr. DASCHLE (for himself and Mr. leasing alternative courses of action or to retary of the Interior or the Secretary’s des- BINGAMAN) to the bill (S. 517) supra. analyze the environmental effects of such SA 3134. Mr. REID (for Mr. KENNEDY (for ignee. courses of action. The Secretary shall only (3) KAKTOVIK.—The term ‘‘Kaktovik’’ himself, Mr. JEFFORDS, Mr. FRIST, Mr. identify a preferred action for such leasing means the home of the only human residents BINGAMAN, Mr. ROBERTS, Mr. HARKIN, Mr. and a single leasing alternative, and analyze of the Arctic National Wildlife Refuge. BOND, Mr. DASCHLE, Ms. COLLINS, Mr. the environmental effects and potential WELLSTONE, Mr. ENZI, Mrs. MURRAY, Mr. SEC. 1903. LEASING PROGRAM FOR LANDS WITH- mitigation measures for those two alter- IN THE COASTAL PLAIN. HUTCHINSON, Ms. MIKULSKI, Mr. DODD, Mr. natives. The identification of the preferred (a) IN GENERAL.—The Secretary shall take REED, Mr. EDWARDS, and Mrs. CLINTON)) pro- action and related analysis for the first lease posed an amendment to the bill S. 1533, to such actions as are necessary— sale under this title shall be completed with- (1) to establish and implement in accord- amend the Public Health Service Act to re- in 18 months after the date of the enactment ance with this title a competitive oil and gas authorize and strengthen the health centers of this Act. The Secretary shall only con- leasing program under the Mineral Leasing program and the National Health Service sider public comments that specifically ad- Act (30 U.S.C. 181 et seq.) that will result in Corps, and to establish the Healthy Commu- dress the Secretary’s preferred action and an environmentally sound program for the nities Access Program which will help co- that are filed within 20 days after publica- exploration, development, and production of ordinate services for the uninsured and tion of an environmental analysis. Notwith- the oil and gas resources of the Coastal underinsured, and for other purposes. standing any other law, compliance with this Plain; paragraph is deemed to satisfy all require- f (2) to administer the provisions of this ments for the analysis and consideration of TEXT OF AMENDMENTS title through regulations, lease terms, condi- the environmental effects of proposed leas- tions, restrictions, prohibitions, stipula- SA 3132. Mr. MURKOWSKI (for him- ing under this title. tions, and other provisions that ensure the (d) RELATIONSHIP TO STATE AND LOCAL AU- self, Mr. BREAUX, and Mr. STEVENS) oil and gas exploration, development, and THORITY.—Nothing in this title shall be con- proposed an amendment to amendment production activities on the Coastal Plain sidered to expand or limit State and local SA 2917 proposed by Mr. DASCHLE (for will result in no significant adverse effect on regulatory authority. himself and Mr. BINGAMAN) to the bill fish and wildlife, their habitat, subsistence (e) SPECIAL AREAS.— (S. 517) to authorize funding the De- resources, and the environment, and includ- (1) IN GENERAL.—The Secretary, after con- ing, in furtherance of this goal, by requiring partment of Energy to enhance its mis- sultation with the State of Alaska, the city the application of the best commercially of Kaktovik, and the North Slope Borough, sion areas through technology transfer available technology for oil and gas explo- may designate up to a total of 45,000 acres of and partnerships for fiscal years 2002 ration, development, and production to all the Coastal Plain as a Special Area if the through 2006, and for other purposes; as exploration, development, and production Secretary determines that the Special Area follows: operations under this title in a manner that is of such unique character and interest so as On page 590, after line 14, insert the fol- ensures the receipt of fair market value by to require special management and regu- lowing: the public for the mineral resources to be latory protection. The Secretary shall des- leased; and DIVISION H—DOMESTIC ENERGY ignate as such a Special Area the (3) to consult with the representatives of SECURITY Sadlerochit Spring area, comprising approxi- the City of Kaktovik and the Kaktovik mately 4,000 acres as depicted on the map re- TITLE XIX—AMERICAN HOMELAND Inupiat Corporation to ensure that the oil ferred to in section 1902(1). ENERGY SECURITY and gas exploration, development and pro- (2) MANAGEMENT.—Each such Special Area SEC. 1901. SHORT TITLE AND PRESIDENTIAL DE- duction activities authorized by this title shall be managed so as to protect and pre- TERMINATION. are conducted in a manner that recognizes serve the area’s unique and diverse character (a) This title may be cited as the ‘‘Amer- the interests of the city, the corporation, including its fish, wildlife, and subsistence ican Homeland Energy Security Act of 2002’’. and the residents of Kaktovik, their culture, resource values. (b) PRESIDENTIAL NATIONAL ECONOMIC AND their traditional subsistence activities, and (3) EXCLUSION FROM LEASING OR SURFACE SECURITY INTEREST CERTIFICATION TO CON- their use of the resources of the Coastal OCCUPANCY.—The Secretary may exclude any GRESS.— Plain. Special Area from leasing. If the Secretary (1) The provisions of this title, other than (b) REPEAL.—Section 1003 of the Alaska Na- leases a Special Area, or any part thereof, this subsection, shall take effect upon a de- tional Interest Lands Conservation Act of for purposes of oil and gas exploration, devel- termination by the President and certifi- 1980 (16 U.S.C. 3143) is repealed. opment, production, and related activities, cation by the President to the Senate and (c) COMPLIANCE WITH REQUIREMENTS UNDER there shall be no surface occupancy of the the House of Representatives that explo- CERTAIN OTHER LAWS.— lands comprising the Special Area. ration, development, and production of the (1) COMPATIBILITY.—For purposes of the (4) DIRECTIONAL DRILLING.—Notwith- oil and gas resources of the Coastal Plain (as National Wildlife Refuge System Adminis- standing the other provisions of this section, defined in section 1902(1) of this title) are in tration Act of 1966, the oil and gas leasing the Secretary may lease all or a portion of a the national economic and security interests program and activities authorized by this Special Area under terms that permit the of the United States. section in the Coastal Plain are deemed to be use of horizontal drilling technology from (2) The President shall base a determina- compatible with the purposes for which the sites on leases located outside the area. tion under paragraph (1) upon the Presi- Arctic National Wildlife Refuge was estab- (f) LIMITATION ON CLOSED AREAS.—The Sec- dent’s judgment of the contribution that lished, and that no further findings or deci- retary’s sole authority to close lands within production of the oil and gas resources of the sions are required to implement this deter- the Coastal Plain to oil and gas leasing and Coastal Plain would make in— mination. to exploration, development, and production (A) meeting the energy requirements of the (2) ADEQUACY OF THE DEPARTMENT OF THE is that set forth in this title. United States in a time of national emer- INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- (g) REGULATIONS.—

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(1) IN GENERAL.—The Secretary shall pre- tion with exploration, development, produc- for support of pipelines, does not exceed 2,000 scribe such regulations as may be necessary tion, or transportation activities conducted acres on the Coastal Plain. to carry out this title, including rules and under the lease and within the Coastal Plain (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- regulations relating to protection of the fish by the lessee or by any of the subcontractors TION.—The Secretary shall also require, with and wildlife, their habitat, subsistence re- or agents of the lessee; respect to any proposed drilling and related sources, and environment of the Coastal (4) provide that the lessee may not dele- activities, that— Plain, by no later than 15 months after the gate or convey, by contract or otherwise, the (1) a site-specific analysis be made of the date of the enactment of this title. reclamation responsibility and liability to probable effects, if any, that the drilling or (2) REVISION OF REGULATIONS.—The Sec- another person without the express written related activities will have on fish and wild- retary shall periodically review and, if ap- approval of the Secretary; life, their habitat, and the environment; propriate, revise the rules and regulations (5) provide that the standard of reclama- (2) a plan be implemented to avoid, mini- issued under subsection (a) to reflect any sig- tion for lands required to be reclaimed under mize, and mitigate (in that order and to the nificant biological, environmental, or engi- this title shall be, as nearly as practicable, a extent practicable) any significant adverse neering data that come to the Secretary’s condition capable of supporting the uses effect identified under paragraph (1); and (3) the development of the plan shall occur attention. which the lands were capable of supporting prior to any exploration, development, or after consultation with the agency or agen- SEC. 1904. LEASE SALES. cies having jurisdiction over matters miti- (a) IN GENERAL.—Lands may be leased pur- production activities, or upon application by the lessee, to a higher or better use as ap- gated by the plan. suant to this title to any person qualified to (c) REGULATIONS TO PROTECT COASTAL proved by the Secretary; obtain a lease for deposits of oil and gas PLAIN FISH AND WILDLIFE RESOURCES, SUB- (6) contain terms and conditions relating under the Mineral Leasing Act (30 U.S.C. 181 SISTENCE USERS, AND THE ENVIRONMENT.—Be- to protection of fish and wildlife, their habi- et seq.). fore implementing the leasing program au- tat, and the environment as required pursu- (b) PROCEDURES.—The Secretary shall, by thorized by this title, the Secretary shall regulation, establish procedures for— ant to section 1903(a)(2); (7) provide that the lessee, its agents, and prepare and promulgate regulations, lease (1) receipt and consideration of sealed terms, conditions, restrictions, prohibitions, its contractors use best efforts to provide a nominations for any area in the Coastal stipulations, and other measures designed to fair share, as determined by the level of obli- Plain for inclusion in, or exclusion (as pro- ensure that the activities undertaken on the gation previously agreed to in the 1974 agree- vided in subsection (c)) from, a lease sale; Coastal Plain under this title are conducted ment implementing section 29 of the Federal (2) the holding of lease sales after such in a manner consistent with the purposes Agreement and Grant of Right of Way for nomination process; and and environmental requirements of this the Operation of the Trans-Alaska Pipeline, (3) public notice of and comment on des- title. of employment and contracting for Alaska ignation of areas to be included in, or ex- (d) COMPLIANCE WITH FEDERAL AND STATE Natives and Alaska Native Corporations cluded from, a lease sale. ENVIRONMENTAL LAWS AND OTHER REQUIRE- from throughout the State; (c) LEASE SALE BIDS.—Bidding for leases MENTS.—The proposed regulations, lease (8) prohibit the export of oil produced under this title shall be by sealed competi- terms, conditions, restrictions, prohibitions, tive cash bonus bids. under the lease, except exports to Israel; and (9) contain such other provisions as the and stipulations for the leasing program (d) ACREAGE MINIMUM IN FIRST SALE.—In Secretary determines necessary to ensure under this title shall require compliance the first lease sale under this title, the Sec- compliance with the provisions of this title with all applicable provisions of Federal and retary shall offer for lease those tracts the and the regulations issued under this title. State environmental law and shall also re- Secretary considers to have the greatest po- (b) ENERGY SECURITY OF ISRAEL.—To fur- quire the following: tential for the discovery of hydrocarbons, (1) Standards at least as effective as the ther the purposes of paragraph (a)(8), the oil taking into consideration nominations re- safety and environmental mitigation meas- supply arrangement between the United ceived pursuant to subsection (b)(1), but in ures set forth in items 1 through 29 at pages States and Israel, as memorialized in a no case less than 200,000 acres. 167 through 169 of the ‘Final Legislative En- Memorandum of Agreement which entered (e) TIMING OF LEASE SALES.—The Secretary vironmental Impact Statement’ (April 1987) into force on November 25, 1979, as extended shall— on the Coastal Plain. through 2004, and the related Contingency (1) conduct the first lease sale under this (2) Seasonal limitations on exploration, de- Implementing Arrangements for the Memo- title within 22 months after the date of the velopment, and related activities, where nec- randum of Agreement, as extended through enactment of this title; and essary, to avoid significant adverse effects 2004, are extended through 2014. (2) conduct additional sales so long as suf- during periods of concentrated fish and wild- (c) PROJECT LABOR AGREEMENTS.—The Sec- ficient interest in development exists to war- life breeding, denning, nesting, spawning, retary, as a term and condition of each lease rant, in the Secretary’s judgment, the con- and migration. under this title and in recognizing the Gov- duct of such sales. (3) That exploration activities, except for ernment’s proprietary interest in labor sta- surface geological studies, be limited to the SEC. 1905. GRANT OF LEASES BY THE SEC- bility and in the ability of construction RETARY. period between approximately November 1 labor and management to meet the par- and May 1 each year and that exploration ac- (a) IN GENERAL.—The Secretary may grant ticular needs and conditions of projects to be to the highest responsible qualified bidder in tivities shall be supported by ice roads, win- developed under the leases issued pursuant ter trails with adequate snow cover, ice pads, a lease sale conducted pursuant to section to this title and the special concerns of the 1904 any lands to be leased on the Coastal ice airstrips, and air transport methods, ex- parties to such leases, shall require that the cept that such exploration activities may Plain upon payment by the lessee of such lessee and its agents and contractors nego- bonus as may be accepted by the Secretary. occur at other times, if— tiate to obtain a project labor agreement for (A) the Secretary determines, after afford- (b) SUBSEQUENT TRANSFERS.—No lease the employment of laborers and mechanics issued under this title may be sold, ex- ing an opportunity for public comment and on production, maintenance, and construc- review, that special circumstances exist ne- changed, assigned, sublet, or otherwise tion under the lease. transferred except with the approval of the cessitating that exploration activities be SEC. 1907. COASTAL PLAIN ENVIRONMENTAL conducted at other times of the year; and Secretary. Prior to any such approval the PROTECTION. Secretary shall consult with, and give due (B) the Secretary finds that such explo- (a) NO SIGNIFICANT ADVERSE EFFECT consideration to the views of, the Attorney ration will have no significant adverse effect STANDARD TO GOVERN AUTHORIZED COASTAL General. on the fish and wildlife, their habitat, and PLAIN ACTIVITIES.—The Secretary shall, con- the environment of the Coastal Plain. (4) De- SEC. 1906. LEASE TERMS AND CONDITIONS. sistent with the requirements of section 1903, sign safety and construction standards for (a) IN GENERAL.—An oil or gas lease issued administer the provisions of this title all pipelines and any access and service pursuant to this title shall— through regulations, lease terms, conditions, roads, that— (1) provide for the payment of a royalty of restrictions, prohibitions, stipulations, and (A) minimize, to the maximum extent pos- not less than 121⁄2 percent in amount or value other provisions that— sible, adverse effects upon the passage of mi- of the production removed or sold from the (1) ensure the oil and gas exploration, de- gratory species such as caribou; and lease, as determined by the Secretary under velopment, and production activities on the (B) minimize adverse effects upon the flow the regulations applicable to other Federal Coastal Plain will result in no significant ad- of surface water by requiring the use of cul- oil and gas leases; verse effect on fish and wildlife, their habi- verts, bridges, and other structural devices. (2) provide that the Secretary may close, tat, and the environment; (5) Prohibitions on public access and use on on a seasonal basis, portions of the Coastal (2) require the application of the best com- all pipeline access and service roads. Plain to exploratory drilling activities as mercially available technology for oil and (6) Stringent reclamation and rehabilita- necessary to protect caribou calving areas gas exploration, development, and produc- tion requirements, consistent with the and other species of fish and wildlife; tion on all new exploration, development, standards set forth in this title, requiring (3) require that the lessee of lands within and production operations; and the removal from the Coastal Plain of all oil the Coastal Plain shall be fully responsible (3) ensure that the maximum amount of and gas development and production facili- and liable for the reclamation of lands with- surface acreage covered by production and ties, structures, and equipment upon comple- in the Coastal Plain and any other Federal support facilities, including airstrips and tion of oil and gas production operations, ex- lands that are adversely affected in connec- any areas covered by gravel berms or piers cept that the Secretary may exempt from

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2734 CONGRESSIONAL RECORD — SENATE April 16, 2002 the requirements of this paragraph those fa- on fish and wildlife, their habitat, and the paragraph 1 of Public Land Order 6959, to the cilities, structures, or equipment that the environment. extent necessary to fulfill the Corporation’s Secretary determines would assist in the (D) Using existing facilities wherever prac- entitlement under section 12 of the Alaska management of the Arctic National Wildlife ticable. Native Claims Settlement Act (43 U.S.C. Refuge and that are donated to the United (E) Enhancing compatibility between wild- 1611) in accordance with the terms and condi- States for that purpose. life values and development activities. tions of the Agreement between the Depart- (7) Appropriate prohibitions or restrictions SEC. 1908. EXPEDITED JUDICIAL REVIEW. ment of the Interior, the Fish and Wildlife on access by all modes of transportation. (a) EXCLUSIVE JURISDICTION.—The United Service, the Bureau of Land Management, (8) Appropriate prohibitions or restrictions States Court of Appeals for the District of and the Kaktovik Inupiat Corporation effec- on sand and gravel extraction. Columbia Circuit shall have exclusive juris- tive January 22, 1993; and (9) Consolidation of facility siting. diction to determine— (b) to the Arctic Slope Regional Corpora- (10) Appropriate prohibitions or restric- (1) the validity of any final order or action tion the remaining subsurface estate to tions on use of explosives. (including a failure to act) of any federal which it is entitled pursuant to the August 9, (11) Avoidance, to the extent practicable, agency or officer under this title; 1983, agreement between the Arctic Slope Re- of springs, streams, and river system; the (2) the constitutionality of any provision gional Corporation and the United States of protection of natural surface drainage pat- of this title, or any decision made or action America. terns, wetlands, and riparian habitats; and taken thereunder; or SEC. 1911. COASTAL PLAIN LOCAL GOVERNMENT the regulation of methods or techniques for (3) the adequacy of any environmental im- IMPACT AID ASSISTANCE FUND. developing or transporting adequate supplies pact statement prepared under the National (a) FINANCIAL ASSISTANCE AUTHORIZED.— of water for exploratory drilling. Environmental Policy Act of 1969 with re- (1) IN GENERAL.—The Secretary of the Inte- (12) Avoidance or reduction of air traffic- spect to any action under this title. rior may use amounts available from the related disturbance to fish and wildlife. (b) DEADLINE FOR FILING CLAIM.—Claims Coastal Plain Local Government Impact Aid (13) Treatment and disposal of hazardous arising under this title may be brought not Assistance Fund established by subsection and toxic wastes, solid wastes, reserve pit later than 60 days after the date of the deci- (d) to provide timely financial assistance to fluids, drilling muds and cuttings, and do- sion or action giving rise to the claim. entities that are eligible under paragraph (2) mestic wastewater, including an annual (c) EXPEDITED CONSIDERATION.—The United and that are directly affected by the explo- waste management report, a hazardous ma- States Court of Appeals for the District of ration for or production of oil and gas on the terials tracking system, and a prohibition on Columbia Circuit shall set any action Coastal Plain under this title. chlorinated solvents, in accordance with ap- brought under subsection (a) of this section (2) ELIGIBLE ENTITIES.—The North Slope plicable Federal and State environmental for expedited consideration. Borough, Kaktovik, and other boroughs, mu- law. (d) LIMITATION ON SCOPE OF CERTAIN RE- nicipal subdivisions, villages, and any other (14) Fuel storage and oil spill contingency VIEW.—Judicial review of a Secretarial deci- community organized under Alaska State planning. sion to conduct a lease sale under this title, law shall be eligible for financial assistance (15) Research, monitoring, and reporting including the environmental analysis there- under this section. requirements. of, shall be limited to whether the Secretary (b) USE OF ASSISTANCE.—Financial assist- (16) Field crew environmental briefings. has complied with the terms of this title and ance made available under this section may (17) Avoidance of significant adverse ef- shall be based upon the administrative be used only for— fects upon subsistence hunting, fishing, and record of that decision. The Secretary’s iden- (1) planning for mitigation of the potential trapping by subsistence users. tification of a preferred course of action to effects of oil and gas exploration and devel- (18) Compliance with applicable air and enable leasing to proceed and the Secretary’s opment on environmental, social, cultural, water quality standards. analysis of environmental effects under this recreational and subsistence values; (19) Appropriate seasonal and safety zone title shall be presumed to be correct unless (2) implementing mitigation plans and designations around well sites, within which the Court determines that there is no ration- maintaining mitigation projects; and (3) developing, carrying out, and maintain- subsistence hunting and trapping shall be al basis for the final action of the Secretary. ing projects and programs that provide new limited. (e) LIMITATION ON OTHER REVIEW.—Actions or expanded public facilities and services to (20) Reasonable stipulations for protection of the Secretary with respect to which re- address needs and problems associated with of cultural and archeological resources. view could have been obtained under this such effects, including firefighting, police, (21) All other protective environmental section shall not be subject to judicial re- water, waste treatment, medivac, and med- stipulations, restrictions, terms, and condi- view in any civil or criminal proceeding for ical services. tions deemed necessary by the Secretary. enforcement. (c) APPLICATION.— (e) CONSIDERATIONS.—In preparing and pro- SEC. 1909. RIGHTS-OF-WAY ACROSS THE COASTAL (1) IN GENERAL.—Any community that is PLAIN. mulgating regulations, lease terms, condi- eligible for assistance under this section (a) EXEMPTION.—Title XI of the Alaska Na- tions, restrictions, prohibitions, and stipula- may submit an application for such assist- tional Interest Lands Conservation Act of tions under this section, the Secretary shall ance to the Secretary of the Interior, in such 1980 (16 U.S.C. 3161 et seq.) shall not apply to consider the following: form and under such procedures as the Sec- the issuance by the Secretary under section (1) The stipulations and conditions that retary of the Interior may prescribe by regu- 28 of the Mineral Leasing Act (30 U.S.C. 185) govern the National Petroleum Reserve- lation. of rights-of-way and easements across the Alaska leasing program, as set forth in the (2) NORTH SLOPE BOROUGH COMMUNITIES.—A 1999 Northeast National Petroleum Reserve- Coastal Plain for the transportation of oil community located in the North Slope Bor- Alaska Final Integrated Activity Plan/Envi- and gas. ough may apply for assistance under this (b) TERMS AND CONDITIONS.—The Secretary ronmental Impact Statement. section either directly to the Secretary or shall include in any right-of-way or ease- (2) The environmental protection stand- through the North Slope Borough. ards that governed the initial Coastal Plain ment referred to in subsection (a) such terms (3) APPLICATION ASSISTANCE.—The Sec- seismic exploration program under parts and conditions as may be necessary to en- retary of the Interior shall work closely with 37.31 to 37.33 of title 50, Code of Federal Reg- sure that transportation of oil and gas does and assist the North Slope Borough and ulations. not result in a significant adverse effect on other communities eligible for assistance (3) The land use stipulations for explor- the fish and wildlife, subsistence resources, under this section in developing and submit- atory drilling on the KIM–ASRC private their habitat, and the environment of the ting applications for assistance under this lands that are set forth in Appendix 2 of the Coastal Plain, including requirements that section. August 9, 1983, agreement between Arctic facilities be sited or designed so as to avoid (d) ESTABLISHMENT OF FUND.— Slope Regional Corporation and the United unnecessary duplication of roads and pipe- (1) IN GENERAL.—A separate account is States. lines. hereby established in the U.S. Treasury (f) FACILITY CONSOLIDATION PLANNING.— (c) REGULATIONS.—The Secretary shall in- which shall be known as the ‘‘Coastal Plain (1) IN GENERAL.—The Secretary shall, after clude in regulations under section 1903(g) Local Government Impact Aid Assistance providing for public notice and comment, provisions granting rights-of-way and ease- Fund’’. prepare and update periodically a plan to ments described in subsection (a) of this sec- (2) USE.—Amounts in the fund may be used govern, guide, and direct the siting and con- tion. only for providing financial assistance under struction of facilities for the exploration, de- SEC. 1910. CONVEYANCE. this section and shall be available to the velopment, production, and transportation of In order to maximize Federal revenues by Secretary of the Interior without further ap- Coastal Plain oil and gas resources. removing clouds on title to lands and clari- propriation and without fiscal year limita- (2) OBJECTIVES.—The plan shall have the fying land ownership patterns within the tion. following objectives: Coastal Plain, the Secretary, notwith- (3) DEPOSITS.—Subject to paragraph (4), (A) Avoiding unnecessary duplication of fa- standing the provisions of section 1302(h)(2) and in accordance with section 1912(a)(2) of cilities and activities. of the Alaska National Interest Lands Con- this title, there shall be deposited into the (B) Encouraging consolidation of common servation Act (16 U.S.C. 3192(h)(2)), shall con- fund amounts received by the United States facilities and activities. vey— as revenues derived from bonus bids on (C) Locating or confining facilities and ac- (a) to the Kaktovik Inupiat Corporation leases and lease sales authorized under this tivities to areas that will minimize impact the surface estate of the lands described in title.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2735 (4) INVESTMENT OF BALANCES.—The Sec- U.S. Treasury of the United States which technology transfer and partnerships retary of the U.S. Treasury shall invest shall be known as the ‘‘Habitat Conservation for fiscal years 2002 through 2006, and amounts in the fund in interest bearing gov- and Federal Maintenance and Improvements for other purposes; as follows: ernment securities. Backlog Fund’’. (2) USE, GENERALLY.—Funds shall be depos- (a) On page 3, strike all after line 1 and in- SEC. 1912. REVENUE ALLOCATION. sert the following: (a) BONUS BIDS.—Notwithstanding section ited into the Habitat Conservation and Fed- ‘‘SEC. 1903. LEASING PROGRAM FOR LANDS WITH- 1904 of this title, the Mineral Leasing Act (30 eral Maintenance and Improvements Back- log Fund shall be available to the Secretary IN THE COASTAL PLAIN. U.S.C. 181 et. Seq.), or any other law, of the ‘‘(a) IN GENERAL.—The Secretary shall amount of the adjusted bonus bids from oil of the Interior, without further appropria- tion and without fiscal year limitation, and take such actions as are necessary— and gas leasing and operations authorized ‘‘(1) to establish and implement in accord- under this title— may be used by the Secretary of the Interior to finance grants, contracts, cooperative ance with this title a competitive oil and gas (1) 50 percent shall be paid to the State of leasing program under the Mineral Leasing Alaska; agreements (including Memoranda of Under- standing), and programs for direct activities Act (30 U.S.C. 181 et seq.) that will result in (2) 1 percent shall be deposited into the an environmentally sound program for the Coastal Plain Local Government Impact Aid of the Department of the Interior to: (A) eliminate maintenance and improve- exploration, development, and production of Assistance Fund as authorized under section the oil and gas resources of the Coastal 1911 of this title; and ment backlogs on Federal lands; (B) restore and protect uplands, wetlands, Plain; (3) The balance of such revenues shall be ‘‘(2) to administer the provisions of this distributed as follows: and coastal habitat; (C) provide public access and necessary fa- title through regulations, lease terms, condi- (i) $10 million shall be available to the Sec- cilities for visitor accommodations; tions, restrictions, prohibitions, stipula- retary of Energy, without further appropria- (D) restore and improve historic landmarks tions, and other provisions that ensure the tion and without fiscal year limitation, to and property; and oil and gas exploration, development, and fill the Strategic Petroleum Reserve, includ- (E) develop urban parks through the Urban production activities on the Coastal Plain ing terminalling, transportation, power and Park Recreation and Recovery Program and will result in no significant adverse effect on third party inspections, and to the extent state and local recreation areas. fish and wildlife, their habitat, subsistence the Secretary of Energy determines that ge- (3) CONSULTATION AND COORDINATION.—Any resources, and the environment, and includ- ographic dispersal of the Reserve would en- specific use of the Habitat Conservation and ing, in furtherance of this goal, by requiring hance its use for national security, the Sec- Federal Maintenance and Improvements the application of the best commercially retary of Energy shall consider adding Stra- Backlog Fund shall be determined only after available technology for oil and gas explo- tegic Petroleum Reserves to the West Coast the Secretary of the Interior consults and ration, development, and production to all and Hawaii, consistent with current law; and coordinates with the heads of other appro- exploration, development, and production (ii) the remainder of the balance shall be priate Federal agencies. operations under this title in a manner that distributed as follows: 50 percent shall be de- (4) REPORTS.—Not later than 1 year after ensures the receipt of fair market value by posited into the Renewable Energy Tech- the date of the enactment of this Act and on the public for the mineral resources to be nology Investment Fund as provided in this an annual basis thereafter, the Secretary of leased; and section and 50 percent shall be deposited into the Interior shall transmit to the Committee ‘‘(3) to consult with the representatives of the Habitat Conservation and Federal Main- on Resources of the House of Representa- the City of Kaktovik and the Kaktovik tenance and Improvements Backlog Fund. tives, the Committee on Energy and Natural Inupiat Corporation to ensure that the oil (b) RENEWABLE ENERGY TECHNOLOGY IN- Resources of the Senate, and the Appropria- and gas exploration, development and pro- VESTMENT FUND.— tions Committees of both the House of Rep- duction activities authorized by this title (1) ESTABLISHMENT AND AVAILABILITY.—A resentatives and the Senate a report on the are conducted in a manner that recognizes separate account is hereby established in the use of funds under this section. the interests of the city, the corporation, U.S. Treasury of the United States which (d) RENTS AND ROYALTIES.—Notwith- and the residents of Kaktovik, their culture, shall be known as the ‘‘Renewable Energy standing section 1904 of this title, the Min- their traditional subsistence activities, and Technology Investment Fund’’. eral Leasing Act (30 U.S.C. 181, et. seq.), or their use of the resources of the Coastal (2) USE, GENERALLY.—Not to exceed any other law, of the amount of the rents Plain. $80,000,000 of the funds deposited into the Re- and royalties from oil and gas leasing and ‘‘(b) REPEAL.—Section 1003 of the Alaska newable Energy Technology Investment operations authorized under this title— National Interest Lands Conservation Act of Fund shall be available in each fiscal year to (1) 50 percent shall be paid to the State of 1980 (16 U.S.C. 3143) is repealed. the Secretary of Energy, without further ap- Alaska; and ‘‘(c) COMPLIANCE WITH REQUIREMENTS propriation, to finance research grants, con- (2) 50 percent shall be deposited into the UNDER CERTAIN OTHER LAWS.— tracts, and cooperative agreements and ex- U.S. Treasury as miscellaneous receipts. ‘‘(1) COMPATIBILITY.—For purposes of the penses of direct research by Federal agen- (e) ADJUSTMENTS.—Adjustments to rental National Wildlife Refuge System Adminis- cies, including the costs of administering and royalty amounts from oil and gas leas- tration Act of 1966, the oil and gas leasing and reporting on such a program of research, ing and operations authorized under this program and activities authorized by this to improve and demonstrate technology and title shall be made as necessary for overpay- section in the Coastal Plain are deemed to be develop basic science information for devel- ments and refunds from lease revenues re- compatible with the purposes for which the opment and use of renewable and alternative ceived in current or subsequent periods be- Arctic National Wildlife Refuge was estab- fuels including wind energy, solar energy, fore distribution of such revenues pursuant lished, and that no further findings or deci- geothermal energy, hydroelectric energy and to this section. sions are required to implement this deter- energy from biomass. Such research may in- (f) PAYMENTS TO STATE.—Payments to the mination. clude studies on deployment of such tech- State of Alaska under this section shall be ‘‘(2) ADEQUACY OF THE DEPARTMENT OF THE nology including research on how to lower made quarterly. INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- the costs of introduction of such technology SEC. 1913. ADDITIONAL WILDERNESS DESIGNA- PACT STATEMENT.—The ‘Final Legislative En- and of barriers to entry into the market of TION vironmental Impact Statement’ (April 1987) such technology. Notwithstanding Sections 101(d) and 1326 of on the Coastal Plain prepared pursuant to (3) CONSULTATION AND COORDINATION.—Any the Alaska National Interest Lands Con- section 1002 of the Alaska National Interest specific use of the Renewable Energy Tech- servation Act, Section 702(3) of the Alaska Lands Conservation Act of 1980 (16 U.S.C. nology Investment Fund shall be determined National Interest Lands Conservation Act 3142) and section 102(2)(C) of the National En- only after the Secretary of Energy consults (P.L. 96–487) is amended to read as follows: vironmental Policy Act of 1969 (42 U.S.C. and coordinates with the heads of other ap- ‘‘(3) Mollie Beattie Wilderness of approxi- 4332(2)(C)) is deemed to satisfy the require- propriate Federal agencies. mately 9.5 million acres generally depicted ments under the National Environmental (4) REPORTS.—Not later than 1 year after on a map entitled ‘‘Arctic National Wildlife Policy Act of 1969 that apply with respect to the date of the enactment of this Act and on Refuge’’ dated April 2002 on file in the Office actions authorized to be taken by the Sec- an annual basis thereafter, the Secretary of of the Director of the U.S. Fish and Wildlife retary to develop and promulgate the regula- Energy shall transmit to the Committee on Service;’’. tions for the establishment of a leasing pro- Science of the House of Representatives and gram authorized by this title before the con- the Committee on Energy and Natural Re- SA 3133. Mr. STEVENS proposed an duct of the first lease sale. sources of the Senate a report on the use of amendment to amendment SA 3132 pro- ‘‘(3) COMPLIANCE WITH NEPA FOR OTHER AC- funds under this section and the impact of posed by Mr. MURKOWSKI (for himself, TIONS.—Before conducting the first lease sale and efforts to integrate such uses with other Mr. BREAUX, and Mr. STEVENS) to the under this title, the Secretary shall prepare energy research efforts. amendment SA 2917 proposed by Mr. an environmental impact statement under (c) HABITAT CONSERVATION AND FEDERAL the National Environmental Policy Act of ASCHLE INGA MAINTENANCE AND IMPROVEMENTS BACKLOG D (for himself and Mr. B - 1969 with respect to the actions authorized FUND.— MAN) to the bill (S. 517) to authorize by this title that are not referred to in para- (1) ESTABLISHMENT AND AVAILABILITY.—A funding the Department of Energy to graph (2). Notwithstanding any other law, separate account is hereby established in the enhance its mission areas through the Secretary is not required to identify non-

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2736 CONGRESSIONAL RECORD — SENATE April 16, 2002 leasing alternative courses of action or to ‘‘(1) receipt and consideration of sealed which the lands were capable of supporting analyze the environmental effects of such nominations for any area in the Coastal prior to any exploration, development, or courses of action. The Secretary shall only Plain for inclusion in, or exclusion (as pro- production activities, or upon application by identify a preferred action for such leasing vided in subsection (c)) from, a lease sale; the lessee, to a higher or better use as ap- and a single leasing alternative, and analyze ‘‘(2) the holding of lease sales after such proved by the Secretary; the environmental effects and potential nomination process; and ‘‘(6) contain terms and conditions relating mitigation measures for those two alter- ‘‘(3) public notice of and comment on des- to protection of fish and wildlife, their habi- natives. The identification of the preferred ignation of areas to be included in, or ex- tat, and the environment as required pursu- action and related analysis for the first lease cluded from, a lease sale. ant to section 1903(a)(2); sale under this title shall be completed with- ‘‘(c) LEASE SALE BIDS.—Bidding for leases ‘‘(7) provide that the lessee, its agents, and in 6 months after the date of the enactment under this title shall be by sealed competi- its contractors use best efforts to provide a of this Act. The Secretary shall only con- tive cash bonus bids. fair share, as determined by the level of obli- sider public comments that specifically ad- ‘‘(d) ACREAGE MINIMUM IN FIRST SALE.—In gation previously agreed to in the 1974 agree- dress the Secretary’s preferred action and the first lease sale under this title, the Sec- ment implementing section 29 of the Federal that are filed within 20 days after publica- retary shall offer for lease those tracts the Agreement and Grant of Right of Way for tion of an environmental analysis. Notwith- Secretary considers to have the greatest po- the Operation of the Trans-Alaska Pipeline, standing any other law, compliance with this tential for the discovery of hydrocarbons, of employment and contracting for Alaska paragraph is deemed to satisfy all require- taking into consideration nominations re- Natives and Alaska Native Corporations ments for the analysis and consideration of ceived pursuant to subsection (b)(1), but in from throughout the State; the environmental effects of proposed leas- no case less than 200,000 acres. ‘‘(8) prohibit the export of oil produced ing under this title. ‘‘(e) TIMING OF LEASE SALES.—The Sec- under the lease, except exports to Israel; and ‘‘(d) RELATIONSHIP TO STATE AND LOCAL AU- retary shall— ‘‘(9) contain such other provisions as the THORITY.—Nothing in this title shall be con- ‘‘(1) conduct the first lease sale under this Secretary determines necessary to ensure sidered to expand or limit State and local title within 8 months after the date of the compliance with the provisions of this title regulatory authority. enactment of this title; and and the regulations issued under this title. ‘‘(e) SPECIAL AREAS.— ‘‘(2) conduct additional sales so long as suf- ‘‘(b) ENERGY SECURITY OF ISRAEL.—To fur- ‘‘(1) IN GENERAL.—The Secretary, after con- ficient interest in development exists to war- ther the purposes of paragraph (a)(8), the oil sultation with the State of Alaska, the city rant, in the Secretary’s judgment, the con- supply arrangement between the United of Kaktovik, and the North Slope Borough, duct of such sales. States and Israel, as memorialized in a may designate up to a total of 45,000 acres of ‘‘(f) AUTHORIZATION FOR APPROPRIATIONS.— Memorandum of Agreement which entered the Coastal Plain as a Special Area if the The Secretary of the Interior is authorized into force on November 25, 1979, as extended Secretary determines that the Special Area and directed to make available from funds through 2004, and the related Contingency is of such unique character and interest so as available to the Secretary under Public Law Implementing Arrangements for the Memo- to require special management and regu- 107–63 under the Bureau of Land Manage- randum of Agreement, as extended through latory protection. The Secretary shall des- ment, ‘‘Management of Lands and Re- 2004, are extended through 2014. ignate as such a Special Area the sources’’ such sums as are necessary to carry ‘‘(c) PROJECT LABOR AGREEMENTS.—The Sadlerochit Spring area, comprising approxi- out the provisions of this section.’’ Secretary, as a term and condition of each lease under this title and in recognizing the mately 4,000 acres as depicted on the map re- ‘‘SEC. 1905. GRANT OF LEASES BY THE SEC- ferred to in section 1902(1). RETARY. Government’s proprietary interest in labor stability and in the ability of construction ‘‘(2) MANAGEMENT.—Each such Special ‘‘(a) IN GENERAL.—The Secretary may Area shall be managed so as to protect and grant to the highest responsible qualified labor and management to meet the par- preserve the area’s unique and diverse char- bidder in a lease sale conducted pursuant to ticular needs and conditions of projects to be acter including its fish, wildlife, and subsist- section 1904 any lands to be leased on the developed under the leases issued pursuant ence resource values. Coastal Plain upon payment by the lessee of to this title and the special concerns of the parties to such leases, shall require that the ‘‘(3) EXCLUSION FROM LEASING OR SURFACE such bonus as may be accepted by the Sec- lessee and its agents and contractors nego- OCCUPANCY.—The Secretary may exclude any retary. tiate to obtain a project labor agreement for Special Area from leasing. If the Secretary ‘‘(b) SUBSEQUENT TRANSFERS.—No lease leases a Special Area, or any part thereof, issued under this title may be sold, ex- the employment of laborers and mechanics for purposes of oil and gas exploration, devel- changed, assigned, sublet, or otherwise on production, maintenance, and construc- opment, production, and related activities, transferred except with the approval of the tion under the lease. there shall be no surface occupancy of the Secretary. Prior to any such approval the ‘‘SEC. 1907. COASTAL PLAIN ENVIRONMENTAL lands comprising the Special Area. Secretary shall consult with, and give due PROTECTION. ‘‘(a) NO SIGNIFICANT ADVERSE EFFECT ‘‘(4) DIRECTIONAL DRILLING.—Notwith- consideration to the views of, the Attorney standing the other provisions of this section, General. STANDARD TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.—The Secretary shall, con- the Secretary may lease all or a portion of a ‘‘SEC. 1906. LEASE TERMS AND CONDITIONS. Special Area under terms that permit the sistent with the requirements of section 1903, ‘‘(a) IN GENERAL.—An oil or gas lease administer the provisions of this title use of horizontal drilling technology from issued pursuant to this title shall— sites on leases located outside the area. through regulations, lease terms, conditions, ‘‘(1) provide for the payment of a royalty of restrictions, prohibitions, stipulations, and ‘‘(f) LIMITATION ON CLOSED AREAS.—The 1 not less than 12 ⁄2 percent in amount or value other provisions that— Secretary’s sole authority to close lands of the production removed or sold from the within the Coastal Plain to oil and gas leas- ‘‘(1) ensure the oil and gas exploration, de- lease, as determined by the Secretary under velopment, and production activities on the ing and to exploration, development, and the regulations applicable to other Federal production is that set forth in this title. Coastal Plain will result in no significant ad- oil and gas leases; verse effect on fish and wildlife, their habi- ‘‘(g) REGULATIONS.— ‘‘(2) provide that the Secretary may close, tat, and the environment; ‘‘(1) IN GENERAL.—The Secretary shall pre- on a seasonal basis, portions of the Coastal ‘‘(2) require the application of the best scribe such regulations as may be necessary Plain to exploratory drilling activities as commercially available technology for oil to carry out this title, including rules and necessary to protect caribou calving areas and gas exploration, development, and pro- regulations relating to protection of the fish and other species of fish and wildlife; duction on all new exploration, development, and wildlife, their habitat, subsistence re- ‘‘(3) require that the lessee of lands within and production operations; and sources, and environment of the Coastal the Coastal Plain shall be fully responsible ‘‘(3) ensure that the maximum amount of Plain, by no later than 4 months after the and liable for the reclamation of lands with- surface acreage covered by production and date of the enactment of this title. in the Coastal Plain and any other Federal support facilities, including airstrips and ‘‘(2) REVISION OF REGULATIONS.—The Sec- lands that are adversely affected in connec- any areas covered by gravel berms or piers retary shall periodically review and, if ap- tion with exploration, development, produc- for support of pipelines, does not exceed 2,000 propriate, revise the rules and regulations tion, or transportation activities conducted acres on the Coastal Plain. issued under subsection (a) to reflect any sig- under the lease and within the Coastal Plain ‘‘(b) SITE-SPECIFIC ASSESSMENT AND MITI- nificant biological, environmental, or engi- by the lessee or by any of the subcontractors GATION.—The Secretary shall also require, neering data that come to the Secretary’s or agents of the lessee; with respect to any proposed drilling and re- attention. ‘‘(4) provide that the lessee may not dele- lated activities, that— ‘‘SEC. 1904. LEASE SALES. gate or convey, by contract or otherwise, the ‘‘(1) a site-specific analysis be made of the ‘‘(a) IN GENERAL.—Lands may be leased reclamation responsibility and liability to probable effects, if any, that the drilling or pursuant to this title to any person qualified another person without the express written related activities will have on fish and wild- to obtain a lease for deposits of oil and gas approval of the Secretary; life, their habitat, and the environment; under the Mineral Leasing Act (30 U.S.C. 181 ‘‘(5) provide that the standard of reclama- ‘‘(2) a plan be implemented to avoid, mini- et seq.). tion for lands required to be reclaimed under mize, and mitigate (in that order and to the ‘‘(b) PROCEDURES.—The Secretary shall, by this title shall be, as nearly as practicable, a extent practicable) any significant adverse regulation, establish procedures for— condition capable of supporting the uses effect identified under paragraph (1); and

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2737 ‘‘(3) the development of the plan shall ‘‘(10) Appropriate prohibitions or restric- concerning pre- leasing, leasing and develop- occur after consultation with the agency or tions on use of explosives. ment activities authorized in this title.’’ agencies having jurisdiction over matters (11) Avoidance, to the extent practicable, ‘‘SEC. 1909. RIGHTS-OF-WAY ACROSS THE COAST- mitigated by the plan. of springs, streams, and river system; the AL PLAIN. ‘‘(c) REGULATIONS TO PROTECT COASTAL protection of natural surface drainage pat- ‘‘(a) EXEMPTION.—Title XI of the Alaska PLAIN FISH AND WILDLIFE RESOURCES, SUB- terns, wetlands, and riparian habitats; and National Interest Lands Conservation Act of SISTENCE USERS, AND THE ENVIRONMENT.—Be- the regulation of methods or techniques for 1980 (16 U.S.C. 3161 et seq.) shall not apply to fore implementing the leasing program au- developing or transporting adequate supplies the issuance by the Secretary under section thorized by this title, the Secretary shall of water for exploratory drilling. 28 of the Mineral Leasing Act (30 U.S.C. 185) prepare and promulgate regulations, lease ‘‘(12) Avoidance or reduction of air traffic- of rights-of-way and easements across the terms, conditions, restrictions, prohibitions, related disturbance to fish and wildlife. Coastal Plain for the transportation of oil stipulations, and other measures designed to ‘‘(13) Treatment and disposal of hazardous and gas. ensure that the activities undertaken on the and toxic wastes, solid wastes, reserve pit ‘‘(b) TERMS AND CONDITIONS.—The Sec- Coastal Plain under this title are conducted fluids, drilling muds and cuttings, and do- retary shall include in any right-of-way or in a manner consistent with the purposes mestic wastewater, including an annual easement referred to in subsection (a) such and environmental requirements of this waste management report, a hazardous ma- terms and conditions as may be necessary to title. terials tracking system, and a prohibition on ensure that transportation of oil and gas ‘‘(d) COMPLIANCE WITH FEDERAL AND STATE chlorinated solvents, in accordance with ap- does not result in a significant adverse effect ENVIRONMENTAL LAWS AND OTHER REQUIRE- plicable Federal and State environmental on the fish and wildlife, subsistence re- MENTS.—The proposed regulations, lease law. sources, their habitat, and the environment terms, conditions, restrictions, prohibitions, ‘‘(14) Fuel storage and oil spill contingency of the Coastal Plain, including requirements and stipulations for the leasing program planning. that facilities be sited or designed so as to under this title shall require compliance ‘‘(15) Research, monitoring, and reporting avoid unnecessary duplication of roads and with all applicable provisions of Federal and requirements. pipelines. State environmental law and shall also re- ‘‘(16) Field crew environmental briefings. ‘‘(c) REGULATIONS.—The Secretary shall in- quire the following: ‘‘(17) Avoidance of significant adverse ef- clude in regulations under section 1903(g) ‘‘(1) Standards at least as effective as the fects upon subsistence hunting, fishing, and provisions granting rights-of-way and ease- safety and environmental mitigation meas- trapping by subsistence users. ments described in subsection (a) of this sec- ures set forth in items 1 through 29 at pages ‘‘(18) Compliance with applicable air and tion. 167 through 169 of the ‘Final Legislative En- water quality standards. ‘‘SEC. 1910. CONVEYANCE. vironmental Impact Statement’ (April 1987) ‘‘(19) Appropriate seasonal and safety zone In order to maximize Federal revenues by on the Coastal Plain. designations around well sites, within which removing clouds on title to lands and clari- ‘‘(2) Seasonal limitations on exploration, subsistence hunting and trapping shall be fying land ownership patterns within the development, and related activities, where limited. Coastal Plain, the Secretary, notwith- necessary, to avoid significant adverse ef- ‘‘(20) Reasonable stipulations for protec- standing the provisions of section 1302(h)(2) fects during periods of concentrated fish and tion of cultural and archeological resources. of the Alaska National Interest Lands Con- wildlife breeding, denning, nesting, spawn- ‘‘(21) All other protective environmental servation Act (16 U.S.C. 3192(h)(2)), shall con- ing, and migration. stipulations, restrictions, terms, and condi- vey— ‘‘(3) That exploration activities, except for tions deemed necessary by the Secretary. ‘‘(a) to the Kaktovik Inupiat Corporation surface geological studies, be limited to the ‘‘(e) CONSIDERATIONS.—In preparing and the surface estate of the lands described in period between approximately November 1 promulgating regulations, lease terms, con- paragraph 1 of Public Land Order 6959, to the and May 1 each year and that exploration ac- ditions, restrictions, prohibitions, and stipu- extent necessary to fulfill the Corporation’s tivities shall be supported by ice roads, win- lations under this section, the Secretary entitlement under section 12 of the Alaska ter trails with adequate snow cover, ice pads, shall consider the following: Native Claims Settlement Act (43 U.S.C. ice airstrips, and air transport methods, ex- ‘‘(1) The stipulations and conditions that 1611) in accordance with the terms and condi- cept that such exploration activities may govern the National Petroleum Reserve- tions of the Agreement between the Depart- occur at other times, if— Alaska leasing program, as set forth in the ment of the Interior, the Fish and Wildlife ‘‘(A) the Secretary determines, after af- 1999 Northeast National Petroleum Reserve- Service, the Bureau of Land Management, fording an opportunity for public comment Alaska Final Integrated Activity Plan/Envi- and the Kaktovik Inupiat Corporation effec- and review, that special circumstances exist ronmental Impact Statement. tive January 22, 1993; and ‘‘(b) to the Arctic Slope Regional Corpora- necessitating that exploration activities be ‘‘(2) The environmental protection stand- tion the remaining subsurface estate to conducted at other times of the year; and ards that governed the initial Coastal Plain which it is entitled pursuant to the August 9, ‘‘(B) the Secretary finds that such explo- seismic exploration program under parts 1983, agreement between the Arctic Slope Re- ration will have no significant adverse effect 37.31 to 37.33 of title 50, Code of Federal Reg- gional Corporation and the United States of on the fish and wildlife, their habitat, and ulations. America. the environment of the Coastal Plain. ‘‘(3) The land use stipulations for explor- ‘‘(4) Design safety and construction stand- atory drilling on the KIC–ASRC private ‘‘SEC. 1911. COASTAL PLAIN LOCAL GOVERNMENT IMPACT AID ASSISTANCE FUND. ards for all pipelines and any access and lands that are set forth in Appendix 2 of the service roads, that— August 9, 1983, agreement between Arctic ‘‘(a) FINANCIAL ASSISTANCE AUTHORIZED.— ‘‘(A) minimize, to the maximum extent Slope Regional Corporation and the United ‘‘(1) IN GENERAL.—The Secretary of the In- possible, adverse effects upon the passage of States. terior may use amounts available from the migratory species such as caribou; and ‘‘(f) FACILITY CONSOLIDATION PLANNING.— Coastal Plain Local Government Impact Aid ‘‘(B) minimize adverse effects upon the ‘‘(1) IN GENERAL.—The Secretary shall, Assistance Fund established by subsection flow of surface water by requiring the use of after providing for public notice and com- (d) to provide timely financial assistance to culverts, bridges, and other structural de- ment, prepare and update periodically a plan entities that are eligible under paragraph (2) vices. to govern, guide, and direct the siting and and that are directly affected by the explo- ‘‘(5) Prohibitions on public access and use construction of facilities for the exploration, ration for or production of oil and gas on the on all pipeline access and service roads. development, production, and transportation Coastal Plain under this title. ‘‘(6) Stringent reclamation and rehabilita- ‘‘(2) ELIGIBLE ENTITIES.—The North Slope tion requirements, consistent with the of Coastal Plain oil and gas resources. ‘‘(2) OBJECTIVES.—The plan shall have the Borough, Kaktovik, and other boroughs, mu- standards set forth in this title, requiring nicipal subdivisions, villages, and any other the removal from the Coastal Plain of all oil following objectives: ‘‘(A) Avoiding unnecessary duplication of community organized under Alaska State and gas development and production facili- law shall be eligible for financial assistance ties, structures, and equipment upon comple- facilities and activities. ‘‘(B) Encouraging consolidation of common under this section. tion of oil and gas production operations, ex- ‘‘(b) USE OF ASSISTANCE.—Financial assist- facilities and activities. cept that the Secretary may exempt from ance made available under this section may ‘‘(C) Locating or confining facilities and the requirements of this paragraph those fa- be used only for— activities to areas that will minimize impact cilities, structures, or equipment that the ‘‘(1) planning for mitigation of the poten- on fish and wildlife, their habitat, and the Secretary determines would assist in the tial effects of oil and gas exploration and de- environment. management of the Arctic National Wildlife velopment on environmental, social, cul- ‘‘(D) Using existing facilities wherever Refuge and that are donated to the United tural, recreational and subsistence values; States for that purpose. practicable. ‘‘(2) implementing mitigation plans and ‘‘(7) Appropriate prohibitions or restric- ‘‘(E) Enhancing compatibility between maintaining mitigation projects; and tions on access by all modes of transpor- wildlife values and development activities. ‘‘(3) developing, carrying out, and main- tation. ‘‘SEC. 1908. EXPEDITED REVIEW. taining projects and programs that provide ‘‘(8) Appropriate prohibitions or restric- The provisions and limitations in sub- new or expanded public facilities and serv- tions on sand and gravel extraction. sections 203(c), ‘‘(d) and (e) of Public Law 93– ices to address needs and problems associ- ‘‘(9) Consolidation of facility siting. 153 shall apply to all actions and decisions ated with such effects, including firefighting,

