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, NOVEMBER 19, 2002 No. 150 House of Representatives The House met at noon and was PRAYER Through the joint efforts of so many called to order by the Speaker pro tem- working together on the great tasks pore (Mr. THORNBERRY). The Chaplain, the Reverend Daniel P. You set before this people, may Your Coughlin, offered the following prayer: holy will be done. f Divine Wisdom and Word of God, en- In Your Divine Providence, guide and lighten our minds and set hearts free DESIGNATION OF THE SPEAKER protect this Nation and its elected offi- as You lift the burdens of daily routine PRO TEMPORE cials as they look forward to a new day from the shoulders of Members of the filled with promise and peace. The SPEAKER pro tempore laid be- 107th Congress and their staffs. To You be glory, honor and thanks- fore the House the following commu- Help Your servants to reflect on the giving, now and forever. Amen. nication from the Speaker: accomplishments of this session and f WASHINGTON, DC, enable them to name the obstacles November 19, 2002. which impeded progress. May all learn THE JOURNAL I hereby appoint the Honorable MAC THORNBERRY to act as Speaker pro tempore from their experience and be com- The SPEAKER pro tempore. The on this day. mitted to reconciling any personal re- Chair has examined the Journal of the J. DENNIS HASTERT, lationships harmed in the course of last day’s proceedings and announces Speaker of the House of Representatives. daily activities. to the House his approval thereof.

NOTICE If the 107th Congress, 2d Session, adjourns sine die on or before November 22, 2002, a final issue of the Congres- sional Record for the 107th Congress, 2d Session, will be published on Monday, December 16, 2002, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 13. The final issue will be dated Monday, December 16, 2002, and will be delivered on Tuesday, December 17, 2002. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. MARK DAYTON, Chairman.

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

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VerDate 0ct 31 2002 23:24 Nov 19, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A19NO7.000 H19PT1 H9028 CONGRESSIONAL RECORD — HOUSE November 19, 2002 Pursuant to clause 1, rule I, the Jour- S. Con. Res. 94. Concurrent resolution ex- ments for eligibility in the American nal stands approved. pressing the sense of Congress that public Legion; awareness and education about the impor- f H.R. 4546, to authorize appropriations tance of health care coverage is of the ut- for fiscal year 2003 for military activi- PLEDGE OF ALLEGIANCE most priority and that a National Impor- tance of Health Care Coverage Month should ties of the Department of Defense, for The SPEAKER pro tempore. Will the be established to promote that awareness military construction, and for defense gentleman from Texas (Mr. BENTSEN) and education. activities of the Department of Energy, come forward and lead the House in the S. Con. Res. 122. Concurrent resolution ex- to prescribe personnel strengths for Pledge of Allegiance. pressing the sense of Congress that security, such fiscal year for the Armed Forces, Mr. BENTSEN led the Pledge of Alle- reconciliation, and prosperity for all Cyp- and for other purposes; giance as follows: riots can be best achieved within the context H.R. 4628, to authorize appropriations of membership in the European Union which I pledge allegiance to the Flag of the for fiscal year 2003 for intelligence-re- will provide significant rights and obliga- United States of America, and to the Repub- tions for all Cypriots, and for other purposes. lated activities of the United States lic for which it stands, one nation under God, Government, the Community Manage- indivisible, with liberty and justice for all. The message also announced that the ment Account, and the Central Intel- f Senate agreed to the amendments of ligence Agency Retirement and Dis- the House to the bill (S. 2237) ‘‘An Act MESSAGE FROM THE SENATE ability System, and for other purposes; to amend title 38, United States Code, H.R. 4727, to reauthorize the National A message from the Senate by Mr. to modify and improve authorities re- Dam Safety Program, and for other Monahan, one of its clerks, announced lating to compensation and pension purposes; that the Senate has passed without benefits, education benefits, housing H.R. 5590, to amend Title 10 United amendment bills of the House of the benefits, and other benefits for vet- States Code, to provide for the enforce- following titles: erans, to improve the administration of ment and effectiveness of civilian or- H.R. 727. An act to amend the Consumer benefits for veterans, and for other pur- ders of protection on military installa- Product Safety Act to provide that low-speed poses.’’ electric bicycles are consumer products sub- tions; ject to such Act. f H.R. 5708, to reduce preexisting PAYGO balances, and for other pur- H.R. 2595. An act to direct the Secretary of DISPENSING WITH CALL OF poses; the Army to convey a parcel of land of Chat- PRIVATE CALENDAR ON TODAY ham County, Georgia. H.R. 5716, to amend the Employee Re- H.R. 5504. An act to provide for the im- The SPEAKER pro tempore. Without tirement Income Security Act of 1974 provement of the safety of child restraints in objection, the call of the Private Cal- and the Public Health Service Act to passenger motor vehicles, and for other pur- endar shall be dispensed with today. extend the mental health benefits par- poses. There was no objection. H. Con. Res. 84. Concurrent resolution sup- ity provisions for an additional year; porting the goals of Red Ribbon Week in pro- f and moting drug-free communities. S. 1214, to amend the Merchant Ma- COMMUNICATION FROM THE rine Act, 1936, to establish a program The message also announced that the CLERK OF THE HOUSE Senate has passed with an amendment to ensure greater security for United in which the concurrence of the House The SPEAKER pro tempore laid be- States seaports, and for other purposes. is requested, a bill of the House of the fore the House the following commu- f nication from the Clerk of the House of following title: TRIBUTE TO THE HONORABLE Representatives: H.R. 4070. An act to amend the Social Se- JOHN LAFALCE, THE HONORABLE curity Act and the Internal Revenue Code of OFFICE OF THE CLERK ROBERT A. UNDERWOOD AND 1986 to provide additional safeguards for So- HOUSE OF REPRESENTATIVES, Washington, DC, November 18, 2002. THE HONORABLE KEN BENTSEN, cial Security and Supplemental Security In- MEMBERS OF CONGRESS come beneficiaries with representative pay- Hon. J. DENNIS HASTERT, ees, to enhanced program protections, and The Speaker, House of Representatives, (Ms. PELOSI asked and was given for other purposes. Washington, DC. permission to address the House for 1 DEAR MR. SPEAKER: Pursuant to the per- minute and to revise and extend her re- The message also announced that the mission granted in Clause 2(h) of Rule II of Senate has passed bills and concurrent the Rules of the U.S. House of Representa- marks.) resolutions of the following titles in tives, the Clerk received the following mes- Ms. PELOSI. Mr. Speaker, I am which the concurrence of the House is sage from the Secretary of the Senate on No- proud to put in the CONGRESSIONAL requested: vember 18, 2002 at 1:55 p.m. RECORD the tremendous accomplish- S. 754. An act to enhance competition for That the Senate passed without amend- ments of JOHN LAFALCE, who has prescription drugs by increasing the ability ment H.R. 2485. served this body with great distinction of the Department of Justice and Federal That the Senate passed without amend- since 1974. Trade Commission to enforce existing anti- ment H.R. 5708. In 1999, JOHN LAFALCE steered the Fi- trust laws regarding brand name drugs and That the Senate passed without amend- nancial Services Act through Congress, ment H.R. 5716. generic drugs. which began the process of modernizing S. 1052. An act to amend the Public Health That the Senate agreed to conference re- Service Act and the Employee Retirement port H.R. 4628. the financial services industry, and Income Security Act of 1974 to protect con- Withe best wishes, I am this year his magnificent leadership sumers in managed care plans and other Sincerely, brought about tough comprehensive in- health coverage. JEFF TRANDAHL, vestor protections that will help pre- S. 2799. An act to provide for the use and Clerk of the House. serve pensions for years to come. distribution of certain funds awarded to the f As this record attests, JOHN LAFALCE Gila River Pima-Maricopa Indian Commu- made a great deal of law during his nity, and for other purposes. ANNOUNCEMENT BY THE SPEAKER outstanding career without making a S. 2869. An act to facilitate the ability of PRO TEMPORE certain spectrum auction winners to pursue great deal of noise. alternative measures required in the public The SPEAKER pro tempore. Pursu- I wish JOHN and his family, Pat and interest to meet the needs of wireless tele- ant to clause 4 of rule I, the Speaker Martin, the very best, which is what he communications consumers. signed the following enrolled bills on has given his fellow Americans, day in S. 2949. An act to provide for enhanced Monday, November 18, 2002: and day, out for nearly 30 years. aviation security, and for other purposes. H.R. 2621, to amend Title 18, United As I do so, I observe that I am here S. 2951. An act to authorize appropriations States Code, with respect to consumer on the floor with two very distin- for the Federal Aviation Administration, and product protection; guished colleagues who are departing for other purposes. S. 3172. An act to improve the calculation H.R. 3758, for the relief of So Hyun Congress at the end of this session. of the Federal subsidy rate with respect to Jun; Congressman KEN BENTSEN from certain small business loans, and for other H.R. 3988, to amend Title 36, United Texas, for whom I have a special rec- purposes. States Code, to clarify the require- ognition, since not only is he a great

VerDate 0ct 31 2002 23:24 Nov 19, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K19NO7.002 H19PT1 November 19, 2002 CONGRESSIONAL RECORD — HOUSE H9029 Member of Congress but he represents the following individuals to the Benjamin not let him be head of the local branch. the district where my three grandsons Franklin Tercentenary commission: They had a prohibition upon local peo- live in Houston, Texas. His service in Congressman Robert A. Borski (PA). ple rising to that rank. As a con- the Congress has benefited Americans Congressman Chakah Fattah (PA). sequence, he then left the Bank of across the board, whether we are talk- Yours Very Truly, RICHARD A. GEPHARDT. America to start the very successful ing about consumers or issues relating Bank of Guam. to financial services and housing. He f For months, he personally went door- was a champion in helping get debt re- APPOINTMENT AS MEMBERS TO to-door to families, friends and people lief for Third World countries that BOARD OF TRUSTEES OF CON- in the business community, in villages were poor and developing countries GRESSIONAL HUNGER FELLOWS throughout the island, talking to peo- that needed assistance to make the fu- PROGRAM ple. He asked them to entrust their fi- ture better for their children. nancial accounts in this new venture, The SPEAKER pro tempore. Without There is hardly any area that you the Bank of Guam, and he succeeded. objection, and pursuant to Section can name that KEN BENTSEN’s con- On March 13, 1972, after selling 100,000 4404(c)(2) of the Congressional Hunger tribution has not been important, dis- shares at $15 each, the Bank of Guam Fellows Act of 2002 (P.L. 107–171), the tinguished and had an impact on the was officially chartered and estab- Chair announces the Speaker’s ap- American people. It has been an honor lished its first branch in a humble mod- pointment of the following Members on to call him colleague. I know much ular home in Guam’s capital, the part of the House to the Board of more will be said in the days and weeks Hatgatna, with 13 employees. ahead about his distinguished service. Trustees of the Congressional Hunger The Bank of Guam has since been He comes from a very distinguished Fellows Program for a term of 4 years: come to be known as the People’s family in Texas, Senator Bentsen being Mrs. JO ANN EMERSON, Cape Bank, and because of this dedication to his uncle, but he made his own mark in Girardeau, Missouri; and the people of Guam and other islands of Congress. I know his contribution to Mr. David Weaver, Jr., Lubbock, the region, he resolved to take the risk the public is not over and there is a Texas. of starting a new locally organized great deal more to come. I congratu- There was no objection. bank. late him, his wife Tamra and their f From its humble beginnings in a beautiful children on the service they SPECIAL ORDERS prefab building in Hatgatna, the Bank have provided to our country. of Guam quickly grew into one of the As far as Mr. UNDERWOOD is con- The SPEAKER pro tempore. Under island’s most prominent success sto- cerned, he comes all the way from the Speaker’s announced policy of Jan- ries. As Guam’s economy expanded, the Guam. His contribution to the Con- uary 3, 2001, and under a previous order bank prospered and took an increasing gress has been significant in many of the House, the following Members share of the market for both deposits ways, including his participation on will be recognized for 5 minutes. and loans. Despite the setbacks of the the Asian Pacific American Caucus in f recessions during the late 1970s and the Congress. He taught us every day early 1980s, a more permanent struc- that he was here about the concerns of TRIBUTE TO THE LATE JESUS ture replaced the original facility as Asian Pacific Islanders and how we SABLAN LEON GUERRERO, the bank’s headquarters. could do a better job for them, to make FOUNDER AND CHAIRMAN OF In 1982, the bank opened a San Fran- the future brighter for them, as well as THE BANK OF GUAM cisco branch to support trade financing within the Hispanic Caucus. So these The SPEAKER pro tempore. Under a between California and Guam and to issues of diversity are issues on which previous order of the House, the gen- allow daytime interaction with the Mr. UNDERWOOD has led the way. tleman from Guam (Mr. UNDERWOOD) is He loves his district, he loves his peo- Federal Reserve Bank. Then, in the recognized for 5 minutes. ple, and he has served them very well mid-1980s, an opportunity arose to ex- Mr. UNDERWOOD. Mr. Speaker, first here every day he was in Congress. It pand to other markets when the Bank of all, I want to thank the minority has also been a privilege to call him a of America restructured and closed its whip and soon-to-be minority leader colleague. Pacific Island operations. Suddenly, Mr. Speaker, I wish them all the best for her kind remarks earlier today. the Bank of Guam had an established in their future endeavors, and I know Mr. Speaker, today I rise to honor a network of branches throughout the that we will see great things from man who has recently passed away in Western Pacific. them down the road, in addition to the Guam, the passing of Jesus Sablan The Bank of Guam first introduced magnificent contributions they have Leon Guerrero, the founder and chair- the ATM machine in 1984 and rapidly already made. man of the Bank of Guam. A pioneer, a expanded its electronic banking net- visionary, a businessman, a local and work over the next few years. As the f regional leader, a statesman, a pillar of economy continued to grow throughout ADJOURNMENT TO FRIDAY, the community with a spirit seasoned the decade, so did the Bank of Guam. NOVEMBER 22, 2002 by true grit, his experience during In 1990, it opened its 10-story head- The SPEAKER pro tempore. Without World War II, and emboldened with quarters building in Hatgatna, and the objection, when the House adjourns passionate ideals and altruism for building remains the most prominent today, it shall stand adjourned until 11 Guam, these are the qualities embodied structure in Guam’s capital city. a.m. on Friday, November 22, 2002. by the late Jesus Sablan Leon Guer- But most of all I think we want to There was no objection. rero, founder and chairman of the recognize Jesus Sablan Leon Guerrero f Board of the Bank of Guam. for his inspiration to the young people The dream started long before the of Guam. He is proof positive that the COMMUNICATION FROM THE HON. first cornerstone was laid for Guam’s people of Guam, the Chamorro people, RICHARD A. GEPHARDT, DEMO- first locally owned bank. In the 1940s, can be successful businessmen. Some- CRATIC LEADER Jesus Leon Guerrero worked in the times there is discussion in the society The SPEAKER pro tempore laid be- Navy-operated Bank of Guam as a tell- of Guam that there have not been too fore the House the following commu- er and then loan officer. The naval op- many successful local businessmen. He nication from RICHARD A. GEPHARDT, eration was later sold to the Bank of is one of them. He is also a role model Democratic Leader: America in 1950. for those of us who, when faced with HOUSE OF REPRESENTATIVES, During that time, Mr. Leon Guerrero difficult challenges, did not take no for OFFICE OF THE DEMOCRATIC LEADER, continued his banking career with the an answer. Mr. Jesus Sablan Leon Washington, DC, November 18, 2002. Bank of America and worked his way Guerrero not only took the challenge Hon. J. DENNIS HASTERT, up to the ranks of senior management. of opening a successful bank, but he Speaker of the House, House of Representatives, Washington, DC. However, he found out that once he was also indicated that he was not going to DEAR MR. SPEAKER: Pursuant to section assistant vice president of the Bank of let barriers artificially placed in front 5(g) of Public Law 107–202, I hereby appoint America, the Bank of America would of him to impede his service.

VerDate 0ct 31 2002 00:27 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K19NO7.004 H19PT1 H9030 CONGRESSIONAL RECORD — HOUSE November 19, 2002 He was a philanthropist, he was a one’s district who, but for this posi- fall. Yet the American people and its contributor to the growth of the island tion, I would have never come to meet Congress rallied to the Nation’s com- as a Board of Regents member, as a or know. As I leave the House, I do so mon defense. philanthropist throughout the island. with a far greater understanding of my It has been, to say the least, an excit- His wife Eugenia, his children, Lou constituency and my roots than when I ing 8 years. As I take my leave, I do so Leon Guerrero, who is a member of the arrived 8 years ago. with my faith restored in the American Guam legislature, Tony, who is cur- Furthermore, I have had the distinct democratic experiment, now more than rently CEO of the Bank of Guam, and pleasure of serving with my colleagues 220 years old. While elections may Jesse, also employed in the Bank of from all across this great Nation, from come and go, this body continues to op- Guam, will miss their father, as we all all walks of life, and from all points of erate. While we may disagree, we con- will miss him. We certainly want to view for whom I have the greatest re- tinue to do so in debate, rather than take the time to honor and celebrate spect. Serving in the House of Rep- through insurrection and armed strug- the life of one of Guam’s greatest citi- resentatives gives one a more clear un- gle. If I have any concerns, it is that zens, Jesus Sablan Leon Guerrero. derstanding of just how big and diverse perhaps we do not debate enough and f our Nation has really become. The that we have become less inclined to House is truly a unique national insti- point out our differences in philosophy. b 1215 tution in that its Members are the I fear that frustration from our inabil- EXPRESSING APPRECIATION AND closest to the people and their whims, ity to compromise is resulting in an GRATITUDE FOR THE OPPOR- and underscore our cultural, geo- unhealthy cleansing of our philo- TUNITY TO SERVE graphical, philosophical, ethnic, and sophical differences under a forced and religious diversity. conceived cloak of bipartisanship. The SPEAKER pro tempore (Mr. While ideology and partisan consider- Throughout my tenure, I have been THORNBERRY). Under the Speaker’s an- ations have frequently divided us, it willing on more than a few occasions to nounced policy of January 3, 2001, the often seems that geography and cul- walk across the aisle to reach a com- gentleman from Texas (Mr. BENTSEN) is ture are paramount. More importantly, promise and achieve a greater good. We recognized for 60 minutes as the des- one learns that there is more to our did this with the Budget Act in 1997, ignee of the minority leader. Nation than his or her district. It is the the children’s health care program, and Mr. BENTSEN. Mr. Speaker, I rise sum of these districts, their geography just recently with the Trade Adjust- today in what will be my last speech as and cultures, that make us whole and ment Assistance Act, to name but a a Member of the House to thank the strong. Even in this post-modern age, few. people of Texas’ 25th Congressional 220 years since the founding of our Na- I do not believe that compromise is a District for the privilege they have be- tion, what de Touqueville saw in our four-letter word, but, at the same time, stowed upon me to serve as their rep- democratic experience when he visited I have become dismayed with the rising resentative over these past 8 years. the United States in 1831 still holds chorus of those who believe Members I want to at the outset thank the true today. should hide their partisan and philo- gentlewoman from California (Ms. Throughout my tenure, I have had sophical differences as a means to PELOSI), the distinguished minority the opportunity to witness and partici- achieving an end. If we become devoid whip and incoming minority leader, pate in a part of our Nation’s history. of any beliefs, can we effectively rep- who in fact, as she mentioned, her I arrived with the Republican takeover resent those who have them? Most of grandchildren do live in the district of the House, a position I certainly did us, if not all of us, were sent here be- that I have had the honor of rep- not advocate, but that was nonetheless cause we believed in something, and resenting. She has been a great whip, historic. I watched as the government the people who sent us here believed in she is going to be a great leader for our came to a halt and a presidency was us. We should not be afraid to debate caucus, and we can expect some won- resurrected after a stinging mid-term our positions and differences any more derful things from her over the years. defeat. Even as the Congress took a than we should be afraid to com- I would also like to thank the gen- turn to the right, I was able to partici- promise at the end of a debate, if it is tleman from Guam (Mr. UNDERWOOD). pate in the greatest expansion of access for the good of the Nation. We have spent many hours together on to health care since Lyndon Johnson Too often, the perfect has been the flights, his flight a lot longer than was President through the Children’S enemy of the good. The world just does mine, but to get to Guam, he had to go Health Insurance Program and the not operate that way. While I appre- through Houston, so we had a good deal largest investment in higher education ciate the position of the majority of time to spend together. since Eisenhower was President. under the Rules of the House, I have Of course, Mr. Speaker, yourself as We went from deficits as far as the often been frustrated not so much by the Speaker’s designee, the gentleman eye can see to an era of surpluses in the loss of debate than by the lack of from Texas (Mr. THORNBERRY), my col- paying down the Nation’s debt, only to any real debate. It all too often seems league and classmate from the 104th see deficits and debt return. I was here that the majority is more concerned Congress, and it has been a privilege to when we dismantled the regulatory with stifling debate of issues, rather serve with him as well. barriers going back to the New Deal in than the potential altering of their I can think of no greater honor than finance and telecommunications and outcome. to be elected by one’s fellow citizens to saw the rise of the new economy. We Members of the minority and the ma- serve as their voice and vote in this, began making dramatic new invest- jority should be concerned with any the people’s House, in matters affect- ments in health and in basic science re- curtailment of actual debate. History ing their life, liberty, and property. I search as we witnessed historic break- tells us that our Founders were not consider myself to be among the fortu- throughs such as the mapping of the monolithic in philosophy and thought. nate few Americans, less than 10,000 human genetic structure. We enjoyed Jefferson and Adams were political ad- throughout history, who have had the the ‘‘best economy in a generation’’ versaries, yet they served together in opportunity to serve in this body. and impeached a President, witnessed an administration. Neither com- Mr. Speaker, as I have served, I have the downfall of a Speaker, a tied na- promised their views, but they led a learned more about my country and tional election and Supreme Court young Nation. The Congress must what it means to be an American, and intervention for the first time in the again learn to marry its idealogical I have learned more about my heritage history of our Nation, and saw that differences, debate, deliberation, and and home as a representative of the even in our time, mankind was still ca- leadership. people of Texas. I often have told pable of genocide in Europe and Africa. Mr. Speaker, as successful as our Na- friends at home how in this job it is Then we suffered a startling and dev- tion has been throughout its short his- not just the public figures with whom astating attack, killing nearly 4,000 in- tory, we confront many problems both one interacts that are the most inter- nocent Americans and others, and at home and abroad. In an amazingly esting but rather it is a chance to meet found our Nation at war and, once short time, we have lost our fiscal dis- so many of one’s fellow citizens in again, saw the economy go into a free- cipline just about at the time Social

VerDate 0ct 31 2002 23:24 Nov 19, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K19NO7.007 H19PT1 November 19, 2002 CONGRESSIONAL RECORD — HOUSE H9031 Security and Medicare will begin to Edgell, Ms. Ashley Etienne, Ms. Lisa make my family part of the experience. feel the burden of the retiring baby Hallford, Ms. Gabrielle Hargrove, Ms. They have had to put up with a lot, boomers. And yet it seems that few are Victoria Johnson, Ms. Amber Moon, nights and days away, missed school willing to face the reality of this pend- Ms. Brenda Murphy, Mr. Dominic events and uncertain schedules. ing crisis. We still have too many with- Nguyen, Ms. Hava Rothman, Mr. J.J. b 1230 out adequate access to health care, Slater, Ms. Pat Strong, Mr. Andrew even though we have the very best Wallace, the Honorable Ed Watson, and All too often Tamra had to play the medical assets in the history of the Ms. Barbara Winters. role of both parents in my absence. I world. Of our former staff, Mr. Ron Allen, know it was not easy. I have had the honor of representing Mr. Stephen Brown, Ms. Rosemary I once heard Senator Sam Nunn of the world’s largest medical center, the Burkland, Mr. Lloyd Chinn, Ms. Georgia speak at the National Prayer Texas Medical Center, with some of the Rosaline Cohen, Mr. Mark Daley, Ms. Breakfast, and he said, when asked greatest researchers and institutions Audrey Duff, Ms. Natalya Estridge, Mr. what his greatest accomplishment was on the planet and yet, even with its Ruben Garcia, Ms. Jennifer Goodman, in all those years in the other body, dedicated staff and investment, within Ms. Meredith Grabois, Mr. Stephen that ‘‘I kept my family together.’’ He a mile of these fine people and institu- Hofmann, Mr. Jonathan Kaplan, Mr. was right. But I also know that Tamra, tions too many of our fellow citizens Lincoln Lobley, Thomas Mayo, Ms. Louise, Meredith, and I will miss this lack access to the benefits of their Sandy McManus, Mr. Gary Palmquist, place, and it will forever be etched care. Ms. Sonya Pastor, Ms. Diane Patter- upon our hearts. We still have too many Americans son, Mr. Isaac Pesin, Ms. Sheryl Mr. Speaker, 8 years ago I was given struggling to make ends meet, even Roppolo, Ms. Patricia Rojas, Ms. Susan the opportunity to serve my fellow though we have proven to have the Schieffer, Ms. Jessica Segal, Ms. Lisa citizens of Texas’ 25th Congressional most efficient and successful economic Sherrod, Mr. Whet Smith, Ms. District, my State, and my Nation. model. Samantha Smoot, Ms. Barbara Stalder, Few get that chance, not only to wit- We still face dangers and threats, Ms. Kathryn Tsuchida, Mr. Jeremy ness history, but to participate in its even though we have the strongest Warren, Mr. Vince Willmore, Ms. Jen- making, even if in a small way. I have military, by far. Our democracy and nifer Winans, Mr. Patrick Woehrle, and had that chance, and I have tried my way of life may well face threats if we Mr. Bobby Zafarnia. hardest every day to do the very best do not act, not merely to defend our- In addition, Katie Rosenberg who that I could. We did not win every bat- selves and our allies, but to eradicate served as a page, and 75, more than 75 tle, but I believe we finished ahead of poverty and tyranny throughout the interns who served in our offices in where we started. I am confident that world. The growing number of poor Washington and throughout the dis- our efforts have resulted in the better- throughout the world is immoral and trict. ment of people’s lives. should be unacceptable to a free and These individuals have, in many Most of all, I have had the chance to democratic society such as ours. Fail- ways, become an extension of our fam- serve my people, doing the same that ure to use our economic might and ily; and we will always be grateful. our forefathers did more than 200 years commitment to freedom and individual I also want to thank the professional ago in the founding of this Nation. The liberty can only result in a greater staff with whom I have had the privi- people of the 25th Congressional Dis- threat to our own freedoms. lege to work with here on the floor, the trict gave me this opportunity to be a The challenges are too great to ig- Parliamentarian, the Sergeant at part of history and the American nore, but I believe the people of this Arms, the Chaplain, the Clerk, and the democratic experiment, and for that I body possess the ability, if they muster Cloakroom and in committee. They, shall be eternally grateful. the will. As America continues to lead, too, are among the most dedicated f we must confront those issues before souls I have ever met. As some may they confront us. know, I, too, was once staff of this in- RECESS Mr. Speaker, mine has been a tre- stitution and I understand the burdens The SPEAKER pro tempore (Mr. mendous experience for which I am of their jobs and I leave with nothing THORNBERRY). Pursuant to clause 12 of truly grateful to my constituents. I but the highest respect. rule I, the Chair declares the House in have always tried my best to represent Mr. Speaker, let me thank my family recess until approximately 12:40 p.m. not just those who voted for me but for allowing me the opportunity to Accordingly (at 12 o’clock and 31 those who voted for someone else and seek and undertake my position as a minutes p.m.), the House stood in re- those who did not vote at all. I have Member of the House. As every Member cess until approximately 12:40 p.m. had the benefit of serving alongside knows, this job, with all of its glory f some of the finest individuals I will and grandeur, can be grueling on our ever meet, from both parties and Inde- families. No Member is an exception to b 1254 pendents, and while their friendship this rule. But, at the same time, my AFTER RECESS will endure, more importantly, as I re- wonderful wife, Tamra, who is in the turn to private life, I am comforted in gallery today and our two beautiful The recess having expired, the House knowing that the leadership of the Na- daughters, Louise and Meredith, have was called to order by the Speaker pro tion remains in such competent and found a home and an extended family tempore (Mr. THORNBERRY) at 12 committed hands. in this body. o’clock and 54 minutes p.m. My tenure in the House would not I can still remember my first day on f have been at all successful had it not January 4, 1995, sitting just to the REQUESTING SENATE TO RETURN been for the excellent staff who tire- right of where I stand today with our OFFICIAL PAPERS ON S. 1843, EX- lessly served the people of the 25th dis- two girls, then just 2 and 4. It was a TENDING CERTAIN HYDRO- trict and our Nation. Often going unno- long day with a lot of speeches. The ELECTRIC LICENSES IN THE ticed, these individuals deserve the gentlewoman from New York (Mrs. STATE OF ALASKA credit for a job well done, as I know MALONEY), juggled Meredith, while Members would agree about their own Louise searched the floor for some- Mr. COX. Mr. Speaker, I ask unani- staff. I would like to take a moment to thing else to do. mous consent that the Clerk of the read their names into the RECORD, be- Throughout the years, these two girls House of Representatives be directed to cause they deserve to be inscribed in have grown up in part on this floor, request the Senate to return the offi- the history of this body for the work playing in the cloakroom, wrestling cial papers on S. 1843, to extend certain they have done. and dozing off in chairs during late- hydroelectric licenses in the State of Mr. Speaker, if my colleagues permit night debates. They harassed the staff, Alaska. me, they are as follows: of my current created havoc, and always felt at home. The House is requesting the return of staff, Ms. Willie Belle Boone, Ms. Jes- I cannot thank the Members and the these official papers to correct an inad- sica de la Torre-Sauceda, Ms. Bradley staff enough for what you have done to vertent error that emerged during its

VerDate 0ct 31 2002 23:24 Nov 19, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K19NO7.009 H19PT1 H9032 CONGRESSIONAL RECORD — HOUSE November 19, 2002 post-passage processing. We are hopeful could not have had more fun this sea- of my time to the gentle monkey from that the Senate will agree to this re- son. I attended a lot of Angels’ games, California. quest and allow the will of the House starting with their first home game f on this bill to be reflected. and going throughout the season, ulti- The SPEAKER pro tempore. Is there mately winding up with that excep- SPECIAL ORDERS GRANTED objection to the request of the gen- tional playoff series against the New By unanimous consent, permission to tleman from California? York Yankees, then against the Min- address the House, following the legis- There was no objection. nesota Twins, and finally against the lative program and any special orders f San Francisco Giants. heretofore entered, was granted to: I do not think that there is much in (The following Member (at the re- CONGRATULATING WORLD SERIES baseball that can compare to it, par- BASEBALL CHAMPIONS, THE quest of Mr. UNDERWOOD) to revise and ticularly since in game six of the World extend his remarks and include extra- ANAHEIM ANGELS Series we had the greatest comeback in neous material:) The SPEAKER pro tempore. Under a World Series history. Again, just so Mr. UNDERWOOD, for 5 minutes, today. typical of the grit and determination of previous order of the House, the gen- (The following Member (at his own this Angels team, coming from behind tleman from California (Mr. COX) is request) to revise and extend his re- recognized for 5 minutes. time and time and time again. The players on this team work hard. marks and include extraneous mate- Mr. COX. Mr. Speaker, I would like rial:) to take the time of the House of Rep- They play the game the way it should Mr. COX, for 5 minutes, today. resentatives to bring to our attention be played. They sacrificed their indi- the thrilling victory of the Anaheim vidual ambitions for the good of the f team. There is so much that we can all Angels in the World Series. Just last EXTENSION OF REMARKS week, this House approved a resolu- take away from this, so much to learn By unanimous consent, permission to tion, which I authored and which was about what makes success. They did revise and extend remarks was granted cosponsored by the congressional dele- their jobs with dignity. to: gation from Orange County, California, The spirit of the team is captured on the words of the ‘‘Thunder Sticks’’ that Ms. PELOSI and to include extraneous commending the Anaheim Angels. That were used so often during the World Se- material, notwithstanding the fact resolution, not surprisingly, passed ries, ‘‘Yes, we can!’’ It is as good for ev- that it exceeds two pages and is esti- unanimously. erybody in America as it was for the I would like to just take the time mated by the Public Printer to cost fans of the Anaheim Angels this year. $3,023. that we did not have, because of the Nobody can forget the ‘‘Rally Mon- f press of business at that moment, to key.’’ But the rally monkey was really describe a little bit of what went on in a way for the players to inspire and SENATE BILLS REFERRED the run-up to the World Series and just honor their team, because this was all what an extraordinary group of men Bills and a concurrent resolution of about the team. This was all about the the Senate of the following titles were won this championship baseball series; individual players and how they what an extraordinary group of men, taken from the Speaker’s table and, worked together and contributed to under the rule, referred as follows: women and children throughout South- that overall effort. ern California, and I think ultimately Nobody can forget how Tim Salmon S. 754. An act to enhance competition for throughout America, were behind them came to the plate in game two to hit prescription drugs by increasing the ability in their heroic efforts. of the Department of Justice and Federal two home runs, giving the Angels a Trade Commission to enforce existing anti- I think everyone knows that the Ana- crucial home victory before the series trust laws regarding brand name drugs and heim Angels had a rough start to their moved to San Francisco for three generic drugs; to the Committee on Energy season. They started out losing 14 of games. and Commerce; in addition to the Committee their first 20 games. Now, a lot of us Nobody can forget how Scott Spiezio on the Judiciary for a period to be subse- here in the political line of work, a lot hit a three-run homer which brought quently determined by the Speaker, in each of people who watch baseball as an avo- the Angels to within two in the bottom case for consideration of such provisions as cation for sports, understand what it is of the 7th inning in game six. fall within the jurisdiction of the committee like to get behind the 8-ball, what it is Nobody can forget Darin Erstad and concerned. S. 2799. An act to provide for the use and like to know that not only are you not his long ball in the eighth inning, which carried the Angels to within one distribution of certain funds awarded to the on top of the heap, but you are way be- Gila River Pima-Maricopa Indian Commu- hind, and nobody expects you to win. run of the Giants; and Troy Glaus, who nity, and for other purposes; to the Com- This did not hold back the Anaheim sent a double into left field, scoring the mittee on Resources. Angels in the end one wit. In fact, it tying run and the go-ahead run that S. 2869. An act to facilitate the ability of was ultimately the source of their gave the Angels a six-to-five win. certain spectrum auction winners to pursue strength. Each one of these players, a different alternative measures required in the public They came from behind not just at one seemingly every time, rose to the interest to meet the needs of wireless tele- the beginning of the season to over- occasion, and that is what made this communications consumers; to the Com- such a team effort. There was David mittee on Energy and Commerce. come this 14 out of 20 deficit, but time S. 2949. An act to provide for enhanced after time after time when they were Eckstein, Garret Anderson, and all the rest of the Angels whose outstanding aviation security, and for other purposes; to behind in even the late innings of base- the Committee on Transportation and Infra- ball games. That is what kind of grit play put away game seven. structure; in addition to the Committee on and determination this team had that There was always, at the most excit- Energy and Commerce for a period to be sub- put them on top throughout the play- ing moment, Troy Percival to close the sequently determined by the Speaker, in game. Percival’s remarkable pitching offs and ultimately throughout the each case for consideration of such provi- has already become the stuff of World sions as fall within the jurisdiction of the best of seven in the World Series. That Series legend. And the Anaheim Angels committee concerned. is why we were all so proud in this of 2002 will go down in history as a S. 2951. An act to authorize appropriations House of Representatives to congratu- team built on character and on heart. for the Federal Aviation Administration, and late the winning team in this year’s Sure, we have our Gold Glove win- for other purposes; to the Committee on World Series, because they are em- ners, Ben Molina, the catcher; Darin Science. S. 3172. An act to improve the calculation blematic of what is so great about Erstad, the center fielder. Sure, we American sport and, ultimately, about of the Federal subsidy rate with respect to have our stars. In fact, ultimately ev- certain small business loans, and for other American character, this never-give- eryone on this team was a star. But up, never-say-die attitude. purposes; to the Committee on the Budget; more than anything it was a team. in addition to the Committee on Small Busi- As a regular fan of the Angels, par- b 1300 ness for a period to be subsequently deter- ticularly because my kids are so in- mined by the Speaker, in each case for con- spired by Angels baseball and such It was a team of champions. With sideration of such provisions as fall within baseball fans and players themselves, I that, Mr. Speaker, I yield the balance the jurisdiction of the committee concerned.

VerDate 0ct 31 2002 23:24 Nov 19, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K19NO7.012 H19PT1 November 19, 2002 CONGRESSIONAL RECORD — HOUSE H9033 S. Con. Res. 122. Concurrent resolution ex- H.R. 3394. ‘‘Cyber Security Research and — Investment and Deposit Activities; Cor- pressing the sense of Congress that security, Development Act.’’ porate Credit Unions — received November reconciliation, and prosperity for all Cyp- H.R. 4878. To provide for estimates and re- 14, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to riots can be best achieved within the context ports of improper payments by Federal agen- the Committee on Financial Services. of membership in the European Union which cies. 10085. A letter from the Assistant Sec- will provide significant rights and obliga- H.R. 5349. To facilitate the use of a portion retary, Investment Management, Securities tions for all Cypriots, and for other purposes; of the former O’Reilly General Hospital in and Exchange Commission, transmitting the to the Committee on International Rela- Springfield, Missouri, by the local Boys and Commission’s final rule — Disclosure of tions. Girls Club through the release of the rever- Costs and Expenses by Insurance Company f sionary interest and other interests retained Separate Accounts Registered as Unit In- by the United States in 1955 when the land vestment Trusts that Offer Variable Annuity ENROLLED BILLS SIGNED was conveyed to the State of Missouri. Contracts [Release Nos. 33-8147; IC-25802; File Mr. Trandahl, Clerk of the House, re- f No. S7- 07-02] (RIN: 3235-AI39) received No- vember 14, 2002, pursuant to 5 U.S.C. ported and found truly enrolled bills of ADJOURNMENT the House of the following titles, which 801(a)(1)(A); to the Committee on Financial Services. were thereupon signed by the Speaker: Mr. COX. Mr. Speaker, I move that the House do now adjourn. 10086. A letter from the Assistant General H.R. 2621. An act to amend title 18, United The motion was agreed to; accord- Counsel for Regulatory Law, Department of States Code, with respect to consumer prod- Energy, transmitting the Department’s final uct protection. ingly (at 1 o’clock and 1 minute p.m.), rule — Security Conditions [DOE N 473.8] re- H.R. 3758. An act for the relief of So Hyun under its previous order, the House ad- ceived November 14, 2002, pursuant to 5 Jun. journed until Friday, November 22, U.S.C. 801(a)(1)(A); to the Committee on En- H.R. 3988. An act to amend title 36, United 2002, at 11 a.m. ergy and Commerce. States Code, to clarify the requirements for f 10087. A letter from the Assistant General eligibility in the American Legion. Counsel for Regulatory Law, Department of H.R. 4546. An act to authorize appropria- EXECUTIVE COMMUNICATIONS, Energy, transmitting the Department’s final tions for fiscal year 2003 for military activi- ETC. rule — Eligibility for Security Police Officer ties of the Department of Defense, for mili- Positions in the Personnel Security Assur- tary construction, and for defense activities Under clause 8 of rule XII, executive communications were taken from the ance Program (RIN: 1992-AA30) received No- of the Department of Energy, to prescribe vember 14, 2002, pursuant to 5 U.S.C. personnel strengths for such fiscal year for Speaker’s table and referred as follows: 801(a)(1)(A); to the Committee on Energy and the Armed Forces, and for other purposes. 10077. A letter from the Acting Principal Commerce. H.R. 4628. An act to authorize appropria- Deputy Associate Administrator, Environ- 10088. A letter from the Assistant General tions for fiscal year 2003 for intelligence and mental Protection Agency, transmitting the Counsel for Regulatory Law, Department of intelligence-related activities of the United Agency’s final rule — Bacillus Cereus Strain Energy, transmitting the Department’s final States Government, the Community Man- BPO1; Exemption from the Requirement of a rule — Departmental Energy and Utilities agement Account, and the Central Intel- Tolerance [OPP-2002-0291; FRL-7277-3] re- Management [DOE O 430.2A] received Novem- ligence Agency Retirement and Disability ceived November 15, 2002, pursuant to 5 ber 14, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); System, and for other purposes. U.S.C. 801(a)(1)(A); to the Committee on Ag- to the Committee on Energy and Commerce. H.R. 4727. An act to reauthorize the na- riculture. 10089. A letter from the Acting Principal tional dam safety program, and for other 10078. A communication from the President purposes. Deputy Associate Administrator, Environ- of the United States, transmitting a request mental Protection Agency, transmitting the H.R. 5590. An act to amend title 10, United to make available emergency funds for the States Code, to provide for the enforcement Agency’s final rule — Georgia: Final Author- Department of Treasury’s Air Transpor- ization of State Hazardous Waste Manage- and effectiveness of civilian orders of protec- tation Stabilization Program; (H. Doc. No. tion on military installations. ment Program Revision [FRL 7409-2] re- 107—283); to the Committee on Appropria- ceived November 13, 2002, pursuant to 5 H.R. 5708. An act to reduce preexisting tions and ordered to be printed. PAYGO balances, and for other purposes. U.S.C. 801(a)(1)(A); to the Committee on En- 10079. A letter from the Acting General ergy and Commerce. H.R. 5716. An act to amend the Employee Counsel, Department of Defense, transmit- 10090. A letter from the Acting Principal Retirement Income Security Act of 1974 and ting the Department’s legislation to extend Deputy Associate Administrator, Environ- the Public Health Service Act to extend the through 2003 the authorities necessary to mental Protection Agency, transmitting the mental health benefits parity provisions for continue the unified campaign against drugs Agency’s final rule — Approval and Promul- an additional year. and terrorism in Colombia; to the Com- gation of Air Quality Implementation Plans mittee on Armed Services. f for the State of Montana; Revisions to the 10080. A letter from the Assistant General Administrative Rules of Montana [SIP No. SENATE ENROLLED BILL SIGNED Counsel for Regulations, Department of MT-001-0043, FRL-7397-4] received November Housing and Urban Development, transmit- The SPEAKER announced his signa- 15, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Department’s final rule — Housing ture to an enrolled bill of the Senate of the Committee on Energy and Commerce. the following title: Choice Voucher Program Homeownership Option: Eligibility of Units Owned or Con- 10091. A letter from the Acting Principal S. 1214. An act to amend the Merchant Ma- trolled by a Public Housing Agency; Correc- Deputy Associate Administrator, Environ- rine Act, 1936, to establish a program to en- tion [Docket No. FR-4759-C-02] (RIN: 2577- mental Protection Agency, transmitting the sure greater security for United States sea- AC39) received November 14, 2002, pursuant Agency’s final rule — Approval and Promul- ports, and for other purposes. to 5 U.S.C. 801(a)(1)(A); to the Committee on gation of Implementation Plans; Indiana [IN145-1a; FRL-7398-5] received November 15, f Financial Services. 10081. A letter from the President and 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the BILLS PRESENTED TO THE Chairman, Export-Import Bank of the United Committee on Energy and Commerce. PRESIDENT States, transmitting a report involving U.S. 10092. A letter from the Acting Principal Jeff Trandahl, Clerk of the House re- exports to Romania, pursuant to 12 U.S.C. Deputy Associate Administrator, Environ- 635(b)(3)(i); to the Committee on Financial mental Protection Agency, transmitting the ports that on November 15, 2002 he pre- Agency’s final rule — Approval and Promul- sented to the President of the United Services. 10082. A letter from the President and gation of State Plan for Designated Facili- States, for his approval, the following Chairman, Export-Import Bank of the United ties and Pollutants; State of Mississippi bills. States, transmitting a report involving U.S. [MS-200301(a); FRL-7404-2] received Novem- H.R. 1070. ‘‘Great Lakes and Lake Cham- exports to Ireland, pursuant to 12 U.S.C. ber 15, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); plain Act of 2002.’’ 635(b)(3)(i); to the Committee on Financial to the Committee on Energy and Commerce. H.R. 2546. ‘‘Real Interstate Driver Equity Services. 10093. A letter from the Acting Principal Act of 2002.’’ 10083. A letter from the General Counsel, Deputy Associate Administrator, Environ- H.R. 3340. To amend title 5, United States Federal Housing Finance Board, transmit- mental Protection Agency, transmitting the Code, to allow certain catch-up contribu- ting the Board’s final rule — Affordable Agency’s final rule — Revisions to the Cali- tions to the Thrift Savings Plan to be made Housing Program Amendments [No. 2002- 52] fornia State Implementation Plan, Imperial by participants age 50 or over; to reauthorize (RIN: 3069-AB16) received November 14, 2002, County Air Pollution Control District the Merit Systems Protection Board and the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [CA242-0373a; FRL-7395-8] received November Office of Special Counsel; and for other pur- mittee on Financial Services. 15, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to poses. 10084. A letter from the General Counsel, the Committee on Energy and Commerce. H.R. 3389. ‘‘National Sea Grant College National Credit Union Administration, 10094. A letter from the Acting Principal Program Act Amendments of 2002.’’ transmitting the Administration’s final rule Deputy Associate Administrator,

VerDate 0ct 31 2002 00:27 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A19NO7.001 H19PT1 H9034 CONGRESSIONAL RECORD — HOUSE November 19, 2002 Environmental Protection Agency, transmit- tions, Montgomery, Alabama [MB Docket copy of D.C. ACT 14-517 ‘‘Medical Support Es- ting the Agency’s final rule — Approval and No. 02-132; RM-10374] received November 14, tablishment and Enforcement Temporary Promulgation of Implementation Plans for 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Amendment Act of 2002’’ received November Kentucky: Approval of Revisions to the Jef- Committee on Energy and Commerce. 14, 2002, pursuant to D.C. Code section 1— ferson County Portion of the Kentucky State 10103. A letter from the Senior Legal Advi- 233(c)(1); to the Committee on Government Implementation Plan [KY-138; KY-140; KY- sor to the Bureau Chief, Media Bureau, Fed- Reform. 141-200303(a); FRL-7409-1] received November eral Communications Commission, transmit- 10113. A letter from the Chairman, Council 13, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Commission’s final rule — Amend- of the District of Columbia, transmitting a the Committee on Energy and Commerce. ment of Section 73.606(b), Table of Allot- copy of D.C. ACT 14-516, ‘‘District of Colum- 10095. A letter from the Acting Principal ments, Television Broadcast Stations; and bia Flag Adoption and Design Act of 2002’’ Deputy Associate Administrator, Environ- Section 73.622(b), Table of Allotments, Dig- received November 14, 2002, pursuant to D.C. mental Protection Agency, transmitting the ital Broadcast Television Stations, Des Code section 1—233(c)(1); to the Committee Agency’s final rule — Motor Vehicle Emis- Moines, Iowa [MB Docket No. 02-130; RM- on Government Reform. sions Budgets in Progress, Attainment, and 10438] received November 14, 2002, pursuant 10114. A letter from the Chairman, Council Maintenance State Implementation Plans to 5 U.S.C. 801(a)(1)(A); to the Committee on of the District of Columbia, transmitting a for Ozone, Carbon Monoxide, and Nitrogen Energy and Commerce. copy of D.C. ACT 14-515, ‘‘Department of In- Dioxide; California [CA-079-SIPS; FRL-7408- 10104. A letter from the Legal Advisory, surance and Securities Regulation Procure- 5] received November 13, 2002, pursuant to 5 WTB, Federal Communications Commission, ment Amendment Act of 2002’’ received No- U.S.C. 801(a)(1)(A); to the Committee on En- transmitting the Commission’s final rule — vember 14, 2002, pursuant to D.C. Code sec- ergy and Commerce. Amendment of Part 95 of the Commission’s tion 1—233(c)(1); to the Committee on Gov- 10096. A letter from the Acting Principal Rules to authorize the use of 406.025 MHz for ernment Reform. Deputy Associate Administrator, Environ- Personal Locator Beacons (PLB) [WT Docket 10115. A letter from the Chairman, Council mental Protection Agency, transmitting the No. 99-366] received November 14, 2002, pursu- of the District of Columbia, transmitting a Agency’s final rule — National Emission ant to 5 U.S.C. 801(a)(1)(A); to the Committee copy of D.C. ACT 14-497, ‘‘Motor Definition Standards for Hazardous Air Pollutants: on Energy and Commerce. Electric Personal Assistive Mobility Device Paper and Other Web Coating [FRL-7385-5] 10105. A letter from the Assistant Sec- Exemption Amendment Act of 2002’’ received (RIN: 2060-AG58) received November 13, 2002, retary for Legislative Affairs, Department of November 14, 2002, pursuant to D.C. Code sec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- State, transmitting certification of a pro- tion 1—233(c)(1); to the Committee on Gov- mittee on Energy and Commerce. posed license for the export of defense arti- ernment Reform. 10097. A letter from the Senior Legal Advi- cles or defense services sold commercially 10116. A letter from the Chairman, Council sor to the Bureau Chief, Media Bureau, Fed- under a contract to international waters in of the District of Columbia, transmitting a eral Communications Commission, transmit- the Pacific Ocean for Sea Launch or to copy of D.C. ACT 14-492, ‘‘Square 456 Pay- ting the Commission’s final rule — Amend- Kourou, French Guiana on an Ariane Launch ment in Lieu of Taxes Act of 2002’’ received ment of Section 73.622(b), Table of Allot- Vehicle [Transmittal No. DTC 246-02], pursu- November 14, 2002, pursuant to D.C. Code sec- ments, Digital Television Broadcast Stations ant to 22 U.S.C. 2776(c); to the Committee on tion 1—233(c)(1); to the Committee on Gov- (Tyler, Texas) [MM Docket No. 01-244; RM- International Relations. ernment Reform. 10234]; Amendment of Section 73.622(b), Table 10106. A letter from the Assistant Sec- 10117. A letter from the Chairman, Council of Allotments, Digital Television Broadcast retary for Legislative Affairs, Department of of the District of Columbia, transmitting a Stations (Lufkin, Texas) [MM Docket No. 01- State, transmitting certification of a pro- copy of D.C. ACT 14-491, ‘‘Prostate Cancer 245; RM-10235] received November 14, 2002, posed export license Agreement with Ger- Screening Insurance Coverage Requirement pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- many, Italy, Spain, and the United Kingdom Act of 2002’’ received November 14, 2002, pur- mittee on Energy and Commerce. [Transmittal No. DTC 282-02], pursuant to 22 suant to D.C. Code section 1—233(c)(1); to the 10098. A letter from the Senior Legal Advi- U.S.C. 2776(c); to the Committee on Inter- Committee on Government Reform. sor to the Bureau Chief, Media Bureau, Fed- national Relations. 10118. A letter from the Chairman, Council eral Communications Commission, transmit- 10107. A letter from the Assistant Legal of the District of Columbia, transmitting a ting the Commission’s final rule — Amend- Adviser for Treaty Affairs, Department of copy of D.C. ACT 14-490, ‘‘Carl Wilson Bas- ment of Section 73.622(b), Table of Allot- State, transmitting copies of international ketball Court Designation Act of 2002’’ re- ments, Digital Television Broadcast Sta- agreements, other than treaties, entered into ceived November 14, 2002, pursuant to D.C. tions, Lewisburg, West Virginia [MB Docket by the United States, pursuant to 1 U.S.C. Code section 1—233(c)(1); to the Committee No. 02-178; RM-10456] received November 14, 112b(a); to the Committee on International on Government Reform. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Relations. 10119. A letter from the President, African Committee on Energy and Commerce. 10108. A communication from the President Development Foundation, transmitting a re- 10099. A letter from the Senior Legal Advi- of the United States, transmitting a supple- port in compliance with the Inspector Gen- sor to the Bureau Chief, Media Bureau, Fed- mental report, consistent with the War Pow- eral Act, pursuant to 5 U.S.C. app. (Insp. eral Communications Commission, transmit- ers Resolution, to help ensure that the Con- Gen. Act) section 5(b); to the Committee on ting the Commission’s final rule — Amend- gress is kept fully informed on continued Government Reform. ment of Section 73.606(b), Table of Allot- U.S. contributions in support of peace- 10120. A letter from the Director of Engi- ments, Television Broadcast Stations, To- keeping efforts in Kosovo; (H. Doc. No. 107— neering, Maintenance and Operations, Amer- peka, Kansas [MB Docket No. 02-154; RM- 282); to the Committee on International Re- ican Battle Monuments Commission, trans- 10490] received November 14, 2002, pursuant lations and ordered to be printed. mitting a report required by the Freedom of to 5 U.S.C. 801(a)(1)(A); to the Committee on 10109. A letter from the Assistant Sec- Information Act for FY 2002; to the Com- Energy and Commerce. retary of Commerce for Export Administra- mittee on Government Reform. 10100. A letter from the Senior Legal Advi- tion, Department of Commerce, transmitting 10121. A letter from the Attorney/Advisor, sor to the Bureau Chief, Media Bureau, Fed- the Department’s final rule — Exports and Bureau of Transportation Statistics, trans- eral Communications Commission, transmit- Reexports to the Federal Republic of Yugo- mitting a report pursuant to the Federal Va- ting the Commission’s final rule — Amend- slavia: Lifting of UN Arms Embargo-Based cancies Reform Act of 1998; to the Com- ment of Section 73.606(b), Table of Allot- Controls; Clarification of UN Arms Embargo- mittee on Government Reform. ments, Television Broadcast Stations, New Based Controls on Rwanda [Docket No. 10122. A letter from the Attorney/Advisor, Iberia, Louisiana [MB Docket No. 02-153; RM- 021009232-2232-01] (RIN: 0694-AC57) received Bureau of Transportation Statistics, trans- 10454] received November 14, 2002, pursuant November 14, 2002, pursuant to 5 U.S.C. mitting a report pursuant to the Federal Va- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Inter- cancies Reform Act of 1998; to the Com- Energy and Commerce. national Relations. mittee on Government Reform. 10101. A letter from the Senior Legal Advi- 10110. A letter from the Chairman, Council 10123. A letter from the Executive Director, sor to the Bureau Chief, Media Bureau, Fed- of the District of Columbia, transmitting a Federal Retirement Thrift Investment eral Communications Commission, transmit- copy of D.C. ACT 14-488, ‘‘Government Sport Board, transmitting a report in compliance ting the Commission’s final rule — Amend- Utility Vehicle Purchasing Amendment Act with the Inspector General Act and the Fed- ment of Section 73.606(b), Table of Allot- of 2002’’ received November 14, 2002, pursuant eral Managers’ Financial Integrity Act, pur- ments, Television Broadcast Stations, to D.C. Code section 1—233(c)(1); to the Com- suant to 5 U.S.C. app. (Insp. Gen. Act) sec- Wiggins, Mississippi [MB Docket No. 02-152; mittee on Government Reform. tion 5(b); to the Committee on Government RM-10457] received November 14, 2002, pursu- 10111. A letter from the Chairman, Council Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee of the District of Columbia, transmitting a 10124. A letter from the Administrator, Na- on Energy and Commerce. copy of D.C. ACT 14-489, ‘‘Mandarin Oriental tional Aeronautics and Space Administra- 10102. A letter from the Senior Legal Advi- Hotel Project Tax Deferral Act of 2002’’ re- tion, transmitting a report on the Annual In- sor to the Bureau Chief, Media Bureau, Fed- ceived November 14, 2002, pursuant to D.C. ventory of Commercial Activities; to the eral Communications Commission, transmit- Code section 1—233(c)(1); to the Committee Committee on Government Reform. ting the Commission’s final rule — Amend- on Government Reform. 10125. A letter from the Director, Office of ment of Section 73.622(b), Table of Allot- 10112. A letter from the Chairman, Council Personnel Management, transmitting the Of- ments, Digital Television Broadcast Sta- of the District of Columbia, transmitting a fice’s legislative proposal, ‘‘Postal