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2738 CONGRESSIONAL RECORD — SENATE April 16, 2002 police, water, waste treatment, medivac, and Trust Fund, in accordance with the provi- ‘‘(3)(A) 15 percent of bonus bids in Fiscal medical services. sions of section 1914, and thereafter into the Year 2003; and ‘‘(c) APPLICATION.— U.S. Treasury as miscellaneous receipts. ‘‘(B) 15 percent of bonus bids in Fiscal Year ‘‘(1) IN GENERAL.—Any community that is ‘‘(c) PAYMENTS TO STATE.—Payments to 2005 eligible for assistance under this section the State of Alaska under this section shall may be used by the Secretary of Commerce may submit an application for such assist- be transferred on the 15th day of each month to provide grants, loans, and other assist- ance to the Secretary of the Interior, in such as a direct lump sum payment from the ance (including federal loans with deferred form and under such procedures as the Sec- Treasury without further appropriation. or forgivable payments) to modernize the retary of the Interior may prescribe by regu- ‘‘SEC. 1913. ADDITIONAL WILDERNESS DESIGNA- United States steel, heavy equipment, and lation. TION.— related manufacturing industries, and to ‘‘(2) NORTH SLOPE BOROUGH COMMUNITIES.— Notwithstanding Sections 101(d) and 1326 of produce the necessary materials and equip- A community located in the North Slope the Alaska National Interest Lands Con- ment and construct the necessary infrastruc- Borough may apply for assistance under this servation Act, Section 702(3) of the Alaska ture to support such industries, with empha- section either directly to the Secretary or National Interest Lands Conservation Act sis on the transportation systems and infra- through the North Slope Borough. (P.L. 96–487) is amended to read as follows: structure necessary to transport domestic ‘‘(3) APPLICATION ASSISTANCE.—The Sec- ‘‘(3) Mollie Beattie Wilderness of approxi- petroleum products, under authorized pro- retary of the Interior shall work closely with mately 9.5 million acres generally depicted grams including, but not limited to— and assist the North Slope Borough and on a map entitled ‘‘Arctic National Wildlife ‘‘(i) the Manufacturing Enterprise Program other communities eligible for assistance Refuge’’ dated April 2002 on file in the Office to stimulate manufacturing capacity; under this section in developing and submit- of the Director of the U.S. Fish and Wildlife ‘‘(ii) the Economic Development Adminis- ting applications for assistance under this Service;’’. tration; section. ‘‘1914. CONSERVATION, JOBS, AND STEEL REIN- ‘‘(iii) the International Trade Administra- ‘‘(d) ESTABLISHMENT OF FUND.— VESTMENT TRUST FUND. tion; and ‘‘(1) IN GENERAL.—A separate account is ‘‘(a) ESTABLISHMENT.—There is hereby es- ‘‘(iv) federal loan guarantees to finance hereby established in the U.S. Treasury tablished in the Treasury of the United private sector construction of such transpor- which shall be known as the ‘‘Coastal Plain States a separate account which shall be tation systems and infrastructure; and Local Government Impact Aid Assistance known as the ‘Conservation, Jobs, and Steel ‘‘(v) other related authorized programs Fund’’. Reinvestment Trust Fund’. within the jurisdiction of the House and Sen- ‘‘(2) USE.—Amounts in the fund may be ‘‘(b) DEPOSITS.—Deposits described in sub- ate Committees on Appropriations to im- used only for providing financial assistance section (g), the bonus bid revenues described prove or increase manufacturing capacities under this section and shall be available to in section 1912(a)(3)(ii) from leases author- and capabilities in the United States. the Secretary of the Interior without further ized or issued under this title, and for 30 ‘‘(4)(A) 10 percent of bonus bids in Fiscal appropriation and without fiscal year limita- years following the production from leases Year 2003; and tion. issued under this title fifty percent of the ‘‘(B) 10 percent in Fiscal Year 2005 ‘‘(3) DEPOSITS.—Subject to paragraph (4), rents, royalties and other payments, as de- may be used by the Secretary of Labor, ex- and in accordance with section 1912(a)(2) of scribed in section 1912(b)(2), shall be depos- cept as provided under subsection (e), to this title, there shall be deposited into the ited into the Conservation, Jobs, and Steel train American workers to fabricate, con- fund amounts received by the United States Reinvestment Trust Fund. Amounts de- struct, operate, and transport materials for as revenues derived from bonus bids on scribed at subsections (c)(2), (3), (4) and (5) of systems and infrastructure necessary to leases and lease sales authorized under this this section and deposited in such Fund each transport domestic petroleum products using title. fiscal year shall be available until expended authorized programs, including but not lim- ‘‘(4) INVESTMENT OF BALANCES.—The Sec- without further appropriation. Amounts de- ited to— retary of the U.S. Treasury shall invest scribed at subsections (c)(1) and (g) and de- ‘‘(i) veterans employment and training pro- amounts in the fund in interest bearing gov- posited in such Fund shall be available in ac- grams; ernment securities. cordance with subsection (g). ‘‘(ii) dislocated workers program to train ‘‘SEC. 1912. REVENUE ALLOCATION. ‘‘(c) USE GENERALLY.—Subject to para- unemployed workers; ‘‘(a) BONUS BIDS.—Notwithstanding section graph (d), of the funds deposited into the ‘‘(iii) the Mine Safety and Health Adminis- 1904 of this title, the Mineral Leasing Act (30 Conservation, Jobs, and Steel Reinvestment tration; U.S.C. 181 et. Seq.), or any other law, of the Trust Fund— ‘‘(iv) the Occupational Safety and Health amount of the adjusted bonus bids from oil ‘‘(1)(A) 57 percent of bonus bids in Fiscal Administration; and gas leasing and operations authorized Year 2003; ‘‘(v) employment and training administra- under this title— ‘‘(B) 48 percent of bonus bids in Fiscal Year tion programs; and ‘‘(1) 50 percent shall be paid to the State of 2005; and ‘‘(vi) other related authorized job training Alaska; ‘‘(C) 90 percent of rents, royalties and pay- and worker programs within the jurisdiction ‘‘(2) 1 percent shall be deposited into the ments for the first 30 years of production of the House and Senate Committees on Ap- Coastal Plain Local Government Impact Aid shall be available for activities described in propriations. Assistance Fund as authorized under section subsection (g). ‘‘(5)(A) $100 million in Fiscal Year 2003; 1911 of this title; and ‘‘(2)(A) 10 percent of bonus bids in Fiscal ‘‘(B) $50 million in Fiscal Year 2005; and ‘‘(3) The balance of such revenues shall be Year 2003; and ‘‘(C) 10 percent of the rents, royalties and distributed as follows: ‘‘(B) 10 percent of bonus bids in Fiscal Year payments for the first 30 years of production ‘‘(i) $10 million shall be available to the 2005 shall be deposited into the Fund established Secretary of Energy, without further appro- may be used by the Secretary of the Interior, by section 401 of the Surface Mining Control priation and without fiscal year limitation, the Secretary of Agriculture, and the Sec- and Reclamation Act of 1977 (30 U.S.C. 1231), to fill the Strategic Petroleum Reserve, in- retary of Energy to finance grants, con- and shall be available without further appro- cluding terminalling, transportation, power tracts, cooperative agreements (including priation for transfer, as needed, to the Com- and third party inspections, and to the ex- Memoranda of Understanding), and programs bined Fund identified in section 402(h)(2) of tent the Secretary of Energy determines for direct activities of the Departments of the Surface Mining Control and Reclamation that geographic dispersal of the Reserve the Interior, Energy, and Agriculture to— Act of 1977 (30 U.S.C. 1231) to pay the amount would enhance its use for national security, ‘‘(i) eliminate maintenance and improve- of any shortfall in any premium account for the Secretary of Energy shall consider add- ment backlogs on Federal lands; any plan year under the Combined Fund.’’ ing Strategic Petroleum Reserves to the ‘‘(ii) restore and protect upland and coastal In the event bonus bids received exceed the West Coast and Hawaii, consistent with cur- habitat; amounts specified in subparagraphs (1)(A) rent law; and ‘‘(iii) provide public access and necessary and (B), 2(A) and (B), 3(A) and (B), 4(A) and ‘‘(ii) the remainder of the balance shall be facilities for visitor accommodations; (B) and 5(A) and (B), 90 percent of such ex- deposited into the Conservation, Jobs, and ‘‘(iv) restore and improve historic land- cess funds shall be available for uses as de- Steel Reinvestment Trust Fund as provided marks and property; scribed in paragraph (1), and 10 percent of in section 1914. ‘‘(v) develop urban parks through the such excess funds shall be available for use ‘‘(b) RENTS AND ROYALTIES.—Notwith- Urban Park Recreation and Recovery Pro- as described in paragraph (5) of this sub- standing section 1904 of this title, the Min- gram and state and local recreation areas; section. eral Leasing Act (30 U.S.C. 181, et. seq.), or ‘‘(vi) support renewable energy programs, ‘‘(d) ASSURANCE.—The President, at his dis- any other law, of the amount of the rents expand energy efficiency programs (includ- cretion, may request that amounts available and royalties from oil and gas leasing and ing the Steel Industry of the Future pro- in any fiscal year under paragraphs (c)(2), (3), operations authorized under this title— gram), and develop alternative energy and (4) be reallocated among the qualified ‘‘(1) 50 percent shall be paid to the State of sources; and uses in paragraphs (c)(2), (c)(3), and (c)(4) Alaska; and ‘‘(vii) support other related authorized pro- through appropriations acts. ‘‘(2) 50 percent shall be deposited into the grams within the jurisdiction of the House ‘‘(e) MAXIMIZING AMERICAN EMPLOYMENT.— Conservation, Jobs, and Steel Reinvestment and Senate Committees on Appropriations. The Secretary of State is authorized to enter

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2739 into agreements with foreign countries to subparagraph (A), but only if such person cessor or successor, and any related person allow American workers to enter foreign and such other person are related persons. to such company, predecessor, or successor countries to construct, operate, and main- ‘‘(C) SUCCESSORS IN INTEREST.—The term shall be relieved of any liability for the pro- tain projects that will increase production ‘qualified steel company’ includes any suc- vision of such benefits). The United States and transportation of domestic energy re- cessor in interest of a person described in shall be treated as satisfying any liability sources and reduce America’s reliance on for- subparagraph (A) or (B). assumed under this subsection if benefits are eign oil and natural gas. ‘‘(2) STEELMAKING ASSETS AND STEEL MILL provided to eligible retirees and eligible ‘‘(f) SEVERABILITY CLAUSE.—If any provi- PRODUCTS.— beneficiaries under the retiree benefits pro- sion of this section, including subsections, ‘‘(A) STEELMAKING ASSETS.—The term gram provided in part III, and sentences, clauses, phrases, or individual ‘steelmaking assets’ means any land, build- ‘‘(3) the qualified steel company and any words, or the application thereof is held in- ing, machinery, equipment, or other fixed as- acquiring company assumes their respective valid, the validity of the remainder of the sets located in the United States which, at liability to make any contributions required section and of the application of any such any time on or after January 1, 2000, have under subsection(c), provision, subsection, sentence, clause, been used in the activities described in sub- then the United States shall assume liabil- phrase, or individual word shall not be af- paragraph (A) or (B) of paragraph (1). ity, subject to amounts available in the fected thereby.’’. ‘‘(B) STEEL MILL PRODUCT.—The term ‘steel Trust Fund and additional funds made avail- ‘‘(g) ESTABLISHMENT OF STEEL INDUSTRY mill product’ means any product defined by able in appropriations acts, for the provision RETIREE BENEFITS PROTECTION PROGRAM.— the American Iron and Steel Institute as a of steel retiree benefits for each eligible re- The Trade Act of 1974 is amended by adding steel mill product. tiree and eligible beneficiary certified for at the end the following new title: ‘‘(3) ACQUIRING COMPANY.—The term ‘ac- participation in the retiree benefits program ‘‘TITLE IX—PROTECTION FOR STEEL quiring company’ means any person which under section 913 (and the qualified steel INDUSTRY RETIREMENT BENEFITS acquired on or after January 1, 2000, company, any predecessor or successor, and steelmaking assets of a qualified steel com- any related person to such company, prede- ‘‘SUBTITLE A. Definitions. pany with respect to which a qualifying ‘‘SUBTITLE B. Steel Industry Retiree Bene- cessor, or successor shall be relieved of any event has occurred. fits Protection Program. liability for the provision of such benefits). ‘‘(c) OTHER DEFINITIONS.—For purposes of The United States shall be treated as satis- ‘‘SUBTITLE C. Conservation Jobs, and Steel this title— Reinvestment Trust Fund. fying any liability assumed under this sub- ‘‘(1) RELATED PERSON.—The term ‘related section if benefits are provided to eligible re- ‘‘Subtitle A—Definitions person’ means, with respect to any person, a tirees and eligible beneficiaries under the re- ‘‘Sec. 901. Definitions. person who— tiree benefits program provided in part III. ‘‘SEC. 901. DEFINITIONS. ‘‘(A) is a member of the same controlled ‘‘(b) REQUIRED ASSET TRANSFERS.— ‘‘(a) TERMS RELATING TO BENEFITS PRO- group of corporations (within the meaning of ‘‘(1) IN GENERAL.—The requirements of this GRAM.—For purposes of this title— section 52(a)) as such person, or subsection are met if the qualified steel com- ‘‘(1) RETIREE BENEFITS PROGRAM.—The term ‘‘(B) is under common control (within the pany and any applicable acquiring company ‘retiree benefits program’ means the Steel meaning of section 52(b)) with such person. transfer to the Trust Fund all assets, as de- Industry Retiree Benefits Protection Pro- ‘‘(2) SECRETARY.—The term ‘Secretary’ termined in accordance with rules prescribed gram established under this title to provide means the Secretary of Commerce. by the Secretary, which, under the terms of medical and death benefits to eligible retir- ‘‘(3) TRUST FUND.—The term ‘Trust Fund’ an applicable collective bargaining agree- ees and beneficiaries. means the Conservation, Jobs, and Steel Re- ment, were required to be set aside under an investment Trust Fund established under ‘‘(2) STEEL RETIREE BENEFITS.— employee benefit plan or otherwise for the ‘‘(A) IN GENERAL.—The term ‘steel retiree section 1914 of the Energy Policy Act of 2002. provision of the steel retiree benefits the li- benefits’ means medical, surgical, or hos- ‘‘Subtitle B—Steel Industry Retiree Benefits ability for which (determined without regard pital benefits, and death benefits, whether Protection Program to this subsection) is relieved by operation of furnished through insurance or otherwise, ‘‘I. Establishment. subsection (a). The assets required to be which are provided to retirees and eligible ‘‘II. Relief and assumption of liability, eligi- transferred shall not include voluntary con- beneficiaries in accordance with an employee bility, and certification. tributions, including voluntary contribu- benefit plan (within the meaning of section ‘‘III. Program benefits. tions made pursuant to a voluntary employ- 3(3) of the Employee Retirement Income Se- ‘‘PART I—ESTABLISHMENT ees beneficiary association trust, which are curity Act of 1974) which— in excess of the contributions described in ‘‘Sec. 902. Establishment. ‘‘(i) is established or maintained by a the preceding sentence. qualified steel company or an applicable ac- ‘‘SEC. 902. ESTABLISHMENT. ‘‘(2) DETERMINATION.—The amount of the quiring company, and ‘‘There is established a Steel Industry Re- assets to be transferred under paragraph (1) ‘‘(ii) is in effect on or after January 1, 2000. tiree Benefits Protection program to be ad- shall be determined at the time of the cer- ministered by the Secretary and the Board of Such term includes benefits provided under a tification under section 912 and shall include Trustees for the amounts of the Trust Fund plan without regard to whether the plan is interest from the time of the determination described in section 1914(c)(1) of the Energy established or maintained pursuant to a col- to the time of transfer. Such amount shall be Policy Act of 2002 and this title in accord- lective bargaining agreement. reduced by any payments from such assets ance with the provisions of this title for the ‘‘(B) RETIREE.— which are made after the determination by purpose of providing medical and death bene- ‘‘(i) IN GENERAL.—The term ‘retiree’ means the qualified steel company or applicable ac- fits to eligible retirees and eligible bene- an individual who has met any years of serv- quiring company for the provision of steel ficiaries certified as participants in the pro- ice or disability requirements under an em- retiree benefits for which such assets were gram under part II. ployee benefit plan described in subpara- set aside and the liability for which (deter- graph (A) which are necessary to receive ‘‘PART II—RELIEF AND ASSUMPTION OF mined without regard to this subsection) is steel retiree benefits under the plan. LIABILITY, ELIGIBILITY, AND CERTIFI- relieved by operation of subsection (a). ‘‘(ii) CERTAIN RETIREES INCLUDED.—An indi- CATION ‘‘(c) CONTRIBUTION REQUIREMENTS.— vidual shall not fail to be treated as a retiree ‘‘Sec. 911. Relief and assumption of liability. ‘‘(1) CONTRIBUTIONS BASED ON OWNERSHIP OF because the individual— ‘‘Sec. 912. Qualifying events. STEELMAKING ASSETS.— ‘‘(I) retired before January 1, 2000, or ‘‘Sec. 913. Eligibility and certification of eli- ‘‘(A) IN GENERAL.—If there is a qualifying ‘‘(II) was not employed at the steelmaking gibility. event certified under section 912 with respect assets of a qualified steel company. ‘‘SEC. 911. RELIEF AND ASSUMPTION OF LIABIL- to a qualified steel company— ‘‘(b) TERMS RELATING TO STEEL COMPA- ITY. ‘‘(i) the qualified steel company shall as- NIES.—For purposes of this title— ‘‘(a) IN GENERAL.—If— sume the obligation to pay, and ‘‘(1) QUALIFIED STEEL COMPANY.— ‘‘(1) the Secretary certifies under section ‘‘(ii) if the qualified steel company trans- ‘‘(A) IN GENERAL.—The term ‘qualified 912 that there was a qualifying event with re- ferred on or after January 1, 2000, any of its steel company’ means any person which on spect to a qualified steel company, steelmaking assets, the qualified steel com- January 1, 2000, was engaged in— ‘‘(2) the asset transfer requirements of sub- pany and any acquiring company acquiring ‘‘(i) the production or manufacture of a section (b) and the contribution require- such assets as part of a qualifying event steel mill product, ments of subsection (c) are met with respect shall assume the obligation to pay, ‘‘(ii) the mining or processing of iron ore or to the qualifying event, then the United to the Trust Fund for each of the years in beneficiated iron ore products, or States shall assume liability, subject to the period beginning on the date of the quali- ‘‘(iii) the production of coke for use in a amounts available in the Trust Fund and ad- fying event its ratable share of the amount steel mill product. ditional funds made available in appropria- determined under subparagraph (B) with re- ‘‘(B) TRANSPORTATION.—The term ‘qualified tions acts, for the provision of steel retiree spect to the steelmaking assets owned by steel company’ includes any person which on benefits for each eligible retiree and eligible such company or person. January 1, 2000, was engaged in the transpor- beneficiary certified for participation in the ‘‘(B) AMOUNT OF LIABILITY.— tation of any steel mill product solely or retiree benefits program under section 913 ‘‘(i) IN GENERAL.—The amount required to principally for another person described in (and the qualified steel company, any prede- be paid under subparagraph (A) for any year

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2740 CONGRESSIONAL RECORD — SENATE April 16, 2002 shall be equal to $6 per ton of products de- under this subsection, including the payment its steelmaking assets acquired in a qualified scribed in section 901(b)(1)(A) attributable to of interest. acquisition. the steelmaking assets which are subject to SEC. 912. QUALIFYING EVENTS. ‘‘(B) GOOD FAITH EFFORT.—A continuing, the qualifying event. If 2 or more persons ‘‘(a) IN GENERAL.—For purposes of this good faith effort under subparagraph (A)(ii) own steelmaking capacity or assets, the li- title, the term ‘qualifying event’ means shall include— ability under this clause shall be allocated any— ‘‘(i) the active marketing of a company’s ratably on the basis of their respective own- ‘‘(1) qualified acquisition, steelmaking assets through the retention of ership interests. The determination under ‘‘(2) qualified closing, an investment banker, the preparation and this clause for any year shall be made on the ‘‘(3) qualified election, and distribution of offering materials to prospec- basis of shipments during the calendar year ‘‘(4) qualified bankruptcy transfer. tive purchasers, allowing due diligence and preceding the calendar year in which such ‘‘(b) QUALIFIED ACQUISITION.—For purposes investigatory activities by prospective pur- year begins. In the event the cost of the pro- of this title, the term ‘qualified acquisition’ chasers, the active and good faith consider- gram is reduced the amount paid by qualified means any arms’-length transaction or series ation of all expressions of interest by pro- steel companies per ton of products de- of related transactions— spective purchasers, and any other affirma- scribed in 901(b)(1)(A) shall be reduced by the ‘‘(1) under which a person (whether or not tive action designed to result in a qualified same percentage. a qualified steel company) acquires by pur- acquisition of a company’s steelmaking as- ‘‘(ii) REDUCTIONS IN LIABILITY.—The chase, merger, stock acquisition, or other- sets, and amount of any liability under clause (i) for wise all or substantially all of the ‘‘(ii) a demonstration to the Secretary by any year shall be reduced by the amount of steelmaking assets held by the qualified the company that no bona fide and fair offer any assets transferred to the Trust Fund steel company as of January 1, 2000, and which would have resulted in a qualified ac- under subsection (b), reduced by any portion ‘‘(2) which occur on and after January 1, quisition of the company’s steelmaking as- of such amount applied to a liability for any 2000, and before the date which is 2 years sets has been unreasonably refused. ‘‘(d) QUALIFIED ELECTION.—For purposes of preceding year. If 2 or more persons are lia- after the date of the enactment of this title. this title— ble under subparagraph (A) with respect to Such term shall not include any acquisi- ‘‘(1) IN GENERAL.—The term ‘qualified elec- any qualifying event, the reduction under tion by a related person. tion’ means an election by a qualified steel clause (i) shall be allocated ratably among ‘‘(c) QUALIFIED CLOSING.—For purposes of company operating under the protection of such persons on the basis of their respective this title— chapter 11 or 7 of title 11, United States liabilities or in such other manner as such ‘‘(1) IN GENERAL.—The term ‘qualified clos- Code, meeting the acquisition effort require- persons may agree. ing’ means— ments of subsection (c)(3) to transfer its obli- ‘‘(2) FASB LIABILITY IN CASE OF CERTAIN ‘‘(A) the permanent cessation on or after gations for steel retiree benefits to the re- QUALIFYING EVENTS.— January 1, 2000, and before January 1, 2004, ‘‘(A) IN GENERAL.—If there is a qualifying tiree benefit program. Such an election shall by a qualified steel company operating under event (other than a qualified acquisition) be made not earlier than the date which is 2 the protection of chapter 11 or 7 of title 11, with respect to a qualified steel company, years after the date of the enactment of this United States Code, of all activities de- then, subject to the provisions of subpara- title, and in such manner as the Secretary scribed in subparagraph (A) or (B) of para- graphs (C) and (D), the qualified steel com- may prescribe. graph (1) of section 901(b), or pany shall be liable for payment to the Trust ‘‘(2) INDUSTRY-WIDE ELECTION.—Notwith- ‘‘(B) the transfer on or after January 1, Fund of the amount determined under sub- standing paragraph (1), a qualified election 2000, and before January 1, 2004, by a quali- paragraph (B). If a qualified acquisition oc- shall be treated as having occurred with re- fied steel company operating under the pro- curs after another qualifying event, such spect to a qualified steel company (whether tection of chapter 11 or 7 of title 11, United other qualifying event shall be disregarded or not operating under the protection of States Code, of all or substantially all of its for purposes of this paragraph. chapter 11 or 7 of title 11, United States steelmaking assets to 1 or more persons ‘‘(B) AMOUNT OF LIABILITY.—The amount Code) if— other than related persons in an arms’- determined under this subparagraph shall be ‘‘(A) the Secretary determines that at length transaction or series of related trans- equal to the excess (if any) of— least 200,000 eligible retirees and bene- actions which do not constitute a qualified ‘‘(i) the amount determined under the Fi- ficiaries have been certified under section 913 acquisition. nancial Accounting Standards Board Rule for participation in the retiree benefits pro- ‘‘(2) COMPANIES IN IMMINENT DANGER OF CLO- 106 as being equal to the present value of the gram, and SURE.—A qualified closing of a qualified steel steel retiree benefits of eligible retirees and ‘‘(B) the qualified steel company elects to company operating under the protection of beneficiaries of the qualified steel company avail itself of the relief provided under this chapter 11 or 7 of title 11, United States the liability for which (determined without title on or after the date of the determina- Code, shall be treated as having occurred if regard to any modification pursuant to sec- tion under subparagraph (A). the company— tion 1114 of title 11, United States Code) is ‘‘(e) QUALIFIED BANKRUPTCY TRANSFER.— ‘‘(A) meets the acquisition effort require- relieved under subsection (a), over For purposes of this title, the term ‘qualified ‘‘(ii) the sum of— ments of paragraph (3), bankruptcy transfer’ means any transaction ‘‘(I) the value of the assets transferred ‘‘(B) establishes to the satisfaction of the or series of transactions— under subsection (b) with respect to the re- Secretary that— ‘‘(1) under which the qualified steel com- tirees and beneficiaries, and ‘‘(i) it is in imminent danger of becoming a pany, operating under the protection of ‘‘(II) the present value of any payments closed company, or chapter 11 or 7 of title 11, United States (other than payments determined under this ‘‘(ii) in the case of a company operating Code, transfers by any means (including but subparagraph) to be made under this sub- under protection of chapter 11 of title 11, not limited to a plan of reorganization) its section with respect to steelmaking assets of United States Code, it is unable to reorga- control over at least 30 percent of the pro- the qualified steel company. nize without the relief provided under this duction capacity of its steelmaking assets to ‘‘(C) DISCHARGES IN BANKRUPTCY.—The title, and 1 or more persons which are not related per- amount of any liability under subparagraph ‘‘(C) elects, in such manner as the Sec- sons of such company, (B) shall be reduced by the portion of such li- retary prescribes, at any time after the date ‘‘(2) which are not part of a qualified acqui- ability which, in accordance with the provi- of the enactment of this title and before the sition or qualified closing of a qualified steel sions of title 11, United States Code, is dis- date which is 2 years after the date of the en- company, and charged in any bankruptcy proceeding. actment of this title, to avail itself of the re- ‘‘(3) which occur on and after January 1, ‘‘(D) NO LIABILITY IF INDUSTRY-WIDE ELEC- lief provided under this title. 2000, and before January 1, 2004. TION MADE.—If a qualifying event occurs by ‘‘(3) ACQUISITION EFFORT REQUIREMENTS.— ‘‘(f) CERTIFICATION.— reason of a qualified election under section ‘‘(A) IN GENERAL.—The requirements of ‘‘(1) IN GENERAL.—The Secretary shall cer- 912(d)(2)(B), then— this paragraph are met by a qualified steel tify a qualifying event with respect to a ‘‘(i) any liability that arose under this company if— qualified steel company if the Secretary de- paragraph for any qualifying event occurring ‘‘(i) the company files with the Secretary termines that the requirements of this title before such election is extinguished (and any within 10 days of the date of the enactment are met with respect to such event and that payment of such liability shall be refunded of this title— the asset transfer and contribution require- from the Trust Fund with interest), and ‘‘(I) a notice of intent to be acquired, and ments of section 911 will be met. ‘‘(ii) this paragraph shall not apply to the ‘‘(II) a description of the actions the com- ‘‘(2) TIME FOR DECISION.—The Secretary qualifying event occurring by reason of such pany will undertake to have its steelmaking shall make any determination under this election or any subsequent qualifying event. assets acquired in a qualified acquisition, subsection as soon as possible after a request ‘‘(3) JOINT AND SEVERAL LIABILITY.—Any re- and is filed (and in the case of a request for cer- lated person of any person liable for any pay- ‘‘(ii) the company at all times after the fil- tification as a qualified acquisition filed at ment under this subsection shall be jointly ing under clause (i) and the date which is 2 least 60 days before the proposed date of the and severally liable for the payment. years after the date of the enactment of this acquisition, before such proposed date). ‘‘(4) TIME AND MANNER OF PAYMENT.—The title (or, if earlier, the date on which the re- ‘‘(3) ELIGIBILITY TO FILE REQUEST.—A re- Secretary shall establish the time and man- quirement of paragraph (2)(B) is satisfied) quest for certification under this subsection ner of any payment required to be made makes a continuing, good faith effort to have may be made by the qualified steel company

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2741 or any labor organization acting on behalf of benefits under such program, the secondary ‘‘(B) 2 individuals designated by the United retirees of such company. payer provisions and the provisions relating Steelworkers of America in consultation ‘‘SEC. 913. ELIGIBILITY AND CERTIFICATION. to benefits provided when an individual is el- with the Independent Steelworkers Union, ‘‘(a) RETIREES.— igible for benefits under the medicare pro- and ‘‘(1) IN GENERAL.—Any individual who is a gram under title XVIII of the Social Secu- ‘‘(C) 3 individuals designated by individ- retiree of a qualified steel company with re- rity Act that are applicable under such Plan uals designated under subparagraphs (A) and spect to which the Secretary has certified shall apply in the same manner as such pro- (B). under section 912 that a qualifying event has visions apply to Federal employees and an- ‘‘(2) DUTIES.—Except for those duties and occurred shall be treated as an eligible re- nuitants under such Plan. responsibilities designated to the Secretary, tiree for purposes of this title if— ‘‘(2) CONTRACTING AUTHORITY.—The Board the Board of Trustees shall have the respon- ‘‘(A) the individual was receiving steel re- of Trustees shall have the authority to enter sibility to administer the amounts in the tiree benefits under an employee benefit plan into such contracts as are necessary to carry Trust Fund described in section 1914(c)(1) of described in section 901(a)(2)(A) as of the out the provisions of this subsection, includ- the Energy Policy Act of 2002 and this sec- date of the qualifying event, or ing contracts necessary to ensure adequate tion and the retiree benefits program, in- ‘‘(B) the individual was eligible to receive geographic coverage and cost control. The cluding— such benefits on such date but was not re- Board of Trustees may use the authority ‘‘(A) enrolling eligible retirees and bene- ceiving such benefits because the plan ceased under this subsection to establish preferred ficiaries under the program, to provide such benefits. provider organizations or other alternative ‘‘(B) procuring the medical services to be ‘‘(2) CERTAIN INDIVIDUALS INCLUDED.—An delivery systems. provided under the program, individual shall be treated as an eligible re- ‘‘(3) PREMIUMS, DEDUCTIBLES, AND COST ‘‘(C) entering into contracts, leases, or tiree under paragraph (1) if the individual— SHARING.—The Board of Trustees of the Trust other arrangements necessary for the imple- ‘‘(A) was an employee of the qualified steel 15 Fund shall establish premiums, mentation of the program, company before a qualified acquisition, deductibles, and cost sharing for eligible re- ‘‘(D) implementing cost-containment ‘‘(B) became an employee of the acquiring tirees and beneficiaries provided health care measures under the program, company as a result of the acquisition, and benefits coverage under paragraph (1) which ‘‘(E) collecting revenues and enforcing ‘‘(C) voluntarily retires within 3 years of are substantially the same as those required claims and rights of the program, the acquisition. under the Blue Cross/Blue Shield Standard ‘‘(F) making disbursements as necessary under the program, and ‘‘(b) BENEFICIARIES.—An individual shall be Plan described in paragraph (1). treated as an eligible beneficiary for pur- ‘‘(G) acquiring and maintaining such ‘‘Subtitle C.—Conservation, Jobs, and Steel records as may be necessary for the adminis- poses of this title if the individual is the Reinvestment Trust Fund spouse, surviving spouse, or dependent of an tration and implementation of the program. eligible retiree (or an individual who would ‘‘SEC. 931. CONSERVATION, JOBS AND STEEL RE- ‘‘(3) REPORT.—The Board of Trustees report INVESTMENT TRUST FUND. have been an eligible retiree but for the indi- to Congress each year on the financial condi- ‘‘(a) TRANSFERS TO THE CONSERVATION, JOBS vidual’s death before the date of the quali- tion and the results of the operations of the AND STEEL REINVESTMENT TRUST FUND.— fying event). retiree benefits program during the pre- ‘‘(1) IN GENERAL.—There are appropriated ceding fiscal year and on its expected condi- ‘‘(c) CERTIFICATION OF ELIGIBLE RETIREES to the Trust Fund established in section 1914 tion and operations during the next 2 fiscal AND BENEFICIARIES.— of the Energy Policy Act of 2002 amounts ‘‘(1) IN GENERAL.—The Board of Trustees years. Such report shall be printed as a shall certify an individual as an eligible re- equivalent to— House document of the session of Congress to tiree or eligible beneficiary if the individual ‘‘(A) tariffs on steel mill products received which the report is made. meets the requirements of this section. in the Treasury under title II of this Act, ‘‘(d) TRANSFER INVESTMENT OF ASSETS.— ‘‘(2) ELIGIBILITY TO FILE REQUEST.—A re- ‘‘(B) amounts received in the Treasury Sections 9601 and 9602(b) of the Internal Rev- quest for certification under this subsection from asset transfers and contributions under enue Code of 1986 shall apply to the amounts may be filed by any individual seeking to be section 911, in the Trust Fund described in section certified under this subsection, the qualified ‘‘(C) amounts credited to the Trust Fund 1914(c)(1) of the Energy Policy Act of 2002 steel company, an acquiring company, a under section 9602(b) of the Internal Revenue and in this section.’’. labor organization acting on behalf of retir- Code of 1986, ees of such company, or a committee ap- ‘‘(D) the premiums paid by retirees under SA 3134. Mr. REID (for Mr. KENNEDY pointed under section 1114 of title 11, United the program; and (for himself, Mr. JEFFORDS, Mr. FRIST, States Code. ‘‘(E) bonus bids and rents, royalties and Mr. BINGAMAN, Mr. ROBERTS, Mr. HAR- payments from the production of oil depos- ‘‘(d) RECORDS.—A qualified steel company, KIN, Mr. BOND, Mr. DASCHLE, Ms. COL- ited pursuant to section 1914(b) and (c)(1) of an acquiring company, and any successor in LINS, Mr. WELLSTONE, Mr. ENZI, Mrs. the Energy Policy Act of 2002. interest shall on and after the date of the en- URRAY UTCHINSON IKUL ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— M , Mr. H , Ms. M - actment of this title maintain and make SKI, Mr. DODD, Mr. REED, Mr. EDWARDS, available to the Secretary and the Board of There is authorized to be appropriated to the and Mrs. CLINTON)) proposed an amend- Trustees, all records, documents, and mate- Trust Fund each fiscal year an amount equal rials (including computer programs) nec- to the excess (if any) of—C ment to the bill S. 1533, to amend the essary to make the certifications under this ‘‘(A) expenditures from the amounts in the Public Health Service Act to reauthor- section. Trust Fund for the fiscal year, over ize and strengthen the health centers ‘‘(B) the assets of the Trust Fund for the PART III—PROGRAM BENEFITS program and the National Health Serv- fiscal year without regard to this paragraph. ice Corps, and to establish the Healthy ‘‘Sec. 921. Program benefits. ‘‘(b) EXPENDITURES.—Amounts in the Trust ‘‘SEC. 921. PROGRAM BENEFITS. Fund described in section 1914(c)(1) of the Communities Access Program, which ‘‘(a) GENERAL RULE.—Each eligible retiree Energy Policy Act of 2002 and this section will help coordinate services for the and eligible beneficiary who is certified for shall be available only for purposes of mak- uninsured and underinsured, and for participation in the retiree benefits program ing expenditures— other purposes; as follows: shall be entitled subject only to amounts ‘‘(1) to meet the obligations of the United Strike all after the enacting clause and in- available in the Trust Fund and additional States with respect to liability for steel re- sert the following: funds made available in appropriations tiree benefits transferred to the United SECTION 1. SHORT TITLE; TABLE OF CONTENTS. States under this title, and acts— (a) SHORT TITLE.—This Act may be cited as ‘‘(1) to receive health care benefits cov- ‘‘(2) incurred by the Secretary and the the ‘‘Health Care Safety Net Amendments of erage described in subsection (b), and Board of Trustees in the administration of 2001’’. ‘‘(2) in the case of an eligible retiree, pay- this title. (b) TABLE OF CONTENTS.—The table of con- ment of $5,000 death benefits coverage to the ‘‘(c) BOARD OF TRUSTEES.— tents for this Act is as follows: beneficiary of the retiree upon the retiree’s ‘‘(1) IN GENERAL.—Amounts in the Trust Sec. 1. Short title; table of contents. death. Fund described in section 1914(c)(1) of the ‘‘(b) HEALTH CARE BENEFITS COVERAGE.— Energy Policy Act of 2002 and this section TITLE I—CONSOLIDATED HEALTH ‘‘(1) IN GENERAL.—The Board of Trustees and the retiree benefits program shall be ad- CENTER PROGRAM AMENDMENTS shall establish health care benefits coverage ministered by a Board of Trustees, con- Sec. 101. Health centers. under which eligible retirees and bene- sisting of— TITLE II—RURAL HEALTH ficiaries are provided benefits for health care ‘‘(A) 2 individuals designated by agreement Subtitle A—Rural Health Care Services Out- items and services that are substantially the of the 5 qualified steel companies which, as reach, Rural Health Network Development, same as the benefits offered as of January 1, of the date of the enactment of this title— and Small Health Care Provider Quality 2002, under the Blue Cross/Blue Shield Stand- ‘‘(i) are conducting activities described in Improvement Grant Programs ard Plan provided under the Federal Employ- subparagraph (A) or (B) of section 901(b)(1), ees Health Benefit Program under chapter 89 and Sec. 201. Grant programs. of title 5, United States Code, to Federal em- ‘‘(ii) have the largest number of retirees, Subtitle B—Telehealth Grant Consolidation ployees and annuitants. In providing the and Sec. 211. Short title.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0655 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2742 CONGRESSIONAL RECORD — SENATE April 16, 2002 Sec. 212. Consolidation and reauthorization ‘‘(A) behavioral and mental health and sub- loans to health centers under this subsection of provisions. stance abuse services; (as in effect on the day before the date of en- Subtitle C—Mental Health Services Tele- ‘‘(B) recuperative care services; actment of the Health Care Safety Net health Program and Rural Emergency ‘‘(C) public health services;’’; Amendments of 2001), and which have not Medical Service Training and Equipment (D) in subparagraph (B)— been expended. Assistance Program (i) in the heading, by striking ‘‘COM- ‘‘(E) PROVISION DIRECTLY TO NETWORKS OR PREHENSIVE SERVICE DELIVERY’’ and inserting PLANS.—At the request of health centers re- Sec. 221. Programs. ‘‘MANAGED CARE’’; ceiving assistance under this section, loan Subtitle D—School-Based Health Center (ii) in the matter preceding clause (i), by guarantees provided under this paragraph Networks striking ‘‘network or plan’’ and all that fol- may be made directly to networks or plans Sec. 231. Networks. lows to the period and inserting ‘‘managed that are at least majority controlled and, as TITLE III—NATIONAL HEALTH SERVICE care network or plan.’’; and applicable, at least majority owned by those CORPS PROGRAM (iii) in the matter following clause (ii), by health centers. Sec. 301. National Health Service Corps. striking ‘‘Any such grant may include’’ and ‘‘(F) FEDERAL CREDIT REFORM.—The re- Sec. 302. Designation of health professional all that follows through the period; and quirements of the Federal Credit Reform Act shortage areas. (E) by adding at the end the following: of 1990 (2 U.S.C. 661 et seq.) shall apply with Sec. 303. Assignment of corps personnel. ‘‘(C) PRACTICE MANAGEMENT NETWORKS.— respect to loans refinanced under subpara- Sec. 304. Priorities in assignment of corps The Secretary may make grants to health graph (B)(iii).’’; and personnel. centers that receive assistance under this (C)(i) by striking paragraphs (6) and (7); Sec. 305. Cost-sharing. section to enable the centers to plan and de- and Sec. 306. Eligibility for Federal funds. velop practice management networks that (ii) by redesignating paragraph (8) as para- Sec. 307. Facilitation of effective provision will enable the centers to— graph (6); of corps services. ‘‘(i) reduce costs associated with the provi- (4) in subsection (e)— Sec. 308. Authorization of appropriations. sion of health care services; (A) in paragraph (1)— Sec. 309. National Health Service Corps ‘‘(ii) improve access to, and availability of, (i) in subparagraph (B), by striking ‘‘sub- Scholarship Program. health care services provided to individuals section (j)(3)’’ and inserting ‘‘subsection Sec. 310. National Health Service Corps served by the centers; (l)(3)’’; and Loan Repayment Program. ‘‘(iii) enhance the quality and coordination (ii) by adding at the end the following: Sec. 311. Obligated service. of health care services; or ‘‘(C) OPERATION OF NETWORKS AND PLANS.— Sec. 312. Private practice. ‘‘(iv) improve the health status of commu- The Secretary may make grants to health Sec. 313. Breach of scholarship contract or nities. centers that receive assistance under this loan repayment contract. ‘‘(D) USE OF FUNDS.—The activities for section, or at the request of the health cen- Sec. 314. Authorization of appropriations. which a grant may be made under subpara- ters, directly to a network or plan (as de- Sec. 315. Grants to States for loan repay- graph (B) or (C) may include the purchase or scribed in subparagraphs (B) and (C) of sub- ment programs. lease of equipment, which may include data section (c)(1)) that is at least majority con- Sec. 316. Demonstration grants to States for and information systems (including paying trolled and, as applicable, at least majority community scholarship pro- for the costs of amortizing the principal of, owned by such health centers receiving as- grams. and paying the interest on, loans for equip- sistance under this section, for the costs as- Sec. 317. Demonstration project. ment), the provision of training and tech- sociated with the operation of such network TITLE IV—HEALTHY COMMUNITIES nical assistance related to the provision of or plan, including the purchase or lease of ACCESS PROGRAM ACT health care services on a prepaid basis or equipment (including the costs of amortizing Sec. 401. Purpose. under another managed care arrangement, the principal of, and paying the interest on, Sec. 402. Creation of Healthy Communities and other activities that promote the devel- loans for equipment).’’; Access Program. opment of practice management or managed (B) in paragraph (2) by adding at the end Sec. 403. Expanding availability of dental care networks and plans.’’; the following: ‘‘The costs for which a grant services. (3) in subsection (d)— may be made under paragraph (1)(C) may in- TITLE V—RURAL HEALTH CLINICS (A) by striking the subsection heading and clude the costs of providing such training.’’; inserting ‘‘LOAN GUARANTEE PROGRAM.—’’; (C) in paragraph (5)— Sec. 501. Exemptions for rural health clinics. (B) in paragraph (1)— (i) in subparagraph (A), by inserting ‘‘sub- TITLE VI—STUDY (i) in subparagraph (A), by striking ‘‘the paragraphs (A) and (B) of’’ after ‘‘any fiscal Sec. 601. Guarantee study. principal and interest on loans’’ and all that year under’’; TITLE VII—CONFORMING AMENDMENTS follows through the period and inserting ‘‘up (ii) by redesignating subparagraphs (B) and Sec. 701. Conforming amendments. to 90 percent of the principal and interest on (C) as subparagraphs (C) and (D), respec- loans made by non-Federal lenders to health tively; and TITLE I—CONSOLIDATED HEALTH centers, funded under this section, for the (iii) by inserting after subparagraph (A) CENTER PROGRAM AMENDMENTS costs of developing and operating managed the following: SEC. 101. HEALTH CENTERS. care networks or plans described in sub- ‘‘(B) NETWORKS AND PLANS.—The total Section 330 of the Public Health Service section (c)(1)(B), or practice management amount of grant funds made available for Act (42 U.S.C. 254b) is amended— networks described in subsection (c)(1)(C).’’; any fiscal year under paragraph (1)(C) and (1) in subsection (b)(1)(A)— (ii) in subparagraph (B)— subparagraphs (B) and (C) of subsection (c)(1) (A) in clause (i)(III)(bb), by striking (I) in clause (i), by striking ‘‘or’’; to a health center or to a network or plan ‘‘screening for breast and cervical cancer’’ (II) in clause (ii), by striking the period shall be determined by the Secretary, but and inserting ‘‘appropriate cancer screen- and inserting ‘‘; or’’; and may not exceed 2 percent of the total ing’’; (III) by adding at the end the following: amount appropriated under this section for (B) in clause (ii), by inserting ‘‘(including ‘‘(iii) to refinance an existing loan (as of such fiscal year.’’; and specialty referral when medically indi- the date of refinancing) to the center or cen- (D) by redesignating paragraphs (4) and (5) cated)’’ after ‘‘medical services’’; and ters, if the Secretary determines such refi- as paragraphs (3) and (4), respectively; (C) in clause (iii), by inserting ‘‘housing,’’ nancing will be beneficial to the health cen- (5) in subsection (g)— after ‘‘social,’’; ter and the Federal Government and will re- (A) in paragraph (2)— (2) in subsection (b)(2)— sult in more favorable terms.’’; and (i) in subparagraph (A), by inserting ‘‘and (A) in subparagraph (A)— (iii) by adding at the end the following: seasonal agricultural worker’’ after ‘‘agricul- (i) in clause (vi), by striking ‘‘and’’; ‘‘(D) LOAN GUARANTEES.—Notwithstanding tural worker’’; and (ii) by redesignating clause (vii) as clause any other provision of law, the following (ii) in subparagraph (B), by striking ‘‘and (x); and funds shall be made available until expended members of their families’’ and inserting (iii) by inserting after clause (vi) the fol- for loan guarantees under this subsection: ‘‘and seasonal agricultural workers, and lowing: ‘‘(i) Funds appropriated for fiscal year 1997 members of their families,’’; and ‘‘(vii) the detection and alleviation of under the Departments of Labor, Health and (B) in paragraph (3)(A), by striking ‘‘on a chemical and pesticide exposures; Human Services, and Education, and Related seasonal basis’’; ‘‘(viii) the promotion of indoor and outdoor Agencies Appropriations Act, 1997, which (6) in subsection (h)— air quality; were made available for loan guarantees for (A) in paragraph (1), by striking ‘‘homeless ‘‘(ix) the detection and remediation of lead loans to health centers for the costs of devel- children and children at risk of homeless- exposures; and’’; oping and operating managed care networks ness’’ and inserting ‘‘homeless children and (B) by redesignating subparagraphs (A) and or plans, and which have not been expended. youth and children and youth at risk of (B) as subparagraphs (D) and (E), respec- ‘‘(ii) Funds appropriated for fiscal year 1998 homelessness’’; tively; under the Departments of Labor, Health and (B)(i) by redesignating paragraph (4) as (C) by inserting before subparagraph (D) Human Services, and Education, and Related paragraph (5); and (as redesignated by subparagraph (B)) the Agencies Appropriations Act, 1998, which (ii) by inserting after paragraph (3) the fol- following: were made available for loan guarantees for lowing:

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‘‘(4) TEMPORARY CONTINUED PROVISION OF ‘‘(2) ELIGIBLE HEALTH CENTER.—In this sub- (I) by striking ‘‘(j)(3))’’ and inserting SERVICES TO CERTAIN FORMER HOMELESS INDI- section, the term ‘eligible health center’ ‘‘(l)(3))’’; and VIDUALS.—If any grantee under this sub- means an entity that— (II) by striking ‘‘(j)(3)(G)(ii)’’ and inserting section has provided services described in ‘‘(A) is a health center as defined under ‘‘(l)(3)(H)’’; and this section under the grant to a homeless subsection (a); and (ii) by striking subparagraph (B) and in- individual, such grantee may, notwith- ‘‘(B) provides health care services for cli- serting the following: standing that the individual is no longer ents for whom English is a second language. ‘‘(B) DISTRIBUTION OF GRANTS.—For fiscal homeless as a result of becoming a resident ‘‘(3) GRANT AMOUNT.—The amount of a year 2002 and each of the following fiscal in permanent housing, expend the grant to grant awarded to a center under this sub- years, the Secretary, in awarding grants continue to provide such services to the indi- section shall be determined by the Adminis- under this section, shall ensure that the pro- vidual for not more than 12 months.’’; and trator. Such determination of such amount portion of the amount made available under (C) in paragraph (5)(C) (as redesignated by shall be based on the number of clients for each of subsections (g), (h), and (i), relative subparagraph (B)), by striking ‘‘and residen- whom English is a second language that is to the total amount appropriated to carry tial treatment’’ and inserting ‘‘, risk reduc- served by such center, and larger grant out this section for that fiscal year, is equal tion, outpatient treatment, residential treat- amounts shall be awarded to centers serving to the proportion of the amount made avail- ment, and rehabilitation’’; larger numbers of such clients. able under that subsection for fiscal year (7) in subsection (j)(3)— ‘‘(4) USE OF FUNDS.—An eligible health cen- 2001, relative to the total amount appro- (A) in subparagraph (E)— ter that receives a grant under this sub- priated to carry out this section for fiscal (i) in clause (i)— section may use funds received through such year 2001.’’. (I) by striking ‘‘(i)’’ and inserting ‘‘(i)(I)’’; grant to— TITLE II—RURAL HEALTH (II) by striking ‘‘plan; or’’ and inserting ‘‘(A) provide translation, interpretation, Subtitle A—Rural Health Care Services Out- ‘‘plan; and’’; and and other such services for clients for whom reach, Rural Health Network Development, (III) by adding at the end the following: English is a second language, including hir- and Small Health Care Provider Quality ‘‘(II) has or will have a contractual or ing professional translation and interpreta- Improvement Grant Programs other arrangement with the State agency ad- tion services; and ministering the program under title XXI of ‘‘(B) compensate bilingual or multilingual SEC. 201. GRANT PROGRAMS. such Act (42 U.S.C. 1397aa et seq.) with re- staff for language assistance services pro- Section 330A of the Public Health Service spect to individuals who are State children’s vided by the staff for such clients. Act (42 U.S.C. 254c) is amended to read as fol- health insurance program beneficiaries; or’’; ‘‘(5) APPLICATION.—An eligible health cen- lows: and ter desiring a grant under this subsection ‘‘SEC. 330A. RURAL HEALTH CARE SERVICES OUT- (ii) by striking clause (ii) and inserting the shall submit an application to the Secretary REACH, RURAL HEALTH NETWORK following: at such time, in such manner, and con- DEVELOPMENT, AND SMALL HEALTH CARE PROVIDER QUALITY IMPROVE- ‘‘(ii) has made or will make every reason- taining such information as the Secretary MENT GRANT PROGRAMS. able effort to enter into arrangements de- may reasonably require, including— ‘‘(a) PURPOSE.—The purpose of this section scribed in subclauses (I) and (II) of clause ‘‘(A) an estimate of the number of clients is to provide grants for expanded delivery of (i);’’; that the center serves for whom English is a health care services in rural areas, for the (B) in subparagraph (G)— second language; planning and implementation of integrated (i) in clause (ii)(II), by striking ‘‘; and’’ and ‘‘(B) the ratio of the number of clients for health care networks in rural areas, and for inserting ‘‘;’’; whom English is a second language to the the planning and implementation of small (ii) by redesignating clause (iii) as clause total number of clients served by the center; health care provider quality improvement (iv); and and activities. (iii) by inserting after clause (ii) the fol- ‘‘(C) a description of any language assist- ‘‘(b) DEFINITIONS.— lowing: ance services that the center proposes to ‘‘(1) DIRECTOR.—The term ‘Director’ means ‘‘(iii)(I) will assure that no patient will be provide to aid clients for whom English is a the Director specified in subsection (d). denied health care services due to an individ- second language. ‘‘(2) FEDERALLY QUALIFIED HEALTH CENTER; ual’s inability to pay for such services; and ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— RURAL HEALTH CLINIC.—The terms ‘Federally ‘‘(II) will assure that any fees or payments There are authorized to be appropriated to qualified health center’ and ‘rural health required by the center for such services will carry out this subsection, in addition to any clinic’ have the meanings given the terms in be reduced or waived to enable the center to funds authorized to be appropriated or appro- section 1861(aa) of the Social Security Act fulfill the assurance described in subclause priated for health centers under any other (42 U.S.C. 1395x(aa)). (I); and’’; and subsection of this section, $10,000,000 for fis- ‘‘(3) HEALTH PROFESSIONAL SHORTAGE (C) in subparagraph (H)— cal year 2002, and such sums as may be nec- AREA.—The term ‘health professional short- (i) in clause (ii), by inserting ‘‘reviews any essary for each of fiscal years 2003 through age area’ means a health professional short- internal outreach plans for specific sub- 2006.’’; age area designated under section 332. populations served by the center,’’ after (9) by striking subsection (m) (as redesig- ‘‘(4) MEDICALLY UNDERSERVED COMMU- ‘‘such services will be provided,’’; and nated by paragraph (9)(B)) and inserting the NITY.—The term ‘medically underserved (ii) in the matter following clause (iii), by following: community’ has the meaning given the term striking ‘‘or (p)’’ and inserting ‘‘or (q)’’; ‘‘(m) TECHNICAL ASSISTANCE.—The Sec- in section 799B. (8)(A) by redesignating subsection (l) as retary shall establish a program through ‘‘(5) MEDICALLY UNDERSERVED POPU- subsection (s) and moving that subsection (s) which the Secretary shall provide technical LATION.—The term ‘medically underserved to the end of the section; and other assistance to eligible entities to population’ has the meaning given the term (B) by redesignating subsections (j), (k), assist such entities to meet the requirements in section 330(b)(3). and (m) through (q) as subsections (l), (m), of subsection (l)(3) in developing plans for, or ‘‘(c) PROGRAM.—The Secretary shall estab- and (n) through (r), respectively; and operating, health centers. Services provided lish, under section 301, a small health care (C) by inserting after subsection (i) the fol- through the program may include necessary provider quality improvement grant pro- lowing: technical and nonfinancial assistance, in- gram. ‘‘(j) ENVIRONMENTAL CONCERNS.—The Sec- cluding fiscal and program management as- ‘‘(d) ADMINISTRATION.— retary may make grants to health centers sistance, training in fiscal and program man- ‘‘(1) PROGRAMS.—The rural health care for the purpose of assisting such centers in agement, operational and administrative services outreach, rural health network de- identifying and detecting environmental fac- support, and the provision of information to velopment, and small health care provider tors and conditions, and providing services, the entities of the variety of resources avail- quality improvement grant programs estab- including environmental health services de- able under this title and how those resources lished under section 301 shall be adminis- scribed in subsection (b)(2)(D), to reduce the can be best used to meet the health needs of tered by the Director of the Office of Rural disease burden related to environmental fac- the communities served by the entities.’’; Health Policy of the Health Resources and tors and exposure of populations to such fac- (10) in subsection (q) (as redesignated by Services Administration, in consultation tors, and alleviate environmental conditions paragraph (9)(B)), by striking ‘‘(j)(3)(G)’’ and with State offices of rural health or other that affect the health of individuals and inserting ‘‘(l)(3)(G)’’; and appropriate State government entities. communities served by health centers funded (11) in subsection (s) (as redesignated by ‘‘(2) GRANTS.— under this section. paragraph (9)(A))— ‘‘(A) IN GENERAL.—In carrying out the pro- ‘‘(k) LINGUISTIC ACCESS GRANTS.— (A) in paragraph (1), by striking grams described in paragraph (1), the Direc- ‘‘(1) IN GENERAL.—The Secretary may ‘‘$802,124,000’’ and all that follows through tor may award grants under subsections (e), award grants to eligible health centers with the period and inserting ‘‘$1,369,000,000 for (f), and (g) to expand access to, coordinate, a substantial number of clients with limited fiscal year 2002 and such sums as may be nec- and improve the quality of essential health English speaking proficiency to provide essary for each of the fiscal years 2003 care services, and enhance the delivery of translation, interpretation, and other such through 2006.’’; health care, in rural areas. services for such clients with limited English (B) in paragraph (2)— ‘‘(B) TYPES OF GRANTS.—The Director may speaking proficiency. (i) in subparagraph (A)— award the grants—

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2744 CONGRESSIONAL RECORD — SENATE April 16, 2002 ‘‘(i) to promote expanded delivery of health proposed participants in the network do not ‘‘(A) a description of the project that the care services in rural areas under subsection have a history of collaborative efforts and a eligible entity will carry out using the funds (e); 3-year grant would be inappropriate. provided under the grant; ‘‘(ii) to provide for the planning and imple- ‘‘(2) ELIGIBILITY.—To be eligible to receive ‘‘(B) an explanation of the reasons why mentation of integrated health care net- a grant under this subsection, an entity— Federal assistance is required to carry out works in rural areas under subsection (f); ‘‘(A) shall be a rural public or rural non- the project; and profit private entity; ‘‘(C) a description of the manner in which ‘‘(iii) to provide for the planning and im- ‘‘(B) shall represent a network composed of the project funded under the grant will as- plementation of small health care provider participants— sure continuous quality improvement in the quality improvement activities under sub- ‘‘(i) that include 3 or more health care pro- provision of services by the entity; section (g). viders; and ‘‘(D) a description of how the local commu- ‘‘(e) RURAL HEALTH CARE SERVICES OUT- ‘‘(ii) that may be nonprofit or for-profit en- nity or region to be served will experience REACH GRANTS.— tities; and increased access to quality health care serv- ‘‘(1) GRANTS.—The Director may award ‘‘(C) shall not previously have received a ices across the continuum of care as a result grants to eligible entities to promote rural grant under this subsection (other than a of the activities carried out by the entity; health care services outreach by expanding grant for planning activities) for the same or ‘‘(E) a plan for sustaining the project after the delivery of health care services to in- a similar project. Federal support for the project has ended; clude new and enhanced services in rural ‘‘(3) APPLICATIONS.—To be eligible to re- ‘‘(F) a description of how the project will areas. The Director may award the grants ceive a grant under this subsection, an eligi- be evaluated; and for periods of not more than 3 years. ble entity, in consultation with the appro- ‘‘(G) other such information as the Sec- ‘‘(2) ELIGIBILITY.—To be eligible to receive priate State office of rural health or another retary determines to be appropriate. a grant under this subsection for a project, ‘‘(4) EXPENDITURES FOR SMALL HEALTH CARE an entity— appropriate State entity, shall prepare and PROVIDER QUALITY IMPROVEMENT GRANTS.—In ‘‘(A) shall be a rural public or rural non- submit to the Secretary an application, at such time, in such manner, and containing awarding a grant under this subsection, the profit private entity; Director shall ensure that the funds made ‘‘(B) shall represent a consortium com- such information as the Secretary may re- quire, including— available through the grant will be used to posed of members— provide services to residents of rural areas. ‘‘(i) that include 3 or more health care pro- ‘‘(A) a description of the project that the The Director shall award not less than 50 viders; and eligible entity will carry out using the funds percent of the funds made available under ‘‘(ii) that may be nonprofit or for-profit en- provided under the grant; this subsection to providers located in and tities; and ‘‘(B) an explanation of the reasons why serving rural areas. ‘‘(C) shall not previously have received a Federal assistance is required to carry out ‘‘(h) GENERAL REQUIREMENTS.— grant under this subsection for the same or the project; ‘‘(1) PROHIBITED USES OF FUNDS.—An entity a similar project, unless the entity is pro- ‘‘(C) a description of— posing to expand the scope of the project or ‘‘(i) the history of collaborative activities that receives a grant under this section may the area that will be served through the carried out by the participants in the net- not use funds provided through the grant— project. work; ‘‘(A) to build or acquire real property; or ‘‘(B) for construction, except that such ‘‘(3) APPLICATIONS.—To be eligible to re- ‘‘(ii) the degree to which the participants ceive a grant under this subsection, an eligi- are ready to integrate their functions; and funds may be expended for minor renova- ble entity, in consultation with the appro- ‘‘(iii) how the local community or region tions relating to the installation of equip- priate State office of rural health or another to be served will benefit from and be in- ment. ‘‘(2) COORDINATION WITH OTHER AGENCIES.— appropriate State entity, shall prepare and volved in the activities carried out by the The Secretary shall coordinate activities submit to the Secretary an application, at network; carried out under grant programs described such time, in such manner, and containing ‘‘(D) a description of how the local commu- in this section, to the extent practicable, such information as the Secretary may re- nity or region to be served will experience with Federal and State agencies and non- quire, including— increased access to quality health care serv- profit organizations that are operating simi- ‘‘(A) a description of the project that the ices across the continuum of care as a result lar grant programs, to maximize the effect of eligible entity will carry out using the funds of the integration activities carried out by public dollars in funding meritorious pro- provided under the grant; the network; posals. ‘‘(B) a description of the manner in which ‘‘(E) a plan for sustaining the project after ‘‘(3) PREFERENCE.—In awarding grants the project funded under the grant will meet Federal support for the project has ended; the health care needs of rural underserved under this section, the Secretary shall give ‘‘(F) a description of how the project will preference to entities that— populations in the local community or re- be evaluated; and gion to be served; ‘‘(A) are located in health professional ‘‘(G) other such information as the Sec- shortage areas or medically underserved ‘‘(C) a description of how the local commu- retary determines to be appropriate. nity or region to be served will be involved communities, or serve medically underserved in the development and ongoing operations ‘‘(g) SMALL HEALTH CARE PROVIDER QUAL- populations; or of the project; ITY IMPROVEMENT GRANTS.— ‘‘(B) propose to develop projects with a ‘‘(D) a plan for sustaining the project after ‘‘(1) GRANTS.—The Director may award focus on primary care, and wellness and pre- Federal support for the project has ended; grants to provide for the planning and imple- vention strategies. ‘‘(E) a description of how the project will mentation of small health care provider ‘‘(i) REPORT.—Not later than September 30, be evaluated; and quality improvement activities. The Direc- 2005, the Secretary shall prepare and submit ‘‘(F) other such information as the Sec- tor may award the grants for periods of 1 to to the appropriate committees of Congress a retary determines to be appropriate. 3 years. report on the progress and accomplishments ‘‘(f) RURAL HEALTH NETWORK DEVELOPMENT ‘‘(2) ELIGIBILITY.—To be eligible for a grant of the grant programs described in sub- GRANTS.— under this subsection, an entity— sections (e), (f), and (g). ‘‘(1) GRANTS.— ‘‘(A)(i) shall be a rural public or rural non- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—The Director may award profit private health care provider or pro- There are authorized to be appropriated to rural health network development grants to vider of health care services, such as a crit- carry out this section $40,000,000 for fiscal eligible entities to promote, through plan- ical access hospital or a rural health clinic; year 2002, and such sums as may be necessary ning and implementation, the development or for each of fiscal years 2003 through 2006.’’. of integrated health care networks that have ‘‘(ii) shall be another rural provider or net- Subtitle B—Telehealth Grant Consolidation combined the functions of the entities par- work of small rural providers identified by ticipating in the networks in order to— the Secretary as a key source of local care; SEC. 211. SHORT TITLE. ‘‘(i) achieve efficiencies; and This subtitle may be cited as the ‘‘Tele- ‘‘(ii) expand access to, coordinate, and im- ‘‘(B) shall not previously have received a health Grant Consolidation Act of 2001’’. prove the quality of essential health care grant under this subsection for the same or SEC. 212. CONSOLIDATION AND REAUTHORIZA- services; and a similar project. TION OF PROVISIONS. ‘‘(iii) strengthen the rural health care sys- ‘‘(3) APPLICATIONS.—To be eligible to re- Subpart I of part D of title III of the Public tem as a whole. ceive a grant under this subsection, an eligi- Health Service Act (42 U.S.C. 254b et seq) is ‘‘(B) GRANT PERIODS.—The Director may ble entity, in consultation with the appro- amended by adding at the end the following: award such a rural health network develop- priate State office of rural health or another ‘‘SEC. 330I. TELEHEALTH NETWORK AND TELE- ment grant for implementation activities for appropriate State entity, such as a hospital HEALTH RESOURCE CENTERS a period of 3 years. The Director may also association, shall prepare and submit to the GRANT PROGRAMS. award such a rural health network develop- Secretary an application, at such time, in ‘‘(a) DEFINITIONS.—In this section: ment grant for planning activities for a pe- such manner, and containing such informa- ‘‘(1) DIRECTOR; OFFICE.—The terms ‘Direc- riod of 1 year, to assist in the development of tion as the Secretary may require, includ- tor’ and ‘Office’ mean the Director and Office an integrated health care network, if the ing— specified in subsection (c).

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‘‘(2) FEDERALLY QUALIFIED HEALTH CENTER ‘‘(ii) NATURE OF ENTITIES.—Each entity ‘‘(1) TELEHEALTH NETWORKS.—In awarding AND RURAL HEALTH CLINIC.—The term ‘Feder- participating in the telehealth network may grants under subsection (d)(1) for projects in- ally qualified health center’ and ‘rural be a nonprofit or for-profit entity. volving telehealth networks, the Secretary health clinic’ have the meanings given the ‘‘(iii) COMPOSITION OF NETWORK.—The tele- shall give preference to an eligible entity terms in section 1861(aa) of the Social Secu- health network shall include at least 2 of the that meets at least 1 of the following re- rity Act (42 U.S.C. 1395x(aa)). following entities (at least 1 of which shall quirements: ‘‘(3) FRONTIER COMMUNITY.—The term ‘fron- be a community-based health care provider): ‘‘(A) ORGANIZATION.—The eligible entity is tier community’ shall have the meaning ‘‘(I) Community or migrant health centers a rural community-based organization or an- given the term in regulations issued under or other Federally qualified health centers. other community-based organization. subsection (r). ‘‘(II) Health care providers, including phar- ‘‘(B) SERVICES.—The eligible entity pro- ‘‘(4) MEDICALLY UNDERSERVED AREA.—The macists, in private practice. poses to use Federal funds made available term ‘medically underserved area’ has the ‘‘(III) Entities operating clinics, including through such a grant to develop plans for, or meaning given the term ‘medically under- rural health clinics. to establish, telehealth networks that pro- served community’ in section 799B. ‘‘(IV) Local health departments. vide mental health, public health, long-term ‘‘(5) MEDICALLY UNDERSERVED POPU- ‘‘(V) Nonprofit hospitals, including com- care, home care, preventive, or case manage- LATION.—The term ‘medically underserved munity access hospitals. ment services. population’ has the meaning given the term ‘‘(VI) Other publicly funded health or so- ‘‘(C) COORDINATION.—The eligible entity in section 330(b)(3). cial service agencies. demonstrates how the project to be carried ‘‘(6) TELEHEALTH SERVICES.—The term ‘‘(VII) Long-term care providers. out under the grant will be coordinated with ‘telehealth services’ means services provided ‘‘(VIII) Providers of health care services in other relevant federally funded projects in through telehealth technologies. the home. the areas, communities, and populations to ‘‘(7) TELEHEALTH TECHNOLOGIES.—The term ‘‘(IX) Providers of outpatient mental be served through the grant. ‘telehealth technologies’ means technologies health services and entities operating out- ‘‘(D) NETWORK.—The eligible entity dem- relating to the use of electronic information, patient mental health facilities. onstrates that the project involves a tele- and telecommunications technologies, to ‘‘(X) Local or regional emergency health health network that includes an entity support and promote, at a distance, health care providers. that— care, patient and professional health-related ‘‘(XI) Institutions of higher education. ‘‘(i) provides clinical health care services, education, health administration, and public ‘‘(XII) Entities operating dental clinics. or educational services for health care pro- health. ‘‘(2) TELEHEALTH RESOURCE CENTERS viders and for patients or their families; and ‘‘(b) PROGRAMS.—The Secretary shall es- GRANTS.—To be eligible to receive a grant ‘‘(ii) is— tablish, under section 301, telehealth net- under subsection (d)(2), an entity shall be a ‘‘(I) a public school; work and telehealth resource centers grant nonprofit entity. ‘‘(II) a public library; programs. ‘‘(g) APPLICATIONS.—To be eligible to re- ‘‘(III) an institution of higher education; or ‘‘(c) ADMINISTRATION.— ceive a grant under subsection (d), an eligi- ‘‘(IV) a local government entity. ‘‘(1) ESTABLISHMENT.—There is established ble entity, in consultation with the appro- ‘‘(E) CONNECTIVITY.—The eligible entity in the Health and Resources and Services priate State office of rural health or another proposes a project that promotes local Administration an Office for the Advance- appropriate State entity, shall prepare and connectivity within areas, communities, or ment of Telehealth. The Office shall be head- submit to the Secretary an application, at populations to be served through the project. ed by a Director. such time, in such manner, and containing ‘‘(F) INTEGRATION.—The eligible entity ‘‘(2) DUTIES.—The telehealth network and such information as the Secretary may re- demonstrates that health care information telehealth resource centers grant programs quire, including— has been integrated into the project. established under section 301 shall be admin- ‘‘(1) a description of the project that the el- ‘‘(2) TELEHEALTH RESOURCE CENTERS.—In istered by the Director, in consultation with igible entity will carry out using the funds awarding grants under subsection (d)(2) for the State offices of rural health, State of- provided under the grant; projects involving telehealth resource cen- fices concerning primary care, or other ap- ‘‘(2) a description of the manner in which ters, the Secretary shall give preference to propriate State government entities. the project funded under the grant will meet an eligible entity that meets at least 1 of the ‘‘(d) GRANTS.— the health care needs of rural or other popu- following requirements: ‘‘(1) TELEHEALTH NETWORK GRANTS.—The lations to be served through the project, or ‘‘(A) PROVISION OF SERVICES.—The eligible Director may, in carrying out the telehealth improve the access to services of, and the entity has a record of success in the provi- network grant program referred to in sub- quality of the services received by, those sion of telehealth services to medically un- section (b), award grants to eligible entities populations; derserved areas or medically underserved for projects to demonstrate how telehealth ‘‘(3) evidence of local support for the populations. technologies can be used through telehealth project, and a description of how the areas, ‘‘(B) COLLABORATION AND SHARING OF EX- networks in rural areas, frontier commu- communities, or populations to be served PERTISE.—The eligible entity has a dem- nities, and medically underserved areas, and will be involved in the development and on- onstrated record of collaborating and shar- for medically underserved populations, to— going operations of the project; ing expertise with providers of telehealth ‘‘(A) expand access to, coordinate, and im- ‘‘(4) a plan for sustaining the project after services at the national, regional, State, and prove the quality of health care services; Federal support for the project has ended; local levels. ‘‘(B) improve and expand the training of ‘‘(5) information on the source and amount ‘‘(C) BROAD RANGE OF TELEHEALTH SERV- health care providers; and of non-Federal funds that the entity will pro- ICES.—The eligible entity has a record of pro- ‘‘(C) expand and improve the quality of vide for the project; viding a broad range of telehealth services, health information available to health care ‘‘(6) information demonstrating the long- which may include— providers, and patients and their families, term viability of the project, and other evi- ‘‘(i) a variety of clinical specialty services; for decisionmaking. dence of institutional commitment of the en- ‘‘(ii) patient or family education; ‘‘(2) TELEHEALTH RESOURCE CENTERS tity to the project; ‘‘(iii) health care professional education; GRANTS.—The Director may, in carrying out ‘‘(7) in the case of an application for a and the telehealth resource centers grant pro- project involving a telehealth network, in- ‘‘(iv) rural residency support programs. gram referred to in subsection (b), award formation demonstrating how the project ‘‘(j) DISTRIBUTION OF FUNDS.— grants to eligible entities for projects to will promote the integration of telehealth ‘‘(1) IN GENERAL.—In awarding grants under demonstrate how telehealth technologies technologies into the operations of health this section, the Director shall ensure, to the can be used in the areas and communities, care providers, to avoid redundancy, and im- greatest extent possible, that such grants and for the populations, described in para- prove access to and the quality of care; and are equitably distributed among the geo- graph (1), to establish telehealth resource ‘‘(8) other such information as the Sec- graphical regions of the United States. centers. retary determines to be appropriate. ‘‘(2) TELEHEALTH NETWORKS.—In awarding ‘‘(e) GRANT PERIODS.—The Director may ‘‘(h) TERMS; CONDITIONS; MAXIMUM AMOUNT grants under subsection (d)(1) for a fiscal award grants under this section for periods OF ASSISTANCE.—The Secretary shall estab- year, the Director shall ensure that— of not more than 4 years. lish the terms and conditions of each grant ‘‘(A) not less than 50 percent of the funds ‘‘(f) ELIGIBLE ENTITIES.— program described in subsection (b) and the awarded shall be awarded for projects in ‘‘(1) TELEHEALTH NETWORK GRANTS.— maximum amount of a grant to be awarded rural areas; and ‘‘(A) GRANT RECIPIENT.—To be eligible to to an individual recipient for each fiscal year ‘‘(B) the total amount of funds awarded for receive a grant under subsection (d)(1), an under this section. The Secretary shall pub- such projects for that fiscal year shall be not entity shall be a nonprofit entity. lish, in a publication of the Health Resources less than the total amount of funds awarded ‘‘(B) TELEHEALTH NETWORKS.— and Services Administration, notice of the for such projects for fiscal year 2001 under ‘‘(i) IN GENERAL.—To be eligible to receive application requirements for each grant pro- section 330A (as in effect on the day before a grant under subsection (d)(1), an entity gram described in subsection (b) for each fis- the date of enactment of the Health Care shall demonstrate that the entity will pro- cal year. Safety Net Amendments of 2001). vide services through a telehealth network. ‘‘(i) PREFERENCES.— ‘‘(k) USE OF FUNDS.—

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‘‘(1) TELEHEALTH NETWORK PROGRAM.—The ‘‘(3) in the case of a project involving a ‘‘(1) for grants under subsection (d)(1), recipient of a grant under subsection (d)(1) telehealth network, to purchase or install $40,000,000 for fiscal year 2002, and such sums may use funds received through such grant transmission equipment (such as laying as may be necessary for each of fiscal years for salaries, equipment, and operating or cable or telephone lines, or purchasing or in- 2003 through 2006; and other costs, including the cost of— stalling microwave towers, satellite dishes, ‘‘(2) for grants under subsection (d)(2), ‘‘(A) developing and delivering clinical amplifiers, or digital switching equipment), $20,000,000 for fiscal year 2002, and such sums telehealth services that enhance access to except on the premises of an entity partici- as may be necessary for each of fiscal years community-based health care services in pating in the telehealth network; 2003 through 2006. rural areas, frontier communities, or medi- ‘‘(4) to pay for any equipment or trans- ‘‘SEC. 330J. TELEHOMECARE DEMONSTRATION cally underserved areas, or for medically un- mission costs not directly related to the pur- PROJECT. derserved populations; poses for which the grant is awarded; ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) developing and acquiring, through ‘‘(5) to purchase or install general purpose ‘‘(1) DISTANT SITE.—The term ‘distant site’ lease or purchase, computer hardware and voice telephone systems; means a site at which a certified home care software, audio and video equipment, com- ‘‘(6) for construction, except that such provider is located at the time at which a puter network equipment, interactive equip- funds may be expended for minor renova- health care service (including a health care ment, data terminal equipment, and other tions relating to the installation of equip- item) is provided through a telecommuni- equipment that furthers the objectives of the ment; or cations system. telehealth network grant program; ‘‘(7) for expenditures for indirect costs (as ‘‘(2) TELEHOMECARE.—The term ‘‘(C)(i) developing and providing distance determined by the Secretary), to the extent ‘telehomecare’ means the provision of health education, in a manner that enhances access that the expenditures would exceed 20 per- care services through technology relating to to care in rural areas, frontier communities, cent of the total grant funds. the use of electronic information, or through or medically underserved areas, or for medi- ‘‘(m) COLLABORATION.—In providing serv- telemedicine or telecommunication tech- cally underserved populations; or ices under this section, an eligible entity nology, to support and promote, at a distant ‘‘(ii) mentoring, precepting, or supervising shall collaborate, if feasible, with entities site, the monitoring and management of health care providers and students seeking that— home health care services for a resident of a to become health care providers, in a manner ‘‘(1)(A) are private or public organizations, rural area. that enhances access to care in the areas and that receive Federal or State assistance; or ‘‘(b) ESTABLISHMENT.—Not later than 9 communities, or for the populations, de- ‘‘(B) are public or private entities that op- months after the date of enactment of the scribed in clause (i); erate centers, or carry out programs, that Health Care Safety Net Amendments of 2001, ‘‘(D) developing and acquiring instruc- receive Federal or State assistance; and the Secretary shall establish and carry out a tional programming; ‘‘(2) provide telehealth services or related telehomecare demonstration project. ‘‘(E)(i) providing for transmission of med- activities. ical data, and maintenance of equipment; ‘‘(c) GRANTS.—In carrying out the dem- ‘‘(n) COORDINATION WITH OTHER AGEN- onstration project referred to in subsection and CIES.—The Secretary shall coordinate activi- (b), the Secretary shall make not more than ‘‘(ii) providing for compensation (including ties carried out under grant programs de- 5 grants to eligible certified home care pro- travel expenses) of specialists, and referring scribed in subsection (b), to the extent prac- viders, individually or as part of a network health care providers, who are providing ticable, with Federal and State agencies and of home health agencies, for the provision of telehealth services through the telehealth nonprofit organizations that are operating telehomecare to improve patient care, pre- network, if no third party payment is avail- similar programs, to maximize the effect of vent health care complications, improve pa- able for the telehealth services delivered public dollars in funding meritorious pro- tient outcomes, and achieve efficiencies in through the telehealth network; posals. the delivery of care to patients who reside in ‘‘(F) developing projects to use telehealth ‘‘(o) OUTREACH ACTIVITIES.—The Secretary rural areas. technology to facilitate collaboration be- shall establish and implement procedures to ‘‘(d) PERIODS.—The Secretary shall make tween health care providers; carry out outreach activities to advise po- the grants for periods of not more than 3 ‘‘(G) collecting and analyzing usage statis- tential end users of telehealth services in years. tics and data to document the cost-effective- rural areas, frontier communities, medically ‘‘(e) APPLICATIONS.—To be eligible to re- ness of the telehealth services; and underserved areas, and medically under- ceive a grant under this section, a certified ‘‘(H) carrying out such other activities as served populations in each State about the home care provider shall submit an applica- are consistent with achieving the objectives grant programs described in subsection (b). of this section, as determined by the Sec- ‘‘(p) TELEHEALTH.—It is the sense of Con- tion to the Secretary at such time, in such retary. gress that, for purposes of this section, manner, and containing such information as ‘‘(2) TELEHEALTH RESOURCE CENTERS.—The States should develop reciprocity agree- the Secretary may require. recipient of a grant under subsection (d)(2) ments so that a provider of services under ‘‘(f) USE OF FUNDS.—A provider that re- may use funds received through such grant this section who is a licensed or otherwise ceives a grant under this section shall use for salaries, equipment, and operating or authorized health care provider under the the funds made available through the grant other costs for— law of 1 or more States, and who, through to carry out objectives that include— ‘‘(A) providing technical assistance, train- telehealth technology, consults with a li- ‘‘(1) improving access to care for home care ing, and support, and providing for travel ex- censed or otherwise authorized health care patients served by home health care agen- penses, for health care providers and a range provider in another State, is exempt, with cies, improving the quality of that care, in- of health care entities that provide or will respect to such consultation, from any State creasing patient satisfaction with that care, provide telehealth services; law of the other State that prohibits such and reducing the cost of that care through ‘‘(B) disseminating information and re- consultation on the basis that the first direct telecommunications links that con- search findings related to telehealth serv- health care provider is not a licensed or au- nect the provider with information net- ices; thorized health care provider under the law works; ‘‘(C) promoting effective collaboration of that State. ‘‘(2) developing effective care management among telehealth resource centers and the ‘‘(q) REPORT.—Not later than September 30, practices and educational curricula to train Office; 2005, the Secretary shall prepare and submit home care registered nurses and increase ‘‘(D) conducting evaluations to determine to the appropriate committees of Congress a their general level of competency through the best utilization of telehealth tech- report on the progress and accomplishments that training; and nologies to meet health care needs; of the grant programs described in sub- ‘‘(3) developing curricula to train health ‘‘(E) promoting the integration of the tech- section (b). care professionals, particularly registered nologies used in clinical information sys- ‘‘(r) REGULATIONS.—The Secretary shall nurses, serving home care agencies in the use tems with other telehealth technologies; issue regulations specifying, for purposes of of telecommunications. ‘‘(F) fostering the use of telehealth tech- this section, a definition of the term ‘fron- ‘‘(g) COVERAGE.—Nothing in this section nologies to provide health care information tier area’. The definition shall be based on shall be construed to supersede or modify the and education for health care providers and factors that include population density, provisions relating to exclusion of coverage consumers in a more effective manner; and travel distance in miles to the nearest med- under section 1862(a) of the Social Security ‘‘(G) implementing special projects or ical facility, travel time in minutes to the Act (42 U.S.C 1395y(a)), or the provisions re- studies under the direction of the Office. nearest medical facility, and such other fac- lating to the amount payable to a home ‘‘(l) PROHIBITED USES OF FUNDS.—An entity tors as the Secretary determines to be appro- health agency under section 1895 of that Act that receives a grant under this section may priate. The Secretary shall develop the defi- (42 U.S.C. 1395fff). not use funds made available through the nition in consultation with the Director of ‘‘(h) REPORT.— grant— the Bureau of the Census and the Adminis- ‘‘(1) INTERIM REPORT.—The Secretary shall ‘‘(1) to acquire real property; trator of the Economic Research Service of submit to Congress an interim report de- ‘‘(2) for expenditures to purchase or lease the Department of Agriculture. scribing the results of the demonstration equipment, to the extent that the expendi- ‘‘(s) AUTHORIZATION OF APPROPRIATIONS.— project. tures would exceed 40 percent of the total There are authorized to be appropriated to ‘‘(2) FINAL REPORT.—Not later than 6 grant funds; carry out this section— months after the end of the last grant period

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2747 for a grant made under this section, the Sec- ‘‘(6) acquire emergency medical services professionals’ refers to providers of mental retary shall submit to Congress a final re- equipment, including cardiac defibrillators; health services reimbursed under the medi- port— ‘‘(7) acquire personal protective equipment care program carried out under title XVIII of ‘‘(A) describing the results of the dem- for emergency medical services personnel as the Social Security Act (42 U.S.C. 1395 et onstration project; and required by the Occupational Safety and seq.) who have additional training in the ‘‘(B) including an evaluation of the impact Health Administration; and treatment of mental illness in children and of the use of telehomecare, including tele- ‘‘(8) educate the public concerning adolescents or who have additional training medicine and telecommunications, on— cardiopulmonary resuscitation, first aid, in- in the treatment of mental illness in the el- ‘‘(i) access to care for home care patients; jury prevention, safety awareness, illness derly. and prevention, and other related emergency pre- ‘‘(4) SPECIAL POPULATIONS.—The term ‘spe- ‘‘(ii) the quality of, patient satisfaction paredness topics. cial populations’ refers to the following 2 dis- with, and the cost of, that care. ‘‘(d) PREFERENCE.—In awarding grants tinct groups: ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— under this section the Secretary shall give ‘‘(A) Children and adolescents located in There are authorized to be appropriated to preference to— public elementary and public secondary carry out this section such sums as may be ‘‘(1) applications that reflect a collabo- schools in mental health underserved rural necessary for each of fiscal years 2002 rative effort by 2 or more of the entities de- areas or in mental health underserved urban through 2006.’’. scribed in subparagraphs (A) through (F) of areas. Subtitle C—Mental Health Services Tele- subsection (b)(1); and ‘‘(B) Elderly individuals located in long- health Program and Rural Emergency Med- ‘‘(2) applications submitted by entities term care facilities in mental health under- ical Service Training and Equipment As- that intend to use amounts provided under served rural areas. sistance Program the grant to fund activities described in any ‘‘(5) TELEHEALTH.—The term ‘telehealth’ of paragraphs (1) through (5) of subsection means the use of electronic information and SEC. 221. PROGRAMS. (c). Subpart I of part D of title III of the Public telecommunications technologies to support ‘‘(e) MATCHING REQUIREMENT.—The Sec- long distance clinical health care, patient Health Service Act (42 U.S.C. 254b et seq.) (as retary may not award a grant under this sec- amended by section 212) is further amended and professional health-related education, tion to an entity unless the entity agrees public health, and health administration. by adding at the end the following: that the entity will make available (directly ‘‘SEC. 330K. RURAL EMERGENCY MEDICAL SERV- or through contributions from other public ‘‘(b) PROGRAM AUTHORIZED.— ICE TRAINING AND EQUIPMENT AS- or private entities) non-Federal contribu- ‘‘(1) IN GENERAL.—The Secretary, acting SISTANCE PROGRAM. tions toward the activities to be carried out through the Director of the Office for the Ad- ‘‘(a) GRANTS.—The Secretary, acting under the grant in an amount equal to 25 vancement of Telehealth of the Health Re- through the Administrator of the Health Re- percent of the amount received under the sources and Services Administration, shall sources and Services Administration (re- grant. award grants to eligible entities to establish ferred to in this section as the ‘Secretary’) ‘‘(f) EMERGENCY MEDICAL SERVICES.—In demonstration projects for the provision of shall award grants to eligible entities to en- this section, the term ‘emergency medical mental health services to special populations able such entities to provide for improved services’— as delivered remotely by qualified mental emergency medical services in rural areas. ‘‘(1) means resources used by a qualified health professionals using telehealth and for ‘‘(b) ELIGIBILITY.—To be eligible to receive public or private nonprofit entity, or by any the provision of education regarding mental a grant under this section, an entity shall— other entity recognized as qualified by the illness as delivered remotely by qualified ‘‘(1) be— State involved, to deliver medical care out- mental health professionals and qualified ‘‘(A) a State emergency medical services side of a medical facility under emergency mental health education professionals using office; conditions that occur— telehealth. ‘‘(B) a State emergency medical services ‘‘(A) as a result of the condition of the pa- ‘‘(2) POPULATIONS SERVED.—The Secretary association; tient; or shall award the grants under paragraph (1) in ‘‘(C) a State office of rural health; ‘‘(B) as a result of a natural disaster or a manner that distributes the grants so as to ‘‘(D) a local government entity; similar situation; and serve equitably the populations described in ‘‘(E) a State or local ambulance provider; ‘‘(2) includes services delivered by an emer- subparagraphs (A) and (B) of subsection or gency medical services provider (either com- (a)(4). ‘‘(F) any other entity determined appro- pensated or volunteer) or other provider rec- ‘‘(c) AMOUNT.—Each entity that receives a priate by the Secretary; and ognized by the State involved that is li- grant under subsection (b) shall receive not ‘‘(2) prepare and submit to the Secretary censed or certified by the State as an emer- less than $1,200,000 under the grant, and shall an application at such time, in such manner, gency medical technician or its equivalent use not more than 40 percent of the grant and containing such information as the Sec- (as determined by the State), a registered funds for equipment. retary may require, that includes— nurse, a physician assistant, or a physician ‘‘(A) a description of the activities to be that provides services similar to services ‘‘(d) USE OF FUNDS.— carried out under the grant; and provided by such an emergency medical serv- ‘‘(1) IN GENERAL.—An eligible entity that ‘‘(B) an assurance that the eligible entity ices provider. receives a grant under this section shall use will comply with the matching requirement ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— the grant funds— of subsection (e). ‘‘(1) IN GENERAL.—There are authorized to ‘‘(A) for the populations described in sub- ‘‘(c) USE OF FUNDS.—An entity shall use be appropriated to carry out this section section (a)(4)(A)— amounts received under a grant made under such sums as may be necessary for each of ‘‘(i) to provide mental health services, in- subsection (a), either directly or through fiscal years 2002 through 2006. cluding diagnosis and treatment of mental grants to emergency medical service squads ‘‘(2) ADMINISTRATIVE COSTS.—The Secretary illness, in public elementary and public sec- that are located in, or that serve residents may use not more than 10 percent of the ondary schools as delivered remotely by of, a nonmetropolitan statistical area, an amount appropriated under paragraph (1) for qualified mental health professionals using area designated as a rural area by any law or a fiscal year for the administrative expenses telehealth; regulation of a State, or a rural census tract of carrying out this section. ‘‘(ii) to provide education regarding mental of a metropolitan statistical area (as deter- ‘‘SEC. 330L. MENTAL HEALTH SERVICES DELIV- illness (including suicide and violence) in mined under the most recent Goldsmith ERED VIA TELEHEALTH. public elementary and public secondary Modification, originally published in a no- ‘‘(a) DEFINITIONS.—In this section: schools as delivered remotely by qualified tice of availability of funds in the Federal ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible mental health professionals and qualified Register on February 27, 1992, 57 Fed. Reg. entity’ means a public or nonprofit private mental health education professionals using 6725), to— telehealth provider network that offers serv- telehealth, including education regarding ‘‘(1) recruit emergency medical service per- ices that include mental health services pro- early recognition of the signs and symptoms sonnel; vided by qualified mental health providers. of mental illness, and instruction on coping ‘‘(2) recruit volunteer emergency medical ‘‘(2) QUALIFIED MENTAL HEALTH EDUCATION and dealing with stressful experiences of service personnel; PROFESSIONALS.—The term ‘qualified mental childhood and adolescence (such as violence, ‘‘(3) train emergency medical service per- health education professionals’ refers to social isolation, and depression); and sonnel in emergency response, injury preven- teachers, community mental health profes- ‘‘(iii) to collaborate with local public tion, safety awareness, and other topics rel- sionals, nurses, and other entities as deter- health entities to provide the mental health evant to the delivery of emergency medical mined by the Secretary who have additional services; and services; training in the delivery of information on ‘‘(B) for the populations described in sub- ‘‘(4) fund specific training to meet Federal mental illness to children and adolescents or section (a)(4)(B)— or State certification requirements; who have additional training in the delivery ‘‘(i) to provide mental health services, in- ‘‘(5) develop new ways to educate emer- of information on mental illness to the el- cluding diagnosis and treatment of mental gency health care providers through the use derly. illness, in long-term care facilities as deliv- of technology-enhanced educational methods ‘‘(3) QUALIFIED MENTAL HEALTH PROFES- ered remotely by qualified mental health (such as distance learning); SIONALS.—The term ‘qualified mental health professionals using telehealth;

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2748 CONGRESSIONAL RECORD — SENATE April 16, 2002 ‘‘(ii) to provide education regarding mental ters and carry out activities described in ‘‘(ii) The term ‘graduate program of behav- illness to primary staff (including physi- subsection (c) through the centers. ioral and mental health’ means a program cians, nurses, and nursing aides) as delivered ‘‘(c) USE OF FUNDS.—An eligible entity that that trains behavioral and mental health remotely by qualified mental health profes- receives a grant under this section may use professionals.’’; sionals and qualified mental health edu- funds received through such grant to— (2) in subsection (b)— cation professionals using telehealth, includ- ‘‘(1) establish a statewide technical assist- (A) in paragraph (1), by striking ‘‘health ing education regarding early recognition of ance center that shall coordinate local, professions’’ and inserting ‘‘health profes- the signs and symptoms of mental illness, State, and Federal health care services, in- sions, including schools at which graduate and instruction on coping and dealing with cluding primary, dental, and behavioral and programs of behavioral and mental health stressful experiences of old age (such as loss mental health services, that contribute to are offered,’’; and of physical and cognitive capabilities, death the delivery of school-based health care for (B) in paragraph (2), by inserting ‘‘behav- of loved ones and friends, social isolation, medically underserved individuals; ioral and mental health professionals,’’ after and depression); and ‘‘(2) conduct operational and administra- ‘‘dentists,’’; and ‘‘(iii) to collaborate with local public tive support activities for statewide school- (3) by striking subsection (c) and inserting health entities to provide the mental health based health center networks to maximize the following: services. operational effectiveness and efficiency; ‘‘(c)(1) The Secretary may reimburse an ap- ‘‘(2) OTHER USES.—An eligible entity that ‘‘(3) provide technical support training, in- plicant for a position in the Corps (including receives a grant under this section may also cluding training on topics regarding— an individual considering entering into a use the grant funds to— ‘‘(A) identifying parent and community in- written agreement pursuant to section 338D) ‘‘(A) acquire telehealth equipment to use terests and priorities; for the actual and reasonable expenses in- in public elementary and public secondary ‘‘(B) assessing community health needs curred in traveling to and from the appli- schools and long-term care facilities for the and resources; cant’s place of residence to an eligible site to objectives of this section; ‘‘(C) implementing accountability and which the applicant may be assigned under ‘‘(B) develop curricula to support activities management information systems; section 333 for the purpose of evaluating such described in subparagraphs (A)(ii) and (B)(ii) ‘‘(D) integrating school-based health cen- site with regard to being assigned at such of paragraph (1); ters with care provided by any other school- site. The Secretary may establish a max- linked provider, and with community-based ‘‘(C) pay telecommunications costs; and imum total amount that may be paid to an primary and specialty health care systems; ‘‘(D) pay qualified mental health profes- individual as reimbursement for such ex- ‘‘(E) securing third party payments sionals and qualified mental health edu- penses. through effective billing and collection sys- cation professionals on a reasonable cost ‘‘(2) The Secretary may also reimburse the tems; basis as determined by the Secretary for applicant for the actual and reasonable ex- ‘‘(F) developing shared services and joint services rendered. penses incurred for the travel of 1 family purchasing arrangements across provider ‘‘(3) PROHIBITED USES.—An eligible entity member to accompany the applicant to such networks; that receives a grant under this section shall site. The Secretary may establish a max- ‘‘(G) linking services with health care serv- not use the grant funds to— imum total amount that may be paid to an ices provided by other programs, especially individual as reimbursement for such ex- ‘‘(A) purchase or install transmission services provided under the medicaid pro- equipment (other than such equipment used penses. gram under title XIX of the Social Security ‘‘(3) In the case of an individual who has by qualified mental health professionals to Act (42 U.S.C. 1396 et seq.) and the State entered into a contract for obligated service deliver mental health services using tele- Children’s Health Insurance Program under under the Scholarship Program or under the health under the project involved); or title XXI of the Social Security Act (42 Loan Repayment Program, the Secretary ‘‘(B) build upon or acquire real property U.S.C. 1397aa et seq.); may reimburse such individual for all or part (except for minor renovations related to the ‘‘(H) contracting with managed care orga- of the actual and reasonable expenses in- installation of reimbursable equipment). nizations; and curred in transporting the individual, the in- ‘‘(e) EQUITABLE DISTRIBUTION.—In awarding ‘‘(I) assuring and improving clinical qual- grants under this section, the Secretary dividual’s family, and the family’s posses- ity and improvement; and shall ensure, to the greatest extent possible, sions to the site of the individual’s assign- ‘‘(4) provide to interested communities that such grants are equitably distributed ment under section 333. The Secretary may technical assistance for the planning and im- among geographical regions of the United establish a maximum total amount that may plementation of school-based health centers. be paid to an individual as reimbursement States. ‘‘(d) APPLICATION.—An eligible entity de- ‘‘(f) APPLICATION.—An entity that desires a for such expenses.’’. siring a grant under this section shall sub- (b) DEMONSTRATION PROJECTS.—Section 331 grant under this section shall submit an ap- mit an application to the Secretary at such of the Public Health Service Act (42 U.S.C. plication to the Secretary at such time, in time, in such manner, and containing such 254d) is amended— such manner, and containing such informa- information as the Secretary may reason- (1) by redesignating subsection (i) as sub- tion as the Secretary determines to be rea- ably require, including— section (j); and sonable. ‘‘(1) a description of the region that will re- (2) by inserting after subsection (h) the fol- ‘‘(g) REPORT.—Not later than 4 years after ceive service and the potential partners in the date of enactment of the Health Care lowing: such region; ‘‘(i)(1) In carrying out subpart III, the Sec- Safety Net Amendments of 2001, the Sec- ‘‘(2) a description of the policy and pro- retary may, in accordance with this sub- retary shall prepare and submit to the appro- gram environment and the needs of the com- section, carry out demonstration projects in priate committees of Congress a report that munity that will receive service; which individuals who have entered into a shall evaluate activities funded with grants ‘‘(3) a 1- to 3-year work plan that describes contract for obligated service under the under this section. the goals and objectives of the entity, and Loan Repayment Program receive waivers ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— any activities that the entity proposes to under which the individuals are authorized There are authorized to be appropriated to carry out; and to satisfy the requirement of obligated serv- carry out this section, $20,000,000 for fiscal ‘‘(4) a description of the organizational ca- ice through providing clinical service that is year 2002 and such sums as may be necessary pacity of the entity and its experience in not full-time. for fiscal years 2003 through 2006.’’. serving the region’s school-based health cen- ‘‘(2) A waiver described in paragraph (1) Subtitle D—School-Based Health Center ter community. may be provided by the Secretary only if— Networks ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) the entity for which the service is to SEC. 231. NETWORKS. There is authorized to be appropriated to be performed— Subpart I of part D of title III of the Public carry out this section, $5,000,000 for fiscal ‘‘(i) has been approved under section 333A Health Service Act (42 U.S.C. 254b et seq.), as year 2002, and such sums as may be necessary for assignment of a Corps member; and amended in section 221, is further amended for subsequent fiscal years.’’. ‘‘(ii) has requested in writing assignment by adding at the end the following: TITLE III—NATIONAL HEALTH SERVICE of a health professional who would serve less ‘‘SEC. 330M. SCHOOL-BASED HEALTH CENTER CORPS PROGRAM than full time; NETWORKS. SEC. 301. NATIONAL HEALTH SERVICE CORPS. ‘‘(B) the Secretary has determined that as- ‘‘(a) ELIGIBLE ENTITY.—In this section, the (a) IN GENERAL.—Section 331 of the Public signment of a health professional who would term ‘eligible entity’ means a nonprofit or- Health Service Act (42 U.S.C. 254d) is amend- serve less than full time would be appro- ganization, such as a State school-based ed— priate for the area where the entity is lo- health center association, academic institu- (1) by adding at the end of subsection (a)(3) cated; tion, or primary care association, that has the following: ‘‘(C) a Corps member who is required to experience working with low-income commu- ‘‘(E)(i) The term ‘behavioral and mental perform obligated service has agreed in writ- nities, schools, families, and school-based health professionals’ means health service ing to be assigned for less than full-time health centers. psychologists, licensed clinical social work- service to an entity described in subpara- ‘‘(b) PROGRAM AUTHORIZED.—The Secretary ers, licensed professional counselors, mar- graph (A); shall award grants to eligible entities to es- riage and family therapists, psychiatric ‘‘(D) the entity and the Corps member tablish statewide technical assistance cen- nurse specialists, and psychiatrists. agree in writing that the less than full-time