VerDate 0ct 31 2002 00:27 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\L19NO7.000 H19PT1 November 19, 2002 CONGRESSIONAL RECORD — HOUSE H9035 Civil Service Retirement System Funding 10136. A letter from the Paralegal Spe- 10145. A letter from the Paralegal Spe- Reform Act of 2002’’; to the Committee on cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, Government Reform. transmitting the Department’s final rule — transmitting the Department’s final rule — 10126. A letter from the Assistant Sec- Modification of Class E Airspace; Needles Airworthiness Directives; Titeflex Corpora- retary for Fish and Wildlife and Parks, De- Airport, CA [Airspace Docket No. 01-AWP-15] tion [Docket No. 2000-NE-57-AD; Amendment partment of the Interior, transmitting a re- received November 14, 2002, pursuant to 5 39-12938; AD 2002-22-12] (RIN: 2120-AA64) re- port on plans and recommendations to estab- U.S.C. 801(a)(1)(A); to the Committee on ceived November 14, 2002, pursuant to 5 lish a Dwight D. Eisenhower memorial, pur- Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on suant to Public Law 106—79, section 8162 (113 10137. A letter from the Paralegal Spe- Transportation and Infrastructure. Stat. 1275); to the Committee on Resources. cialist, FAA, Department of Transportation, 10146. A letter from the Paralegal Spe- 10127. A letter from the Director, Office of transmitting the Department’s final rule — cialist, FAA, Department of Transportation, Surface Mining, Department of the Interior, Revocation of Restricted Area R-5207, Rom- transmitting the Department’s final rule — transmitting the Department’s final rule — ulus, NY [Docket No. FAA-2002-13624; Air- Airworthiness Directives; Textron Lycoming Kentucky Regulatory Program [KY-237-FOR] space Docket No. 02-AEA-17] (RIN: 2120- AEIO-540, IO-540, LTIO-540, O-540, and TIO- received November 14, 2002, pursuant to 5 AA66) received November 14, 2002, pursuant 540, Series Reciprocating Engines [Docket U.S.C. 801(a)(1)(A); to the Committee on Re- to 5 U.S.C. 801(a)(1)(A); to the Committee on No. 2002-NE-31-AD; Amendment 39-12950; AD sources. Transportation and Infrastructure. 2002-23-06] (RIN: 2120-AA64) received Novem- 10128. A letter from the Director, Office of 10138. A letter from the Paralegal Spe- ber 14, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); Sustainable Fisheries, NMFS, National Oce- cialist, FAA, Department of Transportation, to the Committee on Transportation and In- anic and Atmospheric Administration, trans- transmitting the Department’s final rule — frastructure. mitting the Administration’s final rule — Amendment to Using Agency for Restricted 10147. A letter from the Chief, Regulations Atlantic Highly Migratory Species Fisheries; Area 2301W Ajo West, AZ [Docket No. FAA- and Administrative Law, USCG, Department Atlantic Bluefin Tuna [I.D. 102202A] received 2002-13525; Airspace Docket No. 02-AWP-08] of Transportation, transmitting the Depart- November 14, 2002, pursuant to 5 U.S.C. (RIN: 2120-AA66) received November 14, 2002, ment’s final rule — Regulated Navigation 801(a)(1)(A); to the Committee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Area, Safety and Security Zones; Long Is- 10129. A letter from the Assistant Adminis- mittee on Transportation and Infrastruc- land Sound Marine Inspection and Captain of trator for Fisheries, NMFS, National Oce- ture. the Port Zone [CGD01-01-187] (RIN: 2115-AE84, anic and Atmospheric Administration, trans- 10139. A letter from the Paralegal Spe- AA97) received November 14, 2002, pursuant mitting the Administration’s final rule — cialist, FAA, Department of Transportation, to 5 U.S.C. 801(a)(1)(A); to the Committee on Endangered and Threatened Wildlife and transmitting the Department’s final rule — Transportation and Infrastructure. Plants; Determination of Endangered Status Airworthiness Directives; Gulfstream Aero- 10148. A letter from the Chief, Regulations for the Carson Wandering Skipper (RIN: 1018- space LP Model Galaxy and Gulfstream 200 and Administrative Law, USCG, Department AI18) received November 14, 2002, pursuant to Airplanes [Docket No. 2002-NM-265-AD; of Transportation, transmitting the Depart- 5 U.S.C. 801(a)(1)(A); to the Committee on Amendment 39-12945; AD 2002-23-01] (RIN: ment’s final rule — Drawbridge Operation Resources. Regulation; Industrial Seaway Canal, Gulf- 10130. A letter from the Acting Director, 2120-AA64) received November 14, 2002, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee port, MS [CGD08-02-031] (RIN: 2115-AE47) re- Office of Sustainable Fisheries, NMFS, Na- ceived November 14, 2002, pursuant to 5 tional Oceanic and Atmospheric Administra- on Transportation and Infrastructure. 10140. A letter from the Paralegal Spe- U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final cialist, FAA, Department of Transportation, Transportation and Infrastructure. rule — Fisheries of the Northeastern United transmitting the Department’s final rule — 10149. A letter from the Chief, Regulations States; Atlantic Mackerel, Squid, and and Administrative Law, USCG, Department Airworthiness Directives; MORAVAN a.s. Butterfish Fisheries; Closure of Fishery for of Transportation, transmitting the Depart- Models Z-143L and Z-242L Airplanes [Docket Loligo Squid [Docket No. 011005244-2011-02; ment’s final rule — Safety Zone; Lower Mis- No. 99-CE-71-AD; Amendment 39-12925; AD I.D. 102202B] received November 14, 2002, pur- sissippi River, Miles 87.2 to 91.2, Above Head 2002-22-01] (RIN: 2120-AA64) received Novem- suant to 5 U.S.C. 801(a)(1)(A); to the Com- of Passes, New Orleans, LA [COTP New Orle- ber 14, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on Resources. ans-02-022] (RIN: 2115-AA97) received Novem- to the Committee on Transportation and In- 10131. A letter from the Acting Director, ber 19, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); frastructure. Office of Sustainable Fisheries, NMFS, Na- to the Committee on Transportation and In- 10141. A letter from the Paralegal Spe- tional Oceanic and Atmospheric Administra- frastructure. cialist, FAA, Department of Transportation, tion, transmitting the Administration’s final 10150. A letter from the Paralegal Spe- rule — Fisheries of the Exclusive Economic transmitting the Department’s final rule — cialist, FAA, Department of Transportation, Zone Off Alaska; Trawl Gear in the Gulf of Airworthiness Directives; Eurocopter France transmitting the Department’s final rule — Alaska [Docket No. 011218304-1304-01; I.D. Model AS355N Helicopters [Docket No. 2002- Airworthiness Directives; Turbomeca 103102A] received November 14, 2002, pursuant SW-32-AD; Amendment 39-12943; AD 2002-22- Artouste III Series Turboshaft Engines to 5 U.S.C. 801(a)(1)(A); to the Committee on 16] (RIN: 2120-AA64) received November 14, [Docket No. 99-NE-33-AD; Amendment 39- Resources. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 12937; AD 2002-22-11] (RIN: 2120-AA64) received 10132. A letter from the Acting Director, Committee on Transportation and Infra- November 14, 2002, pursuant to 5 U.S.C. Office of Sustainable Fisheries, NMFS, Na- structure. 801(a)(1)(A); to the Committee on Transpor- tional Oceanic and Atmospheric Administra- 10142. A letter from the Paralegal Spe- tation and Infrastructure. tion, transmitting the Administration’s final cialist, FAA, Department of Transportation, 10151. A letter from the Acting Principal rule — Fisheries of the Northeastern United transmitting the Department’s final rule — Deputy Associate Administrator, Environ- States; Atlantic Surfclam and Ocean Quahog Airworthiness Directives; Eurocopter France mental Protection Agency, transmitting the Fishery; Quota Harvested for Maine Mahog- Model EC 155B Helicopters [Docket No. 2002- Agency’s final rule — Guidelines Estab- any Quahog Fishery [Docket No. 011004242- SW-26-AD; Amendment 39-12942; AD 2002-22- lishing Test Procedures for the Analysis of 2005-02; I.D. l01102E] received November 14, 15] (RIN: 2120-AA64) received November 14, Pollutants; Whole Effluent Toxicity Test 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Methods; Final Rule [FRL 7408-6] (RIN: 2040- Committee on Resources. Committee on Transportation and Infra- AD73) received November 13, 2002, pursuant 10133. A letter from the Acting Assistant structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on General Counsel for Regulations, Office of 10143. A letter from the Paralegal Spe- Transportation and Infrastructure. the General Counsel, Department of Edu- cialist, FAA, Department of Transportation, 10152. A letter from the Assistant Adminis- cation, transmitting the Department’s final transmitting the Department’s final rule — trator for Procurement, National Aero- rule — Adjustment of Civil Monetary Pen- Airworthiness Directives; Cessna Aircraft nautics and Space Administration, transmit- alties for Inflation — received November 13, Company Models 208 and 208B Airplanes ting the Administration’s final rule — Au- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Docket No. 2002-CE-23-AD; Amendment 39- thorization of Contractor Use of Interagency Committee on the Judiciary. 12944; AD 2002-22-17] (RIN: 2120-AA64) received Fleet Management System (IFMS) Vehicles 10134. A letter from the Assistant Sec- November 14, 2002, pursuant to 5 U.S.C. (RIN: 2700-AC33) received November 14, 2002, retary for Legislative Affairs, Department of 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- State, transmitting a report in response to tation and Infrastructure. mittee on Science. Section 417 of the USA-Patriot Act, Public 10144. A letter from the Paralegal Spe- 10153. A letter from the Chief, Regulations Law 107-56; to the Committee on the Judici- cialist, FAA, Department of Transportation, Unit, Internal Revenue Service, transmitting ary. transmitting the Department’s final rule — the Service’s final rule — 2002 Base Period T- 10135. A letter from the Paralegal Spe- Airworthiness Directives; Bell Helicopter Bill Rate (Rev. Rul. 2002-68) received Novem- cialist, FAA, Department of Transportation, Textron, Inc. Model 204B, 205A, 205A-1, 205B, ber 14, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); transmitting the Department’s final rule — 212, 214B, and 214B-1 Helicopters [Docket No. to the Committee on Ways and Means. Amendment to Class E Airspace; Ulysses, KS 2001-SW-42-AD; Amendment 39-12941; AD 2002- 10154. A letter from the Chief, Regulations [Airspace Docket No. 02-ACE-11] received No- 22-14] (RIN: 2120-AA64) received November 14, Unit, Internal Revenue Service, transmitting vember 14, 2002, pursuant to 5 U.S.C. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Service’s final rule — Certain Exchanges 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- of Insurance Policies (Rev. Rul. 2002-75) re- tation and Infrastructure. structure. ceived November 14, 2002, pursuant to 5

VerDate 0ct 31 2002 00:27 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\L19NO7.000 H19PT1 H9036 CONGRESSIONAL RECORD — HOUSE November 19, 2002

U.S.C. 801(a)(1)(A); to the Committee on addition to the Committee on Energy and H.R. 2614: Mr. FARR of California. Ways and Means. Commerce, for a period to be subsequently H.R. 2820: Mr. COX. 10155. A letter from the Chief, Regulations determined by the Speaker, in each case for H.R. 3884: Mrs. LOWEY. Unit, Internal Revenue Service, transmitting consideration of such provisions as fall with- H.R. 4032: Ms. EDDIE BERNICE JOHNSON of the Service’s final rule — 2003 Limitations in the jurisdiction of the committee con- Texas. Adjusted As Provided in Section 415(d), etc. cerned. H.R. 4790: Mr. JEFF MILLER of Florida. [Notice 2002-71] received November 14, 2002, By Mr. HYDE (for himself and Mr. H.R. 4916: Ms. EDDIE BERNICE JOHNSON of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- LANTOS): Texas. mittee on Ways and Means. H.R. 5761. A bill to provide assistance to H.R. 4974: Mr. PLATTS. 10156. A letter from the Chief, Regulations foreign countries to combat HIV/AIDS, H.R. 5013: Mr. WILSON of South Carolina, Unit, Internal Revenue Service, transmitting tuberculosis, and malaria, and for other pur- Mr. TAYLOR of North Carolina, and Mr. the Service’s final rule — Qualified Pension, poses; to the Committee on International GOODLATTE. Profit-Sharing, and Stock Bonus Plans (Rev. Relations. H.R. 5194: Mr. HONDA. Rul. 2002-63) received November 14, 2002, pur- By Ms. MCKINNEY: H.R. 5252: Ms. EDDIE BERNICE JOHNSON of suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 5762. A bill to provide for the expedi- Texas. mittee on Ways and Means. tious disclosure of records relevant to the H.R. 5274: Mr. PRICE of North Carolina. 10157. A letter from the Chief, Regulations life and assassination of Reverend Doctor H.R. 5441: Mr. REYES. Unit, Internal Revenue Service, transmitting Martin Luther King, Jr.; to the Committee H.R. 5462: Mr. SOUDER and Mr. RANGEL. the Service’s final rule — Substantiation of on Government Reform. H.R. 5471: Mr. FORD, Mr. MCDERMOTT, Mr. Incidental Expenses [TD 9020] (RIN: 1545- f WEXLER, Mr. HILL, and Ms. EDDIE BERNICE BB19) received November 14, 2002, pursuant JOHNSON of Texas. to 5 U.S.C. 801(a)(1)(A); to the Committee on MEMORIALS H.R. 5528: Mr. SENSENBRENNER, Mr. Ways and Means. Under clause 3 of rule XII, memorials HANSEN, Mr. JENKINS, Mrs. CAPITO, Mr. 10158. A letter from the Chief, Regulations were presented and referred as follows: WATTS of Oklahoma, Mr. ARMEY, Mr. Unit, Internal Revenue Service, transmitting HAYWORTH, Mr. WILSON of South Carolina, the Service’s final rule — Tax Treatment of 449. The SPEAKER presented a memorial Mr. BOOZMAN, Mr. MICA, Mr. HERGER, Mrs. Residential Grants Made by the Lower Man- of the General Assembly of the State of KELLY, Ms. EDDIE BERNICE JOHNSON of Texas, hattan Development Corporation to Individ- Iowa, relative to House Resolution No. 559 and Mr. LIPINSKI. uals and Families Affected by the September memorializing the United States Congress H.R. 5613: Mr. RANGEL. 11, 2001, Disaster [Notice 2002-76] received No- regarding Iowa Code 69.14 requiring a special H.R. 5669: Ms. EDDIE BERNICE JOHNSON of vember 15, 2002, pursuant to 5 U.S.C. election to fill vacancies; to the Committee Texas. 801(a)(1)(A); to the Committee on Ways and on House Administration. H. Con. Res. 260: Mr. PETERSON of Min- Means. 450. Also, a memorial of the Senate of the nesota. 10159. A letter from the Chief, Regulations State of New Jersey, relative to Senate Res- H. Con. Res. 421: Mr. CUMMINGS and Mrs. Unit, Internal Revenue Service, transmitting olution No. 36 memorializing the Congress of TAUSCHER. the Service’s final rule — Information Re- the United States that the legislature urges H. Con. Res. 507: Mrs. BIGGERT, Mr. KOLBE, porting Relating to Taxable Stock Trans- the United States Department of Agriculture and Mr. SENSENBRENNER. actions [TD 9022] (RIN: 1545-BB40) received to allocate additional resources to address H. Con. Res. 511: Mr. PITTS. November 15, 2002, pursuant to 5 U.S.C. problems associated with the resident Can- H. Con. Res. 514: Mr. STARK. 801(a)(1)(A); to the Committee on Ways and ada goose population in New Jersey; jointly H. Res. 554: Mr. FROST and Mr. REYES. Means. to the Committees on Agriculture and H. Res. 589: Mr. OSBORNE and Mr. WAXMAN. 10160. A letter from the General Counsel, Resources. H. Res. 613: Mr. DAVIS of Illinois. Department of Commerce, transmitting the 451. Also, a memorial of the Legislature of Department’s draft bill entitled, ‘‘Marine the State of Alaska, relative to House Joint f Mammal Protection Act Amendments of Resolution No. 48 memorializing the Con- 2002’’; jointly to the Committees on Re- gress of the United States that the legisla- PETITIONS, ETC. sources, the Judiciary, International Rela- ture hereby requests the Alaska Congres- Under clause 3 of rule XII, petitions tions, and Ways and Means. sional delegation, as well as the Congres- and papers were laid on the clerk’s sional delegations of the several states, to f introduce and adopt legislation that would desk and referred as follows: PUBLIC BILLS AND RESOLUTIONS amend the laws of the United States 92. The SPEAKER presented a petition of the National Nuclear Workers For Justice, Under clause 2 of rule XII, public regarding land managing agencies; jointly to the Committees on Resources and Agri- relative to a Resolution petitioning the bills and resolutions were introduced culture. United States Congress to approve our and severally referred, as follows: ‘‘Special Exposure Cohort’’ status; to the f By Mr. OXLEY: Committee on the Judiciary. H.R. 5758. A bill to extend the national ADDITIONAL SPONSORS 93. Also, a petition of John Philip Ellis Sr., flood insurance program; to the Committee Under clause 7 of rule XII, sponsors a Citizen of Florida, relative to a Resolution on Financial Services. petitioning the United States Congress for a By Mr. OXLEY: were added to public bills and resolu- thorough review of the events enumerating H.R. 5759. A bill to extend the national tions as follows: multiple procedural and criminal violations flood insurance program; to the Committee H.R. 491: Mr. ROYCE. of law committed by various federal per- on Financial Services. H.R. 536: Mr. MCDERMOTT. sonnel that have occurred continuously in By Mr. CONYERS: H.R. 1232: Mr. BROWN of Ohio. Palm Beach County, FL and other places H.R. 5760. A bill to create a commission on H.R. 1487: Mr. ANDREWS. within the State and elsewhere between May Internet gambling licensing and regulation; H.R. 1904: Mr. OLVER and Ms. NORTON. 1995 and the present day; to the Committee to the Committee on the Judiciary, and in H.R. 2207: Mrs. LOWEY. on the Judiciary.

VerDate 0ct 31 2002 00:27 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\L19NO7.000 H19PT1 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, NOVEMBER 19, 2002 No. 150 Senate The Senate met at 9 a.m. and was Give us the enthusiasm that comes PLEDGE OF ALLEGIANCE called to order by the Honorable DEAN from knowing the high calling of serv- The Honorable DEAN M. BARKLEY led M. BARKLEY, a Senator from the State ing in government. Grant us the holy the Pledge of Allegiance, as follows: of Minnesota. esteem of knowing that You seek to ac- complish Your plans for America I pledge allegiance to the Flag of the PRAYER through the legislation of this Senate. United States of America, and to the Repub- The Chaplain, Dr. Lloyd John lic for which it stands, one nation under God, Free us from secondary, self-serving Ogilvie, offered the following prayer: indivisible, with liberty and justice for all. Gracious God, You have called the goals. Help us to humble ourselves and men and women of this Senate to glo- ask how we may serve today. We know f rify You by being servant-leaders. The that happiness comes not from having things or getting recognition but from calling is shared by the officers of the APPOINTMENT OF ACTING serving in the great cause of imple- Senate, the Senators’ staffs, and all PRESIDENT PRO TEMPORE who enable the work done in this menting Your righteousness, justice, Chamber. Keep us focused on the liber- and mercy for every person and in The PRESIDING OFFICER. The ating truth that we are here to serve every circumstance in this Nation. We clerk will please read a communication You by serving our Nation. Our sole take delight in the ultimate paradox of to the Senate from the President pro purpose is to accept Your absolute life: the more we give ourselves away, tempore (Mr. BYRD). lordship over our lives and give our- the more we can receive of Your love. The legislative clerk read the fol- selves totally to the work of this day. In our Lord’s name. Amen. lowing letter:

NOTICE If the 107th Congress, 2d Session, adjourns sine die on or before November 22, 2002, a final issue of the Congres- sional Record for the 107th Congress, 2d Session, will be published on Monday, December 16, 2002, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 13. The final issue will be dated Monday, December 16, 2002, and will be delivered on Tuesday, December 17, 2002. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. MARK DAYTON, Chairman.

∑ 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 0ct 31 2002 05:21 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\A19NO6.000 S19PT1 S11358 CONGRESSIONAL RECORD — SENATE November 19, 2002 U.S. SENATE, Daschle (for Lieberman) Amendment No. year—and so we can stay around and do PRESIDENT PRO TEMPORE, 4911 (to Amendment No. 4901), to provide our work. It is our duty to the people. Washington, DC, November 19, 2002. that certain provisions of the Act shall not We ought to try to improve this bill, To the Senate: take effect. and the amendment by Mr. DASCHLE Under the provisions of rule I, paragraph 3, Daschle (for Lieberman) Amendment No. of the Standing Rules of the Senate, I hereby 4953 (to Amendment No. 4911), of a perfecting will do that. appoint the Honorable DEAN M. BARKLEY, a nature. Do those who believe that the Presi- Senator from the State of Minnesota, to per- The ACTING PRESIDENT pro tem- dent—whatever party he is, Democrat form the duties of the Chair. pore. Under the previous order, the or Republican—do those who believe ROBERT C. BYRD, time until 10:30 a.m. shall be divided, that he is king under our Constitu- President pro tempore. with 30 minutes under the control of tion—apparently some Senators here Mr. BARKLEY thereupon assumed the two leaders or their designees, and vote as though they think the Presi- the chair as Acting President pro tem- 30 minutes under the control of the dent is king, although they know bet- pore. Senator from West Virginia, Mr. BYRD. ter than that. But still they believe f The ACTING PRESIDENT pro tem- they have to follow the President’s di- pore. The Senator from West Virginia rection. RECOGNITION OF THE ACTING is recognized. The President did not bring any of us MAJORITY LEADER Mr. BYRD. Mr. President, how much here. The President did not elect any of The ACTING PRESIDENT pro tem- time do I have under the order? the Members of this body. This is an pore. The Senator from Nevada is rec- The ACTING PRESIDENT pro tem- independent body. This is an inde- ognized. pore. The Senator has 28 minutes. pendent branch of Government. This is a separate branch of Government. No f Mr. BYRD. I thought I had 30 min- utes. President elects any Member of this ORDER OF PROCEDURE The ACTING PRESIDENT pro tem- body. The President is just the Chief Mr. REID. Mr. President, I ask unan- pore. The Senator from Nevada asked Executive of the land. I say ‘‘just.’’ It imous consent that there be 2 minutes that the time in the beginning be is a tremendous office, of course, with for debate, equally divided and con- charged to both sides. great power, but he is no king. And we trolled in the usual form, following the Mr. BYRD. OK. That is fair enough. are not sent here by our people to let first vote in the sequence of votes al- Mr. President, many Senators feel the President or the White House or ready ordered for today’s session. that they are under great pressure any party control us or dictate to us. The ACTING PRESIDENT pro tem- from the administration to pass this As a reminder of what a true Senator pore. Without objection, it is so or- bill that is before us—a bill that con- should be, I call attention to that an- dered. tains 484 pages. Here it is. This is the cient Roman Emperor whose name was Mr. REID. Mr. President, I ask that 484-page bill that was passed by the Vespasia. He was Emperor of the the 90 minutes begin running and that House of Representatives—a new bill, Roman Empire from the years 69 to 79 the time be charged equally. passed by the House quickly, without A.D. A great Senator, one of the truly The ACTING PRESIDENT pro tem- adequate debate, dumped into the laps great Senators, was Helvidius Priscus. pore. Without objection, it is so or- of Senators, and we contributed to our For some reason, this Senator and dered. own problem by invoking cloture on the Emperor Vespasia got at cross-pur- Mr. REID. I thank the Chair. the amendment last Friday. We are poses, and the Emperor stopped coming around the final lap of our 30- Helvidius Priscus one day outside the f hour journey now. We have been unable Roman Senate and told him not to RESERVATION OF LEADER TIME to call up any amendments, other than come in. ‘‘You can forbid me to be a The ACTING PRESIDENT pro tem- the pending amendment by Mr. Senator,’’ said Helvidius Priscus, ‘‘but pore. Under the previous order, the DASCHLE and Mr. LIEBERMAN. as long as I am a Senator, I must come As I say, many of our colleagues feel leadership time is reserved. in.’’ they are under great pressure from the ‘‘Come in then and be silent,’’ said f administration to support this bill, and the Emperor Vespasia. SCHEDULE the White House is attempting to say ‘‘Question me not, and I will be si- that by adopting the amendment of- lent,’’ responded the Senator. Mr. REID. Mr. President, we hope to fered by Mr. DASCHLE on behalf of Mr. ‘‘But I am bound to question you,’’ complete action on the homeland secu- LIEBERMAN—the White House would said the Emperor Vespasia. rity bill today. Also, as soon as we fin- have us believe and the Republican- ‘‘And I am bound to say what seems ish that, hopefully, we will do the Den- controlled House would have Members right to me,’’ responded the Senator. nis Shedd nomination, and then the believe that if this amendment by Mr. ‘‘But if you say it, I will kill you,’’ terrorism insurance conference report. DASCHLE is adopted, this would mean the Emperor warned. We can complete all that today and, of the death of the bill. Well, I would hope ‘‘When did I tell you that I was im- course, also, we have the must-do legis- that were true because I think this is a mortal? You will do your part, and I lation, the continuing resolution that terrible bill. It has some good provi- will do mine,’’ responded the Senator. we have to complete today. So we have sions in it, but it is a bad bill. So per- ‘‘It is yours to kill and mine to die a lot of work to do today. sonally, I would hope that were true. without quailing.’’ I also note that I have been informed But it is not true. So both did their parts. Helvidius that the minority will allow no exten- The House has a duty to return. The Priscus spoke his mind. The Emperor sions of time during the 90 minutes al- House has dumped this bill into the Vespasia killed him. ready ordered. laps of the Senate and then walked In this effeminate age, it is instruc- f away, gone home for Thanksgiving, tive to read of courage. There are Mem- bers of the Senate and House who are HOMELAND SECURITY ACT OF gone home for Christmas, gone home terrified, apparently, if the President 2002—Resumed for the year—if it can get by with it. But the House has a duty to come back of the United States tells them, urges The ACTING PRESIDENT pro tem- and finish its work. So I hope Senators them to vote a certain way, which may pore. The clerk will report the bill by will not be moved, will not be pres- be against their belief. title. sured into believing that the adoption So in this day of few men with great The legislative clerk read as follows: of this amendment will kill the bill. courage—relatively few—let us take a A bill (H.R. 5005) to establish the Depart- That is untrue. leaf out of Roman history and remem- ment of Homeland Security, and for other Congress has not adjourned sine die ber Helvidius Priscus. purposes. yet. So we all have a duty to stay here The Senate has rolled over with re- Pending: and do our work. gard to the homeland security bill. The Thompson (for Gramm) Amendment No. I think we are going to get a pay administration has sold a bill of goods 4901, in the nature of a substitute. raise very soon—perhaps early next to the American people that there is an

VerDate 0ct 31 2002 05:21 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.002 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11359 urgency for the Senate to pass this bill that one amendment. Our Republican partment. He wanted to free himself before another terrorist attack. There friends deemed it so, to have one from as much congressional oversight is no such urgency. The real danger is amendment. You are going to spend as possible. not when the reorganization will take the whole 30 hours on it. That is the Members of Congress said they would effect but whether the reorganization only amendment you are going to have. exercise appropriate oversight to en- will distract our homeland security So Senators can now read it and sure this new bureaucracy could be agencies from their primary mission of weep. They voted to invoke cloture on reigned in, but what has the Senate ac- protecting the homeland. themselves and they denied themselves tually done? What can it point out in The Senate shares in the complicity the possible opportunity to offer other all of these months and weeks of con- in pushing this sense of urgency on the amendments. Senators no longer cared sideration? This homeland security bill American people. The people who will what bill passed as long as they voted authorizes this new Department to be protecting the public, those who will for something that would create a new cloak its actions in secrecy. The Presi- be protecting us, Members of the House Homeland Security Department. In the dent’s plan, for example, for reorga- and Senate, once this reorganization is process of trying to build a Homeland nization of this Department, has not completed a year from now—a year Security Department, this Senate has been sent to the Congress. The Presi- from the date of passage of this legisla- come dangerously close to building a dent probably doesn’t even know him- tion—are the same people who are out massive chamber of secrets. This past self yet what he plans. He has several there on the northern border right now, weekend, Homeland Security Director months in which to do that. Even then, right today. They were there last Tom Ridge appeared on several of the the plan will not require congressional night. The same people are already on Sunday morning talk shows to assuage approval. The Congress will be in- the southern border. They are already concerns that the administration is formed by the President what the plan at the ports of entry. They are guard- planning to create a new domestic spy is under this bill. That is it. Just in- ing the Atlantic coast. They are guard- agency in the United States. When form us, Mr. President. Let us know ing the Pacific coast. They are guard- asked about his trip to London to what you will do. No approval is re- ing the gulf coast. They are the same study the British model domestic spy quired of Congress. So we are going to people then who are out on those posts agency, Governor Ridge said his trip be a pig in a poke here. We are going to of duty now. So whether or not we pass was very revealing, but that the ad- approve the President’s plan in ad- this bill does not mean a great deal in- ministration was not likely to create vance. Even before he knows what is in sofar as the safety of the American such a domestic spy agency in the his plan, before he sends it to the Con- people is concerned. United States. gress, we are going to approve it when The Appropriations Committee of the I must give Homeland Security Di- this bill before the Senate is passed. Senate and the Senate itself have pro- rector Tom Ridge an A+ for invoking It provides broad new authorities to vided funds for the protection of this the Constitution. He mentioned the the President without any real mecha- country, billions of dollars, which have Constitution more than once. I com- nism to ensure that those powers are been turned down by the President of pliment him on that. That is the first not abused. I sought to offer an amend- the United States. He has rejected administration official that I have ment earlier when Mr. LIEBERMAN these funds. He did so earlier this year heard say anything about the Constitu- brought his bill from his committee when Congress passed an appropria- tion in all of these debates with respect when he and Mr. THOMPSON had worked tions bill, making $5.1 billion available to the war on Iraq, the Iraq resolution, in the committee to bring out a bill for use, with only the flourish of a pen and with respect to homeland security. and did bring out a bill. I sought to amend it so as to keep Congress in the necessary on the part of the President. I am sure something could have been loop with respect to the President’s or- These were designated as emergency said that escaped my attention. I can- ganizational plan. I sought to have funds by the Congress, but the Presi- not hear every administration official. Congress continue to stay in the mix. dent refused to likewise designate But for once the U.S. Constitution was But that amendment was rejected. It these items as emergency funds. So mentioned—more than once—by Mr. would have been well to have had such those funds have gone begging. Do not Ridge. I almost stood in my family an amendment because it would have let anybody tell you we have to pass room and applauded him for doing so. provided for an orderly process in the this bill in order to have the security A number of Senators appeared on filling in of the Department by the var- the Sunday morning talk shows and as- of this country tomorrow or next week ious agencies. I understand there are or the next month. The moneys have sured the show’s viewers that, if such a about 28 agencies and offices that will been there to provide homeland secu- domestic agency were created, the Con- go into the Department. Even Mr. gress would exercise appropriate over- rity for the American people. Those LIEBERMAN, the author of that, one of funds have been passed by this Con- sight to ensure that abuses of power the authors of the bill, and he is here gress months ago. This President—this did not occur within it. in the Chamber, even he voted against President who is urging the Congress I remember hearing these same kinds my amendment. to act quickly on this bill—has not of comments with regard to the cre- Today I think that amendment would acted quickly on those funds. As a mat- ation of a new Homeland Security De- help. If that amendment had been ter of fact, he has turned the back of partment. ‘‘A new Department won’t adopted, I think it would have assured his hand to those funds. solve anything,’’ said the White House the American people that their elected The Senate shares complicity in spokesman. That was not too long ago. Representatives in Congress were going pushing this sense of urgency on the The White House spokesman said a new to stay in the mix, and it was not going American people. Senators have pushed Department would not solve anything. to relegate itself to the sideline. But it so often and so hard that they now Then to everyone’s surprise, the Presi- that is water over the dam. believe it. Last Friday, the Senate in- dent suddenly made the creation of a This legislation allows the President voked cloture on the bill that is before new Homeland Security Department to rewrite the civil service code for the Senate, a bill that it had hardly his top priority. Federal workers within the new De- read. The President sought broad author- partments so that most new rules go Most Senators, I believe, had not ity in the plan he presented to the Con- into effect without any congressional read that bill at that time. I had not gress. He wanted the authority to reor- approval. Congress has rolled over on been able to read the whole bill at that ganize and run this new Department almost every issue that would have time. with limited congressional inter- provided the Congress with some over- This cloture limits the ability of the ference. He wanted to hide decision- sight mechanism and the public with Senate to debate and offer amend- making within the new Department some transparency. ments. We had 30 hours. What hap- from the American public and the So here we are, on this day, we are pened? One amendment is offered. Mr. press. He wanted what he called going to vote in all likelihood on final DASCHLE offered one amendment on be- ‘‘managerial flexibility’’ to waive stat- passage, and the Congress has done pre- half of Mr. LIEBERMAN. That was it. utory protections, for example, for cious little to make sure that appro- The whole 30 hours have been spent on Federal employees within the new De- priate safeguards are included in the

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.006 S19PT1 S11360 CONGRESSIONAL RECORD — SENATE November 19, 2002 legislation to protect the privacy But on balance, the core of this bill is tainly would not want to do that, since rights and civil liberties of the Amer- not only urgently necessary, it is good. Senator SPECTER and I and so many ican public. What is more, we have en- The core of the bill is smart, and the others of both parties have spent, now, dangered the constitutional doctrines core of the bill is vital. But I must reg- more than a year in trying to achieve of the separation of powers and checks ister my strong opposition to a number the creation of such a Department. and balances between the President of provisions in the bill that now ap- Let me speak about a few of the and the Congress. pears before us that have been inserted seven serious shortcomings in this cur- What do we hear from supporters of at the last moment and that threaten rent version of the homeland security the bill? The American people should to do serious damage to this otherwise legislation that our amendment would trust the President, they should trust urgently necessary piece of legislation. strike. First, the one that has received their elected leaders to ensure the I fear that some of our colleagues have the most attention, is the one that at- mass of new bureaucracy will not in- seized upon the likely passage of this tacks the childhood vaccine liability. trude upon their private lives. How can bill as an opportunity to load it up This bill includes a surprise provision, Senators make such arguments? The with unwise, inappropriate, and hastily one that was not in any version of administration has told us it is not considered provisions, many of which homeland security legislation, and we planning to create a new domestic spy protect special interests. That is a have gone through, by my count, at agency in the United States. Yet with- shame, and it is an embarrassment. least six versions: The original bill I in this bill, this language would fund A common cause as urgent and cosponsored with Senator SPECTER in the total information or authorize weighty as homeland security post October 2001; the Governmental Affairs funding of this total information September 11, 2001, should not be taint- Committee reported-out bill in May; awareness program that is being devel- ed by a bevy of last-minute favors, sur- the President’s proposal in June; the oped by the Pentagon, apparently for prises, and slapdash attempts to ad- revised Governmental Affairs bill in one purpose: to peer into the daily dress controversial problems, some of July; the original House bill; and the transactions and private lives of every which are totally unrelated to home- original Gramm-Miller substitute. American. land security. That should not be the None of these contains this legislation I urge Senators to vote for this way business is done in the Congress of which would dramatically alter the amendment. I hope they will vote for the United States, especially not with way certain vaccine preservatives are it, and I hope they will not be cajoled so profound an underlying responsi- treated for liability purposes under the by disingenuous arguments that a vote bility as protecting the American peo- law. ple from terrorism. for the amendment is a vote against As my colleagues have said, the bill Let me dispense with two myths that the homeland security bill. I don’t buy would take complaints about vaccine have reared their heads on the floor of that argument. If we amend this bill, it additives out of the courts and require the Senate during this debate on the is beyond our control in the Senate, them to be made through what is motion to strike. First, some oppo- but it is the Senate’s last chance to called the Federal Vaccine Injury Com- nents of the amendment have sug- show the American people that we are pensation Program, which handles gested that to alter the underlying bill serious about placing some controls other vaccine-related claims. Inciden- in any way would be to kill homeland over this massive new bureaucracy. tally, these provisions of the bill are security legislation in this 107th ses- I hope the Senate will support the retroactive, which would mean that a sion of Congress. That is just not right. amendment, and I urge its adoption. host of existing lawsuits would be in- The House passed a new homeland se- How much time remains? terrupted, probably terminated, includ- The PRESIDING OFFICER. The Sen- curity bill, numbered H.R. 5710, which ing claims involving the mercury-based ator has 5 minutes. means they will have to return to act preservative Thimerosal, which some Mr. BYRD. I thank the Chair. I re- on the version of the bill sent to them have charged is related to autism in serve my 5 minutes. by the Senate whether or not we make children. The PRESIDING OFFICER. The Sen- any changes. So we are certainly not ator from Connecticut killing this bill for this session. We are This is just plain unfair. In the past, Mr. LIEBERMAN. May I inquire how simply trying to clean it up. I have supported various tort reform or much time the majority leader or his Second, some of my colleagues are liability protections for companies— designee has? saying that a vote for this motion to certainly the ones that design and The PRESIDING OFFICER. Twenty- strike is a vote against the President. manufacture lifesaving products. In eight minutes. That, unfortunately, reminds me of 1998, for instance, Senator MCCAIN and Mr. LIEBERMAN. I ask the Chair no- what became a familiar refrain in some I sponsored, and the Senate passed, the tify me when I have consumed 15 min- States during the recently concluded Biomaterials Access Assurance Act. In utes so I can preserve the rest for the elections, in which some seemed to this Congress, I introduced a bill that majority leader. suggest that any opposition to any- would offer a comprehensive package The PRESIDING OFFICER. The thing the President wanted was unpa- of incentives to biotech and pharma- Chair will do so. triotic. Here is where I borrow from ceutical companies that develop vac- Mr. LIEBERMAN. Mr. President, I Senator BYRD in saying that the Presi- cines, antidotes, and other counter- rise to voice my support for the motion dent is the President, not the king. measures for biological and chemical to strike which Senator DASCHLE and I And to question the President’s judg- weapons, a package that included li- and others have introduced. ment on one or another matter should ability protections. But this amend- I do so, as my colleagues know, be- not be described as a lack of patriot- ment would strike a provision in this lieving deeply in the urgent need for a ism. It is through free discussion and bill that goes well beyond that and Department of Homeland Security and exchange of ideas that our Nation ought to be pulled out of the under- believing deeply that the vast majority grows and that we have always be- lying bill. of the underlying bill rises to the dif- lieved we would achieve the truth. Was The fact is that committees of the ficult and critical challenge of orga- it Voltaire who said: I disagree with ev- House and Senate have been struggling nizing and equipping our Government erything you said but will fight to the to reach a consensus on this question to protect the American people from death to protect your right to say it? of the childhood vaccines and liability terrorism. Of course, there are parts of So, too, here. for some period of time now. They have the bill that I wish had been somewhat I believe deeply that the seven extra- been trying to craft a broad and bal- different, but in the nature of the legis- neous provisions our amendment tar- anced bill on childhood vaccines. This lative process one never achieves ev- gets have hurt this bill, and that is provision in this bill, which we would erything one wants, and that goes par- why we are striking them. Six would be strike, would pull the rug right out ticularly to the long-debated sections struck, and a seventh would be amend- from under the committee delibera- on the rights of Federal workers whom ed. None of these provisions goes to the tions, offering a quick but unfair an- we will now ask to carry out the work heart of the Department that I believe swer that is sure to do more harm than of the Homeland Security Department. so urgently should be created. I cer- good.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.008 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11361 I received late last night—and we are land security legislation, we would not partment retaining the singular impor- going to try to distribute it to our col- only remove the families’ rights to sue, tant right to waive the prohibition for leagues this morning—a Dear Col- we would force them to go to the com- national security reasons. Now the un- league letter from our friend and col- pensation fund. But barring additional derlying bill, at the last minute, would league in the other body, DAN BURTON, changes in the law, they couldn’t re- essentially nullify Senator Wellstone’s chairman of the House Committee on ceive any funds from that fund. provision by expanding the list of cri- Government Reform, really crying out This is not only wrong but shows how teria the Secretary can use in granting to us to strike from the underlying bill quickly and hastily and incompletely a waiver beyond national security rea- this provision on childhood vaccines. this provision was put together. sons to include a host of other provi- Congressman BURTON, to whom I have Congressman BURTON’s words speak sions that gut the Wellstone proposal. spoken, believes passionately that this loudly to us of how critical it is to It is just wrong that companies that is a terrible mistake and very unfair. I strike this provision from the law. are going out of the way to circumvent am far from expert on this question Some of our colleagues have tried to the tax laws of the United States and cannot vouch for all that Congress- make the case that the provisions are should be allowed to do business and man BURTON asserts, but his passion necessary to maintain a plentiful vac- basically to get the money that the cries out from this letter and I wish to cine supply in case of a bioterror at- taxpayers who pay their taxes have put cite several excerpts to illustrate the tack, including a smallpox attack. into the Treasury of the United States, depth and complexity of this debate. Wrong. This has nothing to do with unless there is a national security rea- For instance, Congressman BURTON those bioterrorism provisions of the son that would be so. Our amendment says: law, including one that provides liabil- would strike that provision as well. During the past 24 hours, a number of in- ity protections for the makers of Our amendment would also move to correct statements have been made about smallpox vaccines. strike from the bill a measure that the vaccine provisions in the Homeland Se- Our motion to strike doesn’t touch would require the Transportation Secu- curity Act. The facts are simple. These pro- those provisions. It only goes to the rity Oversight Board to ratify within 90 visions severely restrict the legal rights of parents who believe their children have suf- childhood vaccine rights of families of days emergency security regulations fered neurological damage due to vaccines. children who are suffering from au- issued by the Transportation Security The scientific debate remains unresolved. tism. Agency. If the oversight board does not These provisions do not belong in the Home- I also want to strongly refute the ratify the regulations, under this bill, land Security Act. I hope the following suggestion about this part of our mo- they would automatically lapse. De- points will help separate fact from fiction. tion to strike by the senior Senator spite the TSA having decided that they Again, from DAN BURTON: from Texas that we will suddenly have are necessary, 90 days later, lacking In 2001, the respected Institute of Medicine to throw away all of our smallpox vac- the Board’s approval, they’d disappear. concluded that a connection between thimer- cine doses if we strike this narrow pro- This doesn’t make any sense. In the osal and autism, while unproven, is vision. With all respect, that bears no current climate, shouldn’t we be trying ‘‘biologically plausible.’’ The IOM called for relationship to the amendment. The to find new ways to expedite and imple- further research, stating, ‘‘the evidence is in- adequate to accept or reject a causal rela- Vaccine Injury Compensation Program ment TSA rules, not ways to disrupt tionship between exposure to thimerosal doesn’t cover claims against smallpox and derail them? This bill is contrary from vaccines and neurological develop- vaccine or any other vaccine used in to new procedures that the Senate mental disorders of autism, ADHD, and the fight against terrorism—bioter- passed just a year ago in the aviation speech and language delays.’’ rorism in this case. Moreover, Thimer- security bill. Under that law, regula- Another fiction, according to Con- osal has not been used at all since 1999, tions go into effect and remain in ef- gressman BURTON, is that the sections and the NIH confirms that none of the fect unless they are affirmatively dis- that we intend to strike with our mo- stores of smallpox vaccine nationwide approved by the Board. I think that’s a tion from this underlying bill do not contain it. better system. eliminate the rights of vaccine-injured Excuse the pun on a serious matter, My esteemed colleague from Texas, individuals to sue manufacturers of but this provision is an additive, and it Senator GRAMM, has claimed that our vaccines and their components. Con- is a harmful additive that ought to be amendment would strike from the un- gressman BURTON says proponents of removed from the bill by this motion derlying bill the one-year extension of these provisions have stated that once to strike. the deadline by which all airlines must individuals have gone through the Vac- We in the Senate owe the parents, install new security scanning equip- cine Injury Compensation Program, the children, and frankly, the compa- ment. I don’t know whether he got that they can still choose to file a civil law- nies on all sides of this issue a serious idea based on this provision or not; re- suit. And Congressman Burton feels solution—not some last-minute patch- gardless, he is mistaken. We keep that very strongly that is wrong. As he says work change in the law which deprives extension in tact, and striking the new as a fact, ‘‘for many families who be- people of their rights. cumbersome approval process, as our lieve their children were injured by Second, another extremely problem- amendment seeks to do, would have no mercury-based Thimerosal, these pro- atic provision our amendment and mo- effect whatsoever on it. visions do eliminate their right to file tion to strike would remove is the one I urge my colleagues to strike this suits. The Vaccine Injury Compensa- involving companies that shift their provision. tion Program has a narrow 3-year stat- headquarters offshore to avoid paying Another provision would extend li- ute of limitations. Because many fami- American taxes and then turn around ability protection to companies that lies were unaware of the program, they and seek to do business with the Fed- provided passenger and baggage screen- were unable to file a petition on time. eral Government. ing in airports on September 11. Sections 1714–1717, which we would The ACTING PRESIDENT pro tem- But we in the Senate already decided strike, take away their only remaining pore. The Senator has used 15 minutes. against extending such liability protec- legal recourse.’’ Mr. LIEBERMAN. Mr. President, I tion—in at least three different con- I would add that I have received ask you to let me know when I have texts. First, the airline bailout bill today a statement of opinion from the consumed an additional 3 minutes, and limited the liability of the airlines— staff of the Senate Finance Committee then I will yield the floor. but not of the security screeners, due which points out another problem. It Mr. President, this is the amendment to ongoing concerns about their role states, ‘‘the Joint Committee on Tax- to our committee bill that was offered leading up to September 11. Then, the ation has advised the Committee on Fi- by our esteemed colleague, our dear conference report on the Transpor- nance that absent changes to the Inter- friend, the late Senator Paul tation Security bill extended the liabil- nal Revenue Code, these changes would Wellstone, and accepted by the Senate, ity limitations to others who might not be effective to change the approved which would have barred companies have been the target of lawsuits, such disbursement purposes from the Fund.’’ that set up offshore tax havens from as aircraft manufacturers and airport In other words, by keeping this child- getting Federal homeland security con- operators, but again not to the baggage hood vaccine provision in this home- tracts with the Secretary of the De- and passenger screeners.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.011 S19PT1 S11362 CONGRESSIONAL RECORD — SENATE November 19, 2002 The earlier Gramm-Miller substitute exempt the new Department’s advisory what we proposed in the legislation and the bipartisan Governmental Af- committees from the open meetings re- that came out of the Governmental Af- fairs Committee-approved legislation quirements and other requirements of fairs Committee—which would give the also left this provision out for the very the Federal Advisory Committee Act Department many exciting new tools same reasons. (FACA). I am well aware that this isn’t to harness talent in our universities Now, somehow, this provision is back a provision that will get big headlines and companies and focus it on meeting again. Like that little mole you hit but it ought to raise some eyebrows. the unprecedented challenge we face to with the mallet in a whack-a-mole Agencies throughout government out-think and out-innovate our en- game, somehow this provision has re- make use of advisory committees that emies. appeared. At this late hour, in this con- function under these open meetings re- But there is a problem with this par- text, it is just inappropriate to reverse quirements. Existing law is careful to ticular proposal as it is written. Based the Senate’s carefully considered judg- protect discussions and documents that on the fifteen criteria outlined in the ment without clear justification. involve sensitive information in fact, bill, the research center that it would We must strike this provision. the FACA law currently applies suc- create is described so narrowly, Another unnecessary and over- cessfully to the Department of Defense, through fifteen specific criteria, that it reaching provision our amendment the Department of Justice, the State appears Texas A&M University has the seeks to strike would give the Sec- Department even the secretive Na- inside track, to say the least, to get retary of the new Department broad tional Security Agency. the funding and house the center. authority to designate certain tech- So why should the Department of House aides have admitted as much to nologies as so-called ‘‘qualified anti- Homeland Security alone be allowed to The Washington Post. terrorism technologies.’’ His granting exempt its advisory committees from Texas A&M is a fine school that may of this designation—which appears to its requirements? Why should its advi- be perfectly suited to run such a fed- be unilateral, and probably not subject sory committees be allowed to meet in eral research center—but there are to review by anyone—would entitle total secret with no public knowledge? many other fine schools that may also companies selling that technology to Again, if those rules work for the De- be well suited to run a homeland secu- broad liability protection from any partment of Defense and the National rity research center, and Congress claim arising out of, relating to, or re- Security Agency, I think they can should not predetermine the best site. sulting from an act of terrorism, no work for the Department of Homeland Science in this country has thrived matter how negligently—or even wan- Security. over the years because, by and large, tonly and willfully—the company What is the harm? Conceivably, this Congress has refused to intervene in acted. could allow the Secretary to create fo- science decisions. Science has thrived The bill goes well beyond what Re- rums that operate in secret in which through peer review and competition publicans were advocating just last lobbyists for various special interests over the best proposals—which are fun- month in the Gramm-Miller substitute, could advance their agendas and get damentals of federal science policy. We which would have provided sellers with back channel access with this and fu- are violating them here. This is noth- indemnification, but wouldn’t have left ture Administrations, without concern ing short of ‘‘science pork.’’ many victims without any compensa- that the public would ever find out— This provision was strongly opposed tion at all, as this bill does. This bill and that’s regardless of whether their by the Chairman of the House Science seems to say that in many cases, the discussions were about security, busi- Committee. And it has been roundly plaintiff can’t recover anything from ness, or anything else. I am not sug- criticized by the university community the seller unless an injured plaintiff gesting that this is what the Adminis- as an inappropriate Congressional can prove that the seller of the product tration intends, or what the authors of intervention in science program selec- that injured him or her acted fraudu- the bill intend, but the danger is real tion. lently or with willful misconduct in and must be recognized. My friend, the Senator from Texas, submitting information to the Sec- We all say, and say often, that we’re has suggested that a few other institu- retary when the Secretary was decid- for ‘‘good government’’—for openness, tions conceivably could assemble the ing whether to certify the product. integrity, and accountability. But if we qualifications to meet the 15 criteria Even in cases where a seller isn’t en- pass this bill unamended, few of us will that Texas A&M has specified. But I titled to the benefit of that protection, be able to say with confidence that the urge him to look at the list, which is the company still isn’t fully—or in new Department’s advisory committees breathtaking in the particularity of its many cases even partially—responsible are designed to be as independent, bal- detail. And even if a handful of schools for its actions, even if it knew there anced, and transparent as possible. I might meet in theory these require- was something terribly wrong with its know full well that the Homeland Se- ments, that does not solve our prob- product . Let me say that again. This curity Department will deal with sen- lem. We face grave dangers here, lives bill gives protection even to those sell- sitive information involving life and are at risk. We should all agree that we ers who knowingly put anti-terrorism death, but so does the National Secu- need to apply the most competitive products on the market that they know rity Agency. So does the FBI. So does possible process, the one that brings won’t work to keep people safe against the Department of Defense. Their advi- our best scientific brainpower brought an attack. Perhaps worst of all, this sory committees aren’t allowed to hide to bear on this problem. measure would cap the seller’s liability themselves away from the public. Suppose for the sake of argument at the limits of its insurance policy. In I hope my colleagues join with me to that a few other schools technically do other words, if injured people were reject this unfortunate and short-sight- qualify. Then think about the agency lucky enough to get through the first ed provision. employee, sitting at his desk at the hurdle and even hold a faulty seller lia- Finally, our amendment would alter new department, who receives the ap- ble, they still could go completely un- a provision in the substitute bill cre- plication from Texas A&M. A&M meets compensated even if a liable seller has ating a university-based homeland se- all the criteria specified in the statue, more than enough money to com- curity research center. Now, I have and meets them to a tee. The employee pensate them. nothing against creating a university knows that Representative DELAY Again, I ask, is this really the kind of research center focused on homeland wants this done. Realistically, how do provision we want to fold up and cram security. we think this decision will turn out? into this vital legislation? I urge my There are currently many effective We know how it will turn out. colleagues on both sides of the aisle to university center programs—centers When it comes to making these re- stop, carefully consider the con- for expertise and excellence—estab- search funding decisions, we need a sequences, and then vote for our lished through competitive processes playing field that is truly level—not amendment, which would strike this by the National Science Foundation one that only looks level when you tilt provision. and other science agencies. And the your head. The substitute bill also unwisely and science and technology division in this Perhaps that is why previous unnecessarily allows the Secretary to homeland security bill closely tracks versions of this bill were wise enough