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2749 service provided by the Corps member will 180 days after the committees described in receive technical assistance under this para- not be less than 16 hours of clinical service paragraph (1)(B) receive a report referred to graph to communicate with other commu- per week; in paragraph (1)(B) describing the regulation. nities, State Offices of Rural Health, State ‘‘(E) the Corps member agrees in writing (c) SCHOLARSHIP AND LOAN REPAYMENT Primary Care Associations and Offices, and that the period of obligated service pursuant PROGRAMS.—The Secretary of Health and other entities concerned with site develop- to section 338B will be extended so that the Human Services, in consultation with the ment and community needs assessment.’’. aggregate amount of less than full-time serv- American Dental Association, the American SEC. 304. PRIORITIES IN ASSIGNMENT OF CORPS ice performed will equal the amount of serv- Dental Education Association, the American PERSONNEL. ice that would be performed through full- Dental Hygienists Association, the American Section 333A of the Public Health Service time service under section 338C; and Academy of Pediatric Dentistry, the Asso- Act (42 U.S.C. 254f–1) is amended— ‘‘(F) the Corps member agrees in writing ciation of State and Territorial Dental Di- (1) in subsection (a)(1)(A), by striking ‘‘, as that if the Corps member begins providing rectors, and the National Association of determined in accordance with subsection less than full-time service but fails to begin Community Health Centers, shall develop (b)’’; or complete the period of obligated service, and implement a plan for increasing the par- (2) by striking subsection (b); the method stated in 338E(c) for determining ticipation of dentists and dental hygienists (3) in subsection (c), by striking the second the damages for breach of the individual’s in the National Health Service Corps Schol- sentence; written contract will be used after con- arship Program under section 338A of the (4) in subsection (d)— verting periods of obligated service or of Public Health Service Act (42 U.S.C. 254l) and (A) by redesignating paragraphs (1) service performed into their full-time the Loan Repayment Program under section through (3) as paragraphs (2) through (4), re- equivalents. 338B of such Act (42 U.S.C. 254l–1). spectively; ‘‘(3) In evaluating a demonstration project (d) SITE DESIGNATION PROCESS.— (B) by inserting before paragraph (2) (as re- described in paragraph (1), the Secretary (1) IMPROVEMENT OF DESIGNATION PROC- designated by subparagraph (A)) the fol- shall examine the effect of multidisciplinary ESS.—The Administrator of the Health Re- lowing: teams.’’. sources and Services Administration, in con- ‘‘(1) PROPOSED LIST.—The Secretary shall SEC. 302. DESIGNATION OF HEALTH PROFES- sultation with the Association of State and prepare and publish a proposed list of health SIONAL SHORTAGE AREAS. Territorial Dental Directors, dental soci- professional shortage areas and entities that (a) IN GENERAL.—Section 332 of the Public eties, and other interested parties, shall re- would receive priority under subsection Health Service Act (42 U.S.C. 254e) is amend- vise the criteria on which the designations of (a)(1) in the assignment of Corps members. ed— The list shall contain the information de- (1) in subsection (a)— dental health professional shortage areas are based so that such criteria provide a more scribed in paragraph (2), and the relative (A) in paragraph (1), by inserting after the scores and relative priorities of the entities accurate reflection of oral health care need, first sentence the following: ‘‘All Federally submitting applications under section 333, in particularly in rural areas. qualified health centers and rural health a proposed format. All such entities shall (2) PUBLIC HEALTH SERVICE ACT.—Section clinics, as defined in section 1861(aa) of the have 30 days after the date of publication of 332 of the Public Health Service Act (42 Social Security Act (42 U.S.C. 1395x(aa)), the list to provide additional data and infor- U.S.C. 254e) is amended by adding at the end that meet the requirements of section 334 mation in support of inclusion on the list or the following: shall be automatically designated, on the in support of a higher priority determination ‘‘(i) DISSEMINATION.—The Administrator of date of enactment of the Health Care Safety and the Secretary shall reasonably consider the Health Resources and Services Adminis- Net Amendments of 2001, as having such a such data and information in preparing the tration shall disseminate information con- shortage. Not later than 5 years after such final list under paragraph (2).’’; cerning the designation criteria described in date of enactment, and every 5 years there- (C) in paragraph (2) (as redesignated by after, each such center or clinic shall dem- subsection (b) to— subparagraph (A)), in the matter before sub- onstrate that the center or clinic meets the ‘‘(1) the Governor of each State; paragraph (A)— applicable requirements of the Federal regu- ‘‘(2) the representative of any area, popu- (i) by striking ‘‘paragraph (2)’’ and insert- lations, issued after the date of enactment of lation group, or facility selected by any such ing ‘‘paragraph (3)’’; this Act, that revise the definition of a Governor to receive such information; (ii) by striking ‘‘prepare a list of health health professional shortage area for pur- ‘‘(3) the representative of any area, popu- professional shortage areas’’ and inserting poses of this section.’’; and lation group, or facility that requests such ‘‘prepare and, as appropriate, update a list of (B) in paragraph (3), by striking ‘‘340(r)) information; and health professional shortage areas and enti- may be a population group’’ and inserting ‘‘(4) the representative of any area, popu- ties’’; and ‘‘330(h)(4)), seasonal agricultural workers (as lation group, or facility determined by the (iii) by striking ‘‘for the period applicable defined in section 330(g)(3)) and migratory Administrator to be likely to meet the cri- under subsection (f)’’; agricultural workers (as so defined)), and teria described in subsection (b).’’. (D) by striking paragraph (3) (as redesig- residents of public housing (as defined in sec- SEC. 303. ASSIGNMENT OF CORPS PERSONNEL. nated by subparagraph (A)) and inserting the tion 3(b)(1) of the United States Housing Act Section 333 of the Public Health Service following: of 1937 (42 U.S.C. 1437a(b)(1))) may be popu- Act (42 U.S.C. 254f) is amended— ‘‘(3) NOTIFICATION OF AFFECTED PARTIES.— lation groups’’; (1) in subsection (a)— ‘‘(A) ENTITIES.—Not later than 30 days (2) in subsection (b)(2), by striking ‘‘with (A) in paragraph (1)— after the Secretary has added to a list under special consideration to the indicators of’’ (i) in the matter before subparagraph (A), paragraph (2) an entity specified as described and all that follows through ‘‘services.’’ and by striking ‘‘(specified in the agreement de- in subparagraph (A) of such paragraph, the inserting a period; and scribed in section 334)’’; Secretary shall notify such entity that the (3) in subsection (c)(2)(B), by striking (ii) in subparagraph (A), by striking ‘‘non- entity has been provided an authorization to ‘‘XVIII or XIX’’ and inserting ‘‘XVIII, XIX, profit’’; and receive assignments of Corps members in the or XXI’’. (iii) by striking subparagraph (C) and in- event that Corps members are available for (b) REGULATIONS.— serting the following: the assignments. (1) REPORT.— ‘‘(C) the entity agrees to comply with the ‘‘(B) INDIVIDUALS.—In the case of an indi- (A) IN GENERAL.—The Secretary shall sub- requirements of section 334; and’’; and vidual obligated to provide service under the mit the report described in subparagraph (B) (B) in paragraph (3), by adding at the end Scholarship Program, not later than 3 if the Secretary, acting through the Admin- ‘‘In approving such applications, the Sec- months before the date described in section istrator of the Health Resources and Serv- retary shall give preference to applications 338C(b)(5), the Secretary shall provide to ices Administration, issues— in which a nonprofit entity or public entity such individual the names of each of the en- (i) a regulation that revises the definition shall provide a site to which Corps members tities specified as described in paragraph of a health professional shortage area for may be assigned.’’; and (2)(B)(i) that is appropriate for the individ- purposes of section 332 of the Public Health (2) in subsection (d)— ual’s medical specialty and discipline.’’; and Service Act (42 U.S.C. 254e); or (A) in paragraphs (1), (2), and (4), by strik- (E) by striking paragraph (4) (as redesig- (ii) a regulation that revises the standards ing ‘‘nonprofit’’ each place it appears; and nated by subparagraph (A)) and inserting the concerning priority of such an area under (B) in paragraph (1)— following: section 333A of that Act (42 U.S.C. 254f–1). (i) in the first sentence, by striking ‘‘may’’ ‘‘(4) REVISIONS.—If the Secretary proposes (B) REPORT.—On issuing a regulation de- and inserting ‘‘shall’’; to make a revision in the list under para- scribed in subparagraph (A), the Secretary (ii) in the second sentence— graph (2), and the revision would adversely shall prepare and submit to the Committee (I) in subparagraph (C), by striking ‘‘and’’ alter the status of an entity with respect to on Energy and Commerce of the House of at the end; and the list, the Secretary shall notify the entity Representatives and the Committee on (II) by striking the period and inserting ‘‘, of the revision. Any entity adversely affected Health, Education, Labor, and Pensions of and (E) developing long-term plans for ad- by such a revision shall be notified in writ- the Senate a report that describes the regu- dressing health professional shortages and ing by the Secretary of the reasons for the lation. improving access to health care.’’; and revision and shall have 30 days to file a writ- (2) EFFECTIVE DATE.—Each regulation de- (iii) by adding at the end the following: ten appeal of the determination involved scribed in paragraph (1)(A) shall take effect ‘‘The Secretary shall encourage entities that which shall be reasonably considered by the

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2750 CONGRESSIONAL RECORD — SENATE April 16, 2002 Secretary before the revision to the list be- individual who is a beneficiary of a program (ii) by redesignating clause (iv) as clause comes final. The revision to the list shall be listed in subsection (a)(2), the entity— (v); and effective with respect to assignment of Corps ‘‘(A) shall accept an assignment pursuant (iii) by inserting after clause (iii) the fol- members beginning on the date that the re- to section 1842(b)(3)(B)(ii) of the Social Secu- lowing new clause: vision becomes final.’’; rity Act (42 U.S.C. 1395u(b)(3)(B)(ii)) with re- ‘‘(iv) if pursuing a degree from a school of (5) by striking subsection (e) and inserting spect to an individual who is a beneficiary medicine or osteopathic medicine, to com- the following: under the medicare program; and plete a residency in a specialty that the Sec- ‘‘(e) LIMITATION ON NUMBER OF ENTITIES ‘‘(B) shall enter into an appropriate agree- retary determines is consistent with the OFFERED AS ASSIGNMENT CHOICES IN SCHOL- ment with— needs of the Corps; and’’; and ARSHIP PROGRAM.— ‘‘(i) the State agency administering the (B) in paragraph (3), by striking ‘‘338D’’ ‘‘(1) DETERMINATION OF AVAILABLE CORPS program under title XIX of such Act with re- and inserting ‘‘338E’’; and MEMBERS.—By April 1 of each calendar year, spect to an individual who is a beneficiary (6) by striking subsection (i). the Secretary shall determine the number of under the medicaid program; and SEC. 310. NATIONAL HEALTH SERVICE CORPS participants in the Scholarship Program who ‘‘(ii) the State agency administering the LOAN REPAYMENT PROGRAM. will be available for assignments under sec- program under title XXI of such Act with re- Section 338B of the Public Health Service tion 333 during the program year beginning spect to an individual who is a beneficiary Act (42 U.S.C. 254l–1) is amended— on July 1 of that calendar year. under the State children’s health insurance (1) in subsection (a)— ‘‘(2) DETERMINATION OF NUMBER OF ENTI- program. (A) in paragraph (1), by inserting ‘‘behav- TIES.—At all times during a program year, ‘‘(3) COLLECTION OF PAYMENTS.—The entity ioral and mental health professionals,’’ after the number of entities specified under sub- shall take reasonable and appropriate steps ‘‘dentists,’’; and section (c)(2)(B)(i) shall be— to collect all payments due for health care (B) in paragraph (2), by striking ‘‘(includ- ‘‘(A) not less than the number of partici- services provided by the entity, including ing mental health professionals)’’; pants determined with respect to that pro- payments from any third party (including a (2) in subsection (b)(1), by striking sub- gram year under paragraph (1); and Federal, State, or local government agency paragraph (A) and inserting the following: ‘‘(B) not greater than twice the number of and any other third party) that is respon- ‘‘(A) have a degree in medicine, osteo- participants determined with respect to that sible for part or all of the charge for such pathic medicine, dentistry, or another health program year under paragraph (1).’’; services.’’. profession, or an appropriate degree from a (6) by striking subsection (f); and SEC. 306. ELIGIBILITY FOR FEDERAL FUNDS. graduate program of behavioral and mental (7) by redesignating subsections (c), (d), Section 335(e)(1)(B) of the Public Health health, or be certified as a nurse midwife, and (e) as subsections (b), (c), and (d) respec- Service Act (42 U.S.C. 254h(e)(1)(B)) is nurse practitioner, or physician assistant;’’; tively. amended by striking ‘‘XVIII or XIX’’ and in- (3) in subsection (e), by striking ‘‘(1) IN serting ‘‘XVIII, XIX, or XXI’’. SEC. 305. COST-SHARING. GENERAL.—’’; and Subpart II of part D of title III of the Pub- SEC. 307. FACILITATION OF EFFECTIVE PROVI- (4) by striking subsection (i). SION OF CORPS SERVICES. lic Health Service Act (42 U.S.C. 254d et seq.) SEC. 311. OBLIGATED SERVICE. (a) HEALTH PROFESSIONAL SHORTAGE Section 338C of the Public Health Service is amended by striking section 334 and in- AREAS.—Section 336 of the Public Health serting the following: Act (42 U.S.C. 254m) is amended— Service Act (42 U.S.C. 254h–1) is amended— (1) in subsection (b)— ‘‘SEC. 334. CHARGES FOR SERVICES BY ENTITIES (1) in subsection (c), by striking ‘‘health (A) in paragraph (1), in the matter pre- USING CORPS MEMBERS. manpower’’ and inserting ‘‘health profes- ceding subparagraph (A), by striking ‘‘sec- ‘‘(a) AVAILABILITY OF SERVICES REGARD- sional’’; and tion 338A(f)(1)(B)(iv)’’ and inserting ‘‘section LESS OF ABILITY TO PAY OR PAYMENT (2) in subsection (f)(1), by striking ‘‘health 338A(f)(1)(B)(v)’’; and SOURCE.—An entity to which a Corps mem- manpower’’ and inserting ‘‘health profes- (B) in paragraph (5)— ber is assigned shall not deny requested sional’’. (i) by striking all that precedes subpara- health care services, and shall not discrimi- (b) TECHNICAL AMENDMENT.—Section graph (C) and inserting the following: nate in the provision of services to an indi- 336A(8) of the Public Health Service Act (42 ‘‘(5)(A) In the case of the Scholarship Pro- vidual— U.S.C. 254i(8)) is amended by striking ‘‘agree- gram, the date referred to in paragraphs (1) ‘‘(1) because the individual is unable to pay ments under’’. through (4) shall be the date on which the in- for the services; or SEC. 308. AUTHORIZATION OF APPROPRIATIONS. dividual completes the training required for ‘‘(2) because payment for the services Section 338(a) of the Public Health Service the degree for which the individual receives would be made under— Act (42 U.S.C. 254k(a)) is amended— the scholarship, except that— ‘‘(A) the medicare program under title (1) by striking ‘‘(1) For’’ and inserting ‘‘(i) for an individual receiving such a de- XVIII of the Social Security Act (42 U.S.C. ‘‘For’’; gree after September 30, 2000, from a school 1395 et seq.); (2) by striking ‘‘1991 through 2000’’ and in- of medicine or osteopathic medicine, such ‘‘(B) the medicaid program under title XIX serting ‘‘2002 through 2006’’; and date shall be the date the individual com- of such Act (42 U.S.C. 1396 et seq.); or (3) by striking paragraph (2). pletes a residency in a specialty that the ‘‘(C) the State children’s health insurance SEC. 309. NATIONAL HEALTH SERVICE CORPS Secretary determines is consistent with the program under title XXI of such Act (42 SCHOLARSHIP PROGRAM. needs of the Corps; and U.S.C. 1397aa et seq.). Section 338A of the Public Health Service ‘‘(ii) at the request of an individual, the ‘‘(b) CHARGES FOR SERVICES.—The fol- Act (42 U.S.C. 254l) is amended— Secretary may, consistent with the needs of lowing rules shall apply to charges for health (1) in subsection (a)(1), by inserting ‘‘be- the Corps, defer such date until the end of a care services provided by an entity to which havioral and mental health professionals,’’ period of time required for the individual to a Corps member is assigned: after ‘‘dentists,’’; complete advanced training (including an in- ‘‘(1) IN GENERAL.— (2) in subsection (b)(1)(B), by inserting ‘‘, ternship or residency).’’; ‘‘(A) SCHEDULE OF FEES OR PAYMENTS.—Ex- or an appropriate degree from a graduate (ii) by striking subparagraph (D); cept as provided in paragraph (2), the entity program of behavioral and mental health’’ (iii) by redesignating subparagraphs (C) shall prepare a schedule of fees or payments after ‘‘other health profession’’; and (E) as subparagraphs (B) and (C), respec- for the entity’s services, consistent with lo- (3) in subsection (c)(1)— tively; and cally prevailing rates or charges and de- (A) in subparagraph (A), by striking ‘‘338D’’ (iv) in clause (i) of subparagraph (C) (as re- signed to cover the entity’s reasonable cost and inserting ‘‘338E’’; and designated by clause (iii)) by striking ‘‘sub- of operation. (B) in subparagraph (B), by striking ‘‘338C’’ paragraph (A), (B), or (D)’’ and inserting ‘‘(B) SCHEDULE OF DISCOUNTS.—Except as and inserting ‘‘338D’’; ‘‘subparagraph (A)’’; and provided in paragraph (2), the entity shall (4) in subsection (d)(1)— (2) by striking subsection (e). prepare a corresponding schedule of dis- (A) in subparagraph (A), by striking ‘‘and’’ SEC. 312. PRIVATE PRACTICE. counts (including, in appropriate cases, waiv- at the end; Section 338D of the Public Health Service ers) to be applied to such fees or payments. (B) by redesignating subparagraph (B) as Act (42 U.S.C. 254n) is amended by striking In preparing the schedule, the entity shall subparagraph (C); and subsection (b) and inserting the following: adjust the discounts on the basis of a pa- (C) by inserting after subparagraph (A) the ‘‘(b)(1) The written agreement described in tient’s ability to pay. following: subsection (a) shall— ‘‘(C) USE OF SCHEDULES.—The entity shall ‘‘(B) the Secretary, in considering applica- ‘‘(A) provide that, during the period of pri- make every reasonable effort to secure from tions from individuals accepted for enroll- vate practice by an individual pursuant to patients fees and payments for services in ment or enrolled in dental school, shall con- the agreement, the individual shall comply accordance with such schedules, and fees or sider applications from all individuals ac- with the requirements of section 334 that payments shall be sufficiently discounted in cepted for enrollment or enrolled in any ac- apply to entities; and accordance with the schedule described in credited dental school in a State; and’’; ‘‘(B) contain such additional provisions as subparagraph (B). (5) in subsection (f)— the Secretary may require to carry out the ‘‘(2) SERVICES TO BENEFICIARIES OF FEDERAL (A) in paragraph (1)(B)— objectives of this section. AND FEDERALLY ASSISTED PROGRAMS.—In the (i) in clause (iii), by striking ‘‘and’’ after ‘‘(2) The Secretary shall take such action case of health care services furnished to an the semicolon; as may be appropriate to ensure that the

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2751 conditions of the written agreement pre- amount due from an individual under this ‘‘SEC. 338L. DEMONSTRATION PROJECT. scribed by this subsection are adhered to.’’. section.’’. ‘‘(a) PROGRAM AUTHORIZED.—The Secretary SEC. 313. BREACH OF SCHOLARSHIP CONTRACT (b) EFFECTIVE DATE.—The amendment shall establish a demonstration project to OR LOAN REPAYMENT CONTRACT. made by subsection (a)(4) shall apply to any provide for the participation of individuals (a) IN GENERAL.—Section 338E of the Public obligation for which a discharge in bank- who are chiropractic doctors or pharmacists Health Service Act (42 U.S.C. 254o) is amend- ruptcy has not been granted before the date in the Loan Repayment Program described ed— that is 31 days after the date of enactment of in section 338B. (1) in subsection (a)(1)— this Act. ‘‘(b) PROCEDURE.—An individual that re- (A) in subparagraph (A), by striking the SEC. 314. AUTHORIZATION OF APPROPRIATIONS. ceives assistance under this section with re- comma and inserting a semicolon; Section 338H of the Public Health Service gard to the program described in section (B) in subparagraph (B), by striking the Act (42 U.S.C. 254q) is amended to read as fol- 338B shall comply with all rules and require- comma and inserting ‘‘; or’’; lows: ments described in such section (other than (C) in subparagraph (C), by striking ‘‘or’’ ‘‘SEC. 338H. AUTHORIZATION OF APPROPRIA- subparagraphs (A) and (B) of section at the end; and TIONS. 338B(b)(1)) in order to receive assistance (D) by striking subparagraph (D); ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— under this section. (2) in subsection (b)— For the purposes of carrying out this sub- ‘‘(c) LIMITATIONS.—The demonstration (A) in paragraph (1)(A)— part, there are authorized to be appropriated project described in this section shall pro- (i) by striking ‘‘338F(d)’’ and inserting $146,250,000 for fiscal year 2002, and such sums vide for the participation of individuals who ‘‘338G(d)’’; as may be necessary for each of fiscal years shall provide services in rural and urban (ii) by striking ‘‘either’’; 2003 through 2006. areas, and shall also provide for the partici- (iii) by striking ‘‘338D or’’ and inserting ‘‘(b) SCHOLARSHIPS FOR NEW PARTICI- pation of enough individuals to allow the ‘‘338D,’’; and PANTS.—Of the amounts appropriated under Secretary to properly analyze the effective- (iv) by inserting ‘‘or to complete a required subsection (a) for a fiscal year, the Secretary ness of such project. residency as specified in section shall obligate not less than 30 percent for the ‘‘(d) DESIGNATIONS.—The demonstration 338A(f)(1)(B)(iv),’’ before ‘‘the United purpose of providing contracts for scholar- project described in this section, and any States’’; and ships under this subpart to individuals who providers who are selected to participate in (B) by adding at the end the following new have not previously received such scholar- such project, shall not be considered by the paragraph: ships. Secretary in the designation of a health pro- ‘‘(3) The Secretary may terminate a con- ‘‘(c) SCHOLARSHIPS AND LOAN REPAY- fessional shortage area under section 332 dur- tract with an individual under section 338A MENTS.—With respect to certification as a ing fiscal years 2002 through 2004. if, not later than 30 days before the end of nurse practitioner, nurse midwife, or physi- ‘‘(e) RULE OF CONSTRUCTION.—This section the school year to which the contract per- cian assistant, the Secretary shall, from shall not be construed to require any State tains, the individual— amounts appropriated under subsection (a) to participate in the project described in this ‘‘(A) submits a written request for such for a fiscal year, obligate not less than a section. termination; and total of 10 percent for contracts for both ‘‘(f) REPORT.— ‘‘(B) repays all amounts paid to, or on be- scholarships under the Scholarship Program ‘‘(1) IN GENERAL.—The Secretary shall pre- half of, the individual under section under section 338A and loan repayments pare and submit a report describing the in- 338A(g).’’; under the Loan Repayment Program under formation described in paragraph (2) to— (3) in subsection (c)— section 338B to individuals who are entering ‘‘(A) the Committee on Health, Education, (A) in paragraph (1)— the first year of a course of study or program Labor, and Pensions of the Senate; (i) in the matter preceding subparagraph described in section 338A(b)(1)(B) that leads ‘‘(B) the Subcommittee on Labor, Health (A), by striking ‘‘338F(d)’’ and inserting to such a certification or individuals who are and Human Services, and Education of the ‘‘338G(d)’’; and eligible for the loan repayment program as Committee on Appropriations of the Senate; (ii) by striking subparagraphs (A) through specified in section 338B(b) for a loan related ‘‘(C) the Committee on Energy and Com- (C) and inserting the following: to such certification.’’. merce of the House of Representatives; and ‘‘(A) the total of the amounts paid by the ‘‘(D) the Subcommittee on Labor, Health United States under section 338B(g) on behalf SEC. 315. GRANTS TO STATES FOR LOAN REPAY- MENT PROGRAMS. and Human Services, and Education of the of the individual for any period of obligated Section 338I of the Public Health Service Committee on Appropriations of the House service not served; Act (42 U.S.C. 254q–1) is amended— of Representatives. ‘‘(B) an amount equal to the product of the (1) in subsection (a), by striking paragraph ‘‘(2) CONTENT.—The report described in number of months of obligated service that (1) and inserting the following: paragraph (1) shall detail— were not completed by the individual, multi- ‘‘(A) the manner in which the demonstra- ‘‘(1) AUTHORITY FOR GRANTS.—The Sec- plied by $7,500; and retary, acting through the Administrator of tion project described in this section has af- ‘‘(C) the interest on the amounts described the Health Resources and Services Adminis- fected access to primary care services, pa- in subparagraphs (A) and (B), at the max- tration, may make grants to States for the tient satisfaction, quality of care, and health imum legal prevailing rate, as determined by purpose of assisting the States in operating care services provided for traditionally un- the Treasurer of the United States, from the programs described in paragraph (2) in order derserved populations; date of the breach.’’; to provide for the increased availability of ‘‘(B) how the participation of chiropractic (B) by striking paragraphs (2) and (3) and primary health care services in health pro- doctors and pharmacists in the Loan Repay- inserting the following: ment Program might affect the designation ‘‘(2) The Secretary may terminate a con- fessional shortage areas. The National Advi- sory Council established under section 337 of health professional shortage areas; and tract with an individual under section 338B ‘‘(C) the feasibility of adding chiropractic if, not later than 45 days before the end of shall advise the Administrator regarding the program under this section.’’; doctors and pharmacists as permanent mem- the fiscal year in which the contract was en- bers of the National Health Service Corps. tered into, the individual— (2) in subsection (e), by striking paragraph (1) and inserting the following: ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) submits a written request for such There are authorized to be appropriated to termination; and ‘‘(1) to submit to the Secretary such re- ports regarding the States loan repayment carry out this section, such sums as may be ‘‘(B) repays all amounts paid on behalf of necessary for fiscal years 2002 through 2004.’’. the individual under section 338B(g).’’; and program, as are determined to be appropriate TITLE IV—HEALTHY COMMUNITIES (C) by redesignating paragraph (4) as para- by the Secretary; and’’; and ACCESS PROGRAM ACT graph (3); (3) in subsection (i), by striking paragraph (4) in subsection (d)(3)(A), by striking (1) and inserting the following: SEC. 401. PURPOSE. ‘‘only if such discharge is granted after the ‘‘(1) IN GENERAL.—For the purpose of mak- The purpose of this title is to provide as- expiration of the five-year period’’ and in- ing grants under subsection (a), there are au- sistance to communities and consortia of serting ‘‘only if such discharge is granted thorized to be appropriated $12,000,000 for fis- health care providers and others, to develop after the expiration of the 7-year period’’; cal year 2002 and such sums as may be nec- or strengthen integrated community health and essary for each of fiscal years 2003 through care delivery systems that coordinate health (5) by adding at the end the following new 2006.’’. care services for individuals who are unin- subsection: SEC. 316. DEMONSTRATION GRANTS TO STATES sured or underinsured and to develop or ‘‘(e) Notwithstanding any other provision FOR COMMUNITY SCHOLARSHIP strengthen activities related to providing co- of Federal or State law, there shall be no PROGRAMS. ordinated care for individuals with chronic limitation on the period within which suit Section 338L of the Public Health Service conditions who are uninsured or under- may be filed, a judgment may be enforced, or Act (42 U.S.C. 254t) is repealed. insured, through the— an action relating to an offset or garnish- SEC. 317. DEMONSTRATION PROJECT. (1) coordination of services to allow indi- ment, or other action, may be initiated or Subpart III of part D of title III of the Pub- viduals to receive efficient and higher qual- taken by the Secretary, the Attorney Gen- lic Health Service Act (42 U.S.C. 254l et seq.) ity care and to gain entry into and receive eral, or the head of another Federal agency, is amended by adding at the end the fol- services from a comprehensive system of as the case may be, for the repayment of the lowing: care;

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2752 CONGRESSIONAL RECORD — SENATE April 16, 2002 (2) development of the infrastructure for a XIX, and XXI of the Social Security Act (42 in the community involved for a more co- health care delivery system characterized by U.S.C. 1395 et seq., 1396 et seq., and 1397aa et ordinated system of care; and effective collaboration, information sharing, seq.) and to patients who pay privately for ‘‘(2) may accord priority to applicants that and clinical and financial coordination services; best promote the objectives of this section, among all providers of care in the commu- ‘‘(C) describes the activities that the appli- taking into consideration the extent to nity; and cant and the consortium propose to perform which the application involved— (3) provision of new Federal resources that under the grant to further the objectives of ‘‘(A) identifies a community whose geo- do not supplant funding for existing Federal this section; graphical area has a high or increasing per- categorical programs that support entities ‘‘(D) demonstrates the consortium’s ability centage of individuals who are uninsured; providing services to low-income popu- to build on the current system (as of the ‘‘(B) demonstrates that the applicant has lations. date of submission of the application) for included in its consortium providers, support SEC. 402. CREATION OF HEALTHY COMMUNITIES serving a community of uninsured and systems, and programs that have a tradition ACCESS PROGRAM. underinsured individuals by involving pro- of serving uninsured individuals and under- Part D of title III of the Public Health viders who have traditionally provided a sig- insured individuals in the community; Service Act (42 U.S.C. 254b et seq.) is amend- nificant volume of care for that community; ‘‘(C) shows evidence that the program ed by inserting after subpart IV the fol- ‘‘(E) demonstrates the consortium’s ability would expand utilization of preventive and lowing new subpart: to develop coordinated systems of care that primary care services for uninsured and ‘‘Subpart V—Healthy Communities Access either directly provide or ensure the prompt underinsured individuals and families in the Program provision of a broad range of high-quality, community, including behavioral and mental accessible services, including, as appro- health services, oral health services, or sub- ‘‘SEC. 340. GRANTS TO STRENGTHEN THE EFFEC- priate, primary, secondary, and tertiary stance abuse services; TIVENESS, EFFICIENCY, AND CO- ORDINATION OF SERVICES FOR THE services, as well as substance abuse treat- ‘‘(D) proposes a program that would im- UNINSURED AND UNDERINSURED. ment and mental health services in a manner prove coordination between health care pro- ‘‘(a) IN GENERAL.—The Secretary may that assures continuity of care in the com- viders and appropriate social service pro- award grants to eligible entities to assist in munity; viders, including local and regional human the development of integrated health care ‘‘(F) demonstrates the consortium’s ability services agencies, school systems, and agen- delivery systems to serve communities of in- to create comprehensive programs to address cies on aging; dividuals who are uninsured and individuals the prevention and management of chronic ‘‘(E) demonstrates collaboration with who are underinsured— diseases of high importance within the com- State and local governments; ‘‘(1) to improve the efficiency of, and co- munity, where applicable; ‘‘(F) demonstrates that the applicant ordination among, the providers providing ‘‘(G) provides evidence of community in- makes use of non-Federal contributions to services through such systems; volvement in the development, implementa- the greatest extent possible; or ‘‘(2) to assist communities in developing tion, and direction of the program that the ‘‘(G) demonstrates a likelihood that the programs targeted toward preventing and entity proposes to operate; proposed program will continue after support managing chronic diseases; and ‘‘(H) demonstrates the consortium’s ability under this section ceases. ‘‘(3) to expand and enhance the services to ensure that individuals participating in ‘‘(d) USE OF FUNDS.— provided through such systems. the program are enrolled in public insurance ‘‘(1) USE BY GRANTEES.— ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to programs for which the individuals are eligi- ‘‘(A) IN GENERAL.—Except as provided in receive a grant under this section, an entity ble; paragraphs (2) and (3), a grantee may use shall be a public or nonprofit entity that— ‘‘(I) presents a plan for leveraging other amounts provided under this section only ‘‘(1) represents a consortium— sources of revenue, which may include State for— ‘‘(A) whose principal purpose is to provide and local sources and private grant funds, ‘‘(i) direct expenses associated with plan- a broad range of coordinated health care and integrating current and proposed new ning and developing the greater integration services for a community defined in the enti- funding sources in a way to assure long-term of a health care delivery system, and oper- ty’s grant application as described in para- sustainability of the program; ating the resulting system, so that the sys- graph (2); and ‘‘(J) describes a plan for evaluation of the tem either directly provides or ensures the ‘‘(B) that includes a provider (unless such activities carried out under the grant, in- provision of a broad range of culturally com- provider does not exist within the commu- cluding measurement of progress toward the petent services, as appropriate, including nity, declines or refuses to participate, or goals and objectives of the program and the primary, secondary, and tertiary services, as places unreasonable conditions on their par- use of evaluation findings to improve pro- well as substance abuse treatment and men- ticipation) that— gram performance; tal health services; and ‘‘(i) serves the community; and ‘‘(K) demonstrates fiscal responsibility ‘‘(ii) direct patient care and service expan- ‘‘(ii)(I) is a Federally qualified health cen- through the use of appropriate accounting sions to fill identified or documented gaps ter (as defined in section 1861(aa) of the So- procedures and appropriate management sys- within an integrated delivery system. cial Security Act (42 U.S.C. 1395x(aa))); tems; ‘‘(B) SPECIFIC USES.—The following are ex- ‘‘(II) is a hospital with a low-income utili- ‘‘(L) demonstrates the consortium’s com- amples of purposes for which a grantee may zation rate (as defined in section 1923(b)(3) of mitment to serve the community without re- use grant funds under this section, when the Social Security Act (42 U.S.C. 1396r– gard to the ability of an individual or family such use meets the conditions stated in sub- 4(b)(3)), that is greater than 25 percent; to pay by arranging for or providing free or paragraph (A): ‘‘(III) is a public health department; and reduced charge care for the poor; and ‘‘(i) Increases in outreach activities. ‘‘(IV) is an interested public or private sec- ‘‘(M) includes such other information as ‘‘(ii) Improvements to case management. tor health care provider or an organization the Secretary may prescribe; ‘‘(iii) Improvements to coordination of that has traditionally served the medically ‘‘(3) agrees along with each of the partici- transportation to health care facilities. uninsured and underserved; pating providers identified under paragraph ‘‘(iv) Development of provider networks ‘‘(2) submits to the Secretary an applica- (2)(B) that each will commit to use grant and other innovative models to engage phy- tion, in such form and manner as the Sec- funds awarded under this section to supple- sicians in voluntary efforts to serve the retary shall prescribe, that— ment, not supplant, any other sources of medically underserved within a community. ‘‘(A) defines a community of uninsured and funding (including the value of any in-kind ‘‘(v) Recruitment, training, and compensa- underinsured individuals that consists of all contributions) available to cover the expend- tion of necessary personnel. such individuals— itures of the consortium and of the partici- ‘‘(vi) Acquisition of technology, such as ‘‘(i) in a specified geographical area, such pating providers in carrying out the activi- telehealth technologies to increase access to as a rural area; or ties for which the grant would be awarded; tertiary care. ‘‘(ii) in a specified population within such and ‘‘(vii) Identifying and closing gaps in an area, such as American Indians, Native ‘‘(4) has established or will establish before health care services being provided. Alaskans, Native Hawaiians, Hispanics, the receipt of any grant under this section, a ‘‘(viii) Improvements to provider commu- homeless individuals, migrant and seasonal decision-making body that has full and com- nication, including implementation of farmworkers, individuals with disabilities, plete authority to determine and oversee all shared information systems or shared clin- and public housing residents; the activities undertaken by the consortium ical systems. ‘‘(B) identifies the providers who will par- with funds made available through such ‘‘(ix) Development of common processes for ticipate in the consortium’s program under grant and that includes representation from determining eligibility for the programs pro- the grant, and specifies each provider’s con- each of the following providers listed in vided through the system, including creating tribution to the care of uninsured and under- (b)(1)(B) if they participate in the consor- common identification cards and single slid- insured individuals in the community, in- tium. ing scale discounts. cluding the volume of care the provider pro- ‘‘(c) PRIORITIES.—In awarding grants under ‘‘(x) Creation of a triage system to coordi- vides to beneficiaries under the medicare, this section, the Secretary— nate referrals and to screen and route indi- medicaid, and State child health insurance ‘‘(1) shall accord priority to applicants viduals to appropriate locations of primary, programs carried out under titles XVIII, that demonstrate the extent of unmet need specialty, and inpatient care.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2753 ‘‘(xi) Development of specific prevention of the grant programs described in this sec- cilities in designated dental health profes- and disease management tools and processes, tion. sional shortage areas, including services and including— ‘‘(h) DEMONSTRATION AUTHORITY.—The Sec- facilities for children with special needs, ‘‘(I) carrying out a protocol or plan for retary may make demonstration awards such as— each individual patient concerning what under this section to historically black med- ‘‘(A) the expansion or establishment of a needs to be done, at what intervals, and by ical schools for the purposes of— community-based dental facility, free-stand- whom, for the patient; ‘‘(1) developing patient-based research in- ing dental clinic, consolidated health center ‘‘(II) redesigning practices to incorporate frastructure at historically black medical dental facility, school-linked dental facility, regular patient contact, collection of critical schools, which have an affiliation, or affili- or United States dental school-based facil- data on health and disease status, and use of ations, with any of the providers identified ity; strategies to meet the educational and psy- in section (b)(1)(B); ‘‘(B) the establishment of a mobile or port- chosocial needs of patients who may need to ‘‘(2) establishment of joint and collabo- able dental clinic; and make lifestyle and other changes to manage rative programs of medical research and data ‘‘(C) the establishment or expansion of pri- their diseases; collection between historically black med- vate dental services to enhance capacity ‘‘(III) the promotion of the availability of ical schools and such providers, whose goal is through additional equipment or additional specialized expertise through the use of— to improve the health status of medically hours of operation; ‘‘(aa) teams of providers with specialized underserved populations; or ‘‘(6) placement and support of dental stu- knowledge; ‘‘(3) supporting the research-related costs dents, dental residents, and advanced den- ‘‘(bb) collaborative care arrangements; of patient care, data collection, and aca- tistry trainees; ‘‘(cc) computer decision support services; demic training resulting from such affili- ‘‘(7) continuing dental education, including or ations. distance-based education; ‘‘(dd) telehealth technologies. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(8) practice support through teledentistry ‘‘(IV) providing patient educational and There are authorized to be appropriated to conducted in accordance with State laws; support tools that are culturally competent carry out this section $125,000,000 for fiscal ‘‘(9) community-based prevention services and meet appropriate health literacy and lit- year 2002 and such sums as may be necessary such as water fluoridation and dental sealant eracy requirements; and for each of fiscal years 2003 through 2006.’’. programs; ‘‘(V) the collection of data related to pa- SEC. 403. EXPANDING AVAILABILITY OF DENTAL ‘‘(10) coordination with local educational tient care and outcomes. SERVICES. agencies within the State to foster programs ‘‘(xii) Translation services. Part D of title III of the Public Health that promote children going into oral health ‘‘(xiii) Carrying out other activities that Service Act (42 U.S.C. 254b et seq.) is amend- or science professions; may be appropriate to a community and that ed by adding at the end the following: ‘‘(11) the establishment of faculty recruit- would increase access by the uninsured to ‘‘Subpart X—Primary Dental Programs ment programs at accredited dental training health care, such as access initiatives for institutions whose mission includes commu- which private entities provide non-Federal ‘‘SEC. 340F. DESIGNATED DENTAL HEALTH PRO- FESSIONAL SHORTAGE AREA. nity outreach and service and that have a contributions to supplement the Federal ‘‘In this subpart, the term ‘designated den- demonstrated record of serving underserved funds provided through the grants for the tal health professional shortage area’ means States; initiatives. an area, population group, or facility that is ‘‘(12) the development of a State dental of- ‘‘(2) DIRECT PATIENT CARE LIMITATION.—Not designated by the Secretary as a dental ficer position or the augmentation of a State more than 15 percent of the funds provided health professional shortage area under sec- dental office to coordinate oral health and under a grant awarded under this section tion 332 or designated by the applicable access issues in the State; and may be used for providing direct patient care State as having a dental health professional ‘‘(13) any other activities determined to be and services. shortage. appropriate by the Secretary. ‘‘(3) RESERVATION OF FUNDS FOR NATIONAL ‘‘SEC. 340G. GRANTS FOR INNOVATIVE PRO- PROGRAM PURPOSES.—The Secretary may use ‘‘(c) APPLICATION.— GRAMS. not more than 3 percent of funds appro- ‘‘(1) IN GENERAL.—Each State desiring a ‘‘(a) GRANT PROGRAM AUTHORIZED.—The priated to carry out this section for pro- grant under this section shall submit an ap- Secretary, acting through the Administrator viding technical assistance to grantees, ob- plication to the Secretary at such time, in of the Health Resources and Services Admin- taining assistance of experts and consult- such manner, and containing such informa- istration, is authorized to award grants to ants, holding meetings, development of tion as the Secretary may reasonably re- States for the purpose of helping States de- tools, dissemination of information, evalua- quire. velop and implement innovative programs to tion, and carrying out activities that will ex- ‘‘(2) ASSURANCES.—The application shall address the dental workforce needs of des- tend the benefits of a program funded under include assurances that the State will meet ignated dental health professional shortage this section to communities other than the the requirements of subsection (d) and that areas in a manner that is appropriate to the community served by the program funded. the State possesses sufficient infrastructure ‘‘(e) GRANTEE REQUIREMENTS.— States’ individual needs. to manage the activities to be funded ‘‘(b) STATE ACTIVITIES.—A State receiving ‘‘(1) IN GENERAL.—A grantee under this sec- through the grant and to evaluate and report tion shall— a grant under subsection (a) may use funds on the outcomes resulting from such activi- ‘‘(A) report to the Secretary annually re- received under the grant for— ties. ‘‘(1) loan forgiveness and repayment pro- garding— ‘‘(d) MATCHING REQUIREMENT.—The Sec- grams for dentists who— ‘‘(i) progress in meeting the goals and retary may not make a grant to a State measurable objectives set forth in the grant ‘‘(A) agree to practice in designated dental health professional shortage areas; under this section unless that State agrees application submitted by the grantee under that, with respect to the costs to be incurred subsection (b); and ‘‘(B) are dental school graduates who agree to serve as public health dentists for the by the State in carrying out the activities ‘‘(ii) such additional information as the for which the grant was awarded, the State Secretary may require; and Federal, State, or local government; and ‘‘(C) agree to— will provide non-Federal contributions in an ‘‘(B) provide for an independent annual fi- amount equal to not less than 40 percent of nancial audit of all records that relate to the ‘‘(i) provide services to patients regardless of such patients’ ability to pay; and Federal funds provided under the grant. The disposition of funds received through the State may provide the contributions in cash grant. ‘‘(ii) use a sliding payment scale for pa- tients who are unable to pay the total cost of or in kind, fairly evaluated, including plant, ‘‘(2) PROGRESS.—The Secretary may not equipment, and services and may provide the renew an annual grant under this section for services; contributions from State, local, or private an entity for a fiscal year unless the Sec- ‘‘(2) dental recruitment and retention ef- sources. retary is satisfied that the consortium rep- forts; resented by the entity has made reasonable ‘‘(3) grants and low-interest or no-interest ‘‘(e) REPORT.—Not later than 5 years after and demonstrable progress in meeting the loans to help dentists who participate in the the date of enactment of the Health Care goals and measurable objectives set forth in medicaid program under title XIX of the So- Safety Net Amendments of 2001, the Sec- the entity’s grant application for the pre- cial Security Act (42 U.S.C. 1396 et seq.) to retary shall prepare and submit to the appro- ceding fiscal year. establish or expand practices in designated priate committees of Congress a report con- ‘‘(f) TECHNICAL ASSISTANCE.—The Sec- dental health professional shortage areas by taining data relating to whether grants pro- equipping dental offices or sharing in the retary may, either directly or by grant or vided under this section have increased ac- overhead costs of such practices; contract, provide any entity that receives a cess to dental services in designated dental ‘‘(4) the establishment or expansion of den- grant under this section with technical and health professional shortage areas. other nonfinancial assistance necessary to tal residency programs in coordination with meet the requirements of this section. accredited dental training institutions in ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(g) REPORT.—Not later than September 30, States without dental schools; There is authorized to be appropriated to 2005, the Secretary shall prepare and submit ‘‘(5) programs developed in consultation carry out this section, $50,000,000 for the 5- to the appropriate committees of Congress a with State and local dental societies to ex- fiscal year period beginning with fiscal year report on the progress and accomplishments pand or establish oral health services and fa- 2002.’’.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2754 CONGRESSIONAL RECORD — SENATE April 16, 2002 TITLE V—RURAL HEALTH CLINICS at 2:30 p.m. to hold a hearing titled, ington, DC; Laurie E. Ekstrand, Direc- SEC. 501. EXEMPTIONS FOR RURAL HEALTH ‘U.S. Mexican Relations: Unfinished tor, Justice Issues, U.S. General Ac- CLINICS. Agenda.’’ counting Office, Washington, DC; and (a) EXEMPTIONS FROM COINSURANCE RE- Casey Gwinn, City Attorney for San QUIREMENTS.—Section 1128B(b)(3)(D) of the Witnesses Diego, San Diego, CA. Social Security Act (42 U.S.C. 1320a– AGENDA 7b(b)(3)(D)) is amended by striking ‘‘a Feder- The PRESIDING OFFICER. Without ally qualified health care center’’ and insert- Panel 1: The Honorable Silvestre objection, it is so ordered. ing ‘‘a rural health clinic (as defined in sec- Reyes, Chairman, Congressional His- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT tion 1861(aa)) to which members of the Na- panic Caucus, Washington, DC. MANAGEMENT, RESTRUCTURING AND THE DIS- tional Health Service Corps are assigned Panel 2: The Honorable Alan P. Lar- TRICT OF COLUMBIA under section 333 of the Public Health Serv- son, Undersecretary for Economic, Mrs. CLINTON. Mr. President, I ask ice Act, or a Federally qualified health cen- Business, and Agricultural Affairs, De- unanimous consent that the Com- ter (as defined in section 1861(aa))’’. partment of State, Washington, DC; mittee on Government Affairs Sub- (b) EXEMPTIONS FROM DEDUCTIBLE REQUIRE- MENTS.—Section 1833(b)(4) of the Social Secu- the Honorable John Taylor, Undersec- committee on Oversight of Government rity Act (42 U.S.C. 1395l(b)(4)) is amended by retary for International Affairs, De- Management, Restructuring and the striking ‘‘such deductible shall not apply to partment of Treasury, Washington, DC; District of Columbia be authorized to Federally qualified health center services.’’ and Mr. Stuart Levey, Associate Dep- meet on Tuesday, April 16, 2002 at 10 and inserting ‘‘such deductible shall not uty Attorney General, Department of a.m. for a hearing to examine ‘‘Are You apply to rural health clinic services made Justice, Washington, DC. Really Who You Say You Are? Improv- available through a rural health clinic to Panel 3: Ms. Barbara Shailor, Direc- ing the Reliability of State-Issued which members of the National Health Serv- tor, International Affairs Department, Drivers’ Licenses.’’ ice Corps are assigned under section 333 of the Public Health Service Act, provided to AFL–CIO, Washington, DC; Mr. Steven The PRESIDING OFFICER. Without an individual who qualifies for subsidized M. Ladik, President, American Immi- objection, it is so ordered. services under the Public Health Service Act gration Lawyers Association, Wash- f or Federally qualified health center serv- ington, DC; Mr. Gregori Lebedev, Chief ices,’’. Operating Officer and Executive Vice NOTICE—REGISTRATION OF MASS TITLE VI—STUDY President, International Policy, U.S. MAILINGS SEC. 601. GUARANTEE STUDY. Chamber of Commerce, Washington, The filing date for 2002 first quarter The Secretary of Health and Human Serv- DC; and Ms. M. Delal Bear, Senior Fel- mass mailing is April 25, 2002. If your ices shall conduct a study regarding the abil- low and Director, Mexico Project, Dep- office did no mass mailings during this ity of the Department of Health and Human uty Director, Americas Program Cen- period, please submit a form that Services to provide for solvency for managed ter for Strategic and International states ‘‘none.’’ care networks involving health centers re- Studies; Washington, DC. Mass mailing registrations, or nega- ceiving funding under section 330 of the Pub- lic Health Service Act. The Secretary shall The PRESIDING OFFICER. Without tive reports, should be submitted to prepare and submit a report to the appro- objection, it is so ordered. the Senate Office of Public Records, 232 priate Committees of Congress regarding COMMITTEE ON HEALTH, EDUCATION, LABOR, Hart Building, Washington, DC 20510– such ability not later than 2 years after the AND PENSIONS 7116. date of enactment of the Health Care Safety Mrs. CLINTON. Mr. President, I ask The Public Records office will be Net Amendments of 2001. unanimous consent that the Com- open from 8 a.m. to 6 p.m. on the filing TITLE VII—CONFORMING AMENDMENTS mittee on Health, Education, Labor, date to accept these filings. For further SEC. 701. CONFORMING AMENDMENTS. and Pensions be authorized to meet for information, please contact the Public (a) HOMELESS PROGRAMS.—Subsections a hearing on medical privacy during Records office at (202) 224–0322. (g)(1)(G)(ii), (k)(2), and (n)(1)(C) of section the session of the Senate on Tuesday, f 224, and sections 317A(a)(2), 317E(c), 318A(e), April 16, 2002, at 10 a.m. 332(a)(2)(C), 340D(c)(5), 799B(6)(B), 1313, and The PRESIDING OFFICER. Without HEALTH CARE SAFETY NET 2652(2) of the Public Health Service Act (42 AMENDMENTS OF 2001 U.S.C. 233, 247b–1(a)(2), 247b–6(c), 247c–1(e), objection, it is so ordered. 254e(a)(2)(C), 256d(c)(5), 295p(6)(B), 300e–12, SPECIAL COMMITTEE ON AGING Mr. REID. Mr. President, I ask unan- and 300ff–52(2)) are amended by striking Mrs. CLINTON. Mr. President, I ask imous consent that the Senate now ‘‘340’’ and inserting ‘‘330(h)’’. unanimous consent that the Special proceed to Calendar No. 192, S. 1533. (b) HOMELESS INDIVIDUAL.—Section 534(2) of Committee on Aging be authorized to The PRESIDING OFFICER. The the Public Health Service Act (42 U.S.C. meet on Tuesday, April 16, 2002 from clerk will report the bill by title. 290cc–34(2)) is amended by striking ‘‘340(r)’’ The assistant legislative clerk read and inserting ‘‘330(h)(5)’’. 2:30 p.m. in Dirksen 192 for the purpose of conducting a forum. as follows: f The PRESIDING OFFICER. Without A bill (S. 1533) to amend the Public Health AUTHORITY FOR COMMITTEES TO objection, it is so ordered. Service Act to reauthorize and strengthen MEET the health centers program and the National SUBCOMMITTEE ON CRIME AND DRUGS Health Service Corps, and to establish the COMMITTEE ON COMMERCE, SCIENCE, AND Mrs. CLINTON. Mr. President, I ask Healthy Communities Access Program, TRANSPORTATION unanimous consent that the Judiciary which will help coordinate services for the Mrs. CLINTON. Mr. President, I ask Subcommittee on Crime and Drugs be uninsured and underinsured, and for other unanimous consent that the Com- authorized to meet to conduct a hear- purposes. mittee on Commerce, Science, and ing on ‘‘Leading the Fight: The Vio- There being no objection, the Senate Transportation be authorized to meet lence Against Women Office’’ on Tues- proceeded to consider the bill. on Tuesday, April 16, 2002, at 9:30 am on day, April 16, 2002 at 10:15 a.m. in Dirk- Mr. REID. Mr. President, it is my un- the Technology Administration and sen 226. derstanding Senator KENNEDY has a the National Institute of Standards Panel I: Diane Stuart, Director, Vio- substitute amendment at the desk. I and Technology, including the Ad- lence Against Women Office, Office of ask unanimous consent that the vanced Technology Program (ATP). Justice Programs, U.S. Department of amendment be considered, agreed to, The PRESIDING OFFICER. Without Justice, Washington, DC. and the motion to reconsider be laid objection, it is so ordered. Panel II: Attorney General Thurbert upon the table; that the bill, as amend- COMMITTEE ON FOREIGN RELATIONS E. Baker (to be introduced by the Hon- ed, be read the third time, passed, and Mrs. CLINTON. Mr. President, I ask orable Max Cleland), Office of the At- the motion to reconsider be laid upon unanimous consent that the sub- torney General of Georgia, Atlanta, the table, without intervening action committee on Western Hemisphere, GA; Chief Judge Vincent J. Poppiti, or debate. Peace Corps, and Narcotics affairs of Family Court for the State of Dela- The PRESIDING OFFICER. Without the Committee on Foreign Relations be ware, Wilmington, DE; Lynn Rosen- objection, it is so ordered. authorized to meet during the session thal, Executive Director, National Net- The amendment (No. 3134) was agreed of the Senate on Tuesday, April 16, 2002 work to End Domestic Violence, Wash- to.

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — SENATE S2755 ICES UNIVERSITY OF THE HEALTH SCIENCES FOR A To be major (The amendment is printed in today’s TERM EXPIRING JUNE 20, 2003, VICE CAROL JOHNSON RECORD under ‘‘Text of Amendments.’’) JOHNS. BRYAN C. SLEIGH, 0000 The bill (S. 1533), as amended, was L. D. BRITT, OF VIRGINIA, TO BE A MEMBER OF THE BOARD OF REGENTS OF THE UNIFORMED SERVICES UNI- IN THE MARINE CORPS read the third time and passed. VERSITY OF THE HEALTH SCIENCES FOR THE REMAIN- THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR DER OF THE TERM EXPIRING MAY 1, 2005, VICE JOHN F. f APPOINTMENT TO THE GRADE INDICATED IN THE POTTER. UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., LINDA J. STIERLE, OF MARYLAND, TO BE A MEMBER OF SECTION 624: ORDERS FOR WEDNESDAY, APRIL THE BOARD OF REGENTS OF THE UNIFORMED SERVICES 16, 2002 UNIVERSITY OF THE HEALTH SCIENCES FOR A TERM EX- To be lieutenant colonel PIRING MAY 1, 2007, VICE SHIRLEY LEDBETTER JONES. WILLIAM C. DE LA PENA, OF CALIFORNIA, TO BE A LESTER H. EVANS JR., 0000 Mr. REID. Mr. President, I ask unan- TIMOTHY M. HATHAWAY, 0000 imous consent that when the Senate MEMBER OF THE BOARD OF REGENTS OF THE UNI- FORMED SERVICES UNIVERSITY OF THE HEALTH THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR completes its business today, it ad- SCIENCES FOR A TERM EXPIRING JUNE 20, 2007, VICE ROB- APPOINTMENT TO THE GRADE INDICATED IN THE journ until the hour of 10 a.m. tomor- ERT E. ANDERSON, TERM EXPIRED. UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DEPARTMENT OF JUSTICE SECTION 624: row, Wednesday, April 17. I further ask JAMES E. MCMAHON, OF SOUTH DAKOTA, TO BE UNITED To be lieutenant colonel that immediately following the prayer STATES ATTORNEY FOR THE DISTRICT OF SOUTH DA- MICHAEL H. GAMBLE, 0000 and the pledge, the Journal of pro- KOTA FOR THE TERM OF FOUR YEARS, VICE KAREN ELIZ- ABETH SCHREIER, RESIGNED. THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR ceedings be approved to date, the DAVID WILLIAM THOMAS, OF DELAWARE, TO BE APPOINTMENT TO THE GRADE INDICATED IN THE morning hour be deemed to have ex- UNITED STATES MARSHAL FOR THE DISTRICT OF DELA- UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., WARE FOR THE TERM OF FOUR YEARS, VICE TIMOTHY SECTION 624: pired, the time for the two leaders be PATRICK MULLANEY, SR., TERM EXPIRED. reserved for use later in the day, and STEPHEN ROBERT MONIER, OF NEW HAMPSHIRE, TO BE To be lieutenant colonel UNITED STATES MARSHAL FOR THE DISTRICT OF NEW THOMAS P. BARZDITIS, 0000 the Senate proceed to Executive ses- HAMPSHIRE FOR THE TERM OF FOUR YEARS, VICE RAY- sion and vote on Executive Calendar MOND GERARD GAGNON, TERM EXPIRED. THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR JOSE GERARDO TRONCOSO, OF NEBRASKA, TO BE APPOINTMENT TO THE GRADE INDICATED IN THE No. 760—this is one of the judges I UNITED STATES MARSHAL FOR THE DISTRICT OF NE- UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., should note we have been asked to ap- BRASKA FOR THE TERM OF FOUR YEARS. (REAPPOINT- SECTION 624: MENT) prove—that any statements therein be GARY EDWARD SHOVLIN, OF PENNSYLVANIA, TO BE To be lieutenant colonel UNITED STATES MARSHAL FOR THE EASTERN DISTRICT printed in the RECORD, the President be FRANKLIN MCLAIN, 0000 OF PENNSYLVANIA FOR THE TERM OF FOUR YEARS, immediately notified of the Senate’s VICE ALAN D. LEWIS. THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR action, and the Senate return to legis- THOMAS M. FITZGERALD, OF PENNSYLVANIA, TO BE APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARSHAL FOR THE WESTERN DISTRICT UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., lative session, all without intervening OF PENNSYLVANIA FOR THE TERM OF FOUR YEARS, SECTION 624: VICE FRANK POLICARO, JR., TERM EXPIRED. action or debate. RANDY PAUL ELY, OF TEXAS, TO BE UNITED STATES To be lieutenant colonel The PRESIDING OFFICER. Without MARSHAL FOR THE NORTHERN DISTRICT OF TEXAS FOR A. D. KING JR., 0000 THE TERM OF FOUR YEARS, VICE D. W. BRANSOM, JR., objection, it is so ordered. RICHARD A. RATLIFF, 0000 TERM EXPIRED. Mr. REID. I ask unanimous consent RUBEN MONZON, OF TEXAS, TO BE UNITED STATES THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR that it be in order to ask for the yeas MARSHAL FOR THE SOUTHERN DISTRICT OF TEXAS FOR APPOINTMENT TO THE GRADE INDICATED IN THE THE TERM OF FOUR YEARS, VICE HIRAN ARTHUR UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., and nays on this nomination. CONTRERAS, TERM EXPIRED. SECTION 624: The PRESIDING OFFICER. Without IN THE NAVY To be lieutenant colonel objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD C. SCOTT, 0000 Mr. REID. I ask for the yeas and IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR nays. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: APPOINTMENT TO THE GRADE INDICATED IN THE The PRESIDING OFFICER. Is there a To be vice admiral UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., sufficient second? There appears to be SECTION 624: a sufficient second. VICE ADM. RICHARD W. MAYO, 0000 To be lieutenant colonel IN THE AIR FORCE The yeas and nays were ordered. JOHN J. FAHEY, 0000 THE FOLLOWING NAMED OFFICER FOR A REGULAR AP- THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR f POINTMENT IN THE GRADE INDICATED IN THE UNITED APPOINTMENT TO THE GRADE INDICATED IN THE STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: PROGRAM UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be colonel SECTION 624: Mr. REID. Mr. President, the Senate MICHAEL B. TIERNEY, 0000 To be lieutenant colonel will vote on the nomination of Lance THE FOLLOWING NAMED OFFICER FOR A REGULAR AP- MARK A. KNOWLES, 0000 Africk to be United States District POINTMENT IN THE GRADE INDICATED IN THE UNITED IN THE NAVY Judge for the Eastern District of Lou- STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT isiana at approximately 10 a.m. tomor- TO THE GRADE INDICATED IN THE UNITED STATES row; that is, after the prayer and the DONALD R. COPSEY, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: pledge. Following this vote, the Senate IN THE ARMY To be captain will resume consideration of the energy THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DUANE W. MALLICOAT, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE reform bill with the ANWR amend- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ments pending. TO THE GRADE INDICATED IN THE UNITED STATES To be colonel NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: f MICHAEL D. ARMOUR, 0000 To be captain WILLIAM A. BANKHEAD JR., 0000 ADJOURNMENT UNTIL 10 A.M. PHILLIP H. GLISE, 0000 FRANCIS MICHAEL PASCUAL, 0000 LAWRENCE H. ROSS, 0000 TOMORROW THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALEXANDRA P. SHATTUCK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES DAVID J. WHEELER, 0000 Mr. REID. If there is no further busi- NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ness to come before the Senate, I ask THE FOLLOWING NAMED ARMY NATIONAL GUARD OF To be captain unanimous consent that the Senate THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY LARRY D PHEGLEY, 0000 stand in adjournment under the pre- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JEFFREY ROBERT VANKEUREN, 0000 vious order. To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT There being no objection, the Senate, BRYAN T. MUCH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES at 6:57 p.m., adjourned until Wednes- LIONEL D. ROBINSON, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain day, April 17, 2002, at 10 a.m. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO ARTHUR KELSO DUNN, 0000 f THE GRADE INDICATED IN THE RESERVE OF THE ARMY CHARLES RUSSELL KRUMHOLTZ, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: NOMINATIONS WAYNE TYLER NEWTON, 0000 To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Executive nominations received by CARL V. HOPPER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES the Senate April 16, 2002: TIMOTHY A. REISCH, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain COMMODITY FUTURES TRADING COMMISSION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARK THOMAS DAVISON, 0000 WALTER LUKKEN, OF INDIANA, TO BE A COMMISSIONER UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY ROBERT MCFETRIDGE, 0000 OF THE COMMODITY FUTURES TRADING COMMISSION ROBIN ROCHELLE MCPHILLIPS, 0000 FOR A TERM EXPIRING APRIL 13, 2005, VICE DAVID D. To be major RICHARD SHANT ROOMIAN, 0000 SPEARS, TERM EXPIRED. JOHN R. CARLISLE, 0000 DEPARTMENT OF DEFENSE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN VINICIO E. MADRIGAL, OF LOUISIANA, TO BE A MEMBER TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE UNITED STATES NAVAL RESERVE UNDER TITLE 10, OF THE BOARD OF REGENTS OF THE UNIFORMED SERV- MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTION 624: U.S.C., SECTION 12203:

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 9801 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2756 CONGRESSIONAL RECORD — SENATE April 16, 2002 To be captain KATHRYN D YATES, 0000 THOMAS R JACOB, 0000 RAYMOND B JAHN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JENNITH ELAINE HOYT, 0000 THOMAS J JARDINE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MARCIA MONTGOMERY N WILSON, 0000 JEFFREY B JEROME, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT A. WOOD, 0000 ELLEN M JEWETT, 0000 To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KIRK G JOHANSEN, 0000 ROBERT J JOHNSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MICHAEL P ARGO, 0000 STEVEN E JOHNSON, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JEFFREY M BRUSOSKI, 0000 JANET P JORDAN, 0000 To be captain JEFFREY F CARLSON, 0000 MARK E DONAHUE, 0000 EDWARD J KANE, 0000 EDMUND WINSTON BARNHART, 0000 ROBERT W FOWLER, 0000 PETER L KENNEDY, 0000 MARTIN CHRISTIAN DEWET, 0000 DAVID D FOY, 0000 KRISS M KENNEDY, 0000 PHILIP ALAN KING, 0000 JOHN C HALL, 0000 JAMES D KENT, 0000 MARK FRANCIS LILLY JR., 0000 KEVIN R HEMPEL, 0000 JASON L KESSEL, 0000 PAUL MICHAEL SHAW, 0000 JAMES F IANNONE, 0000 ANDREW L KILGORE, 0000 L M SILVESTER, 0000 KENNETH C IRELAND, 0000 WILLIAM R KILLEA, 0000 MARK W KRAUSE, 0000 RALPH W KIVETTE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH R LEWKO, 0000 ALAN E KNUTH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ROBERT E LOUZEK, 0000 ROBERT G KOERBER, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: KEVIN G MCCARTHY, 0000 JOHN M KREGER, 0000 CARL J MURRAY, 0000 To be captain GRANT E KRUEGER, 0000 GEORGE W MYERS JR., 0000 DOUGLAS J KURTZ, 0000 EDWARD M PHELPS, 0000 ROBERT M CRAIG, 0000 RICHARD M KYNASTON, 0000 PATRICK JAMES MURPHY, 0000 STEVEN J RICHEY, 0000 LESTER M LAMBERTH, 0000 RAYMOND CRAIG WINSLOW, 0000 STEVEN L RICHTER, 0000 DAVID J LEBLANC, 0000 MELANIE SUZANNE WINTERS, 0000 CHARLES M SAYLOR, 0000 GERARD B SCHOENFELD, 0000 MICHAEL W LEONARD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK S SPENCER, 0000 KENNETH A LISS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES RANDALL P LITTLE II, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHEN R LYON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES To be captain STEWART L MAGRUDER JR., 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: KEITH J MAHOSKY, 0000 ROBERT K BAKER, 0000 To be captain HARRY A MARSH, 0000 PETER J BLAKE, 0000 ARMANDO M MARTINEZ, 0000 RICHARD J CAMARDA, 0000 RONALD D ABATE, 0000 VALERIE A MAURER, 0000 STEVEN J DELONG, 0000 SANDRA E ADAMS, 0000 CHARLES M MCCLESKEY, 0000 GARY S ALMEIDA, 0000 ROBERT A DEMARINIS, 0000 ROBERT W MCDOWELL, 0000 CRAIG F ARNDT, 0000 OWEN J DOHERTY, 0000 MONI MCINTYRE, 0000 BRIAN O BARRETT, 0000 JAN S DOWNING, 0000 ERICSON W MENGER, 0000 PAUL L BARRY, 0000 DAVID W FIELDS, 0000 NORMAN H MESSINGER, 0000 CARYN F BARRY, 0000 JAMES E MERCANTE, 0000 CHRISTOPHER G MILLER, 0000 PETER E PETRELIS, 0000 MARK W BAUCKMAN, 0000 JOHN L BEDKER, 0000 WILLIAM C MILLS, 0000 RICHARD J ROCKWOOD, 0000 ROBERT V MILLS, 0000 RICHARD H RUSSELL, 0000 THOMAS J BELKE, 0000 BROOKS D BERG, 0000 ROBIN Y MORISHITA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN C BISHOP, 0000 ROBERT G MORISSETTE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES THOMAS M BOERUM, 0000 TIMOTHY S MOXON, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THOMAS E BOUGAN, 0000 JORGE L MUNOZ, 0000 To be captain GERALD L BOUTS, 0000 WILLIAM J MURTAGH III, 0000 JEAN D BOUVET, 0000 JOHN E MYERS, 0000 DAVID S CARLSON, 0000 THOMAS H BOYCE, 0000 PHILIP O NOLAN, 0000 FRANCIS CHAN, 0000 STEVEN C BRADFORD, 0000 KEVIN K NONAKA, 0000 CARL CHING, 0000 WILLIAM K BRISTOW, 0000 GEORGE M NORMAN, 0000 PAUL S GLANDT, 0000 JOHN M BRODARICK, 0000 KENNETH W NOVOTNY, 0000 ALMA M GROCKI, 0000 RICHARD H BROWN, 0000 JAMES P OHARA, 0000 FREDERICK HOOVER, 0000 NEAL G BUNDO, 0000 PAULA L OSTROM, 0000 ERIC J KARELL, 0000 ROBERT D CHANDLER, 0000 MICHAEL E OTTLINGER, 0000 ROLF G LUND, 0000 CHARLES J CHANDONNET, 0000 JOSEPH C PAPALSKI, 0000 DREW D NELSON, 0000 BRIAN G CHESLACK, 0000 CONWAY D PATERNOSTRO, 0000 RAYMOND D OTOOLE JR., 0000 KEVIN W CHIZEK, 0000 LARRY A PECK, 0000 THADDEUS A PEAKE III, 0000 MICHAEL D CHRISTOPHER, 0000 DOUGLAS E PENCE, 0000 ANTHONY PELLEGRINO, 0000 STEVEN W COLON, 0000 JOEL PICKERING, 0000 PHILIP A PERRY, 0000 STANLEY K COOK, 0000 THOMAS J PINSON III, 0000 GREGORY A PORPORA, 0000 PETER J CORCORAN, 0000 EDWARD F POSS III, 0000 JOHN G POSADAS, 0000 RAYMOND J CRAVAACK JR., 0000 JULIUS I PRYOR, 0000 THOMAS A JR ROLLOW, 0000 JACK R CROCKETT, 0000 BRIAN L QUISENBERRY, 0000 ARTURO C CUELLAR, 0000 CHRISTOPHER S TAGGART, 0000 ALAN K RAGAN, 0000 PHILLIP L DALTON, 0000 MICHAEL J ZULICH, 0000 HERMAN P REDDICK, 0000 DANIEL S DAVIDSON, 0000 PAUL J REESE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID J DELANCEY, 0000 ALAN L RIDNOUR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MARGARET A DEMING, 0000 ROBERT M RIVERA, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: GREGORY M DENKLER, 0000 ROBERT E ROCHFORT JR., 0000 To be captain DONALD E DENSFORD JR., 0000 TONEY R DOLLINS, 0000 SUSAN P SAUNDERS, 0000 JOHN J ALDA, 0000 BRENT A DORMAN, 0000 JOSEPH T SCHARTUNG, 0000 CHARLES K APGAR, 0000 ANDREW W EBERHART, 0000 STEPHEN K SCHINI, 0000 KAREN M ARMESON, 0000 MICHAEL F ERICKSON, 0000 DAVID R SCHOENE, 0000 HENRY J BABIN, 0000 RUSSELL R ERVIN, 0000 STEPHEN J SCHRADER, 0000 WILLIAM E BATTLE II, 0000 RUDOLPH N ESCHER, 0000 ALVIN D SEARS, 0000 JAMES F BIANCHI, 0000 STEVEN M FARR, 0000 STEPHEN E SHEELY, 0000 CHRISTOPHER W BIRD, 0000 JAMES R FENTON, 0000 KENT E SHERRER, 0000 MARK D BURROWS, 0000 GREGORY R FINE, 0000 VIRGINIA R SIMPSON, 0000 JAY S CAPUTO, 0000 MICHAEL R FINN, 0000 MICHAEL P SMITH, 0000 CHRISTINE E CARTY, 0000 BERNARD L FLANK, 0000 JEFFRY R SPENCER, 0000 WILLIAM C DODGE, 0000 ROBERT A FORD, 0000 ROBERT C SPERO, 0000 ROBERT L DOLEZAL, 0000 DAVID M FOSTER, 0000 JOSEPH C SPITEK, 0000 RANDY E DUNCAN, 0000 JEFFREY W FUNDERBURK, 0000 JAMES E STAHLMAN, 0000 BRIAN E ERWIN, 0000 SIMEON C GARRIOTT JR., 0000 JOHN B STANLEY, 0000 BRIAN D FILA, 0000 BRADLEY D GAWBOY, 0000 WILLIAM G STARK, 0000 KAREN F GERRINGER, 0000 HARVEY R GERRY, 0000 DAVID R STASER, 0000 WILLIAM S GIECKEL, 0000 AURELIUSB GIBSON JR., 0000 DANNY A STEWART, 0000 CHRISTOPHER K GIFFIN, 0000 DAVID A GILLILAND, 0000 DAVID R STITZLEIN, 0000 ROBERT E GREGOIRE, 0000 JOHN B GIUDA, 0000 MARK A STOFFEL, 0000 GEORGE E HAPLEA, 0000 KATHLEEN E GOUGH, 0000 VICTOR B STUCKEY, 0000 DON L HAYES JR., 0000 JOSEPH A GRACE, 0000 T D STUDWELL, 0000 FRANK J HEFESTAY JR., 0000 JEFFREY H GREEN, 0000 HENRY B STUEBER, 0000 CHARLTON T HOWARD II, 0000 MICHAEL J GUNNING, 0000 EUGENE P SULLIVAN, 0000 DAVID R JAHN, 0000 STEPHEN A GUSTIN, 0000 TINA J TALLEY, 0000 JEFFREY W JOHNSON, 0000 JAMES R GWYN, 0000 ANDREW C TAYLOR, 0000 MICHAEL E KENNEDY, 0000 KENNY D HARRIS, 0000 MICHAEL THOMPSON, 0000 PATRICK M KINSEY, 0000 JACOB A HARRISON, 0000 DAVID P TORMA, 0000 ROBERT D LIVINGSTON, III, 0000 WILLIAM G HARRISON, 0000 JAMES J TOWNSEND, 0000 MICHAEL W LUTCHE, 0000 KEVIN J HAUGHEY, 0000 TIMOTHY P LYON, 0000 GEORGE A HAYES III, 0000 PAUL M ULMER, 0000 WILLIAM H MITCHELL, 0000 FRANCIS C HEIL, 0000 MICHAEL J VANBROCKLIN, 0000 JENNIFER S NASH, 0000 THOMAS J HIGGINS, 0000 RICHARD M VANDERHOEVEN, 0000 JEFFREY A NELSON, 0000 THOMAS G HILTZ, 0000 MICHAEL F VANVLECK, 0000 E J NUSBAUM, 0000 KATHRYN P HIRE, 0000 TIMOTHY C VICKERS, 0000 POMPEI L ORLANDO JR., 0000 KEVIN D HOLWELL, 0000 JOSEPH F VONSAUERS, 0000 LAURENT C REINHARDT, 0000 WILLIAM G HOMAN, 0000 BOBBY D WALDEN, 0000 TIMOTHY C RILEY, 0000 DANIEL W HUDSON, 0000 DOUGLAS E WEATHERFORD, 0000 JOHN W ROGERS, 0000 EUGENE G HUETHER, 0000 ERIC A WIEMAN, 0000 DAVID A ROSENBERG, 0000 MARK G HUNN, 0000 ANDREAS M WILSON, 0000 ERIC D SEELAND, 0000 DENNIS J HUNT, 0000 STEVEN W WILSON, 0000 MICHAEL A VANHORN, 0000 GERALD A JABLONSKI, 0000 BILL L YANCEY, 0000 CANDACE C VESSELLA, 0000 ROBERT W JACKSON, 0000 GLENN L ZITKA, 0000

VerDate Mar 15 2010 20:37 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 9801 E:\2002SENATE\S16AP2.REC S16AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E529 EXTENSIONS OF REMARKS

‘‘PAUL REVERE FORUM’’ AND THE The latest example of such noble whistle- detective Frank Serpico, who exposed police PAUL REVERE FREEDOM TO blowing is Enron’s Sherron Watkins, who corruption in the 1970s, as well as from five WARN ACT brought to light the accounting fiction of people who have warned that the United Enron’s books. States remains vulnerable to terrorist at- But she, like many whistleblowers, had dif- tacks. HON. STEVE ISRAEL ficulties getting the truth out. About 90 per- They included Randy Robage, a former nu- OF NEW YORK cent of whistleblowers experience some re- clear power plant supervisor, who said those IN THE HOUSE OF REPRESENTATIVES prisal or threat of one. facilities remain at risk; former security of- ficer Mathew Zipoli and government consult- Monday, April 15, 2002 A public forum is being held on Capitol Hill this week to drum up more protection ant Ronald E. Timm, who alleged that secu- Mr. ISRAEL. Mr. Speaker, on February for public truthtellers whether they be in rity is lax at nuclear weapons research facili- 27th, 2002, I was honored to be joined by a aviation, nuclear power plants, border secu- ties; Darlene Catalan, a former U.S. Customs number of American patriots for a forum on rity, or the military. agent who said railroad tanker cars aren’t my legislation, the Paul Revere Freedom To Many parts of government rely on secrecy being adequately checked for explosives at for their work but, as Tom Devine of the the borders; and Bogdan J. Dzakovic, the Warn Act. leader of a Federal Aviation Administration The courage of the whistleblowers who watchdog Government Accountability Project points out in these post-9/11 days: security team who went public this week joined me that day was wonderful testimony to ‘‘Secrecy can be a threat to national secu- with allegations that government officials the power of the individual and to the respon- rity. It can sustain government breakdowns ignored problems for years. sibility we all have to monitor our national se- that create vulnerability to terrorism.’’ Dzakovic said he led a security team that curity. Brave men and women have taken The 1989 Whistleblower Protection Act was able to get weapons or explosives past great personal risks to protect all of us. Now needs to have some loopholes closed, and a airport checkpoints in 1998 but that the FAA we must do a better job protecting them. bipartisan effort within Congress to do just failed to follow up. that is gaining momentum. The Office of Special Counsel, which inves- For years, whistleblowers have been forced tigates whistle-blower cases, asked the to make personal sacrifices in order to do Congress should seize the opportunity to make sure citizens who sound the alarm Transportation Department to review what is right. I would submit that, at the least, have the rights—and protections—they need Dzakovic’s complaints on Feb 5; his allega- whistleblowers deserve to be free from retalia- in order to help safeguard the greater soci- tions were first reported on Monday by USA tion for simply doing what is right. ety. Today. Yesterday, Dzakovic said he contin- The is why I sponsored the Paul Revere ued to work for the new federal Transpor- tation Security Administration. FAA offi- Freedom to Warn Act. This legislation would [From the Washington Post, Feb. 28, 2002] merely give people a remedy. This legislation cials have declined to discuss the matter but MORE HELP SOUGHT FOR THOSE WHO BLOW maintained that security problems have been would merely say that any whistleblower who WHISTLE addressed. is retaliated against (in contravention of the (By Bill Miller) Advocates said that two measures pending Lloyd-LaFollette Act, which is current law), in Congress would protect other whistle- Joined by government insiders who had blowers so they could raise similar concerns should have the right to seek redress for their gone public with concerns about lapses in se- without fear of reprisals. harm. curity at airports, nuclear facilities and bor- I would like to thank all those who attended The first is a proposed amendment to the ders, three watchdog groups yesterday called 1989 law, backed by Rep. Constance A. the forum on February 27th as well as the for stronger federal laws to protect whistle- event’s sponsors, the Government Account- Morella (R–Md.), that would change the blowers from workplace retaliation. standards to make it easier to win cases. The ‘‘We can do a lot more to defend national ability Project, the Project on Government other is a bill that would make it illegal for security by listening to the messengers,’’ Oversight, and the National Whistleblower public or private employers to retaliate said Tom Devine, legal director for the Gov- Center. In particular, I would like to thank against whistle-blowers and would permit ernment Accountability Project. ‘‘These peo- former New York Police Detective Frank Ser- them to take their cases before federal ju- ple are the pros on the front lines, and ries. Its backers include Rep. Steve Israel pico for detailing his personal account. Mr. they’ve been beating their heads against bu- (D–N.Y.) and Sen. Charles E. Grassley (R– Serpico, who courageously exposed police reaucratic walls for years and warning that corruption in the 1970’s, is a shining example Iowa). we’re not prepared.’’ The timing is urgent, Israel said, adding: of how one person’s courage can change the But, Devine said, those who come forward ‘‘I think it’s vital that Americans are fully system and make life better for millions of run the risk of being harassed, demoted or aware of their level of security at our air- people. put out of work because of loopholes in the ports and that people working in the federal I was moved by the heroism of these indi- federal laws meant to protect them. government aren’t afraid of alerting the pub- The 1989 Whistleblower Protection Act was viduals and unsettled by our failure to protect lic to these conditions.’’ supposed to protect federal employees, who them in the past. This was no less true with wanted to expose misconduct, waste or Mr. Bogdan Dzakovic, whose efforts to warn abuse. But it has been narrowly interpreted [From the Government Employee Relations the FAA about serious flaws in airport security, by the U.S. Court of Appeals for the Federal Report, Mar. 5, 2002] were virtually ignored. Matthew Zipoli, Randy Circuit to exclude employees who first take WHISTLEBLOWERS WOULD GET ACCESS TO Robarge, Ronald E. Timm, and Darlene their allegations to supervisors or co-work- COURTS, RIGHT TO SEEK DAMAGES UNDER Catalan, other patriots and whistleblowers, told ers, Devine said. Judges also have demanded NEW BILL their stories, and I thank them as well for re- that employees present ‘‘irrefragable,’’or in- Federal whistleblowers would be able to minding us that whistleblowers need our pro- disputable, proof of the credibility of their bypass the Merit Systems Protection Board disclosures, a nearly impossible standard, and go directly to U.S. district court, where tection now more than ever. Devine said. Mr. Speaker, I ask that articles dealing with they could seek compensatory and punitive Devine spoke at an event billed as the damage, under legislation introduced in the the forum and whistleblower issues from the ‘‘Paul Revere Forum,’’ in honor of the Revo- House Feb. 26 by Rep. Steve Israel (D–N.Y.). Christian Science Monitor, the Washington lutionary War hero who rode through Massa- The Paul Revere Freedom to Warn Act Post and the Bureau of National Affairs’ Gov- chusetts in 1775 to warn that the British (H.R. 3806) also would allow state and local ernment Employee Relations Report appear in troops were coming. Two other groups—the government whistleblowers, as well as pri- the RECORD at this time. Project on Government Oversight (POGO) vate sector whistleblowers, to bring claims and the National Whistleblower Center— in federal court, providing an alternative [From the Christian Science Monitor, Feb. joined the call for tougher legislation. venue to the current patchwork of laws af- 28, 2002] ‘‘Rather than admit their failings, large in- fecting those whistleblowers. DEFENDING WHISTLEBLOWERS stitutions always seek to destroy the mes- The bill provides that any person experi- The public is well served by the courageous senger, no matter how high the stakes,’’ said encing whistleblower retaliation for commu- few who put their careers at risk by going Danielle Brian, POGO’s executive director. nicating with Congress or federal law en- public about a dangerous or unethical situa- The organizations presented first-person forcement agencies may bring a civil ac- tion in their area of work. accounts from former New York City police tion—and is entitled to a jury trial—in the

∑ 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 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A16AP8.000 pfrm03 PsN: E16PT1 E530 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 2002 appropriate federal trial court within three ernor and confirmed by the State Senate, he In addition to the prestige Monina brings to years of the date of the violation. Suits also served on many committees including her school and the pride she instills in her stu- against any person, organization, or em- Government Relations and Geriatric, and was dents, the rewards of being a PAEMST award- ployer responsible for a violation may seek lost wages and benefits; reinstatement; at- also President of the New York State Associa- ee also includes a grant of $7,500 which will torneys’ fees and costs; compensatory and tion of Boards of Visitors. His leaving will be employed for the benefit of her school. This punitive damages; and equitable, injunctive, leave a hole in our hearts and our abilities. goes a long way towards furthering her goals and other appropriate relief. Al and his wife Vera have been married for and examples. Remedy for Inconsistent Coverage. One of 55 years. They had six children who in turn It gives me great pleasure to recognize and the purposes of the bill, according to Tom gave them six grandchildren. I offer him my highlight the contributions of Ms. Monina Devine, executive director of the Govern- sincerest congratulations for all he has done, Sunga and her fellow teachers. Having been a ment Accountability Project, a nonprofit and it is a lot. I join with the countless others former classroom teacher herself, I am aware groups based in Washington, D.C., is to put teeth into the congressional right-to-know he knows and has helped in wishing the very of the sacrifices and high standards expected law, the Lloyd LaFollette Act of 1912. While best in all that he does. He has made the from those in the teaching profession. I would that bill made whistleblower retaliation ille- world a better place. like to take this opportunity to express my ap- gal, he said, it did not provide for a legal f preciation and admiration for the teachers remedy. Various whistleblower statutes pro- whose constant contributions instill exemplary vide administrative remedies for federal and MONINA SUNGA RECIPIENT OF 2001 values and shape the lives of our children, our nonfederal workers, but the coverage of PRESIDENTIAL AWARD FOR EX- communities and our future. those laws is inconsistent, Devine said in CELLENCE IN MATHEMATICS talking points prepared for a Feb. 27 press AND SCIENCE TEACHING f event to announce the introduction of the (PAEMST) COMMEMORATING THE TAIWAN new legislation. RELATIONS ACT Legislation introduced by Sen. Daniel K. Akaka (D–Hawaii) June 7, 2001, in the Senate HON. ROBERT A. UNDERWOOD and by Rep. Constance A. Morella (R–Md.) OF GUAM HON. MARK STEVEN KIRK July 23, 2001, in the House as S. 995 and H.R. IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS 2588, respectively, would strengthen the IN THE HOUSE OF REPRESENTATIVES Whistleblower Protection Act, which is de- Tuesday, April 16, 2002 signed to protect federal whistleblowers (39 Mr. UNDERWOOD. Mr. Speaker, the Presi- Tuesday, April 16, 2002 GERR 865, 8/7/01). Among other things, the dential Awards for Excellence in Mathematics Mr. KIRK. Mr. Speaker, as we mark the Akaka and Morella bills would clarify what and Science Teaching Program (PAEMST) is types of information disclosures are pro- 23rd anniversary of the Taiwan Relations Act tected from prohibited personnel practices designed to recognize our nation’s outstanding today, I wish to comment on the special rela- such as retaliation. teachers. Administered by the National tionship between the United States and Tai- Science Foundation (NSF), recipients of the wan. f program’s awards serve as role models for In 1978, President Jimmy Carter switched IN TRIBUTE TO AL AGOVINO peers. They focus interest upon the teaching diplomatic recognition from the Republic of profession, encourage high quality teachers to China to the People’s Republic of China. To HON. ELIOT L. ENGEL remain in the field of education, and generate ensure Taiwan would continue to prosper and the enthusiasm required to foster the next OF NEW YORK grow, Congress passed the Taiwan Relations generation of teachers. IN THE HOUSE OF REPRESENTATIVES Act in 1979. For the last twenty-three years, One of the outstanding individuals to be the Taiwan Relations Act has worked exceed- Tuesday, April 16, 2002 honored this year is Ms. Monina Sunga, a ingly well, providing Taiwan with the nec- Mr. ENGEL. Mr. Speaker, Al Agovino is a science teacher from the Vicente S.A. essary security, while reminding the Chinese man who knows how to give of himself. He Benavente Middle School in Dededo, Guam. mainland not to use force against this flour- started, officially, in the Pacific Theater with Monina joined fellow-awardees from all over ishing democracy. On this 23rd anniversary, it Motor Torpedo Squadron 36 and was awarded the United States in a visit to our Nation’s cap- is important to remind everyone that the five Battle Stars. ital where they were honored for their achieve- United States stands behind the spirit of the Back home in the Bronx he has also been ments. During her visit to Washington, DC, Taiwan Relations Act. generous with his time and ability. At St. she had the opportunity to meet and confer The United States continues to enjoy a Benedict’s Church he has been President of with government and education officials along longstanding and healthy relationship with Tai- the Holy Name Society and Co-ordinator of with other awardees. Having received this wan. The people of Taiwan have always stood the Church Ushers and of the Blood Bank. He honor, she became part of a growing network shoulder to shoulder with us, and we should has been Grand Knight of St. Luke’s Council of exceptional teachers. stand by them as well. I rise today in recogni- of the Knights of Columbus. He has served on Monina has been described as ‘‘a teacher tion of these continued positive relations be- the New York State Autism Advisory Council. who takes a hand, opens a mind and touches tween Taiwan and the United States. He also serves on the Bronx Consumer Coun- a heart.’’ To her students, she is a counselor, f cil. supporter and friend. Having been a teacher He has also served on the Bronx Develop- on Guam for more than twenty-five years, JEREMY J. WARREN’S HONOR FOR mental Disabilities Service Office Parent Asso- Monina claims to have found the ‘‘fountain of SERVICE ON SEPTEMBER 11, 2001 ciation, on the Human Resources Administra- youth’’ within her mind and within her class- tion Advisory Council, and on the New York room. Convinced that her youthful disposition HON. LARRY COMBEST State Commission on Quality Care for the is derived from her students, she has made it OF TEXAS Mentally Disabled Advisory Council. known that she intends to say as a classroom IN THE HOUSE OF REPRESENTATIVES If that wasn’t enough he has been a vital instructor for as long as she is able to do so. advocate for parents and for all people with To her fellow teachers she imparts the knowl- Tuesday, April 16, 2002 developmental disabilities and their families. edge that the true joy of teaching is achieved Mr. COMBEST. Mr. Speaker, I rise today to He has served on the Board of the Associa- when teachers ultimately inspire students to commend Jeremy J. Warren for his selfless tion for the Help of Retarded Children and in learn. service to citizens of the United States during that capacity rarely missed a meeting in over As a science teacher, Monina found that the September 11 tragedy in New York. twenty years. His presence has made AHRC going beyond the assigned readings is a very Jeremy and 11 of his classmates at the a force in its field. efficient method of teaching the subject. She United States Merchant Marine Academy were More immediately, I rise today to speak of firmly believes that healthy interaction in con- called to aid in rescue efforts merely hours Mr. Agovino with some sadness, for he is retir- junction with hands-on training for the children after the World Trade Centers collapsed. Jer- ing from the Board of Visitors Association after are keys to successful learning. She encour- emy used his extensive rescue training to help 25 years of constant and devoted service. The ages her students to use their natural environ- search the debris during the critical post-col- Board oversees conditions and the quality of ment as their laboratories. Her students are lapse hours in hopes of finding survivors. Jer- life offered to patients in the State Psychiatric acquainted with learning tools derived from the emy worked at ground zero through the night and Developmental Centers. While on the simplest of things and they respond with great and was relieved from the operation in the Board, to which he was named by the Gov- enthusiasm to her teaching method. early morning hours of September 12.