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.013 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11363 not to include this provision. The bi- The ACTING PRESIDENT pro tem- The President, himself, in the White partisan Senate Governmental Affairs pore. There are 10 minutes 20 seconds House said don’t load this thing up Committee bill did not make this mis- remaining to the majority leader or his with unnecessary items. take. Nor did Senator GRAMM include designee. I would suggest that having a home- them in his earlier Gramm-Miller sub- Mr. BREAUX. Mr. President, I rise to land security research center at Texas stitute. I have worked over the years indicate my support for two things: No. A&M University is a good idea, if you on science policy issues and legislation 1, for the homeland security legislation are from Texas. But how about the with Senator GRAMM, and I hasten to which I think is very important. We other 49 States that would like to also point out that this provision certainly fought for weeks about what it was participate in the process? LSU would did not originate with him. He has a going to look like. We made some sug- make a great center for homeland se- strong understanding of the impor- gestions about what should be in the curity research. They have already tance of strong science to our nation’s bill with regard to worker protections been working on it. But this legislation economic and social well-being, of in the area of collective bargaining. just cuts them out, sticks one univer- strong federal support for science, and The White House was not willing to ac- sity in the process, and says: This is it. of the need for competitive funding de- cept our recommendation. And I under- Take it or leave it. We’re gone. We’re cisions that are based on sound peer re- stand that is not going to be possible. out of town. view. These provisions did not origi- I thought that the bipartisan rec- That is not the way things are sup- nate with him. ommendation we had on collective bar- posed to work. It is not the way they Our amendment keeps the univer- gaining was the right way to go. That should work. I hope it will not work sity-based science center program. did not work out. What we have in the that way after we vote this morning. However, it removes the list of highly- bill is what the President wanted from There is nothing wrong with taking specific criteria that appear to direct it the very beginning. I accept that. The these items out of the legislation and to a particular university. That is the concept of homeland security bringing having the House take the bill up with- way we will get the best science, not by these agencies together is very impor- out it and have them pass it. They can making Congressional allocations to tant. do it by voice vote. We could finish it particular institutions. It is clear that after 9/11 we found out this afternoon. The President can get I was under the impression that this that the Federal Government was not the homeland security bill as he has re- homeland security bill would be clean. working very well together, that agen- quested. I will support that effort. What does that mean? That it wouldn’t cies were not sharing information that I think it is very important to do be, for lack of a better word, mucked they should have been sharing with homeland security, but don’t let it be- up with lots of extraneous provisions each other, and we could have been come a vehicle for special interest pro- that are marginally relevant or irrele- doing a much better job. visions which the Congress has never vant to the central mission of this de- Under the leadership of the distin- considered. I think it is wrong. partment, which of course is protecting guished Senator from Connecticut, Mr. Mr. DORGAN. Will the Senator from the American people from Twenty- LIEBERMAN, a proposal came about for Louisiana yield for a question? first Century terrorism with every a homeland security agency. Quite Mr. BREAUX. I am happy to yield. ounce of talent, every tool, every tech- frankly, at the very beginning the Mr. DORGAN. I ask the Senator from nology at our disposal. White House didn’t think the idea was Louisiana, is one of the provisions you I understand the legislative process. I a good one. They were worried about it are describing a provision that makes know that, as a wise person once said, creating too large a bureaucracy, but it easier for a corporation that has re- compromise is what makes nations they came to the realization that I nounced its citizenship, and moved to great and marriages happy. I did not think all of us have come to that, yes, the Bahamas in order to save on its tax expect this substitute bill to look ex- this is in fact the right thing to do. bill in the United States, to get con- actly like the bipartisan bill approved That is where we are right now. tracts with the U.S. Government? Is by the Governmental Affairs Com- What has happened in the course of that one of the provisions they stuck mittee I am privileged to chair. this process is interesting but not un- in at the hour of midnight? But I did expect that this bill would usual. The House loaded up the home- Mr. BREAUX. The Senator makes a be clean—and clean it is not. I believe land security bill with a whole bunch good point. In addition to spelling out passionately in the need to create a of things that were concocted in the one university that all of a sudden will Homeland Security Department. And I get all the work in the entire country, recognize and appreciate the many middle of the night and not the subject the other earmark is it takes away the good things in this bill. It has moved of any hearings or not brought through Wellstone amendment, which prohibits much closer to our vision of how to the normal committee process and not combine our strengths and minimize voted on by the House and not voted on contracting with corporate expatriates. What does that mean, expatriates? our weaknesses on intelligence to pro- by any committee in the Senate and People who have left the country. Peo- tect the American people from ter- not passed by the Senate. rorism. So too has it embraced our cre- But, lo and behold, all of these provi- ple who said: I don’t want to be a cit- ative and comprehensive vision of the sions are now attached to the bill, and izen of the United States any longer. I new Department’s science and tech- the House announced that they are am taking my business overseas. But, nology division. And when we step going out of town, and take it or leave oh, by the way, I would still like to do back and look at the big picture, it it. business with the Federal Government I understand that some of them may looks pretty good. And more important while I am in another country not pay- than looking good, it looks and is nec- be in Paris or London or Japan or ing taxes to the United States. essary to protect the American people. doing things that are important. But That really strikes me as being some- But these flaws are real. They are se- we are not finished yet. This bill—no thing we should not allow. I think the rious. And they are utterly unneces- matter what happens—is going to have Senator is correct in pointing it out. sary. to go back to the House of Representa- That is not the way we should do busi- Luckily, they are easy for us to fix. tives for consideration. It is going to ness. If you want to provide homeland One amendment, one vote. I once again have to go back to the House for con- security, I would suggest giving busi- urge my fellow Senators to pass this sideration even if this amendment to ness to companies that have left the amendment. strike out these add-ons is not adopted United States is not in the interest of There are other colleagues who wish because the bill still has to be—after homeland security. It may be in the in- to speak. I would, therefore, ask for the we adopt the Thompson substitute—ap- terest of the Bahamas, but it is cer- support of my colleagues for the mo- proved by the House. What is wrong tainly not in the interest of the United tion to strike. with the House at that time saying we States of America. The ACTING PRESIDENT pro tem- understand that the Senate is not Mr. DORGAN. If the Senator will pore. The Senator from Louisiana. going to accept these provisions and, yield for one additional question, isn’t Mr. BREAUX. Mr. President, what is therefore, we will pass homeland secu- it a fact that the provision that would the time situation? rity such as the President requested it? prevent corporations that renounce

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.019 S19PT1 S11364 CONGRESSIONAL RECORD — SENATE November 19, 2002 their U.S. citizenship in order to avoid not be in the bill, and this amendment In July of this year, the House voted paying taxes to the U.S. Government— would take it out. 318 to 110 to cut off those corporations the Senate actually passed a provision I yield the floor. that move offshore to avoid paying that said: Well, if you don’t want to be The ACTING PRESIDENT pro tem- taxes—318 to 110, 3 months ago. They an American citizen, then maybe you pore. The Senator from Nevada. said: If you are going to do that, you ought not be contracting with the Fed- Mr. REID. Mr. President, how much will not be able to contract with the eral Government. We set a date by time is left for Senator DASCHLE under new Department. You ought to be which that would be the case. That was the order previously entered? ashamed of yourself. How can you be so in the legislation that moved out of the The ACTING PRESIDENT pro tem- unpatriotic? Senate. My understanding is it is the pore. Two minutes twenty seconds. They did the right thing in July. But case that the House of Representatives Who yields time? what did they do at the eleventh hour? put one of these special provisions in If no one yields time, time will be Well, at the eleventh hour, when no- and said: Oh, we don’t agree with that. charged equally to both sides. body was watching—when they thought We want to weaken that to make it The Senator from South Dakota, the nobody was watching—they quietly easier for these companies that re- majority leader. said: We didn’t mean it. Now the elec- nounced their citizenship to get U.S. Mr. DASCHLE. Mr. President, I will tions are over. Now we will make a Government contracts once again. Isn’t use leader time to augment the time mockery of the tax law. We will make that the case? allotted for me to make some remarks a mockery of the homeland defense Mr. BREAUX. The Senator is exactly with regard to the amendment. bill. We will reopen the treasury to cor- right. In order to have homeland secu- The ACTING PRESIDENT pro tem- porate expatriates, thinking nobody rity, we need to protect the citizens of pore. There is an order for the Repub- could possibly call attention to it. this country. Giving financial assist- lican leader to be recognized at 10 Mr. President, that is just the begin- ance to companies oversees that have o’clock. ning. Why would we possibly want to left this country because they don’t Mr. DASCHLE. Mr. President, I ask give liability protection to a company like to be citizens of the United States unanimous consent that I be allowed to that made a pharmaceutical product is the wrong way to do this. speak and to complete my speech prior that may cause autism in children? Let’s pass this bill clean. The Presi- to the time the Republican leader ad- Why would we do that? dent will get the homeland security dresses the Senate. Why would we possibly slow down the bill he desires. He will sign it. I will The ACTING PRESIDENT pro tem- process by which the new Transpor- support it. That is the right way to do pore. Without objection, it is so or- tation Security Agency issues new business. dered. emergency rules to protect travelers? Mr. DURBIN. Will the Senator yield? Mr. DASCHLE. Mr. President, I did We do it to help out airlines and other Mr. BREAUX. I am trying to save not hear my colleagues speak to one of transportation companies. That is why time for Senator DASCHLE. the greatest myths that I have heard in we are doing it. Mr. DURBIN. For just 30 seconds? the debate about this amendment. The House inserted the liability pro- Mr. BREAUX. I will yield. That myth is, if we pass this amend- tection for vaccine additives to help Mr. DURBIN. The point was made ment, somehow it makes it impossible out a company. The House inserted the last week that within this bill is a pro- for us to reconcile this amendment expatriate corporate exemption to help vision that benefits the Eli Lilly Phar- with the House of Representatives; out a lot of companies with deep pock- maceutical Company that says pending that somehow it would put some chink ets. Why would the House put a univer- lawsuits brought on behalf of parents in the process. sity earmark in the homeland defense who believe their children are suffering But I think, as my colleagues have bill, earmarking Texas A&M for special ill effects from a preservative which noted already this morning, regardless treatment? Why, because some lobbyist the company made and put in vaccines, or whether this amendment is adopted, got the job done at the eleventh hour. causing harm to these children—phys- this bill must go back to the House. That is why it happened. ical and mental harm to these chil- There will be another vote in the These items make a mockery of the dren—that pending lawsuits against House. So do not let anyone persuade legislative process. Everybody who has this pharmaceutical company would be any colleague, any Senator, that some- their fingerprints on these issues ought wiped away by the language of this how there a procedural impediment is to be ashamed of themselves. We have homeland security bill. created if we pass this amendment. one opportunity to make it right, and Does this amendment we are about to This legislation will go back to the that is in about a half hour. We will vote on eliminate that provision and other body. And when it does, if the have an opportunity to strike these, to say that these parents and families and House does the right thing, they will send a bill to the President that better children will still have their day in accept this language, and we will send reflects the consensus we have worked court against this major pharma- the bill to the President as we should. so hard to achieve. We want to do that; ceutical company? I must say, Mr. President, this has some of us want to do that. But I must Mr. BREAUX. Just briefly, the Sen- been a difficult debate for many of us, say, it is a sad day for the legislative ator is correct in his observation. It a very difficult debate. All of us, of process. It is a sad day for homeland does exactly that. There may be an ar- course, want to do the right thing. security. It is a sad day for the institu- gument whereby companies that make Many of us think perhaps supporting tions of the House and the Senate when a vaccine should not be subject to li- some new infrastructure with regard to we can insert language such as this un- ability suits. There is a provision for a homeland security is right. We have abashed. fund for people who make vaccinations, worked and worked and worked to I hope each Senator will think very that if they are being sued, they will reach a consensus. carefully about the consequences of recover against a fund. That is current Much of what is in this bill reflects a this vote. We ought to feel good about law. But that should be prospective, consensus. But I must say, this lan- passing this bill. We ought to feel good not retroactive. It should not wipe out guage, these additions to the bill, about making some new contribution legitimate litigation that has already added at the eleventh hour, is arro- to reorganizing the Government, if in- been filed. It is like saying here is a le- gance, is an atrocious demeaning the deed that will move us to a better gitimate lawsuit, but all of a sudden, legislative process. They ought to be sense of confidence about our own secu- by this action, we wipe out all court ashamed of themselves. At the elev- rity. proceedings against that particular enth hour, when nobody was watching, But how do you feel good, how do you company. That is not the right way to when most people had gone home, feel positive, how do you feel that you proceed. those people with deep political pock- could in any way explain what the The company, as I understand it, did ets, those people with the resources to House has done? not ask for it, did not lobby to put it in make a difference, had inserted in this I say to my colleagues in a bipartisan this bill, but all of a sudden, here it is, bill items that the House itself had al- way, let’s reject these provisions. Let’s in the middle of the night. It should ready voted against. ensure we send the clearest message

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.016 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11365 possible that this kind of legislating The PRESIDING OFFICER. Without that total 10 times the aggregate value will not be tolerated. Let’s do it now objection, it is so ordered. of all the vaccine sales in the world before it is too late. Let’s not have to Mr. GRAMM. Mr. President, we are combined. explain this weeks or months later. We reaching the moment where we are This bill, recognizing that the stock- have the opportunity to rectify bad de- going to vote on homeland security. I piling of new and powerful vaccines cisions made at the last hour, made rejoice that we have found our way will be important to the war on ter- without any scrutiny, made without here. It has been a long and difficult rorism, seeks to close that loophole by any real public attention, made for all debate. I commend to my colleagues making it clear in law these preserva- the wrong reasons. We can do it today. that they vote for the homeland secu- tives that have always been part of We can do it in a half hour. I urge my rity bill. There will be an amendment vaccines are covered by the current ar- colleagues to join us in getting this that will be offered prior to that bill. bitration process. right. I yield myself 10 minutes. Now, many people have tried to label I yield the floor. The PRESIDING OFFICER. The Sen- this into everything from a political The PRESIDING OFFICER (Mr. ator has that right. payoff to you name it. We have a proc- NELSON of Nebraska). The Senator Mr. GRAMM. I want to take my 10 ess that is working. People are satis- from West Virginia still has 5 minutes. minutes to talk about the amendment fied with it. Plaintiff attorneys are try- Mr. BYRD. Mr. President, how much that we will have prior to the final time remains before the vote? ing to go around this process. Unless vote. I remind my colleagues that over some order is brought to it, we are The PRESIDING OFFICER. The Sen- the last weekend, as we tried to bring ator has 5 minutes, and the Republican going to end vaccine production in the this 7-week debate toward cloture, the world. We don’t want to do that. This leader has 28 minutes. President reached a compromise with Mr. BYRD. And does the time come is a good government provision that several of our Democrat Members to out of both Senators, if no unanimous brings this process under the 1986 act, give additional power and input to gov- consent request is made? which was written by Senator KENNEDY The PRESIDING OFFICER. A ernment employees and their rep- and Congressman Waxman. resentatives, not the power to veto the quorum call will be charged to the Now, the second provision—and there President’s decision but the power to party who suggests the absence of a are two that are criticized—has to do have input, the power to have review. quorum. If no quorum call is in place, with liability limits. Senator WARNER Also, to get a bill we could vote on and both sides are charged. and Senator ALLEN introduced an hopefully conclude this debate, we had Mr. BYRD. Does the distinguished amendment, which we accepted, that to meet with Members of the House majority leader want more time? I puts the taxpayer on the hook for pay- who had a separate bill. would like to give him my remaining ing any liability that occurs from time. I don’t want to see that time What we have before us is the old Gramm-Miller amendment with the items produced for fighting the war on whittled away simply because some- terrorism. It is something we have body is not taking the floor. amendments that we adopted; 95 per- cent of the Lieberman bill is in this done since the Civil War to try to in- I ask unanimous consent that I may demnify manufacturers that are pro- yield my remaining time to the major- stack of paper. And then we had to reach an agreement with the House. ducing cutting-edge items that are des- ity leader. perately needed on a time-sensitive The PRESIDING OFFICER. The Sen- A great harangue has come forth basis for the war effort. The House had ator has that right. against that final agreement. There is Mr. DASCHLE. Mr. President, I am an amendment pending that would similar language, but with liability very grateful to the distinguished Sen- strike seven provisions. In striking limits included in the Transportation ator from West Virginia. I ask unani- those seven provisions, we would en- Safety Act. When it came to a choice mous consent that I be recognized for danger the bill and, if we were fortu- between the taxpayer being at risk or that time just prior to the vote. nate, we would have a conference in having previously established liability The PRESIDING OFFICER. Without December. limits, we accepted those liability lim- objection, it is so ordered. That is a risk that is not worth tak- its from the House bill. Mr. DASCHLE. I thank the President ing and, further, I believe the bill is a Another provision that has been and thank the Senator from West Vir- better bill with the seven provisions in criticized is a change in the Wellstone ginia. it. Let me just address them. amendment. The Wellstone amendment Mr. BYRD. Mr. President, might I The one that has gotten the most dis- originally said any company that has have just 30 seconds of my time back? cussion is the provision with regard to ever been domiciled in the U.S. that is Mr. DASCHLE. Mr. President, I yield liability on vaccines. domiciled somewhere else cannot sell whatever time the Senator from West Let me state it in the simplest pos- items to be used in the war on ter- Virginia may require. sible form. We have always had sepa- rorism. We thought there had to be Mr. BYRD. I thank the Chair. I thank rate treatment for vaccines because some moderation on this language, so my leader. some people react differently to vac- we added three points. One, if the lan- I have just heard from the Budget cines. guage produced a situation where you Committee, CBO has scored the vac- In 1986, we set up a comprehensive actually lose American jobs because a cine amendment as increasing direct program to compensate people who are product was produced here, even spending by $100 million in the first harmed by vaccines that are used for though the company’s headquarters is year, $2 billion over 10 years. In other general purposes. We have paid $1.6 bil- in France, you could have a waiver. words, it is a gift to drug companies by lion out of that fund. Under that fund, Two, if you have a sole source bidder this amount that would increase the you go through a process of arbitration and no competition, you can have a deficit by this amount. and, if you settle, you settle; if you waiver. And three, if the product is I yield the floor. cheaper with higher quality, a waiver The PRESIDING OFFICER. The Sen- don’t, then you can go on to court. The can be given under those cir- ator from Nevada. vast majority of people settle. cumstances. Mr. REID. Mr. President, I suggest A loophole has been found in that the absence of a quorum, reserving the process. Plaintiff attorneys are now ar- That is a good government provision. final time, as has been indicated in the guing that damage is being done by a It makes eminently good sense. If a previous order, to Senator DASCHLE. mercury derivative, which is a preserv- company in France is producing some- The PRESIDING OFFICER. Without ative in these vaccines. The plaintiff thing in Cleveland and selling it for the objection, it is so ordered. attorneys are arguing this preservative war on terrorism, why should we put The clerk will call the roll. is not covered under the compensation people in Cleveland out of work to buy The assistant legislative clerk pro- program. Nobody has proved scientif- something produced in Japan by a com- ceeded to call the roll. ically one way or another where the pany that has no employees in the Mr. GRAMM. Mr. President, I ask harm comes from. But plaintiff attor- United States? It makes absolutely no unanimous consent that the order for neys have now reached around the arbi- sense. Those waivers represent good the quorum call be rescinded. tration process and have filed suits government.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.020 S19PT1 S11366 CONGRESSIONAL RECORD — SENATE November 19, 2002 There are two final provisions in the Mr. GRAMM. Mr. President, that bear scrutiny. We in the Governmental bill. One doesn’t matter, and that is ad- provision is similar to provisions we Affairs Committee, I think on a bipar- visory councils. I don’t know if they have at the Department of the Interior tisan basis, over the years have tried have any value or not. I don’t see jeop- and the Department of Energy. It basi- our best not to interject social policy ardizing the bill to strike them. cally says the major research univer- in our procurement process. The final provision has been referred sities in the country will be eligible to Our Government needs to be able to to as a ‘‘Texas A&M’’ provision—a pro- participate in a center or centers. It get the best and cheapest goods for the vision I did not write and didn’t have also says the agency and the President taxpayers. One can think of many dif- anything to do with, and it doesn’t spe- have the power to set up centers and do ferent things companies might do that cifically have anything to do with research wherever they want to. This is are totally legal, totally proper, that Texas A&M. a provision that provides no money. It we might disapprove of. We wish they I have a letter from the University of does say major research universities were different kinds of companies, had California supporting the provision. I will be part of the process, but it different kinds of social policies. But if ask unanimous consent that it be doesn’t say they will be the only part we say, with regard to all of them, that printed in the RECORD. of it. if there would be a new batch every There being no objection, the mate- Let me conclude and then keep the year under consideration, we are not rial was ordered to be printed in the balance of my time, because others going to do business with them, we are going to cut off our nose to spite our RECORD, as follows: may need it if I have not used it up. The seven amendments that would be face, even though their products are UNIVERSITY OF CALIFORNIA, better, they are cheaper, and we are OFFICE OF THE PRESIDENT, stricken by the Daschle amendment Washington, DC, July 25, 2002. are amendments that improve the bill. trying to protect homeland security, Hon. NANCY PELOSI, A couple of them didn’t have to be we are not going to do business with Ranking Member, House Select Committee on there. They do no great harm. Five of them because we do not approve of Homeland Security, House of Representa- them improve the bill by dealing with your policies, even though they are tives, Rayburn House Office Building, problems directly related to terrorism, perfectly legal, that would hurt this Washington, DC. and they all trace back to a provision, country. DEAR REPRESENTATIVE PELOSI: As you pre- in one form or another, that was in It is more important to have a viable pare to vote on H.R. 5005, the Homeland Se- both the Senate and House bills. Homeland Security Department to pro- curity Act of 2002, the University of Cali- tect this country than it is to make a fornia encourages your support for provi- I know this is going to be a close sions in the bill that aim to strengthen the vote. I urge my colleagues to vote political point or punish some com- role of science and technology in the new De- against the amendment, A, on sub- pany. We are punishing, in some cases, partment and that ensure that the capabili- stance—the bill will be better if the companies that have thousands of do- ties of the U.S. Department of Energy’s Na- amendment fails—and, B, I think there mestic employees working in the tional Laboratories are made available to is a substantial probability that we United States. What we would be doing the new Department. UC supports the estab- will not get a bill this year, though we is depriving them of contracting with lishment of an Under Secretary for Science will certainly get one next year. It sim- the Department of Homeland Security and Technology and provisions to strengthen and allowing a French company or a the important role that academic research ply would mean a 3-month delay. institutions play in protecting our home- So I urge colleagues to vote no on the German company that has always been land. amendments and to vote for the under- a foreign company, always with foreign As you are aware, UC is actively engaged lying bill. I reserve the remainder of employees, getting the contract. in activities associated with homeland secu- my time. That makes absolutely no sense. rity and our nation’s war on terrorism, in- The PRESIDING OFFICER. The Sen- However, it apparently is an idea cluding conducting ongoing research and ator’s time has expired. The Senator whose time is come and is included in providing scientific expertise. UC faculty from Tennessee is recognized. the amendment Senator GRAMM, Sen- and researchers, including those at the UC Mr. THOMPSON. Mr. President, how ator MILLER, and myself offered a while managed national laboratories, have testi- much time do the opponents have? back. fied before Congress, developed bio-agent de- The PRESIDING OFFICER. Fifteen What we do is this: We do not nec- tection devices, aided in the anthrax clean- up effort on Capitol Hill, and analyzed the and a half minutes. essarily agree with the underlying pol- World Trade Center structure, among many Mr. THOMPSON. Mr. President, I ask icy, but we are going to include it in other activities. the Chair to notify me at the end of the the amendment. But at least let’s have Section 307 of H.R. 5005 calls upon the Sec- consumption of 7 minutes. some exceptions if it really benefits retary to establish university-based centers The PRESIDING OFFICER. The our country in terms of homeland secu- for homeland security. This section provides Chair will do so. rity, our jobs, our costs. Let’s give the the Secretary with a list of merit contingent Mr. THOMPSON. First of all, Mr. Secretary the discretion to make some criteria from which to base the selection of President, with regard to the com- exception with regard thereto. It is colleges or universities as centers. The cri- ments that have been made concerning just common sense and it focuses teria range from strong affiliations with ani- mal and plant diagnostic laboratories to ex- the inversions, a couple of colleagues where we need to get, not for short pertise in water and wastewater operations. on the other side said our amendment term political gain but to punish some UC would welcome the opportunity to com- takes out the Wellstone amendment to company. pete for such an important center. As the bar companies who leave the U.S. to Bermuda, for example, is the home of public research institution serving the state evade taxes. Intelsat from whom our Department of of California, the ten-campus UC System, This doesn’t eliminate the Wellstone Defense gets satellite services. Do we with its three national laboratories, is amendment. That amendment to bar want to cut ourselves off from that? uniquely qualified to address all of the selec- the Department of Homeland Security There are not that many companies tion criteria. To improve the selection proc- from contracting with inverted compa- ess, UC would like to work with you and the like that around the world. Intelsat is conference committee to ensure that the nies is included in our amendment. an inversion. Why limit it to homeland final version of the legislation provide that What our amendment does, though, is security? the Secretary shall make the designation of give the Secretary of Homeland Secu- Let’s get away from the idea of pun- university centers with the advice of an aca- rity the ability to waive the bar if U.S. ishing somebody or punishing some demic peer review panel. jobs would be lost, or if it would cost company when it hurts our country to I commend you for your leadership on this the Government more taxpayer dollars do so. It does not say you have to do landmark legislation and for your continued because there would be less competi- business with them. It says let them service to the people and institutions of our tion. compete. We are not giving them any- state. If you need further information about On this issue, I know this is ex- thing if it is not the best thing for our the issues raised in this letter, please con- tact me. tremely important politically for many country. That is the philosophy behind Sincerely, of our colleagues. When you examine it our approach, and it is incorporated in A. SCOTT SUDDUTH, from the standpoint of social policy, or this amendment. No one should have to Assistant Vice President. policy as it affects the U.S., it does not make any apologies for this provision

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.022 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11367 being in the Thompson amendment the cines, have a new definition, a more Proponents of the Lieberman-Daschle way it is. comprehensive definition of vaccine amendment claim the criteria are too With regard to the other point Sen- and make that a part of the system. selective and should be eliminated. ator GRAMM made concerning vac- It is not cutting plaintiffs off, it is Shouldn’t we be concerned that the De- cines—and Senator FRIST spoke elo- putting them in the same position we partment of Homeland Security works quently about this. This is an incorpo- thought we were putting plaintiffs in with the best and the brightest when ration. What the Lieberman amend- in 1986, anyway, and that is go through developing technologies intended to ment seeks to remove is the incorpora- a special master and prove your case. protect the American people? If the tion of a portion of a bill that was sub- You do not have to prove your injury Lieberman amendment passes, I cau- mitted by Senator FRIST. was actually caused by a vaccine, as tion you that the university-based cen- If one looks back at the history of one would in a court of law; on the ters could become more about pork and vaccines, it is obvious vaccines have other hand, there is some limitation on which legislator can deliver the most been special cases in this country for recovery. Then if you are not satisfied, in government funds to his or her dis- years. We have treated them in a spe- you can sue in court. trict, rather than protecting the Amer- cial way because the profit margin on A benefit to a company? When are we ican people with cutting edge tech- vaccines is lower than most drugs, and going to stop looking at who gets some nologies and programs. the risk is higher, and we need vac- little benefit, who is able to survive, To facilitate the development and de- cines. As a part of our governmental and start looking at what is in the in- ployment of needed technologies, the policies, as part of our national poli- terest of our national security? Some- House included its SAFETY Act provi- cies, it has always been that way. times I believe we had rather make sion, recognizing that we cannot saddle We addressed that when the swine flu some small point and put some com- manufacturers with unreasonable expo- epidemic came about, and we made pany or group of companies out of busi- sure to unlimited lawsuits. The House- passed SAFETY Act language imposes some changes to the Federal Tort ness who are not in favor at the mo- reasonable provisions to manage poten- Claims Act. Back in the 1950s, an Exec- ment, even if it hurts us as a nation. tial legal exposure of those companies utive order was put forward that would And vaccines are a classic case. We that we have asked to step up to the provide some indemnification for com- have to have more. plate in homeland security. Otherwise panies to produce vaccines. We have a We are trying to figure out what to we will be faced with a crisis in home- long history of that practice. do with smallpox. It is not going to be land security when companies are un- Finally, in 1986, Congress created the in our country’s interest to drive these willing or unable to become involved. National Vaccine Injury Compensation companies out of business, and it does Let me be clear, contrary to assertions Program which said basically this to nothing to harm qualified plaintiffs to by some, the House-passed language plaintiffs: Look, plaintiffs, you are not require them to go through the com- does not give blanket immunity to cor- getting anywhere the way it is in the pensation program we set up in 1986 porations. What it does is permit com- court system. Nobody ever gets any re- and which most people thought these panies that manufacture and deploy covery off this because you cannot plaintiffs would be a part of, anyway. designated antiterrorism technologies, prove causation. You cannot prove Mr. President, I yield the floor. approved by the Federal Government your injuries were actually caused by The PRESIDING OFFICER. The Sen- for use in homeland security, to be af- this vaccine. So we are going to set up ator from Utah. forded the ‘‘government contractor de- a separate system so you do not have Mr. HATCH. Mr. President, how fense,’’ but only if certain criteria and to prove causation; basically a no-fault much time remains on this side? precise government specifications are situation. The PRESIDING OFFICER. Six min- If plaintiffs do not have to prove cau- utes 41 seconds. met. It is important to note that if these sation, on the other hand, there is Mr. HATCH. Will the Chair interrupt criteria are not met, if the equipment some limitation to the amount of dam- me after 4 minutes? deployed does not meet Government ages they can get. Instead of a special The PRESIDING OFFICER. The Chair will do so. specifications or if the manufacturer court, you go to a special master. If conceals any information regarding the you do not like the results, then you Mr. HATCH. Mr. President, today I rise to speak in opposition to the dangers posed by the equipment—the can go to court. We think that is a government contractor defense will not Daschle Lieberman amendment. There pretty sound deal. Congress thought it be successful. Moreover, if a company are some provisions that I consider was in 1986 when it passed that legisla- engages in fraud or willful misconduct, very important to the Department of tion and it was signed into law. that are not protected. And if a State Homeland Security and which Senators Lawyers look at this and say: OK, we imposes additional requirements which are cut out from suing in court if it has DASCHLE and LIEBERMAN seek to strip do not conflict with the Federal cri- to do with a vaccine. So we will take from the House-passed language—thus, teria, the State law is not preempted. this particular additive and say it is in my opinion, making their amend- The defense is not a blanket immunity not really a vaccine. It is an ment more about abusive litigation se- from suit. adulterant, a pollutant in this vaccine; curity rather than homeland defense If the government contractor defense therefore, it is not covered by this security. fails, and the plaintiff prevails at trial, compensation process. That is the way In order to provide for our homeland the subsequent award would be subject they got to court. defense, we must take necessary steps to reasonable limitations which We have scads and scads of lawsuits to promote research and development include: as a result of it, and it resulted in two of important technologies and vac- Proportionate liability for non-eco- U.S. companies left producing vaccines cines, and ensure their accessibility. nomic damages—Companies would only in this country. What Senator FRIST We will have failed the American peo- be liable for noneconomic damages ac- was trying to do and what we are try- ple if the development and deployment cording to their portion of culpability. ing to do in our amendment is to effec- of needed technologies and vaccines is Under current joint and several liabil- tuate the intent of the 1986 law which prevented by the threat of unreason- ity laws in place in many States, a de- was to roll all this in to the compensa- able exposure to overwhelming law- fendant that is only 1 percent at fault tion program. suits. could be forced to pay an entire award Mr. President, I ask for an additional To foster quality research, the House if payment cannot be obtained from 2 minutes. established criteria to ensure that those responsible for the other 99 per- The PRESIDING OFFICER. Without when selecting universities as centers cent. It is unconscionable that we objection, it is so ordered. for the development of homeland secu- would subject manufacturers that have Mr. THOMPSON. The intent was to rity technologies, we partner with the stepped forward to protect the Amer- roll these new lawsuits of the future highest quality programs. Many of ican people to unlimited litigation ex- into this compensation program, so these criteria mirror similar provisions posure that could result in their paying that in the future, not only with regard routinely found in current Federal laws damages for which they are not respon- to vaccines, but components of vac- funding research and development. sible. A crafty plaintiff’s attorney

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.024 S19PT1 S11368 CONGRESSIONAL RECORD — SENATE November 19, 2002 could conceivably add one of the ter- posure should they attempt to partner tunate families who suffer harm is not rorists as a defendant in a case to in- with the government in the dissemina- a simple matter, and at the very least, flame the jury. Consequently, even if tion of a vaccine. Let me stress that should be the subject of an open, the jury finds the terrorist 99 percent the government cannot do this alone; thoughtful legislative process. This liable because he perpetrated the act, we must partner with the private sec- issue was clearly not afforded the de- the manufacturer of a device that may tor or else we will leave significant liberation the American public de- have failed one time in 1,000 might be portions of our constituents unpro- serves. forced to pay a huge, often crippling tected. Though I may not agree with every award. Often these types of lawsuits I must note that the last-minute in- provision in the House-passed bill, and become less about culpability and more clusion of sections 1714–1717 in the I must emphasize my disappointment about the trial bar extorting huge set- House-passed bill dealing specifically in the hurried manner with which some tlements based on emotions that run with liability for vaccines that are cov- provisions were included, I recognize high in the aftermath of a tragedy. ered under the current National Vac- that if we allow this amendment to Nonetheless, the House-passed lan- cine Injury Compensation Program, strip the provisions which I feel are guage only remedies this injustice with NVICP, has raised many concerns. I vital, we will threaten overall passage regard to non-economic damages. Eco- have heard from many parents that of the bill. nomic damages would not be subject to feel the process by which this bill was Failure to enact this legislation proportionate liability and State laws brought to the floor will deny them a would be a serious disservice to the fur- forcing those less culpable to pay for meaningful opportunity to influence therance of our homeland security and the damages inflicted by those who are legislation that is important to chil- the interests of the American people really responsible, would still apply. dren and their families. Simply, the because it would leave us in danger of A Ban on Punitive Damages—It is ap- process leaves much to be desired. A being unable to develop the tech- propriate to ban punitive damages in piecemeal, unvetted approach to ad- nologies or vaccines necessary for the lawsuits which we can anticipate could dressing these specific, very complex defense of our country in the 21st cen- very well be based more on emotion vaccine injury compensation and sup- tury. We are in a new type of war, and than legal culpability and are less in ply issues is not the best way to pro- litigation that could follow terrorist line with the real purpose of punitive tect our children and families. Without attacks will not be garden variety law- damages—to punish bad behavior—and broad debate and consideration of all suits. Leo Boyle, president of the Asso- more about making a statement about the issues surrounding vaccine com- ciation of Trial Lawyers conceded as a tragedy. Uncontrolled and inflated pensation, the narrow inclusion of cer- much in a January 9, 2002, Washington punitive damage awards run the risk of tain provisions regarding NCVIP, such Post article, ‘‘Legal Eagles, Beating drying up defendant resources and re- as ‘‘clarification of definition of a man- Back the Vultures,’’ where he stated ducing awards to subsequent plaintiffs ufacturer,’’ removal as ‘‘an adulterant that lawsuits seeking to blame the ef- to pennies on the dollar. or contaminant any component or in- fects of the September 11 attacks on We must provide some stability to gredient listed in a vaccine’s product anyone but the terrorists ‘‘deny the es- the legal process, especially in the con- license application or product label,’’ sential nature of the attacks’’ and text of terrorist attacks to ensure that and application of these definitions to should be subject to special rules lim- private-sector resources are available pending litigation, without addressing iting the liability of Americans. If that for our homeland defense and that other criticisms of NVICP may not be is true, the trial bar should not oppose plaintiffs are compensated for their ac- the best course of action. What is most these provisions. tual damages. troubling is the fact that we have not Fred Baron, a leading member of the In order to facilitate the develop- been given the opportunity to fully un- trial bar, was recently quoted as refer- ment and deployment of essential vac- derstand the implications of sections ring to an article in the Wall Street cines, the House-passed language rec- 1714–1717 and develop comprehensive Journal that stated the trial bar ‘‘all ognized the importance of this aspect solutions due to a poor legislative proc- but controls the Senate.’’ Mr. Baron of our homeland security and included ess. took issue with the ‘‘all but.’’ I took language that would treat doctors and Maintaining a safe, adequate vaccine issue with his assertion during a recent hospitals who administer certain vac- supply while fairly compensating vac- hearing in which he was a witness be- cines and manufacturers of certain vac- cine injury is an important issue and fore the Judiciary Committee on asbes- cines as Federal employees. This deserves far more deliberation and de- tos litigation, because as I think it is means that the government will step in bate than it was afforded. Americans clear to all of us—the trial bar has so under the Federal Tort Claims Act, are rightfully concerned about the far been successful in preventing us FTCA, and defend the lawsuit and pay manner in which this important issue from enacting essential reforms in the any damages awarded, subject to the has been handled in the eleventh hour. area of asbestos litigation and class ac- parameters of the FTCA. Claimants Clearly, on the one hand, the vast ma- tions which are spiraling out of control will still be compensated, but those jority of our children and families have and crippling American businesses. who partner with us to protect our peo- benefited from vaccines. On the other Often these abusive lawsuits have little ple will not be overwhelmed by an un- hand, unfortunately, there are rare ad- correlation to any actual culpability of restrained trial bar. Nobody is arguing verse events that are caused by vac- these companies, and often end up with that particular provision—but we cines. Balancing these issues to ensure being to the detriment of claimants de- must recognize that it works in tan- the health and well-being of our chil- serving of appropriate compensation. dem with the other provisions that I dren requires careful consideration. I challenge my colleagues to show have addressed. Legislation introduced by Senator the American people that we are seri- If we suffer another attack, do my FRIST, S. 2053, the Vaccine Afford- ous about providing them with the colleagues want to be faced with a ability and Availability Act, which technologies and medicines necessary shortage of important vaccines, or the contained the original provisions now to protect them in the event of another inability to get those vaccinations to included in the Homeland Security bill, terrorist attack by opposing this the public in a rapid and orderly man- had never been subjected to any legis- amendment, and thereby proving that ner? As Senator FRIST noted, our vac- lative scrutiny such as hearings or the Senate will not cow tow to the spe- cine capability is in crisis. Potential markups. Our citizens expect to be cial interests of the trial bar or their exposure to unlimited lawsuits has heard and their concerns taken into ac- campaign contributions. made it impossible for most companies count when forming legislation, espe- I thank the Chair. I yield the floor. to participate in a vaccine program. cially when modifying a current pro- Mr. REID. Mr. President, I wish to We have seen the number of vaccine gram. I am disappointed that this did speak in support of the Daschle- manufacturers fall from 12 to 4, only 2 not occur. Ensuring affordable, life sav- Lieberman amendment to the home- of which are U.S. companies. Doctors ing vaccines while protecting our chil- land security bill. Many people have and hospitals are legitimately con- dren from vaccine injury and fairly and pointed out many of the problems this cerned about their potential legal ex- expeditiously compensating the unfor- amendment attempts to address.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.003 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11369 I share the concerns of my colleagues prompted considerable and justifiable our concerns, agreeing there are items that the homeland security bill should alarm, particularly the clarification of in the bill that cannot stand as they not include provisions protecting Eli vaccine manufacturer liabilities, the are and pledging they will be redressed. Lilly from lawsuits over a vaccine that criteria by which colleges and univer- And I applaud the leader’s initiative to may be responsible for causing autism sities will be chosen to undertake work form a committee to remedy the most in children. The homeland security bill on behalf of the new Department, and troublesome provisions I have outlined, is no place for these special interest, the waiver allowing the use of inverted and as a member of that committee I last minute provisions. domestic corporations as contractors look forward to achieving that goal so There are many other such provi- for the purposes of homeland security. that we can right these wrongs as part sions that I am concerned about which As to the vaccine program, some of the first order of business we con- this amendment will address. argue that the measure included in the duct in January. In particular, I am extremely dis- legislation is necessary in order to help As a result of these assurances, we appointed with the provision in the bill ensure the continued viability of the can move forward toward completion that essentially establishes Texas A&M industry, especially at a time when on this bill that can no longer wait. as a homeland security research cen- vaccination against a host of potential After 6 month of deliberation, at this ter. This provisions was drafted in such biological attacks has become all the sustained period of ‘‘Code Yellow’’ ele- a way that many other universities, more critical. Others have serious con- vated alert status, the time has come such as the University of Las Vegas- cerns about the impact of this provi- for the perpetuity of purpose ensured Nevada and University of Nevada-Reno, sion on pending litigation. by statutory status for a new Depart- will not be able to compete fairly for I’m also extremely concerned about ment of Homeland Security. this important designation. the loophole that was opened in the A Department responsible for safe- The war on terrorism will only be bill’s provision banning homeland secu- guarding our homeland defense must won when we utilize all the best and rity related contracts with inverted not be dependent solely on the rela- brightest academic minds all over the corporations. tionship between a particular Presi- country. I am proud of the universities, It may be one thing to say that ex- dent and his or her Homeland Security colleges, and community colleges in ceptions can be made should our secu- director. Rather, it must be run as effi- the State of Nevada. We have some of rity requirements demand we deal with ciently and effectively as possible the best counterterrorism training and an inverted corporation because there under the leadership of a permanent, research facilities affiliated with the simply is no other option. It is quite cabinet level official. That is the only Nevada universities and colleges. I am another to actually require Federal way to achieve the kind of ‘‘continuity contracts to be awarded on the basis of disappointed that the administration of urgency’’ the security of our home- the lowest bid regardless of where the and the House decided to support one land demands. company is incorporated, thereby re- facility without taking the time to The fact of the matter is, we cannot warding the very companies that learn what these other facilities have afford a descent into complacency moved offshore for the purpose of to offer. when it comes to this life-or-death ob- If this amendment is not successful, I avoiding Federal taxation. What kind ligation to protect the American peo- of message does that send? What kind will still work to ensure that UNLV ple. Under a new cabinet-level depart- of precedent does it set when just 5 and UNR will be able to compete for ment, responsibility would rest with a months ago in the Finance Committee this important distinction. By doing Secretary of Homeland Security—a po- we were working to crack down on the so, these universities will continue the sition created under law—who would most egregious corporate inversions? proud Nevada tradition of offering up And finally, the under-the-radar pro- manage the vital day-to-day func- our skills to serve the nation in times vision concerning college and univer- tioning of the new department. Criti- of crisis. sity work mandated extremely selec- cally, this person would have their own Ms. SNOWE. Mr. President, it is only tive and narrow criteria that effec- budget, while they work closely with after long and careful consideration, as tively excluded the vast majority of in- the Administration to develop and im- well as assurances from leadership I stitutions of higher learning in Amer- plement policy. and several of my colleagues have se- ica. The measure offered the new Sec- The bottom line is, I support the cre- cured which I will detail in a moment, retary no discretion, but rather was ation of the Department of Homeland that I have determined that I will not tailored to apply to only a handful of Security—the largest re-organization support the Daschle-Lieberman amend- colleges and universities. Why of our Government since WWII—be- ment before us today. shouldn’t the University of Maine be cause it will centralize our efforts to This is not a decision I have come to able to contribute to the cause if the prevent and respond to any future ter- lightly. I am deeply troubled by a num- Secretary believes that specific secu- rorist attack. Currently, at least 22 ber of eleventh-hour additions to this rity needs match with a specific exper- agencies and departments play a direct major piece of legislation, in the dead tise they may possess? role in homeland security, encom- of night, as we face adjournment. This The only reason I will not be sup- passing over 170,000 people. This legis- is not the legislative process at its fin- porting efforts to remove these provi- lation consolidates these various re- est. sions from this legislation via the sponsibilities into one Department Even as we speak, unprecedented Daschle-Lieberman amendment is be- which will oversee border security, challenges face our national security. cause I have been able to obtain assur- critical infrastructure protection, and Counterterrorism officials report that ances from the Republican Leader, the emergency preparedness and response. the level of intelligence ‘‘chatter’’, or Speaker of the House, the Majority Every day we wait is another day information, being picked up from al- Leader-elect of the House and the Ad- that we risk having to look back and Qaida by the CIA, FBI, and National ministration that these objectionable wonder, what if we had acted sooner? Security Agency is approaching the measures will be addressed with alac- For this reason, along with the com- volume seen in the weeks before Sep- rity upon our immediate return in Jan- mitment I have personally received tember 11, promoting the FBI’s recent uary, through the first available appro- from the Leader that we will address warning of ‘‘spectacular’’ attacks. That priations vehicle in the 108th Congress. the issues of vaccine liability, inverted is why the President needs this new All of these parties have been in close corporations, and university contracts Department, and must have the oppor- communications on this matter. And next year, I will oppose the Daschle- tunity to begin its organization as soon let me say it is a credit to Leader LOTT Lieberman amendment. as possible in order to respond to this that he worked swiftly and decisively Mr. LEAHY. Mr. President, tucked national imperative and to secure to address the concerns I and others away into the Homeland Security bill American soil to the best of his ability. raised, as well as to secure the nec- is a small provision that no one seems Yet, here we are, with the House re- essary assurances from House leader- to want to take credit for and yet it grettably having adjourned having sent ship. would bestow huge benefits on just one to us a Homeland Security bill encum- I appreciate that our Republican interest group. According to news ac- bered with stealth provisions that have leader came to the floor to speak to counts, Sections 714 through 716 of the

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.022 S19PT1 S11370 CONGRESSIONAL RECORD — SENATE November 19, 2002 Homeland Security bill were Mr. DASCHLE. Since the Republican open opportunity for colleges to com- ‘‘something the White House wanted,’’ leader is not here, I will use the time pete. But to earmark, without debate, not necessarily something the House or remaining to respond to a couple of the Texas A&M as the only university al- Senate wanted. points raised by my colleagues. lowed under this legislation—it may be This explanation hardly clarifies why First, with regard to the comments justified; maybe after all the competi- we are including such a far-reaching made by the Senator from Texas, I tion they could win—is not the way to amendment that has nothing to do again reiterate this has nothing to do legislate. That is also an embarrass- with homeland security in this bill. It with support for pharmaceutical re- ment. I hope we can avoid that. hardly explains why, in these final search. This has everything to do with I will finally say, because I know I days of the 107th Congress, we have de- a questionable preservative used in am out of time, for the Congress to re- cided so blatantly to put the interests combination with pharmaceutical vac- verse a decision we both have made— of a few corporate pharmaceutical cines. Thimerosal is an additive, a pre- passed in the Senate, passed in the manufacturers before the interests of servative. There are those who have House, passed overwhelmingly in both thousands of consumers, parents and made the case that Thimerosal may bodies—to send a clear message to children. cause autism in children. We do not companies that go overseas to avoid Sections 714, 715 and 716 basically know. All over this country, there are paying U.S. taxes, that will not be tol- give a ‘‘get out of court free card’’ to class action suits by families who have erated, especially with regard to their Eli Lilly and other manufacturers of sued to make the case, who have sued ability to deal with the Homeland Se- thimerasol. Thimerasol is a mercury- to have their day in court, who want to curity Department, and now to say we based vaccine preservative that was get more science and more answers were not serious, we were just kidding, used until recently in children’s vac- than they have right now. That is what those votes, as overwhelming as they cines for everything from hepatitis B this is about: Whether those thousands were, really did not mean anything; to diphtheria. Unfortunately, while of families will have an opportunity to what we really mean is, go ahead and these vaccines were intended to help be heard in court; whether they will have that business, do that business, protect our children’s health, there are have an opportunity if, God forbid that that is OK, you can go overseas, avoid many health professionals and parents there is that connection, to be indem- paying taxes, you can renounce your who now believe the opposite occurred. nified. Make no mistake, this legisla- U.S. citizenship, but you can still do Parents and health professionals are tion eliminates all of that opportunity. business with homeland security, that now concerned that using vaccines I heard the Senator say this is good is OK—that is what we are saying if we with thimerasol has exposed as many government. I must say, I am baffled oppose this amendment. as 30 million American children to by that expression. How can it be good I could go on and on. I know I am out mercury levels far exceeding the ‘‘safe’’ government to say to families all over of time. I urge my colleagues to do the level recommended by the Environ- the country who have been victimized, right thing. Let’s cleanup this bill. mental Protection Agency. In 1999, the or at least who think they have been Let’s not have this vote and send the American Academy of Pediatrics and victimized, that they can no longer go wrong message to the people of this the Public Health Service began urging to court to seek redress? country, to the families who are vic- vaccine manufacturers to stop using Again, let me say, this has nothing to timized, to the businesses that have no thimerosal as quickly as possible. do with research or with the vaccines business dealing with homeland secu- Since then, parents of autistic children themselves. Thimerosal is no longer rity. We can do better than that. That around the country have gone to court being made. We are not even dealing is what this amendment will allow us to hold pharmaceutical companies lia- with future class action lawsuits. We to do. ble for the alleged damage caused by are only dealing with the ones cur- The PRESIDING OFFICER. The mi- thimerosal. Many of these parents now rently pending. This legislation, let ev- nority leader. cite pharmaceutical manufacturer’s Mr. LOTT. How much time is remain- eryone understand, will wipe out— own documents to show that they knew ing on each side? eliminate—the access to courts by fam- of the potential risk of using mercury- The PRESIDING OFFICER. Two ilies who have been injured, whose chil- based preservatives back in the 1940s minutes 11 seconds remain. dren have autism, who want the right and yet did not stop its use. Mr. LOTT. Mr. President, if I need Now tucked away in the Homeland to make the case to the courts, and additional time, I will yield myself Security bill, we find this small provi- then the courts decide. If the evidence leader time so I can wrap up this dis- sion that changes the definition of a is not there, they do not get the com- cussion. vaccine manufacturer to include those pensation. But if they can make the I regret I have not been able to hear companies that made vaccine preserva- case and if the science will support the all of the debate this morning. We have tives. This small change to the Vaccine connection, then there is some hope for had an opportunity to have a long and Injury Compensation Program cuts the these families who otherwise have fruitful debate. A lot of Senators and legs out from under the families in- none. Congressmen and the administration volved in pending lawsuits against thi- Why at the eleventh hour, why in the have been involved in this process. merosal manufacturers. The amend- dead of night, somebody, even if they There is no use rehashing all of the his- ment is obvious in its attempt to put thought they were right, would add tory. We know we need a Department up roadblocks to these cases. Those legislation without debate, totally of Homeland Security. We know this who brought the cases against manu- stripping these families of that oppor- 484-page bill that Senator BYRD re- facturers would lose their option of tunity, is something I cannot explain, I ferred to is not a perfect bill. There are going to court while the manufacturers cannot understand. That is what we are things we will find out very quickly we get new protections from large judg- talking about. That is not good govern- will have to add that are not there ments. ment; that is shabby government. That now. We will find out some of the pro- Let’s be clear about this provision. It should not be allowed. That is really visions are not good. We will have to has nothing to do with homeland secu- why we are taking it out. revisit that. This is a huge under- rity. Smallpox and anthrax vaccines do We can explain, we all know how taking. We all know this has not been not use thimerosal. We should not take these targeted amendments get put in done for 50 years. away the rights of our citizenry under legislation. In the course of any one We will bring together 170,000 people the guise of trying to protect them. Senator’s career, those occasions and try to make this thing work out of The PRESIDING OFFICER. The ma- occur. I don’t think anyone can justify whole cloth. It will be a tremendous jority leader. a Texas A&M earmark for research. I challenge, whether Gov. Tom Ridge or Mr. DASCHLE. What is the current say to the Senator from Nebraska, the whoever winds up being the Secretary. time remaining? University of Nebraska should be enti- They will have to have a strong De- The PRESIDING OFFICER. The Re- tled to that research. The University of partment. They will have to have sup- publican leader has 2 minutes 20 sec- South Dakota might be interested in port from Congress. We will have to onds, and the majority leader has 4 that research. There ought to be a bid- carry out our oversight responsibil- minutes 3 seconds. ding process. There ought to be some ities. This will be a continuing process.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.035 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11371 However, if we do not do it now, when toughest decisions the President of this [Rollcall Vote No. 245 Leg.] are we going to do it? Do I like this United States is going to have to make YEAS—47 process? No. Is a legislative process is are we going to have a broad-based Akaka Dayton Levin like making sausage? No, it is not pret- smallpox vaccination of the popu- Baucus Dodd Lieberman ty and it is not done well, sometimes. lation? That could kill hundreds, thou- Bayh Dorgan Lincoln Sometimes we are the problem, indi- sands of people, but perhaps protect Biden Durbin McCain Bingaman Edwards Mikulski vidually or collectively. Sometimes it millions. It is a huge, tough, emo- Boxer Feingold Murray is the House; sometimes even the ad- tional, personal decision the President Breaux Feinstein Nelson (FL) ministrations make mistakes. is going to have to make. And liability Byrd Graham Reed Cantwell Harkin Reid The terrorists are not going to wait exposures could be huge. Carnahan Hollings Rockefeller for a process that will go on days, But do we want the vaccine? Do we Carper Inouye Sarbanes want the inoculation opportunity to Cleland Jeffords weeks, or months. Schumer We have fought this fight. We need to protect our people? Yes. Clinton Johnson Conrad Kerry Stabenow get this done. And we need to do it So I am asking for common sense. I Corzine Kohl Torricelli now. If we don’t, we don’t know when am asking for trust. I am asking for ac- Daschle Leahy Wyden tion now. And we will address some of this process would end. Would we have NAYS—52 to go to conference? When would con- these issues. I am going to be specific as the day goes forward about some of Allard Fitzgerald Nelson (NE) ferees be appointed? Who would ap- Allen Frist Nickles point them? When would the con- the changes that are going to have to Barkley Gramm Roberts ference meet? I don’t want to be sing- be made. We will find what they are. Bennett Grassley Santorum ing ‘‘Jingle Bells’’ here on December We will find a vehicle. Bond Gregg Sessions Some people would say: Change it Brownback Hagel Shelby 21. We are all prepared to do it if that Bunning Hatch now and let the House deal with it. But Smith (NH) is the right thing for the country. Burns Helms Smith (OR) Campbell Hutchinson But we could very well be working on how do you do that? How do they do Snowe Chafee Hutchison that? How do we get a conclusion? How Specter this again next year. And then you Cochran Inhofe Stevens have to get this Department started. It much longer does it delay this? We Collins Kyl could take a month, 2 months, 3 need to get this done, my colleagues, Craig Landrieu Thomas and now is the time to do it. We need Crapo Lott Thompson months, 4 months. Is our homeland Thurmond to work together to make sure it is im- DeWine Lugar going to be secure during that process? Domenici McConnell Voinovich Are we vulnerable still in our ports? plemented in the right way. Ensign Miller Warner How about our drinking water? Are we We are going to find there are a lot of Enzi Murkowski provisions here that are going to have at risk? Yes. NOT VOTING—1 to be refined. There are going to have Now, there are some things in this Kennedy bill that cannot stand, as it presently to be technical corrections. There are is. going to have to be amendments and The amendment (No. 4953) was re- We don’t like it. Texas A&M Univer- they are probably going to come soon. jected. sity is a great university. Mississippi But I urge the Senate to go ahead and Mr. GRAMM. Mr. President, I move State University could do this job. I act now. to reconsider the vote. don’t think we ought to be setting cri- As I said earlier, we have fought this Mr. LOTT. I move to lay that motion teria that directs research being done fight. Is it perfect? No bill, no law, ever on the table. at one place or another. We have to is. And I am going to ask the President The motion to lay on the table was open that up. We have to make sure ev- of the United States to give us some agreed to. assurances, when he signs this legisla- erybody has a shot at it and that the AMENDMENT NO. 4911 tion, that we are going to look at it research will be done at universities—if The PRESIDING OFFICER. Under carefully and we are going to continue that is needed, and I am not even sure the previous order, there are 2 minutes to work to make sure he has the au- it is—in the right way. We are going to equally divided for debate prior to the thority and that the Department does change that. You have my commit- vote on the next amendment. Who the job in the way we expect them to ment we will change that. yields time? And I don’t like the language in this do it. In conclusion, I thank Senator Mr. DASCHLE. Mr. President, I ask expatriate area. I think it is too broad. unanimous consent to vitiate the yeas However, a little bit of what is at stake LIEBERMAN, the chairman of the com- mittee, for his work. He was for it be- and nays on the amendment in the first here is trust. We have to have some order. modicum of trust that the new Sec- fore it was cool. And so were some oth- ers on that side and this side. I thank The PRESIDING OFFICER. Without retary and the President and the Con- objection, it is so ordered. gress are not going to let these things Senator FRED THOMPSON for his great effort. This is his swan song. He will be The question is on agreeing to be done in an irresponsible way. We are amendment No. 4911. not going to grant block waivers to leaving at the end of this year and we are going to miss him. These are two The amendment (No. 4911) was re- companies that have left this country jected. for tax purposes. But we also have to fine Senators who have worked on a very difficult job. I think we should Mr. GRAMM. Mr. President, I move have some common sense. to reconsider the vote. What if homeland security is at risk? show our appreciation to them and get Mr. NICKLES. I move to lay that mo- What if a large amount of jobs is at this work complete. tion on the table. stake? What if this particular company I yield the floor. The PRESIDING OFFICER. The The motion to lay on the table was offers a particular thing we really need question is on agreeing to amendment agreed to. that somebody else can’t offer? We are No. 4953. AMENDMENT NO. 4901 going to have to deal with the liability. Mr. DASCHLE. I ask for the yeas and We don’t like limiting liability in some The PRESIDING OFFICER. There nays. are 2 minutes equally divided prior to areas—some of our colleagues on both The PRESIDING OFFICER. Is there a the next vote. Who yields time? sides. But here is the question: Are sufficient second? There appears to be. they going to go into this business of The clerk will call the roll. Mr. BYRD. Mr. President, what is the homeland security without some de- Mr. REID. I announce that the Sen- amendment that is before the Senate? gree of reliability that what they are ator from Massachusetts (Mr. The PRESIDING OFFICER. The going to be able to do will be without KENNEDY) is necessarily absent. Thompson substitute amendment is the threat of lawsuits going on and de- The PRESIDING OFFICER (Mr. the next item of business. stroying them? CARPER). Are there any other Senators Mr. BYRD. Is that the amendment by We are asking companies to produce in the Chamber desiring to vote? Mr. THOMPSON? items and to deal with this vaccine The result was announced—yeas 47, The PRESIDING OFFICER. It is. problem. Let me tell you, one of the nays 52, as follows: Who yields time?

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.027 S19PT1 S11372 CONGRESSIONAL RECORD — SENATE November 19, 2002 Mr. BYRD. Mr. President, I assume Mr. REID. I announce that the Sen- partment of Homeland Security to be- someone who is in favor of the amend- ator from Massachusetts (Mr. come a joint sponsor of the Depart- ment will take 1 minute out of the 2 KENNEDY) is necessarily absent. ment of Energy’s national laboratories. minutes. The PRESIDING OFFICER. Are there I believe joint sponsorship retains the The PRESIDING OFFICER. Who any other Senators in the Chamber de- clear lines of authority needed for the yields time? siring to vote? Government to manage the national There are 2 minutes equally divided. The yeas and nays resulted—yeas 69, laboratory system effectively. I am Mr. BYRD. Mr. President, if no pro- nays 30, as follows: also happy to see that the bill includes ponent wishes to take the 1 minute, I [Rollcall Vote No. 246 Leg.] $500 million for the technology accel- will take 1 minute. YEAS—69 eration fund, which represents a good I say to my colleagues that the Sen- Allard Domenici Lugar starting point for our investment in ate had just 48 hours to review the 484 Allen Edwards McCain the new technology that will be needed pages of the House bill before cloture Barkley Ensign McConnell to defend our homeland against ter- Baucus Enzi Miller was invoked, before we stabbed our- Bayh Feinstein Murkowski rorist threats. Finally, the amendment selves with the dagger. Bennett Fitzgerald Nelson (FL) includes the formation of a Homeland In reviewing the details of the bill fi- Bingaman Frist Nelson (NE) Security Institute, as called for by the Bond Gramm Nickles National Academy of Sciences. The In- nally, though, I have had a chance to Breaux Grassley Roberts do a cursory review. The Congressional Brownback Gregg Rockefeller stitute will provide vital technical Budget Office has identified three pro- Bunning Hagel Santorum analysis and policy advice to the new visions that increase mandatory spend- Burns Hatch Sessions Department. In particular, I look for Campbell Helms Shelby ing by $3.26 billion. Some of this new Cantwell Hutchinson Smith (NH) the Institute to help the new Depart- mandatory spending has nothing what- Carnahan Hutchison Smith (OR) ment strike an appropriate balance be- soever to do with homeland security. Carper Inhofe Snowe tween the desire for greater informa- Chafee Kerry Specter tion gathering by law enforcement and The PRESIDING OFFICER. The Sen- Cleland Kohl Stevens ator’s time has expired. Cochran Kyl Thomas intelligence agencies and the funda- Mr. BYRD. Mr. President, my time Collins Landrieu Thompson mental need to protect the privacy has not expired. Senators should pay Craig Lieberman Thurmond rights of individuals. I believe we have Crapo Lincoln Voinovich attention. I insist that I have the rest DeWine Lott Warner done the right thing by establishing a of my time. not-for-profit institute to advise the NAYS—30 The PRESIDING OFFICER. Would Department on these most important the Senator ask unanimous consent. Akaka Dorgan Levin issues. Biden Durbin Mikulski Mr. BYRD. I ask unanimous consent Boxer Feingold Murray The bill also transfers the Federal that I may proceed for at least a half Byrd Graham Reed Law Enforcement Training Center, minute. Clinton Harkin Reid FLETC, to the Homeland Security De- Conrad Hollings Sarbanes partment and ensures that the activi- The PRESIDING OFFICER. Without Corzine Inouye Schumer objection, it is so ordered. Daschle Jeffords Stabenow ties currently underway continue to be The Senator is recognized for 1 Dayton Johnson Torricelli carried out at the same locations. This minute. Dodd Leahy Wyden will ensure that the FLETC division in Mr. BYRD. Mr. President, at age 85, I NOT VOTING—1 Artesia, NM, will continue to play a need no hearing aid. I don’t think I will Kennedy key role in training Federal law en- ever need one, but sometimes it is pret- The PRESIDING OFFICER. On this forcement personnel who are on the ty difficult to hear, even for those who question, the yeas are 69, the nays are front lines in the effort to keep our can even hear better. 30. Three-fifths of the Senators duly country safe. These additional expenditures are chosen and sworn having voted in the The legislation also creates a new not provided for in the budget resolu- affirmative, the motion is agreed to Bureau of Border Security within the tion adopted in 2001 for fiscal years 2002 and the point of order falls. Department of Homeland Security, through 2011. Therefore, the amend- The majority leader. which will include the Customs Service ment is subject to a point of order Mr. DASCHLE. I ask unanimous con- and Border Patrol, as well as the other under section 302(f) of the Budget Act. sent the next two votes be 10-minute enforcement functions of the Immigra- I make a point of order that the votes. tion and Naturalization Service, INS. pending amendment violates section The PRESIDING OFFICER. Without While I would have preferred that the 302(f) of the Congressional Budget Act objection, it is so ordered. service and enforcement functions of of 1974. Mr. BINGAMAN. Mr. President, I rise the INS be kept under a single direc- The PRESIDING OFFICER. The Sen- today in support of the Thompson sub- torate, as proposed by Senator ator from Texas. stitute amendment to the Homeland LIEBERMAN, I am hopeful that the con- Mr. GRAMM. Mr. President, I yield Security bill. While I have concerns solidation of these border agencies myself 1 minute. We have debated this about the process by which this legisla- under a single bureau will enable us to issue for 8 weeks. The American people tion was put together and some of the address the efficiency and security spoke very clearly on this issue in the provisions contained in it, I believe problems that have been experienced at election. It is now time for us to speak. that passage of the Homeland Security ports-of-entry along the U.S.-Mexico This is the vote on homeland secu- bill is a necessary first step in the Gov- border in recent years. That said, if we rity and I urge my colleagues to vote ernment’s effort to secure our nation are ever going to ensure the security of aye. against future terrorist attacks. our borders, we must also take steps to I would like to thank Richard I want to speak first about the provi- improve the efficiency of the INS with Hertling, the distinguished staff mem- sions in the bill that will help my regard to its processing of legal immi- ber who has been the leader here. I State of New Mexico. First, I am grants. As the new Department takes thank Mike Solon of my staff, and I pleased that this legislation includes shape, it is my hope that the Secretary thank Rohit Kumar of the Republican many provisions that will ensure that of Homeland Security will make immi- leader’s staff. New Mexico’s national laboratories— gration reform a top priority. Mr. President, I move to waive the Sandia and Los Alamos continue to I would also like to talk briefly about budget point of order. I ask for the play a key role in the fight against ter- some of the concerns I have with this yeas and nays. rorism. To that end, the Thompson bill. First, I was deeply troubled with The PRESIDING OFFICER. Is there a amendment incorporates a number of the process by which the final legisla- sufficient second? science and technology provisions from tion was crafted. Senator LIEBERMAN There is a sufficient second. Senator LIEBERMAN’s Homeland Secu- worked for months in good faith to The question is on agreeing to the rity bill that I helped write. craft a Homeland Security bill that motion. The clerk will call the roll. In particular, I am pleased that the was well thought out and included sig- The legislative clerk called the roll. Thompson amendment allows the De- nificant input from both the majority

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.029 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11373 and minority in the Senate. His bill that would harm the national interest. The result was announced—yeas 73, even passed the Governmental Affairs They deserve better than this bill of- nays 26, as follows: Committee with bipartisan support. fers. There are no protections against [Rollcall Vote No. 247 Leg.] Unfortunately, when the bill came to unlawful discrimination, political fa- YEAS—73 the Senate floor, the Republican party voritism, and unjust decisions. There Allard Dorgan McCain and President Bush chose to politicize are no protections for whistleblowers. Allen Edwards McConnell the issue and block many good faith ef- There are no protections against man- Barkley Ensign Miller forts to pass the bill before the elec- agement that use the ‘‘flexibility’’ Baucus Enzi Murkowski tion. After the election, the President available in this bill to settle a per- Bayh Feinstein Nelson (FL) Bennett Fitzgerald Nelson (NE) and the Republican leadership, with sonal or professional grudge. There was Bingaman Frist Nickles virtually no other input, produced this instead a decision on the part of the Bond Graham Roberts Breaux Gramm 484-page bill, which is loaded with nu- administration to impose its ideolog- Rockefeller Brownback Grassley Santorum merous special interest provisions and ical solution to a problem that begged Bunning Gregg a bad deal for Federal workers. Fur- for discussion and compromise. What Burns Hagel Schumer ther, as we considered this bill on the we ended up with was a bill that estab- Campbell Hatch Sessions Cantwell Helms Shelby Senate floor, we were allowed only one lishes a system based on individual Carnahan Hutchinson Smith (NH) amendment. This process of last whims and not established law. Gov- Carper Hutchison Smith (OR) minute, backroom deals and limited ernment employees deserve better than Chafee Inhofe Snowe amendments is not the way the Senate this, and I believe in the end our capac- Cleland Kerry Specter Cochran Kohl Stevens should conduct its business. ity to serve the public will be dimin- Collins Kyl Thomas Second, as I mentioned, this bill is ished because we did not find a way to Craig Landrieu Thompson loaded with special interest provisions address this issue in a mutually satis- Crapo Lieberman Thurmond that were inserted at the eleventh hour factory manner. That said, I believe Dayton Lincoln Voinovich DeWine Lott Warner by the Republican leadership at the re- the need for the creation of a Home- Domenici Lugar quest of the White House. The one land Security Department outweighed amendment that was considered would the potential consequences of these NAYS—26 have stricken seven of the most egre- provisions in the bill. As the President Akaka Durbin Mikulski Biden Feingold Murray gious provisions. One such provision takes steps to establish the new De- Boxer Harkin Reed will grant new liability protections for partment, I will be watching his ac- Byrd Hollings Reid pharmaceutical companies that make tions with regard to Federal workers Clinton Inouye Sarbanes closely, and I hope that we will have Conrad Jeffords Stabenow mercury-based vaccine preservatives Corzine Johnson that may have caused autism in chil- the opportunity to address this matter Torricelli Daschle Leahy Wyden dren. Provisions such as this have further during the 108th Congress. Dodd Levin nothing to do with homeland security It may seem like we have finally NOT VOTING—1 reached the end of a long and difficult and have no business being in the Kennedy Homeland Security bill. That is why I debate on how best to ensure our home- was greatly disappointed that the Sen- land security, but passage of this bill The amendment (No. 4091) was agreed ate voted against the Daschle/ means that our efforts have just begun. to. Lieberman amendment to strike these It will take some time to get the Mr. HATCH. Mr. President, I move to seven extraneous provisions from the Homeland Security Department off the reconsider the vote. bill. ground. During the coming transition, Mr. LIEBERMAN. I move to lay that Finally, I want to emphasize that I I am committed to helping President motion on the table. remain concerned with the lack of pro- Bush make this new Department oper- The motion to lay on the table was visions that address protections for ational as soon as possible, and I will agreed to. civil service employees. I know that continue working to ensure that the CLOTURE MOTION support for these provisions has been new Department has the funds nec- The PRESIDING OFFICER. By unan- characterized over the last few weeks essary to carry out its mission effec- imous consent, pursuant to rule XXII, as support for the unions. I think that tively. Further, I will continue work- the Chair lays before the Senate the characterization is overly simplistic, ing to maintain New Mexico’s pre- pending cloture motion which the clerk however, and the issue far more com- eminent position in the fight against will report. plex. I believe that all employees— terrorism and to ensure that our na- The legislative clerk read as follows: whether they be in the public or the tional labs remain at the leading edge CLOTURE MOTION private sector—deserve to be protected of homeland security research and de- We, the undersigned Senators, in accord- against the arbitrary treatment this velopment. At the same time, I will be ance with the provisions of rule XXII of the so-called ‘‘flexible’’ management sys- monitoring closely the actions of the Standing Rules of the Senate, hereby move tem will allow. Over the decades we President and his administration as to bring to a close the debate on Calendar have established a set of reciprocal this legislation is implemented. We do No. 529, H.R. 5005, the Homeland Security principles and practices in Government not have to sacrifice our civil liberties legislation. to maintain homeland security, and I John Breaux, Ben Nelson of Nebraska, service that require both employers Larry E. Craig, Jon Kyl, Mike DeWine, and employees to treat each other with will be working to ensure that the new Department remains accountable to Don Nickles, Craig Thomas, Rick respect and integrity. Those principles Santorum, Trent Lott, Fred Thompson, and practices have worked well the American people. Phil Gramm, Pete Domenici, Richard The PRESIDING OFFICER. The through national crises of all kinds and G. Lugar, Olympia J. Snowe, Mitch question is on agreeing to the Thomp- a willingness has always been evident McConnell. son amendment No. 4902. The PRESIDING OFFICER. Under on the part of both employers and em- Mr. DASCHLE. I ask for the yeas and the previous order, there are 2 minutes ployees to sit down and work through nays. problems that have arisen. The PRESIDING OFFICER. Is there a of debate equally divided on the clo- The idea that we need to change that sufficient second? ture vote. system because it will break down in There is a sufficient second. Who yields time? this instance is, in my view, a red her- The clerk will call the roll. Do Senators yield back their time? ring. There is no evidence that this will The assistant legislative clerk called Mr. DASCHLE. Mr. President, I yield occur, and there are no examples when the roll. the remainder of our time. it has occurred. From where I sit, the Mr. REID. I announce that the Sen- Mr. THOMPSON. Mr. President, we brave men and women who work along ator from Massachusetts (Mr. yield back the remainder of our time. the border in the Border Patrol, U.S. KENNEDY) is necessarily absent. The PRESIDING OFFICER. By unan- Customs, and the Immigration and The PRESIDING OFFICER. Are there imous consent, the mandatory quorum Naturalization Service are patriots and any other Senators in the Chamber de- call under the rule is waived. The ques- are not inclined to take any action siring to vote? tion is, Is it the sense of the Senate

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.182 S19PT1 S11374 CONGRESSIONAL RECORD — SENATE November 19, 2002 that debate on H.R. 5005, an act to es- that the time be charged against the It is anticipated that another 1,300 tablish the Department of Homeland pending measure. wheat producers will call it quits this Security, and for other purposes, shall The PRESIDING OFFICER. Without year if disaster assistance is not pro- be brought to a close? The yeas and objection, it is so ordered. vided. nays are required under the rule. The DISASTER RELIEF Continuing, Mr. President, that same clerk will call the roll. Mr. BAUCUS. Mr. President, soon, I New York Times article—this is an The legislative clerk called the roll. am going to ask unanimous consent to eastern newspaper, not Montana: Mr. REID. I announce that the Sen- take up the emergency disaster relief Those people, small businesses and rural ator from Massachusetts (Mr. bill that the Senate passed earlier with communities have been devastated by an un- KENNEDY) necessarily absent. over 79 votes on September 10, 2002. predictable and uncontrollable national phe- The PRESIDING OFFICER (Mrs. The only difference between my con- nomenon. CLINTON). Are there any other Senators sent request today and that amend- On September 3, 2002, the Wall Street in the Chamber desiring to vote? ment is today’s bill reimburses the $752 Journal also printed an article: The yeas and nays resulted—yeas 83, million of section 32 funds that were The United States may be looking at the nays 16, as follows: used to pay for the livestock compensa- most expensive drought in its history inflict- ing economic damage far beyond the farm [Rollcall Vote No. 248 Leg.] tion program earlier this year. This all belt. YEAS—83 really stems from the agricultural dis- Producers every day hope, plead, ask Allard Domenici Lott aster our country has been facing for Allen Dorgan Lugar the last year and, frankly, in preceding that Congress help them a little bit. Barkley Edwards McCain years. I could go on at great length. I am Baucus Ensign McConnell In 1996, not too many years ago—that not going to go on at great length ex- Bayh Enzi Mikulski cept to say many times we have Bennett Feinstein is the year before the drought began in Miller brought up this measure. It passed the Biden Fitzgerald Murkowski Montana—our producers earned $847 Bingaman Frist Nelson (FL) million from wheat sales. In 2001, 4 Senate by a large margin both times, Bond Graham Nelson (NE) years later into the drought—we have and the other body has said no, basi- Breaux Gramm Nickles Brownback Grassley had a series of droughts in Montana— cally because the White House has said Roberts Bunning Gregg no. That is a fact. Nobody denies that Rockefeller producers made just $317 million from Burns Hagel Santorum wheat sales, a 62-percent decline. fact. I will ask again today; we still do Campbell Hatch Schumer have time today or tomorrow, however Cantwell Helms That 62-percent decline in sales is Carnahan Hollings Sessions through absolutely no fault of Montana long we are here, to help our farmers. Carper Hutchinson Shelby wheat producers. These farmers This is a disaster payment; it is an Chafee Hutchison Smith (NH) emergency disaster payment. This is Cleland Inhofe Smith (OR) haven’t been cooking the books. This is Clinton Inouye Snowe not an Enron matter or a WorldCom what America does. If we have hurri- Cochran Johnson Specter matter. They have not been taking ex- canes, we provide disaster assistance. If Collins Kerry Stevens orbitant bonuses at the expense of we have floods, we provide disaster as- Conrad Kohl Thomas sistance. We have other natural dis- Craig Kyl Thompson their shareholders. They have been Crapo Landrieu Thurmond farmers and ranchers working the soil aster phenomena in this country, and Daschle Leahy Voinovich and doing their very best, in many the Government provides assistance to Dayton Lieberman Warner help the people get back on their feet. DeWine Lincoln Wyden cases, just to survive. They are dedi- cated, honest, plain folks, raising live- That is all we are asking. NAYS—16 stock for our country and the world, If we pass this legislation today, the Akaka Feingold Reid raising agricultural and grain products other body can take it up and pass it, Boxer Harkin Sarbanes to try to make ends meet. They need and the President can sign it. It is that Byrd Jeffords Stabenow simple. Corzine Levin Torricelli our help. Dodd Murray The drought is no longer touching As we near the end of this session and Durbin Reed only isolated pockets of our country; it approach the holiday season, the very NOT VOTING—1 has become an epidemic that is affect- least we can do is provide disaster as- sistance to our farmers and ranchers, Kennedy ing a majority of our Nation. According to the U.S. Department of many of whom are either going out of The PRESIDING OFFICER. On this Agriculture, 49 percent of our Nation’s business or about to go out of business vote, the yeas are 83; the nays are 16. counties were declared an agricultural because of an agricultural disaster, in Three-fifths of the Senators duly cho- disaster in 2001; 78 percent of our coun- most cases, drought and in some parts sen and sworn having voted in the af- ties were declared a disaster in 2002; 38 of our country it is flooding. firmative, the motion is agreed to. percent of those counties were declared I see our distinguished majority lead- f a disaster in both 2001 and 2002. er on the floor. I am quite certain he wants to speak on this matter as well. RECESS So it is in many parts of the country. In fact, a map I displayed in this body It is a huge issue in many parts of our The PRESIDING OFFICER. Under earlier showed that the western half of country. It is very much hoped we can the previous order, the Senate will now the United States basically is experi- take disaster assistance up and pass it stand in recess until the hour of 2:15 encing drought conditions, and the at this time. I yield now to my col- p.m. eastern United States as well. Now, league from South Dakota. Thereupon, at 12:29 p.m., the Senate there are also pockets. In Montana, for The PRESIDING OFFICER. The ma- recessed until 2:15 p.m. and reassem- example, there are some counties jority leader. bled when called to order by the Pre- where farmers are devastated and other Mr. DASCHLE. Mr. President, I com- siding Officer (Mr. CORZINE). counties where they harvested a bit of mend the distinguished Senator from f a crop. Montana. He has been at this now for In any event, if you are a farmer who over a year. The very first conversa- HOMELAND SECURITY ACT OF tion I had about drought assistance 2002—Continued has lost his crop continuously and you are having a very difficult time mak- was with Senator BAUCUS over a year The PRESIDING OFFICER. The Sen- ing ends meet, I say you deserve our ago. I believe it was in connection with ator from Montana is recognized. help. the economic stimulus package of a Mr. BAUCUS. Mr. President, what is According to the New York Times, on year ago. It has been 278 days since the the pending business? May 3 of this year: Senate acted. So he has been at it for The PRESIDING OFFICER. We are over a year. We, as a Senate, have been In eastern Montana, more than a thousand postcloture on H.R. 5005. wheat farmers have called it quits rather at it now for 278 days. Mr. BAUCUS. Mr. President, I ask than try to coax another crop out of ground I must say, we can go all the way unanimous consent that I may soon that has received less rain in the last 12 back to a year ago when Senator make a unanimous consent request months than many deserts get in a year. BAUCUS made the case that if you want

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.033 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11375 economic stimulus in our part of the The message is: If you are a pharma- the Senate. Seventy-nine Members of country, there is no better economic ceutical company and you have that the Senate voted to do something. We stimulus than to provide some drought kind of political clout, you will be passed legislation for $5.9 billion. Let assistance. taken care of by the Congress. If you me tell you why we did that. I would use the word economic salva- are a company that has run away from This map shows what happened to a tion. This is more than stimulus in our this Nation to hide your tax obligation, major part of the country. A major part of the country. This is salvation. you get a special consideration stuck part of our country suffered a dev- This is the only way we can provide in the bill that came over from the astating drought. In my State, we had some salvation to ranchers and farmers House of Representatives which we just that extreme drought in the south- who otherwise will not be here a year voted on this morning. If you are a western corner. We also had extreme from now. We have done everything we farmer in Minnesota, however, Mon- moisture and therefore flooding in the know how to do. We have passed tana, or elsewhere and you have been northeastern corner. amendments. We have passed legisla- devastated by conditions beyond your Let me show a picture of two farmers tion in various forms. We have offered control, the Congress is going to turn in the same State. This farmer is the House an opportunity to negotiate its back on you, the administration is standing on his land that looks like a with us. We have suggested to the going to turn its back on you. moonscape. Put seeds in that ground White House: Act alone. It does not As the Senator pointed out, this Sen- and nothing grows. Is that a disaster? matter, use whatever vehicle you will, ate has not turned its back on farmers It is if you put all your hopes, dreams, but get it done. on disaster aid. The 2002 farm bill—and and capital into the ground. We had lit- How in the name of economic stim- I served with the Senator from Mon- erally a moonscape. No pasture, no ulus can we ignore a large part of our tana on the Senate Agriculture Com- crops in these areas. geographic population, a large part mittee—had agriculture disaster assist- In the same State, flooded land. geographically of our country? If these ance in that measure, but, again, the Drought and flooding. No crop. people are without this assistance, the House and the administration turned a Now, when family farmers suffer this rural communities associated with cold shoulder and had no funding what- circumstance, they cannot make it these people simply cannot survive. soever, and the conference report came from one year to the next. One of my I thank the Senator from Montana back after many days of negotiation colleagues said we really ought to for his leadership and for again coming with the House unyielding and the ad- name droughts. We do name hurri- to the floor to remind our colleagues of ministration unyielding in their posi- canes. If a hurricane came through to- the import of this question, of the ur- tion of not providing disaster assist- morrow and it took a portion of the gency that we get something done be- ance. country and flattened it, immediately fore we leave. This may be the last day. The farmers in my State of Min- airplanes would leave Washington, DC, We may not be in session after today. nesota have lost over three quarters of FEMA would be on the airplane, other If we do not do it today, we will not do a billion dollars in crop devastation in governmental offices would be on the it. What kind of a message does that the last 2 years—three-quarters of a plane, and they would be rushing there. send to rural America, to farmers and billion dollars in 2 years, and not $1 Why? Because Hurricane Andrew, ranchers who have been waiting now back from the Federal Government. Emma, or Hurricane Myrtle hit land. 278 days for the Congress to complete That is why people lose their faith and We would all understand this was a dis- its work? aster. All of the mechanisms of the We voted, as he said, overwhelm- trust in Government because we do the Federal Government racheting up to ingly—overwhelmingly, Republicans wrong things for the wrong people and try to deal with disasters would be on and Democrats. I would hope we were we do not do the right things for the right people. By ‘‘we,’’ I mean the col- the way to help. not doing that just for a political cover But this gripping, relentless drought because this is far more important lective bodies, because this Senator that occurred in our country, with than political cover. This is economic and the majority of the Senate have flooding in some other parts, is some- survival. This will provide the only sal- said again and again: We want to stand thing that happens over time. So there vation to the farmers and ranchers who with those farmers who are suffering are enough people in Congress—includ- are desperately looking to Washington the greatest losses, who are being ing the President of the United for help. Let’s do it right. Let’s provide wiped out. States—who decided we do not want to this assistance. Let’s agree with this Over half the crops in my region have do anything; we want to block this. We request. Let’s get this assistance to been wiped out over each of the last 2 passed disaster assistance by 79 votes them quickly. Let’s save them before it years. in the Senate. Bipartisan. The Speaker is too late. I hope we will do that this I say let’s stand with the farmers. I afternoon. stand proudly with the Senator from of the House and the President say, We I yield the floor. Montana. I thank him for his leader- do not want it, we will not do it. The PRESIDING OFFICER. The Sen- ship. Let’s make one last plea to this My colleague from Minnesota made ator from Montana. body and the House and the adminis- an appropriate point. What did they Mr. BAUCUS. Mr. President, there tration to do what is right and do what have time to do? As to the question of are many Senators who wish to speak is urgently needed on behalf of farmers whose side are you on, at least part of on this because it is so important. I in my State and elsewhere in this the answer this morning is we are on ask unanimous consent that I be able country. the side of corporations who want to to yield to other Senators without los- I thank the Chair, and I thank the renounce their citizenship and move ing my right to the floor. Senator from Montana for yielding to offshore to stop paying taxes to the The PRESIDING OFFICER. Without me. United States Government, or at least objection, it is so ordered. The PRESIDING OFFICER. The Sen- minimize those taxes. We would like to Mr. BAUCUS. Mr. President, I yield ator from Montana. become citizens of Bermuda, some cor- to my good friend from Minnesota. Mr. BAUCUS. Mr. President, I now porations say. So this morning the Mr. DAYTON. Mr. President, I thank yield as much time as he consumes to vote in the Senate was to say, at least the distinguished senior Senator from the Senator from North Dakota, an ar- by the majority, regrettably, we would Montana for his leadership on this dent fighter on behalf of agriculture, I like to help those companies. The Sen- matter. As the majority leader said, might add. ate already voted to say if you want to the Senator has been superb in his Mr. DORGAN. Mr. President, I thank renounce your American citizenship, leadership on this for now over a year the Senator from Montana for bringing you ought not be getting American and has been speaking out not only on this issue before the Senate again and contracts with the Federal Govern- behalf of Montana farmers but on be- again. ment. half of thousands of Minnesota farmers It is interesting what people consider In the homeland security bill they who have also been devastated over the a priority in this Congress. We have have stuck in a little piece that says last 2 years and have not seen $1 of dis- voted on this issue of drought relief let’s make it easier for corporations aster aid provided to our State. and disaster assistance for farmers in that renounce their citizenship to get

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.039 S19PT1 S11376 CONGRESSIONAL RECORD — SENATE November 19, 2002 these contracts. That was a priority. It Yet, I regret, in answer to the ques- been wiped out, not including what has was a priority, for those corporations tion, Whose side are you on, too many happened the last 2 years for our grape that renounce their citizenship, to help decided to block this. They blocked it growers, what has consistently been them out. We had the time and the will at the White House, blocked it at the the battle for our apple growers, what by some in Congress to help them out. speaker’s office in the other body. The we have seen from dry beans in Michi- It is interesting, exactly the same Senator from Montana has been on the gan, asparagus. people who do not want to lift a finger floor before—again and again and I could go on and on. We have had to help family farmers are saying we again. I am proud to have been here harmed numerous crops in Michigan. would like to help out these poor cor- with him to say this is a priority for We have seen consistent emergencies porations that renounce their citizen- us. This is not a giveaway. It is not come as a result of weather. ship. something that is not desperately This is not only an issue for our fam- Mr. BAUCUS. Will the Senator yield? needed. This is a responsibility as ily farmers but for the business com- Mr. DORGAN. I yield the floor. Americans to say to others in this munity as well. When we do not have Mr. BAUCUS. How many family country when they need help, here is a the cherries on the trees, our proc- farmers in North Dakota are able to helping hand. essors do not have any business. We are move offshore to Bermuda and not pay I am proud to have served in both the seeing processing plants that are cut- income taxes? How many would you House of Representatives and the Sen- ting back or closing. This is a ripple ef- guess could do this? ate. In every circumstance on every oc- fect throughout the economy in Michi- Mr. DORGAN. The answer is zero. casion where someone in this country gan. I am sure in other States, as well. But the answer would be zero if every has been injured, hurt, or disadvan- This is truly a disaster. As my col- farmer had the opportunity to do it. Do taged by fires and floods and earth- leagues have said, if this were a hurri- you know why? Because our farmers quakes and tornados and so many nat- cane, if this were a tornado, if this are Americans. They do not want to ural disasters, I am proud to say I have were another circumstance, we would move anywhere. They do not want to voted to provide disaster assistance to all be joined together to help commu- become citizens of Bermuda. They do them because I believe that is the best nities that find themselves in a dis- not want to avoid paying income taxes. of what we should do in this country. aster situation because of no fault of They would love to pay income taxes I will never, ever vote against that their own. This is no less a disaster. It for a change. They would like an oppor- kind of assistance to people who are is no less a situation out of the control tunity to have an income to pay in- down and out and need help. That is of our farmers and all of those involved come tax. why I would have expected this Con- in agriculture. There is no income with a moonscape gress and this President to join us, 79 I thank the Senator from Montana farm or when your crop is under water. Members of the Senate, Republicans again and stand, as I have throughout Our farmers would not move to Ber- and Democrats, to provide disaster this process, with the Senator. This is muda for tax purposes. help now when it is needed. our last opportunity to do this and to Mr. BAUCUS. And that means they I regret we may now, in the waning indicate to our family farmers, to agri- do not have to pay income tax. hours, leave this session with an objec- culture across this country, that we Mr. DORGAN. Yes. They consider tion to the unanimous consent request, understand what you are going that unpatriotic. after it has already passed the Senate through; that we support you and we The question is, why does Congress by 79 votes and after the House is will provide the same assistance we have time to help those corporations somewhere scattered across America— would for any other disaster and emer- that renounce their citizenship but it done with their business, they will gency that might occur. does not have time to pass a piece of have left this Congress and left undone I strongly hope we will be able to pre- legislation that deals with disaster? a significant piece of legislation that vail in getting some action today. The point the Senator from Min- should have been saying to America’s Mr. BAUCUS. I might ask a question nesota made is an important point. family farmers, beset by disaster, that of the Senator. Did the Senator by any They have the opportunity and the this country cares about you and this chance vote for disaster assistance to will, apparently, to help drug compa- country wants to help you in a time of aid other parts of the country, such as, nies but not family farmers. need. say, New York City? It was Tom Paxon a couple of decades Again, let me say thanks to the Sen- Ms. STABENOW. Absolutely. As our ago, when Congress gave some finan- ator from Montana for his effort today. leader has just indicated, we are con- cial assistance to Poland, who wrote a I fully support him. sistently coming together on a bipar- song that said, ‘‘I’m changing my name Mr. BAUCUS. I thank the Senator. I tisan basis to support important ef- to Poland.’’ notice my colleagues are coming over. forts. I was proud to stand with all my Well, the question is, What is impor- This is an important matter, and we colleagues in the time of need of New tant to the Congress? Do you have to have an opportunity and we owe it to York and New Jersey and all those who change your name to get some help? our people to get this legislation were affected after 9/11. We consist- My farmers are named Johnson, Olson, passed. ently have requests from FEMA that Christianson, Larson. And they are out I yield to my friend from Michigan, come forward, to which it is necessary there and they put everything they Senator STABENOW. that we respond, and we do that and we have in the ground in North Dakota. Ms. STABENOW. Mr. President, I step up together. Honestly, for the life They do it on a hope and a prayer that thank my friend from Montana who of me, I do not understand why, when somehow it will rain enough, not rain has been such a leader on this issue. We it comes to our farmers, we do not have too much, the insects will not come, have all joined on the floor time and the same bipartisan support nor the the disease will not come, and they time again to talk about the need for same support from the administration. raise a crop and take it out of the emergency assistance, for disaster as- It is deeply concerning. ground and take it to the elevator for sistance in our States. As a member of I very much hope as we come to the some money. That is a hope beyond the Senate Agriculture Committee, I end of the session that we could come hope with a natural disaster. stand with my colleagues to indicate together and stand up for those who We have a responsibility, if we care that Michigan has been under a dis- fight hard every day against the ele- about rural America, care about family aster from flooding, from drought, ments. They are in a tough job. They farmers and care about the special cul- from changing temperatures. We had cannot control whether it rains or ture they provide for this country and our cherry growers this past year find shines. Yet they are putting food on contribution they make to this coun- extraordinarily high temperatures in our tables, as well as around the world, try, we have a responsibility to help in April, only to see freezes just a few and providing for a very important tough times. That is what we ought to weeks later. This has stopped the abil- part of our economy. I hope we stand do, to extend a helping hand to say, we ity for practically any cherries to end up for them at this time. would like to help you during these up on the trees this year. It is incred- Mr. BAUCUS. Mr. President, I yield tough times. ible, the fact that they have essentially to the Senator from South Dakota.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.042 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11377 Mr. JOHNSON. Mr. President, I community. Those who are the least there. As the Senator said, it has been thank Senator BAUCUS of Montana; capitalized, the younger producers, are nonpartisan, it has just been America. Senators DORGAN and CONRAD of North the first to be forced off the land at a But for some reason, and I cannot Dakota; Senator STABENOW of Michi- time when we have a demographic fathom what the reason is, the White gan; my colleague, TOM DASCHLE of problem as it is in terms of keeping our House said no to this disaster; said no. South Dakota; and others who have young people and young leaders in our The other body, on the other side, said risen on the floor to talk about the ur- rural communities. It has an enormous no. The only possible reason I can gent need for disaster relief to the agri- impact. We will be feeling the effects think of, as the Senator has suggested, cultural sector of our economy. It for years and years to come. Even if we for some reason they think they can seems extraordinary to me that at a were to have this disaster relief, as get away from it because farmers and time when we have passed disaster re- Senator BAUCUS well knows, this would ranchers are kind of stoic. They are lief for earthquakes in California, hur- not make people whole. This would not good people. They do not raise the ricanes in Florida or New York or make it as though the disaster had not rafters. They don’t take to the streets. whatever—whenever there is a natural occurred. This would simply get people They are good, solid people. disaster that has occurred, our country by through the winter so they can I think the Senator from Minnesota has come together. Our colleague, BEN know whether they have to continue to made a good point earlier. He said, and NELSON of Nebraska, suggests perhaps disperse their herds or whether they frankly this is very poignant, it is iron- we ought to give names to these would continue to farm at all—they ic: When our beloved late departed col- droughts. If it was Drought Hugo or would have that knowledge. They league, Senator Wellstone, often said, Drought Andrew, perhaps there would would be in the hope next year things there are other people—there are law be a different perception at the White would turn better. firms, lobbyists, who can represent big House. As it is, we have had a 2001 and 2002 companies in Washington, DC. But he, I was profoundly disappointed this drought, 2 years back to back. On top Senator Wellstone, was there to rep- summer when President Bush traveled of that, we have unfair trade policy, resent the people who don’t have big all the way to Mount Rushmore, in concentration in the agricultural sec- lobbyists and well-heeled people. He, fact, to announce to the agricultural tor, and all kinds of conditions at work Senator Wellstone, is there to rep- sector that there would be no relief to lower the price that our producers resent the people. That is our job. It is other than what meager amount there get in too many cases and it simply the job of both sides of the aisle, to might be available in the farm bill. gangs up on our producers to the point represent the people. It is the job of That was never designed to address where income is falling off a radical both ends of Pennsylvania Avenue to natural disasters. We have always dealt level this year—down at least 23 per- represent the people. with disasters in the agricultural sec- cent this year; last year it wasn’t good. Now we have our nation’s farmers tor or any other sector of the economy What we are going to find is a depopu- and ranchers, down and out—there are on an individual basis. Some years we lation of this part of the country. not better, more decent, hard-working, have them, some we do not. There is no If we were seeking something unique wonderful, people in America than our slush fund in the farm bill designed to and special for the agricultural sector farmers and our ranchers. They don’t complain. They work really hard. They be utilized for a disaster relief. It is that no other sector gets, it would be do their very best. Yet the administra- simply not put together that way. one thing, but what we are looking for Yet we know we could do a full $6 bil- is equity, fairness. I ask my good tion and the other body is turning their lion level of drought relief and do it in friend, the Senator from Montana, who backs to them. It reminds me sometimes of New a fiscally responsible fashion because, has played such a lead role in helping York. The current occupant of the in fact, the farm bill, over the course of to raise this issue, is there any logic, is Chair from New Jersey certainly knows this next year, is going to be using less there any equity in singling out the ag- this phenomenon. Certainly, when an countercyclical payments, and those ricultural sector to be devoid of any administration or Congress says no to payments will not be required, and kind of disaster relief as opposed to something New York wants, the head- that will come to around a $6 billion any other sector that faces a natural lines are: Drop dead. The administra- savings. It is not a technical offset, we disaster in America? Why should agri- tion says drop dead. know that, but it is a fiscally respon- culture be the one sector that is told to Clearly this administration, the sible way we can go about doing this. drop dead when you have a natural dis- other party, to our farmers and ranch- But to single out agriculture for the aster in your region? ers has said: Drop dead. first time ever in this unprecedented Mr. BAUCUS. I thank my friend. The Senator made another excellent way strikes me as an extraordinarily Frankly, I was going to ask him rough- point; namely, the farm bill is not de- bad precedent. Republican and Demo- ly the same question; namely, what signed to take care of natural disas- cratic administrations alike in the past possible reason could the administra- ters. You must have a crop to partici- have supported disaster relief when dis- tion have, the other side of the body pate in the Farm Bill. There is no slush asters occur. It is not like we seek re- have, for saying no? What possible rea- fund, the Senator said, in the farm bill. lief every time we have a little short- son? Can you even think of a reason? The farm bill is irrelevant to this age of rain or a little problem of one The only one I can think of is, perhaps, phenomenon, this disaster, we are fac- kind or another. That is the nature of that it costs money. That cannot be a ing. For the life of me, I cannot under- agriculture. But what we have here is a reason when we spend so much money stand. Maybe drought is just a ‘‘silent devastating circumstance that has in so many areas where there is no dis- killer,’’ as some of our colleagues men- damaged agriculture in a significant aster, no emergency. This is black and tioned earlier. It is not on the front way in some 37 different States, at white. This is so easy. As the Senator pages. It is the silent killer in different least, across the country. Yet we have has so articulately said, in so many in- parts of the country. You do not see it an administration for the first time stances it is the American way to help coming slowly, but it just as pernicious ever saying we will help tornado vic- parts of the country that suffer natural and devastating, if not more so. tims, we will help hurricane victims, disasters, America is there. America Mr. JOHNSON. Mr. President, I will help earthquake victims, but if has a big heart. We are there. We are thank my colleague for his insight be- you are in the agricultural sector, for- Americans. We work together to help cause I think he is exactly right. While get about it. We are not going to be other Americans who suffer disasters. the damage is as great as with any there for you. That is a precedent that The Senator has mentioned earth- other disaster, it takes a matter of is of profound consequence to the agri- quakes. We know of the devastating days and weeks and months for this to cultural sector all across our country. earthquakes, say in California and we occur, as opposed to the headline-grab- In South Dakota, the State univer- were there. We know of the devastating bing earthquake or tornado or hurri- sity tells us the loss to the economy is hurricanes in Florida or on the eastern cane that may take a day or two and already in excess of $2 billion in our coast, and we have been there. We grab headlines. small State. Obviously this ripples up know of other floods and we have been I invite my colleagues from the and down every Main Street of every there. All of us together have been House who have refused to even hold

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.046 S19PT1 S11378 CONGRESSIONAL RECORD — SENATE November 19, 2002 hearings on this issue, much less have is going to go down 21 percent even the drought we have less production a vote of any kind on disaster relief, though prices are higher. Even though and higher prices and much less in gov- and I invite the administration to farm program payments will be lower, ernment payments made to farmers, it come to my part of the country to look farm income is going to plunge. It is works out to be very close to the at what has happened to those fields, going to plunge because of natural dis- amount of disaster assistance to farm- to those farms, and to those ranches. asters in every part of the country. Ob- ers and ranchers who suffer from a nat- The liquidation of herds has already viously, it is very acute in the Mid- ural disaster. taken place. The equity built up for west—especially Montana, North Da- I know it is a long shot. I am still generations has been lost over the kota, and Minnesota. going to make the request. We haven’t course of this last year. Again, we find I end by reminding colleagues of given up around here trying to help our a stone wall relative to disaster relief what Senator Wellstone, who so trag- people. for agriculture. ically died, said in his last days. He Mr. LOTT. Mr. President, reserving I applaud the leadership of my col- was fighting for disaster aid. He said: the right to object, I have no doubt league from Montana, and my col- ‘‘Politics delays aid for northwest Min- about the seriousness of the sponsors of league from South Dakota, Senator nesota farmers.’’ this effort. Also, I am sure the adminis- DASCHLE, and Senators DORGAN, Senator Wellstone may be prophetic tration and the Congress are going to CONRAD, NELSON, and others who have in what he said because he was afraid continue to look at this to find ways to done so much to highlight the equity that politics would kill the disaster as- be of assistance in every way that is and the common sense of this action. It sistance that is so desperately needed. possible and that is needed. is my hope that before we leave this In my State, literally hundreds, and There are a couple of serious prob- place, we can in fact see to it that our perhaps thousands, of farm families lems with this, though. First of all, we rural parts of America get the same will be forced off the land if we don’t do do not really know what the cost will kind of attention, the same kind of what we have always done in the past; be. We are being told it wouldn’t cost anything because it would come out of concern, and the same kind of compas- that is, provide disaster assistance—a the agriculture bill. I thought I heard sion that every other part of America disaster package that can be fully off- another Senator say you can’t take it and every other sector gets when they set and fully funded by savings out of out of the agriculture bill that we have unmitigated disasters facing the farm bill. Because of these natural passed because it is prohibited. I am them. disasters, and because we have had not sure exactly how that would work. I yield my time. drought and floods, production is less Second, this bill came straight to the Mr. BAUCUS. Mr. President, I have and prices are higher. That means pay- floor. It didn’t come through the com- the floor. Before I yield time to the ments are less from the farm bill. That mittee. I have a lot of faith, even Senator from North Dakota, I see the money could be used to pay for disaster though I disagree sometimes with the distinguished minority leader. I ask if assistance that is so desperately need- leadership on the Agriculture Com- he can wait for a short while so the ed. mittee. My colleague from Mississippi, Senator from North Dakota can give I plead with my colleagues. I plead Senator COCHRAN, is certainly sensitive his statement, if that is OK with the with them. Let us do now what we have to agricultural disasters. He will be the Senator from Mississippi. always done in the past. When any part chairman of the Agriculture Com- Mr. LOTT. Mr. President, I would be of the country suffered a disaster, we mittee next year. We will have a glad to withhold. I hope it doesn’t take helped. We should do no less now. chance to revisit this. But no com- too long. I thank the Chair. Mr. BAUCUS. I am giving him in a The PRESIDING OFFICER. The Sen- mittee considered it; it was just little nudge. ator from Montana. brought straight to the floor. For those reasons and others, and the The PRESIDING OFFICER. The Sen- Mr. BAUCUS. Mr. President, I ask fact that the House will not have an ator from North Dakota. unanimous consent that the Senate Mr. CONRAD. Mr. President, I thank proceed to the consideration of S. 3099, opportunity to fully consider it, or the Senator from Montana. I thank the the bill to provide emergency disaster even take it up at this late date, I Republican leader. I appreciate that. assistance to agricultural producers, would have to object. So I do object. The PRESIDING OFFICER. Objec- As you can imagine, this is deadly se- that the bill be read a third time and tion is heard. rious for the people I represent. This passed, that the motion to reconsider The Senator from Montana. picture says it all. This is what south- be laid upon the table, and that any Mr. BAUCUS. Mr. President, I am western North Dakota looks like. It statements thereon be printed in the gravely disappointed that there is ob- looks like a moonscape. Nothing grew RECORD. jection. this year. It is the most devastating Mr. President, before I ask the Chair Our farmers cannot wait, frankly, drought that many have faced since to put that question, let me just say until next year. It looks like they are the 1930s. Many would say it is an even that I plead with my good friend, the going to have to wait now. Those who more devastating drought than we had minority leader—soon to become the are still farming, those who are still in the 1930s because absolutely nothing majority leader—from Mississippi. I raising livestock are going to have to grew this year. It is a devastation. know he is about to object. But I urge somehow dig deeper, if you pardon the One of the newspapers in our State him to not object at this point. pun, to make a living, scratching off published this headline: ‘‘Disaster Aid Maybe there is a way to work some- the land. Just Common Sense.’’ This is my thing out here. I say that because this I am baffled. I am totally baffled. hometown newspaper. They said: Look, is not a political gesture. As the Sen- This case is so clear. With all due re- this is a circumstance that demands a ator well knows, Mississippi farmers spect to my colleague from Mississippi, response. Always before, we have given are hurt for various reasons. As a final he made two inconsistent points. I disaster assistance to every other part good-faith, bipartisan way to work heard no real reason, just an objection, of the country in every other cir- something out with the White House, if as is any Senator’s right under the cumstance, but not here. he can possibly figure it out—I don’t rules of the Senate. The President of the United States want to put the Senator on the spot. But, nevertheless, we have spoken. says take the aid out of the farm bill. Believe me. I don’t. I am only putting And I will fight this in January; that There is no disaster aid in the farm it this way because this could be the is, we will figure out some way to help bill. That was specifically precluded. last day we are in session, and we still our farmers and ranchers who are suf- But the farm bill can provide the fund- have an opportunity here. I wonder if fering from these disasters, just as ing because the savings from the farm the Senator might not object. As the other people around the country get bill will directly provide the amount of Senator from North Dakota pointed aid when they experience disasters. money necessary for disaster assist- out very well, there really is no cost to With that, Mr. President, I yield the ance. this because the farm bill costs will be floor. Here is the circumstance we face, ac- about this amount less because of the The PRESIDING OFFICER (Mr. cording to the USDA. Net farm income way the farm bill works; namely, with EDWARDS). The Senator from Nebraska.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.049 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11379 Mr. NELSON of Nebraska. Mr. Presi- They cannot be simply provided for of the owners of that farm. They can dent, I thank you for this opportunity within the current budget or in a fu- only go back 70 years. But they know to speak today regarding the impor- ture budget. there has never been a year until this tance of disaster relief yet this year. On disaster relief, the Congressional year where they have not had a crop. Now, in just the last few minutes it Budget Office has said Government A family farmer in my hometown of became fairly clear this is now going to spending is down, almost enough to McCook, NE, Dale Dueland, whom I have to carry over. And I respectfully pay for this disaster relief, because of have known since the days he crawled disagree with the Republican leader this year’s high commodity prices. across his family’s floor—he is not that this should be carried over. I do Why cannot we see our way clear, in going to like me saying that, but I re- understand the rules and will have to some manner, before the end of the member when he was that little boy in abide by them, but I think it is impor- year, or right after the beginning of that farmhouse, and today he is a man tant to point out that while the legis- the new year, to put disaster relief on with children, and with a successful lation may wait, the people who need the continuing resolution or be the farming operation, except for the these funds for their very survival are first order of business in the next Con- drought. It is not simply because of not going to be able to wait. They are gress? prices but because it does not matter going to sell off their land. Many are If some believe this drought is really what the price is if you do not have a selling their herds right now. They will not as damaging as other natural disas- crop. not wait because they can’t wait. We ters, I invite them to come to Nebraska He does not have a crop. He said he will have to wait for this legislation and visit with our farmers and our would have a zero yield on his 900 acres and do the best we can. ranchers and take a look at the land- of dryland corn. It would not matter if But I would like to quickly thank scape and begin to understand that if corn went to $5; if you don’t have any- Senator BAUCUS and certainly Senator our farmers and ranchers are unable to thing to sell because of a disaster of DASCHLE for their tireless efforts to make it financially, the lenders will re- this kind, you are not going to be able provide drought assistance. And I cer- quire them to sell their land, to sell to make it. His poor crop performance tainly associate myself with the com- their herds, to go into bankruptcy. is not the result of poor planning or ments made by Senator CONRAD from This damaging drought is not only a poor farming or nondrought-related North Dakota, who I think very elo- problem for farmers and ranchers, but weather. This is the result of a natural quently laid out the numbers and what it devastates main street Nebraska, disaster that has been going on in some the implications are relative to the main street North Dakota, the main cases for over 2 years. need for this disaster relief in his street in any community that depends For much of my State, this is, in State. primarily for its existence on success- fact, a no-yield year or, at best, a low- Nebraska isn’t much different. Much ful agriculture. If you talk to the mer- yield year. of our land looks like a moonscape be- chants in these small communities, Al Davis from Hyannis, NE, told me cause the pastures have had inadequate they will tell you what is happening to that ‘‘each day places another nail in precipitation for a number of months their business. They are going under. the coffin of many individual ranchers and, in many cases, years, and they do They are not making it. They are wor- in Nebraska and on the Great Plains. not come back quickly. Without water, ried about not only next year but mak- Many ranchers have already thrown in without snow, without the precipita- ing it this year. Because if you don’t the towel and are liquidating portions tion required, the grass simply will not have money coming from agriculture, of their herds,’’ which will have an im- grow. these communities are going to wither, pact not only today but tomorrow, the This body has twice passed drought and they are not going to be able to next year, and the next year, because assistance—twice. We first passed it as make it. rebuilding herds is not a singular event drought relief. Then we passed it as So I only suggest, half in jest, that that occurs in a short timeframe. It part of the Interior appropriations we begin to label droughts, because if takes years to build a herd. It takes process. We tried to include it in the this was ‘‘Drought Andrew’’ or only days to liquidate a herd. farm bill. ‘‘Drought Margaret,’’ it would have Annette Dubas, who owns a ranch Yet as we come to the conclusion of some identity that could attract emer- and farm in western Nance County in this 107th Congress, the House has gency aid for a disaster. We make a Nebraska, told me that after the third failed to act. We must try one more mistake in not having these droughts year in a row of drought conditions, time to get the point across so that, as named after an individual, as we do some farmers in her area have already the year turns from 2002 to 2003, there with hurricanes, because then these been forced out while others have been will still be a recollection that just be- natural disasters, these natural events, working two jobs just to be able to cause the year has changed, the condi- that occur over a continuing period of keep their farm going. That is neither tions have not changed; they continue, time might have a substance that a happy situation nor is that a good unfortunately. could attract the attention of those thought about what the future is going We are here not to make a point, al- who are today saying: Well, let’s put it to hold. They are going to have to be though a point must, in fact, be made, off until next year. able to sell or they are going to have to but to get the necessary drought as- I can assure you, if we had another be able to have a crop or they are sim- sistance for our farmers and ranchers type of disaster today, it is very un- ply going to go out of business. in those areas of our country that are likely it would be put over until next These are not big time corporate experiencing a continuing drought, a year. If we had had a hurricane last farms. Nebraska law bans corporate multiyear drought, that is devastating month or the month before, I can abso- farming. These are family farmers who to their economic well-being today and lutely assure you, it would not have are being driven out of business for the threatens to be even more devastating been put over until next year. first time in generations. These farms in the days ahead. I don’t think it can be any more clear have been in their families for many Some are worried, apparently, about to me that America’s farmers and generations; in some cases, 100 years or the cost. I, too, as a fiscal conserv- ranchers need this effort in our Senate more. Farmers and ranchers have not ative, am worried about the cost. But I to go forward. We need the House to only been let down by Mother Nature, must ask, what would we do if it was a pass disaster relief. I have seen so they have been let down by those in different kind of natural disaster, let’s much of the damage firsthand. I have the Senate and House who have say a hurricane or a flood or an earth- been across the State. I see the reports. blocked efforts to provide disaster re- quake, some other kind of disaster? This summer I was on a dryland farm lief despite its severity and despite It is not that the people in this body that has had crops—some good, some CBO’s savings indications. are not worried about the cost; it is bad—for 70 years. During the Dust We can’t keep denying relief to those that when we have emergencies, we re- Bowl years that farm produced a crop. in need. Maybe the procedure is that it spond to those emergencies without This year there is no crop—for the first be put over for another couple months. looking for offsets because we recog- time in 70 years, and perhaps long be- But it must be one of the first things, nize emergencies are special situations. fore that, certainly in the recollection if not the first thing, that this Senate