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15AP8.012 pfrm03 PsN: E16PT1 April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E531 In 1994, Jeremy graduated from Midland RICHARD DAVID KAHN MELANOMA the only one in the group able to dive deep Lee High School in my congressional district. FOUNDATION enough to reach the boy at the bottom of the He sought a nomination to the United States pool. On his first attempt, Vincent could only Merchant Marine Academy and was granted HON. MARK FOLEY get close enough to see that the boy was not the appointment. In June 2002, Jeremy will OF FLORIDA just holding his breath. He then re-surfaced, graduate from this institution. The excellent IN THE HOUSE OF REPRESENTATIVES drew a big breath and dove again. He reached training Jeremy received at King’s Point paid the submerged boy’s body and grabbed a hold off not only for himself but also his country. Tuesday, April 16, 2002 of him. The drowned boy was taller and heav- Mr. Speaker, it is my honor to publicly thank Mr. FOLEY. Mr. Speaker, I would like to ex- ier, but Vincent managed to bring him to the Jeremy for his actions on September 11, press my support for the Richard David Kahn surface. 2001, and to extend my congratulations to him Melanoma Foundation and to recognize May By then, the commotion had drawn adult at- on the occasion of his upcoming graduation. I 6, 2002 as Melanoma Monday, Skin Cancer tention and base emergency responders were wish him nothing but the best for the future. Awareness Day. This year alone, over one summoned immediately. The boy was not million Americans will be diagnosed with some breathing and had to be resuscitated. He was f form of skin cancer. Out of the one million di- transported to the Naval Regional Medical agnosed—10,000 of those will die—that Center, where he spent two days in the Inten- IN TRIBUTE TO MARY A. GAINES equals one person every hour. sive Care Unit. According to medics, the boy This number is unconscionable given the was only seconds away from death, but Vin- fact that skin cancer is 100 percent prevent- cent’s effort made the difference. After five HON. ELIOT L. ENGEL able and curable when detected early. Our days in the hospital, the boy was released and OF NEW YORK most powerful tool against this disease is edu- is now well and fully recovered. cation. I commend the actions of the Palm Vincent went home from school that day IN THE HOUSE OF REPRESENTATIVES Beach County-based Richard David Kahn and made no mention of the incident to his Tuesday, April 16, 2002 Melanoma Foundation for its relentless efforts parents, Guam National Guardsman, CWO in educating the people of South Florida about Vincent A. and Agnes Cruz Sablan, of Mr. ENGEL. Mr. Speaker, the Carter G. the dangers of melanoma and the steps need- Dededo. He resumed his sixth-graders life, Woodson Award of Mercy College has been ed to prevent it. The Foundation reaches more watching television, playing with his friends, given annually since 1986 to notable contribu- than 10,000 local residents directly each year being reminded to do his chores and strug- tors to African American life and history. This through the many school and community- gling with his homework. It wasn’t until base year the awardee is Mary A. Gaines, the exec- based presentations and special events. security called and reported to CWO Sablan utive director of the Nepperhan Community I would encourage my constituents, and the that his son was a genuine hero. Center. I am proud to consider her a good American people at large, as we come close Mr. Speaker, as parents, we strive to teach friend. to the summer of 2002, that they avoid peak our children right from wrong, to instill in them Early in her life Mary knew she wanted to sunlight hours (10:00 a.m. to 3:00 p.m.), when the virtues and values we hold dear. We try to work with young people. She came to Yonkers the Sun’s rays are most intense. I would also prepare them for life as responsible adults and from North Carolina and studied at Mercy Col- recommend that anyone going outside use the we hope that they make right decisions and lege and Westchester Community College. appropriate sun block and minimize their ex- do good things. Just as we are dismayed Since 1968 she has served in various capac- posure. when they stumble, we must praise when they ities in the Nepperhan Community Center, an Every year we spend billions of dollars on shine. Last December, Vincent witnessed organization serving a wide range of commu- curing thousands of diseases. Melanoma can something wrong. He realized that someone’s nity needs. be cured by simple education and awareness. life was at stake and that he had to do some- Indeed Mary has touched the lives of hun- I am proud of the work that the Foundation thing to help. He did not panic or turn away dreds, if not thousands of young people in her has done and am proud to recognize May 6, from a threatening situation. Instead, he did time at the Community Center. During that 2002, Melanoma Monday, Skin Cancer Aware- what he knew was right, and what he did was same period of time the Nepperhan Commu- ness Day. extraordinary. He saved a life. Afterward, he nity Center grew from a small, cramped facility f did not brag about his deed. He sought no ac- to one occupying a renovated and spacious colades or rewards. Even so, this young man building. The youth programs have become COMMENDATION FOR 11-YEAR OLD deserves our gratitude and our praise, for much more solidly funded and the number of LIFESAVER, VINCENT MICHAEL proving that, when taught, children will be re- programs serving the community has grown to CRUZ SABLAN sponsible even from an early age. I take great include the Adolescent Pregnancy Prevention pride and pleasure in commending Vincent Mi- Service Program, the Independent Living HON. ROBERT A. UNDERWOOD chael Cruz Sablan. He truly is a lifesaver and Skills/Careers for Youth, the Youth Commu- OF GUAM merits recognition as such. nications Network, Act for Youth, the Yonkers IN THE HOUSE OF REPRESENTATIVES The youngest of four children, the ‘‘baby’’ of Success Training Academy, and the Drug Tuesday, April 16, 2002 his family, Vincent has already proven himself Free Program, among many others. to be a valuable member of the Guam com- Mr. UNDERWOOD. Mr. Speaker, as island- munity. I join his parents and his siblings, Mi- She has also served in other distinguished ers, the people of my home district of Guam organizations such as the United Way of Yon- chael, Angela and Steven, in saying, ‘‘Well are particularly sensitive to water-related acci- Done, Vincent!’’ kers, the Black Women’s Political Caucus, the dents, whether in the ocean, in a swimming f New York State Division for Youth Advisory pool or in a bathtub. All too often, we are sad- Board, the Yonkers Community Development dened by the news of drowning tragedies, es- TRIBUTE TO LYNNE SILBERT Agency Board, and many others. pecially those which claim the lives of children. Needless to say she has received many A physical education class at the Andersen Air HON. HOWARD L. BERMAN awards for her good works. She attends the Force Base swimming pool last December Mount Carmel Baptist Church, serving on its OF CALIFORNIA would have ended in another such tragedy, if IN THE HOUSE OF REPRESENTATIVES Missionary Society and Education Committee. not for the quick action of 11-year old Vincent She epitomizes the adage that if you want Michael Cruz Sablan, a sixth-grade student at Tuesday, April 16, 2002 something done, ask a busy person to do it. DODEA’s Andersen Middle School. Mr. BERMAN. Mr. Speaker, I am greatly She has worked for several generations of On December 19, 2001, as his classmates honored today to pay tribute to one of my Yonkers youth, helping and guiding them with frolicked in and around the water, Vincent and most unique and closest friends, Lynne her knowledge and experience, and her love. his friends noticed that another boy was lying Silbert, who has been chosen to receive the If Yonkers is a better place, and it is, we can motionless on the bottom in the deep end of prestigious Human Spirit Award from the thank Mary Gaines, and those who share her the pool. At first they thought the boy was Wellness Community of West Los Angeles. dedication and devotion to making the lives of fooling around, testing his ability to hold his It is hard to find words to adequately de- its people better. Congratulations Mary, I’m breath underwater, but they soon realized that scribe Lynne. Lovely and charming, inside and proud to know you and Yonkers is fortunate to the boy was in trouble. A self-taught swimmer out, she has touched a myriad of lives. She is have you. with no formal lifesaving training, Vincent was warm and generous, but truly defined by her

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.004 pfrm03 PsN: E16PT1 E532 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 2002 enormous desire to serve humanity. She is tive Vice President of the Mount Vernon Chap- practical, environmentally-friendly balance be- funny and fun; a companion to do something ter of the N.A.A.C.P., former Treasurer of the tween a structure’s comfort and its crazy with and a friend so loyal and so sen- Independent Citizen’s League, former Presi- functionality. They have set the bar very high, sitive that your moment of need is the moment dent of the Mount Vernon Lions Club, former and I hope this building’s influence extends she is at your side. She approaches life as member of the Board of Directors of the West- beyond the university setting and into the she approaches her work, with passion and a chester Opportunity Program, and former realm of business and commercial develop- great heart. As an aside, my wife Janis and I member of the Mount Vernon Day Care Cen- ment. will always remember her opening her home ter. On Friday, April 19, 2002 Donald Bren Hall to us for our wedding. He did all of this while working full time for will be officially welcomed to the Santa Bar- The daughter of distinguished and philan- Met Life for his first nine years in Mount bara community, Mr. Speaker, I hope my col- thropic parents, Lillian and Harvey Silbert, Vernon. leagues will join me today in congratulating Lynne chose—as a young widow with two Besides all of the above, he served as the University of California, Santa Barbara for small children—to go back to school. She re- Commissioner of Human Rights, as the City of its vision and commitment to working with and ceived her degree in counseling and started Mount Vernon Deputy Controller for 14 years, on the behalf of our precious environment her career with a small nonprofit organization and is a member of the Westchester County f that provided support, education and hope to Board of Elections and the New York State cancer patient and their families. She has Election Commissioner Association. CONGRATULATING STUDENTS helped that organization grow from a small He has worked hard to make his community FROM STEVENSON HIGH SCHOOL yellow house in Santa Monica to an inter- a better place to live and he has succeeded IN LINCOLNSHIRE, ILLINOIS national organization with facilities throughout admirably, I and many others in Mount Vernon the United States and in Japan and Israel. have long admired his diligence and his ability HON. MARK STEVEN KIRK Over 19 years later, Lynne is still with the to achieve results. We are all thankful that we OF ILLINOIS Wellness Community. She has led thousands have Reggie among us. I am thankful to know IN THE HOUSE OF REPRESENTATIVES of support groups, and has infused thousands him and to be his friend. Tuesday, April 16, 2002 of cancer patients with hope and determina- f tion. Especially noteworthy is her work with Mr. KIRK. Mr. Speaker, I would like to con- children—both the kids of cancer patients and RECOGNIZING THE NEW DONALD gratulate nine students from Stevenson High those who suffer with cancer themselves. Be- BREN HALL AT THE UNIVERSITY School in Lincolnshire, Illinois who competed loved by adolescents because she never has OF CALIFORNIA, SANTA BAR- in the prestigious U.S. Academic Decathlon lost her own youthfulness, she has both cre- BARA contest over the weekend. Created in 1981, ated and facilitated hundreds of groups to sup- the rigorous program tests students in 10 cat- port young people battling this dread disease. HON. LOIS CAPPS egories: art, economics, essay, interview, lan- It takes enormous skill, empathy and grace to OF CALIFORNIA guage and literature, mathematics, science, do this difficult work. Lynne has an abundance IN THE HOUSE OF REPRESENTATIVES social science, speech, and super-quiz. This year’s super-quiz topic was ‘‘E–Communica- of each of these attributes. Tuesday, April 16, 2002 Her good works aren’t limited, however, to tion: The Internet and Society.’’ the Wllness Community. She is a member of Mrs. CAPPS. Mr. Speaker, it is with great Stevenson’s decathlon team has risen to the Cedars-Sinai Medical Center Board of pleasure that I rise today to recognize one of statewide prominence since it was formed six Governors and is active with the American the ‘‘greenest’’ commercial buildings in the Na- years ago. The team placed seventh in the Illi- Friends of Hebrew University. She is the tion, Donald Bren Hall. This important struc- nois competition in 1997 and fourth the two mother of two accomplished daughters: Jill ture houses the Donald Bren School of Envi- following years. The squad placed fifth in and Gina and, although you’d never know it, ronmental Science & Management at the Uni- 2000, second last year and third this year in the grandmother of four. She is married to a versity of Southern California, Santa Barbara the state-wide competition. distinguished member of Los Angeles’ medical and is a living laboratory for sustainable green The team who competed over the weekend community, Dr. Seth Weingarten. building practices and materials. in Phoenix, Arizona consisted of: Julia Wal- Mr. Speaker, distinguished Colleagues, I Donald Bren Hall incorporates all of the lat- lace, a senior from Long Grove; Jessica ask you today to join me in saluting Lynne est elements of sustainable design, including Eggert, a senior from Hawthorn Woods; Dan Silbert and congratulating her this honor, solar photovoltaic panels that capture the sun- Pyster, a senior from Lincolnshire; Dan which she so richly deserves. She embodies light to provide almost 10 percent of the build- Kaplan, a senior from Lincolnshire; Jackie the Spirit of Humanity. To know her is to be ing’s electricity, natural air cooling using ocean Lantz, a senior from Buffalo Grove; Chad greatly blessed and to find your life immeas- breezes and energy-efficient lamps and bal- Spiegel, a senior from Buffalo Grove; Ryan urably enriched. lasts, including motion and ambient light sen- Schaefges, a senior from Buffalo Grove; Eric f sors to control lighting levels. Swanson, a junior from Buffalo Grove; and Recyclable materials are used throughout Jeff Waxman, a junior from Buffalo Grove. IN RECOGNITION OF REGINALD the building, including reclaimed carpets, rub- I want to commend these students and LAFAYETTE ber flooring made from recycled tires, ceiling teachers who have worked tirelessly on the tiles made from cornstarch and recycled paper weekends and after school to prepare to HON. ELIOT L. ENGEL and roofing materials that insulate and reduce achieve this goal. The team from Stevenson OF NEW YORK energy consumption. Windows have a device entered the competition ranked 10th in the na- IN THE HOUSE OF REPRESENTATIVES that automatically shuts off the room’s heating tion. They faced 55 schools from 40 states system when opened and reclaimed water is which were broken up into three divisions Tuesday, April 16, 2002 used for irrigation. The building will use 27 to based on their size. The Stevenson team Mr. ENGEL. Mr. Speaker, since he arrived 40 percent less electricity than a conventional placed 8th in the largest division and 11th in in Mount Vernon from Charleston, South Caro- structure. the nation. Congratulations for all your hard lina 30 years ago, Reginald Lafayette has held The new Donald Bren Hall will achieve the work. so many responsible positions in the City we Platinum rating from the U.S. Green Building f can rightly ask; Could we have gotten along Council for Leadership in Energy and Environ- without him. mental Design—or LEED—which is the high- CONGRATULATING MR. JAMES He started in politics as a Democratic Dis- est level of distinction given to a capital project ‘‘BUTCH’’ BLEVINS trict Leader, a position he still holds. Some of that meets or exceeds the strictest require- the other positions he holds or has held are ments of the LEED Green Building Rating HON. PETER J. VISCLOSKY the Democratic Chairman of the City of Mount System. OF INDIANA Vernon, member of the Westchester County Mr. Speaker, clearly this building is a role IN THE HOUSE OF REPRESENTATIVES Democratic Executive Committee, member of model not only for UCSB, but also for other the Black Democrats of Westchester, former university campuses throughout the state and Tuesday, April 16, 2002 member of the United States Selective Service country. This building stands as a testament to Mr. VISCLOSKY. Mr. Speaker, it is with Board No. 104, former member of the Mount what is possible when engineers, suppliers great pleasure and enthusiasm that I wish to Vernon Postal Service Board, former Execu- and architects work together to achieve a congratulate Mr. James ‘‘Butch’’ Blevins for his

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.008 pfrm03 PsN: E16PT1 April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E533 thirty-seven years of dedicated service to Iron- now retiring so he can collect his Social Secu- We have spent considerable time over the workers Local #395 in Hammond, Indiana. rity benefits. And he has earned them. He years promoting expanded pension coverage James will be honored for his strong commit- joined the Social Security Administration in and portability. But we have also tried to en- ment to the Ironworkers at a retirement party 1961 as a claim representative in Pough- sure that American workers’ pensions and re- to be held on Saturday, April 20, 2002 at the keepsie. Three years later he was promoted to tirement savings are protected. I have always St. Elijah Serbian-American Hall in Merrillville, Field Representative and four years later pro- argued that there are three necessary compo- Indiana. His leadership and desire for excel- moted again to Operations Supervisor at the nents of a successful retirement system: (1) lence in all of his activities have made James Flatbush District Office. In 1970 he became an accessibility; (2) security; and (3) information. a popular figure among his fellow members, Assistant District Manager, also in Brooklyn. These are exactly the issues that we are and his departure will be felt throughout the Three years later he was promoted to his facing today. We need to provide our workers organization. present position, where he has served honor- easier access to pensions so that they have Throughout its seventy-eight year history, ably and well for the past 29 years. the ability to save for retirement. We must en- the devoted members of Ironworkers Local Mr. Langlais was born in Maine, graduated sure that retirement savings are secure. And #395 have displayed the commitment and from Siena College, and served as a Seabee we must ensure that workers have the infor- work ethic that we in Northwest Indiana value in the U.S. Navy for two years where he oper- mation they need to make wise choices to so highly. I can remember as a child hearing ated and designed construction equipment. He fully achieve their retirement goals. my father, an Ironworker himself, tell us the and his wife Toni live in Yonkers. The bill before us today addresses all of stories of his friends and their experiences to- Mr. Langlais has served the people of these important points. The Pension Security gether in the workplace. Ironworkers are a America in their government for 41 years. It is Act of 2002 will: (1) provide workers greater loyal, hard-working, dedicated group of individ- people like him who make our society work. I freedom to diversify and manage their own re- uals who strive to produce the highest quality congratulate him and thank him for the dili- tirement funds; (2) give workers quarterly in- gence and dedication he has done, work that product that is possible. James ‘‘Butch’’ formation about their investments and rights to has made the lives of so many of our citizens Belvins has exemplified these characteristics diversify them; (3) expand workers’ access to better. for thirty-seven years at Local #395. investment advice; and (4) ensure that senior During his thirty-seven years as a member f corporate executives are held to the same re- of Ironworkers Local #395, James served as PENSION SECURITY ACT OF 2002 strictions as average American workers during an elected officer for twenty-one years. He ‘‘blackout periods.’’ currently holds the title of Business Agent, and SPEECH OF In spite of the flaws exposed by the Enron also serves as the Trustee to the Health and HON. MARGE ROUKEMA debacle, we must be careful not to dissuade Welfare Plan, as well as the Trustee to the OF NEW JERSEY employers from providing such plans to their Northwestern Indiana Building Trades. His ac- IN THE HOUSE OF REPRESENTATIVES workers. Even while we make reforms to pro- tive role in these positions has been a tremen- tect retirement savings, we must continue to Thursday, April 11, 2002 dous asset to his fellow union members as encourage employers to make generous con- well as to the entire Northwest Indiana com- Mrs. ROUKEMA. Mr. Speaker, I am deeply tributions to workers’ 401(k) plans. munity. James also served as a Hammond concerned about Enron employees and retir- Workers must also be free to choose how to Precinct Committeeman and as President of ees who invested a substantial portion of their invest their retirement savings. It is not our the Hammond Economic Development Com- retirement assets in Enron stock and are now role to tell employees how to manage their mittee. His personal commitment and dedica- facing financial uncertainty. I would like to pension plans. However we can ensure that tion to the citizens of Indiana’s First Congres- commend Chairman BOEHNER for working ex- employees have the ability to sell company sional district has been outstanding. peditiously to produce a package of reforms stock and diversify into other investment op- Although he has been a devoted worker and that will help protect the retirement savings of tions. And we can also guarantee employees union member, James has always put his fam- millions of American workers. access to information and advice regarding ily first. He, along with his wife, Sally, takes By virtue of my service on two key Commit- their pensions and investments. We have al- great pride in raising their three children, Jim, tees—the Committee on Education and Work- ready recognized the importance of equipping Chad, and Eric. James’ retirement will allow force and the Committee on Financial Serv- workers with the knowledge to make wise de- him to spend even more time with his loved ices—I wear more than one hat when it comes cisions for their future, but we must now make family, something he eagerly awaits. to Enron. As you know, the Financial Services this proposal a reality. Mr. Speaker, I ask that you and my other Committee is working to determine how the I am pleased that this bill contains important distinguished colleagues join me in congratu- regulatory system failed in the Enron case and provisions to work toward ensuring fiduciary lating Mr. James ‘‘Butch’’ Blevins on his retire- how reforms could correct these shortcomings. responsibility. Specifically, at Committee mark- ment after thirty-seven years of faithful and Our focus today is retirement security. The up I offered two amendments which are con- diligent service to Ironworkers Local #395 in issues raised by the Enron bankruptcy have tained in the bill before us today. Hammond, Indiana. James has been a valu- serious implications for millions of Americans EDUCATIONAL RESOURCES FOR PLAN FIDUCIARIES able member to his union as well as to his who depend on their employers’ pension plans community, and his service to Northwest Indi- for their retirement. Our actions today will help The first provision requires the Secretary of ana will be greatly missed. I wish him the best to protect nearly 50 percent of American Labor to ensure that information and edu- of luck in his future endeavors, and I hope that households. cational resources are made available to per- he enjoys his retirement for many years to I represent a section of the country that has sons serving as fiduciaries under employee come. become known as a bedroom community for benefit plans in order to assist them in dili- gently and effectively carrying out their fidu- f thousands of men and women who work every day in one of the most important financial dis- ciary duties. IN RECOGNITION OF GERARD tricts on the planet. The confidence of these There has been a lot of talk on Capitol Hill LANGLAIS professionals has been shaken over the past about the rigorous fiduciary duties under few months. They come to doubt some of the ERISA. Many argue that ERISA subjects fidu- HON. ELIOT L. ENGEL very institutions they previously had come to ciaries to what is considered the highest fidu- OF NEW YORK rely on. It is obvious that these concerns are ciary obligation in the law, namely an express trust. IN THE HOUSE OF REPRESENTATIVES echoed throughout the country. Since the enactment of ERISA in 1974, al- ERISA requires that fiduciaries have a duty Tuesday, April 16, 2002 most half of American households have joined of loyalty, prudence, diversification, and that Mr. ENGEL. Mr. Speaker, Social Security the ‘‘shareholder society’’ by investing in the they act in accordance with plan documents. benefits have become, since their inception, a stock market, many through their employer- Plan fiduciaries are required to discharge their mainstay of America’s elderly. The men and provided defined contribution plans. Today, 42 duties ‘‘solely in the interest of participants women who work in the Social Security Ad- million workers hold 401(k) accounts amount- and beneficiaries’’ and for the ‘‘exclusive pur- ministration are responsible for seeing that our ing to $2.0 trillion in retirement assets. Private pose’’ of providing benefits and defraying rea- elderly and dependents get the benefits they pension plans—including 401(k)s—are crucial sonable expenses of administering the plan.’’ have earned through a lifetime of work. to retirement security for millions of Ameri- The law requires that the ‘‘assets of a plan One such man is Gerard Langlais, the Man- cans. These workers need to have full con- shall never inure to the benefit of any em- ager of the East Bronx District Office, who is fidence in the security of their pension plans. ployer.’’ It requires that fiduciaries act with the

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.012 pfrm03 PsN: E16PT1 E534 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 2002 care, skill, prudence, and diligence that a pru- real and can be detrimental to plan partici- PENSION SECURITY ACT OF 2002 dent person familiar with such matters would pants. Outside experts would be able to give use in similar circumstances. independent advice to the plan fiduciaries be- SPEECH OF The responsibilities of fiduciaries are very cause they are not beholden to the employer. HON. RODNEY P. FRELINGHUYSEN clear in ERISA. I know these rules exist and It makes sense that competent professional OF NEW JERSEY the ERISA lawyers know it too—The problem advisors should assist with retirement plan in- IN THE HOUSE OF REPRESENTATIVES is that oftentimes the actual fiduciaries are not vestment management. Employers’ strict fidu- aware of or do not understand these strict ciary responsibilities should necessitate con- Thursday, April 11, 2002 rules governing their behavior. sultation with competent investment man- Mr. FRELINGHUYSEN. Mr. Speaker, today, What the Enron debacle has brought to light agers. Some employers do this. However, as I rise in strong support of H.R. 3762 the Pen- is that this carefully crafted law of fiduciary re- we saw with Enron, others do not. In fact, in sion Security Act of 2002. I believe the time to sponsibility is not always followed with the due the case of Enron, the Department of Labor update Federal pension law is now! I also be- diligence that is expected. Many people who has taken steps to replace Enron’s fiduciaries lieve this legislation could have prevented the are charged with operating employee benefit with independent experts. Every day we talk tragic financial consequences of the Enron plans do not understand what their fiduciary about the lessons we have learned from the collapse, which is why I strongly support H.R. roles require. Even worse, many do not under- Enron fiasco. This sounds like a lesson to me. 3762. stand the consequences for violating their fidu- How can we correct the situation of Enron and This legislation will help ensure the safety of ciary obligations. ignore the case of all other workers? Must we the American workers’ pension fund savings This was a problem at a large company like wait for other companies to reach the disaster through the following ways: Enron, as we learned from the testimony of point of Enron before we ensure that inde- First, this legislation holds businesses to a one Enron fiduciary, Cindy Olson. We can be pendent advisors assist with plan manage- higher standard of accountability. Specifically, assured that the fiduciaries for other compa- ment? Every plan should have the benefit of it clarifies that company pension officials who nies are likewise not adequately informed an independent advisor to assist with plan do not act in the best interests of pension about their responsibilities in managing a pen- management. If it makes sense for Enron beneficiaries, can be held liable for breaching sion plan. after-the-fact, it makes sense for all busi- their fiduciary duty; it requires that workers be Dr. Norman Stein testified in front of the nesses before there is a problem! What we given 30 days advance notice of any blackout Education and Workforce Committee that dur- saw in Enron is that when the interest of the period affecting their pensions; and it forbids ing a pension-counseling clinic at the Univer- plan participants was pitted against company employers to sell their stock during ‘‘black out’’ sity of Alabama, a personnel manager ‘‘indi- interests, the participants lost. periods when employees are not permitted to cated that she did not know what a fiduciary As such, we should seriously study the im- sell their stock. Thus, this legislation ensures was, did not know what rules governed a fidu- plications of requiring employers to hire an that the Ken Lay’s of the world, do not get rich ciary behavior, and did not, of course, realize independent advisor to assist in the manage- at the expense of the American workers’ pen- that she herself was a fiduciary.’’ ment of plan assets. Rather than requiring that sion fund savings. This is what is happening in the real world. a new trustee board be created or requiring Second, this legislation empowers the How can we, in good conscience, tell Amer- that the independent advisor serve as a plan American worker by protecting employees ican workers to entrust their retirement secu- manager, I believe we should investigate the against future abuses by giving them more rity to fiduciaries who do not understand the implications of requiring that plan managers control over their investments. Specifically, the rules that govern their behavior? How can we seek advice and guidance from an inde- American worker is empowered with the right ensure that fiduciaries are acting in the sole pendent source regarding the management or to diversify employer stock contributions and interest of participants and beneficiaries if they disposition of plan assets. This is a common the option to sell company stock three years don’t even know this requirement exists? sense approach. after receiving it. I believe that this provision is a modest first I do understand that some employers may Third, this legislation also empowers the step in addressing this lack of knowledge. The be concerned about the implications of such a American worker by increasing their access to Secretary is directed ‘‘to establish a program proposal. This bill requires a study of the issue quality investment advice and by providing under which information and educational re- so we can better understand the specific im- them with more information about their pen- sources are made available on an ongoing pact on retirement savings of requiring fidu- sions. Specifically, it encourages employers to basis to persons serving as fiduciaries under ciary consultants for individual account plans. make investment advice available to their em- employee benefit plans so as to assist them in Specifically, the study would assess: ployees; it allows workers to use a tax-free diligently and effectively carrying out their fidu- (1) The benefits to plan participants and payroll deduction to purchase investment ad- ciary duties.’’ beneficiaries of engaging independent fidu- vice on their own; and it requires companies This provision is just common sense. It ad- ciary advisers to provide investment advice re- to give quarterly reports that include account dresses an issue that most of us thought was garding the assets of the plan to persons who information, as well as their rights to diversify. a given in the implementation of ERISA. The have fiduciary duties. Notably, the Democrat’s alternative for pen- Enron case has demonstrated that we were (2) The extent to which independent advis- sion reform does not address the current incorrect in making that assumption. The De- ers are currently retained by plan fiduciaries. shortcomings in the pension system. Instead, partment of Labor must ensure that fiduciaries (3) The availability of assistance to fidu- the Democratic alternative increases man- understand their responsibilities under the law. ciaries from appropriate Federal agencies. dates and regulations that will result in in- Information dissemination is a necessary first (4) The availability of qualified independent creased costs, which will ultimately discourage step in preventing breaches of fiduciary duties. fiduciary consultants to serve the needs of ac- employers from offering retirement plans alto- I am pleased that my amendment was ac- counts in individual account plans in the gether. cepted unanimously by the Committee and United States. Finally, this legislation will help restore con- thank the Chairman for ensuring that it is con- (5) The impact of the additional fiduciary fidence in America’s pension fund system. tained in the bill that we are voting on today. duty of an independent advisor on the strict fi- A generation of American workers have en- INDEPENDENT ADVISORS FOR FIDUCIARIES duciary obligations of plan fiduciaries. joyed a safe and secure retirement. By pass- The second amendment that was unani- (6) The impact of consulting fees, additional reporting requirements, and new plan duties to ing H.R. 3762 today, we will ensure future mously accepted by the Committee and is in- generations enjoy the same safe and secure cluded here requires a study of the implica- prudently identify and contract with qualified retirement. tions of requiring an independent advisor to independent fiduciary consultants on the avail- provide investment guidance to fiduciaries re- ability of individual account plans. f garding the management or disposition of plan (7) The impact of a new requirement on the WE THE PEOPLE—THE CITIZEN assets. plan administration costs per participant for AND THE CONSTITUTION I am very concerned about the inherent small and mid-size employers and the pension problems of conflict of interest when a firm plans they sponsor. HON. MICHAEL N. CASTLE CONCLUSION must both manage a pension plan and maxi- OF DELAWARE In sum, I am committed to strengthening the mize profit. This conflict of interest is particu- IN THE HOUSE OF REPRESENTATIVES larly acute when the employer has exclusive retirement security of workers and their fami- control over retirement plans. lies. I believe that this bill takes important Tuesday, April 16, 2002 As we learned all too well from our hearings steps to further protect plan participants and I Mr. CASTLE. Mr. Speaker, it is with great on the Enron crisis, this conflict of interest is urge my colleagues to support this legislation. pride that I rise today to congratulate the

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.016 pfrm03 PsN: E16PT1 April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E535 young scholars of Lake Forest High School in 1960s. For this we can thank the police offi- the Apostle Peter whose mission was be- Felton, Delaware who will represent my home cers of our communities who work hard and stowed upon him by Christ himself when he state of Delaware in the We the People... dangerous jobs so our lives will not be dan- said ‘‘Thou art Peter and upon this rock I will The Citizen and the Constitution program. gerous. build my church.’’ Peter Sammon was our rock They are part of a group of 1200 students One such police officer is Larry Brown of and in his 50 years as a priest he continued from across the country who will come to the White Plains Police Department. He grad- to build Christ’s Church. In doing so he Washington, D.C. from May fourth to the sixth uated from White Plains High School, where touched so many lives. Whether as the Arch- to compete in the national finals of this pro- he excelled at track and field. He attended diocesan Director of Family Life counseling gram. These young scholars worked diligently Bradley University and then worked at what is young couples, as the Chaplain of Newman and persistently to reach the national finals now Westchester Medical Center. After a short Center at San Francisco State, or by forming and through this program will gain a deeper stint as a Corrections Officer he joined the po- the parish ministry with Presentation Sisters knowledge and understanding of the funda- lice department twenty years ago. Kathleen and Lucia, he built the Church to do mental principles and values of our constitu- Since then he has enjoyed a varied career the Lord’s work. tional democracy. in law enforcement working in the Detective This was pioneering work, a priest working The names of the honored students are: Division, Records Division, and Warrants Divi- with the sisters to form a parish ministry and Corinne Bartley, Codi Canasa, Jeffery Cham- sion. He has done background checks and training leadership among the laity; this was bers, Nicole Cosey, Heather Crouse, Lena has assisted in recruitment for the Depart- groundbreaking. Peter Sammon was a pioneer Ewing, Michael Field, Danielle Galyean, Davis ment. He currently works in the Patrol Divi- who broke new ground but never left the Gannon, Rebecca Grevis, Darron Johnson, sion. He has also attended a number of train- ground broken. Katie Kindig, Andrea Lewis, Michelle Makdad, ing courses to better enable him to perform as He made the church the center of move- Kathryn McClister, Jennifer Petrucci, Jason a police officer. He has also received a num- ments. Early on, he and Saint Teresa’s Parish Schulties, Warren Thomas Smith, Ann Marie ber of citations and acknowledgments for his took up the cause of the Farm Workers and Strope, Leah West, Ashley Wilson and Holly work. then the Salvadoran refugees. Four years and Wilson. For the past four years he has served as one day before his death, his friend and com- I would also like to extend my congratula- President of the Westchester/Rockland Guard- rade in arms Jimmy Herman passed away. tions to their teachers, Mrs. Amy Reed-Moore ians and represents that worthy organization They were partners in many pursuits. We will and Ms. Betty Wyatt-Dix, who deserve much at national conferences. all long remember their work together to turn of the credit for the success of the team. He is a member of the Union Baptist Church back the ships carrying Salvadoran coffee, The We the People... The Citizen and and the proud father of Komaphi, Shaahid, a their refusal to unload the coffee. Fred Ross the Constitution program is the most extensive sergeant in the U.S. Marine Corps, Allana, just reminded me this morning as we were educational program in the country developed and Christina. crying of the sight of Father Sammon and specifically to educate young students about For his good work and leadership in the law Jimmy Herman on the docks refusing to un- the Constitution and the Bill of Rights. The enforcement community, we all owe him our load the coffee from El Salvador. three-day final competition they will participate thanks and I am proud to be able to honor him We take pride, but we must remember, in consists of hearings modeled after those in in this small way. those actions took courage. Father Sammon was our leader; he not only the United States Congress. The students f made oral presentations before a panel of preached justice, he lived it. Injustice had an adult judges and testify as constitutional ex- IN HONOR OF FATHER PETER impact on Father Sammon that was palpable perts before a ‘‘congressional committee.’’ A SAMMON and he acted upon it. Whether in his leader- panel of adult judges represent various re- ship in the Sanctuary movement or working for gions of the country and a variety of appro- HON. NANCY PELOSI immigrant rights or working for a living wage, priate professional fields served on the con- Father Sammon always lived justice. OF CALIFORNIA gressional committees. These judges follow up Father Sammon considered himself lucky to the testimonies with a series of questions de- IN THE HOUSE OF REPRESENTATIVES be the son of Irish immigrants. It was through signed to test the students’ depth of under- Tuesday, April 16, 2002 his understanding of the courage and deter- standing and their ability to apply constitutional mination of his parents, who came to America Ms. PELOSI. Mr. Speaker, I rise to honor as teenagers, met here and raised their won- knowledge to given situations. the life and work of a remarkable man, Father The We the People program is administered derful family, that he understood the magnifi- Peter Sammon, who died peacefully on March cent contribution that Immigrants make to our by the Center for Civic Education, and has 21, 2002 in San Francisco surrounded by provided curricular materials at upper elemen- country. loved ones. Father Sammon was an inspira- Where some saw people in need, Father tary, middle and high school levels for more tion and a friend to so many people, and we than 26.5 million students nationwide. This Sammon saw newcomers who constantly in- are all forever grateful for his work. We will vigorate America with their courage, their program has promoted civic competence and miss him terribly. The following are my re- responsibility among young students as well hopes and their dreams. He saw their commit- marks from his funeral on March 25th at St. ment to family values, to work and community. as awareness for contemporary relevance of Mary’s Cathedral in San Francisco: the Constitution and Bill of Rights. And he saw a spark of divinity worthy of re- It is with great personal sadness and official spect in every one of them. The team from Lake Forest High School recognition of their loss that I extend my deep- conducted much research in preparation for Peter brought to his struggles the vision, the est sympathy to Tom Sammon and his entire knowledge, a plan of action and the ability to the national competition here in Washington, family. All who loved Peter thank you for shar- D.C. I congratulate them for their fine work attract supporters to his causes. He was a ing him with us and for giving him so much true leader and a great politician. All who were that enabled them to come so far in this com- happiness. petition and to visit our nation’s capital. blessed to know him learned from him—not To Sister Kathleen and Sister Lucia I extend only what to do but how to do it. I certainly did f condolences and appreciation to you for help- and I know I speak for others who were so ing Father Sammon reach his fulfillment on IN TRIBUTE TO LARRY BROWN blessed. Father Sammon challenged the con- earth and giving him the joy of a happy death. science of our society. We look at his work We can all hear him say: ‘‘Here I am Lord.’’ with pride but must remember that it took tre- HON. ELIOT L. ENGEL It should be a source of comfort to you at mendous courage. OF NEW YORK this very, very sad time that so many people The Bible tells us that to minister to the IN THE HOUSE OF REPRESENTATIVES mourn your loss and are praying for you. So needs of God’s creation is an act of worship, many people were blessed by knowing Father to ignore those needs is to dishonor the God Tuesday, April 16, 2002 Sammon. I want to express my appreciation who made us all. By that measure Father Mr. ENGEL. Mr. Speaker, to have a true for being allowed to bear witness to the life of Sammon’s entire life is an act of worship. community we must have a safe community. Peter Sammon. In his life Father Sammon worked on the During the 1990s the rate of crime has been Throughout his life Father Sammon carried side of the angels. Now he is with them. dropping to rates we haven’t seen since the on the legacy established by his namesake Thanks be to God.

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A16AP8.020 pfrm03 PsN: E16PT1 E536 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 2002 IN HONOR OF GENEVIEVE BLACK LUNG BENEFITS This is a fair and just proposal, and one KRUEGER, RECIPIENT OF THE SURVIVORS EQUITY ACT which should have been enacted years ago. In 2002 MCGROARTY POETRY AWARD fact, I have introduced various black lung bills HON. NICK J. RAHALL II since 1988. During the early 1990s the House HON. ADAM B. SCHIFF OF WEST VIRGINIA of Representatives on two occasions passed IN THE HOUSE OF REPRESENTATIVES reform legislation. Much of what was con- OF CALIFORNIA tained in these comprehensive reform bills Tuesday, April 16, 2002 IN THE HOUSE OF REPRESENTATIVES was finally addressed by the Clinton-era rule- Mr. RAHALL. Mr. Speaker, today I am intro- making. However, the subject matter of the bill Tuesday, April 16, 2002 ducing legislation aimed at providing equity in I am introducing today demands action by the the treatment of benefits for eligible survivors Congress. I urge the leadership of this body to Mr. SCHIFF. Mr. Speaker, I rise today to of recipients of black lung benefits. Joining me consider this matter, and to allow this bill to be congratulate Genevieve Krueger, who will re- in introducing this measure is the ranking acted upon this year. ceive the 2002 McGroarty Poetry Award at the Democrat on the Committee on Education and f Shouting Coyote Poetry Festival on April 20, Workforce, GEORGE MILLER of California, and 2002 at Verdugo Hills High School in Sunland the gentleman from Pennsylvania, JOHN MUR- IN RECOGNITION OF JAMES E. Tujunga, in California’s 27th Congressional THA. ROBINSON District. Each year, this award is given to an By way of background, in 1981 the Black individual who demonstrates extraordinary Lung Benefits Act was amended in several re- HON. ELIOT L. ENGEL community service and tireless efforts toward spects at the urging of the Reagan Administra- the advancement of the literary arts. OF NEW YORK tion. The driving motivation for this legislation IN THE HOUSE OF REPRESENTATIVES Twenty-four years ago, Ms. Krueger began at the time was to shore up the finances of the an out-of-print book search business. She Black Lung Disability Trust Fund through Tuesday, April 16, 2002 knew that her love of reading and literature which benefit payments are made to bene- Mr. ENGEL. Mr. Speaker, the future of our would serve her customers well as she ficiaries where mine employment terminated country is indeed our children and a man searched the country for great works of art no prior to 1970, or where no mine operator can being honored tonight, James E. Robinson, is longer in print. In doing so, she set herself out be assigned liability. someone who believes that helping them is as a devotee of the process of good writing After the enactment of this legislation, ad- the highest calling. James Robinson is a and the need to share that writing with the ministrative actions and a number of extremely founder of the Martin Luther King, Jr. Youth world. She is also an avid book collector, with harmful court decisions made it extremely dif- Adults Club. In that capacity for the past 11 a personal collection of more than 15,000 vol- ficult, if not almost impossible, for those suf- years he has worked with and inspired more umes, and volunteers her time with the fering from the crippling disease of black lung than 500 young people. Friends of the Library. to qualify for benefits. However, today, a large Mr. Robinson also served as the Head In 1984, she befriended a group enrolled in number of the problems claimants faced have Coach for baseball and junior varsity basket- a poetry workshop at the McGroarty Arts Cen- been remedied by a Clinton Administration ball at the Alexander Hamilton High School in ter in Sunland Tujunga, California. The class rulemaking that was finalized on December Elmsford while also serving as Assistant Var- disbanded after several sessions, and, recog- 20, 2000. sity Basketball Coach there. He has also nizing the need for writer collaboration, Ms. Yet, two provisions of the 1981 Act in par- worked with the young people Mercy College Krueger invited the group to her home. What ticular continue to be most troublesome, and while serving as Assistant Men’s Basketball began as a workshop became a weekly writ- largely impact, in a very adverse way, sur- Coach. ers group and for sixteen years now, writers viving widows of coal miners who die as a re- But his community service is not limited to have been welcome at Ms. Krueger’s home to sult of black lung disease. coaching our youth. He has served on numer- share their thoughts and their work. As it now stands, due to the 1981 amend- ous committees including the United Way ments, there is a dual and inequitable stand- The group named themselves the Youth Advisory Council, the Westchester ard governing how benefits are handled for Chuparosa Writers after the private home, Community College Advisory Council, the An- surviving spouses of deceased beneficiaries. Rancho Chupa Rosa, of California Poet Lau- nual Martin Luther King, Jr. Breakfast Com- In the event a beneficiary died prior to January reate, Congressman, dramatist, Los Angeles mittee, and the African American Men of 1, 1982—the effective date of the 1981 Act— Times columnist, and historian John Steven Westchester where he is chair of the Youth benefits continued uninterrupted to the sur- McGroarty (1862–1944) and his wife Ida. Committee. viving spouse. However, if the beneficiary dies Today, the private home is the McGroarty Arts Mr. Robinson is also co-founder and Presi- after January 1, 1982, the surviving spouse Center and the annual McGroarty Poetry dent of Fathers and Children Together must file a new claim in order to try to con- Award honors the legacy of John Steven (FACT), an organization of more than 70 fa- tinue receiving the benefits and must prove McGroarty, a legacy that lives on in the work thers from nine different locales in West- that the miner died as a result of black lung of the Chuparosa Writers and of Genevieve chester. disease despite the fact that the miner was al- Krueger. He lives in Greenburgh with his wife, Yo- ready deemed eligible to receive benefits prior landa, and their three children, Nicole, 8, and The Chuparosa Writers meet each Wednes- to death. This is illogical, unfair and out- twins Jasmine and James, Jr. 6. He is some- day to share their work and foster the works landish. one whose gifts will keep giving to the com- of an ever-changing group of writers and po- In addition, as a result of the 1981 law, munity for many generations. For every child etry lovers. They have helped sponsor poetry there is also a dual and inequitable standard he helps will certainly go one to help others of contests for elementary schools, performed governing the basis by which a miner or his their own generation and the next. We can numerous poetry readings as individuals and widow is entitled to benefits under the Act. For truly say that he has made his community a as a group, taught poetry classes to school- pre-1981 Act claimants, a rebuttable presump- better place, and for this we are all grateful. children, assisted in creating the Poet Lau- tion of the existence of black lung disease is f reate position for Sunland Tujunga and sup- established if the miner worked for 15 years or ported countless community endeavors. more in underground coal mines and if over TRIBUTE TO THE REV. DR. MAR- Ms. Krueger eloquently states the purpose evidence, such as an X-ray, demonstrates the TIN KING JR. ON THE ANNIVER- of the group: ‘‘We meet to share new discov- existence of a total disability respiratory or pul- SARY OF HIS DEATH BY ALBERT eries, and work-in-progress. Through our monary impairment. This rebuttable presump- CAREY CASWELL meetings we stimulate new ideas and growth, tion, however, does not apply to post-1981 Act and we hope to spread the message that writ- claimants. HON. TOM LANTOS ing is an important and enriching activity.’’ For- The legislation I am introducing today re- OF CALIFORNIA her commitment to bringing the arts to a wider moves the requirement that a surviving IN THE HOUSE OF REPRESENTATIVES audience, to the literary tradition of the Foot- spouse must refile a claim in order to continue hills and to new discoveries, I ask all Members receiving benefits. It also applies the rebut- Tuesday, April 16, 2002 of Congress to join me in congratulating Gen- table presumption of black lung disease for Mr. LANTOS. Mr. Speaker, I invite my col- evieve Krueger upon receiving the 2002 pre-1981 Act claimants to those filed after the leagues to join me in paying tribute to the McGroarty Poetry Award. effective date of that statute. memory of the late Reverend Martin Luther

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K16AP8.001 pfrm03 PsN: E16PT1 April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E537 King Jr., who was assassinated thirty-four Generations have come and gone, As all who knew of his true worth, years ago on April 4, 1968. Dr. King’s short As one in our hearts now lives ever on, Understood the great blessings to our moth- life was spent and lost in the pursuit of justice As all realize this the more as Martin is er earth gone. and equality for all men, regardless of gender, His life conveyed. creed or race. His life was a testament to the In this our sweet ‘‘country tis’ of thee,’’ A monumental loss; fact that we can effect profound changes in A man rose up a king to be, To our nation the greatest of all costs A true son of liberty Tears flowing, our laws and society through peaceful and For his life’s work lives on. As all knowing non-violent means. Dr. King’s spirit will forever Reverend Dr. King, A hero was lost this day. live on in our collective continuous efforts to As across this nation, let freedom ring, We live in a far better world today, uphold human rights for all people, a cause As his courage and spirit would help to sing All because of our great American hero, that is particularly dear to my heart. A new day’s dawn! This king among men who showed the way! Mr. Speaker, I submit for the RECORD, a po- Equality for all, as he’d create, His way of love, his way of peace, etic tribute to Dr. King, composed by Albert As straight up to heaven for his life’s work His road to equality beseeched, ‘‘Bert’’ Carey Caswell. Bert Caswell received a his fate Leading us to love and peace, Masters degree in education and taught As heaven could not wait. As the course he stayed. science in our nation’s public schools. He cur- Martin’s dream, a world devoid of hate, Stop this day and look around, rently works as a tour guide at the United Where black and white children would re- Before you now as is found States Capitol. He is an enthusiastic guide in late, Our far better world of now, this great building, and he particularly enjoys This clarion call his golden fate. All for our children today. Now, up in our Lord’s kingdom on high, the opportunity to provide tours for children His place found in heaven so divine, Still, his great works are not done, from the ‘‘Make-A-Wish’’ Foundation, as well All because he preached love, not hate. as all other children. He has also given tours Look around you. The battle against racism This man of God, is a long hard fought one. for some of our country’s fire fighters who suf- Who to our nation and to our world had so fered severe burns while saving lives and pro- Those seeds of freedom he had sown, taught to all All planted by our great American hero, tecting property. When he guides visitors in Of love and freedom as he had preached. have grown, from his dream begun. our nation’s Capitol, he also makes a point of A minister of God, ‘‘I’ve been to the mountain top and I’ve sharing inspiring stories of Members of Con- A reverend for the Lord, the prince of peace, looked down,’’ gress who have overcome difficulties and As out to all Martin, His envoy, had so A bright future for our children he found, hardships in life, to serve in one of the highest reached. As he saw a rising sun. His message strong, his message beautiful offices of trust and responsibility which the citi- ‘‘Free At Last’’ in the kingdom of our Lord. and sweet, Let it be told, zens of our land can offer. Non-violence in the fight for equality, as to Where hearts of pure gold A KING AMONG MEN all he’d beseech. Up to heaven shall surely pass, (By Albert Carey Caswell) A beautiful man, a prince of peace, a Nobel Foreever upon this earth, this wonderful What is a king? But a man who sits upon a Peace Prize he reached, man in history shall come first throne, A heart of gold inside, as he battled all the As ‘‘A King Among Men’’ as his dye is cast Who by birthright, bloodline and good for- lies. In our Lord’s eye he is ‘‘A King Among tune, is born of a royal home An educated man, who’s dream of justice for Men,’’ As is so within our earthly zone, all was his life’s plan. There in our hearts ever a hero and a true While up in heaven real kings and queens, in His vision was not forsaken, even as he died friend, our Lord’s eyes are those who stand Traveling across our nation far and wide to worship from the past. To preach peace and love to all, he strived, alone— Today, walking with child in hand, As one man helped turned the tide. A man of peace, a man of love, who will lay Respect and ever honor this blessed man down his life leaving all he loves—shall Marching north to south, hand in hand, For our world, this hero would transcend. sit high atop our Lord’s throne. Praying and championing equality time and His gift was great my friend, A day in August 1963, again, As a far better world devoid of hate As a ‘‘King Among Men’’ would write history All led by this courageous man From earth and heaven to our children he As our nation heard of this, his great dream Freedom fighters, who upon buses chose would send. to be. To stand tall against the racism they op- Upon a mall posed. Speaking to all Close your eyes and recall, As their courage would stand upon a mall, Listen still we hear his words of freedom In his heart a great burning, of the dream he saw, as a nation awoke to ring His desire for equality and dignity for all freedoms call, ‘‘I Have A Dream’’—A King, Among Men. were his life’s yearning, as heaven awaited him Godspeed. Spreading across the land. To The Entire King Family and to Our His words now etched upon our minds, Marching down city streets, Great American Hero, The Reverend Dr. To this day as we hear them tears we find, Armed with only courage, Martin Luther King Jr, May Our Lord Bless Words ringing throughout time and history As hate and bigotry they would meet, you. On this great day of freedom and of peace, So liberty could stand. The defining moment in a nation’s civil Beaten, bloodied and arrested time and again f rights movement to say the least, His beautiful message they could not put to As they traveled from far and wide, an end. To hear freedom’s cry, from all across this They tried to take his freedom away, PERSONAL EXPLANATION countryside, Inflicting pain in every way, North, south, west and east. As his freedom train traveled far across our For freedom rang out loud that day, land. HON. BOB RILEY Yet, knowing he’d not see his children grow- Our nation torn, weary and worn, OF ALABAMA ing, Fighting in a far off war Stayed and still he spoke of peace. As his message scored, IN THE HOUSE OF REPRESENTATIVES In this our short lifetimes, Was so simple and so very pure: How is one to measure or define? Nonviolence and dignity, Tuesday, April 16, 2002 What is the true essence of man kind, The love of fellow woman and man In this, his lifetime? And to be free. Justice our Lord’s plan, Mr. RILEY. Mr. Speaker, I was unavoidably Men walk our earth, big and small, He helped insure. detained for rollcall No. 91, on the motion to Black and white, short and tall, Up in heaven on those dark days of hate, recommit with instructions on H.R. 3762, the Rich and poor. Our Lord watched and stood proud of the Pension Security Act. Had I been present, I How then the more can one measure and de- freedom he’d create, would have voted ‘‘no’’. fine? and his spirit endured. What is the true sum of a person’s worth, Then that dreaded day, I was also unavoidably detained for rollcall here upon mother earth? As shots rang out in Memphis taking our No. 92. H. Res. 92, on final passage of H.R. The answer we find, breath away, 3762, the Pension Security Act. Had I been Within one’s deeds of a lifetime. As a nation wept on her darkest day present, I would have voted ‘‘yea’’.

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K16AP8.001 pfrm03 PsN: E16PT1 E538 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 2002 A PROCLAMATION HONORING pointed director of the school, the country’s won two National Championships. They were ANNA RADU premier institution of maritime continuing edu- only the fourth team in women’s college bas- cation. After graduation, Henry became a ketball history to complete a season HON. ROBERT W. NEY member of the Marine Engineers’ Beneficial undefeated, tying the record for the most wins OF OHIO Association (MEBA), the nation’s oldest mari- in a season. The team had an average margin IN THE HOUSE OF REPRESENTATIVES time union. Henry began a long and rewarding of victory of 35.4 points and never trailed in career in the Merchant Marine sailing as chief the second half of a basketball game. Tuesday, April 16, 2002 engineer with a number of U.S. flag compa- Members of team won various awards this Mr. NEY. Mr. Speaker, Whereas, Anna nies including Keystone Shipping, U.S. Lines, season. Senior Sue Bird won the Wade Tro- Radu was born on March 8, 1902; and and most recently with Sea-Land. phy for National Women’s Player of the Year, Whereas, Anna Radu is celebrating her In January 2000, Henry Phillips left the deck Naismith Player of the Year, and was selected 100th Birthday today; and plates for good, having been appointed direc- for AP First Team All-America Honors. Swin Whereas, Anna Radu, from Garbova, Ro- tor of the Calhoon MEBA Engineering School Cash and sophomore Diana Taurasi were se- mania, became a citizen of the United States in Easton, Maryland. Henry’s combination of lected to the All-America Second Team, Asjha of America on September 8, 1939; real world experience at sea and his participa- Jones made the All-America Third Team, and Therefore, I join with the residents of the en- tion in establishing the Calhoon School’s in- Tamika Williams received Honorable Mention tire 18th Congressional District in congratu- strumentation course in the 1990’s prepared All-America. Coach Geno Auriemma was se- lating Anna Radu as she celebrates her 100th him for the responsibility and complexities of lected as Naismith Coach of the Year and Birthday. running a world-class maritime educational fa- 2002 Russell Athletic/WBCA Division I Na- f cility. The school, a joint labor-management tional Coach of the Year. Commentators for women’s college basket- HONORING STAN BLEDSOE operation, ensures that America’s Fourth Arm of Defense—the U.S. Merchant Marine—is ball claim that this Husky basketball team is well stocked with professional engineers and the best team in the history of women’s col- HON. GEORGE RADANOVICH deck officers in the event our country is in lege basketball. While the Huskies tend to shy OF CALIFORNIA conflict. away from that statement, opponents tend to IN THE HOUSE OF REPRESENTATIVES Henry and his wife Margaret are residents agree with those in the media. I believe the ul- Tuesday, April 16, 2002 of Daphne, Alabama. Both their children, timate compliment was paid to this team when Bubba (Henry, Jr.) and Elizabeth are attending Pat Summitt, coach of the Tennessee Lady Mr. RADANOVICH. Mr. Speaker, I rise Vols, an archrival of the Huskies, responded if today to honor Stan Bledsoe on the occasion college. Henry plans to return there, run a small business, and spend time with his fam- she was relieved to see these four seniors of his retirement as head baseball coach at graduating by saying: ‘‘[Geno’s] done a great Clovis West High School in Fresno, California. ily. Both inside and outside the maritime com- job with them and they’re big play people all Clovis West, in conjunction with Clovis Unified across the board. And what I really admire School District, is dedicating and naming the munity, Henry is known for his keen wit and humble manner. I had the opportunity to about this Connecticut team is how hard they baseball field at Eagle Stadium ‘‘Stan Bledsoe play and how inspired they are in every pos- Field.’’ spend some time with Henry on a flight from Alabama to Washington earlier this year. We session. I did not recall seeing a player not This 2001–2002 baseball season will cap play hard every possession. And that speaks talked about the health of our Merchant Ma- Bledsoe’s twenty-three year stint as head for their character and what they brought to rine and its importance to our country’s secu- coach of the Eagles and thirty-two years of the court tonight against us. But I may go to rity. And of course we talked about retiring service coaching athletes and training coach- the graduation and cheer. You think they’ll let from the work we love and our eagerness to es. There has been only one other head me go? I might be there.’’ coach in the history of Clovis West. Stan has move back to Alabama to be with family and I would like to extend my personal congratu- supported and been a mentor of the summer friends. lations to the UConn Lady Husky basketball baseball program in the Clovis West area Henry rose to the pinnacle of his profession team. The entire State of Connecticut is proud since its inception. His dedication to the ath- after a career spanning three decades of in- of the Husky team, who has helped turn Con- letes at Clovis West cannot be measured. volvement in the Merchant Marine. He made necticut into the center of women’s college Coach Bledsoe has also been active in edu- lasting contributions to his union’s school, im- basketball. I would also like to extend my best cation and administration for the high school. proving the curriculum and enhancing its pro- wishes to the four graduating seniors, and I He has been a valuable asset to the physical fessional standing. Henry is an exceptional am confident that they will be successful in education department and has served in ath- person and first-class marine officer. Mr. their future endeavors. letic administration for the past four years. Speaker, my Congressional colleagues, I am also submitting for the RECORD an arti- Mr. Speaker, I rise today to recognize Stan please join me in thanking Henry Phillips for cle by Randy Smith of the Journal Inquirer, Bledsoe for his service to the Clovis West his service to America’s Merchant Marine. who captured the essence of the team and community and honor him as he retires as f their outstanding coaches. head baseball coach. I invite my colleagues to TRIBUTE TO THE UNIVERSITY OF [From the Journal Inquirer, Apr. 8, 2002] join me in thanking him for his dedication to CONNECTICUT NATIONAL CHAM- AWAY FROM ARENA, ALL BETS OFF FOR education and athletics and wishing him many PIONSHIP WOMEN’S BASKET- HUSKIES more years of continued success. BALL TEAM (By Randy Smith) f There are many beautiful elements at- tached to the University of Connecticut TRIBUTE TO HENRY PHILLIPS, HON. JOHN B. LARSON women’s basketball program, but none is U.S. MERCHANT MARINE OF CONNECTICUT more essential. That is the first stone upon IN THE HOUSE OF REPRESENTATIVES which everything else has been built. When a HON. SONNY CALLAHAN young basketball player honors the game, Tuesday, April 16, 2002 she, in turn, honors herself and the uniform OF ALABAMA Mr. LARSON of Connecticut. Mr. Speaker, I she wears. IN THE HOUSE OF REPRESENTATIVES rise to pay tribute to the 2002 National Colle- As soon as players step over the lines and Tuesday, April 16, 2002 away from the arena, all bets are off. giate Athletic Association (NCAA) Women’s UConn’s undefeated national champions Mr. CALLAHAN. Mr. Speaker, I rise today to Basketball National Champions, the University took swipes at one another and laughed their pay tribute to fellow Alabamian Henry Phillips, of Connecticut Huskies. On Sunday, March way around the streets of Hartford during a a merchant mariner, member of the Marine 31, the Lady Huskies completed their perfect parade Saturday, witnessed by throngs of Engineers’ Beneficial Association, and educa- season with an 82–70 victory over the Okla- people estimated at 150,000. When Diana tor. This month, Henry will hang up his boiler homa Sooners, finishing with a record of 39– Taurasi egged on the crowd while coach suit one last time and retire after nearly 30 0. Geno Auriemma was trying to speak at the years of involvement with the U.S. Merchant Of the five starters, four of them were sen- state capitol, he wondered aloud if the WNBA could make an exception and draft Marine, most recently as director of the iors: Sue Bird, Swin Cash, Tamika Williams, Taurasi, say, in the next five minutes. The Calhoon MEBA Engineering School. and Asjha Jones. Over their four years at the crowd booed. Henry is himself a 1972 graduate of the University of Connecticut, the team had a The energy these people emit is con- MEBA School. He is the first alumnus ap- record of 136–9, made three Final Fours, and tagious. They are constantly on the go. They

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A16AP8.030 pfrm03 PsN: E16PT1 April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E539 smiled and waved and signed autographs and ‘‘We’re ready, that’s all I can tell you,’’ he O. Breece Post 401 in recognition of Loyalty said thank you a million times. The spot- said upon arrival in San Antonio. Day 2002. light agrees with them. Lord knows, they ‘‘Players decide games’’ and ‘‘I’m always earned it. They played hard, had fun, and amazed when players do what I tell them’’ f won ’em all. were a couple of his other nuggets. He rel- UPPER MISSISSIPPI RIVER BASIN Stop and think. When was the last time ishes his time with media and rarely holds PROTECTION ACT OF 2001 you did anything successfully 39 times in a anything back. row? I’m not sure if I could count from one ‘‘My biggest strength is I give you guys a SPEECH OF to 39 successfully 39 straight times. I’m lot to write about and my biggest weakness bound to skip, say, a 23. is I give you guys a lot to write about,’’ he HON. JIM NUSSLE The first thing Auriemma did, it’s worth said. ‘‘Like a lot of people, my greatest OF IOWA remembering, was thank his staff. Because of strength is my greatest weakness.’’ IN THE HOUSE OF REPRESENTATIVES his position and the power of his personality, Connecticut state troopers shaded the he is the main character in all of this, but rules by getting autographs at a third-floor Tuesday, April 9, 2002 couldn’t be who he is or do what he does press conference in the Capitol after the pa- Mr. NUSSLE. Mr. Speaker, I rise today in without a strong supporting cast. Associate rade. Players signed the inside brims of their support of the Upper Mississippi River Basin head coach Chris Dailey has worked along- hats. If a chief back at the barracks asked Protection Act. This legislation takes a com- side him for 17 years. She is as demanding as the troopers to remove their hats to show mon sense approach to reduce nutrient and he is, and sometimes, even more so. A dili- him how they had spent their day, there gent sentry who stands guard on the whole would have been a whole of pump-faking sediment loss in the Upper Mississippi water- concept of ‘‘Connecticut basketball,’’ Dailey going on. shed by coordinating existing public and pri- is part-coach, part-educator, and part-den Hartford police, meanwhile, walked the vate water monitoring initiatives. I believe that mother. Problems, big or small, go through women’s team from the capitol, underneath such a partnership promotes the river’s health her. Tonya Cardoza, in her eighth year, and the Soldiers’ and Sailors’ Arch to the P–3 and is beneficial the communities and people Jamelle Elliott, in her fifth, are bright and level of the Civic Center to watch the Phoe- of eastern Iowa. tireless. nix WBCA All-America High School Game. Most of the farm families I represent live The closer one gets to the women’s pro- Try as they did to sneak in the back door, gram, he is struck by two revelations: how and make their living either along the Mis- the women were greeted by a standing ova- sissippi, or its many tributaries. Soil erosion is good they are at playing the game of basket- tion from more than 10,000 fans. ball and how much fun they seem to have to- Applause wanes. Appreciation of a 39–0 na- a problem for farmers by reducing long-term gether both on and off the court. The team’s tional champion team never will. And nei- sustainability and income potential of their signature is a smile. ther will those jabs that seem to keep every- acres. It is my understanding that farmers in Auriemma hinted that Hartford’s fourth body in place and everything in its proper the Upper Mississippi River Basin lose more parade in eight years—three for women’s na- order. than $300 million annually in applied nitrogen tional champions and one for UConn’s men— ‘‘I’ve been around Geno for 17 years,’’ to soil erosion. In addition, sediment fills the may not be the last. Dailey said. ‘‘I don’t think he’s funny, ‘‘My guess is we might be here again down main shipping channel of the Mississippi that charming, or good-looking. And you can family farmers depend on to get their com- the road,’’ he said. quote me.’’ If there is another shindig at the Capitol, Nothing is sacred except the game. modities to markets. organizers would be wise to get a smaller po- Farmers live close to the land, and are com- dium or a taller coach. The only people who f mitted to being good stewards. This legislation could see Auriemma were behind him. Those 44TH ANNUAL LOYALTY DAY helps farmers and local conservation groups in the bleacher seats probably thought they assess where problems are occurring in their were listening to the voice of God, although watershed, and how to efficiently and effec- chants of ‘‘Geno, Geno’’ indicated otherwise. HON. HEATHER WILSON tively solve the problem. This year, he was Cortez in Mexico. Upon OF NEW MEXICO landing there, the 16th-century Spanish con- I believe this legislation is beneficial in IN THE HOUSE OF REPRESENTATIVES queror burned all ships to send a message to mending our environment along the river, and his troops that there was no turning back. In Tuesday, April 16, 2002 better protecting it in the future. Sediment is a a town built, in large part, on remembering Mrs. WILSON of New Mexico. Mr. Speaker, threat to the Mississippi’s fish, birds, and other the Alamo, Auriemma instructed his team to I rise today in support of our 44th annual Loy- wildlife by filling wetlands. Sediment reduces remember St. Louis and last year’s loss to alty Day, which is celebrated on May 1. On wetlands’ability to be an adequate water filter Notre Dame in a national semifinal game. and provide habitat to the creatures that live After eliminating Tennessee and reaching this day, let us reflect with pride on our great country and remember with gratitude the con- all along the Mississippi River. It is estimated the national championship game, Auriemma that the Upper Mississippi contributes 31 per- delivered a Cortez-like message to his team tributions of the many loyal and courageous cent of the nitrogen that impairs the water in San Antonio. Americans; such as fire fighters, law enforce- ‘‘I told them about Mt. Everest,’’ he said. quality of the Lower Mississippi basin. ment officers, community service leaders, and Part of the Upper Mississippi Wildlife Ref- ‘‘in the last 500 yards, everybody dies.’’ military personnel who have given so much of The thought made him roll his eyes. uge is in my district. I believe this refuge is an ‘‘Man, you’ve got to keep coming up with themselves both at home and around the important treasure for Iowa. What makes this things,’’ he said. world to preserve our freedom. area special is, of course, the unique wildlife Auriemma was guilty of coaches-speak Although we don’t know the exact start of that lives there. This legislation helps promote when he said there was no pressure on UConn Loyalty Day, it did start in the 1930s as a to win. Part of a coach’s job is to absorb as wildlife by monitoring and computer modeling counteractant of the May Day Communist ex- data to ensure scientifically sound and cost-ef- much pressure as he can and prevent it from hibition. The Public Law 85–529 was signed seeping into his team’s locker room. fective decisions in promoting water quality. Auriemma is good at it. Before the Ten- by President Eisenhower in 1958 to officially Additionally, a healthy Mississippi River is nessee game, he said, ‘‘I’m the most nervous commemorate this special day. Members of very important to the communities of eastern man in America.’’ Before meeting Oklahoma the Veterans of Foreign Wars thought that Iowa. The Mississippi is recognized throughout in the national title game, he openly worried these ‘‘disruptive forces of the communism’’ the United States and abroad as ‘‘America’s that fate and the elements might be con- needed to see that the loyalty of Americans River’’. The Quad Cities area is a popular des- spiring against UConn. He understood that could not be uprooted so easily. They decided tination of international travelers who want to there was only one way out for this senior- that they would organize parades and cere- see and touch the water. For the residents of laden group. They had to win them all. monies, with other patriotic organizations join- Knockers were everywhere, ready to the Quad Cities area, the riverfront is the cen- pounce. Kelli Anderson wrote, ‘‘UConn is a ing in. With an extensive letter-writing cam- ter of social life, with a historic district, base- perennial favorite that has won just one title paign, and the help of the speaker’s bureaus ball diamond, and several annually held fes- in the last six years,’’ in the March 18th edi- the theme of loyalty of Americans began to tivals. tion of Sports Illustrated. How’s that for re- mold into something. Plays and tours of our The city of Dubuque boasts over one million visionist history? Presumably, a half-dozen national shrines aided this. The motto is to in- visitors thanks to the Mississippi. This commu- or more editors read the copy without both- still the ideals of our founding fathers to ‘‘re- nity has chosen to make its story of the river ering to change it. UConn had won two titles main loyal to America’’. Indeed, it is a day; the cornerstone of its urban renewal with a in seven years and now has won three titles meant for making all of us in America feel million dollar investment in the revitalization of in eight, finishing undefeated twice. The Huskies sure went from 1-of-6 to 3-of-8 in an proud of our country. The country to which we the riverfront. The America’s River project and awful hurry, didn’t they? belong. historic Port of Dubuque represent the com- Like most of his players, Auriemma enjoys Join me and the members of The Veterans munity’s dedication to growing its tourism in- his time on a national stage. of Foreign Wars of the United States, George dustry.

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.032 pfrm03 PsN: E16PT1 E540 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 2002 Mr. Speaker, the Upper Mississippi’s health including the agricultural fields and the techno- Upper Mississippi River Basin. I urge my col- and water quality essential to growing the logical and academic centers in California. leagues to join me in supporting this bill. economies of the larger river cities of Barbara Pivnicka, Honorary Consul of the f Bettendorf, Davenport, Clinton, and Dubuque, Slovak Republic in northern California, was and the picturesque river towns of Guttenberg, appointed in June 2001 by Eduard Kukan, TRIBUTE TO GIRL SCOUTS’ 90TH LeClair, Bellevue, and Marquette. All of these Minister of Foreign Affairs of the Slovak Re- ANNIVERSARY communities, along with farmers and con- public, with approval by the U.S. State Depart- servationists, have invested much time and ef- ment, to establish a Consulate of the Slovak HON. SONNY CALLAHAN fort in promoting a clean river. I believe this Republic in California. OF ALABAMA legislation helps to insure these investments I am pleased that the Honorable Martin IN THE HOUSE OF REPRESENTATIVES Butora, Ambassador Extraordinary and Pleni- by coordinating the many interests of those liv- Tuesday, April 16, 2002 ing in the Upper Mississippi River Basin. Ac- potentiary of the Slovak Republic to the United cordingly, I am a proud sponsor of this bill, States, and his wife, Dr. Zora Butorova, are Mr. CALLAHAN. Mr. Speaker, I rise today to and I urge my colleagues to join me in sup- visiting the San Francisco Bay Area this celebrate the 90th anniversary of Girl Scouts porting this legislation. month for the purpose of officially opening the USA. For ninety years, Girl Scouts has in- f Consulate of the Slovak Republic in San Fran- spired girls with the highest ideals of char- cisco. acter, conduct, patriotism and service that they HONORING SERGEANT WAYNE A number of activities and celebratory may become happy and resourceful citizens. It SEITA events are taking place in recognition of the helps both young girls and adults develop opening of the Consulate and the visit by the qualities that will serve them ail their lives— HON. GEORGE RADANOVICH Slovak Ambassador, including a reception at like strong values, a social conscience and OF CALIFORNIA the Fairmont Hotel on the day of the official conviction about their own potential and self- IN THE HOUSE OF REPRESENTATIVES opening. worth. It is an honor for me to welcome Ambas- Girl Scouts strengthen our country by devel- Tuesday, April 16, 2002 sador Butora and Dr. Butorova to northern oping future female leaders. They offer a Mr. RADANOVICH. Mr. Speaker, I rise California, and to congratulate and welcome broad range of activities that address today’s today to honor Sergeant Wayne Seita for re- the Consulate of the Slovak Republic to north- interests and tomorrow’s role as women. Girl ceiving the 2002 Police Personnel of the Year ern California. Scouts learn a wide range of real life skills— Award from the Sanger District Chamber of Mr. Speaker, I am pleased to recognize the first aid, resume writing, and managing Commerce. efforts of the many Slovak and American citi- money—as well as reap the benefits that are Sergeant Seita joined the Sanger Police De- zens in making this opening possible. This less quantifiable, including enhanced self es- partment on January 27, 1975, and was Consulate will be a tremendous asset to peo- teem, greater confidence in their abilities, and named permanent sergeant on July 1, 1990. ple of the Slovak Republic and the United the strength and conviction to lead and excel Sergeant Seita’s colleagues refer to him as a States. in their endeavors. All of this is accomplished professional, moral, ethical and nonbiased f while constantly striving to reach their three person. His ability to maintain the work sched- goals: values, leadership and diversity. ule for patrol, without any complaints, is UPPER MISSISSIPPI RIVER BASIN Girl Scouts USA serves over 2.7 million girls enough to deserve a commendation alone. In PROTECTION ACT OF 2001 across the country. They are a shining exam- May of 2000, Wayne was wounded while re- ple of what society can be if we focus on SPEECH OF sponding to a call of a wanted suspect with a teaching values to future generations. I con- firearm. Thankfully, Sergeant Selta was able HON. JERRY F. COSTELLO gratulate Girl Scouts on their 90th anniversary, to recuperate and return to work after a short OF ILLINOIS thank them for developing solid citizens, and time. Nothing could stand in the way of him IN THE HOUSE OF REPRESENTATIVES wish them well in the future. protecting the citizens of Sanger and dis- Tuesday, April 9, 2002 f charging his duties as a public servant. Mr. Speaker, I rise today to congratulate Mr. COSTELLO. Mr. Speaker, I rise today in TRIBUTE TO CORRINE GUNTHER Sergeant Wayne Seita for his dedication and support of H.R. 3480, the Upper Mississippi contributions to the Sanger Police Department. River Basin Protection Act. I’d like to thank Mr. HON. RODNEY P. FRELINGHUYSEN I invite my colleagues to join me in thanking KIND, my colleague on the Upper Mississippi OF NEW JERSEY Wayne for his exceptional service to the com- River Task Force for all his hard work on this IN THE HOUSE OF REPRESENTATIVES legislation. munity of Sanger and wishing him many more Tuesday, April 16, 2002 years of continued success. The Upper Mississippi River Basin has a f significant problem with sediment, which has a Mr. FRELINGHUYSEN. Mr. Speaker, today variety of harmful effects. Sediment is directly I rise to pay tribute to a truly outstanding indi- IN RECOGNITION OF THE OPENING linked to soil erosion, which is harmful to the vidual, my constituent, Corrine Gunther of OF THE NORTHERN CALIFORNIA family farmer. It creates a need for over $100 Morristown. On April 16, Corrine’s friends and CONSULATE OF THE SLOVAK RE- million each year in dredging of the main ship- family will honor her contributions and accom- PUBLIC ping channel of the Mississippi River. Sedi- plishments as The Zonta Club of Morristown ment fills wetlands and impacts recreation and presents her with the ‘‘Woman of the Year’’ HON. MIKE THOMPSON tourism on the Mississippi. While the problems award. OF CALIFORNIA of sedimentation are documented, there is in- Corrine Gunther was born in Baltimore, IN THE HOUSE OF REPRESENTATIVES adequate scientific data on the amounts and Maryland. She went on to attend Oberlin Col- sources of sediment and nutrients flowing into lege and obtained a degree in English and An- Tuesday, April 16, 2002 the River basin because local, state and fed- thropology. She used her education to be- Mr. THOMPSON of California. Mr. Speaker, eral efforts are not coordinated. come a teacher and taught first grade at a I rise today to recognize the official opening of This legislation develops a coordinated pub- school in Long Island, where she also the Northern California Consulate of the Slo- lic-private approach to reducing nutrient and coached field hockey, lacrosse and basketball. vak Republic in Walnut Creek, CA. sediment losses in the Upper Mississippi River Later, Corrine served as a Research Asso- The Slovak Republic became a free and basin. The bill establishes a water quality ciate for a Federal grant at Fairleigh Dickinson independent Republic in January 1993, and in monitoring network and an integrated com- University on a volunteerism in government June 2001, opened their new embassy in puter-modeling program using information project, and changed careers again to become Washington, DC. The Slovak people are de- gathered from existing federal, state and local Executive Director of the Visiting Health Serv- termined in their quest for liberty, dignity, and programs. This data will provide the baseline ice of Morris County where she served for cultural and economic independence. numbers needed to make scientifically sound fourteen years. The United States continues to be the bene- and cost-effective decisions. In addition to her professional accomplish- ficiary of the work, sacrifice, and patriotism of Mr. Speaker, this is good legislation which ments, Corrine has served her communities as citizens of Slovak heritage, who have earned will help alleviate the problems of sedimenta- a volunteer in a multitude of ways. Throughout recognition and respect throughout our land, tion and nutrient loss that are common in the her years of service she has served as the

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.035 pfrm03 PsN: E16PT1 April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E541 Chairman of the N.J. Home Care Committee can offer my support and encouragement for Congress, top Administration officials, other for the White House Conference on Aging; as work well done in good times and bad. I can key policy makers, and leaders of the Cypriot- Vice Chairman of the Human Services Advi- offer my thanks for charitable contributions to American community. As elected representa- sory Council; as a Board Member of First Call our community. And I can ask my colleagues tives who serve in this great Body, it is a privi- for Help, an information and referral service; to join me in this endeavor and reach out to lege to receive visits from our counterparts and as a peer reviewer for the National Home the innocent Andersen employees in their dis- serving in the legislative bodies of other coun- Care Council. Corrine was also past President tricts. Let them know that their hard work is tries—particularly when the visitor represents of NORWESCAP, an umbrella agency for five appreciated and that their community will not a country with which we enjoy very friendly re- counties, overseeing 54 action service pro- abandon them during this difficult period. lations, have so much in common and in grams; past President of the League of f which we have so many important interests. Women Voters of the Morris Area and the Mr. Speaker, Representative Demetris Morris County League; and also as a charter HONORING BOB AND JOAN HINES Christofias was elected President of the member and past President of The Human House of Representatives on June 7, 2001. Services Association of Morris County. HON. GEORGE RADANOVICH Based on the 1960 Constitution of the Repub- Corrine Gunther has been a member of The OF CALIFORNIA lic of Cyprus, the President of the House of Zonta Club of Morristown for the last twenty IN THE HOUSE OF REPRESENTATIVES Representatives performs the duties of the six years and is a past President. Zonta Inter- Tuesday, April 16, 2002 President of the Republic in the event of a temporary absence or incapacity of the Presi- national is a worldwide service organization of Mr. RADANOVICH. Mr. Speaker, I rise dent. He is also President of the Executive women executives in business and the profes- today to honor Bob and Joan Hines for receiv- Committee on Selection, and President of the sions working together to advance the status ing the 2002 Mr. and Mrs. Farmer of the Year Executive Committees of the groups rep- of women. Award from the Sanger District Chamber of Mr. Speaker, I congratulate Corrine for all of resenting Cyprus in the Inter-parliamentary Commerce. her past achievements and hope my col- Bob received a degree in agronomy from Union and the Commonwealth Parliamentary leagues will join me in congratulating her on California State University, Fresno, and be- Association. He is also a member of the Na- her honor, and all of the accomplishments and came an agronomist for J.G. Boswell Com- tional Council, a supreme advisory body to the service she has performed throughout her life! pany in 1957. He left J.G. Boswell Company President of the Republic. Representative Christofias was first elected f in 1961 and became manager of the Clovis- as a member of the House of Representatives Sanger Cooperative (cotton) Gin. He was cho- RECOGNIZING THE EMPLOYEES OF in 1991, and was subsequently re-elected in sen by the Agricultural Council of California to ARTHUR ANDERSEN 1996 and 2001. He was born on August 29, be ‘‘Co-op’’ Man of the Year in 1997. Mr. 1946, in the village of Dhikomo of the district Hines also served as Director of both the Fed- of Kyrenia, an area under military occupation HON. JOHN B. LARSON eral Farm Credit System and of the Allied by Turkey since 1974. From a very young OF CONNECTICUT Grape Growers. age, he has been active in political and civic IN THE HOUSE OF REPRESENTATIVES Joan made contributions through her church organizations in Cyprus. He now lives in Tuesday, April 16, 2002 as an elder, Sunday school instructor, and Nicosia and is married to Elsie Chiratou. They Youth Club Worker. She was a 4-H leader, a Mr. LARSON of Connecticut. Mr. Speaker, I have two daughters and a son. member of the Parents’ Club, and of the PTA. rise today to recognize the 26,000 employees Mr. Speaker, the Republic of Cyprus is an Mrs. Hines is a charter member of Los Ran- of Arthur Andersen who are facing great un- important friend and partner of the United cheros Valley Children’s Hospital Guild, Clovis certainty as the Department of Justice pursues States. Our countries share a commitment to Branch, and of the Fresno Kings Cattle its federal obstruction of justice charges. In the democracy, human rights, free markets and Women Organization. Both Joan and Bob State of Connecticut, Andersen employs more the ideal and practice of equal justice under have been citrus and grape growers along the than 500 and in my District, over 300 are em- law. ployed in the Hartford office. These hard- Kings River and Trimmer Springs area near The Republic of Cyprus also stands with the working employees are facing the possibility of Sanger. Together, they have made enormous United States and the rest of the civilized layoffs and general insecurity about the future contributions to their community. world in the war against international ter- of the company to whom they have dedicated Mr. Speaker, I rise today to congratulate rorism. Within hours of the terrorist attacks of themselves. Bob and Joan Hines, for their dedication to September 11, Cypriot leaders expressed their Walking around Capitol Hill, I have wit- agriculture and the community. I invite my col- strong condemnation of the acts, their soli- nessed the sea of yellow shirts that signify the leagues to join me in thanking Bob and Joan darity with the American people, and their faithful Andersen employees who are pleading for their tremendous community service and commitment to working with the United States their innocence. I have met face-to-face with wishing them many more years of continued in the ongoing campaign against terrorism on the Andersen employees in my District and I success. many fronts. Since then, Cyprus has taken am impressed by their loyalty and resolve. f many substantive steps as part of the coalition These employees have done nothing but PRESIDENT OF THE HOUSE OF against terrorism, including giving blanket come to work everyday and perform their du- REPRESENTATIVES OF THE RE- clearances for U.S. military aircraft to fly over ties. Despite their uncertain future, they still PUBLIC OF CYPRUS Cyprus and use its airports, sharing intel- do. I could understand why they might feel be- ligence with and providing legal assistance to trayed by a select few who made poor deci- HON. FRANK PALLONE, JR. U.S. agencies, and increasing security at sea- sions in a city two thousand miles away. How- ports, airports and the American Embassy in OF NEW JERSEY ever, they still serve their customers with the Cyprus’s capital, Nicosia. Cyprus has also im- IN THE HOUSE OF REPRESENTATIVES same professionalism as they did before plemented UN Security Council Resolution Enron became a household name. Tuesday, April 16, 2002 1373 to freeze bank accounts and other as- I would like to offer my praise to Hartford’s Mr. PALLONE. Mr. Speaker, this week, we sets of terrorists and their supporters, ratified Andersen office for being a solid corporate cit- welcome a distinguished visitor to our nation’s and implemented the International Convention izen in our community. Employees proudly capital: the Honorable Demetris Christofias, for the Suppression of the Financing of Ter- proclaim that they donated nearly $100,000 President of the House of Representatives of rorism, and is conducting investigations to de- last year to the United Way, contributed to the Republic of Cyprus. termine if individuals or organizations named Hartford’s ‘‘Dress for Success’’ program to Mr. Christofias began his trip to the U.S. in President Bush’s Executive Order hold as- provide professional attire to those moving late last week with a stop in New York, where sets in Cyprus, with a goal toward freezing from welfare to work, volunteered on two he paid tribute to those who lost their lives in those assets. Habitat for Humanity projects, and gave the terrorist attacks on September 11th. Vis- Mr. Speaker, the future for the Republic of $160,000 to local civic organizations. Their iting Ground Zero, where the World Trade Cyprus looks extremely bright. Cyprus is cur- thankless contributions should now be recog- Center had stood, Mr. Christofias condemned rently considered a leading candidate country nized. all terrorist attacks, and reaffirmed Cyprus’ to join the European Union in the EU’s next I wish that I could offer Andersen employ- support in the fight against terrorism. round of enlargement. The United States has ees my assurances that their jobs will be safe During his visit to Washington, Mr. strongly supported Cyprus’s EU bid. EU mem- and their company will rebound. However, I Christofias will be meeting with Members of bership will bring significant benefits to both

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.040 pfrm03 PsN: E16PT1 E542 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 2002 the Greek-Cypriot and Turkish-Cypriot commu- Mary Hunter on celebrating their 60th Wed- ment plans and give them the legal mecha- nities, including new economic opportunities, ding Anniversary this April 10, 2002. This lov- nisms for punishing those responsible for neg- access to new markets, a freer exchange of ing couple has lived in my district for over ligence and fraud. We must modernize ERISA goods and services, balanced and sustainable sixty years. I admire their immense devotion to so employees can be made whole and help development as well as the free movement of each other. They embody true love and re- ensure that average employees and corporate persons, goods, and services and capital. spect for each other. executives abide by the same rules. But, regrettably, Mr. Speaker, despite its al- Mary and Richard met at the Philadelphia most miraculous economic achievements, Cy- Frankford Arsenal in my district. Mary worked The Democratic substitute does this by prus must continue to endure the occupation as an assembly line supervisor while Richard toughening criminal penalties for fiduciaries of 37 percent of its territory by a hostile for- worked as an armorer under her direction. who violate workers’ pension rights. It prohibits eign power. On July 20, 1974, Turkey invaded Their love flourished and after two years of executives from dumping stock if the com- Cyprus, and to this day continues to maintain courtship they married on April 10, 1942. After pany’s rank and file employees are prohibited an estimated 35,000 heavily armed troops. 60 years of marriage, Richard believes that from selling their stock due to a lockout. The Nearly 200,000 Greek Cypriots, who fell victim Mary is still his supervisor. Shortly after their Democratic substitute gives employees the to a policy of ethnic cleansing, were forcibly marriage, Mary continued working at the Ar- right to diversify company-matched stock after evicted from their homes and became refu- mory. Richard went off to serve as a radio 3 years, and it provides for independent finan- gees in their own country. Every year, on or technician in World War II and assisted in the cial advice for employees when company about July 20, in what has become one of liberation of several concentration camps in stock is offered as an investment option under Congress’s proudest traditions, Members of Germany. Congress rise to remember the anniversary of Richard and Mary went on to have four chil- a retirement plan. the Turkish invasion. Congress has also dren: Rick, Randy, Maryann, and Pat. By way I urge my colleagues to vote for the sub- adopted Resolutions stating that the status of their children, Richard and Mary now have stitute and against H.R. 3762. quo in Cyprus is unacceptable, and calling for eleven grandchildren and six great grand- international efforts to resolve the Cyprus children with another great grandchild on the f problem on the basis of international law. Ad- way. I am proud to say that they are my con- ministrations of both political parties have stituents and to share their story with you. IN HONOR OF THE 10TH MOUNTAIN worked in support of the UN-sponsored peace Richard and Mary are rare and special. They DIVISION process. are living examples of endless and long-last- In recent months, hopes have been raised ing love. I send them my tributes, my respect that a just and durable solution to the Cyprus and my highest regards. HON. CHRIS CANNON problem can be reached. The President of the Mr. Speaker, our nation understands the OF UTAH Republic of Cyprus, Glafcos Clerides, has value of strong families. Richard and Mary are been holding direct talks with the Turkish Cyp- an example to us all that love endures all IN THE HOUSE OF REPRESENTATIVES riot leader, Rauf Denktash, since the begin- things. I hope that my colleagues will join me Tuesday, April 16, 2002 ning of this year. The third round of these in recognizing their successful marriage and talks has resumed this month, with the UN their 60 year Anniversary. Mr. CANNON. Mr. Speaker, I rise today to Secretary General’s Special Adviser for Cy- f honor the United States Army 10th Mountain prus overseeing the negotiations. I am con- Division. This important division of infantry has fident that the leadership of the Republic of IN OPPOSITION TO H.R. 3762, THE Cyprus will continue to negotiate in good faith PENSION SECURITY ACT OF 2002 always answered the call of our nation when until a comprehensive settlement is reached, we have been in need. as they have tried to do all along. I hope the SPEECH OF The 10th Mountain Division earned its fame Turkish Cypriot leadership will respond by put- HON. PATSY T. MINK during World War II, where it successfully cap- ting aside its unreasonable and unacceptable OF HAWAII tured several key German positions in Italy, in- demands, and negotiate in good faith. IN THE HOUSE OF REPRESENTATIVES cluding Reva Ridge and Mount Belvedere. In The United States has a significant security, Thursday, April 11, 2002 all, the division completely destroyed five elite economic and moral interest in seeing that a settlement is achieved. The U.S. also supports Mrs. MINK of Hawaii. Mr. Speaker, I rise in German divisions, while suffering heavy cas- Cyprus’s accession to the EU. Indeed, it is to opposition to H.R. 3762, the Pension Security ualties of 992 killed in action and 4,154 be hoped that the ongoing EU accession proc- Act. wounded. Training for these missions was Enron employees lost over $1 billion in re- ess for Cyprus—which will continue to ad- done largely in Colorado and Utah’s Park City tirement funds. Congress needs to pass legis- vance whether or not a comprehensive settle- Area. lation to help prevent this from ever happening ment is reached—will help to lead to a com- again. Upon return from the war, many Veterans of prehensive settlement. the 10th Mountain Division entered private in- Last year, a bipartisan Resolution was intro- Unfortunately, H.R. 3762 does nothing to dustry creating ski resorts, schools and maga- duced in the House expressing the sense of protect pension plans. This bill fails to give Congress that security, reconciliation, and employees the right to sit on pension boards zines. Their love of skiing and its development prosperity for all Cypriots can be best and manage their own retirement assets. 29 in the Inter-Mountain West and specifically in achieved within the context of membership in Enron executives dumped $1.1 billion of their Utah, contributed in a large way to Utah’s ef- the European Union which will provide signifi- stock to avoid the losses faced by rank and fort to host the 2002 Winter Olympic Games. file employees, but the bill fails to give em- cant rights and obligations for all Cypriots, and Even today, the 10th Mountain Division con- ployees notification when executives are for other purposes. That Resolution now has tinues to contribute to its country’s security. 73 co-sponsors, showing the strong support of dumping company stock. 85% of all employers with pension plans currently restrict their em- Soldiers from the division were among the first this Body for Cyprus’ accession to the EU. to enter Afghanistan in an effort to search out Mr. Speaker, I hope that all of my col- ployee’s ability to diversify, but the bill fails to leagues will join me in welcoming Representa- allow employees to diversify their 401 (k) pen- Al Qaida strongholds and oust the Taliban tive Christofias to our capital and to our coun- sion plans. Government. try. The Pension Security Act offers no protec- The State of Utah has chosen to honor the f tion for employees. It actually increases their 10th Mountain Division by naming a highway risks. The bill will allow unqualified individuals the 10th Mountain Division Memorial Highway. TRIBUTE TO RICHARD AND MARY to provide investment advice. These invest- HUNTER This section of road will be a testament to the ment advisors may be connected with invest- scores of Utahns and others who have served ment companies who benefit from the advice. their country in the Division. HON. ROBERT A. BRADY Advisors should not receive financial rewards OF PENNSYLVANIA for recommending certain investments over Mr. Speaker, the men and women of the IN THE HOUSE OF REPRESENTATIVES others. This is a clear conflict of interest that 10th Mountain Division have a tradition of her- Tuesday, April 16, 2002 will hurt an employee. oism. I am proud to stand behind those who Mr. BRADY of Pennsylvania. Mr. Speaker, I We should commit ourselves to giving em- have served and those who are now serving rise to honor and congratulate Richard and ployees the right to truly control their retire- a grateful nation.

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A16AP8.044 pfrm03 PsN: E16PT1 April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E543 TRIBUTE TO MR. ERNEST C. IN TRIBUTE TO OUR FALLEN The people are trying to heal in many ways, WITHERS HERO: SHERIFF SAM CATRON OF including the spontaneous display of brown PULASKI COUNTY, KENTUCKY and yellow ribbons—colors worn by the mem- HON. HAROLD E. FORD, JR. bers of the Pulaski County Sheriff’s Office who put their lives on the line each and every day. OF TENNESSEE HON. HAROLD ROGERS OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES But among the outpouring of heartfelt trib- IN THE HOUSE OF REPRESENTATIVES utes, memorials and flowers, perhaps a hand Tuesday, April 16, 2002 Tuesday, April 16, 2002 lettered, red-white-and-blue sign spotted in the Mr. FORD. Mr. Speaker, I rise today to pay Pulaski County town of Ferguson said it best: Mr. ROGERS of Kentucky. Mr. Speaker, a tribute to legendary photojournalist Mr. Ernest dedicated public servant and a soldier on the ‘‘Goodbye Sammy. We will miss you, our C. Withers. Born in Memphis, TN in 1922, Mr. front lines of the fight against evil has been friend.’’ Withers is renowned for his distinguished pho- struck down—taken from us in a senseless tographic record of the Civil Rights Movement but premeditated act of political assassination f in the South during the 1950’s and 1960’s. No in my home county this past weekend. IN HONOR OF MYRON McKINNEY other photographer created as complete a Sheriff Sam Catron of Pulaski County, Ken- document of this movement as Withers did. tucky, was shot and killed Saturday, April 13, An important catalyst for the Civil Rights by a cowardly assassin who fired a high-pow- HON. ROY BLUNT Movement, Withers helped to mobilize interest ered rifle from a camouflaged vantagepoint es- in the cause across the United States through timated to be some 100 yards away. He was OF MISSOURI his powerful images and writings. Withers killed instantly and fell just steps from friends, IN THE HOUSE OF REPRESENTATIVES often traveled with and photographed such family and his elderly mother, Jennie Rachel Tuesday, April 16, 2002 legendary figures as Martin Luther King, Jr., Catron, who had accompanied him to an out- Medgar Evers, Ralph Abernathy, and James door candidates-night gathering and fish fry at Mr. BLUNT. Mr. Speaker, I rise today to sa- Meredith. His unflinching visual records of a rural volunteer fire station. lute Myron McKinney on his 33 years of serv- these important individuals and critical events By Monday, very efficient and capable state ice to Empire District Electric Company. His like the Montgomery bus boycott of 1955 and and local investigators had arrested the al- exceptional career with Empire began on June the assassination of King provide an insightful leged assassin and two alleged conspirators, 5, 1967 as a sales consultant and will end on portrait of these landmark moments in Amer- including one of the sheriff’s opponents in his April 30, 2002, as President and Chief Execu- ican history. race for reelection. tive Officer of Empire. During the struggle for civil rights, Mr. With- A particularly cruel irony is that the Sheriff’s Myron McKinney was the recipient of nu- ers photographed meetings, marches, sit-ins, father was gunned down by an assassin in merous awards, including Outstanding Citizen and police crackdowns all across the South. similar fashion as Somerset (county seat of for 1999 by the Joplin Area Chamber of Com- As the movement erupted, Withers became Pulaski County) Chief of Police 38 years ago. merce. He was also the Outstanding Alumnus fully engaged in capturing images which would Both shootings were in the presence of the in 1997 for Bolivar High School, and in 2000, appear in newspapers and magazines like Sheriff’s mother and the Chief’s wife. was voted Outstanding Alumnus for Missouri Time and Newsweek, often uncredited. He Pulaski County Sheriff Sam Catron won Southern State College. noted, ‘‘I had a single sense of having to election on his first attempt for the office in Myron McKinney has served the Joplin area record what was going on. I look for things of 1984. He had previously served as chief of for many years by volunteering countless time and value. None of my images deal in vi- police in Ferguson, Kentucky, and as a deputy hours for local service clubs and community olence—they deal in time.’’ Though he gen- sheriff in Pulaski County. He was a member of boards. He is a former president and board erally photographed without incident, at the fu- the City of Somerset-Pulaski County Rescue member for the Joplin United Way and the neral of Medgar Evers, highway patrolmen Squad, an Eagle Scout and a Kentucky Colo- Jasper County Association for Social Services. knocked his camera from his hands, destroy- nel. Ray Stoess, the former executive director Mr. McKinney is a Missouri State Chamber of ing the film. of the Kentucky Sheriff’s Association, says Commerce Board Member and a former presi- Because of his familiarity with the people Sheriff Catron was perhaps the best Kentucky dent and board member for the Joplin Area and the geography of the segregated South, sheriff of the last 30 years. A former Sheriff of Chamber of Commerce. He also served on Mr. Withers was often the first or only photog- the Year in Kentucky, he was considered one the Joplin Business and Industrial Develop- rapher to capture momentous events as they of the hardest-working law officers in the state, ment as their chairman and board member. unfolded long before the national press be- often staying on the road until the early morn- He is on the Freeman Hospital Board and came interested. ing hours answering calls from citizens and in- served as chairman of the board for the Mr. Withers has photographed every major vestigating crimes. Ozarks Public Telecommunications board. Mr. civil rights activist since the 1950’s and said A licensed pilot, Sheriff Catron performed McKinney served as the chairman and board he could do an entire book of his photographs his own helicopter searches for marijuana, member for the Joplin Southern board and is of Dr. King. The Massachusetts College of Art helped other departments track suspects with a former board member of the Joplin Family mounted an exhibition of Mr. Wither’s civil the use of his police dog and he was even Y. rights photographs entitled ‘‘Let Us March On’’ known to keep firefighting equipment in his ve- that has toured the United States since 1992. hicle so he could lend a hand in any kind of Myron McKinney was born on September 9, He has photographed Memphis soul figures emergency. Sheriff Catron had recently co- 1944 in Santa Paula, California, to O.S. and like Al Green, Isaac Hayes and Elvis Presley. operated with John Walsh of the TV program Hazel McKinney. He grew up in Bolivar, Mis- He has photographed nearly every president America’s Most Wanted in an effort to track souri, graduating from Bolivar High School in from John F. Kennedy to Bill Clinton. He has down a man wanted by police in Eastern Ken- 1962 as the vice-president of his class. He at- also captured the innocence of Sunday school tucky. Ironically, that episode of the program tended Joplin Junior College and served as teachers, Little Leaguers, and waitresses in premiered on national television this past Sat- the president of the Student Senate and was his photographs. urday night, less than two hours after Sheriff the captain of the football team. He graduated Furthermore, Mr. Withers has served his Catron was gunned down. from Southwest Missouri State University in country and his community as an Army pho- Sheriff Catron loved being the chief law en- 1967 with a Bachelors Degree in Business Ad- tographer in World War II and as one of the forcement official of our county. He was a very ministration. In 1964, he married Janet first nine African American police officers in capable lawman. But he also performed thou- Manard. They have 2 daughters and one Memphis. sands of kindnesses to the people he dearly grandson. Ernest Withers once said, ‘‘I was trained as loved. As such, Sheriff Sam Catron is an ex- Mr. Speaker, it is clear that the Empire Dis- a high school student in history, but I didn’t ample of a law officer who lived to serve the trict Electric Company will miss the exemplary know I would be recording the high multitude people he represented. He worked tirelessly leadership that Myron McKinney has provided. of imagery and history that I did record.’’ for the citizens of Pulaski County, who today I would like to personally wish him well in this In 1998, Mr. Withers was inducted into the have a heavy heart, yet they are now relying new stage of his life. I know that he’ll continue Black Press Hall of Fame. Please join me in on their deep wellspring of faith, their abiding his service to Southwestern Missouri and am honoring Mr. Withers as one of truly important sense of community, their loving families and certain that my colleagues will join me in hon- and influential figures in our history. their inner strength. oring this remarkable man.

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A16AP8.047 pfrm03 PsN: E16PT1 E544 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 2002 TRIBUTE TO FORMER that suspension has now expired. Accordingly, Act will provide communities throughout Amer- CONGRESSMAN PHILIP RUPPE I am introducing legislation to temporarily sus- ica with $200 million in annual grants in Fiscal pend the collection of duties on these four Year 2003 thru Fiscal Year 2006 to help home HON. JOE KNOLLENBERG types of machines that are no longer produced buyers with the downpayment and closing OF MICHIGAN in the U.S. costs, the biggest hurdles to home ownership. IN THE HOUSE OF REPRESENTATIVES The machines in question include certain ink Upon enactment, the American Dream jet and other textile printing machines, certain Downpayment Act will be administered as part Tuesday, April 16, 2002 shuttle type power looms, and certain of HUD’s existing HOME Investment Partner- Mr. KNOLLENBERG. Mr. Speaker, I rise shuttleless power looms. The detailed descrip- ships Program (HOME). HOME is a success- today to pay tribute to former Congressman tion of these machines, including their Har- ful program that helps communities expand Mr. Philip Ruppe. I would also like to thank my monized Tariff Schedule numbers, are found the supply of standard, affordable housing for colleague from Michigan for offering this reso- in the bills themselves. All four types of equip- low-income and very low income families by lution to pay tribute to a great man. ment are essential to various textile producers, providing grants to states and local govern- Philip Ruppe is a prime example of the out- large and small, throughout the United States. ments. come of hard-work and determination. Before I urge the Ways and Means Committee to The flexible program will enable more than serving his constituents for twelve years as act swiftly to approve these bills. 400 local and state governments to help com- their Representative to Congress, he was a f munities provide low-income families with rate successful banker. Before that, he defended reductions, closings costs and downpayment our great nation and served in the Navy during THE AMERICAN DREAM assistance. Specifically, the focus of the pro- the Korean War. DOWNPAYMENT ACT posal is on low-income families who are also I have known Philip Ruppe for over twenty first-time home buyers. To participate, recipi- years and was active in supporting his cam- HON. MIKE ROGERS ents must have annual incomes that do not paign for the U.S. Senate in 1982. His passion OF MICHIGAN exceed 80% of the area median income. for politics was only trumped by his loyalty to IN THE HOUSE OF REPRESENTATIVES I believe that the American Dream Down- his constituents. He was the first Congress- Tuesday, April 16, 2002 payment Act will help increase the overall man representing the district to have district home ownership rate in the United States, es- offices, no easy task considering the size of Mr. ROGERS of Michigan. Mr. Speaker, pecially among minority groups who have his district. turning the key in the door of your very own lower rates of home ownership compared to Because of his dedication and hard work, I home for the first time is a thrill that few fami- the national average. For example, more than wish to congratulate Phil on his lifelong lies ever forget. For generations, the ability to two-thirds of all Americans own their own achievements and wish nothing but the best in purchase your own home has symbolized the home, while fewer than half of African-Ameri- his future endeavors. hard work, thrift and personal responsibility cans and Hispanic families are homeowners. f that embodies the American Dream. I look forward to working with my House col- For some, the idea of owning their own leagues on a simple, but powerful, proposal to UNITED STATES TEXTILE home is but a dream, an unattainable dream. move more American families into their own INDUSTRY Across our nation, families get up, go to work homes—and making their American Dream a every day, and play by the rules; but, they find reality. HON. CASS BALLENGER that the downpayment on a home is a hurdle f OF NORTH CAROLINA that keeps them from making that important EQUAL PAY DAY—APRIL 16, 2002 IN THE HOUSE OF REPRESENTATIVES investment in themselves and their commu- nity. These are families who, after paying the Tuesday, April 16, 2002 rent, buying groceries, and meeting their chil- HON. DAVID E. BONIOR Mr. BALLENGER. Mr. Speaker, yesterday I dren’s needs, have a tough time saving OF MICHIGAN introduced four measures which will help the enough money to get past the first step of IN THE HOUSE OF REPRESENTATIVES United States textile industry in its efforts to home ownership—the downpayment and clos- compete on the global playing field. ing costs. Tuesday, April 16, 2002 Many American textile companies are fight- To help first-time, low-income families over- Mr. BONIOR. Mr. Speaker, I don’t need to ing for their survival due to unfairly under- come those highest barriers to home owner- tell you how far women have come in the valued imports produced by low-wage foreign ship, I am introducing the American Dream workplace. Women now make up roughly half manufacturers. One competitive advantage Downpayment Act. This legislation will give ef- of all workers. They’re breaking into tradition- that the U.S. industry still has is its produc- fect to President Bush’s proposal to help ally male fields, from medicine to law enforce- tivity. The American textile industry is one of 200,000 low-income families achieve the ment. Women are attending professional and the most productive in the world, but American dream of home ownership over five years. graduate schools at ever increasing rates. Yet, companies must constantly modernize to re- The President’s Fiscal Year 2003 budget re- one thing holds women back—unequal pay. tain that edge. quest included $200 million in grants to assist Despite the fact that women’s earnings have Unfortunately, much of the machinery the first-time, low-income home buyers. As part of been growing faster than men’s since 1975, American textile industry needs to compete is his call to expand home ownership oppor- women still make only 74 cents for every dol- no longer produced here in the United States, tunity, the Fiscal Year 2003 budget quadruples lar men earn. More women than ever are par- so the industry must seek such equipment the President’s Down Payment Assistance Ini- ticipating in the workforce, yet minority women from foreign sources. However, they must still tiative from its 2002 level. earn only 64% of what men earn. Despite all pay duties on those machines. At a time when In announcing the funds provided in the of these accomplishments, studies show that our domestic industry is suffering its most se- budget, Housing and Urban Development Sec- the pay gap in management positions is actu- vere economic crisis since the Great Depres- retary Mel Martinez said it best: ‘‘Opening the ally increasing. It is long past time to stop this sion, with hundreds of closed mills and nearly doors to home ownership to more and more wage discrimination. 70,000 jobs lost in the past year, it makes no Americans is one of this Administration’s Unequal pay hurts not just women, but en- sense to require companies to pay duties on goals. The American Dream Downpayment tire families. Tragically, single mothers and equipment that is not produced domestically. fund will accomplish much more than that. By their families have a poverty rate of roughly Some of our leading American textile com- giving as many Americans as possible an op- 28%. The number is as high as 40% for Afri- panies have entered Chapter 11 of the Bank- portunity to become stakeholders in their com- can-American single mothers and their fami- ruptcy Code, others are experiencing substan- munity, we believe it will help to stabilize some lies. We cannot sit idly by while families such tial losses, and even some of those who are neighborhoods and completely revitalize oth- as these fall deeper and deeper into poverty. profitable are barely so. For these companies, ers.’’ These women and children all deserve an if we suspend the duties, the money they When I reviewed the President’s budget, I equal chance to be financially secure. could save when purchasing new equipment knew this would be important for all Ameri- Income lost to the pay gap represents lost can be put to better use, and we could save cans, especially families in Michigan’s metro- opportunities for these families. If women in more American textile jobs from being lost. politan areas such as Lansing, Flint and De- my home state of Michigan earned as much Congress has acted previously to suspend troit. In giving the President’s proposal legisla- as men, each family would see an income in- the duties on these particular machines, but tive effect, the American Dream Downpayment crease of $5000 per year—income that could

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.057 pfrm03 PsN: E16PT1 April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E545 offset some of the costs of child care, provide Leader Bob Dole, and then Governor Pete nation’s highly developed financial system, after-school music or athletic lessons, and Wilson. Every one of them was very helpful. Federal banking law and regulations have op- could be put away to provide for education. And particularly the Congressional delegation erated to facilitate the smooth and efficient Pay Equity is something we need to work from Los Angeles County. We had all sorts of flow of real estate transactions and promoted on everyday, not just on Equal Pay Day. We things going at that time. The County was ex- American homeownership. I am optimistic that need to enact the Paycheck Fairness Act to periencing deep unemployment at the time. these services will continue to be provided in provide solutions for women who are not earn- With the end of the Cold War, the major air- the current efficient manner when H.R. 1009 ing equal wages for equal work. It’s been 30 plane manufacturing firms, and hundreds of becomes law. years since the passage of the Equal Pay Act, suppliers closing their doors. The C–17 was f yet working women still suffer. I am committed the only airplane under production. But Mayor to continuing the fight for equal pay until the Riordan of Los Angeles and Mayor O’Neill of REGARDING THE INTRODUCTION gap no longer exists. This is an issue of Long Beach persevered. They both came to OF DUTY SUSPENSION BILLS equality, economic security and civil rights. We Washington on numerous occasions. They cannot rest until women are being paid what were always successful in garnering support HON. JAMES R. LANGEVIN they deserve. from the White House. With these people oil- OF RHODE ISLAND f ing the wheels, a lot was accomplished by a IN THE HOUSE OF REPRESENTATIVES lot of people. And the winds of trade from Asia Tuesday, April 16, 2002 THE ALAMEDA CORRIDOR: A and Latin America are moving up that corridor MODEL FOR PUBLIC WORKS and democracy is thriving. I want to thank all Mr. LANGEVIN. Mr. Speaker, I rise today to PROJECTS these fine people for what they have done. introduce 13 bills to suspend the duty on the This project would not have happened without importation of products used by a manufac- HON. STEPHEN HORN their hard work. The Alameda Corridor will turer in my home state of Rhode Island. Sev- OF CALIFORNIA serve as a model for congested cities across eral of these products are organic colorants IN THE HOUSE OF REPRESENTATIVES the country for years to come. used in manufacturing processes requiring unique characteristics beyond the mere addi- Tuesday, April 16, 2002 f tion of color. For example, some of the prod- Mr. HORN. Mr. Speaker, today, I want to BUSINESS INTEREST CHECKING ucts are used in the manufacture of plastics; pay tribute to one of the most successful pub- FREEDOM ACT OF 2002 they combine the characteristics of stability in lic works projects in our nation’s recent his- high heat as well as maintaining the color of tory. A $2.4 billion engineering masterpiece SPEECH OF the plastic for long periods of time. Others are that will greatly bolster U.S. trade with Asia HON. CHARLES A. GONZALEZ used for automotive coatings, and they re- and Latin America and benefit our economy OF TEXAS place older colorants based on metals such as well into the future. The project, which covers IN THE HOUSE OF REPRESENTATIVES lead, chromium, molybdenum, cadmium and a large portion of my district in Long Beach, mercury. Tuesday, April 9, 2002 California, is a 33-foot deep, 50-foot wide Also among the products for which I am trench that allows freight trains to travel under- Mr. GONZALEZ. Mr. Speaker, H.R. 1009 seeking temporary duty relief are colorants ground to and from the ports of Long Beach contains a provision, Section 7, entitled Rule that can maintain their exact shade even when and Los Angeles to downtown Los Angeles. of Construction, regarding certain real estate used in manufacturing processes exceeding The 20-mile long corridor eliminated more escrow accounts. This provision is substan- 200 degrees centigrade. Other products are that 200 railroad crossings and erected 30 tially the same as Section 7 of H.R. 974, the intermediate chemicals used in the manufac- new bridges. It will provide residents and trav- Small Business Interest Checking Act of 2001, ture of pigments. elers throughout southern California with much which passed the House last year. The provi- The temporary suspension of duty on prod- needed relief from traffic congestion and air sion makes clear that the current treatment of ucts imported into the United States is sound and noise pollution. The corridor also reduces certain services and benefits provided by public policy so long as there is no domestic travel time for trains by more than half—allow- banks in lieu of interest in connection with es- producer of the same products or directly ing for increased trade goods to flow in and crow accounts for real estate closing trans- competitive products. I have been assured out of the ports. actions remains the same. There are some there are no domestic producers of the 13 The Alameda Corridor celebrated its grand minor technical changes to this section from products for which I am seeking duty relief. opening on April 12th. I joined with my con- H.R. 974. These changes make the provision Eliminating the duty on these products will gressional colleagues, Reps. DAVID DREIER more straightforward, and clarify the specific allow the Rhode Island manufacturer to main- and JUANITA MILLENDER MCDONALD, as well as banking statutes to which this provision ap- tain its competitiveness in the international my good friend Secretary Norman Mineta and plies. This provision does not alter the current market. The products for which I am seeking many other public officials who contributed legal definition of interest or the legal treat- duty suspension are manufactured overseas significantly to the project’s completion on ment of real estate closing escrow trans- by the sister companies of the Rhode Island schedule and within budget. actions. It is my understanding that current manufacturer. In addition, I was pleased to Since planning for this project began in the Federal legal standards, including regulatory learn that the Rhode Island company invested eighties and continued throughout the early interpretations, regarding the definition of inter- several million dollars to expand domestic nineties, many hands contributed to its est on deposits will continue to stand. manufacturing capacity in Rhode Island for a progress. But few were as instrumental in giv- Currently, the Federal Reserve’s Regulation product that formerly received a suspension of ing this project its wings. One of them was my Q provides that services and benefits can be duty. predecessor, former congressman Glenn An- given by banks in lieu of interest to depositors. f derson. He was chairman of the House Com- The Regulation also specifically provides that mittee on Transportation and Public Works. the provision or the receipt of such services IN TRIBUTE TO MATTHEW AND He gave excellent support to the Alameda and benefits does not constitute interest. Such MICHAEL FLOCCO Corridor when he was in good health. Former services and benefits include for example, free Congressman, and now Secretary of Trans- printed checks, safe deposit and night deposi- HON. MICHAEL N. CASTLE portation Norm Mineta followed him as chair- tory facilities, low-interest loans, and armored OF DELAWARE man and continued with strong support. And car services. In Texas, numerous small title IN THE HOUSE OF REPRESENTATIVES Gil Hicks, without question, is the visionary agencies, underwriters, and attorneys benefit who started the ball rolling with the planning from these services. The average title agency Tuesday, April 16, 2002 group. in Texas is a small, locally based family busi- Mr. CASTLE. Mr. Speaker, I rise today to I also want to mention another one of Norm nesses, usually employing no more than six or pay tribute to a son and his father who exem- Mineta’s colleagues . . . Federico Pena, the seven employees. These agencies are main- plify what is best about the United States of former Secretary of Transportation. Without stays within their communities and provide America. Matthew Flocco who died on Sep- his judgement on putting up the money, noth- service to individual customers who are pur- tember 11, 2001 in service to his country at ing would have happened throughout the nine- chasing homes. Maintaining the current regu- the Pentagon, and his father, Michael Flocco, ties. Other strong supporters were then latory interpretation of interest is important to who has set an example for all Americans Speaker Newt Gingrich, then Senate Majority the health of many of these businesses. In our who love their family and their country.