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.052 S19PT1 S11380 CONGRESSIONAL RECORD — SENATE November 19, 2002 and the House take up after the begin- munity of Brimley, MI. The agreement and the voters of that community, ning of the year in the new Congress. settles the tribe’s longstanding claim after thoughtful discussion and debate, We cannot allow the House to remain to over 110 acres of land that was once voted by a 55 to 45 percent margin to idle on the issue. We need the White deeded to the Governor of the State to show their support for potential gam- House to support this bill, and we can- hold in trust for the ancestral bands of ing activities in their community. not allow objections from those few the Bay Mills Indian community. This was done, as in any community, who don’t understand that this drought This land, now called Charlotte with thoughtfulness about what the al- is no different than a flood or a hurri- Beach, MI, was later sold for unpaid ternatives are. I know they are very cane or an earthquake to stop us from taxes and without the knowledge of the frustrated at the fact that they can providing relief. We must, in fact, rec- bands or consent of the State. In agree- look at job loss, economic loss right ognize the savings from the farm bill ing to extinguish the historical land across the river from them. are there. And if need be, we need to claim in the area, the Bay Mills Indian Should my legislation pass this Con- get it as part of this drought assist- community will be granted alternative gress, Port Huron could be the last ance. lands in the State as outlined in the U.S.-Canadian border crossing in my I thank the Chair and yield the floor. settlement agreement. These alter- State to have gaming, which would The PRESIDING OFFICER. The Sen- native lands are located in Port Huron, provide some desperately needed eco- ator from Nevada. MI, and would become part of the res- nomic development and job creation Mr. REID. Mr. President, I want to ervation of the Bay Mills Indian com- for a community where the unemploy- say, before the Senator from Nebraska munity. ment rate exceeds both the State and leaves the floor, that the statement Furthermore, the legislation directs the national unemployment rate. made by the Senator from Nebraska, the Secretary of the Interior to take Unemployment in Port Huron is former Governor, should be a primer these alternative lands into trust as nearly 12 percent and the community for someone trying to lay out a case. land obtained in a settlement of a land desperately needs new economic devel- He laid out a case as well as I have ever claim under the Indian Gaming Regu- opment and jobs. They have a plan heard. He talked about the State itself, latory Act. The Senate Committee on now. Community leaders have come to- about individual people. It is compel- Indian Affairs held a hearing on S. 2986 gether and developed a plan that will ling. on October 10 of this year. I am very work for them. It will create jobs in Nevada, of course, does not have appreciative of Chairman INOUYE’s the building and construction industry, large agricultural interests. We have willingness to hold the hearing, par- and it will create long-term jobs in the some agricultural interests. But the ticularly that week, in light of the fact service industry as it relates to this Senator from Nebraska has done as that the Iraq resolution was being de- project. They are urgently asking us to good a job as I have ever heard in pre- bated at that time on the floor. It was pass this legislation. They are ready to senting a case. a very serious week with much hap- go to work and get it done. They ask I hope the people of Nebraska know pening. I am grateful for his willing- that we pass this now in the final day what an advocate they have in the Sen- ness to hold the hearing and to work of the session. It is very important to ator from Nebraska. When students with me on this issue as we have moved them that this be passed this year and study how to lay out a case, whether it through the process. not next year. is for farm aid or whether it is for any- The hearing afforded me and House Mr. President, I ask unanimous con- thing else, reviewing the statement of colleagues in attendance and my con- sent that the Committee on Indian Af- the Senator from Nebraska makes the stituents a forum to explain the merits fairs be discharged from further consid- case in point. and the need for the legislation. I ap- eration of S. 2986 and the Senate pro- Mr. NELSON of Nebraska. Mr. Presi- preciate the fact my House colleagues, ceed to the immediate consideration of dent, I thank my friend from Nevada. Congressman BART STUPAK and Con- the bill; that the bill be read the third The challenge we have in Nebraska is gressman DAVE BONIOR, were in attend- time, passed; and that the motion to laid out by the fact that this is about ance. They testified in support of S. reconsider be laid upon the table, with- the present but also the future. The fu- 2986 as it directly affects their current out any intervening action or debate. ture will be dim if we are not able to congressional districts. Mr. REID. Mr. President, reserving take care of the problems that have de- Before the committee, Congressman the right to object, first, let me say to veloped in the past and continue today. STUPAK discussed his past efforts to my dear friend, the junior Senator It is about young people, the future of remedy this land claim for the Char- from Michigan, I don’t oppose Indian the State, and the future food needs for lotte Beach landowners in his district. gaming. I am responsible for writing the people of this country. Everybody He has worked on the issue for the last the Indian Gaming Act. It was done will be continually adversely affected 8 years. He has been trying to resolve many years ago. I am still a member of if we don’t remedy this situation as it. He believes that S. 2986 will grant the Indian Affairs Committee. I soon as possible. If it can’t be before the clear property title to the land- haven’t liked the way the law has gone January 7 of this coming year, it would owners in Charlotte Beach, MI who with the Indian Gaming Act, but I fol- still be early enough. have inadvertently been involved in an low what the courts have decreed. The PRESIDING OFFICER. The Sen- issue greater than themselves. I think there have been some very ator from Michigan. The settlement of this land claim good things happening in the country BAY MILLS INDIAN COMMUNITY LAND CLAIM will also greatly benefit a community in Indian gaming. They have been SETTLEMENT ACT in Michigan. Port Huron, MI is a com- taken advantage of on a number of oc- Ms. STABENOW. Mr. President, I munity that is in great need of new casions, but that is the way it is in a rise today to discuss another bill, a economic development and jobs. The lot of different businesses. I don’t op- very important bill to communities in citizens of Port Huron can look di- pose Indian gaming, I repeat. While I Michigan, a bill I introduced earlier rectly across the waters at a casino in had some concerns initially, they basi- this year, S. 2986, the Bay Mills Indian Canada—right across the bridge. There cally have been met, and I have had Community Land Claim Settlement is a large bridge that goes from Port some very good relations with Indian Act. I also, on a personal note, thank Huron to Sarnia. They watch every day gaming operators and operations Patty Bouch of my staff for her excel- as people drive across that bridge, citi- across the country. lent work on this issue. She has been zens of Michigan and the United States I oppose this legislation that my diligently focused for a number of taking their dollars to Canada where friend from Michigan has asked be months now in working with all those there are more jobs now as a result of passed by voice vote today. I oppose it interested in this issue. that establishment. for a number of reasons, not the least S. 2986 provides for congressional ap- On the other side we have a commu- of which is that the legislation would proval of a land claim settlement nity desperately in need of jobs. This undermine the gaming compacts that agreement reached earlier this year by community has wrestled with eco- were approved by the Michigan State the State of Michigan, Governor nomic development and what to do. In Legislature after years of careful and Engler, and the Bay Mills Indian com- June of 2001, they had a referendum deliberate negotiations.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.055 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11381 Senator STABENOW’s bill would cir- health care legislation, the Health Care allocate those resources and to focus cumvent the terms negotiated in all 11 that Works for All Americans Act. I on some of the ethical and moral ques- tribal-State compacts, including the come to the floor today because I think tions that are inherent in rising costs. compact to which Bay Mills is a party, many Senators are frustrated about The tough moral and ethical consider- which prohibits off-reservation gaming the inability to make more progress on ations that will be necessary to con- in the absence of a revenuesharing the health care issue in this session of tain them are stark realities, but they agreement involving all of Michigan’s the Senate. I want to take a few min- have to be faced if this country’s Federally recognized tribes. utes and talk about what I think the health care system is going to work for Additionally, in recent gaming com- key principles are for this country to all. pacts, the tribes involved all agreed to make headway with respect to health My colleague from Utah, Senator limit themselves to one gaming site for care. HATCH, and I have proposed in our leg- each tribe; yet this legislation would The three principles that I believe islation, the Health Care that Works allow Bay Mills, which already has two are central on this health care issue for All Americans Act, a specific plan gaming facilities, to open still another are, first and foremost, to make sure so that citizens can face those realities facility hundreds of miles from its res- the public is involved from the ground and fashion a better health care sys- ervation and in direct competition floor. Again and again, what we have tem. with the tribes in the lower peninsula. seen is health care legislation proposed Under our proposal, the American Secondly, allowing a tribe to settle a that is attacked by special interest people will have a chance—a chance land claim and receive trust land hun- groups, and then it goes nowhere. The they have not had in 57 years since dreds of miles from their reservation public gets understandably confused health care reform was tackled by for the express purpose of establishing about the discussion, and the bill dies. Harry Truman in the 81st Congress— a gaming facility sets a very dangerous Under the Wyden-Hatch legislation, the American people will have a precedent. the public would get the first crack at chance, before the special interest This pursuit of off-reservation gam- looking at the key issues, which are: groups have at it, to talk about the ing operations should continue to fol- What are the essential services that kind of health care system they believe low the procedures outlined in the In- people feel strongly about? How much makes sense for them. Our legislation has two major compo- dian Gaming Regulatory Act, Public would they cost? And who would pay nents: A public participation process at Law 100–497, which authorizes tribal for them? gaming operations on off-reservation The second feature of our legislation the outset over a relatively short pe- ‘‘after-acquired lands’’ where the land is that it establishes a process to en- riod of time, and a guaranteed vote in to be acquired has no relationship to sure that Congress actually votes for both Houses of the Congress on the people’s recommendations. the land upon which the claim was meaningful and comprehensive health When it comes to health care costs, based. reform. The last time Congress took a Let me say that the first gaming there is a lot for the public to examine. crack at this, almost a decade ago, We are now spending 15 percent of our compact ever approved with an Indian there were not even votes in Congress tribe in the history of the country was gross domestic product on health care. on the legislation. The last time it was looked at, the done in Nevada. So it is not as if Ne- The third principle we ought to zero country spent more than $1.4 trillion vada is here opposing this request. The in on with respect to health care for on medical care, a 10-percent increase first compact ever approved in the the future is that it has to be bipar- country was in Nevada. That is still an from the previous year. tisan. The Wyden-Hatch legislation is If you divide $1.4 trillion by the num- ongoing operation and a very success- literally the first bipartisan effort in ber of people in this country, it comes ful one. comprehensive health reform in a dec- to almost $5,000 for every man, woman, The proposed casino would be located ade. just north of Detroit on a major link to and child. Tens of millions of our citi- I come to the Chamber today to say zens, in addition, slip through the Ontario that is in the lower corner of those three principles—involving the the lower peninsula. Bay Mills is lo- cracks every day, even as our Nation public at the outset, ensuring there pours more and more money into cated in the upper peninsula. The legis- will be an actual vote by the Congress health care. lation is fundamentally flawed because on comprehensive legislation, and that We are going to have to take a look it allows Bay Mills to establish gaming the bill be bipartisan—ought to be the at where the money is going. A study facilities under the guise of settling a core of the Senate’s effort to reform that has now been published on the land claim. the health care system. Web site of the journal Health Affairs The land claim is simply—and every- Today I wish to take a couple of min- attributes spending increases primarily body knows this—an excuse to take utes to talk about a central part of our to higher hospital costs and prescrip- land into trust for off-reservation gam- legislation, and that is what to do tion drugs. Hospitals are raising prices ing. about rising health care costs in Amer- to make up for declining insurance, I object. ica. The PRESIDING OFFICER. Objec- Medicaid and Medicare reimbursement, Rising costs in American health care and the money they lose treating pa- tion is heard. are a runaway train, and the American Mr. REID. Mr. President, I suggest tients with no insurance at all. More- people have literally been tied to the the absence of a quorum. over, a backlash against the tight hos- track. Again and again, small busi- The PRESIDING OFFICER. The pitalization controls of managed care nesses come up to us and say they have clerk will call the roll. has clearly contributed to rising costs. The senior assistant bill clerk pro- been subjected to 15-, 20-, 25-percent There are a host of relentless forces ceeded to call the roll. rate hikes year after year. This is all converging on American health care. Mr. WYDEN. Mr. President, I ask before the demographic tsunami comes Technological innovations seem to be unanimous consent that the order for in 2010 and 2011 when we will have mil- coming at us from every area, and each the quorum call be rescinded. lions of baby boomers, and right now miracle cure comes with a high cost. The PRESIDING OFFICER. Without millions of working families, some More and more health information is objection, it is so ordered. with insurance, some without, that available through the Internet through Mr. WYDEN. Mr. President, I ask cannot afford doctor visits and disease sites such as WebMD and health.gov. It unanimous consent that I be permitted treatments and the drugs they need. So shows up on the ticker on all the 24- to speak for up to 15 minutes and that certainly at the center of any effort to hour news channels, and each new dis- the time be charged postcloture. reform health care has to be putting covery drives up the demand for care. The PRESIDING OFFICER. Without the brakes on those rising costs that If CNN runs a story on a medical objection, it is so ordered. are literally a runaway train in our so- breakthrough at 9:30 in the morning, it HEALTH CARE THAT WORKS FOR ALL AMERICANS ciety. seems that an hour or so later we will ACT There are going to be tough choices. be getting calls at our offices asking if Mr. WYDEN. Mr. President, recently If resources are limited, we have to Medicare or Medicaid or various insur- I introduced with Senator HATCH make some tough calls about how to ance plans will pick up that coverage.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.057 S19PT1 S11382 CONGRESSIONAL RECORD — SENATE November 19, 2002 We have an extraordinary appetite country with a feeling of helplessness in effect, giving services to those who for health care, for new treatments, and a sense that when they go to bed at lack it. But when the cutbacks get se- but sometimes when we order these, we night they can see that train, that run- vere, when the reimbursements con- are not sure we are getting what is away train of health care costs I have tinue to go down as we have seen in so medically effective. We are not sure we mentioned bearing down on them. many facilities, those providers, those are getting services that are worth the The legislation Senator HATCH and I health care facilities that have a great money. And most importantly, there is have proposed gives Americans the sense of community and caring, just no way to measure it. power to put the brakes on rising costs. cannot offer the services anymore. In- This is all compounded by the baby It offers regular citizens the oppor- stead of or even in addition to cutting boomer explosion. Already, elderly peo- tunity to make tough choices about provider payments, some insurers and ple make up 15 percent of the popu- spiraling medical bills. We will be ad- public health programs are cutting lation and spend 40 percent of our dressing, if our bill can pass, the tough back on what services they will cover, health care dollars. Folks are not just questions of health care directly re- reducing the availability of some serv- getting older, they are living longer. lated to our families: The question of ices. Unfortunately, services are often Those additional lives and the care what kind of care do people believe is cut with no regard to their overall ef- that is necessary is going to require most essential; how much are people fectiveness—only for their cost. more funding. Life expectancy has willing to pay; how do you contain the Many types of health care programs risen more in the last 50 years than it costs without sacrificing quality of are asking patients to pay more at the did in the preceding 5,000. In the last care; what about the government or time of service—higher copayments. months of their longer lives, Ameri- private business being required to pay Higher copayments are also becoming a cans are spending more money than part of the cost. regular feature at the pharmacy, as ever on health care. But money does My bottom line is pretty simple. It is prescription drugs are one of the big- not always give the best results for a time, finally, after 57 years of trying gest reasons behind rising costs. Op- suffering individual. the same thing—writing bills in Wash- tions include those higher copays, re- As a direct result of health spending ington, DC, only to have them at- quiring more prior authorization for increases in 2001, the Health Affair tacked by special interests—it is time prescriptions, requiring or covering Study that I noted said health insur- to try something different, and that is only generics, or even limiting the ance costs have risen sharply, but at to give the people of this country a number of covered prescriptions per the same time coverage is getting chance to make the judgment on calls month. harder and harder for many to get. The with respect to what kind of health I want to pause to note a couple of costs have gone up two ways. The first services they want, how much those issues here—first, that prescription is with simple premium increases. In- services are going to cost, and who is drugs are on the table in the Wyden- surance companies are asking pur- going to pay. The alternative is to con- Hatch legislation, just as long-term chasers to pay more for the policies. tinue to spend more and more on a sys- care and Medicare and Medicaid and The second way is through something tem that, while scientifically pro- private insurance are. Senator HATCH called buydown. Employers who sub- digious, is flawed in many of the ad- and I are placing no limits on what the sidize insurance reduce available bene- ministrative ways in which it is carried American people can discuss and decide fits and ask employees to pay a higher out. to change. And second, efforts to cut share of the subsidized premium. Em- At a time when America is becoming rising drug costs are perfect example of ployees often get lower wages, even as a nation of health care haves and have- the range of choices that folks will face they pay more for health insurance, nots, this country can do better. We in this national discussion. Some of the with no guarantee their insurance will have many of our providers and busi- choices for cutting costs seem good and meet their needs. When you combine nesses already making tough choices as that significant hike in premiums—12 fair. Some seem punitive and unfair. they try to deal with growing costs. I percent has been one assessment by the Senator HATCH and I just believe that know scores of small businesses in Or- Kaiser Foundation—with a 3-percent Americans have enough sense to tell egon and across this country who are increase in the number of cases of the the difference. dying to offer their people good cov- People participating in the health buydown, the total cost of insurance erage, and they have had difficulty of- care discussion prescribed in our bill has risen about 15 percent this year. Nationally, businesses are still pay- fering it without effective policies to will take a look at some of the tough- ing three-quarters or more of employ- contain those rising costs. est cost-cutters being employed today. ATCH and I believe with a ees’ premium costs, but it is harder and Senator H In the case of private insurance, com- harder for companies and individuals different approach it will be possible to panies refuse to cover pre-existing con- to absorb those cost increases year reign in the costs, but it all has to ditions. They deny policies to people after year. Fully 60 percent of those begin—and begin in a fashion that has whose care is likely to be expensive. In who have no insurance work for small not been tried for 57 years—with the the case of public insurance, States businesses. For the self-employed or for American people being given the oppor- make last-ditch efforts to cut costs by those who have to buy their own insur- tunity to make some of the tough limiting the number of people to whom ance, premium increases at this point calls. The fact is, the options in the coverage is available. have priced many plans out of reach. cost containment area do involve hard All across America today, mothers If someone is listening today and calls. The Kaiser Commission, for ex- will tell their children that you don’t saying, ‘‘The health care system works ample, on the uninsured, on Medicaid, always get everything you want in this fine for me,’’ let’s also reflect on the recently laid out a number of cost con- life. That’s the stark reality people are fact that while it may work for you, it tainment measures currently employed going to have to face when it comes to is not working for tens of millions of by our public health programs. They reforming the health care system. The others. The fact is, every single day in range from some that I think are pro- key will be to find solutions that do America those who have no coverage, gressive to some that I think would the best job of splitting the difference, those who are going without, in effect, make the problems that we have today cutting costs and providing essential, get subsidized by those who do have in health care even more serious. effective health care services. coverage. According to Kaiser, the main way Cost containment is not enough. Our If an individual listens today and public health programs are cutting health care dollars must buy quality says, ‘‘I am in pretty good shape; costs is by cutting payments to pro- care, that not only treats disease but things are going well for me,’’ I only viders. Private insurers then follow also prevents it whenever possible. point out for the millions who do not suit, paying less to providers for each That’s the best cost containment. Fail- have coverage right now, those people patient seen and for each procedure ing that, care that manages diseases to are subsidized by those who think ev- performed or for each bed the hospital slow or prevent their progression may erything is fine. provides. Then, in effect, the Robin be the next best thing. Disease man- The fact is, it is just not right to Hood approach kicks in in a dramatic agement is a growing component of leave millions of Americans in this way with those who do get payments, health care today. Instead of allowing

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.059 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11383 months to go by between doctor visits, A better way to make decisions is to all agree the public has stake, and patients with chronic illnesses meet or look at what we are and are not able to health care should be one of them. For speak regularly with nurses or other do on a societal level, instead of decid- example, no one I know thinks of our health care providers to monitor their ing what we are and are not able to do country as a place where it’s okay for specific condition. Doctors have con- for a give patient at a given time. If babies to go untreated because Mom cerns about their patients being treat- that sounds tough, it is. But Mr. Presi- and Dad are in financial straits. ed or advised by others, and all the dent, I’m here to urge that America Postponing care sometimes places kinks aren’t worked out of this system tackle these issues head on and turn more strain on the health care system. yet. But the result, in many cases, is a them to the advantage of as many peo- If a baby doesn’t get treated at the be- reduction in the number of expensive ple as possible. That’s far better plan ginning of an ear infection, he may complications and hospital stays. then letting back-door decisions suck have to be treated as it goes further I want to see Americans educated away more funds and resources and along, probably in the emergency room about disease management, preventive deny people decent care. at a much higher cost than if he’d had care, and every other option available It’s time to look at questions on a a pediatrician to see in the first place. for reforming health care. That’s why broader scale. Is $315,000 of public If he’s not treated, and ends up with the Wyden-Hatch Act calls for the pub- money better spent on one liver trans- hearing damage, the costs will sky- lication of a Citizens’ Guide to the plant and follow-up care for a 70-year rocket not only in the health care sys- Health Care System. A panel that’s a old man with cirrhosis, or on 3,00 pre- tem, but also in the educational sys- cross-section of Americans using and ventive well-baby visits costing about tem to meet his special needs. running the health care system today $100 each? Does a woman with known More than a decade ago, the people in will produce it. It will be designed so risk factors for breast cancer have a my home State of Oregon realized the folks can be fully informed when the right to a mammogram every year interconnectedness of everyone in the public participation portion of the even if I have to help pay for it? health care system. Folks realized that process begins. Because these choices are so tough, a no amount of money would ever be To me, some of these cost contain- variety of think tanks and great minds enough to pay for all the health care ment methods seem fairer than others; have tackled these issues, including Oregonians wanted, and that too many some seem more sensible than others. Arthur Kaplan at the University of people were doing without health care The American people should have the Pennsylvania, Daniel Callahan at the at all. So the people of my state took change to decide—because what’s being Hastings Center and others. I admire on the tough task of sitting down and done now isn’t working. Benefits are their thoughtful work. Their conclu- deciding what the basics were, what usually considered in terms of cost- health care no one should have to do benefit, which basically measures how sions and study have provided valuable without. much money you save for every dollar direction on these issues. I believe that at the end of the day, That may sound like an easy task; if you spend. Another way of looking at only the citizens of this country can you could just sit and make a list of all procedures and practices is their cost- make the fundamental choices that af- the things you’d like health care cov- effectiveness, which is how much good fect their health and their well-being— erage to pay for, you would be able to you do with every dollar. Let me explain why I believe it is and health and well-being of the soci- do that without much trouble. But folly to continue to address questions ety in which they live. there’s a flip side. The question Orego- of health care and health coverage as Researchers shows that Americans nians faced over and over again was, purely economic considerations. The believe that there are certain basic okay: if we want this fundamental problem is, and families know this, it rights when it comes to health care service covered, what do we have to doesn’t all boil down to money. You’re and no one should be forced to go with- give up? What can’t we afford to cover not just dealing with a bottom line. out. If it’s been confirmed that the for anyone, if we want everyone to You’re talking about maintaining peo- American people feel that way, the key have at least some help? Those ques- ple’s health and about the basic care is to find out what the basics are and tions sometimes translated into heart- they have a right to expect. Sometimes go from there. This country won’t get breaking real-life situations, where you’re literally talking about life and anywhere on health care reform until people using public health care death. It’s time America started recog- we do. couldn’t get the latest and greatest in- nizing its ethical and moral respon- Let me explain a little further. Most novations on demand. But lives were sibilities with respect to health care, Americans operate on the idea that saved because people using public and acting on them. they should have the latest tests and health care were able to get the basic This is not the seismic shift it sounds treatments on demand. That’s pos- when they needed them. That tradeoff, to be. Just as individual insurers and sible—if America spends more of its for the most part, made the tough state health administrators are mak- dollars on health care and other budget choices worthwhile. ing choices about how to contain costs, items like educations take the hit. But Now, Senator HATCH and I are not American citizens are making moral spending more doesn’t necessarily buy asking America to come up with a list choices around their kitchen tables better health care. More and more peo- of 880 health procedures in order of im- every day. People already have to an- ple are being let without even the es- portance. But we are looking for a gen- swer questions like, it okay to put off sential health care services, let alone eral idea of people’s priorities—so that the colorectal screening my insurance the latest drugs and procedures. Congress can act on them when it’s won’t cover because I really need to Let me be clear. I’m not talking time for health care reform. pay for my mother’s prescription medi- about keeping people from spending I believe there are some priorities cines? If we pay for Jennifer’s broken their own money on whatever kind of our people already agree on. I think arm, does Bobby have to wait a year to health care they want. If someone they agree that 18,000 Americans get braces? wants to rebuild himself limb by limb shouldn’t have to die every year just Doctors and hospitals are already and has the money to pay for it, I say because they can’t get health insur- making ethical choices about what go for it. But when it comes to the ance and health care. I believe 280 mil- care to get and give, or how much cost health care system as a whole, we can’t lion people will agree they’d rather the hospital is willing to absorb before just spend money for the sake of spend- cover the cost of preventive services cutting services. The question that ing money. Health care dollars must be than get stuck with the much higher must be answered is still the same: do used in better ways, or the people of costs of preventable diseases that go Americans want these choices made as this country must decide that it’s okay unchecked. I think with some serious they are now, in a back-door way? Or to keep spending and keep leaving peo- discussion, they can agree on some do they want a chance to discuss these ple out. basic concepts of how and where our issues at the front door, decide on them I don’t believe that’s the way Amer- limited health care dollars should be as a community, and then ask Congress ica wants it to work. As Marcia Angell spent to help the most people. I believe to deliver a health care system based wrote in the New York Times, there 280 million people can agree on a lot on the country’s values? are some essential services in which we more than you think.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.015 S19PT1 S11384 CONGRESSIONAL RECORD — SENATE November 19, 2002 Some might say Americans aren’t Perhaps the people of this country endar No. 762, H.J. Res. 124, the con- going to want to talk about this, that will choose one or more cost-contain- tinuing resolution; that no amend- the idea of not paying for someone’s ment measures being used today. Per- ments or motion be in order to the liver transplant to take care of babies haps in examining their own ethics, joint resolution; that there be up to 3 isn’t fit talk for the public. But I be- they’ll come up with new ideas. What hours for debate, with the time equally lieve Americans have a right to this Senator HATCH and I want to guarantee divided and controlled between the discussion. These choices are going to is that their voices will be heard—and chairman, Senator BYRD, and the rank- get made, one way or the other, and I that this Congress will act, with a ing member, Senator STEVENS, of the want them made in the open with the mandatory vote in both houses—to Appropriations Committee, or their input of the people I’m here to rep- make the people’s vision for health designees; that upon the use or yield- resent. The stakes are just too high not care come to pass. I believe that if Con- ing back of time, with no intervening to include the American people. And I gress chooses to put the people in action or debate, the joint resolution believe they’re up to the task. charge, Americans will choose to fight be read a third time and the Senate To help Americans understand what’s rising costs, make tough moral vote on passage of the joint resolution. at stake, and make informed decisions, choices, and direct this country toward The PRESIDING OFFICER. Without the dissemination of information will better health care for everyone. objection, it is so ordered. be key. I believe the Citizens’ Health That is the point at which we have Mr. REID. Mr. President, the only Guide will be a real eye-opener for reached. That is why it is not right to thing I would ask is I hope, because I most people—for instance, when they leave so many underserved in so many did move quite hurriedly here, that the find out this: Medicare Part A will pay communities without adequate health time, the 70 minutes that Senator for prescription drugs when a patient is care. LIEBERMAN has adds up to 70 minutes. I in the hospital. Part B will pay nothing I urge, finally, that as we leave and am quite sure that it does. for those same drugs on an outpatient reflect on what is needed to reform the The PRESIDING OFFICER. It does. basis. Some doctors are sticking pa- health care system in the next session, Mr. REID. I appreciate everyone’s co- operation. I ask unanimous consent tients in the hospital to the tune of that the three principles in the Wyden- that the time I have just enunciated thousands of dollars just to get their Hatch legislation of involving the not start running until 4 o’clock so medicine to them. That money can’t be money, forcing a vote in the Congress people have time to get over here. But spent, then, on preventive services or on the reforms that come from the peo- at 4 o’clock, I ask that the time I have any other more beneficial health care ple, and making it bipartisan guide our concerns. Don’t you think when people outlined here would begin to run and work in the next session. that anyone who has the floor at 4 see the connection, they will insist on I yield the floor. making a change? o’clock, they would have to yield to ORDER OF PROCEDURE Health care works like an ecosystem one of these individuals who control in this country. The consequence of Mr. REID. Mr. President, I ask unan- the time at that hour. every decision, and every reform effort, imous consent that all time, The PRESIDING OFFICER. Without snakes through the system as a whole. postcloture, be considered expired ex- objection, it is so ordered. Addressing health care properly, that, cept for the following: 60 minutes The Senator from Nevada. means addressing it as a system entire. under the control of Senator BYRD, 70 Mr. ENSIGN. Mr. President, I ask Ad hoc is not going to work. minutes under the control of Senator unanimous consent that I be allowed to Just as a good doctor wouldn’t pre- LIEBERMAN, 70 minutes under the con- speak for up to 10 minutes as in morn- scribe a medicine that would treat one trol of Senator THOMPSON or their des- ing business. symptom but leave the disease to run ignees; that 20 minutes of Senator The PRESIDING OFFICER. The Sen- rampant, it’s time to stop with the THOMPSON’s time be under the control ator might speak for up to 8 minutes. piecemeal reforms that put a Band-Aid of Senator SPECTER; that 15 minutes of HONORING THE GENEROSITY OF ANDRE AGASSI on the sucking chest wound of the the time of Senator LIEBERMAN be Mr. ENSIGN. Mr. President, when I health care system. To be most effec- under the control of Senator DODD; 15 was first considering a run for office al- tive, you can’t just make decisions on minutes be under the control of Sen- most 10 years ago, I found a quote from broken bones one day, organ trans- ator SARBANES; 10 minutes under the Chaplain Lloyd John Ogilvie to be es- plants the next and something else the control of Senator CARPER; and 10 min- pecially inspirational in helping me next day like they don’t have any ef- utes under the control of Senator make my decision. Chaplain Ogilvie fect on each other. This country needs CLINTON; leaving Senator LIEBERMAN, I once said: a way to consider the moral and eth- believe, 20 minutes. You may only make a small difference, but ical choices already being made that Again, it will be 70 minutes under the that does not relieve you of the responsi- affect not just one person or one fam- control of Senator LIEBERMAN; Senator bility to make that difference. ily, but the entire health care system. DODD would have 15 minutes, Senator I want to tell you today about a con- As hard as it’s going to be, it must be SARBANES 15 minutes, Senator CARPER stituent of mine who continues to raise done. The Wyden-Hatch bill provides a 10 minutes, Senator CLINTON 10 min- the standard for how much difference path to do that. utes, leaving Senator LIEBERMAN 15 one person can make. Yes, there are economic choices to be minutes, with Senator DASCHLE having The world knows this man as a top- made about health care in this coun- the final 5 minutes to close the debate. ranked tennis star whose personality try. The runaway train of rising costs That upon the use or yielding back of and success of the court have made him must be stopped somehow. And there all time, the bill be read the third an American favorite. In Las Vegas, are moral questions underlying every time, and the Senate proceed to vote however, he’s admired for his gen- economic decision. The Wyden-Hatch on passage of the bill; provided further erosity and dedication to making a dif- proposal is built around the idea that that the 10 minutes prior to the vote be ference in the lives of our children. these questions are simply too impor- controlled by the two leaders, with the Andre Agassi was born and raised in tant to duck any longer. People de- majority leader controlling the final 5 Las Vegas. Although he started playing serve the chance to discuss their own minutes, without further intervening tennis as a toddler, he won his first moral and ethical priorities when it action or debate. professional title in 1987. He has won at comes to health care, and to decide The PRESIDING OFFICER. Without each of the four major professional ten- what’s best for them and for our soci- objection, it is so ordered. nis tournaments, and he holds a gold ety as a whole. Only then can Congress Mr. REID. Mr. President, if I could medal from the 1996 Olympics. As much deliver health care reform that truly further ask the Chair to consider this as Las Vegans love to watch their works for all. unanimous consent request. ‘‘son’’ winning on the court, our hearts That’s why our bill, the Health Care I ask unanimous consent that upon hold a special place for his devotion to that Works for All Americans Act, cen- the adoption of the conference report underprivileged, abused, and at-risk ters on that public participation por- to accompany H.R. 3210, the terrorism children in Las Vegas. tion, and then guarantees the people a risk insurance bill, the Senate then You see, a top-ranked tennis player vote in both houses of Congress. proceed to the consideration of Cal- who has won as many tournaments as

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.018 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11385 Andre has accumulates a good amount every year, I can assure you—there is that identifies with no specific nation, of wealth. Throw in a few lucrative en- no better show on earth. This year’s an enemy that has shown us that fear dorsement deals, and you have some- benefit featured Elton John, Martina is really something that erodes our one who could live extremely com- McBride, Carlos Santana, Robin Wil- freedoms—and we learn how fragile fortably for the rest of his life. He liams, Babyface, and Rod Stewart. And they are and how fragile our economy could become his own island with very that’s just the entertainment. is. few cares in the world. Unfortunately, A live and silent auction before the Is it a perfect piece of legislation to many successful people do just that. show included sports items from leave the Congress and go downtown to Andre Agassi, on the other hand, cre- Shaquille O’Neal, Wayne Gretzky, Greg be signed by the President? It is legis- ated the Andre Agassi Charitable Maddux, Muhammed Ali, and tennis lation that he has wanted and it has Foundation. Its Board of Directors is lessons from Agassi and his wife, taken us too long to pass. impressive and is led by another son of Stefanie Graf. I share these names with There are parts of this piece of legis- Las Vegas, Andre’s best friend and you because they are a testament to lation that concern most of us. We president of Agassi Enterprises, Perry the respect that Andre Agassi and his have been around here long enough to Rogers. I can’t think of many other or- Foundation have earned from so many know that once we pass a piece of legis- ganizations that have made the impact different people. lation—no matter what the subject that this one has. Its goal is simple: When I tell you that Andre Agassi might be—we find that the administra- continues to raise the standard for how tive rule writers interpret it differently To assist those underprivileged, abused and than we do. Sometimes the net result abandoned children who may be deprived of much difference one person can make, basic options in life. The foundation funds a I mean it literally. Since its inception is not exactly how we envisioned it, combination of emotional, physical and aca- in 1995, the Foundation has raised $23.6 and maybe not even how the President demic programs designed to enhance a million to help at-risk children. That envisioned it. There are sections in here which I am child’s character, self-esteem and career pos- includes $5.6 million from this year’s sibilities. very concerned about. I think as legis- Grand Slam for Children—$1.4 million lators in this body we must pay atten- Among the programs funded by the more than last year. tion to how the administrative rules Andre Agassi Charitable Foundation That’s $23.6 million over 7 years, with are written and how some of the De- are the Agassi Center for Education every penny going to assist children. partments are moved into one called and the Andre Agassi Cottage for Medi- All administrative and overhead costs Homeland Security. cally Fragile Children at Clark Coun- are funded through contributions made ty’s public shelter for abused and ne- by Andre Agassi or Agassi Enterprises, DROUGHT ASSISTANCE glected children. The Agassi Boys and Inc. When you step back and think I was interested a while ago in the statement on the floor about drought Girls Club, which sees over 2,000 mem- about the enormous impact that this assistance to our farmers. No State has bers during the year and features a ten- man has had in Las Vegas, it is incred- been hit harder than my State of Mon- nis team and a basketball program, ible. provides a safe after-school facility and I share the story of Andre Agassi’s tana. No one can argue that there is a a wonderful learning environment. impact on Las Vegas with the hope need. In fact, we have worked for over a year and a half with our colleagues The Foundation, through the Assist- that it will challenge and inspire other here in the Senate, in the House of ance League of Las Vegas, provides the successful people to make their own Representatives, and with the adminis- means for new clothes for well over difference in this world. We all have a tration to get relief to our farmers and 2,000 destitute and homeless children; responsibility to leave this world a bet- ranchers. We have been unsuccessful to helps to send 20 physically challenged ter place, even if—as Chaplain Ogilvie or disadvantaged children to camp for date for a variety of reasons. stated—we make only a ‘‘small dif- There is drought assistance already a week each summer; and introduces ference.’’ fourth and fifth graders to symphonic in the appropriations process that this Words are not enough to thank Andre Senate this year did not get passed— music. for the way he has changed the lives of some $500 billion in rounded figures. There are many more programs fund- so many children. But Andre, your acts But it wasn’t allowed to move because ed by the Andre Agassi Charitable of loving kindness will touch not just of the debate on forest health. Foundation, but I want to tell you the children you help today. They will Maybe this is the wrong place to talk about the Andre Agassi College Pre- make a difference for generations to about forest health. Nonetheless, I paratory Academy, known in Las come. Thank you for making a dif- could see no logic at all in every night Vegas as Agassi Prep, and located in ference in our community and for set- turning on the television, looking at the heart of an at-risk community. ting an example for us all. the news, and watching America’s for- Agassi Prep is a charter school that The PRESIDING OFFICER. The Sen- ests go up in flames, and then denying focuses on technology, college prepara- ator from Montana. the money and the change in policy—a tion, cultural activities, and expanded Mr. BURNS. Might I inquire of the change in policy that would have al- involvement in community affairs. It business before the Senate? lowed us to prevent or at least take also seeks to enhance character, re- The PRESIDING OFFICER. There away some of the possibilities for such spect, motivation, and self-discipline. are 2 minutes remaining on general de- catastrophic fires as we have experi- While HUD and the State of Nevada bate. enced in the last 2 years. contributed significantly to the school, Mr. BURNS. I ask unanimous consent We were denied that—commonsense the core funding came from Andre that the time I use be a part of the things, the relatively minor common- Agassi’s Foundation. The school’s prin- Thompson amendment of the homeland sense things that we have to do to our cipal, Wayne Tanaka, is a distin- security bill. forests in order to make them healthy guished educator who, in line with the The PRESIDING OFFICER. Without and productive and beautiful, as Amer- goals of the Foundation, will truly im- objection, it is so ordered. ica envisions its national forests. pact the students who are fortunate HOMELAND SECURITY I am reluctant to raise false hopes for enough to benefit from Andre Agassi’s Mr. BURNS. Mr. President, I rise our farmers right now and say this is generosity and dedication. today after talking with staff and going to be done in the closing hours of I also want to share with you the going through what we are going to do the 107th Congress—unless it is done in reach of Andre Agassi’s deep-seated with homeland security. This legisla- January, or whenever we take up the concern for Las Vegas’ at-risk children. tion provides the framework of the appropriations bills. We have 11 more Since 1995, the Foundation has held largest reorganization of Government of them to pass. I imagine we will the Grand Slam for Children concert in many, many years; in fact, going all again try to develop some drought as- benefits. The yearly event continues to the way back to the Depression days in sistance for those States that have draw some of the biggest names in en- the 1930s. But it is done because we are been hit hard this year by drought, and tertainment, hundreds of volunteers, facing one of the greatest security to help my farmers who are in the fifth and crowds of almost 10,000. As some- challenges that this country has faced year of drought in that part of the one who looks forward to this event in its 26-year history from an enemy country.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.020 S19PT1 S11386 CONGRESSIONAL RECORD — SENATE November 19, 2002 We see a little bit of posturing going propriations bill, and then we couldn’t Now, what did the new farm bill, I on here on the floor today. I do not like move it. We couldn’t get any action on would ask the Senator, have? We had it. That wasn’t the reason I was going this floor. four different components, four dif- to stand up here and talk in the first Is that about correct? ferent payments, four different ways to place. Nonetheless, I had to discuss Mr. BURNS. Madam President, the invest in agriculture. this topic. Senator is correct. I am ranking mem- We changed the old farm bill, which I notice that my friend from Kansas ber on that Interior Appropriations was a direct income supplement, to a has come to the floor, and he has a Committee. There was money to re- price support farm bill, and there were problem, too, in Kansas. I think his plenish the U.S. Forest Service for the four ways your farmers could be State was probably the hardest hit this moneys they had expended on fire- helped. No. 1, we increased the loan a year of any State. fighting. That was also in there and tad. We decided the loan rate would be- The PRESIDING OFFICER (Ms. needed, and would have passed. But we come an income protection device STABENOW). The Senator from Kansas. got into a situation on forest health, but—guess what—the prices over the Mr. ROBERTS. Madam President, and the other side would not budge on loan rate do not do you any good. would the distinguished Senator from some very commonsense recommenda- Then you had something called a Montana yield for a question? tions to the Forest Service on how we loan deficiency payment. That means Mr. BURNS. I will. go about cleaning up our forests. I am if the price were below the loan rate, Mr. ROBERTS. The Senator really sorry it happened that way. you would get that amount. Well— alerted me to this. And I apologize for I would say to my Agriculture lead- guess what—the price is above the loan not watching on our closed-circuit tele- ers, to my farmers, and to the farmers rate, so you don’t get the loan defi- vision. Apparently some of our distin- in Kansas who, by the way, are not ciency payment. guished colleagues across the aisle are really interested in inside baseball here Then you also had a target price defi- thinking about resurrecting the $6 bil- in Washington, DC—a 17-square-mile ciency payment. It is a little confusing, lion emergency disaster relief package logic-free environment—they are inter- all this gobbledygook, with all the ag- and putting it on the continuing reso- ested in not only what the farm legisla- ricultural acronyms and everything to lution. Is that the case? tion that we passed late last spring do with farm bills. Mr. BURNS. That was the case, plus would do for them but also how we deal But—guess what—the price was I think there have been a couple of sug- with disasters. None of those issues above the target price, so he did not gestions made by our colleagues across were covered. get or the farmer did not get or she did the aisle. That is part of it. With the But the Senator from Kansas is right not get or that person did not get any House being gone and not coming back, on. We have all voted for disaster as- help from the target price deficiency it would seem that this would be an ex- sistance until we have just run our lit- payment. So we are zero for three. ercise that could not be successful. tle fingers to the bone only to find it Then we had a direct payment. Mr. ROBERTS. Madam President, I blocked by other legislation or par- Now, in the wisdom of the farm bill would like to ask if the Senator would liamentary procedures. conference, of which this member did yield for another question. Mr. ROBERTS. Madam President, I not serve—I am not going to get into Mr. BURNS. I will yield. would like to ask the Senator to yield that, as to how that ratio came down, Mr. ROBERTS. How on Earth do you for several additional questions. I am a and who was prevented from being on take a $6 billion disaster relief bill, little confused about this. the conference, and who was not; I which I happened to vote for, that was Mr. BURNS. I yield. could, but I will not—but in the wis- part of the Interior appropriations bill, Mr. ROBERTS. I have a bone to pick. dom of the conference, they said: We as I recall—and, as I recall, the major- I want to see if the Senator from Mon- are going to keep a direct payment just ity leadership filled the legislative tree tana shares the same bone. to make sure that if these other things and basically prevented this Senator Let us go back to the original prob- don’t work, and the farmer still from introducing an alternative to the lem of why in the Great Plains and the wouldn’t have a crop, the price is in- $6 billion package that this Senator great States of Montana, Wyoming— creased. We are going to have a direct thought might stand a chance of ap- and move over into South Dakota, Ne- payment. That was 6 cents a bushel in proval from the administration, might braska, Kansas, which, yes, this year regard to wheat. And the corresponding stand a chance in regard to the hurdle was the hardest hit State. Many other numbers were true in regard to corn that any disaster bill faces to get States incurred bad weather and dis- and other crops—6 cents. through the House Agriculture Com- aster conditions. But why did this hap- Why do I mention that? Because all mittee. pen? The Good Lord was not willing. the way through this, both you and I I am going to be very candid. There The Good Lord sometimes doesn’t have said—Senator COCHRAN said, most of us were certain farm groups and certain the creeks rise too much, or there is on this side said—don’t go down this commodity organizations that did not too much water in terms of the creeks. road with this new farm bill and apply want to consider any disaster legisla- From time to time we have disaster it to the 2002 crop year because any tion for fear of opening up the farm bill bills. They tend to come during even- farm bill is too complex to really fig- and having something happen to their numbered years, by the way. ure out, with all the fishhooks and all payment limits. So you had the leader- We have made a lot of progress in the saddle burrs, to try to get it in ship of the House Agriculture Com- crop insurance. There has been crop in- place for 2002. mittee saying no. You had the adminis- surance reform. But when you have a What we would have had under the tration saying no in regard to further total disaster, and you lose your grain old farm bill—much maligned by the expenditures over and above the $180 crop throughout the grain-producing other side, constantly, day after day billion we spent on a 10-year farm bill. areas, you would think you would have after day, for 4 or 5 years—the Freedom You had the emergency assistance a disaster bill. to Farm Act was a direct payment bill—not on Agriculture appropriations Now, let me back up. I know one Sen- called an AMTA payment. Then we but on Interior appropriations. ator from Kansas—this Senator from were going to double that because of Then, all of a sudden, we couldn’t get Kansas—who said, as we go through the the problems we were having. That was any action on the Interior appropria- consideration of the new farm bill, $180 60 cents a bushel. Now, there is a big tions bill because there was a con- billion—make that $200 billion really difference between 6 cents and 60 cents. troversy in regard to forest manage- over 10 years because the budget was 10 I have given this speech to my farm- ment. Is that not the case? years long—that you would at least ers. Why do I give it to my farmers? I know the Senator worked very think there would be some provision in Because they are desperate. We had the hard, because of the State he rep- there for a farmer who had no crops, no worst drought since the 1930s. It may resents, in regard to forest manage- crops to harvest. The Senator knows have been hotter in some years, and it ment as part of that Interior appro- that. You have gone through that up in may have been dryer in some years, priations bill. But the disaster relief Montana, how many years—1, 2, 3, 4, 5 but it has never been hotter and dryer money was attached to the Interior ap- years maybe? in the same year. So they lost all their

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.065 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11387 crops. Now, we were able to get some We have farmers who are mortgaging I notice the Senator from New York livestock assistance, but disaster as- their place and their equipment in is on the floor, and I am looking for- sistance, as compared to the old farm order to stay in business, and we sit ward to working with her on the E–911 bill, which would have provided them here and introduce an emergency dis- caucus because we know we have a lot 60 cents a bushel, it did not happen. aster relief bill to the tune of $6 billion of work to do on spectrum and spec- So all the critics on our side of the that is not going anywhere. That is not trum management and how we apply aisle, and some on the other side, who right, especially in a lame duck ses- our emergency first responders in the say, well, we have a new farm bill, we sion. days to come because of this challenge are going to give the farmer four mail- So I would ask the Senator, finally, a we have before us. So I will be watch- boxes to open—the loan rate; nope, question. You are going to work with ing very closely as the administration nothing there. The loan deficiency pay- me, I know. I just talked to the major- rules are written on this piece of legis- ment; nope, nothing there. Are we ity leader about this, and I will talk to lation. There it is right there. I can’t going to have the target price defi- the minority leader about this. He is a even pack it back to the office. I prob- ciency payment? No, nothing there. We good man. He has been on the Agri- ably couldn’t understand most of what are going to have a direct payment—6 culture Committee on the House side. I read in there, if I did. But, nonethe- cents, as compared to the 60 cents we He has been the driving force in re- less, those are the issues I think are would have had if we applied the new gards to the Agriculture Committee very important. farm bill to 2003. and the farm program policy in this Americans value their freedom. They Now, that is my bone to pick because session. value the privileges of living in this my farmers are hurting. And now after Let’s get it done in the omnibus bill country, but they also value something having a $6 billion emergency disaster when we have a chance to get it done. else; that is, their personal privacy. A bill that I voted for, in regards to the If we need offsets, we will find offsets. database or anything else that could be Interior Appropriations Committee, we Otherwise, we are putting at great risk done in this is a great mistake. When- have those with the temerity and a lot of farmers in this part of the ever we start doing R&D on tech- chutzpah who will come to the con- country on the Great Plains. Quite nologies that would allow us to invade tinuing resolution and say, we are frankly, other people, other farmers, the privacy of an individual citizen, going to do it now, unless we shut down other farm groups, other commodity whether it be in wireless communica- Government? groups apparently don’t care—appar- tions or in the Internet or the firewalls You know the administration is not ently don’t care. Well, by golly, I care. we might burn, and before that tech- going to support that. You know the I know the Senator from Montana nology is transferred into the agency House has already left town. You know cares. So let’s don’t go down this road. that is in charge of gathering intel- the House Agriculture Committee, rep- What is going to happen is, you are ligence, there should be a firewall in resenting certain interests in agri- going to have to vote against a $6 bil- there. culture, does not want to mess with the lion bill in a lame duck session of Con- I hope whenever they write the ad- payment limitations. This is a horse gress, when the election is over, with ministrative rules they will be sen- going nowhere—nowhere. no hope of actually getting the thing sitive to that and will allow congres- The handling of this has been highly done. Farmers are damned tired of sional oversight before that technology political. The election is over. There that, and so am I. is transferred. It is very sensitive. are some who wanted an issue and not So my question is, to the distin- I yield the floor. The PRESIDING OFFICER. The Sen- a bill. They got the issue. And I guess guished Senator from Montana, let’s ator from New York. the result in South Dakota proved work together with the plan we have that. OK, it is over. But why you bring already put together during the omni- HOMELAND SECURITY up this particular effort for disaster as- bus bill. Mrs. CLINTON. Madam President, I sistance during this particular time is I just talked to the chairman-to-be of want to associate myself with the re- beyond me. It is not going anywhere. the Appropriations Committee, Sen- marks of the Senator from Montana about the importance of the implemen- People crawl out of train wrecks faster ator STEVENS, and he said, yes, he will than this bill will ever get passed and work with us. The administration said tation of the Homeland Security De- signed and provide real relief. And the they will work with us. And we can get partment, particularly as it affects the farmers are not interested in this. some real help to farmers at the appro- privacy issues that will be raised going The Senator pointed out a long time priate time. forward. Further, I would like to add a ago, our farmers are not interested in So would the Senator work with me few other cautionary notes to the legis- politics or agriculture gobbledygook or in that regard? That is the question. lative record as we are about to, in a legislative parliamentary gobbledy- Mr. BURNS. Madam President, I few hours, vote on this Department. My friend from Montana raises some gook as well. would be glad to work with him. But I I urge my colleagues who are think- am sure glad we didn’t get him stirred of the important issues, and there are ing about this, don’t do this. Now, up where he is really excited about this indeed others as well that we will have when can we do this? We can do it in issue. No one gets exercised more than to be vigilant about and hopefully in- the omnibus bill. the good Senator from Kansas. volved in going forward. We had some indication from the ad- That is the common-sense way to ap- Mr. BURNS. Will the Senator yield ministration they will be a little bit proach it. There is no question about so I could correct a terrible mistake I more forward thinking. I don’t want to it. I would like to see it happen that just made? Mrs. CLINTON. Certainly, I am leave them out of my tirade here. I am way. I just wish that we could do some- happy to yield. not happy with this administration. I Mr. BURNS. I think I identified her thing on forest health. I think there is tried to explain that wheat country as the Senator from Arkansas when I a chance of doing that this time. was in a dire situation, that the farm should have said the Senator from New bill didn’t work. And it was sort of: Oh, HOMELAND SECURITY York. well, you know. And we are saving Madam President, before I relinquish Mrs. CLINTON. I appreciate that cor- money we are not spending on the farm the floor, though, I just want to ex- rection. bill, so I think we could score it. But press my concerns again about home- Mr. BURNS. I would like to correct there is no way they are going to do land security, and in some areas. it, if I could. that. As you know, we have spent the last Mrs. CLINTON. I thank the Senator. So I just don’t see why we are going 3 years trying to pass a privacy bill. We I appreciate that. through this exercise. And it has obvi- have worked with Senator HOLLINGS, Mr. BURNS. I thank the Senator for ously got me mighty exercised because the chairman of the Commerce Com- yielding. my farmers are hurting. Land values mittee, and also working with the Ju- Mrs. CLINTON. I must confess I are starting to decline. Their lenders diciary Committee. I would hope we thought he was referring to the Sen- have already told them they hit their can now do a privacy bill coming up in ator from Arkansas who perhaps was in cap. the next Congress. the Chamber.