VerDate 112000 05:18 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.057 pfrm03 PsN: E16PT1 E546 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 2002 On the reconstruction site at the Pentagon, THE ONCOLOGY NURSING SOCI- system—in its facilities, educators and stu- Michael Flocco wears a hard hat displaying ETY’S 27TH ANNUAL CONGRESS dents. An example of this excellence is John- stickers that read ‘‘Pentagon Renovation Pro- ston Community College housed in Smithfield. gram’’ and ‘‘Proud to be a Union sheet metal HON. ROGER F. WICKER Smithfield is known worldwide for its ham worker.’’ Known to his fellow sheet-metal OF MISSISSIPPI and yams, and each year the town celebrates workers as a gregarious character, Michael is IN THE HOUSE OF REPRESENTATIVES during the Ham & Yam Festival. The festival part of a one thousand person team of faithful is held the first weekend in May each year, Americans working to reconstruct the Pen- Tuesday, April 16, 2002 and features arts, crafts, commercial vendors, tagon in the wake of the September 11th ter- Mr. WICKER. Mr. Speaker, in 2002, more a carnival, dancing and youth activities. Smith- rorist attacks. than 1.2 million Americans will hear the words field’s heritage is rich in Civil War and agricul- But the events that led Michael to assign- ‘‘You have cancer.’’ More than 500,000 Ameri- tural history. ment at the Pentagon set him apart from the cans will lose their battle with this terrible dis- The strong work ethic and dedication of the workers around him. In fact, for Michael ease. Oncology nurses are on the front lines people of Smithfield has made Johnston Flocco, installing duct-work for the heating and in the battle against cancer. Every day, they County the number two county in the nation in air conditioning systems in the Pentagon is not see the pain and suffering caused by cancer. growing flue-cured tobacco. Not only does just work, it is part of a healing process and They understand the physical, emotional, and Smithfield raise great crops but also great indi- a wonderful tribute to his son Matthew. financial challenges that cancer patients face viduals. Among Smithfield’s finest is Actress throughout their life. Ava Gardner. Ava Gardner grew up near Michael and Sheila Flocco raised Matthew, The Oncology Nursing Society is the largest Smithfield and is buried in Sunset Memorial their only child, in Newark, Delaware. Mat- organization of oncology health professionals Park. Today she is honored in a local museum thew, a quiet and reflective young man, was in the world with more than 30,000 registered celebrating her Hollywood career with more liked and respected by all who knew him. Mat- nurses and other health care professionals. than 100,000 items. thew joined the United States Navy after grad- There are three chapters of the ONS in my Mr. Speaker in closing I will like to send my uating from high school in 1998. home state of Mississippi located in Brandon, best wishes and gratitude to the people of Fully committed to serving his country, Mat- Ocean Springs, and Tupelo. These chapters Smithfield, North Carolina in wishing them a thew rose to the top of his Navy class in mete- provide important benefits and services to on- Very Happy Birthday! I know that our nation is orology and was quickly spotted by an admiral cology nurses throughout Mississippi. stronger today because of their contributions. who gave him an important assignment at the This week more than 5,000 oncology nurses f Pentagon. As an Aerographer’s Mate Second from around the country have traveled to Class, Matthew performed important duties at Washington, DC, to attend the Oncology Nurs- MARY HILAND HONORED FOR 25 the National Ice Center for the Departments of ing Society’s 27th Annual Congress. This YEARS OF SERVICE TO THE PEO- Defense and Transportation. He used his ex- year’s theme is aptly titled ‘‘The Many Faces PLE OF SANTA CLARA COUNTY pertise as a weather analyst to safeguard of Oncology Nursing.’’ The attendees will in- ships traveling in ice-covered waters. crease their knowledge of the newest cancer HON. ZOE LOFGREN treatments, learn the latest developments in But in a tragic twist of fate, this young OF CALIFORNIA cancer nursing research, and enhance their American’s bright future was cut short on Sep- clinical skills. In addition, approximately 550 of HON. MICHAEL M. HONDA tember 11th, 2001, during the terrorist attack these nurses, representing 49 states, will OF CALIFORNIA on the Pentagon. Matthew was only 21 years come to Capitol Hill to discuss issues of con- IN THE HOUSE OF REPRESENTATIVES old. cern to oncology nurses. I encourage my col- Tuesday, April 16, 2002 When the news of their only son’s death leagues to meet with these nurses and to lis- reached Sheila and Michael Flocco, they were ten to the expert advice of these expert health Mr. HONDA. Mr. Speaker, today we rise to devastated. care professionals. recognize the achievements of Mary Hiland, President and Chief Executive Officer of Alli- But Michael, a third generation sheet metal I commend the Oncology Nursing Society for all of its efforts and leadership over the last ance For Community Care of Santa Clara worker, knew exactly what he had to do. County. We would like to recognize Ms. Working on the construction of the new court- 27 years and I thank the Society’s members for their ongoing commitment to improving the Hiland’s extraordinary and tireless efforts to house in Wilmington, Michael approached his the people of Santa Clara County and thank superiors and requested a transfer to the Pen- quality of care for all cancer patients and their families. her for her 25 years of service in the nonprofit tagon rebuilding project. mental health field. f In January 2002, Michael pulled his 24-foot Mary Hiland served as President/CEO for recreational vehicle into a Maryland R.V. park. IN COMMEMORATION OF the Alliance For Community Care from Janu- Now, the man who lost his son less than ten SMITHFIELD, NORTH CAROLINA ary 1977 to March 2002. One of the largest months ago rises at 4:00 a.m. every day, nonprofit mental health agencies in Silicon throws on his brown jacket with ‘‘Floc,’’ his HON. BOB ETHERIDGE Valley, ALLIANCE was formed on January 1, nickname, scrawled in permanent marker on OF NORTH CAROLINA 1997, through the merger of four nonprofit the back, and heads to work with one thing in IN THE HOUSE OF REPRESENTATIVES agencies. Under Ms. Hiland’s leadership, the mind. Michael Flocco is determined to, as he resulting new organization grew significantly. says, ‘‘fill that hole in the wall and fill that hole Tuesday, April 16, 2002 Today, ALLIANCE serves over 4,000 youth, in my heart.’’ Mr. ETHERIDGE. Mr. Speaker, today I rise adults and older adults affected by mental ill- Michael plans to continue working on the re- in commemoration of Smithfield, North Caro- ness through a comprehensive array of in- building project through September 11th, lina. On April 23, 2002 Smithfield will celebrate home, crisis residential, vocational, outpatient 2002, a date that marks the one year anniver- its 225th Birthday. Smithfield is located in the treatment and rehabilitation programs. sary of his son’s death, as well as a formal re- heart of Johnston County in the 2nd Congres- Ms. Hiland’s career in the nonprofit mental opening ceremony of the Pentagon. Michael sional District of North Carolina. Established health field began after she graduated from Flocco’s response to his son’s death is an in- on the banks of the Neuse River as the seat San Jose State University with both a Masters spiration to every American. of Johnston County Government in 1777, it is degree in Social Work and Public Administra- one of the oldest towns in the United States. tion. In 1986, she joined the faculty of SISU Today we are here to pay tribute to a son Though Smithfield is a town with just over College of Social Work part-time and taught and his father; We are here to recognize an 11,000 residents, the residents carry them- courses in public policy and management. Her outstanding example of dedication to the selves with a pride representative of the entire community service includes serving on several United States of America; We are here to state of North Carolina. It is a community that Boards of Directors, task forces, and participa- honor the best character of Americans—re- supports traditional family values, southern tion in numerous committees. Ms. Hiland is fusal to be defeated in the face of tremendous hospitality and that offers a high quality of life. past president both of the Association of Men- adversity. Into this inviting environment has come a myr- tal Health Contract Agencies and the Associa- We are here today to dedicate this field, iad of large and small businesses, drawn by a tion of United Way Agencies. She currently which forever will be a symbol of Matthew’s dedication to hard work. The pride of the com- serves on the Board of Directors of the Cali- love for baseball and love for America. munity is shown in the excellence of its school fornia Council of community Mental Health

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A16AP8.061 pfrm03 PsN: E16PT1 April 16, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E547 Agencies and the Center for Excellence in he told the press, ‘‘Our members elected us to JOHNSON COUNTY ‘‘MOVERS AND Nonprofits. bring back agreements, not to go on strike.’’ SHAKERS’’ RECOGNIZE YOUNG COMMUNITY VOLUNTEERS Ms. Hiland was the recipient of the 1994 Just a few days prior to contract expiration, Soroptomist Woman of the Year Award for he Yokich announced that the Ford Motor Com- advocacy for people with mental illness. In pany would be the lead company for the HON. DENNIS MOORE 1999, she received the National Society of OF KANSAS Fund Raising Executive Spirit of Philanthropy Union’s all-out settlement efforts. The results IN THE HOUSE OF REPRESENTATIVES award for her contributions in building a new validated Steve’s innovative new approach to United Way. In 2001, she was honored as a auto negotiations. The Union gained wage and Tuesday, April 16, 2002 benefit increases in each year of the three- Community Champion for Mental Health and Mr. MOORE. Mr. Speaker, I rise today to received the first Silicon Valley Excellence in year Ford agreement, and greatly strength- ened existing job and income security pro- take note of an upcoming event that will be Nonprofit Leadership Award. held by the Volunteer Center of Johnson We wish to thank Mary Hiland for her con- grams. Other key gains included: cost of living protection for retirees, health care improve- County, Kansas, to recognize local young peo- tributions to the field of mental health in Santa ple who have recently performed meaningful, Clara County. ments and the enhancement of many other programs. voluntary community service in our local area. f Young people from Johnson County, ages 5 Mr. Yokich made an historic breakthrough HONORING STEPHEN P. YOKICH, to 18, have been nominated by teachers, with the first company-paid tuition assistance counselors, principals and nonprofit agencies PRESIDENT OF THE UAW, ON HIS for post secondary education of dependents of RETIREMENT to receive recognition for their community UAW members, as well as tuition assistance service efforts. The Volunteer Center of John- for retirees. Similar contracts then followed at son County is proudly hosting the second an- HON. JOHN D. DINGELL Chrysler and General Motors. nual Movers and Shakers Recognition Event OF MICHIGAN Mr. Speaker, Steve has also been a forceful to honor these outstanding young residents of IN THE HOUSE OF REPRESENTATIVES leader in bringing women and minorities into the Third Congressional District on May 7th. I Tuesday, April 16, 2002 top UAW leadership positions. He has always am proud to report that volunteering has be- come a vital part of these children’s education Mr. DINGELL. Mr. Speaker, I rise today to been a strong believer that the UAW leader- and I join with the Volunteer Center to recog- recognize my good friend, Stephen P. Yokich, ship must accurately reflect the make-up of nize these dedicated, caring young people of on the occasion of his retirement after nearly the membership. Johnson County. 35 years of dedication to the UAW, including Mr. Yokich not only believed in diversifying his impressive two terms as President of the Annalisa Barelli, Shawnee Mission East; the UAW, but he also fought for improvements organization. Lindsay Barker, Shawnee Mission East; in workplace health and safety and for edu- Steve is a natural born leader and has been Kim Beverlin, Shawnee Mission North; cation and training for UAW-represented work- Ariel Brody, Shawnee Mission NorthWest; a driving force within the UAW. He has played Kathleen Carey, Shawnee Mission East; a leading role in re-energizing the labor move- ers and their families. Steve was widely praised for his pioneering role in developing Stephanie Chen, Blue Valley NorthWest; ment, developing new strategies to address Jared Cole, Shawnee Mission East; the challenges of the global economy, expand- Employee Assistance Programs to help work- Kyle Douglas, Shawnee Mission West; ing the UAW’s organizing activities, and ce- ers with problems such as drug and alcohol Abbigall Eli, Mill Valley High School; menting close ties with other major unions. abuse. Jeanne Firth, Shawnee Mission East; Steve’s long and impressive career in the Steve has had a hand in virtually all facets Maxwell Fisher, Blue Valley NorthWest; labor community began when he was ap- Sollie Flora, Blue Valley NorthWest; of the UAW including the UAW’s Agricultural Chelsea Fogleman, Olathe East; pointed by UAW President Walter Reuther to Implement Department and the Skilled Trades Jennifer Gampher, Shawnee Mission West; the Region I staff in 1969. Since then, Mr. Department. He is also a veteran political ac- Stephen Green, St. Joseph Grade School; Speaker, Steve has worked to make the UAW tivist. Steve has coordinated and participated Ashley Haddad, Shawnee Mission South; the strong and diversified organization that it is in numerous statewide and national cam- Carolyn Hummel, Trailridge Middle School; today. paigns. Elaine Jardon, Olathe East; A former director of the UAW’s Organizing Ashley Johnson, Shawnee Mission North- Department (from 1983 to 1989), Steve has As if all of the above was not an impressive West; made organizing a top priority of the Union. enough list of accomplishments, Mr. Yokich is Brenden Konczal, Shawnee Mission West; Lisa Kornfeld, Shawnee Mission West; An early advocate of diversifying the UAW’s also involved in a wide range of labor, civic, and charitable organizations. He is a member Bridget Mayer, Blue Valley NorthWest; membership, he planned and directed the Kaley McManamon, Blue Valley High highly successful 1985 organizing drive that of the NAACP and the Coalition of Labor School; brought 22,000 State of Michigan employees Union Women (CLUW), and serves on the Alicia McWhorter, Mill Valley High School; into the UAW. boards or steering committees of the Eco- Stephen Meeker, Shawnee Mission South; Mr. Yokich also has impeccable collective nomic Alliance of Michigan, Michigan Blue Kathleen Murray, Blue Valley North; bargaining skills which were displayed on sev- Cross-Blue Shield, the Michigan Cancer Foun- Simin Nomani, Blue Valley North; eral occasions, including his 1999 and 1996 dation, and the Father Clement Kern Founda- Katherine Pfeffer, Cure of Ars Catholic tion. School; negotiations with the major automakers. Under Liz Pishny, Blue Valley High School; Steve’s leadership, the contracts achieved Mr. Yokich and his wife, Tekla, are the par- Travis Preston, Shawnee Mission West; with the Big Three automakers in 1996 bol- ents of two children, Stephen A. and Tracey, Lauren Repine, St. Thomas Aquinas; stered hallmark job and income security pro- and have one grandson, Michael Stephen. Julie Richerson, Trailridge Middle School; Alix Santa Maria, Blue Valley Middle grams, and further expanded the widely re- Hopefully, his retirement will allow him to spected ‘‘People Programs,’’ that benefit mem- School; enjoy more time with his family, as well as de- bers and their families. Adam Schieber, Shawnee Mission North- voting more time to golfing, hunting and fish- In the weeks leading up to the traditional West; ing. Danay Stanislaus, Olathe East; opening of contract talks with the Big Three in Erika Swenson, Shawnee Mission South; 1996, Yokich’s bargaining innovation and Mr. Speaker, as Steve leaves after nearly Shannon White, Blue Valley High School; savvy took the floor. He surprised the compa- thirty-five years of dedication to the UAW, I Kim Williams, Shawnee Mission South; nies and industry observers by refusing to would ask that all my colleagues salute him Matt Woehrle, Blue Valley High School; designate one company a ‘‘strike target.’’ As and his efforts on behalf of American workers. Richard Zernickow, Shawnee Mission West.

VerDate 112000 05:07 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A16AP8.065 pfrm03 PsN: E16PT1 Tuesday, April 16, 2002 Daily Digest Senate Graham Amendment No. 3070 (to Amendment Chamber Action No. 2917), to clarify the provisions relating to the Routine Proceedings, pages S2689–S2756 Renewable Portfolio Standard. Page S2696 Measures Introduced: Six bills and two resolutions Schumer/Clinton Amendment No. 3093 (to were introduced, as follows: S. 2132–2137, and S. Amendment No. 2917), to prohibit oil and gas Res. 242–243. Pages S2722–23 drilling activity in Finger Lakes National Forest, Measures Passed: New York. Page S2696 Dayton Amendment No. 3097 (to Amendment Health Care Safety Net Amendments: Senate No. 2917), to require additional findings for FERC passed S. 1533, to amend the Public Health Service approval of an electric utility merger. Page S2696 Act to reauthorize and strengthen the health centers program and the National Health Service Corps, and Schumer Amendment No. 3030 (to Amendment to establish the Healthy Communities Access Pro- No. 2917), to strike the section establishing a re- gram, which will help coordinate services for the un- newable fuel content requirement for motor vehicle insured and underinsured, after agreeing to the fol- fuel. Page S2696 lowing amendment proposed thereto: Pages S2754–55 Feinstein/Boxer Amendment No. 3115 (to Reid (for Kennedy) Amendment No. 3134, in the Amendment No. 2917), to modify the provision re- nature of a substitute. Pages S2754–55 lating to the renewable content of motor vehicle fuel to eliminate the required volume of renewable fuel Energy Policy Act: Senate resumed consideration of for calendar year 2004. Page S2696 S. 517, to authorize funding for the Department of Murkowski/Breaux/Stevens Amendment No. 3132 Energy to enhance its mission areas through tech- nology transfer and partnerships for fiscal years 2002 (to Amendment No. 2917), to create jobs for Ameri- through 2006, taking action on the following cans, to reduce dependence on foreign sources of crude oil and energy, to strengthen the economic self amendments proposed thereto: Pages S2696–S2717 Pending: determination of the Inupiat Eskimos and to pro- Daschle/Bingaman Further Modified Amendment mote national security. Pages S2696–S2717 No. 2917, in the nature of a substitute. Stevens Amendment No. 3133 (to Amendment Pages S2696–S2717 No. 3132), to create jobs for Americans, to strength- Kerry/McCain Amendment No. 2999 (to Amend- en the United States steel industry, to reduce de- ment No. 2917), to provide for increased average pendence on foreign sources of crude oil and energy, fuel economy standards for passenger automobiles and to promote national security. Pages S2696–S2717 and light trucks. Page S2696 A motion was entered to close further debate on Dayton/Grassley Amendment No. 3008 (to Stevens Amendment No. 3133 (to Amendment No. Amendment No. 2917), to require that Federal 3132 (listed above) and, in accordance with the pro- agencies use ethanol-blended gasoline and biodiesel- visions of Rule XXII of the Standing Rules of the blended diesel fuel in areas in which ethanol-blended Senate, a cloture vote will occur on Thursday, April gasoline and biodiesel-blended diesel fuel are avail- 18, 2002. Page S2714 able. Page S2696 A motion was entered to close further debate on Lott Amendment No. 3028 (to Amendment No. Murkowski/Breaux/Stevens Amendment No. 3132 2917), to provide for the fair treatment of Presi- (to Amendment No. 2917) (listed above) and, in ac- dential judicial nominees. Page S2696 cordance with the provisions of Rule XXII of the Landrieu/Kyl Amendment No. 3050 (to Amend- Standing Rules of the Senate, a cloture vote will ment No. 2917), to increase the transfer capability occur on Thursday, April 18, 2002. Page S2714 of electric energy transmission systems through par- Senate will resume consideration of the bill on ticipant-funded investment. Page S2696 Wednesday, April 17, 2002. D336

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Nomination—Agreement: A unanimous-consent Additional Cosponsors: Page S2723 agreement was reached providing for consideration of Statements on Introduced Bills/Resolutions: the nomination of Lance M. Africk, to be United Pages S2723–32 States District Judge for the Eastern District of Lou- isiana, at 10 a.m., on Wednesday, April 17, 2002, Additional Statements: Pages S2718–21 with a vote to occur thereon. Page S2755 Amendments Submitted: Pages S2732–54 Nominations Received: Senate received the fol- Authority for Committees to Meet: Page S2754 lowing nominations: Adjournment: Senate met at 11 a.m., and ad- Walter Lukken, of Indiana, to be a Commissioner journed at 6:57 p.m., until 10 a.m., on Wednesday, of the Commodity Futures Trading Commission for April 17, 2002. (For Senate’s program, see the re- a term expiring April 13, 2005. marks of the Acting Majority Leader in today’s Vinicio E. Madrigal, of Louisiana, to be a Member Record on page S2755.) of the Board of Regents of the Uniformed Services University of the Health Sciences for a term expiring June 20, 2003. Committee Meetings L.D. Britt, of Virginia, to be a Member of the Board of Regents of the Uniformed Services Univer- (Committees not listed did not meet) sity of the Health Sciences for the remainder of the APPROPRIATIONS—FAA term expiring May 1, 2005. Linda J. Stierle, of Maryland, to be a Member of Committee on Appropriations: Subcommittee on Trans- the Board of Regents of the Uniformed Services Uni- portation concluded hearings on proposed budget es- versity of the Health Sciences for a term expiring timates for fiscal year 2003 for the Federal Aviation May 1, 2007. Administration, focusing on aviation safety and ca- William C. De La Pena, of California, to be a pacity issues, after receiving testimony from Jane F. Member of the Board of Regents of the Uniformed Garvey, Administrator, Federal Aviation Administra- Services University of the Health Sciences for a term tion, Department of Transportation. expiring June 20, 2007. ADVANCED TECHNOLOGY PROGRAM James E. McMahon, of South Dakota, to be United States Attorney for the District of South Da- Committee on Commerce, Science, and Transportation: kota for the term of four years. Committee concluded hearings to examine the au- David William Thomas, of Delaware, to be thorization and reform of Technology Administration United States Marshal for the District of Delaware and the National Institute of Standards and Tech- for the term of four years. nology programs, focusing on the Advanced Tech- Stephen Robert Monier, of New Hampshire, to be nology Program, after receiving testimony from Sam- United States Marshal for the District of New uel Bodman, Deputy Secretary of Commerce; Anne Hampshire for the term of four years. A. Armstrong, Virginia’s Center for Innovative Technology, Herndon; Lewis M. Branscomb, Har- Jose Gerardo Troncoso, of Nevada, to be United vard University John F. Kennedy School of Govern- States Marshal for the District of Nevada for the ment, Cambridge, Massachusetts; and Scott Don- term of four years. (Reappointment) nelly, General Electric Company, Niskayuna, New Gary Edward Shovlin, of Pennsylvania, to be York. United States Marshal for the Eastern District of Pennsylvania for the term of four years. U.S./MEXICO RELATIONS Thomas M. Fitzgerald, of Pennsylvania, to be Committee on Foreign Relations: Subcommittee on United States Marshal for the Western District of Western Hemisphere, Peace Corps and Narcotics Af- Pennsylvania for the term of four years. fairs concluded hearings to examine U.S./Mexican re- Randy Paul Ely, of Texas, to be United States lations issues, including migration, drugs, economic Marshal for the Northern District of Texas for the trade, the North American Development Bank term of four years. (NADBank), the Border Environment Cooperation Ruben Monzon, of Texas, to be United States Commission (BECC), and border issues, after receiv- Marshal for the Southern District of Texas for the ing testimony Representative Reyes; Alan P. Larson, term of four years. Under Secretary of State for Economics, Business and 1 Navy nomination in the rank of admiral. Agricultural Affairs; John B. Taylor, Under Secretary Routine lists in the Air Force, Army, Marine of Treasury for International Affairs; James W. Corps, Navy. Pages S2755–56 Ziglar, Commissioner, Immigration and Naturaliza- Executive Communications: Pages S2721–22 tion Service, Department of Justice; and Barbara

VerDate 11-MAY-2000 04:52 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D16AP2.REC pfrm11 PsN: D16AP2 D338 CONGRESSIONAL RECORD — DAILY DIGEST April 16, 2002 Shailor, AFL–CIO, Steven M. Ladik, American Im- medical privacy issues, focusing on the Standards for migration Lawyers Association, Gregori Lebedev, Privacy of Individually Identifiable Health Informa- U.S. Chamber of Commerce, and M. Delal Baer, tion (Privacy Rule), and the proposed modification Center for Strategic and International Studies, all of to those standards, published by the Department of Washington, D.C. Health and Human Services, after receiving testi- mony from Claude A. Allen, Deputy Secretary of DRIVER’S LICENSE INTEGRITY Health and Human Services; Janlori Goldman, Committee on Governmental Affairs: Subcommittee on Georgetown University Institute for Health Care Re- Oversight of Government Management, Restruc- search and Policy Health Privacy Project, Wash- turing and the District of Columbia concluded hear- ington, D.C.; Sam Karp, California HealthCare ings to examine problems relating to the availability Foundation, Oakland; Richard Harding, University and use of fake or fraudulently issued driver’s li- of South Carolina School of Medicine, Columbia, on censes, focusing on what state and federal govern- behalf of the American Psychiatric Association; John ments can do to improve the system, after receiving D. Clough, Cleveland Clinic Foundation, Cleveland, testimony from Kansas State Senator Barbara P. Ohio. Allen, Overland Park; Richard J. Varn, Iowa State Information Technology Department, Des Moines, VIOLENCE AGAINST WOMEN OFFICE on behalf of the National Association of State Chief Committee on the Judiciary: Subcommittee on Crime Information Officers and National Governor’s Asso- and Drugs concluded oversight hearings on activities ciation; Betty L. Serian, Pennsylvania Department of of the Violence Against Women Office of the De- Transportation, Harrisburg, on behalf of the Amer- partment of Justice, including coordination, collabo- ican Association of Motor Vehicle Administrators; ration, and multi-disciplinary partnership in address- Mary Ann Viverette, Gaithersburg Police Depart- ing domestic violence prevention and intervention ment, Gaithersburg, Maryland, on behalf of the issues, after receiving testimony from Diane Stuart, International Association of Chiefs of Police; Barry J. Director, Violence Against Women Office, Office of Goleman, American Management Systems, Inc., Fair- Justice Programs, Department of Justice; Laurie E. fax, Virginia; J. Bradley Jansen, Free Congress Foun- Ekstrand, Director, Justice Issues, General Account- dation Center for Technology Policy, Washington, ing Office; Georgia Attorney General Thurbert E. D.C.; and Theodore W. Wern, Chicago, Illinois. Baker, Atlanta; Vincent J. Poppiti, Family Court for the State of Delaware, Wilmington; Lynn Rosenthal, MEDICAL PRIVACY National Network to End Domestic Violence, Wash- Committee on Health, Education, Labor, and Pensions: ington, D.C.; and Casey Gwinn, San Diego City At- Committee concluded oversight hearings to examine torney, San Diego, California. h House of Representatives hibit taking minors across State lines in circumven- Chamber Action tion of laws requiring the involvement of parents in Measures Introduced: 230 public bills, H.R. abortion decisions (H. Rept. 107–411). Page H1333 4231–4460; 5 private bills, H.R. 4461–4465; and 5 Speaker Pro Tempore: Read a letter from the resolutions, H. Con. Res. 377–379, and H. Res. 387 Speaker wherein he appointed Representative and 389, were introduced. Pages H1333–38 Culberson to act as Speaker pro tempore for today. Reports Filed: Reports were filed today as follows: Page H1291 H.R. 3955, to designate certain National Forest Private Calendar: On the call of the Private Cal- System lands in the Commonwealth of Puerto Rico endar, the House passed over without prejudice, as components of the National Wilderness Preserva- H.R. 392, for the relief of Nancy B. Wilson. tion System, amended (H. Rept. 107–409); Pages H1292–93 H.R. 3421, to provide adequate school facilities within Yosemite National Park, amended (H. Rept. Recess: The House recessed at 12:42 p.m. and re- 107–410, Pt. 1); and convened at 2 p.m. Page H1292 H. Res. 388, providing for consideration of H.R. Suspensions: The House agreed to suspend the rules 476, to amend title 18, United States Code, to pro- and pass the following measures:

VerDate 11-MAY-2000 04:52 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16AP2.REC pfrm11 PsN: D16AP2 April 16, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D339 Joseph W. Westmoreland Post Office, Jay, Flor- and appear on pages H1305–05, H1306–07, and ida: H.R. 3960, to designate the facility of the H1307. There were no quorum calls. United States Postal Service located at 3719 High- Adjournment: The House met at 12:30 p.m. and way 4 in Jay, Florida, as the ‘‘Joseph W. Westmore- adjourned at 11:14 p.m. land Post Office Building’’; Pages H1293–95 Philip E. Ruppe Post Office, Linden, Michigan: Committee Meetings H.R. 1374, to designate the facility of the United States Postal Service located at 600 Calumet Street LABOR, HHS, AND EDUCATION in Lake Linden, Michigan, as the ‘‘Philip E. Ruppe APPROPRIATIONS Post Office Building’’ (agreed to by a yea-and-nay Committee on Appropriations: Subcommittee on Labor, vote of 408 yeas with none voting ‘‘nay’’, Roll No. Health and Human Services, and Education held a 92); Pages H1295–96, H1305–06 hearing on NIH Panel: Disease Prevention and Honoring the 94th Birthday of Mr. Lionel Health Promotion. Testimony was heard from the Hampton—Jazz Great and Goodwill Ambassador following officials of the Department of Health and Human Services: Claude Lenfant, M.D., Director, for the United States: S. Con. Res. 101, extending National Heart, Lung and Blood Institute; Francis birthday greetings and best wishes to Lionel Hamp- Collins, M.D., Director, National Human Genome ton on the occasion of his 94th birthday; Research Institute; Kenneth Olden, M.D., Director, Pages H1296–99 National Institute of Environmental Health Sciences; Clergy Housing Allowance Clarification Act; Paul Sieving, M.D., Director, National Eye Institute; H.R. 4156, amended, to amend the Internal Rev- Lawrence Tabak, M.D., Director, National Institute enue Code of 1986 to clarify that the parsonage al- of Dental and Craniofacial Research; Patricia Grady, lowance exclusion is limited to the fair rental value M.D., Director, National Institute of Nursing Re- of the property (agreed to by a yea-and-nay vote of search; Donald Lindberg, M.D., Director, National 408 yeas with none voting ‘‘nay’’, Roll No. 93); and Library of Medicine; Raynard Kington, M.D., Act- Pages H1299–H1302, H1306–07 ing Director, National Institute on Alcohol Abuse Family Farmer Bankruptcy Extension Act: H.R. and Alcoholism; and Kerry Weems, Acting Deputy 4167, to extend for 8 additional months the period Assistant Secretary, Budget. for which chapter 12 of title 11 of the United States VA, HUD AND INDEPENDENT AGENCIES Code is reenacted (agreed to by a yea-and-nay vote APPROPRIATIONS of 407 yeas to 3 nays, Roll No. 94). Committee on Appropriations: Subcommittee on VA, Pages H1302–05, H1307 HUD and Independent Agencies continued appro- Motion to Instruct Conferees on the Farm Secu- priation hearings. Testimony was heard from public rity Act: Pursuant to clause 7(c) of rule XXII, Rep- witnesses. resentative Smith of Michigan announced his inten- EQUAL EDUCATIONAL CHANCES FOR tion to offer a motion tomorrow to instruct conferees PARENTS on H.R. 2646, an act to provide for the continuation of agricultural programs through fiscal year 2011, to Committee on Education and the Workforce: Held a hear- agree to the provisions contained in section 169(a) of ing on Equal Educational Choices for Parents. Testi- the Senate amendment, relating to payment limita- mony was heard from public witnesses. tions for commodity programs; and to insist upon an CORPORATE AND AUDITING increase in funding for (A) conservation programs, in ACCOUNTABILITY, RESPONSIBILITY, AND effect as of January 1, 2002, that are extended by TRANSPARENCY ACT title II of the Senate amendment; and (B) research Committee on Financial Services: Ordered reported, as programs that are amended or established by title amended, H.R. 3763, Corporate and Auditing Ac- VII of the House bill or title VII of the Senate countability, Responsibility, and Transparency Act of amendment. Page H1307 2002. Recess: The House recessed at 3:45 p.m. and recon- COMBATING TERRORISM vened at 6:30 p.m. Page H1305 Committee on Government Reform: Subcommittee on Senate Messages: Message received from the Senate National Security, Veterans’ Affairs and International appears on page H1291. Relations held a hearing on Combating Terrorism: Quorum Calls—Votes: Three yea-and-nay votes de- Axis of Evil, Multilateral Containment or Unilateral veloped during the proceedings of the House today Confrontation? Testimony was heard from Jeanne J.

VerDate 11-MAY-2000 04:52 Apr 17, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D16AP2.REC pfrm11 PsN: D16AP2 D340 CONGRESSIONAL RECORD — DAILY DIGEST April 16, 2002 Kirkpatrick, former Ambassador to the United Na- COMMITTEE MEETINGS FOR WEDNESDAY, tions, Department of State; Brent Scowcroft, former APRIL 17, 2002 National Security Adviser; Richard Perle, former As- (Committee meetings are open unless otherwise indicated) sistant Secretary of Defense; and a public witness. Senate MISCELLANEOUS MEASURES Committee on Appropriations: Subcommittee on VA, Committee on Resources: Subcommittee on National HUD, and Independent Agencies, to hold hearings on Parks, Recreation and Public Lands held a hearing proposed budget estimates for fiscal year 2003 for the Corporation for National and Community Service, 9:30 on the following bills: H.R. 1906, to amend the Act a.m., SD–138. that established the Pu’uhonua O Honaunau Na- Subcommittee on Defense, to hold hearings on pro- tional Historical Park to expand the boundaries of posed budget estimates for fiscal year 2003 for the missile that park; H.R. 2717, to authorize the Secretary of defense budget, 10 a.m., SD–192. the Interior to convey certain public land within the Subcommittee on Legislative Branch, to hold hearings Sand Mountain Wilderness Study Area in the State on proposed budget estimates for fiscal year 2003 for the of Idaho to resolve an occupancy encroachment dat- Offices of the Secretary of the Senate and the Architect ing back to 1971; and H.R. 3936, to designate and of the Capitol, 10:30 a.m., SD–124. Subcommittee on Treasury and General Government, provide for the management of the Shoshone Na- to hold hearings on the proposed budget estimates for fis- tional Recreation Trail. Testimony was heard from cal year 2003 for certain law enforcement activities, 1:30 Representative Mink of Hawaii; the following offi- p.m., SD–192. cials of the Department of the Interior: Larry Finfer, Committee on Indian Affairs: to hold oversight hearings Assistant Director, Communications, Bureau of Land to examine subsistence hunting and fishing issues in the Management; and Dan Smith, Special Assistant to State of Alaska, 2 p.m., SR–485. the Director, National Park Service; Gloria Manning, Select Committee on Intelligence: to hold hearings on the Associate Deputy Chief, National Forest System, nomination of John Leonard Helgerson, of Virginia, to be Inspector General, Central Intelligence Agency; to be fol- Forest Service, USDA; Dave Morrow, Deputy Direc- lowed by closed hearings (in Room SH–219), 2:30 p.m., tor, Division of Parks and Recreation, Department of SH–216. Natural Resources, State of Utah; and public wit- Committee on the Judiciary: Subcommittee on Adminis- nesses. trative Oversight and the Courts, to hold hearings to ex- amine levels of jurisdiction within the Office of Home- CHILD CUSTODY PROTECTION ACT land Security, 9:30 a.m., SD–226. Subcommittee on Constitution, to hold hearings to ex- Committee on Rules: Granted, by voice vote, a closed amine the application of the War Powers Resolution to rule providing 2 hours of debate on H.R. 476, Child the war on terrorism, 2 p.m., SD–226. Custody Protection Act. The rule waives all points of order against consideration of the bill. Finally, the House rule provides one motion to recommit with or with- Committee on Appropriations, Subcommittee on Com- out instructions. Testimony was heard from Chair- merce, Justice, State, and Judiciary, on SEC, 10 a.m., and man Sensenbrenner. on FCC, 2 p.m., H–309 Capitol. Subcommittee on Interior, oversight hearing on Energy MEDICARE—PROMOTING DISEASE Research-Measuring Success, 10 a.m., B–308 Rayburn. Subcommittee on Labor, Health and Human Services, MANAGEMENT and Education, on Department of Education Panel: Foun- Committee on Ways and Means: Subcommittee on dations for Learning, 10:15 a.m., 2358 Rayburn. Health held a hearing on Promoting Disease Man- Subcommittee on Military Construction, on Budget agement in Medicare. Testimony was heard from Overview, 9:30 a.m., B–300 Rayburn. Subcommittee on Transportation, on Transportation Ruben King Shaw, Deputy Administrator, Centers Security Administration, 10 a.m., and, executive, to con- for Medicare and Medicaid Services, Department of tinue hearings on Transportation Security Administration, Health and Human Services; and public witnesses. 2 p.m., 2358 Rayburn. Subcommittee on Treasury, Postal Service, and General HUMAN INTELLIGENCE Government, on Secretary of the Treasury, 10 a.m., Permanent Select Committee on Intelligence: Sub- 2362B Rayburn. Subcommittee on VA, HUD, and Independent Agen- committee on Human Intelligence, Analysis and cies, on NASA, 9:30 a.m., 2359 Rayburn. Counterintelligence met in executive session to hold Committee on Education and the Workforce, to mark up a hearing on Human Intelligence. Testimony was H.R. 4092, Working Toward Independence Act of 2002, heard from departmental witnesses. 10:30 Rayburn.

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Committee on Energy and Commerce, Subcommittee on of the Interior to provide assistance to the State of Mary- Health, hearing entitled ‘‘Creating a Medicare Prescrip- land for implementation of a program to eradicate nutria tion Drug Benefit: Assessing Efforts to Help America’s and restore marshland damaged by nutria, 2 p.m., 1334 Low-Income Seniors,’’ 10 a.m., 2123 Rayburn. Longworth. Committee on Financial Services to mark up H.R. 3717, Committee on Science, hearing on New Directions for Cli- Federal Deposit Insurance Reform Act of 2002, 10 a.m., mate Research and Technology Initiatives, 10 a.m., 2318 2138 Rayburn. Rayburn. Committee on International Relations, hearing on AIDS Committee on Small Business, to mark up the following: Orphans and Vulnerable Children in Africa: Identifying the Small Business Advocacy Improvement Act; H.R. the Best Practices for Care, Treatment, and Prevention, 2867, Small Business Opportunity Act of 2001; and S. 10:15 a.m., 2172 Rayburn. 174, Microloan Program Improvement Act of 2001, 10 Subcommittee on Europe, hearing on The Future of a.m., 2360 Rayburn. NATO and Enlargement, 1:15 p.m., 2172 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on the Judiciary, Subcommittee on Immigra- committee on Highways and Transit, hearing on How tion and Claims, to mark up the following: H.R. 2623, Transit Serves and Benefits U.S. Communities, 10 a.m., Posthumous Citizenship Restoration Act of 2001; H.R. 2167 Rayburn. 3214, to amend the chapter of the AMVETS organiza- Subcommittee on Water Resources and Environment, tion; H.R. 3838, to amend the charter of the Veterans to continue hearings on Proposals for a Water Resources of Foreign Wars of the United States organization to Development Act of 2002, 2 p.m., 2167 Rayburn. make members of the armed forces who receive special Committee on Ways and Means, hearing on Integrating pay for duty subject to hostile fire or imminent danger Prescription Drugs into Medicare, 10:30 a.m., and to eligible for membership in the organization; H.R. 3988, mark up the following measures: H.J. Res. 841, dis- to amend title 36, United States Code, to clarify the re- approving the action taken by the President under section quirements for eligibility in the American Legion; S.J. 203 of the Trade Act of 1974 transmitted to the Con- Res. 13, conferring honorary citizenship of the United gress on March 5; and H.R. 3930, Water Quality Financ- States on Paul Yves Roch Gilbert du Motier, also known ing Act of 2002, 3 p.m., 1100 Longworth. as the Maquis de Lafayette; and private relief measures, Permanent Select Committee on Intelligence, executive, brief- 2:30 p.m., 2237 Rayburn. ing regarding U.S. intelligence relationships with parties Committee on Resources, hearing on the following bills: in the Israeli-Palestinian conflict, 1:30 p.m.; and, execu- H.R. 103, Tribal Sovereignty Protection Act; H.R. 3534, tive, hearing on National Imagery and Mapping Agency, Cherokee, Choctaw, and Chickasaw Nations Claims Set- 2 p.m., H–405 Capitol. tlement Act; and H.R. 3476, to protect certain lands held in fee by the Pechanga Band of Luiseno Mission In- Joint Meetings dians from condemnation until a final decision is made Conference: meeting of conferees on H.R. 2646, to pro- by the Secretary of the Interior regarding a pending fee vide for the continuation of agricultural programs to trust application for that land, 10 a.m., 1334 Long- through fiscal year 2011, 10 a.m., 1300 Longworth worth. Building. Subcommittee on Fisheries Conservation, Wildlife and Joint Economic Committee: to hold hearings to examine Oceans, to mark up the following bills: H.R. 3558, Spe- the monetary policy and the economic outlook in the cies Protection and Conservation of the Environment Act; context of the current economic situation, focusing on the H.R. 3908, North American Wetlands Conservation Re- economic rebound now underway, 10 a.m., 2118 Ray- authorization Act; and H.R. 4044, authorize the Secretary burn Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, April 17 10 a.m., Wednesday, April 17

Senate Chamber House Chamber Program for Wednesday: Senate will consider and vote Program for Wednesday: Consideration of H.R. 476, on the nomination of Lance M. Africk, to be United Child Custody Protection Act (closed Rule, two hours of States District Judge for the Eastern District of Louisiana; general debate). following which, Senate will continue consideration of S. 517, Energy Policy Act.

Extensions of Remarks, as inserted in this issue

HOUSE Etheridge, Bob, N.C., E546 Ney, Robert W., Ohio, E538 Foley, Mark, Fla., E531 Nussle, Jim, Iowa, E539 Ballenger, Cass, N.C., E544 Ford, Harold E., Jr., Tenn., E543 Pallone, Frank, Jr., N.J., E541 Berman, Howard L., Calif., E531 Frelinghuysen, Rodney P., N.J., E534, E540 Pelosi, Nancy, Calif., E535 Blunt, Roy, Mo., E543 Gonzalez, Charles A., Tex., E545 Radanovich, George, Calif., E538, E540, E541 Bonior, David E., Mich., E544 Honda, Michael M., Calif., E546 Rahall, Nick J., II, W.Va., E536 Brady, Robert A., Pa., E542 Horn, Stephen, Calif., E545 Riley, Bob, Ala., E537 Callahan, Sonny, Ala., E538, E540 Israel, Steve, N.Y., E529 Rogers, Harold, Ky., E543 Cannon, Chris, Utah, E542 Kirk, Mark Steven, Ill., E530, E532 Rogers, Mike, Mich., E544 Capps, Lois, Calif., E532 Knollenberg, Joe, Mich., E544 Roukema, Marge, N.J., E533 Castle, Michael N., Del., E534, E545 Langevin, James R., R.I., E545 Schiff, Adam B., Calif., E536 Combest, Larry, Tex., E530 Lantos, Tom, Calif., E536 Thompson, Mike, Calif., E540 Costello, Jerry F., Ill., E540 Larson, John B., Conn., E538, E541 Underwood, Robert A., Guam, E530, E531 Dingell, John D., Mich., E547 Lofgren, Zoe, Calif., E546 Visclosky, Peter J., Ind., E532 Engel, Eliot L., N.Y., E530, E531, E532, E533, E535, Mink, Patsy T., Hawaii, E542 Wicker, Roger F., Miss., E546 E536 Moore, Dennis, Kansas, E547 Wilson, Heather, N.M., E539

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