VerDate 0ct 31 2002 05:27 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.067 S19PT1 S11388 CONGRESSIONAL RECORD — SENATE November 19, 2002 As I said, I appreciate the Senator’s pass it and when Americans read about communications systems that will let yellow, flashing lights about some of it or see coverage about it on tele- them talk to each other—police depart- the issues we are about to contend with vision, they need to know this measure ments, fire departments—across mu- going forward in the Homeland Secu- does not increase patrols or technology nicipal and county lines in an emer- rity Department. In the months fol- along our northern borders. It does not gency. lowing September 11, which are really give our firefighters, police officers, Madam President, I was also greatly the time period that has brought us to and emergency personnel the re- disappointed that the SAFER Act, this day, we knew as a Nation we had sources, training, and equipment they which would have allowed our Nation to take some additional steps, some desperately need. It does not increase to hire 25,000 more firefighters over the unprecedented steps to protect our- security measures at our ports, our next couple years, was completely selves. I believe we have attempted to railroads, our public transportation eliminated from the bill. This is the do so certainly with respect to our men systems. It does not increase our capa- time to do more for our first respond- and women in military uniform. bility of detecting biological, chemical, ers, not less. I am very proud of the support we radiological, and nuclear weapons. We also have to act immediately to have given to our armed forces. I am What this bill does is fall short on secure our Nation’s nuclear power in- proud to represent the 10th Mountain many important measures. We had the frastructure. While the homeland secu- Division in upstate New York. When I opportunity to do this right, to do rity bill creates a new Department, it does not adequately address the real go there, when I speak with the young more than create a Department. The threat of terrorist capabilities and de- officers and enlisted men who come to Senate’s original bill coming out of the sires to destroy our nuclear power- see me or when I go to Fort Drum to Governmental Affairs Committee plants. Last year, Senators JEFFORDS, see them, I feel confident I can look under Senator LIEBERMAN’s leadership, REID, and I introduced the Nuclear Se- on a bipartisan vote, would have in- them in the eye and tell them we are curity Act. We moved that act through doing all we know to do to make sure cluded critical measures that would the committee. It is unfortunate the they are ready, well equipped, and com- make our country safer today. In the bill does not address nuclear security, pensated appropriately. They are end, we failed to act on those critical particularly with respect to our nu- trained to the best of their abilities, measures. clear powerplants. We clearly have a and we are doing all as a Nation we can There is a lot in this bill that secures problem there, as we do with radio- to support them. the future for special interests at the logical attacks from a a so-called dirty I do not have that same level of con- expense of the security of the Amer- bomb. fidence when I go to my firehouses, my ican people. I believe those who are Every day that goes by without us police stations, my emergency rooms using this legislation as a vehicle for having those resources available in throughout New York. I cannot look their own particular commercial or local communities around our country into the eyes of our firefighters, our special interest have done this country to respond is a day I cannot look into police officers, our emergency respond- a grave disservice. the eyes of my constituents and say, ers and tell them we have done all we That is why Congress cannot stop yes, we are safer today than we were. need to do to make sure they are as with this vote. As the distinguished We have all gone over the many pro- well prepared, well trained, and safe in Senator from Montana said: We have to visions in the bill that have absolutely their defense here in the homeland. watch this process with vigilance. We nothing to do with security. I regret So are we safer today than we were have to be involved in the rulemaking. deeply that they were included in this on the morning of September 11, 2001? We have to ask the hard questions bill, and the impact of them will be The answer is only marginally. Be- about resources. We have to continue known for years to come. cause somewhere along the way, we to fight to make sure every substantive Madam President, this bill, which have not kept that laser-like focus we measure we need to enhance our secu- does some good by helping us better needed to match our will and our re- rity gets passed in the next Congress. focus here in Washington, does not do sources and to get those resources to Let’s start with the obvious. Let’s nearly enough of what needs to be done the front lines at home as we have support our first responders. They are out in our country. I am particularly around the world. the ones who are our front line soldiers concerned that New York does not The people who we are going to count at home. We need to do what we have have a specific coordinator as the bill on to make our homeland safer are the been asked to do by mayors and police provides for Washington, DC. We know ones who will pick up the phone when and fire commissioners. They have from every intelligence report that we dial 911. They will respond to the asked us for direct funding that they New York City is still a high-risk area. call. They will leave the firehouse and can best utilize to make sure those This bill has much that perhaps can the police station. They will leave the firehouses stay open, those hazardous make us safer, but nothing that will emergency room. They will be there in material suits and equipment are immediately do so; and it does not ad- order to protect us. bought and available. That is why I dress the most serious issues with re- The votes we cast this afternoon for still believe we should pass legislation spect to the resources that are needed. There is an article in this day’s the creation of a Homeland Security I introduced last November that would Washington Post about how the fact Department are just that. They are provide direct funding to local commu- that we have not funded the war on ter- votes to create a Department here in nities—the Homeland Security Block rorism here at home means that Washington. Grant Act. money—even if it passes in January— My hope is the approval of this bill We also know the recent report by will not get to the people who need it will set into motion a necessary reor- former Senators Hart and Rudman, the the most for quite some number of terrorism panel’s report, clearly states ganization process that will ultimately months. result in improved coordination, infor- we are not doing enough to support our This is, unfortunately, a day where mation sharing, and a stronger, safer first responders. That report expressed we have adopted a piecemeal approach America. grave concern that 650,000 local and to homeland security without the re- But we have to be absolutely clear to State police officers still operate with- sources and the comprehensive strat- the American people about what it is out close U.S. intelligence information egy that many experts have rec- we are voting for. This bill has to do to combat terrorists. ommended. I hope we will come back in with structural reorganization. There We have not done enough to help January and address the gaps in our are many things in this bill we abso- local and state officials detect and re- homeland defense strategy going for- lutely need to make us safer. Unfortu- spond to biological attacks. The report ward. nately, there are many things in this expressed concerns that our fire- I yield the floor. bill that have absolutely nothing to do fighters and local law enforcement The PRESIDING OFFICER. Who with our security. agencies still—more than a year later— yields time to the Senator from Idaho? I am concerned that Americans will do not have the proper equipment to Mr. CRAIG. Madam President, I yield believe, because we have passed this respond to a chemical or biological at- myself time from Senator THOMPSON’s bill, our Nation is safer. But when we tack. And they don’t even have the time.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.070 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11389 The PRESIDING OFFICER. The Sen- I am sorry the other side lost that will help them in January. Why do we ator from Idaho is recognized. fight, but the country won, and the leg- come to the Chamber today and play Mr. CRAIG. Madam President, I came islation we bring today is a significant the politics of the game that will not to the floor for two purposes this after- and appropriate step forward. I will happen? I think we all know. It makes noon. I will briefly speak about H.R. probably be here on the floor within a for good rhetoric and probably a few 5005, our homeland security legislation, couple of months offering some amend- headlines back home. But it will not which will become law in a reasonable ments, and my guess is my colleagues accomplish the mission at hand, and time, possibly today, to suggest I am from both sides of the aisle will be the mission at hand is to solve our ag- really not going to play the political doing the same. But to demagog our ricultural drought problems, and to do game that has been played with this way into a new form of Government in so in a responsible, meaningful way bill for the last 2 months, and that is the context of homeland security, that actually produces policy so the being caught up again in the rhetoric shame on us. farmer can go to the farm service office of the hour—that somehow you don’t The politics of that day is over. The and say: I have a problem and here is need to structurally change the way reality of what we must do is now at my loss. And that farm service officer Government thinks, that you can hand and this Senate is stepping for- can say: And here is the program, and spend billions of dollars ahead of time ward, as it should, to get the job done. here is how we can help you. to get it done. I said I came to the floor to talk That is not going to occur probably You do need to change the way Gov- about a couple of other issues. I have until we legislate it in January and it ernment thinks. You do need to change been watching from my office the great becomes law sometime in early Feb- the culture of the Federal bureaucracy. politics of agricultural drought dis- ruary. Then, I say to my colleagues on You do need to coordinate. That is aster. What I heard on the floor was in the other side, pick up the phone and what we are doing because, clearly, to itself a bit of a disaster. For one full call your farmer and say: Go to the anyone on this floor, or anyone in any month, we had a bill on the floor with farm service office, take your records of the committees that have spent the drought assistance in it. When the bill and your losses, and they will calculate last several years analyzing what hap- was controlled by the other side, which what you deserve based on the program pened prior to 9/11, and following 9/11, had the majority, I innocently came to at hand. That is how one delivers a it became very clear our agencies did the floor and said, hey, why don’t we message home. That is how one solves not connect, they did not coordinate, add an amendment on forest health? a problem that exists. they did not communicate, and the cul- Why don’t we get to the business of What has happened in this Chamber ture of the day—and probably a pre- thinning and cleaning the seven or is the last moments of the last hour of vailing attitude—was somehow what eight million acres of land that is des- the last day of the 107th, is that some- happened would not happen here, didn’t perately in need of our caretakership how a great amount of politics got allow us to come to attention. and our stewardship that, by every es- played out. Some of it worked and Well, we are now at attention. We timation, is a tinderbox waiting to ex- some of it did not work, and we just have already spent billions of dollars plode, like the seven million acres that getting there—both in the fine city of heard some of it that will not work. burned this year across our public for- We are about to vote, though, on New York, which was tragically hit, est lands, that burned up 2,800 homes homeland security, and in the end, over and across this country. My State of and cost us 25 lives. the course of the next 3 to 4 years, it Idaho alone—a State of 1.2 million peo- But for one full month, the other side will work because it must work. We ple—for its first responders is going to refused to vote on it. Why? Because of must be able in a real way, in a mate- get a couple million dollars more this the November 5 election. They didn’t rial way, to say to our friends and year. That is significant money for be- want to put their people at risk, or neighbors and civilian populations at ginning the process of coordinating and what they thought was risk, to vote for training and communicating, right home that the world is a safer place, a good piece of legislation that would hand to left hand, local responders to and we made it safer by the ability to have passed the Interior bill and would State responders to Federal responders. craft a government a good deal more There is a long way to go, but to sug- have put forth the drought legislation sensitive to the reality of our current gest that the step we are taking today and the money that was talked about circumstances, to change the culture of is unnecessary, or for 2 months did not on the floor. the CIA, the FBI, the Border Patrol, What I witnessed over the last hour prevail and, therefore, the bill is no and the INS in a way that creates a is raw politics that won’t get done. The good, shame on those who want to play level of communication that knows Senator from Kansas came down a bit the politics of the moment, because the what the right hand and the left hand politics of the moment is this country exercised a few moments ago, and he are doing in concert. Yes, allows us a has decided to make a major step in had every right to say, shame on them, level of training and expertise at the the right direction. it is politics, it won’t happen—and it very local of levels so when that first I will tell you that I can pick the bill won’t happen. What will happen is we responder goes out on the line, they apart and say there are bits and pieces are going to come back to a new Con- have every bit the skill and the equip- in there I don’t like. I agree, in part, gress on the 7th of January called the ment necessary to determine if they with the Senator from New York and 108th Congress. We are going to swear and/or the population they serve are at the Senator from Montana that it will in some new Senators and convene, and risk because of a potential terrorist take due diligence, that we should not we are going to have a new organiza- act. suspect that what we pass today goes tional resolution; we are going to have That is our charge. We do not do it on autopilot. My guess is we will be chairmen. And already, at that mo- overnight. It should have been done 2 back next year making refinements in ment on the 8th, 9th, 10th, and beyond, months ago. The politics of the day it. I am not quite confident that it pro- we are going to move, I believe, 11 ap- would not have allowed that, but No- tects the privacy of the citizens of our propriation bills that didn’t get cared vember 5 changed that, and that is why country in our pursuit for security in a for this year, that somehow, on their we are here and why we will pass this fashion I would want to see happen. watch, didn’t happen. In those, we are bill today in its whole form, and it will I am glad we gave the President the going to take care of drought and a lot go to the President’s desk for his signa- flexibility not to be tied up in the bu- of other things that should have been ture. reaucracy of the public employees done a long time ago. Sure, we have Then, frankly, the hard work begins. unions, but to give them an ample op- anxious farmers. They have every rea- If I were the administrator selected to portunity to express their concern; but son to be anxious. But now to blame us craft a homeland security agency out in the end, in a national crisis, to give and bog up the works and put our Gov- of the bureaucracies that will fight the chief executive of our country the ernment in a stall at this moment, all down to their very last bureaucratic latitude he or she should have and in the name of agricultural politics, is, breath to hang on to some authority, I must have to make this system work. in itself, wrong. I have farmers who would say it is a monstrous task. But That is what we finally won the day have suffered from drought. I want to we will be here helping that adminis- over. help them, and we will help them. We trator along because we know it is so

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.073 S19PT1 S11390 CONGRESSIONAL RECORD — SENATE November 19, 2002 necessary for our country to have an seen before that seemingly appeared of the relevant agency has changed. agency that can respond to a new overnight. In the 108th Congress, we Our committee-passed bill would have threat to this Nation and to freedom- can and should have a debate on tort required the administration to go loving people all around the world. reform. We can and should have a de- through the Federal Labor Relations I hope out of the frustration of the bate on the safety of childhood vac- Authority to remove employees’ collec- day and the rhetoric that has occurred cines. What we should not have done is tive bargaining rights. I was com- that, in the end, we will pass legisla- hastily slip brand new provisions into fortable with that provision, but even tion and get on with the business at this critically important bill without more so with the Nelson-Breaux-Chafee hand, but I thought it was incumbent debate at the behest of special inter- compromise on this issue, which in- upon myself to come to the Chamber to ests. There are three changes, however, cludes the same restrictions on the talk briefly about the idea that a that are of the most concern to me. President’s authority included in this drought has occurred, not just on farm- First, there is the new personnel lan- bill but which gives Department em- lands across this country, but in the re- guage. This bill gives the Secretary of ployees the assurances that their col- ality of the politics right here. And Homeland Security and the Director of lective bargaining rights will not be that drought is, we only have so much the Office of Personnel Management taken away arbitrarily simply because we are going to get done, and we better (OPM) almost total authority to re- they are working in something called return come January and finish the write Federal civil service laws for De- the Department of Homeland Security. work that should have been done partment of Homeland Security em- I wish this bill offered future employ- months ago. This side is up to it, and I ployees related to hiring and firing, job ees of the Department of Homeland Se- trust my colleagues on the other side classification, pay, rules for labor-man- curity as much assurance that their will join us in a fair and bipartisan way agement relations, performance ap- rights would be protected. to make that happen. praisal and employee appeals to the My greatest disappointment with I yield the floor. Merit Systems Protection Board. this bill is the glaring omission of any The PRESIDING OFFICER. The Sen- Thinking that the Secretary and OPM meaningful provisions to improve the ator from Delaware. could not possibly know what kind of security of our Nation’s railroads. It is Mr. CARPER. I yield myself 10 min- personnel system was needed at the inexplicable that we stand ready to utes. new Department before they were able create a Department of Homeland Se- The PRESIDING OFFICER. Without to start putting it together, our com- curity that does nothing to protect the objection, it is so ordered. mittee maintained current law and millions of Americans who travel by Mr. CARPER. Madam President, I am asked the Secretary to report on his or rail every day. After the tragedy of pleased to see that the Senate is finally her progress in setting the Department September 11, this Congress and the ready to pass legislation creating a De- up at least every 6 months and to ask President moved quickly to stabilize partment of Homeland Security. My Congress for specific changes in civil and secure our aviation system and to colleagues and I on the Governmental service protections to meet specific De- create the Transportation Security Ad- Affairs Committee, under Senator partment needs. ministration with the mission of pro- LIEBERMAN’s leadership, began this As a former Governor who had to re- tecting all transportation modes. process more than a year ago. When we organize parts of his own State’s gov- The Congress followed suit with the first started out, I must admit that I ernment, I can appreciate President Maritime Transportation Security Act had some reservations about making Bush’s desire to have as much flexi- of 2002 to protect our ports and mari- such dramatic changes to the way the bility as possible when creating some- time industry, which successfully Federal Government is organized. The thing as large, complex and important passed in the Senate last week. And hearings Senator LIEBERMAN chaired as a Department of Homeland Security. now it seems that the Over-the-Road during the first half of this year, how- However, I do not believe it’s necessary Bus Security legislation is poised to ever, showed me how truly ill prepared to give him or his new Secretary the pass this body. Yet in all these efforts, we really are to face the threat of ter- power to unilaterally change or waive we have done little to protect rail from rorism. That is why I supported the workplace rules over the objections of terrorist attacks and security threats, original version of Senator Department employees and Congress. creating an Achilles heel in our Na- LIEBERMAN’s homeland security bill That is why I supported the com- tion’s efforts to secure our transpor- when it came before the Governmental promise put forward by Senators tation system. For all of our commend- Affairs Committee on May 22, 2002, NELSON, BREAUX, and CHAFEE before we able focus and attention on preventing some time before President Bush re- adjourned for the election. That lan- future attacks against the aviation in- leased his proposed reorganization guage would have left the most impor- dustry, it is unconscionable that we plan. I supported it again on July 24 tant civil service protections related to would not work to ensure that the after we incorporated a number of the union rights and employee appeals un- roughly 25 million intercity passengers President’s recommendations into our touched and set up a system of binding and many millions more that commute original draft. arbitration so that the Secretary and aboard our trains are as safe as the I believe we need to create a strong OPM would have to work out any per- ones in our skies. Department of Homeland Security that sonnel system they draft with the em- How can we ignore the FBI warnings brings together under one roof the var- ployees who will be required to work made a few weeks ago that al-Qaida is ious Federal agencies charged with pre- under it. I wish that the personnel lan- considering directly targeting U.S. pas- venting and responding to terrorist at- guage in this bill was closer to that senger trains and that operatives may tacks. I am a little disappointed, how- contained in Nelson-Breaux-Chafee bi- try to destroy key rail bridges and sec- ever, that we appear ready to do so in partisan compromise. tions of track to cause derailments? a way that disregards a good deal of The second issue that is of concern to How could the Senate have voted to ap- the hard work that went into the bipar- me in this bill is the language on col- propriate $2 million to remove jars of tisan bill we reported out of Govern- lective bargaining rights. It says that formaldehyde and alcohol from the mental Affairs. the President can only use the author- Smithsonian’s buildings here on the Among other things, the bill before ity he currently has to remove employ- Mall because of their threat to the Cap- us today abandons a compromise ar- ees’ collective bargaining rights on em- itol and yet leave the rail tunnel trav- rived at in committee on information ployees transferred into the new De- eling under the Senate and House office sharing and the Freedom of Informa- partment if their agency’s mission ma- buildings and the Supreme Court un- tion Act and includes INS restruc- terially changes and their duties in- protected from terrorist attack? How turing language that is different from volve intelligence, counterintelligence, can we end the 107th Congress having anything included in the President’s or investigative work directly related approved increased and strengthened proposal, the House-passed bill or any- to a terrorism investigation. It gives security programs for every single thing that we have debated here in the him broad authority to waive this test, transportation mode except rail, a Senate. It also includes some con- however, and to use his authority re- mode we know that al-Qaida may cur- troversial provisions we have never gardless of whether or not the mission rently be targeting?

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.075 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11391 In creating the Department of Home- No. 2, investing in passenger informa- Amtrak is in serious danger of being land Security, we had the chance to ad- tion systems to allow the creation of able to provide adequate equipment to dress this omission. We could have in- watch lists and passenger manifests for service its current routes, let alone cluded provisions to secure the nation’s tracking purposes and data sharing be- offer additional service should there be critical rail infrastructure and facili- tween Amtrak Police Department and another national emergency. With ties and augment the mission of the the FBI. Currently, Amtrak does not these funds, Amtrak could have re- Transportation Security Administra- have the realtime ability to track who paired about half of these, and have tion. Recognizing the obvious need for is onboard its trains. some equipment up and running again greater rail security early on, Senators No. 3, communications and command/ within 90 days. In our effort to strength HOLLINGS, MCCAIN and others worked control upgrades to track and locate the security of the homeland, that we within the Commerce Committee to trains enroute, to ensure adequate must provide Amtrak with the equip- produce a bipartisan rail security bill radio coverage across the Amtrak sys- ment it needs to serve the existing to protect Amtrak and our vital rail tem, and to provide automated data for routes and to handle increased traffic infrastructure from attack or sabotage. incident response and crisis manage- should another security crisis occur. This bill, S. 1550, was supported by the ment; After the Governmental Affairs Bush Administration and reported $778 million for life-safety and secu- markup and the inclusion of this unanimously out of the committee. rity improvements to the Amtrak tun- amendment to the Lieberman sub- They understood the important role nels in New York, Baltimore and Wash- stitute, I worked with Senators that Amtrak played immediately fol- ington. The life-safety problems with HOLLINGS and MCCAIN to create a bi- lowing the tragic events of September the tunnels on the northeast corridor partisan rail security package based on 11, when, with the aviation system shut are well documented and require imme- the previous Committee work and my down and our highways clogged or diate action. The tunnels in New York, amendment that would authorize need- closed, Amtrak kept people safely mov- 1910, Baltimore, 1872, and Washington ed resources while ensuring proper ing in the northeast and across the 1904 are nearing, or are over 100 year oversight and accountability. We country. They know it is essential that olds and constitute safety hazards due agreed to work together to add this we provide Amtrak with the means to to problems with emergency exits and package to the homeland security leg- harden their physical assets and pro- ventilation. Of specific concern, is a islation, in whatever form it took. I be- tect the safety and security of the possible terrorist action involving lieve that Senator MCCAIN spoke brief- traveling public if we want to ensure ly about his commitment to enhancing that Amtrak can serve the nation in these tunnels, which have limited evac- the future as it did after September 11. uation capacity, antiquated stairwells, the security of our railroads on the They realized that more people use and poor lighting. The results could be floor last week, and I want to thank Amtrak’s Pennsylvania Station in one catastrophic. The funds will enhance him for working with us to create a day than use all of New York’s three life safety features within the tunnels, sound security proposal. I know that he airports combined. They recognized including: and Senator HOLLINGS share my dis- that, like our other modes, our rail No. 1. Washington, $40 million: up- appointment that we have not been network is essential to the mobility, graded emergency access and egress, able to get this package included in the defense, and economic vitality of our improved ventilation and communica- current homeland security bill. Though nation. Yet their efforts have been tions. This tunnel sees 50 Amtrak/VRE we were unable to achieve success blocked in this body and our railroads trains a day and 2 million passengers today, we are committed to doing so remain largely unprotected. annually. Additionally, these tunnels next year, and I urge my colleagues to Following the Commerce Commit- pass directly under the Supreme Court join this effort. Until we have passed a tee’s good work and seeing the logical and House and Senate Office Buildings. rail security package, we cannot hon- role for rail security within the new No. 2, Baltimore, $60 million: New estly say that we have secured our na- Department, I offered, and the Com- fire standpipes; improved lighting and tional transportation system. mittee voted to accept, a rail security communications, egress improvements; In conclusion, today we missed a tre- amendment to Senator LIEBERMAN’s and a preliminary design study of tun- mendous opportunity to truly secure homeland security bill during the our nel replacement options. This tunnel our entire transportation network. markup in July. My amendment au- sees 125 Amtrak/MARC trains a day. Surely, we all agree that doing so is thorized funds through the Secretary No. 3, New York, $678 million, 6 tun- one of the Federal government’s chief of Homeland Security for critical secu- nels: upgraded ventilation, access, and responsibilities. Debates about the fu- rity and safety needs across Amtrak’s egress through new stairways and ture of Amtrak should not stand in the national network. Totaling $1.2 billion, shafts; structural rehabilitation for way of this effort. The fact is that, my amendment authorized funds to as- tunnel access, and improved lighting today, several thousands of riders are sist the diligent efforts already being and signage. The 6 New York Amtrak on Amtrak trains and hundreds of made by Amtrak’s police force and tunnels provide access to Penn station thousands more use Amtrak’s tracks other law enforcement agencies, giving for Amtrak, New Jersey Transit and for their daily commute to work. Se- them the tools to focus on real threats the Long Island Railroad. They are curing these facilities and these serv- beyond the harmless rail fans police gateway to New York and the heart of ices is not an issue that can wait. As were chasing away as described in an the Northeast Corridor. Work on the the intelligence community has al- article on the front page of the Wash- tunnels has already begun with $220 ready warned, the risks to America’s ington Post last week. The amendment million from the Long Island Railroad railroads are real and exist as we included: $375 million to finance sys- and the FRA, through $100 million speak. We have a responsibility to act temwide security and safety enhance- from FY ’02 DOD supplemental Appro- to protect our people and our nation. ments. These funds would have been priations Act. Funds authorized in this We must pass rail security legislation used to immediately address serious se- amendment would complete work on 3 as soon as possible. curity risks by protecting infrastruc- of the 4 rebuilt ventilation and escapes Mr. KOHL. Madam President, I rise ture, stations, and facilities across the shafts, dramatically improving the to discuss two provisions of the Home- entire Amtrak system. Amtrak’s top safety of passengers should an emer- land Security bill, those substantially priorities to be addressed with these gency occur in the tunnels; transferring the Bureau of Alcohol, To- funds include: $55 million for wrecked equipment re- bacco and Firearms, ‘‘ATF,’’ to the De- No. 1, securing tunnels, bridges, pair to ensure Amtrak adequate fleet partment of Justice and modifying and interlockings, towers, and yard and capacity in the event of a national se- improving our explosives laws. station facilities with surveillance curity emergency. At the time of my A driving force behind the Presi- equipment, perimeter fencing, security amendment, 96 damaged and wrecked dent’s blueprint for the reorganized lighting, bomb detection equipment cars and five locomotives, or nearly Government is the need for the various and bomb resistant trashcans for sta- one out of every fifteen Amtrak cars, agencies and bureaus charged with en- tions, vehicle barriers and other meas- were sitting idle, out of service, and forcing Federal law to work more coop- ures. awaiting repair. Without these cars, eratively and effectively in defending

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.024 S19PT1 S11392 CONGRESSIONAL RECORD — SENATE November 19, 2002 the country against terrorism. The enue collection and related regulatory an amended version of S. 1956, the Safe President’s plan shifted several agen- functions performed by the current Explosives Act, which was introduced cies charged with different aspects of ATF will remain under the jurisdiction earlier this year by Sen. ORRIN HATCH Federal law enforcement to the pro- of the Tax and Trade Bureau of the and me and H.R. 4864, the Anti-Ter- posed Department of Homeland Secu- Treasury Department. rorism Explosives Act, which was in- rity, including the Secret Service and The renaming of the Bureau is more troduced earlier this year by Chairman the Bureau of Customs, both formerly than simply symbolic. The addition of SENSENBRENNER. housed in the Department of the Treas- the ‘‘E’’ to the name of the Bureau The Senate Judiciary Committee ury. demonstrates the importance of explo- unanimously approved the measure Unfortunately, this realignment of sives in their mission. To coordinate this summer. I want to explain some of Treasury’s law enforcement agencies better law enforcement training in ex- the provisions in this title of the bill left out one vitally important bureau, plosives, we created the Explosives and provide a more detailed section by one that has as its primary mission the Training and Research Facility at Fort section analysis of it. enforcement of the explosives and fire- AP Hill, VA, where Federal, State and Following the September 11 terrorist arms laws. The ATF has been the cor- local law enforcement agents from attacks on the World Trade Center and nerstone of the Federal law enforce- around the country will be trained to the Pentagon, we have had a growing ment functions at Treasury for dec- investigate bombings. sense that Congress needs to close nu- ades, but now under the President’s We trust that the Attorney General merous gaps in Federal law to help pre- plan, it would be left as the only major and the Department of Justice in con- vent future disasters. The current ex- law enforcement presence in the entire junction with the Department of the plosives laws are effective, but the Safe Department. Treasury will make ATFE’s transition Explosives Act closes some loopholes The Department of the Treasury is as efficient as possible. Moving a large and significantly improves its adminis- entrusted with responsibilities pri- law enforcement agency is not easily tration. marily in the area of monetary policy done. For that reason, the Homeland The Safe Explosives Act effects two such as budgets, taxes, and currency Security bill permits a sufficient time major changes in our explosives laws: production and circulation. In con- frame for the transitions to occur both first, it creates a systematic method of trast, the ATF’s mission consists of en- to the new Department of Homeland enforcing our laws regarding who can forcing the firearms, arson, and explo- Security as well as the ATFE’s transi- and cannot purchase and possess explo- sives laws as well as the criminal and tion to the Department of Justice. It is sives; and second, it makes some com- regulatory functions of the alcohol and our intent that the ATFE be permitted monsense additions to the list of people tobacco laws. Clearly, these two mis- as much time to complete its transi- who are barred from purchasing and sions do not jibe. tion as the other bureaus and agencies possessing explosives. ATF serves an important role not being shifted to the Department of Creating a systematic method for en- only in the enforcement of the crimi- Homeland Security. forcing our laws makes sense in the nal laws regarding firearms, explosives, At the Department of Justice, the current environment. Most Americans alcohol and tobacco, but also in waging ATFE will have primary responsibility would be stunned to learn that in some the war on terrorism. We only need to for the enforcement of the firearm, States it is easier to get enough explo- remember the litany of terrorist bomb- arson and explosives laws as well as sives to take down a house than it is to ings from the first attack on the World criminal alcohol and tobacco laws. In buy a gun, get a driver’s license, or Trade Centers to Beirut in 1982, the that role, the ATFE will be able to even obtain a fishing license. Cur- East Africa embassies, the U.S.S. Cole, work cooperatively with the FBI and rently, it is too easy for would-be ter- Khobar Towers, and Oklahoma City, the DEA in enforcing the criminal law rorists and criminals to obtain explo- among others, to understand the im- while at the same time taking the lead sive materials. Although permits are portance of the ATF’s expertise in ex- when the case under investigation is required for interstate purchases of ex- plosives and firearms on the war on primarily within their jurisdiction. Ac- plosives, there are no current uniform terrorism. Indeed, in the last 20 years, cording to recent news reports, the FBI national limitations on the purchase of the vast majority of terrorist attacks and the ATF do not always have the explosives within a single state by a with Americans as targets have used best of relations. In fact, despite a resident of that State. As a result, a explosives or firearms. Any effort to long-standing memorandum of under- patchwork quilt of State regulations strengthen our homeland security that standing between the two agencies al- covers the intrastate purchase of explo- does not take note of this fact is a half locating responsibilities, there is still a sive materials. In some States, anyone measure. fair amount of competition between can walk into a hardware store and buy This bill understands ATF’s impor- the two when it comes to areas where plastique explosives or a box of dyna- tance in the war on terrorism by mov- their respective jurisdiction overlaps. mite. No background check is con- ing it to the Department of Justice Now, with the ATFE working under the ducted, and no effort is made to check where it can coordinate its efforts same leadership as the FBI, the Attor- whether the purchaser knows how to more easily with the FBI, DEA, and ney General will be able to sort out properly use this deadly material. In at the other premier Federal law enforce- these differences and maximize the co- least 16 States, there are little to no ment agencies. In addition, the bill au- operation between the two agencies. restrictions on the intrastate purchase thorizes the ATF for the first time as More cooperation will lead to a better of explosives. the Bureau of Alcohol, Tobacco, Fire- focus on the war on terrorism. By addressing the intrastate sale and arms and Explosives, ATFE, and re- The establishment of the ATFE at possession of explosives, the Safe Ex- focuses its mission. It will no longer be the Department of Justice gives the plosives Act would help close one such responsible for collecting alcohol and Government a dynamic weapon in the loophole that allows potential terror- tobacco fees, but instead will focus en- war on terrorism and in the every day ists and criminals easy access to explo- tirely on the criminal enforcement of battle against violent crime involving sive materials. Let me elaborate. As I the explosives, firearms, arson, and to- explosives, firearms and arson. We look said, under current law anyone who is bacco and alcohol smuggling laws. forward to the ATFE joining the De- involved in interstate shipment, pur- The amendment makes clear that partment of Justice and its other law chase, or possession of explosives must along with the transfer of enforcement enforcement agencies. We also look have a Federal permit. This legislation of the explosives, firearms, and arson forward to the ATFE maximizing its creates the same requirement for intra- laws, the new ATFE will have jurisdic- capabilities in enforcing the explosives, state purchases. It calls for two types tion over the criminal statutes in title firearms, and arson laws and fighting of permits for these intrastate pur- 18 of the United States Code as they re- the war on terrorism. chasers: user permits and limited user late to tobacco or alcohol laws. These In addition to transferring ATF to permits. The user permit lasts for 3 few criminal statutes are the extent of the Department of Justice, this meas- years and allows unlimited explosives ATFE’s jurisdiction over alcohol and ure contains a subtitle that modifies purchases. The limited user permit also tobacco. All alcohol and tobacco rev- our explosives laws. This provision is expires after 3 years, but only allows

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.078 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11393 six purchases per year. We created this I ask unanimous consent that a sec- connection with the explosives aspect of a two-tier system so that low-volume tion-by-section analysis of the measure company’s business. By the same token, users would not be burdened by regula- be printed in the RECORD. companies have an obligation to be forth- tions. The limited permit, like the user There being no objection, the mate- right with the ATF, and we expect them to err on the side of overinclusiveness in decid- permit, imposes commonsense rules rial was ordered to be printed in the ing who may be a responsible person. such as a background check, moni- RECORD, as follows: This section will also require applicants to toring of explosives purchases, secure SECTION-BY-SECTION ANALYSIS OF TITLE XI, list the names of all employees who will storage, and report of sale or theft of SUBTITLE C have possession of the explosive materials, explosives. However, the Safe Explo- Section 1121—Short title so that the ATF can verify that these indi- sives Act does not subject the limited The short title of this bill is the ‘‘Safe Ex- viduals are not prohibited from receiving or user to the record keeping require- plosives Act.’’ possessing explosives. In order to prevent an overload of employee background checks all ments currently required for full per- Section 1122—Permits for purchasers of explo- at once for the ATF, current licenses and mit holders. sives permits will remain valid until that license In addition to closing the intrastate First, the following terms referenced in the or permit is revoked, expires, or until a loophole, this measure expands slightly bill are defined: permittee, alien, and respon- timely application for renewal is acted upon. the class of people who are barred from sible person. Under current law, it is too easy for would- purchasing or possessing explosives. Second, this section would require all pur- be terrorists and criminals to obtain access chasers of explosives to obtain a permit from to explosive materials by obtaining jobs Current federal law prohibits certain the Treasury’s Bureau of Alcohol, Tobacco, categories of people from purchasing (such as driving trucks) with explosives li- and Firearms (ATF), a process that includes censees. These expanded requirements would and possessing explosives. However, a background check, thereby reducing the also apply to entities seeking to obtain a li- some important categories, such as availability of explosives to terrorists, fel- cense to sell explosives. people in the United States on a tour- ons, and others prohibited by law from pos- It is the Committee’s intention that ATF ist visa, are not included in current sessing explosives. Although permits are now should work closely with the regulated in- federal explosives law. The committee required for interstate purchases, there are dustry to develop guidance as to which em- feels that in addition to being barred no current Federal limitations on the pur- ployees are considered to be in ‘‘possession’’ chase of explosives within a single state by a from obtaining a firearm, these people of explosive materials in the course of their resident of that state. employment. Applicants for explosives li- should also be prohibited from pur- The new permit requirement would signifi- censes or permits are not required to list chasing and possessing explosive mate- cantly enhance the government’s ability to every single employee of the business. In- rials. prevent the misuse and unsafe storage of ex- stead they are only required to list employ- Overall, this measure strikes a rea- plosives. As part of the permit application ees who are expected to possess explosive sonable balance between stopping dan- and renewal process, ATF would conduct materials as part of their duties. gerous people from getting explosives background checks on all individuals wish- In developing these standards, ATF should and helping legitimate users obtain ing to acquire or possess explosives mate- be guided by the case law interpreting the rials. Applicants would also be required to and possess explosives. Most large com- term ‘‘possession’’ under the Gun Control submit photographs and fingerprints along Act of 1968, GCA, as amended. It is well es- mercial users already have explosives with their applications, to ensure that a tablished that possession under the GCA permits because they engage in inter- thorough background check can be com- may be demonstrated through either actual state explosives transport. These users pleted. Fingerprints are not necessary to or constructive possession. Actual possession would not be significantly affected by conduct a background check, however it sig- exists when a person is in immediate posses- our legislation. The low-volume users nificantly reduces the work and amount of sion or control of an object, and includes in- will be able to quickly and cheaply get time for the positive identification of appli- stances where a person knowingly has direct a limited permit. And high-volume cants, and therefore will greatly reduce the physical control over the object at a given application turnaround time and workload intrastate purchasers who are running time. Thus, employees who physically handle for ATF. explosive materials would clearly be in pos- businesses that require explosives In the case of a corporation, partnership or session of those materials. This would in- should easily be able to get an unlim- association, the applicant would be required clude, among others, employees who handle ited user permit. Also, the measure to submit fingerprints and photographs of re- explosive materials, as defined by the law as will not affect those who use black or sponsible persons, meaning those individuals part of a production process; employees who smokeless powder for recreation, as the who possess the power to direct the manage- handle explosive materials in order to ship, legislation does not change current ment and policies of the corporation, part- transport, or sell them; and employees who regulations on those particular mate- nership or association pertaining to explo- actually use the explosive materials. All of sive materials. Consistent with ATF’s cur- these employees, as well as any other em- rials. rent policy, this section does not require cor- Our goal is simple. We must take all ployees who actually possess explosive mate- porate applicants for explosives licenses to rials as part of their duties, must be listed possible steps to keep deadly explosives list every single corporate director or officer on the application for a license or permit. out of the hands of dangerous individ- as a ‘‘responsible person’’ on its application Where direct physical contact is lacking, a uals seeking to threaten our livelihood for a license or permit. Those officials within person may nonetheless have constructive and security. The Safe Explosives Act the corporation who have no power to direct possession where he or she knowingly has is critical legislation, supported by the the management and policies of the appli- the power and the intention at a given time administration. It is designed solely to cant with respect to explosive materials to exercise dominion and control over the ex- the interest of public safety. It will sig- need not be listed on the application. For ex- plosives, either directly or through others. ample, in a large corporation that uses ex- Accordingly, this section would require ap- nificantly enhance our efforts to limit plosives in just one of many business activi- plicants for licenses or permits to list all the proliferation of explosives to would ties, there may be many corporate officials employees who will have constructive pos- be terrorists and criminals. It will who have no responsibilities or authority in session of explosive materials as part of their close a loophole that could potentially connection with the explosives aspects of the duties. For example, an employee who drives cause mass destruction of property and company’s business. These officials would a truck with an explosives load is in con- life. not be listed as ‘‘responsible persons’’ on the structive possession of the explosives even Let me thank the many people who application, and would not need to submit though he may not physically handle them. assisted us in drafting these provisions. fingerprints or photographs to ATF. Fur- This individual has dominion and control thermore, if corporate bylaws provide that over the explosives while he transports Senators HATCH and LEAHY and Chair- certain high-level corporate officials do not them; furthermore, he could easily divert man SENSENBRENNER were vital, as have the power or authority to direct the them from their intended destination. Such were Senators BAUCUS and GRASSLEY. management and policies of the corporation an individual should be subject to the back- The staff and leadership of the Depart- with respect to explosive materials, then ground check requirements of the amended ment of Treasury, the Department of such officials will not be considered to be re- law. Similarly, a supervisor at a construc- Justice and the ATF were invaluable. sponsible persons. tion site who keeps the keys for the building We all worked together cooperatively We encourage the Secretary to strive for in which the explosives are stored, and di- and in close collaboration, and I be- balanced enforcement. In so doing, the Sec- rects the use of explosives by other employ- retary should avoid imposing unnecessary lieve that the finished product reflects ees, would be in constructive possession of burdens on applicants for explosives licenses those explosives. the professionalism and dedication of and permits. There is no reason to require Finally, this section recognizes the distinc- the staff of those agencies. They are all background checks for corporate officials tion between small individual users of explo- to be congratulated. who have no responsibilities or authority in sives and large commercial users by creating

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.079 S19PT1 S11394 CONGRESSIONAL RECORD — SENATE November 19, 2002 a new ‘‘limited permit’’ for those infrequent Control Act, as technical changes have been and of itself will not be sufficient to purchasers. The limited permit allows a pur- made to improve the clarity of the provision. safeguard our homeland, it will bring chaser to make no more that six purchases Section 1124—Requirement to provide samples of much needed focus and coordination to of explosives within a 12–month period, and explosive materials and ammonium nitrate the task. the permit is only valid for purchases within This section would enhance the ATF’s abil- In the year since the terrorist at- the purchaser’s state of residence. While lim- ity to solve cases involving explosives by re- ited permit holder must pass the background tack, much has been done to make our quiring Federally licensed explosives manu- check like all other permit applicants, they nation more secure. Congress has ap- facturers and importers and persons who are not subject to spot inspections imposed proved billions of dollars to secure our manufacture or import ammonium nitrate to on full permit holders. To ensure that hold- provide to ATF, upon request, with samples borders, protect critical infrastructure, ers of limited permits are not violating law of, or chemical information on, the products train and equip first responders, and by acquiring explosive materials more than they manufacture or import. The ATF ful- better detect and respond to biological six times a year, this section requires any- fills a critical investigative role in the solv- or chemical attacks. Our brave men one selling explosives to a limited permit ing of crimes or acts of terrorism committed and women in uniform have fought val- holder to report the sale to the ATF. This al- by explosives. Such information is essential lows the ATF to monitor misuse by limited iantly in the war against terrorism and to ATF’s ability to prevent and solve bomb- permit holders, and investigate suspicious have secured important victories in Af- ings and to trace explosive materials that volume purchases by such individuals, while ghanistan. are used in terrorist activities and other vio- allowing infrequent users to access more The creation of the Department of lent crimes by matching residue with the than enough for their needs. Holders of lim- manufacturers’ samples. Also, the ability to the Homeland Security is the next step ited permits would also be required to report evaluate such samples as well as information in our efforts to secure our nation their distribution of excess stocks of explo- on the chemical composition of these prod- against another terrorist attack. The sives to other permittees or licensees. ucts will allow the ATF to familiarize them- task before us is daunting. This sweep- All permittees, limited or otherwise, are selves with products that may be diverted to subject to inspection by the ATF to ensure ing reorganization dwarfs any cor- criminal misuse. that the explosives are being properly stored. porate merger. It involves some 170,000 In the interest of minimizing the turnaround Section 1125—Destruction of property of institu- employees and a budget of nearly $40 time for approval of licenses and permits, tions receiving federal financial assistance billion. and in order to avoid overburdening ATF This section expands ATF’s authority to Despite the magnitude and challenge with an onrush of inspections immediately investigate destruction of property by fire or of the task, there should be no doubt after this act takes effect, the bill gives ATF explosion if the property receives federal as- about the need for this new cabinet de- the discretion to defer immediate inspection sistance. partment. Currently, as many as 100 of license and permit applicants at the time Section 1126—Relief from disabilities Federal agencies are responsible for of application. However, because of concern This section allows for a person who is pro- homeland security, but not one has for public safety, a provision requires ATF to hibited from the above mentioned explosive inspect both permitees and licensees within homeland security as its primary mis- material possession, purchase, etc. to apply sion. When that many entities are re- three years of issuing a license or permit. to the Attorney General for relief from dis- Specifically, ATF must inspect limited abilities. The Attorney General may grant sponsible, nobody is really account- permitees prior to a third consecutive re- that relief if the circumstances regarding able, and turf battles and bureaucratic newal, and licensees or user permitees prior the disability are such that the applicant is disputes are inevitable. to the first renewal. It also increases the not likely to be dangerous to the public if al- If we are to overcome these problems amount of time ATF has to approve or deny lowed to work with the above mentioned ex- and create a workable national secu- an application to 90 days. This will allow plosive materials, and that it would not be rity structure, then we must unite the ATF ample time to conduct thorough back- contrary to the best interest of the public. ground checks, especially important imme- current patchwork of governmental en- diately following enactment of the bill when Section 1127—Theft reporting requirement tities into a new Department of Home- there will likely be a surge in applications. According to this section, all licensees and land Security. The new agency will These provisions were put in the bill at the permittees are required to report the known work to secure U.S. borders, ports, and request of the House. theft of explosive materials from that user critical infrastructure. It will syn- This section also includes an important no later than 24 hours after the discovery of thesize and analyze intelligence from theft. Failure to do so can result in a fine measure that ensures privacy for employees multiple sources, lessening the possi- or potential employees of a company that not more than $10,000, or imprisonment not applying for a user permit that are subject more than 5 years, or both. It is essential bility of intelligence communication to a background check. The provision re- that ATF investigate theft of explosives in breakdowns. And it will coordinate se- quires the Secretary of the Treasury to no- order to prevent accidental or criminal mis- curity activities now undertaken sepa- tify the employer as to whether or not an use. rately by agencies like the Customs employee passes the background check. How- Sec. 1128—Authorization of appropriations Service, the Federal Emergency Man- ever, should an individual not pass the em- This section authorizes the appropriation agement Agency, and the Immigration ployer will not be told the reason why. Rath- to carry out the provisions of the bill. and Naturalization Service so that the er, the employee will be notified as to the The PRESIDING OFFICER. The Sen- resulting effort will be greater than the reason(s) for not passing. ator from Maine. sum of its parts. The new Department Section 1123—Persons prohibited from receiving Ms. COLLINS. I yield myself 5 min- or possessing explosive materials for Homeland Security will help to utes from the time of Senator remedy many of the current organiza- This proposal expands the list of those peo- THOMPSON and 5 minutes from the time ple who are prohibited from purchasing or tional weaknesses and to protect us possessing explosives to include: mental of the leader. against future attacks. incompetents, aliens other than lawful per- The PRESIDING OFFICER. Without As a member of the Senate Govern- manent resident aliens, people dishonorably objection, it is so ordered. mental Affairs Committee, which held discharged from the military, and Americans Ms. COLLINS. Madam President, this extensive hearings on the reorganiza- who have renounced their citizenship. The legislation to create a new Department tion, I had the opportunity to consider addition of such categories to the list of pro- of Homeland Security will result in the carefully myriad ideas and concepts hibited persons recognizes the potential for most significant transformation of the about the creation of the Department. terrorists or other criminals to use explo- executive branch in over 50 years and is We heard testimony from Governor sives to carry out their attacks and brings the explosives law in line with most cat- of fundamental importance to our na- Ridge, from Director Mueller of the egories of prohibited people in the Gun Con- tional security. I believe that Congress FBI, from Director Tenet of the CIA, trol Act. has the responsibility to establish a and from numerous other experts. They Congress has already determined that the new Department of Homeland Security all shed light on the problems that possession of firearms by the above cat- this year, before we adjourn for we have impaired our ability to defend our egories of people is dangerous to society. In know that those wishing to do our na- homeland, and on the threats that we order to combat terrorism and other violent tion harm will not wait for us to act. now face and that will inevitably chal- crime, it is essential that Federal law pro- The longer we delay, the longer we hibit the receipt or possession of explosive lenge us in the future. materials by such individuals already leave vulnerabilities in place, the While strongly supporting the cre- deemed too dangerous to possess firearms. longer we consciously rely upon a frag- ation of the Department, I believe that The language relating to non-immigrant mented system to guard our homeland. we also must protect the traditional aliens differs slightly from that in the Gun While creating a new department in roles of institutions and agencies that

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.028 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11395 are important to America’s economic mental Affairs Committee’s mark-up of the Administration’s initial proposal, and social fabric. In particular, the the original homeland security bill. We which only called for notification. Coast Guard’s traditional functions— offered a successful amendment to pre- As we create a new Department of such as search and rescue and marine serve the traditional functions of the Homeland Security, it is critically im- resource protection—must be main- Coast Guard. portant that we remember those on the tained. The compromise bill ensures that the front lines of any emergency: our po- Since the attacks of September 11, Coast Guard’s non-homeland security lice, our firefighters, our EMS per- the Coast Guard’s focus has shifted to functions will be maintained after its sonnel. I am disappointed that the homeland security. The Coast Guard transfer into the new Department, and compromise bill fails to include impor- plays an essential role in homeland se- also provides for flexibility to ensure tant amendments that I offered with curity, and I believe that it should play our national security. As our amend- Senators FEINGOLD and CARPER, and a leading role in the new Department. ment provided, the compromise home- that were adopted both in committee If, however, the current resource allo- land security bill has the Commandant and on the Senate floor. cation is maintained, and the Coast of the Coast Guard report directly to The compromise bill includes an Of- Guard continues to assume new respon- the Secretary of Homeland Security, fice for State and Local Government sibilities, its traditional missions may thus ensuring direct access for the Coordination, but it lacks the provi- be jeopardized. Commandant’s views. The protections sions needed to ensure that the new Prior to September 11, port security for the Coast Guard will help safeguard Department coordinates and commu- accounted for approximately 2 percent our coastal communities’ economies, nicates adequately and efficiently with of the Coast Guard’s resources. Imme- way of life, and loved ones, while state and local first responders. Sen- diately following the terrorist attacks, Americans, wherever they live, can ators FEINGOLD, CARPER and I would the Coast Guard deployed 59 percent of rest assured that the Coast Guard will have placed a Department liaison in its resources to port safety and secu- perform its necessary and vital home- each State, thereby enhancing the De- rity missions. As a result, many of the land security functions. partment’s ability to work effectively aircraft and vessels used for search and Similarly, I am pleased that the com- with first responders, who perform rescue were far removed from their op- promise bill incorporates a provision such a critical role in our homeland de- timal locations for search and rescue. that Senator LEVIN and I proposed to fense. In my role as chairman of the Even after the immediate impact of create a Special Assistant position in Governmental Affairs Committee, I September 11 attacks subsided, its im- the Secretary’s office to promote pub- plan next year to revisit this issue to pact on the resources of the Coast lic/private partnerships and to ensure ensure that the new Department and Guard remained. Indeed, the Coast that the business community has a our first responders can work effi- Guard continues to devote fewer hours place to go to ask questions, voice con- ciently together not at cross purposes to its traditional functions than it did cerns, and provide feedback. It is im- when emergencies arise. The new Department of Homeland before 9/11. portant to bear in mind that our home- Because of the Coast Guard’s impor- land security and economic security Security is an essential component of our response to current and future tance to coastal areas throughout our are closely linked, and that the failure threats. As the brutal attacks of Sep- Nation, any reduction in its traditional of one jeopardizes the other. Our eco- tember 11th demonstrated, distance functions is of great concern. Last year nomic vitality makes us strong and ca- from our enemies and the barrier of alone, the Coast Guard performed over pable of defending our nation against oceans no longer suffice to protect our 39,000 search and rescue missions and external and internal threats. nation. The bill that we are consid- saved more than 4,000 lives. On a typ- The issue of personnel and manage- ering today is an important step in ical day, the Coast Guard saves 10 ment flexibility, unfortunately, be- came the most controversial issue in making our homeland more secure. lives, interdicts 14 illegal immigrants, I reserve any unused time for Sen- inspects and repairs 135 buoys, and this homeland security debate. The ator THOMPSON. helps more than 2,500 commercial ships creation of the new Department will The PRESIDING OFFICER (Ms. navigate into and out of U.S. ports. In transfer approximately 170,000 current CANTWELL). The Senator from Con- short, the Coast Guard’s traditional Government employees who are cov- necticut. missions are of vital importance and ered by a large number of different Mr. DODD. I will yield myself 15 min- must be preserved. work rules, personnel systems, and utes off the majority side. I would like Let me take a minute to talk about labor agreements from other depart- to be notified by the Chair when 5 min- the Coast Guard’s importance in my ments and agencies. Given the pressing utes have expired. I would like to sepa- home State of Maine. Each year, the importance of the new Department, rate the remarks: 5 minutes spent on Coast Guard performs about 300 search and the vital functions it will perform, the homeland security issue, and then and rescue missions in my State. These we need to grant the new Secretary ap- 10 minutes on terrorism insurance, of missions are literally a matter of life propriate but not unlimited authority which I will be yielding some brief and death. Just a few weeks ago, the to create a flexible, unified new per- time to colleagues who want to be Coast Guard saved two Maine fisher- sonnel system that meets the Depart- heard on that matter. Senator men from their burning boat off the ment’s unique demands. SARBANES, the chairman of the Bank- coast of Massachusetts after a 12 hour This legislation strikes the right bal- ing Committee, will be coming to the search. ance. Initially, the Administration floor at which time he will also have 15 Since October 1999, fourteen fisher- sought power for the Secretary to uni- minutes to talk about terrorism insur- men have lost their lives off the coast laterally modify all of the civil service ance or other matters he may want to of Maine. Commercial fishing is one of laws which I opposed. The administra- raise, in which case we will try to have the most dangerous of occupations. tion compromised and will have flexi- our remarks appear continuously, if we How many more fisherman or rec- bility in only those areas it deemed can, regarding terrorism insurance. reational boaters would have died or vital to the Department’s efficient On the issue of homeland security, I been injured if the nearest Coast Guard functioning. am going to vote for this bill in the end cutter were not in port? How many Also, I would note that there are when we are called upon, in several more will lose their lives if the local many safeguards to prevent abuse of hours, to do so. Coast Guard stations must devote the this authority that we are granting the First of all, let me commend my col- majority of their time to homeland se- Department, including a requirement I league from Connecticut, who has been curity alone? I agree that the Coast authored requiring that any changes the manager of this bill along with Guard must perform homeland security made to the appeals rights of the De- Senator THOMPSON of Tennessee for the functions. But it is critically impor- partment’s employees be made only to last number of weeks and months since tant that it not do so at the expense of ‘‘further the fair, efficient and expedi- this bill has been part of the debate in its traditional missions. tious resolution’’ of workers’ appeals. the Senate. Senator STEVENS and I addressed Additionally, any changes made will I want to commend JOE LIEBERMAN. these concerns during the Govern- now be subject to mediation, unlike My colleagues should know—and I am

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.076 S19PT1 S11396 CONGRESSIONAL RECORD — SENATE November 19, 2002 sure they remember this—he intro- fire departments address the chronic Instead of focusing on the interests duced this legislation in October of last understaffing problems that plague so of the American people and those of year. The committee marked up that many local departments. The Inter- firefighters and law officers, the bill bill, I think, with just Democratic national Association of Firefighters before us contains numerous special in- votes out of the Government Affairs and the International Associate Fire terest provisions that help large cor- Committee to bring a homeland secu- Chiefs have estimated that we need at porations and do nothing to ensure the rity bill to this Chamber. least 75,000 additional firefighters in safety of the American public. In fact, I am delighted to hear that we now this country just to meet pre-9/11 staff- I believe that some of the provisions in have strong bipartisan support for this ing needs. Since 9/11, firefighter labor this bill could potentially cause harm effort. But let us be clear about the shortages have become even more of a to the public. history. The history is that JOE problem across the country. Senator One provision of particular concern LIEBERMAN offered this idea to this WARNER and I recognized the full ex- will bar parents from seeking legal re- body. It was his committee under his tent of the problem of firefighter dress from pharmaceutical companies leadership that marked up that bill and understaffing shortly after September whose drugs may have caused autism sent it to the floor on a partisan vote, 11, 2001, and we wrote legislation to in their children. Parents would be unfortunately. We are now going to help solve the problem. The amend- barred from pursuing complaints vote on it. ment I offered was based on the bill through the courts and instead would that Senator WARNER and I wrote. The I will vote for passage of the bill be- be forced into the Federal Vaccine In- amendment also built on the FIRE Act, fore the Senate today, but I will do so jury Compensation Program, which which Senator DEWINE and I authored with deep reservations. I believe that limits damages to $250,000. I have sup- the bill before us does far too little to in 2000. The FIRE Act, which became law thanks in large part to the effort of ported reasonable tort reform in the adequately protect average Americans past, but this provision changes the Senators WARNER and LEVIN, has pro- from the dangers posed by terrorists. rules in the middle of the game for peo- And regrettably, it does far too much vided more than $400 million to train and equip tens of thousands of fire- ple who are already before the courts. to protect special interests favored by Under this provision, pending lawsuits the majority party in the other body. fighters around the country. Under- staffing has become such a problem, that have absolutely nothing to do That having been said, I believe that, with homeland security will likely be on the whole, the bill will make Amer- that according to the International As- sociation of Firefighters, nearly 2⁄3 of dismissed and parents who claim their ica marginally more secure and I would children have become autistic due to rather err on the side of improving se- all fire departments cannot meet min- imum safety standards. corporate malfeasance will be denied curity than on the side of inaction. I I also attempted to offer a second their day in court. will to look for every opportunity to amendment to provide equitable pay The homeland security bill before us make improvements in Department of for federal law enforcement officers. also guts an amendment offered by Homeland Security in the months This amendment would have ensured Senator Wellstone, which would have ahead. that the federal government could re- This bill does take a step in the right prohibited the government from con- tain highly-qualified and experienced direction by creating a unified depart- tracting with companies that have law-enforcement professionals. All over ment that can focus on security. Effec- moved their headquarters overseas to the country, federal law enforcement tively reorganizing parts of the federal avoid taxes in the United States. Under officers are retiring from the federal government can improve our security. the current bill, the Secretary of service because they can make more The bill will allow the Department of Homeland Security has broad author- money working in the private sector or Homeland Security to coordinate ac- ity to contract with these corporate for state and local governments. In expatriates. This provision is a wel- tivities that have previously been con- New York, San Francisco, and Los An- ducted by two dozen separate agencies. come relief to those companies that geles, where living expenses are high, would dodge their patriotic duty at a This bill will allow the Administration the FBI reported that 65% of its agents to consolidate layers of government time of war by relocating to foreign have been on the job for less than 5 shores. and if the Administration does this years. This statistic reflects the fact well, it should improve the way our I am concerned about another provi- that experienced officers would rather sion in the bill that exempts the new government collects and shares infor- leave the Federal service than accept mation. By eliminating redundancy Department’s advisory committees transfers to these expensive cities from the open meetings requirements and conflicts within the government, where they cannot provide adequately the new department can make it easier of the Federal Advisory Committee Act for their families. (FACA). Agencies throughout govern- to identify and respond quickly to Don’t get me wrong, all of the men ment use advisory committees that threats as they emerge. and women who serve as Federal law function under open meetings rules and Further, if the Administration wisely enforcement officers do an outstanding the open meetings law is careful to pro- uses the authority granted to it in this job. But I also believe that experience tect discussions and documents that bill, it should be able to improve secu- is an invaluable asset and I think we involve sensitive information. The law rity at our borders. This bill authorizes need to make sure that the talent that the administration to completely re- comes with experience is available to currently applies to the Department of vamp our immigration and naturaliza- the Federal government. Our Federal Defense, the Department of Justice, tion services. If the Administration law enforcement services should be the State Department, the National uses this authority to truly modernize more than just a training ground—our Security Agency, and others. In my immigration services, it will be able to law enforcement officers should be view, the administration has failed to avoid problems like those we have all among the most experienced and high- make the case for exempting the read about cases where the immigra- ly skilled in the world so that they can Homeland Security Department from tion and naturalization services issued provide the high degree of protection the requirement that records for com- student visas improperly because of that the American people so rightly de- mittee meetings should make available computer errors, poor record-keeping, serve. to the public. and lax analysis of information. The bill before us would have been Another blatantly unnecessary and Still, despite these and several other far better if it had more fully addressed misguided element of the bill would constructive provisions, this bill could the critically important needs of fire- create a very narrow university-based have done more to strengthen home- fighters and federal law-enforcement homeland security research center pro- land security. For example, it could officers. Sadly, however, their needs gram. Based on the criteria outlined in have done more to foster better coordi- are all but ignored in this legislation. I the bill, the research center that would nation and to better prepare local com- intend to seek any and every oppor- be created is described so narrowly munities to respond to emergencies tunity in future to remedy this short- that it appears that only a handful of that may occur. I offered an amend- coming. A homeland security bill that universities—including Texas A&M ment that would have authorized the largely ignores the needs of these dedi- University—might qualify to host the Department of Homeland Security to cated civil servants can only be consid- center. This provision amounts to Con- establish a grant program to help local ered a partial success. gress intervening to pick winners and

VerDate 0ct 31 2002 05:21 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.080 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11397 losers in the field of science. The those provisions to help first respond- tant steps to protect our Nation from Democratic amendment would have ers are going to become the law of the the new threat of terrorism. Most of eliminated the list of highly specific land. these measures have focused on pro- criteria that appears to direct the There have been provisions passed al- tecting our Nation’s physical secu- science center program to particular ready that deal with homeland secu- rity—such as our new anti-terrorism universities. This bill would have been rity, but, unfortunately, the President laws, airport security legislation, and better if that amendment had suc- decided to sequester those funds. other initiatives to shore up our ceeded. For those who may not understand ‘‘homeland defense.’’ I invite anyone who may be inter- what sequester is, that is tantamount But we cannot, and must not, fail to ested to call up the Web site at the to a veto—about $150 million—sitting respond to the effects that the new White House to get an idea about what down there just waiting for the Presi- threat of terrorism are having on our the homeland security bill looks like. dent’s signature which would become Nation’s economic security. This is what it looks like. It is 35 pages available to deal with homeland secu- The goal of the September 11 terror- long. This is the bill the White House rity. ists was not simply to cause an enor- submitted as the homeland security But again, there are good provisions mous loss of life—it was also to derail bill. That is what you will get if you in the original Lieberman proposal and America’s economy; to undermine the call up the Web site. What we are actu- many of those provisions remain in- consumer and investor confidence that ally going to vote on is this. The bill I tact. For those reasons, despite the serves as the cornerstone of our free just showed you is 35 pages long. The fact that the bill includes a lot of enterprise system. bill we are going to vote on is 484 pages things that do not deserve to be in It is, therefore, by no means an over- long. Once the House leadership got here, and on the commitments we have statement to say that a robust Amer- their hands on this bill, it grew by 450 received from the Republican leader- ican economy, and continued American pages. Most of the extraneous material ship as well as the White House to prosperity, are as vital to defeating the scrub this legislation and get rid of a has nothing to do with homeland secu- aims of terrorists as is protecting lot of these things that have been rity. It has a lot to do with special in- American lives. added on here, I will support this bill. terests, but not homeland security. As a result of the September 11 at- But when you call up that Web site, tacks, during the past year, several When you call up that White House you might ask them where the other Web site and you ask for the bill, you critical sectors of the economy—real 450 pages are which you won’t get. estate, commercial lending, aviation, are going to get the short version, but In closing, I would have preferred to construction, and others—have experi- we are going to vote on this mon- lend my support to a more focused, enced significant disruptions because strosity of 484 pages. more effective, homeland security bill. of the difficulty in finding terrorism I am told that the White House and I tried to improve this bill, but at the others are going to clean this up in the end of the day this is the best we could insurance. By some estimates, this has coming Congress. They have a major do given the opposition we faced. I pre- cost American workers thousands of job to do. sume that this is not the last oppor- jobs and cost our economy tens of bil- There are provisions in this bill that tunity Congress will have to address lions of dollars in economic growth ac- have no bearing and no relationship homeland security. In the months tivities—at a time our economy can whatsoever to homeland security that ahead, I will continue to fight for im- surely use responsible economic stim- were stuck in here in an act of arro- provements to the department we are ulus. gance by the leadership in the other creating. I will continue to fight for The bottom line is that the insurance body. They assumed they could put cops, not corporations; firefighters, not which protects America’s buildings, anything they wanted in here and then firms. America’s security from ter- businesses, homes, and workers from send it over and we would have to sup- rorism depends on the men and women terrorist acts is no longer readily port it. Most of us know that these who wake up every morning, put on available or affordable. The impact on matters have no business being in this uniforms from state and local agencies our economy of the shortage and ex- bill. across the country, and place them- pense of terrorism insurance has been There are a number of provisions, of selves at risk for our nation. We owe detrimental. course, in the bill that Senator them—and the Americans they are According to the Real Estate Round- LIEBERMAN authored that are included sworn to protect—more than this bill table, over $15 billion worth of new real here and therefore deserving of sup- provides. But to do nothing would be to estate projects across the country have port. provide even less, and that is not wise been stalled or canceled because of a That is the quandary in which we under the present circumstances. This continuing scarcity of terrorism insur- find ourselves. There are good pieces bill is a start toward a more rational ance during the past year. here that truly deal with the necessity and effective approach to strength- The Risk Insurance Management So- of bringing agencies of Government to- ening security for all Americans here ciety, RIMS, recently released a survey gether so we can respond more effec- at home. For that reason I will support which revealed that 71 percent of its tively and efficiently to terrorists—a this homeland security bill. membership found it very difficult or matter we have to confront. But it is a THE TERRORISM RISK INSURANCE ACT impossible to obtain adequate ter- tragedy they have taken language and Madam President, I rise today in sup- rorism insurance. Also, 84 percent felt then added to it all of these other pro- port of the conference report on the that their companies were inad- visions in these 484 pages. Terrorism Risk Insurance Act of 2002. equately covered against a future ter- There are some things that are left This conference report represents a rorist attack, while nearly 70 percent out as well. I want to commend my col- truly bipartisan, bicameral com- had no terrorism coverage whatsoever. league from Maine, Senator COLLINS, promise. The Senate overwhelmingly Rating agencies like Moody’s have as did our colleague from New York, supported the underlying legislation, downgraded the credit ratings of nearly Senator CLINTON, for talking about the which I introduced, along with Sen- $5 billion in commercial mortgage absence of dealing with first respond- ators SARBANES, REID, and SCHUMER, in backed securities because terrorism in- ers. It seems unfair, to put it mildly, June of this year by a vote of 84–14. surance could not be obtained on the that we are not dealing here with the This conference report closely mir- underlying properties. police, firefighter, and emergency med- rors the Senate-passed bill, and in It has estimated that the lack of ter- ical services personnel. We’re not giv- many regards has been improved by ne- rorism insurance has caused construc- ing them the kind of support and back- gotiations with the House. tion workers to potentially lose up to ing that will be necessary if we are Late last week, the House passed this 300,000 jobs because projects couldn’t struck with another terrorist attack. conference report by voice vote. It is get financing without such insurance. I am hopeful as we reconvene the my fervent hope that the Senate will According to Edward Sullivan, Presi- 108th Congress in January that we will move shortly to support it as well. dent of the Building and Construction be getting on with the business of In the 14 months since September 11, Trades, AFL–CIO, ‘‘The unavailability doing what we can to see to it that 2001, Congress has taken many impor- of terrorism risk insurance is hurting

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.082 S19PT1 S11398 CONGRESSIONAL RECORD — SENATE November 19, 2002 the construction industry by making estate, shipping, construction, manu- Simply put, our bill would ensure the cost and risk of undertaking new facturing, and even ‘‘mom and pop’’ re- that the federal government would pro- building projects prohibitive. Building tailers require insurance to obtain vide a temporary backstop to bring projects are being delayed or canceled credit, loans, and investments nec- stability to a part of the economy that for fear that they may be future ter- essary for their normal business oper- was seriously destabilized on Sep- rorist targets. Lenders are refusing to ations. tember 11, 2001 against future terrorist go forward with previously planned So although insurance isn’t some- attacks. This is the only way to bring projects where terrorism insurance thing we can touch and feel, its avail- full confidence back into the insurance coverage is no longer available. As a ability is as vital to rebuilding our markets that are so vital to our Na- result, construction workers are losing economy in the aftermath of Sep- tion’s overall economic health. job opportunities.’’ tember 11 as bricks and beams will be This conference agreement is based Just last week, a survey conducted to rebuilding lower Manhattan. on three important principles. First, it by the New York City Comptroller But the private insurance market makes the American taxpayer the in- cited the ‘‘dramatic’’ increases in com- cannot at this time bear the full risks surer of last resort. The insurance in- mercial insurance premiums coupled of future attacks. As part of our de- dustry maintains front-line responsi- with a ‘‘significant decline’’ in the fense against terrorism, and specifi- bility to do what it does best: calculate availability of insurance since the Sep- cally to maintain the strength of risk, assess premiums, and pay claims tember 11 attacks. The comptroller has America’s economy, our government to policyholders. urged the passage of federal legisla- must share, at least temporarily, some Second, it promotes competition in tion—such as that contained in this of the risk associated with damage the current insurance marketplace. conference report. from terrorist acts. Competition is the best way to ensure Without Federal action, the General And that’s what the Terrorism Risk that the private market assumes the Accounting Office has warned that an- Insurance Act of 2002 does—by estab- entire responsibility for insuring other terrorist attack would seriously lishing a temporary Federal program against the risk of terrorism, without impact America’s economy by exposing under which the government would any direct government role, as soon as businesses and property owners to po- share the risk of future terrorist at- possible. tentially enormous losses—losses that tacks with the insurance industry for Third, it ensures that all consumers could wipe out those businesses as well up to three years. and businesses can continue to pur- In order to protect the American tax- as the businesses that insure them. chase affordable coverage for terrorist payer, federal cost-sharing would be- No one wants to think about another acts. come available only if total losses from terrorist attack. However, our free Some say such a plan would be an un- terrorist attacks exceed $10 billion in market system, in order to function ef- warranted ‘‘bailout’’ of the insurance the first year of the program. Insurers ficiently, has to factor the risk of such industry. Far from it. Not only will and policyholders would retain respon- an attack into its economic thinking. this measure be temporary, but any sibility for the initial $10 billion in The fact is, experts are estimating money the Federal Government spends losses. This industry retention in- that, should another attack com- through the program will go to victims creases gradually throughout the life parable to the September 11 attacks of terrorism, not insurance companies. of the program. take place, only about 20 percent of the For losses between $10 billion and This conference report is needed to pro- losses would be covered. This exposes $100 billion, the government would as- tect insurance consumers—consumers our economy—and our entire country sume responsibility for 90 percent of who need and deserve the stability pro- to a significant—and in the opinion of the costs. Should losses top $100 bil- moted by this conference report. many, an unacceptable level of vulner- lion, Congress would determine the ap- America will win this war on ter- ability. propriate mechanism for ensuring pay- rorism. But to do so, our economic We are here today to address this ment. front must remain strong. Preserving vulnerability. The passage of this con- For payments made by the federal the availability of terrorism insurance ference report will go a long way to- government for insured losses during will act as ‘‘homeland defense’’ for our ward calming our nervous insurance the course of a year, the Treasury Sec- economy. marketplace, and allow American busi- retary will recoup the difference be- We must remember, on September 11 nesses to continue to invest, and ex- tween total industry costs and $10 bil- the terrorists did not target just the pand—in short, to continue business as lion. The recoupment will be accom- World Trade Center and Pentagon— usual. plished through a surcharge on policy- they targeted our entire Nation. And This conference report makes sense holders. we must have a national response. This because it calls upon the Federal Gov- In order to insure that insurance con- conference report is part of that re- ernment to act only as an insurer of sumers are both adequately informed sponse. last resort. The private insurance in- and able to take full advantage of this Madam President, I would like to dustry will maintain front-line respon- program, several key consumer protec- particularly thank, of course, the sibility to do what it does best: cal- tions are included. Insurance compa- chairman of the Banking Committee, culate risk, assess premiums, and pay nies are prohibited from discriminating Senator SARBANES, for his leadership claims to policyholders. amongst consumers in their offering of and support. The insurance industry is paying off terrorism coverage. This conference re- I would also like to thank the Presi- the losses from the September 11 at- port, like the Senate-passed bill, re- dent of the United States. We would tacks, estimated to be roughly $30 bil- quires that insurers offer terrorism not be passing terrorism insurance lion—$40 billion. And the industry has coverage in all of their property and were it not for the efforts of the White made clear that despite this unprece- casualty policies during the first 2 House that weighed very significantly dented loss, it remains strong and sol- years of the program. in trying to bring this bill to closure vent. Additionally, at the time that poli- and fruition. Insurance isn’t something we think cies are offered, purchased, or renewed, This bill has been around for a long about every day, yet it is vital to the insurers must provide a clear and con- time—since October of last year. We overall health of our economy. By pro- spicuous disclosure of the premiums have dealt at a number of levels with tecting people and property, goods and charged for terrorism insurance. Insur- the physical security of our Nation services in every sector of America’s ance consumers may not be charged for since 9/11. But our Nation’s security is $10 trillion economy, insurance pro- coverage that is not explicitly complete without dealing with our eco- vides the stability and certainty re- disclosed. nomic security, and this terrorism in- quired to keep our economic engine Lastly, nothing in this legislation surance conference report is designed humming. Every prospective home- prohibits state insurance regulators to do just that. owner needs insurance to obtain a from retaining full authority to dis- As a result of the efforts of Senator mortgage from a bank. Similarly, in- approve any rates or forms that violate SARBANES, of Senator CORZINE, and of dustries as diverse as commercial real state laws. my colleague, Senator SCHUMER from

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.030 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11399 New York, Senator JACK REED of Lawranne Stewart of The House Finan- Mr. SCHUMER. Thank you, Madam Rhode Island as well as others who cial Services Committee. President. have worked on this legislation. I would also like to recognize two I thank my chairman of the Banking Additionally, I would like to thank members of the Legislative Counsel’s Committee for yielding. I want to Congressman MIKE OXLEY of Ohio, office Laura Ayoud and Paul Callen, make a few brief points both on ter- chairman of the House Financial Serv- who have performed their duties so ca- rorism insurance and on homeland se- ices Committee, and JOHN LAFALCE, pably and in a nonpartisan fashion that curity. the ranking member for their efforts is so important to the legislative proc- HOMELAND SECURITY on this front as well. ess. First, on homeland security, briefly, I thank the Members who worked so This conference report is about eco- I will vote for the bill. I think it is a diligently on this legislation. We spent nomic security. As important as our far-from-perfect measure. In fact, reor- a great deal of time on liability issues. physical security is, our economic se- ganizing the Government does not real- In the end, we were able to strike a fair curity is critically important. This ly do most of the job we need to do. It compromise. It is truly a bipartisan conference report is an important piece will not make the computers at the bill. It is bicameral in that both Cham- of ensuring our nation’s economic secu- INS put those on a terrorist watch list bers have been involved in the struc- rity. I look forward to the coming on that list. It will not make the Coast ture of this language. At lot of hours hours and days when the President will Guard patrol out to 200 miles. were spent—until the wee hours of the sign this bill into law. We are going to have to spend some morning on one particular night until 5 I yield the floor. dollars. And we are going to have to do a.m. working with the House and Sen- The PRESIDING OFFICER. The Sen- some work within the agencies after we ate staff to work out the differences ator from Maryland. reorganize them. and come to a final agreement on a Mr. SARBANES. Madam President, I So it is a first step. It is better than conference report. understand I have 15 minutes on this nothing, but I hope and pray that this I know there are those in the other bill. Nation will understand that if we just Chamber and some here who would The PRESIDING OFFICER. The Sen- do this on homeland security, and have liked this bill to become the vehi- ator is correct. nothing else, we are woefully unpre- cle for tort reform. But the reality is Mr. SARBANES. Does the Senator pared. When we come back in January, we needed to deal with terrorism insur- also seek to speak on this bill? it ought to be our highest priority. ance and this legislation does just that. Mr. SPECTER. Madam President, if I TERRORISM INSURANCE Again, I thank the President of the may respond, I will seek recognition. I Madam President, on terrorism in- United States. I have been critical of will be glad to wait until the Senator surance, I, first, thank my colleagues the President on numerous occasions. from Maryland concludes. I do intend from Maryland, Connecticut, New Jer- He deserves commendation here. But to seek recognition to speak on the sey, Rhode Island, Nebraska, and ev- for his efforts and his staff to pull this homeland security bill. eryone else who worked so long and together, we would not be talking Mr. SARBANES. Will the Senator hard on this legislation. This is vital to about a final product. I am very grate- allow us to use up the time that we our cities and our country. ful to him and to my colleagues and have on this bill—I have 15 minutes Right now, there are hundreds of staff for their work. and Senator DODD has 5 left—so we can thousands of construction jobs not I would like to particularly thank complete the consideration of that? filled because there is no terrorism in- Alex Sternhell of my staff who worked Mr. SPECTER. I would be agreeable surance. There are billions of dollars tirelessly on this product for the past to that. If I might propound a unani- worth of construction projects not year to try to get us to a point where mous consent that, at the conclusion of being undertaken because we do not we can pass terrorism insurance. the 20 minutes referred to by the Sen- have terrorism insurance. And there Again, I thank those who have con- ator from Maryland, I be recognized for are higher costs for even those who can tributed so much to this conference re- 20 minutes which I have on homeland get terrorism insurance, putting a port. security. Senator SARBANES, Chairman of the The PRESIDING OFFICER. Without large crimp in the economy. Right now, when our economy is Banking Committee, has played an in- objection, it is so ordered. valuable role. Other conferees, Sen- Mr. SPECTER. I thank the Chair. swishy soft, this insurance bill is the ators SCHUMER and JACK REED, were And I thank my colleague from Mary- shot in the arm the economy needs. critical to reaching consensus on this land. Thankfully, at this last hour, after the important legislation. Senators The PRESIDING OFFICER. The Sen- perils-of-Pauline voyage that took over CORZINE, CLINTON, and BEN NELSON also ator from Maryland. a year, this bill is about to pass this make important contributions. Mr. SARBANES. Madam President, Chamber, be put on the President’s I would also like to acknowledge the let me try to parcel out the time here. desk, and be signed into law. hard work of Senators DASCHLE and The Senator needs 3 minutes, as I un- It comes none too soon because we REID, who tirelessly shepherded this derstand it. desperately need it. We need to allow bill through the legislative process. I Mr. SCHUMER. Yes. our companies to know that if, God for- would like to thank my colleagues in Mr. SARBANES. And the Senator bid, there is a second terrorist inci- the House, MIKE OXLEY and JOHN LA- from New Jersey needs 3 minutes. And dent—we hope and pray there isn’t— FALCE. the Senator from Rhode Island? the Government will be there as a Also, Treasury Secretary Paul Mr. REED. Three minutes. backup. O’Neill and Undersecretary Peter Fish- Mr. SARBANES. That is 9 minutes. To some of the ideologues who have er and other members of the Treasury And the Senator from Nebraska, 3 min- opposed this bill, I would suggest to Department—Pat Cave, Laura Cox, Ed utes? them that the Government has always DeMarco, Mario Ugoletti—who put in Mr. NELSON of Nebraska. Yes. been behind insurance in times of war. long hours in order to ensure that the Mr. SARBANES. Madam President, I We have always had that. And this new mechanics of the Federal backstop cre- yield 3 minutes each to Senators terrorism is a time of war. ated in this conference report are SCHUMER, CORZINE, REED, and NELSON To those who say, well, let the mar- sound. of Nebraska, and reserve the other 3 ket take over, we never did that under And lastly, I would like to thank the minutes for myself. And then Senator huge and new circumstances out of the staffs of the Senate and House who DODD, I think, still has just under 5 control of individuals, without any pre- played a critical role in this conference minutes. dictive ability. So insurance companies report: The PRESIDING OFFICER. Without have no knowledge of what they face. Sarah Kline, Aaron Klein, Didem objection, it is so ordered. We are going to have to do more. We Nasanci, Polly Trottenberg of the Sen- Mr. SARBANES. I will use my time are going to have to deal with life in- ate Banking Committee. at the end. surance. We are going to have to deal Terry Hains, Robert Gordon, Charles The PRESIDING OFFICER. The Sen- with workers’ compensation insurance. Symington, Michael Paese, and ator from New York. All of these things, in this brave, new

VerDate 0ct 31 2002 05:21 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.085 S19PT1 S11400 CONGRESSIONAL RECORD — SENATE November 19, 2002 post-9/11 world, need some Government will help, I hope, to stimulate eco- the tremendous work that both Sen- help and Government involvement or nomic activity. And it certainly will ators SARBANES and DODD performed to the economy will come to a standstill. give, I hope, business men and women try to get a compromise. So I want to say, thank God we the confidence to, once again, under- The holdup on this was never about passed this bill. My city and State, take real estate projects, undertake the need to push forward to protect our many of the larger cities and States economic activity, and do those things economy, to support our industry. This throughout the country, desperately which are so essential for our contin- was about tort reform, issues that real- need it. We hope it will move to the ued economic prosperity. ly were relevant to protecting the eco- President’s desk quickly and be signed Once again, this has been a long and nomic security of the American people. into law and remove a major roadblock arduous process. It has taken months. Their tenacity, their effectiveness in on the path to recovery that this coun- It has been the result of great effort negotiating compromise has led to a try needs. and great diligence and great patience great result. I can only say congratula- The PRESIDING OFFICER. The Sen- by my colleagues, again, particularly tions to them, to the others who helped ator’s time has expired. by Senator DODD. bring it about. The President was cer- Mr. SCHUMER. Thank you, Madam I am pleased we are passing it this tainly at the forefront. President. Again, I thank the Senator evening. I hope the President will sign I hope my colleagues will support the from Maryland for his generous yield- it quickly. I hope we can get on to terrorism insurance legislation. I am ing of time. other legislation that will assist our very appreciative of the help of my sen- The PRESIDING OFFICER. The Sen- economy in a material way, in a posi- ior colleagues. ator from Rhode Island. tive way. The PRESIDING OFFICER. The Sen- Mr. REED. Madam President, I thank I thank the Senators, and I yield the ator from Nebraska. floor. Chairman SARBANES for yielding me The PRESIDING OFFICER. The Sen- TERRORISM INSURANCE time. But also I thank and commend ator from New Jersey. Mr. NELSON of Nebraska. I thank my colleagues who worked so dili- my esteemed colleague from Maryland HOMELAND SECURITY gently on this important legislation: Mr. CORZINE. Madam President, I, for the opportunity to rise today in Senators Schumer, Corzine, and Nelson too, want to speak to the terrorism in- strong support of the conference report of Nebraska, and particularly Senator surance legislation, but I also would to S. 2600. I commend Senator DODD DODD. Senator DODD really led the like to make a brief comment with re- and all those who have worked to bring charge on this important effort, and to- gard to homeland security. this together after having passed it gether with his electoral reform legis- I will be voting to support the cre- earlier. It is now a great opportunity lation, he has made major contribu- ation of the Department of Homeland for us to come back and pass it in its tions in this session. I commend him Security. Like many of my colleagues, final form. and thank him for his leadership. this was a close call. Unfortunately, It is about the economy; it is not This is a vitally important issue. there were far too many adds to what simply about insurance. The economic After September 11, the reaction of the was presented to us in this 484-page impact of the events of September 11 insurance industry to the potential of document, things that were really spe- have had a continuing devastating im- terrorist attack was contraction cov- cial interests, not the people’s inter- pact on our commercial real estate erage. Premiums went up, coverage has ests. They have been enumerated with market, mortgage lenders, the con- shrunk, and many organizations, par- regard to pharmaceuticals, colleges struction industry, the investment ticularly many properties, could not and universities, et cetera. It is unfor- community, and other segments of our secure insurance. That inhibited eco- tunate. And there are many details economy. Many of these areas have yet nomic growth, and that inhibition con- that are left out with regard to chem- to recover and do not look for recovery tinues to weigh on our economy. ical plant security, nuclear power- for a long time. This legislation, we hope, and I hope, plants, railroads, other issues that I Fundamentally, this is a jobs bill. It will go a long way to start reviving ac- think are vital. is just one small step Congress can tivity, particularly construction activ- Finally, we really have not dealt take to help stimulate our weak econ- ity and real estate activity. But the ef- with the appropriations process to omy by providing this Federal back- fects of this legislation go beyond sim- make sure that our first responders, stop—not a bailout—for catastrophic ply the property market and the real the people who really are fighting the losses resulting from acts of terrorism estate market. war on terrorism day to day have the in the future. One of the interesting aspects of the resources to do their job. It is not even It is estimated that the property 9/11 attacks was the fact that workers’ dealt with in this 484-page effort, and it damage alone from the attack on the compensation insurance was put at is a serious shortcoming. It will move World Trade Center is about $50 billion. risk because, as you realize, workers’ the ball down the field, but we are not While the carriers involved in this loss compensation, under law, must cover where we should be. We have a lot of have indicated they could cover these practically all injuries to workers. And work to do. It is unfortunate that we losses while maintaining their sol- if there is a terrorist event in a par- have done it, in my view, in a half- vency, we can only speculate as to ticular locale, it is likely that hun- hearted way here. where and when the next attack might dreds, perhaps even thousands, of TERRORISM INSURANCE come and the nature and extent of the workers could be injured. Those liabil- Madam President, with regard to ter- damages. Without this backup, all in- ities fall on very few companies. With- rorism insurance, this is about the surers providing this coverage, if they out reinsurance, those companies can- economy. It really is quite simple. This do provide it, will only risk not being not operate. was never about the insurance indus- able to respond to the next loss. In my home State of Rhode Island, try. This was about making sure that The underlying premise of insurance there is one workers’ compensation in- investments would go forward in the is the ability of the insurer to assess surance company which is actually a construction, commercial real estate the nature and the extent of the loss, quasi-governmental entity. It is sup- field. It was about making sure there applying actuarial principles, the his- ported by the State. If that company was not a tax on the consumer, on ev- torical approach to determine the like- failed, literally the State of Rhode Is- erything from whether you went to a lihood of loss, and then calculating the land would be on the hook to provide football game, or any kind of process premiums necessary to build reserves the resources to pay workers’ com- you needed to have terrorism insurance sufficient to cover that loss. Clearly, pensation claims. It would be a great to make sure that our economy is under these circumstances, without a blow to my State. working efficiently. This was missing historical perspective, there is no way This legislation also provides help since September 11. And it is abso- for insurers to realistically underwrite and reinsurance for workers’ com- lutely essential that we got to this for the risk of terrorist attack. pensation claims. So it is legislation compromise. Who among us knows where or when whose effect, and beneficial effect, will I cannot tell you, cannot tell my col- the next event might occur, what the go throughout our entire economy. It leagues, how proud I am to have seen nature of the attack might be, and

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.088 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11401 what type and extent of loss might be Senator CORZINE’s staffer, Roger Hol- today. In the interim experts believe sustained? Will it be primarily prop- lingsworth, also participated through- that a Federal reinsurance backstop of erty damage? Will it be massive loss of out. limited duration would give the insur- life in a concentrated area such as we I also want to recognize the hard ance markets the necessary time to had with the World Trade Center? Will work and the professionalism that our stabilize. it be a chemical or biological agent re- legislative counsels brought to this The conference report before us es- leased or will it be a dirty bomb? These process: Laura Ayoud from the Senate tablishes a temporary, three-year are the questions to which we don’t legislative counsel’s office, who is just backstop under which the Federal Gov- know the answers. an outstanding professional and ren- ernment will share the risk of loss The fact is, we cannot make those de- ders great service to this body, and from future terrorist attacks with the cisions without knowing what the op- Paul Callen from the House legislative insurance industry. The program is portunity will be for the next terrorist counsel’s office. Laura Ayoud stayed triggered when the Secretary of the attack. We all hope there won’t be one, up all night working on this legisla- Treasury, in concurrence with the Sec- but insurance is against that kind of tion. I simply want to underscore that. retary of State and the Attorney Gen- loss that you don’t necessarily expect We have had strong support for this eral, certifies that an event meets the but you anticipate could in fact hap- legislation from the administration. definition of an act of terrorism pro- pen. The long-term effect on our indus- The President has indicated that he vided in the legislation. try would be devastating. will sign it. The administration was in- The Terrorism Insurance Program re- I hope we will all rise today in sup- strumental in dealing with some of the quires that insurers pay a share of port of this important legislation. I objections that were actually raised losses before Federal assistance be- thank the Chair. more with respect to items that are comes available. Each insure that suf- The PRESIDING OFFICER. The Sen- not in the legislation rather than items fers losses in a terrorist attack will be ator from Maryland. that are in it. In the course of this, we responsible for paying out a certain Mr. SARBANES. Madam President, I have developed a piece of legislation amount in claims—an insurer deduct- am pleased that we will shortly, I as- which I believe will address the chal- ible—based on a percentage of that in- sume, be passing this legislation, al- lenge that confronts us. surer’s direct earned premiums from though I understand we have to go We have had troubling reports about the previous calendar year. Beyond through a cloture vote prior to reach- the availability of terrorism insurance, their deductibles, insurance companies ing the legislation itself. I wanted to and the impact of that upon the econ- will continue to have ‘skin in the underscore that this represents an ex- omy. game,’ as they will be liable for a co- traordinary effort on the part of many Since the tragic attacks of Sep- payment for additional losses. For people. I particularly recognize the tember 11th, many property and cas- losses above an insurer’s deductible, leadership my able colleague from Con- ualty insurers are excluding coverage the Federal government will cover 90 necticut, Senator DODD, provided on of losses from acts of terrorism from percent while the insurer will pay 10 this issue. We have been working at the policies they write. In those cases percent. this now for about a year. So it has where terrorism insurance is available, These provisions are intended to cre- been a long time coming. It is fair to it is often unaffordable, and very lim- ate partnership between insurers and say that we would never have reached ited in the scope and amount of cov- the Federal Government in the event this point without Senator DODD’s erage. The Banking Committee ex- that losses occur. By requiring compa- commitment to this issue and his tire- plored this issue in two days of hear- nies both to cover initial losses and to less efforts with respect to this legisla- ings shortly after the attacks, in which continue to share in additional losses, tion. we heard from Treasury Secretary this program provides the coverage and I also thank the majority leader, O’Neill, CEA Chairman R. Glenn Hub- the certainty of the Federal backstop Senator DASCHLE, who was consist- bard, insurance regulators, business while also providing incentives to pro- ently trying to get terrorism insurance and insurance leaders, and outside ex- mote a healthy private market. And legislation, despite efforts by many to perts. The testimony of these witnesses while no system is perfect, the legisla- turn it into something over and above helped to define the scope of the prob- tion grants the Treasury Secretary cer- that. lem in the insurance marketplace and tain powers, such as the ability to Senators SCHUMER and REED, our col- to shape our thinking on the appro- audit and inspect claims, that are nec- leagues on the conference committee, priate solution. essary to protect the government made significant efforts to move the The fact that so many properties are against unscrupulous behavior. It is bill forward. And also Senator CORZINE, uninsured or underinsured against the our intent that insurers do not alter although he wasn’t on the conference risk of terrorism could have a negative their behavior in an attempt to procure committee, was very closely involved effect on our economy and our recovery more value from this program than in developing this legislation. Of if there were to be another terrorist at- they would otherwise receive from the course, Chairman OXLEY and Congress- tack. In the event of another attack, course of their natural business prac- man LAFALCE, our colleagues in the many properties would have to absorb tices. House, were obviously instrumental in any loses themselves, without the sup- In addition to limiting the exposure moving the legislation through the port of insurance. As a result, the GOA of individual insurance companies, the other body. has observed, ‘‘another terrorist attack legislation also includes certain mech- I also want to take a moment to un- similar to that experienced on Sep- anisms to limit the exposure of the derscore the outstanding work done by tember 11th could have significant eco- Federal Government, first by requiring staff on this legislation. We come to nomic effects on the marketplace and the insurance marketplace as a whole the floor and, of course, Members are the public at large.’’ to absorb a prescribed amount of any deeply involved. And I particularly un- But even in the absence of another terrorism losses—$10 billion for year 1; derscore Senator DODD’s efforts in this attack, the lack of insurance can $12.5 billion for year 2; and $15 billion regard. But there are staff who back us hinder economic activity. The GAO has for year 3—and second, by capping all up. found example of ‘‘large projects can- total losses covered by the program at I particularly want to recognize from celing or experiencing delays . . . with $100 billion per year. Any Federal pay- the Banking Committee staff Sarah a lack of terrorism coverage being ments made before the prescribed in- Kline, Aaron Klein, and Alex Sternhell, cited as a principal contributing fac- surance marketplace retention is who worked literally day and night on tor.’’ reached must be recouped by the Sec- this matter. Also Steve Harris, Marty Most industry observes are of the retary of the Treasury through a pol- Gruenberg and Steve Kroll, and the opinion that, given time, the insurance icyholder surcharge. staff of our conferees: Didem Nisanci industry will develop the capacity and One of the guiding principles of this from Senator REED’s office, and Polly the experience that will allow them to bill is that, to the extent possible, Trottenberg from Senator SCHUMER’s underwrite the terrorist risk. However, state insurance law should not be over- office; and while he was not a conferee, those conditions do not appear to exist ridden. To that end, the bill respects

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.091 S19PT1 S11402 CONGRESSIONAL RECORD — SENATE November 19, 2002 the role of the state insurance commis- work. I mentioned MIKE OXLEY of Ohio, There were many warning signals sioners as the appropriate regulators of chairman of the House Banking Com- available. Osama bin Laden was well policy terms and rates. Each state mittee, and JOHN LAFALCE. JOHN LA- known for his jihad against the West, commissioner currently has the re- FALCE and I were elected to Congress against our values, against our civiliza- sponsibility to ensure that insurance together back in the 1970s. He has made tion. Osama bin Laden was indicted for rates are not inadequate, unfairly dis- a decision to retire from his service in killing Americans in Mogadishu in criminatory, or excessive, and this leg- the Congress. I thank him for a re- 1993. Osama bin Laden was indicted for islation does not change that responsi- markable record of public service over blowing up the U.S. embassies in Africa bility. the more than 21⁄2 decades. in 1998. He was known to have been in- At the same time, in order to ensure I also thank some of the White House volved with al-Qaida and the terrorism that the Federal program will work as staff in addition to our own staff here. against the destroyer Cole, and he had intended, certain Federal requirements I include all the names in the remarks made his announcement of his world- are needed to ensure that consumers of I have already submitted. I want to wide jihad. terrorism insurance will benefit from thank Nick Calio and Matt Kirk of the But the United States has histori- this program. White House legislative operations. I cally been reluctant to take preemp- For example, insurance companies commend them for their efforts. tive action. We did little in responding will be prohibited from discriminating They helped to broker this final to the attacks on the embassies of Au- amongst their policyholders by picking agreement. You need to have people at gust 20, 1998. When we sent a missile to and choosing which ones to cover for the executive branch who are willing to Afghanistan, it went to an empty fac- terrorism. The bill requires that insur- try to put pieces together. They are tory. When we put a missile in a fac- ance companies must offer terrorism two very professional staff people. The tory in the Sudan, it may or may not coverage in all of their property and President is fortunate to have them have been a factory with chemical casualty policies during the first two working with him. I know that in the weapons. But then, with the events of years of the program. The Secretary process of doing so, they disappointed 9/11, it became apparent that we had to has discretion to extend their impor- some. I know how they strongly agreed respond, and we had to respond very tant requirement to the third year of with some of the people they dis- dramatically and emphatically. the program. appointed on substantive matters but Senator LIEBERMAN and I introduced In addition, insurers must provide believe they are serving their President legislation on October 11, 2001—exactly policyholders with clear and con- and the country well in coming to a 1 month after the 9/11 attack. It was spicuous disclosure of the premium final conclusion that is fair to all. I apparent to many of us at that time charged for terrorism coverage and the thank them for their professionalism that we needed to have an office of existence of a sizeable Federal back- and straightforwardness in dealing homeland defense and a Secretary with stop. This disclosure is intended to en- with these difficult matters. power to deal with the many agencies hance the competitiveness of the mar- I thank Senator DASCHLE and Sen- that would be involved. First and fore- ketplace by allowing consumers to ator LOTT for their leadership as well. most among those agencies, in my comparison-shop for the best rate on Both leaders have done a very fine job. view, was the coordination of activities terrorism insurance. In addition, the Mark Childress of Senator DASCHLE’s among our intelligence agencies. disclosure is intended to make policy- staff was tremendously helpful on this When I was chairman of the Intel- holders aware that the Federal Govern- legislation. Senator SARBANES is abso- ligence Committee in the 104th Con- ment will be sharing the costs of ter- lutely correct that we don’t often give gress, I introduced legislation in 1996 to rorism losses with their insurers, to those staff members who put in count- bring all of the intelligence agencies help the policyholders assess the appro- less hours on matters like this the under one umbrella, under the Director priateness of the premium being of- credit they deserve. But were it not for of Central Intelligence. That had been fered. Mark and Senator DASCHLE’s other the spot that was supposed to coordi- Moreover, the bill ensures that the staff members working with Alex nate all of the intelligence activities. State regulators and the Federal Gov- Sternhell of my office, and Senator But the fact of the matter was that ernment will have access to the infor- SARBANES’ staff, we would not have the Director of the CIA did not have mation needed to assess the impact of been able to achieve this result. that authority because there were too this program on insurance consumers. This conference report is about eco- many independent agencies—the De- The Secretary is required to compile nomic security. As important as our fense Intelligence Agency, the National annually information on the terrorism physical security is, our economic se- Security Agency, the counterintel- risk premiums being charged by insur- curity is critically important. This ligence of the FBI, intelligence units in ers]. conference report is an important piece the State Department, and intelligence This is a limited bill in duration. Of of ensuring our nation’s economic secu- units spread throughout the Govern- course, the objective is that by the end rity. I look forward to the coming ment—and there were fierce battles on of that time, the insurance market will hours and days when the President will turf, and the coordination was not un- have come fully back into play and sign this bill into law. dertaken. that these matters can be dealt with in I yield the floor. As a result of not having all of the a more traditional way. Mr. SPECTER. Madam President, I intelligence agencies under one um- But as the Senator from Connecticut have sought recognition to comment brella, the United States paid a very has pointed out frequently, as we have about the legislation on homeland se- heavy price. It is my view that had all addressed the issue over the course of curity, which I believe the Senate is of the dots been on the board, had this last year, we face extraordinary about to pass. It has been accurately there been coordination at all of these circumstances created by the risk of characterized as historic legislation. It intelligence agencies under one um- terrorism. This legislation represents a reorganizes the Government of the brella, we might well have prevented reasonable and rational response to United States of America to meet the September 11. this challenge. threat of terrorism. After the fact, we learned that in I urge my colleagues to support this On September 11, 2001, this country July there was a very important FBI legislation. sustained a devastating loss, a loss report coming out of Phoenix, AZ, The PRESIDING OFFICER. The Sen- deeply emblazoned on the minds of all about a suspicious man taking flight ator has used 2 minutes. Americans. With the attacks on the training, and he had a big picture of The Senator from Connecticut. World Trade Center, the attack on the Osama bin Laden in his living quarters. Mr. DODD. I have 2 minutes remain- Pentagon, and the plane that went That memorandum was buried some- ing? down in Somerset County, PA, it was where in the FBI headquarters. We The PRESIDING OFFICER. Two and obvious that we faced a very extraor- found out after the fact that the CIA a half minutes remaining. dinary threat. had information on two al-Qaida Mr. DODD. Madam President, let me We should have taken action against agents at Kuala Lumpur. The CIA did again thank my colleagues for their al-Qaida long before September 11. not tell the FBI or the Immigration

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.032 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — SENATE S11403 and Naturalization Service that those vening, but to press a substantive gered. That model could have been ap- agents came into the United States, amendment would have sent the mat- plied to the other five chapters on and they were two of the suicide bomb- ter back for a conference, and it would flexibility. ers on 9/11. have delayed the matter perhaps as The Subcommittee on Labor, Health, There was information about a man long as April of next year. Human Services, and Education will named Zacarias Moussaoui. The FBI I had a long discussion on this mat- schedule hearings promptly when we field office in Minneapolis made an ef- ter with homeland security adviser, reconvene the 108th Congress to go into fort to get a warrant under the Foreign former Governor Tom Ridge, and these issues, to have a thorough airing, Intelligence Surveillance Act. They pressed the point. Then I discussed the have people from the Office of Per- never got the warrant. They were using matter with Vice President CHENEY sonnel Management come in and ex- the wrong standard. They were using a and sought some sort of a commitment plain what they need; to have labor standard of probable cause of 51 per- that the administration would look fa- representatives come in and explain cent. The FBI agent testified that the vorably upon this kind of an amend- what they have in mind, in order to U.S. attorney in Minneapolis thought ment when we reconvened. The Vice work out an accommodation which is he had to have a 75- to 80-percent prob- President said he could not speak for satisfactory for all parties to maintain ability. the President. I talked to President a high level of morale. The fact is that, under the law, Gates Bush, who urged me not to press the We also have to be concerned about v. Illinois, an opinion by Justice amendment, and I told him I would not provisions in this bill which could have Rehnquist—now the Chief Justice, then because I did not want to tie up the the effect of trampling on civil lib- an Associate Justice on the Court— bill. I did not want to put on a sub- erties and constitutional rights. There says that probable cause is judged by stantive amendment that would have is no doubt about the danger posed by the totality of the circumstances and required a conference. al-Qaida, but there is similarly no suspicion, and had the warrant been Early in the 108th Congress, I will doubt that we cannot give up our civil obtained under the Foreign Intel- refile that amendment to give the Sec- liberties and our constitutional rights ligence Surveillance Act, the computer retary of Homeland Security the au- in our efforts to combat al-Qaida. If we of Zacarias Moussaoui was a virtual thority to direct these agencies be- do that, if we give up our civil lib- treasure trove of information. cause I am still concerned about their erties, al-Qaida would have, in effect, Then a man named Murad, a Paki- turf battles. Turf battles in Wash- won. stani, a member of al-Qaida, gave a ington, DC are endemic and epidemic. There is an ongoing responsibility for statement in 1995 that al-Qaida had It is too serious a matter to engage in oversight, and that responsibility will plans in 1995 to load explosives on an turf battles any longer. Now is the fall on the shoulders of the Govern- airplane and fly them into the White time where we have to use all of our re- mental Affairs Committee and the Ju- House or into the CIA. Then you had sources to prevent another attack. diciary Committee to see to it that the the experience with the trade towers We have made very significant ad- detention of aliens is based upon some themselves, attacked in 1993 by al- vances on a number of lines—on the reason; to see to it that if American Qaida’s agents. They had made an ef- Border Patrol, the Immigration and citizens are tried in a military court fort to blow up one of the towers to try Naturalization Service. We put up $3 that there is an observance of constitu- to topple into the other tower to de- billion last year on serums to deal with tional rights. There is grave concern in stroy them both. It was known that smallpox and anthrax, such as Cipro. America that we be protected from an- they were very unhappy about their That came through the Subcommittee other terrorist attack, but there is also failure. on Labor, Health, Human Services, and grave concern that we be careful in the So the risks were present, but there Education. Senator HARKIN, then the preservation of our civil liberties. was not coordination. We didn’t bring chairman, and I, ranking member, took Madam President, how much of my 20 all of those dots onto one screen. When the lead in putting up that money. All minutes remains? FBI Director Mueller testified before of these precautions in building up the The PRESIDING OFFICER. Six min- the Judiciary Committee in early hospital infrastructure and giving as- utes and 26 seconds. June, I asked him about all of these sistance to the fire departments is Mr. SPECTER. Madam President, I facts and concluded that there was a vital. Having coordination with Fed- notice the Senator from Connecticut veritable blueprint had all of these dots eral, State, and local authorities is has come to the Chamber. In his ab- been put together. That is what we vital, but if we have to respond to an sence, I had commented that the Sen- have an opportunity to do now with attack, if we do not prevent an attack, ator from Connecticut, Senator homeland security, under the direction then we will be in very bad shape. That LIEBERMAN, and I, had introduced of the Secretary of Homeland Security. is why I do believe our efforts have to homeland security back on October 11, I had submitted an amendment, be directed to preventing another at- 2001. which would have given the Secretary tack. There was resistance in many quar- greater authority than is present in I discussed also with the administra- ters to having a Department of Home- the existing bill. The Secretary of tion, with Governor Ridge, Vice Presi- land Security. Governor Ridge, at that Homeland Defense, under the existing dent CHENEY, and President Bush the time, and I had discussed the matter. I legislation, may request that the agen- labor-management relations issue. I have worked very closely with Tom cies coordinate, but the Secretary does believe we could have worked out an Ridge for many years—12 years in the not have the authority to direct, and I accommodation which would have been Congress and two terms as Pennsylva- believe that is a significant failing in satisfactory to all parties. nia’s distinguished Governor. Governor this bill. When we had the amendment offered Ridge said he was sure the people When the House of Representatives by the Senator from Nebraska, Mr. would not say no to the President; he passed a homeland security bill last NELSON, cosponsored by Senator could walk down the hall, and he could Wednesday and, in effect, left town, CHAFEE and Senator BREAUX, there was solve the problems. sending a bill to the Senate, it was initial confusion as to whether the two I had a view, having been chairman pretty much a matter of take it or paragraphs of the Breaux amendment, of the Intelligence Committee and leave it. If I had pressed my amend- which incorporated the so-called knowing what goes on in the CIA, that ment to do what I thought was a very Morella amendment from the House it was not going to be that easy; that important improvement, to give the bill, was in place of, substituted for, or the man in charge of homeland secu- Secretary authority to direct all of in addition to. rity really needed some muscle. these agencies, the bill would have had In a colloquy with the distinguished Having worked on the Judiciary to go back to conference, and the Mem- Senator from Connecticut, we estab- Committee chairing the oversight com- bers of the House of Representatives lished the amendment was in addition mittee on the FBI, I knew the problems had dispersed. They are present only in to and did not remove the President’s there. I knew the turf battles, and I pro forma session. They can take some national security authority to take thought the adviser in charge of home- technical amendments without recon- steps if national security was endan- land security needed some muscle.

VerDate 0ct 31 2002 03:58 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.095 S19PT1 S11404 CONGRESSIONAL RECORD — SENATE November 19, 2002 Senator LIEBERMAN and I constructed appointment of conferees, and great In my judgment, it is not even a that bill, when we had hearings. We re- delay. It could have been delayed until close call at this point. We have to introduced an updated version last April. have a Department of Homeland Secu- May, and it has had a number of devel- We have been asked a lot of questions rity to protect America. opments. I do believe it is going to be about this. Yesterday in Pennsylvania necessary to revisit some provisions. I in a number of meetings, a number of Again, I compliment my colleague mentioned two—the authority of the people asked me about it. I told them from Connecticut. I compliment the Secretary to direct the intelligence about the old statement: You never Senator from Tennessee, Mr. agencies to consolidate under one um- want to see legislation or sausage THOMPSON, for the tremendous job he brella, and a refinement of some of the made. If you saw what the House of has done on the bill, and the Senator provisions on labor-management rela- Representatives did, the bill they sent from Texas, Mr. GRAMM, and his swan tions. over here and some of its provisions song. It is a tough legislative battle, Then the House of Representatives gave sausage a bad name. But we are but before the stroke of midnight, I be- passed a bill on Wednesday and sent it going to work through it. We are going lieve we will have moved ahead. I am to the Senate on Thursday. Senator to pass the bill. told by the White House that the Presi- LIEBERMAN offered an amendment to It is not unusual for the Congress, for dent intends to sign this bill early next strike which was voted upon earlier the Senate to be confronted with a bill week. He is not going to let any grass which has a lot of clunkers, which has today. grow under anybody’s feet. We are I agreed with a great deal of what a lot of problems, a lot of major dis- going to do our best to protect America Senator LIEBERMAN had to say. I felt it advantages. Then we have to make a necessary to vote against Senator public policy determination as to and try to prevent another terrorist at- LIEBERMAN’s amendment because that whether the advantages outweigh the tack. would have called for a conference, the disadvantages. I yield the floor.

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

VerDate 0ct 31 2002 05:21 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 8633 E:\CR\FM\G19NO6.098 S19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2089 EXTENSIONS OF REMARKS

ESSAY BY RACHEL SPELLMAN about how great it would feel to pull my hair pany, a division of Pacific Coast Building back into a ponytail and not have a wig fall Products, Inc. Through his trademark hard off. Flowing. Like the little mermaid, her work and dedication, David was named the HON. JOHN B. LARSON long hair dancing about her as she swims. OF CONNECTICUT Yeah, that’s it, I want to be Ariel. It really Chief Financial Officer for Pacific Coast Build- IN THE HOUSE OF REPRESENTATIVES would be great. In gym class the kids are ing Products in 1979. Under his leadership, Tuesday, November 19, 2002 sweeping past, I am unable to keep up. My Pacific Coast Building Products was awarded skin is scarred. My hands are wrinkly. I am the prestigious ‘‘Best in the Business’’ award- Mr. LARSON of Connecticut. Mr. Speaker, I constantly being mistaken for 10 when actu- ed by the Sacremento Chamber of Com- rise today to insert an essay by one of my ally being 14. The list could go on forever. merce. In addition, the company was also re- constituents, Ms. Rachel Spellman, into the But what hurts the most is not having a cently recognized as one of the ten Most Ad- CONGRESSIONAL RECORD. Rachel’s eloquent friend to talk with. No one ever takes me se- mired Companies in the Sacramento area. remarks regarding her struggle with cancer riously. I often blame this lack of true com- panions on cancer. I find my favorite part of Perhaps, most impressively, the company has have been an inspiration to me and I believe maintained a regular presence on the influen- that we all can benefit from her positive out- the day is coming home. I finally get to re- move the things that I use to try to fit in tial Forbes 500 list under David’s tenure. All in look and the thankfulness with which she and appear normal. Shut the front door, take all, David has steadfastly represented the in- greets each day. Therefore, Mr. Speaker, I off the heeled shoes, remove the itchy wig to terests of Pacific Coast Building Products with would urge my colleagues to read this won- reveal my short dull brown wisps, and slip great honor and results for the past three dec- derful essay and join me in saluting Rachel for into some comfy clothes that are more me. I ades. her strength in her battle with this disease. feel like a player exiting the stage. Remov- Aside from his contributions to Pacific Coast ing my costume, I shake off the character of I CAN BREATHE the day. On stage, I must hide my true emo- Building Products, David has also offered his (By Rachel Spellman) tions and let this other character shine valuable services to a number of worthy com- You have cancer. Imagine hearing that. through. I get so good at it, I even fool my- munity organizations. David has been a long You have cancer. I was only two and didn’t self. time member of the Big Brother/Big Sisters understand. Everyone has to go to the hos- However, the tears are real; that is irref- Foundation. In addition David has also been a pital everyday and get tested, pricked, poked utable. That is when I know I have stopped member of the Sutter Club, California State and x-rayed, right? I hadn’t the faintest idea pretending. Show’s over. My mother, a University Sacramento, the Sacramento Busi- how in danger my life was. I am glad I was strong and inspiring woman, has always been ness Advisory Board, and a Board of Trustee so young and naive, so I didn’t emotionally there to for me, but this need to connect fall apart. But it does bother me that I can- with peers is overwhelming. Sometimes, I member to the Sacramento Regional Founda- not remember anything. Only little flash- feel guilty for my emotions. There are so tion and Sacramento Neighborhood Housing backs and stories from my parents can evoke many amazing things about life! What right Service. David is also associated with Suc- the slightest hint of a memory. I am fighting do I have to feel like this? I am selfish. I’m ceed Catholic Social Service. an emotional and sometimes a physical bat- alive, aren’t I? Survivor guild perhaps. My It is not surprising that David has been tle everyday. I learn to take one day at a mother says its OK to be upset. I guess I be- widely recognized for his involvement in the time. I can do it. Just one day at a time. lieve her. Juggling these feelings and those community. In 1996, David was named by the Having lived with cancer has taught me of a regular teenager can get very nerve Sacramento Diocese as the Distinguished many of life’s hard lessons. I feel an immense racking. I’m not sure of too much, but I appreciation for life itself. Just being alive. know one thing. It’ll take time. Just time. Catholic School Graduate of the year. Earlier Now, eleven years in remission, I know how One must remember that painful days will in 1993, David was appointed by Governor lucky I am and I am so very grateful for my pass. Often they pass too soon. Waste not Pete Wilson to serve on the California Con- second chance. My experience has taught me your time here; we live in a wonderful place. tractors State License Board. In 1997, David to believe in something stronger than my- Smile. Take pleasure in the simple things and his wife, Chris, were the proud recipients self. I learned to have hope and faith during and see the complicated ones as a challenge, of the Philanthropist Couple Award in recogni- hard times. One must slow down to notice a new journey. The little stresses of each day tion for all their charitable work over the years. the small things and how simply pure and should be seen as a comedy of errors; enjoy Dave’s unparalleled success in the board- wonderful they are. Even those little, annoy- your mistakes and remember to keep your ing things you know you wouldn’t have any life in perspective. Above all, love. Love sim- room and in the community truly makes him other way. ply the fact that you are here, and that when one of Sacramento’s most accomplished and The doctor called my parents three days you awake each morning, you can breathe. treasured citizens. His commitment to help early and he said to come in right away. It’s For your breath might stagger occasionally, others is a shining example to everyone who not important. I had myelodysplasia, a ma- but you’re still going. In. Out. In. Out. One follows his leadership. lignant disease of the bone marrow cells. day at a time. In. Out. In. Mr. Speaker, as David Lucchetti’s friends Chemotherapy and radiation were not enough. I needed a bone marrow transplant. f and family gather for his honorary luncheon, I Allyson, my sister, was a match. I was very am honored to pay tribute to one of Sac- lucky. It is very hard to find donors. The TRIBUTE TO DAVID LUCCHETTI ramento’s most honorable residents. His suc- procedure hurt her more than it hurt me. I cesses are considerable, and it is a great was in the hospital for about 4 months HON. ROBERT T. MATSUI honor for me to have the opportunity to pay straight. The next year I was in, on and off, OF CALIFORNIA tribute to his contributions. I ask all my col- for follow up. I had an IV put in my chest to IN THE HOUSE OF REPRESENTATIVES leagues to join with me in wishing David put meds, and sometimes food, through. I Lucchetti continued success in all his future still have a scar on my neck and chest from Tuesday, November 19, 2002 it. I was on immunosuppressive drugs for 8 endeavors. years, until I was 10. An endless list of pills Mr. MATSUI. Mr. Speaker, I rise in tribute to f and liquids to take everyday. I am now doing David Lucchetti, one of Sacramento’s most much better and only go to the hospital outstanding citizen leaders. David is retiring TRIBUTE TO THE HONORABLE about every three months or so. It’s very after many years of wonderful contributions to SANDRA L. KOFFMAN hard to listen to people tell me about their the Sacramento Neighborhood Housing Serv- little cuts and bruises when I know the ice Board of Trustees. As his friends and fam- HON. SAM FARR things that really do hurt. ily gather to celebrate David’s numerous I often feel alienated and different. OF CALIFORNIA ‘‘Friends’’ do not understand me, but I really achievements, I ask all of my colleagues to IN THE HOUSE OF REPRESENTATIVES join with me in saluting one of Sacramento’s shouldn’t expect them to. That doesn’t make Tuesday, November 19, 2002 it any easier. I am so different. Girls talk of most accomplished citizens. their highlights and sloppily braid each oth- David began his illustrious career in 1970 Mr. FARR of California. Mr. Speaker, I rise er’s hair. Looking in the mirror, I think when he was hired by Anderson Lumber Com- today to recognize a very special woman, 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 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.000 E19PT1 E2090 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 Honorable Sandra L. Koffman, the Mayor of peace, Mr. Abba Eban. In nearly a half-cen- Most notably, his tenure here has been Pacific Grove, California. Sandy, as she is tury of service as Israel’s premier diplomat, marked by his consistent willingness to put known throughout town, has been a true lead- Mr. Eban played a critical role in securing the aside partisan differences in effort to find rea- er in Pacific Grove and in the wider Monterey future of his embattled nation and in defending sonable and worthwhile solutions. Bay region. As she steps down after four con- democracy in the Middle East. News of his I recently had the privilege of working with secutive terms as Mayor, I want to take this passing Sunday grieves all those who knew TIM on a matter that we both considered to be time to honor her public service. I think it is him and knew his historic work. very important, the Adams Memorial, which particularly important that this House, at the My wife and I had the honor of first meeting will honor our second president, John Adams, pinnacle of American democracy, honor the Abba Eban nearly four decades ago. Even at and his wife, Abigail. As the ranking member fundamentally important role that local elected this early stage in his extraordinary career, he of the Resources Committee, which passed officials such as Mayor Kaufman play in the had distinguished himself as one of the most the bill out, I’m proud to say that President governance of our great nation. Local politics passionate, articulate and compelling voices Bush signed the bill into law last year. Simi- is the foundation on which our nation rests. on the world stage. In introducing President larly, just the other day, the House passed Members of Congress simply stand on the Harry S. Truman to Israel’s future leaders, Mr. legislation approving the Secretary of the Inte- shoulders of the Mayors, City Council mem- Eban helped forge a partnership between our rior’s decision on placement of the memorial. bers, County Supervisors, School Board Mem- two countries that has grown only stronger Mr. Speaker, TIM is the embodiment of the bers, and the other local elected office holders with the passage of time. Throughout Israel’s true civil servant who interrupts his career in who give so generously of their time to make struggle to survive, Abba Eban provided the order to serve his Nation. And when his serv- our communities work. Sandy is just such a words that emboldened the Israeli people and ice is complete, he simply chooses to return to local official. She is the kind of leader who is persuaded the world. Perhaps his finest mo- private life as still a young man with great po- the first to arrive, the last to leave, and is al- ment came in 1967, when he addressed the tential for even more achievement. ways there with persistence and energy to United Nations in a heroic and spirited de- While we here will miss TIM and his valu- move Pacific Grove forward. fense of Israel’s right to exist. Israel’s contin- able contributions, we wish him well as he re- Sandy was born and raised in Chicago, Illi- ued survival is the lasting legacy of his immor- turns to private life, and most importantly, to nois. After college, Sandy made her way to tal words. his wife and their children. California where she began a career in retail- Abba Eban’s Churchillian orations at the f ing in the Los Angeles area. Sandy and her United Nations are the stuff of legend, cap- RECOGNIZING LIEUTENANT husband Dan moved to Pacific Grove in 1990, turing the spirit of a brave nation and capti- COLONEL GARY WOODWARD where she immediately became active in the vating an anxious world. He instilled pride in community, serving as a docent for the Mon- all who shared his vision of a free and inde- HON. DAVID L. HOBSON terey Bay Aquarium, cofounding Pacific Grove pendent homeland for the Jewish people—and OF OHIO Eco-Corps in 1991 and the Pacific Grove he earned the respect of all who did not. If the IN THE HOUSE OF REPRESENTATIVES Residents Association in 1993, and partici- pen is mightier than the sword, than Abba pating in the Pacific Grove Chamber of Com- Eban’s eloquence was among the strongest Tuesday, November 19, 2002 merce and many other local, national and weapons in Israel’s arsenal. He personified his Mr. HOBSON. Mr. Speaker, I rise today in international organizations. In 1994, the citi- nation’s fearless quest for peace. recognition of my constituent, Lieutenant Colo- zens of her adopted city elected Sandy their Abba Eban was also a character the likes of nel Gary Woodward, U.S. Air Force Reserve, mayor. whom the world may never again know. His who will be retiring on November 30th of this Since her election as mayor, Sandy has brilliant intellect, cosmopolitan style and biting year. contributed in numerous ways to the improve- wit cast him as the consummate diplomat. He Col. Woodward began his service as a ment of Pacific Grove, including protection of was the picture of professionalism. But behind member of the Ohio Air National Guard, USAF the environment, preservation of historic this polished public persona was a human Security Police (Air Police) and was a grad- homes, and revitalization of the downtown being who, like his countrymen, struggled to uate of the first class of the ANG Academy of business district. Sandy has led the City live in peace and with dignity. Military Sciences (NCO Academy) at the Council effectively through major projects, in- Reflecting on the life of Abba Eban, we bet- McGhee-Tyson Air Force Base in Knoxville, cluding a new Youth Center, restoration of his- ter understand that a nation’s greatness is de- Tennessee. toric City Hall and an addition to the Civic fined not by the strength of its arms or the ex- He was commissioned a Second Lieutenant Center, approved plans for affordable housing tent of its wealth, but by the virtues of its peo- in 1972, and named Commander of the 178th for senior citizens, and a comprehensive ple. Abba Eban was indeed a great and vir- Security Police unit at Springfield, Ohio. In sewer maintenance and improvement project. tuous man, a most fitting emissary of a great 1974, Lt. Woodward’s unit was mobilized to Sandy has been a highly public, accessible and virtuous people. Let us commemorate his provide humanitarian support to the Xenia tor- and outgoing Mayor, spending countless hours life by leading our own as he led his. nado disaster. Under his leadership, this unit with all segments of the community to build f was awarded the Air Force’s Outstanding Unit consensus and bridges of understanding, and Award, recognized for its excellent support to has unfailingly conducted meetings with a TRIBUTE TO THE HONORABLE TIM the Ministry of Defense in the United Kingdom skillful combination of cordiality and focus. She ROEMER concerning a number of successful European has participated actively in regional planning deployments, and also was recognized for its and policy-making as Pacific Grove’s rep- HON. NICK J. RAHALL II outstanding inspection ratings. resentative to the Fort Ord Reuse Authority OF WEST VIRGINIA In 1993, Lt. Col. Woodward was promoted and other organizations, and has worked IN THE HOUSE OF REPRESENTATIVES to his present grade and awarded the USAF Commendation Medal. In 1995, he was recog- closely and effectively with the other mayors Tuesday, November 19, 2002 on a wide range of countywide issues. nized for his professionalism and outstanding On behalf of this House I want to commend Mr. RAHALL. Mr. Speaker, I rise today to support to the Space and Missile Center, Los Mayor Koffman for her dedicated service and pay tribute to one of the most highly regarded Angeles AFB, and three years later the U.S. call on her to continue her good work on be- members of the House of Representatives, the Secretary of Defense acknowledged Lt. Col. half of the people of Pacific Grove and the ranking member of the Subcommittee on Se- Woodward’s leadership as the Project Officer United States. lect Education, TIM ROEMER, from Indiana’s for the National Defense Conference at f Third District. Wright-Patterson AFB. Identified as mission As David Broder, the esteemed Washington critical and extremely valuable to the USAF, TRIBUTE TO ABBA EBAN journalist wrote of TIM, he is ‘‘ending a sin- Lt. Col. Woodward was selected and approved gularly useful House career by retiring.’’ to continue service beyond his retirement HON. TOM LANTOS Throughout his 12 years as a member of date. OF CALIFORNIA the House, TIM has focused on important mat- During all of this, Lt. Col. Woodward had a IN THE HOUSE OF REPRESENTATIVES ters aimed at improving our way of life such successful, 25-year banking career and served as education and the AmeriCorps program. on the Fairborn City Council. He and his wife, Tuesday, November 19, 2002 Likewise, he brought his considerable talents Diana, still reside in Fairborn, and are the Mr. LANTOS. Mr. Speaker, I rise today to to bear as a member of the House Permanent proud parents of two daughters, Elizabeth and pay tribute to a fallen hero in the cause of Select Committee on Intelligence. Melody.

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.003 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2091 As a former member of the Ohio Air Na- TRIBUTE TO VALERIE a longtime reader and frequent subject of Mr. tional Guard, I am proud to come to the floor DOMBROWSKI Colwell’s pieces, I have marveled at his ability to recognize Lt. Col. Gary Woodward’s service to inform and entertain, report the facts while to his nation, his community and his family, HON. JANE HARMAN also providing the broader context of an issue, and congratulate him on the occasion of his OF CALIFORNIA and share his knowledge with a characteristic modesty, humor, and respect for the political retirement. IN THE HOUSE OF REPRESENTATIVES process. Tuesday, November 19, 2002 Although Hoosiers now proudly claim him as f Ms. HARMAN. Mr. Speaker, I rise today to one of their own, Mr. Colwell originally hails from Ottawa, Illinois. Upon graduation from the RECOGNIZING THE HARTFORD pay tribute to the distinguished life and career University of Illinois College of Journalism, he PUBLIC LIBRARY of a constituent and community leader, Re- dondo Beach School Board Member Valerie began his professional journalistic career at Dombrowski, who passed away on November the Champaign-Urbana Courier. Later, Mr. HON. JOHN B. LARSON 11, 2002. Colwell honed his journalistic skills while serv- Valerie served the city of Redondo Beach ing our country in the United States Army as OF CONNECTICUT as a dedicated school board member for twen- the editor for the Fifth Army newspaper. Upon completion of his service, he joined the South IN THE HOUSE OF REPRESENTATIVES ty-five years. She was a tireless advocate for special and fine arts education. Among her ac- Bend Tribune as a night police reporter. In Tuesday, November 19, 2002 complishments are the equalization of funding 1964, Mr. Colwell assumed the position of po- for girls’ and boys’ sports programs and the litical reporter for the Tribune—a post he has Mr. LARSON of Connecticut. Mr. Speaker, I procurement of musical instruments for chil- held ever since. rise today to pay tribute to the Hartford Public dren who could not afford them. Over the course of his 38 years covering Library as one of only six recipients of this Her dedication served the students in the politics, Mr. Colwell’s relentless pursuit of polit- year’s National Award for Museum and Library community while gaining her respect from oth- ical news led to coverage of every major politi- Service. ers who were impressed by her resolve to cian in Indiana, 20 national political conven- fight for causes she thought worthy. As a tions, and too many local, state, and national The Hartford Public Library’s Chief LIbrar- elections to count. His distinguished career in ian, Ms. Louise Blalock, and the Board Presi- woman who always spoke her mind and asked the tough questions, she was the voice journalism earned him numerous writing dent, Mr. Paul Shipman, recently attend an of the teachers, parents, and administrators in awards from the Hoosier State Press Associa- awards ceremony at the White House during the district. tion and the Indiana Associated Press Man- which First Lady Laura Bush presented them While being a matriarch of the Redondo aging Editors. with the citation for their innovative efforts to Beach community, she was also a mother of In addition to his obligations to the South expand the Library’s services to the commu- eleven, grandmother of nineteen, and great- Bend Tribune, since 1988, Mr. Colwell has nity. The Hartford Public Library received the grandmother of one. Widowed in 1980, Valerie provided a forum for conversations between Institute of Museum and Library Services raised her children alone and ran the two fam- citizens and their elected officials as the host (IMLS) award, in part, for developing commu- ily businesses. Her strength and leadership is of a local public affairs television program. He also finds time to share the insights of his craft nity partners and innovative programs to ad- an inspiration to us all. with the next generation of journalists as an dress current educational, social, economic In keeping with the spirit of Valerie’s com- adjunct associate professor of journalism at and environmental issues. Major partnerships mitment to special education and fine arts education, her children have established the the University of Notre Dame. developed by the Library include the Partner- Mr. Speaker, it is difficult to imagine fol- Valerie K. Dombrowski Scholarship Fund to ship Library, the Integrated Library Information lowing politics in Northern Indiana without the help children with special needs and arts pro- and Management System and the Creating benefit of Jack Colwell’s contributions. I be- grams in Redondo Beach. Readers program. lieve that Jack Powers, the former managing Mr. Speaker, I am honored to join Valerie’s editor of the South Bend Tribune, perhaps put The National Award for Library Service was family and friends in commemorating the loss it most succinctly when he said at the time of established in 2000 and is the only national of an outstanding educator, mother, and com- Mr. Colwell’s induction into the Indiana Jour- award of its kind to recognize the public serv- munity leader. Valerie’s tireless efforts and un- nalism Hall of Fame in 2000, ‘‘Jack Colwell is ice record of America’s libraries. The award is wavering dedication have touched the commu- the greatest single journalist in the history of nity. We will miss her dearly, but her spirit will presented in conjunction with the National the community and the newspaper. He made continue to survive. Award for Museum Services, which was es- us all look good. He still does.’’ I join my con- tablished in 1994. f stituents in thanking Jack for his years of serv- This year the Hartford Public Library has TRIBUTE TO MR. JACK COLWELL ice and wish him much success in his future truly transformed the traditional meaning of a endeavors. library with the development and installation of HON. TIM ROEMER f its ‘‘Community Information Database’’. The OF INDIANA TRIBUTE TO BETTY PERRY Hartford Public Library has responded directly IN THE HOUSE OF REPRESENTATIVES to the needs of Hartford residents by com- Tuesday, November 19, 2002 HON. ROBERT T. MATSUI piling this database with such helpful informa- OF CALIFORNIA Mr. ROEMER. Mr. Speaker, I rise today to tion as employment opportunities, social serv- IN THE HOUSE OF REPRESENTATIVES ices, and neighborhood council reports. pay tribute to a great American, an accom- plished journalist, and an astute observer of Tuesday, November 19, 2002 In addition to its model partnership with the politics, Mr. Jack Colwell of South Bend, Indi- Mr. MATSUI. Mr. Speaker, today I rise to Hartford Public System in which it has helped ana. After nearly 40 years as the political writ- honor a friend with a noteworthy career in ad- schools achieve curriculum goals for language er for the South Bend Tribune, Mr. Colwell will vocacy and public service. On November 19, development, the Library has forged a strong- soon be stepping down from that post. It is my 2002, the National Chapter of the Older Wom- er relationship with the Hartford community great honor to have this opportunity to wish en’s League will honor Betty Perry with the this year by connecting all its residents to a him well as he embarks on his well-deserved OWL Chapter Leader Award for her tireless distinguished collection of books, technology, retirement. work on behalf of OWL California. As her as- social services, and community expertise. In an age when political communication sociates and friends gather to recognize her often generates more heat than light and polit- passionate work in the advocacy arena, I ask Mr. Speaker, I urge my colleagues to join ical discourse is dominated by cynicism and all of my colleagues to join with me in saluting me in offering my most sincere congratulations spin, Mr. Colwell has set the standard for ac- one of Sacramento’s outstanding citizens. to the Hartford Public Library for its exemplary curacy, fairness, and integrity in political jour- Born and raised in Sacramento, Betty was service to Hartford and Connecticut’s First nalism. The insights and observations found in first exposed to the public arena when she Congressional District and for setting an ex- his weekly column and regular news articles often attended committee hearings and legis- ample for innovation and excellence for librar- for the Tribune have inspired generations of lative sessions in the state capitol with her fa- ies across the country. readers to engage in the political process. As ther. In 1948, Betty received her M.A. degree

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.005 E19PT1 E2092 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 from U.C. Berkeley where she also earned her grandchild. His wife of 45 years, Elizabeth PERSONAL B.A. a few years earlier. In pursuit of a career Sheldon, passed away in 1996. John LaFalce was born in Buffalo, New in teaching and counseling, Betty returned Raymond was fascinated with our living York, on October 6, 1939. He graduated from home to Sacramento, where she began an al- Earth from an early age. His undergraduate Public School 49 (1953), Canisius High School most 4 decade long career at Kit Carson Jr. education in biology was interrupted by World (1957), Canisius College (1961), and Villanova University School of Law in 1964. From 1965 High and McClatchy High School. War II; he served in Australia and New Guin- to 1967, Rep. LaFalce served in the United In 1984, shortly after her husband Calvin ea. Upon his return he enrolled at UC Berke- States Army during the Vietnam era, leav- Perry passed away, Betty joined the Sac- ley, where he studied zoology under the ing active duty with the rank of Captain. ramento Capitol Chapter of OWL. What start- famed wildlife biologist Starker Leopold. He returned from military service to prac- ed out as a limited volunteer activity soon Mr. Dasmann began working as a conserva- tice law in Western New York with the law manifested into a full time volunteer position. tion biologist in the 1950s, when the field was firm of Jaeckle, Fleischman and Mugel, and Whether the task called for making phone in its infancy. His early research documented soon became active in public service. In 1970, calls or serving as chapter Secretary, Betty threats to the environment from population he ran successfully for the New York State Senate, and in 1972 was elected to the State demonstrated her trademark commitment to growth and pollution. Raymond wrote over a Assembly. excellence in all her duties. Betty would go on dozen influential books in his lifetime, on sub- He is married to the former Patricia Fisher to serve every chapter office with distinction, jects ranging from endangered species to the and they have one son, Martin, now a senior including President, in 1993 and 1994. After a loss of irreplaceable wildlands to environ- at Georgetown University. one-year stint as Co-President OWL Cali- mental decline. Mr. Dasmann’s works were CONGRESSIONAL SERVICE fornia, Betty was ultimately elected to serve as must-reads for national researchers concerned In 1974, at the age of 35, Rep. LaFalce be- statewide President in 1995. about the environment. came only the second Democrat, and the As President, Betty remained a strong voice Raymond did pioneering work in the 1960s first since 1912, to win election to what was for older women by representing OWL on the with the United Nations Educational Scientific, then the 36th Congressional District of New Sacramento County Board of Supervisor’s and Cultural Organization, where he helped York. During his career in the House of Rep- Task Force on Long Term Care. In 1997, she launch the Man and the Biosphere program. resentatives, he served on both the Com- During the 1970s he worked in Switzerland as mittee on Small Business and the Com- became OWL–CA’s Education and Research mittee on Banking, Finance and Urban Af- Coordinator and following, Public Policy Direc- a senior ecologist for the International Union fairs (now the Committee on Financial Serv- tor. Along with her work in public policy, Betty for the Conservation of Nature. ices). In January 1987, he was elected by the played an instrumental role in the coordination Mr. Dasmann was recognized many times Democratic Caucus as Chairman of the Com- of the OWL–CA Mother’s Day program. She for his work. He was honored by the World mittee on Small Business, thus becoming the aggressively advocates for legislation that Wildlife Society and the Smithsonian Institute. first member of his class (those elected in benefits women and seniors in California. In The prestigious Order of the Golden Ark, 1974) to chair a full, standing committee of 2001, she worked passionately on behalf of which recognizes internationally distinguished the House. Following the change in control conservationists, honored Raymond in 1978. of Congress in 1994, he continued to play the OWL to secure the passage of a resolution in key role as the Committee’s Ranking Demo- the California State Senate that recognized He became an elected fellow of the American crat. In February 1998, he was elected the the goals of OWL including, the staunch oppo- Association for the Advancement of Science in Ranking Democrat on the Financial Services sition of privatizing social security. 1984 and received the Distinguished Service Committee and served in that capacity Despite a hectic schedule, her involvement Award from the Society for Conservation Biol- through 2002. in community service is not exclusive to OWL. ogy in 1988. Mr. Speaker, it is my honor to In Congressional Quarterly’s Politics in She has been the co-chair of the local Breast recognize the life and achievements of Ray- America profile of Rep. LaFalce, he was Cancer Early Detection Program and works mond Dasmann. characterized as ‘‘one of the smartest mem- bers of Congress.’’ A Buffalo News article re- closely with the Congress of California Sen- f ferred to him as ‘‘a workhorse, not a iors, Gray Panthers, California Seniors Coali- TRIBUTE TO JOHN LAFALCE showhorse.’’ tion, AARP, and the Consumer Federation of LEGISLATIVE ACHIEVEMENTS AND ACTIVITIES California, to protect and advance the interests As Ranking Democrat of the Banking Com- of California citizens on a myriad of issues. HON. NANCY PELOSI mittee since 1998, Rep. LaFalce became the She has worked on a variety of social causes OF CALIFORNIA point man for the Clinton Administration on promoting issues such as the California Pa- IN THE HOUSE OF REPRESENTATIVES all financial economic issues, and consist- tient Bill of Rights and reducing prescription Tuesday, November 19, 2002 ently demonstrated his leadership by initi- drug prices for people on Medicare. ating, advocating and securing the enact- Ms. PELOSI. Mr. Speaker, I am proud to Her continuous leadership is a true testa- ment of numerous laws designed to increase put in the CONGRESSIONAL RECORD the tre- ment to her devotion to help others. Her ca- consumer protection; expand housing and mendous accomplishments of JOHN LAFALCE, community development; increase competi- reer as a social and political activist is com- who has served this body with such great dis- tion to provide consumers the widest range mendable and I am pleased to acknowledge tinction since 1974. of financial services at the lowest cost; en- one of Sacramento’s outstanding citizens. Mr. In 1999, JOHN steered the financial Services sure the safety, soundness and competitive Speaker, as Betty Perry is honored with the Act through Congress, which began the proc- strength of the banking system; and improve OWL Chapter Leader award, I ask my col- the efficacy and fairness of international de- ess of modernizing the financial services in- leagues to join with me in paying tribute to her velopment programs. dustry. numerous accomplishments. His leadership role was enlarged further in And this year, his magnificent leadership 2001, at the beginning of the 107th Congress, f brought about tough, comprehensive investor when the House Banking Committee became TRIBUTE TO MR. RAYMOND F. protections that will help preserve pensions for the House Financial Services Committee, DASMANN years to come. with expanded jurisdiction that encompassed As this record attests, JOHN LAFALCE made all three pillars of the U.S. financial system: a great deal of law during his outstanding ca- banking, securities, and insurance. Since HON. SAM FARR reer, without making a great deal of noise. that change, Rep. LaFalce has played the OF CALIFORNIA key leadership role in developing and enact- I wish JOHN and his family the very best, IN THE HOUSE OF REPRESENTATIVES ing new regulatory oversight and increased which is what he had given his fellow Ameri- investor protections in the securities area, Tuesday, November 19, 2002 cans day in and day out for nearly 30 years. to restore market confidence after the cor- Mr. FARR of California. Mr. Speaker, I rise CONGRESSMAN JOHN J. LAFALCE porate abuses revealed by Enron, Global today to honor the life of Mr. Raymond F. John J. LaFalce was first elected to the Crossing, WorldCom and others. Dasmann, a founder of international 94th Congress in 1974 and was re-elected to Financial services environmentalism and a tireless proponent of each succeeding Congress through the 107th, Financial Services Modernization (Gramm- increased efforts for sustainability on a planet serving his Western New York congressional Leach-Bliley)—For decades, Rep. LaFalce district for 28 years, from 1975–2002. He served as a leader in congressional efforts to with limited resources. Mr. Dasmann, a UC served as Chairman of the House Small Busi- modernize the Nation’s complex financial Santa Cruz professor emeritus of ecology, ness Committee from 1987–1994, and as Rank- services system, consistently advocating leg- passed away on November 5, 2002, and is ing Democrat on the House Financial Serv- islation that would eliminate the arbitrary survived by daughters Marlene, Sandra, and ices Committee from 1998–2002. He declined barriers between commercial and investment Lauren, five grandchildren; and one great- to seek re-election to the 108th Congress. banking. His dedication to modernizing the

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.009 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2093 financial services system increased with his Chrysler Corporation. Rep. LaFalce played a legislation signed into law on July 25, 2002, chairmanship of a special Task Force formed central role in the development of both loan marking the first step toward bringing about in 1989—The International Competitiveness guarantee programs. His key contributions, needed change to U.S. capital markets and of U.S. Financial Institutions. Concluding which became central elements in both legis- restoring credibility to corporate America. that the current system increased costs to lative initiatives, were his insistence on The new Corporate Accountability Act large- consumers, denied them easy access to a full ‘‘conditionality’’ to ensure that the govern- ly parallels the original bill introduced by range of integrated services, impeded nec- ment assistance was conditioned on changes Rep. LaFalce in February 2002. That bill, the essary diversification, and put U.S. institu- that would ensure each recipient’s inde- Comprehensive Investor Protection Act (HR tions at a clear disadvantage vis-a-vis for- pendent viability in the longer term, and 3818), was the first comprehensive legislative eign competitors in a newly-global market- shared sacrifice by all parties in a position solution to bring substantial and systemic place, he made enactment of financial mod- to benefit. reform to capital markets that have been ernization a top priority. Corporate account ability and investor rocked by corporate bankruptcy scandals. Early in 1999, working closely with the protection The Senate bill subsequently introduced by Clinton Treasury Department, Rep. LaFalce Banking Committee Chairman Paul Sar- crafted bipartisan legislation that jump- Rep. LaFalce has been Congress’s leading banes was modeled on the LaFalce bill, and started consideration of financial moderniza- advocate for strong investor protections. In its strong provisions remain the centerpiece tion by garnering Administration support, 2001, he played a prescient role in altering of the new Corporate Accountability law. As led by Treasury Secretary Robert Rubin, for the world to the warning signs that these former SEC Chief Accountant Lynn Turner the first time in the recent history of that problems were just around the corner. Long said ‘‘while [the Sarbanes-Oxley bill] may debate. Working co-operatively with the before Enron was front page news, in early not have the LaFalce name on it, it will have Committee Chairman, and acting as the 2001, he repeatedly warned that the earnings the LaFalce intent and heart behind it.’’ ‘‘point man’’ both for the Administration manipulation and deceptive accounting prac- Rep. LaFalce was also widely praised by and House Democrats, he was able to fashion tices of large corporations in America consumer, investor, and labor groups, and a revised bipartisan bill that ultimately threatened the very integrity of our capital the House Democratic Leadership, for his served as the basis for committee passage of markets. At the same time, he repeatedly ex- leadership in bringing about these essential the legislation with a strong bipartisan vote pressed strong concerns that the significant auditing reforms. AFL–CIO President John of 51–8. That bill provided the basis for the number of financial restatements and inves- Sweeney praised his ‘‘courageous leadership‘‘ bipartisan agreement that led to enactment tigations into earnings manipulation—by and said ‘‘I particularly want to thank Con- of the Financial Services Act of 1999, referred corporate officers, directors, and account- gressman LaFalce, who has really stood out to by The New York Times as ‘‘landmark ants, undetected by stock analysts—rep- these last few months as a leader ready to legislation. . . . The pre-eminent legislative resented only the tip of the iceberg. take on powerful Wall Street and big money accomplishment of the year.’’ The Associ- As the Buffalo News reported, ‘‘If the interests on behalf of working families.‘‘ ated Press referred to Rep. LaFalce’s warning signals of two men in government House Minority Leader Rep. Richard Gep- ‘‘leading role’’ in crafting the final com- had been heeded many months ago, the hardt said ‘‘The LaFalce approach does more promise measure and National Journal’s Enron disaster possibly could have been than make cosmetic reform. It restores ac- Congress Daily called him the Administra- averted. One voice heard but not listened to countability to corporate America.... tion’s ‘‘point man on financial issues.’’ was that of Arthur Levitt, the former chair- [LaFalce has been] a Patton-like General For his leadership role, Rep. LaFalce, man of the Securities and Exchange Com- [winning] an unconditional surrender from along with Senate Banking Committee mission. . . . A second figure who sounded a opponents. . . . He has been a gold standard Chairman Phil Gramm, House Banking Com- warning early on is our own Western New on this issue.’’ House Minority Whip Rep. mittee Chairman James Leach, and former York Congressman, John J. LaFalce. The Nancy Pelosi said ‘‘kudos to Financial Serv- Treasury Secretary Robert Rubin, was given ranking member of the House Financial ices Ranking Member John LaFalce for a the ‘‘American Financial Leadership Award’’ Services Committee, in a letter to his con- magnificent display of leadership . . . in by the Financial Services Roundtable. stituents in June 2001, wrote: ‘‘Investing has passing the LaFalce-Sarbanes corporate re- Federal Reserve Board and Banks—Over become more risky for Americans. Practices form legislation.’’ the years, Rep. LaFalce has worked closely such as earnings manipulation by corporate New York Attorney General Eliot Spitzer with the various Chairmen of the Federal management, unchecked by boards of direc- said, ‘‘You should enact the LaFalce legisla- Reserve Board, the individual Board Mem- tors or auditors, often create a misleading or tion.’’ Both the Consumer Federation of bers, and the heads of the various Federal false story of the financial position of the America and U.S. Public Interest Group also Reserve Banks, particularly the New York companies that you may invest in. In addi- commended Representative LaFalce ‘‘for Federal Reserve, on a variety of macro- and tion, stock analysts who recommend stocks proposing tough, far-reaching auditing re- micro-economic, financial services, con- often have conflicts of interest that com- form.’’ sumer and international issues. Most re- promise them.’’ SEC Oversight and Resources—In order to cently, he has worked closely with Chairman LaFalce, elaborating on his concerns, address widespread problems with our sys- Alan Greenspan in an effort to pass impor- added: ‘‘Since compensation for management tem of financial disclosure, Rep. LaFalce in tant corporate netting legislation that would and boards of directors is closely tied to early 2001 began calling for a significant in- reduce systemic risk related to financial companies’ stock prices, the pressure on cor- crease, 200–300 per cent, in the budget of the contracts; with New York Federal Reserve porations to manipulate earnings can only Securities and Exchange Commission (SEC) Bank President Bill McDonough, Vice-Chair- increase. While auditors should be acting as to strengthen its personnel, oversight, and man Roger Ferguson and Governors Susan watchdogs for shareholders, many have be- enforcement. In early 2002, President Bush Bies, Mark Olsen, and Ned Gramlich on the come dependent on consulting revenues from signed legislation to reduce the fees that development of the Basel II Accord, on im- the companies they audit, creating a conflict American corporations pay to the SEC for proving the Federal Reserve’s regulatory that makes it difficult for them to stand up transactions and registration of stock. The oversight of predatory lending, and on unfair to their clients.’’ new law also included provisions that would and deceptive trade practices. LaFalce’s remarks, made many months be- authorize the SEC to pay its staff on a basis In prior years, Rep. LaFalce worked close- fore the Enron failure, are prophetic of the that is comparable to the other Federal fi- ly with Federal Reserve Chairman Paul practices that have since come to light. La- nancial regulatory agencies, potentially im- Volcker and New York Federal Reserve Bank Falce also stated in his newsletter that: ‘‘I proving the ability of the SEC to attract and President Gerald Corrigan on efforts to re- believe we may have seen only the tip of the retain the highest quality staff. solve the Third World debt crisis that was iceberg of accounting irregularities, and I Rep. LaFalce opposed the bill because of undermining Latin American economies. He have called for the Financial Services Com- provisions that actually could have reduced also worked closely with the Federal Reserve mittee to focus on accounting issues, which the resources available to the SEC. He said leadership over many years to ensure the have such a profound effect on the integrity of the legislation: ‘‘One of our greatest prior- progressive implement of the existing Glass- of our markets.’’ ities is the critical need to ensure adequate Steagall statute, and subsequently, to effec- The colossal failures of Enron, WorldCom, government oversight of our securities mar- tively implement the Glass-Steagall Act re- Global Crossing and other firms, and the dev- kets. This legislation does nothing to ensure peal contained in the Gramm-Leach-Bliley astating impact on investors and on the that the SEC has the additional resources it legislation. working men and women of those companies, greatly needs to address the many signifi- New York City Bail-Out and Chrysler Loan have justified LaFalce’s concerns. At the cant issues investors face in these markets.’’ Guarantee Program—In 1978, the Banking same time, Rep. LaFalce has also worked In the June 2001 debate on the floor, prior to Committee played a central role in devising with financial regulators and his colleagues Enron, Rep. LaFalce said: ‘‘the SEC budget a loan guarantee program to address the eco- to eliminate conflicts of interest by stock . . . should be beefed up at least 200 percent nomic difficulties and pending bankruptcy of analysts, who in many cases hyped stocks in to 300 percent in order to protect the Amer- New York City. Again in 1980, the Committee order to win and maintain investment bank- ican investor . . . today’s bill precludes the devised another loan guarantee program to ing business. type of effective investment I believe we secure the economic viability and continued Corporate Accountability Act (Sarbanes- need.’’ existence of one of the country’s major auto Oxley)—Rep. LaFalce was the prime mover Financial Institutions Reform, Recovery manufacturers and major employers, the of the sweeping corporate accounting reform and Enforcement Act (The S&L Crisis)—Rep.

VerDate 0ct<31>2002 05:23 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.012 E19PT1 E2094 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 LaFalce warned of the impending S&L crisis he called for greater regional equity in bear- His work on behalf of credit unions was in the early 1980’s and sought to address the ing the financial burden for the bail-out. recognized with special awards from the inadequate regulation, supervision and fund- Rep. LaFalce also argued that the precipi- Credit Union National Association in 1999 ing that threatened the solvency of thrift in- tous application of new capital standards and the New York Credit Union League in stitutions. As the Buffalo News reported, made weak, but potentially, viable institu- 1998, and a special career recognition award ‘‘Congressman John J. LaFalce, a member of tions into problem institutions, and made from the National Association of Federal the House Banking Committee, warned that strong thrift institutions vulnerable. He be- Credit Unions in October, 2002. deregulation of the thrifts had gone too far. lieved that the structure of the legislation Interstate Banking/Branching—Rep. La- . . . LaFalce worried that the thrifts’ assets made it virtually impossible for potentially Falce was one of the first advocates in Con- were simply thin air, buoyed by a ponzi healthy thrifts that could form the core of a gress for repealing outdated federal prohibi- scheme of overpriced acquisitions.’’ He was a revitalized industry to survive. Many weak tions on interstate banking. In 1985, he intro- staunch critic of the legislation developed to but viable institutions were in fact lost, and duced one of the first bills to authorize inter- address the crisis, the Financial Institutions institutions became increasingly risk averse, state branching by national banks, bank Reform, Recovery, and Enforcement Act of contributing to a subsequent credit crunch holding companies, and thrifts. The bill 1989 (FIRREA), and ultimately opposed its that he had predicted. would have permitted a bank of one state to enactment. Finally, Rep. LaFalce argued strongly dur- establish a branch in another state to the Throughout the 1980s, Rep. LaFalce con- ing Committee consideration and subse- same extent as those of other states allowed sistently supported legislation that would quently that the suggested treatment of su- interstate branching by state banks. His ini- have improved the examination and super- pervisory goodwill under the proposed legis- tial bill became the model for the landmark vision regime governing thrift institutions lation was a breach of contract that the gov- 1994 law, the Riegle-Neal Interstate Banking and recapitalized the Federal Savings and ernment could not expect to engage in with- and Branching Efficiency Act, which re- Loan Insurance Corporation, which consist- out the ultimate payment of damages. pealed prohibitions on interstate banking, ently had inadequate funding to resolve the Thrifts had entered into contracts with their increased availability of credit to our com- problems of insolvent thrift institutions. regulator which allowed them to count su- munities nationwide, and led to the emer- By 1989, a combination of years of inad- pervisory goodwill as capital under defined gence of a more competitive, safer and equate regulation and supervision, and inad- terms and conditions. The legislation would sounder banking system. equate funding, had resulted in a crisis situa- no longer permit such capital treatment. Insurance—Rep. LaFalce recognized very tion. In February 1989, the Bush Administra- As a practical matter, Rep. LaFalce argued early in his career that state-by-state regu- tion unveiled the broad outlines of a plan to that this would result in more thrift failures lation of the insurance industry severely borrow $50 billion to close down or sell more and a higher cost associated with resolution limits the ability of the national government than 350 weak Savings and Loan institutions. of the crisis. As a legal matter, Rep. LaFalce to respond to crises in the insurance indus- The proposed FIRREA legislation, which foresaw that litigation would ensue and that try that affect the national economy. The evolved from congressional consideration of the government would ultimately be re- 1945 McCarran-Ferguson Act assured that in- this broad plan, dramatically restructured quired to pay damages for breaking the con- surance companies would remain under state federal regulation of thrifts and provided $50 tracts that governed the treatment of super- regulation and that they would enjoy a lim- billion over three years to close down or sell visory goodwill, again increasing the cost of ited exemption from antitrust laws. The Act led to a situation in the 1970s and off hundreds of insolvent savings institu- the bail-out. His judgment and foresight was 1980s that caused businesses, particularly tions. vindicated when the U.S. Supreme Court, in While Rep. LaFalce voted for the bill in July 1996, in the case of United States v. small firms, to have difficulty in obtaining the House to move it forward with the hope Winstar Corporation, held that contracts product liability insurance. When the insur- of improving it in conference, he opposed the were broken and the government was liable ance was available, the premiums were very final legislation, believing it would be inef- for damages. expensive. As Chairman of the Small Busi- ness Subcommittee on Capital, Investment fective, overly restrictive, costly to tax- In an effort to construct a more workable and Business Opportunities, Rep. LaFalce led payers, and would have serious unintended proposal, Rep. LaFalce advanced a number of an extensive investigation into the product consequences. He emphasized several prob- amendments in the course of the legislative liability crisis. His Subcommittee deter- lems with the legislation during debate on process. Those amendments, first of all, mined that much of the blame for the crisis the bill. First, he noted that the Administra- would have eliminated reliance on the bor- could be pinned on panic pricing by insur- tion’s estimates were based on a series of un- rowing which was unnecessarily increasing ance companies that was left unchecked by reasonably rosy assumptions that resulted in the coverall cost of the bail-out; second, most state regulators. The Subcommittee a gross underestimation of the ultimate cost would have given weak, but viable, institu- also found evidence that the antitrust ex- to the taxpayer. Had the enormity of the tions better prospects of improving their sit- emption led to a lack of competition in the uation, so they would not eventually have to costs been better appreciated, he was con- pricing of product liability insurance, and be bailed out by the taxpayer; and third, vinced closer scrutiny might have been ap- that a fairer Uniform Product Liability law would have required the states to make some plied in determining how the bail-out would would be far preferable to 50 separate state reasonable contribution to the cost of the be structured and how the costs would be laws. funded. He emphasized that, under the plan, bail-out. Unfortunately, those amendments Rep. LaFalce introduced legislation to ad- it was only the taxpayers’ obligation that were not adopted. dress the crisis through the establishment of Credit Union Membership—Rep. LaFalce was indeterminate, and that the structure of a national insurance commission, which recognized early in his congressional career the program made the taxpayer the ultimate would have ensured that premiums for prod- the important role played by credit unions recourse for any increased financial burden uct liability and other types of insurance beyond preliminary estimates. The cost of within a diversified financial services mar- were reasonable and that policyholders were the bail-out was eventually hugely in excess ketplace. Upon taking a leadership role in protected from unfair and deceptive prac- of original estimates, and substantial addi- the Banking Committee, he provided an in- tices of insurance companies. Rep. LaFalce’s tional funding was subsequently required. fluential voice for permitting credit unions legislation would have limited McCarran- Rep. LaFalce also believed that borrowing to serve a broader segment of American con- Ferguson by eliminating the industry’s anti- to pay for the bail-out unnecessarily in- sumers, while also attempting to moderate trust exemption, thereby curbing anti-com- creased the costs and unfairly passed those the banking industry’s competitive objec- petitive practices. He also worked with Pro- costs onto future generations. He argued tions to an expended credit union industry. fessor Victor Schwartz to introduce in Con- that it was fiscally irresponsible to borrow In 1997, when it appeared that banker-initi- gress the first Uniform Product Liability to cover even present consumption, let alone ated litigation would completely stall future Act, a bill that was, unfortunately, then op- the past consumption represented by thrift credit union growth, he introduced legisla- posed by Republicans and the U.S. Chamber losses. He emphasized that borrowing the tive proposals designed to reopen opportuni- of Commerce. money would turn what was more likely to ties for credit union membership and to ad- Although the Commerce Committee never be a $130 billion problem into a $500 billion dress key competitive concerns expressed by took up the legislation, persistent crisis in drain over the next several decades, impos- the banks. This balanced proposal provided the insurance industry confirmed Rep. La- ing the problem on future generations and the framework for the Credit Union Member- Falce’s belief that the Federal Government diverting funds from more pressing social ship Access Act of 1998, which was passed by must play a role in regulating an industry needs. Congress with huge majorities and signed by that is so vital to the national economy. Fol- Rep. LaFalce also objected to the fact that President Clinton within months of its for- lowing the terrorist attacks on the World the states were held harmless from assuming mal introduction. The legislation provided a Trade Center and the Pentagon on Sep- any responsibility for the cost of the bail- new framework for multiple-group credit tember 11, 2001, the market for reinsurance out, even though the vast majority of the unions and for community charter conver- for risks related to terrorism began to evapo- problem was attributable to state-chartered sions that has significantly expanded credit rate. Rep. LaFalce was among the first in institutions operating, in many cases, under union membership. Rep. LaFalce has contin- Congress to call for the creation of a federal lax state regulation and supervision. It was ued to advocate legislative changes that backstop for terrorism insurance. He be- his view that having federal taxpayers as- offer new opportunities to expand credit lieved that the lack of adequate and afford- sume the entire burden for these problems union membership and services within the able terrorism insurance could slow recon- was an abuse of the dual banking system and balanced framework of the 1998 Act. struction of New York City and weaken the

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.013 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2095 nation’s entire economy. The Federal Gov- ity communities. As a result of his efforts, well as impose new restrictions on deceptive ernment was slow to respond to that crisis, the Financial Services Act ensure that the practices in credit card solicitations. in part, because there was no insurance ex- CRA, which requires that financial institu- Unfair and Deceptive Credit Practices— pertise within the Executive Branch. tions meet local community needs, will re- from his work drafting legislative responses Rep. LaFalce also was one of the first in main of central importance in the new, to predatory mortgage lending and abusive Congress to recognize that state regulation evolving financial marketplace. credit card practices, Rep. LaFalce discerned of the insurance industry increases costs for Rep. LaFalce also led the effort to incor- that federal law provided little, if any, pro- both insurance companies and consumers. porate many of the nation’s ‘‘un-banked’’ tection for consumers against unfair or de- This regulatory structure also creates incon- low- and moderate-income individuals into ceptive practices generally in credit trans- sistent protections for consumers and regu- the financial mainstream. His legislation, actions. A 1975 change in law exempted fi- latory requirements for companies because the First Accounts Act of 2000, became the nancial institutions from the general prohi- not all states can do a good job of protecting basis for a pilot program initiated by the bition against unfair and deceptive business consumers from unfair and deceptive prac- U.S. Treasury Department. The program is practices in the Federal Trade Commission tices in the insurance industry. In February designed to help more than eight million Act. The Federal Reserve Board was given 2002, Rep. LaFalce introduced the Insurance low- and moderate-income people for whom responsibility for issuing separate rules de- Industry Modernization and Consumer Pro- the cost of checking or savings accounts are fining unfair and deceptive practices for reg- tection Act (IIMCPA), which provides insur- too high. Working in partnership with finan- ulated financial institutions, which it has ance companies the option of a single federal cial institutions, the U.S. Treasury helps failed to use. Beginning in 2000, Rep. LaFalce insurance regulator rather than 50 state reg- these individuals gain access to basic, low- used the opportunity of Committee oversight ulators. The IIMCPA would protect con- cost financial services, including ATM access hearings to challenge the Federal Reserve sumers by establishing for the first time na- and checking accounts. The First Accounts Board for its continuing failure over a twen- tional minimum standards to combat unfair program will widen access for many Ameri- ty-five year period to write comprehensive and deceptive practices in the insurance in- cans to the mainstream banking and credit rules prohibiting unfair and deceptive credit dustry. system so that no family may be left behind. practices. In a series of direct meetings and Mortgage Servicing Rights and Protec- letter exchanges with Board Chairman Alan Consumer protections tions—Rep. LaFalce authored the initial leg- Greenspan, he continued to press the need Rep. LaFalce has been a longstanding con- islation that resulted in the 1990 amend- for more specific prohibitions on unfair cred- sumer and community advocate as reflected ments to improve consumer protections in it practices. The exchanges led to a change in his work on the landmark Financial Serv- the Real Estate Settlement Procedures Act in Federal Reserve Board policy in June 2002 ices Act of 1999 as well as on numerous other (RESPA). Those improvements provide for in which the Board acknowledged its author- legislative initiatives during his career on advance notice to homeowners—now known ity to prohibit unfair practices by regulation the House Banking Committee. as ‘‘LaFalce’’ notices—alerting them that and, in the absence of such regulations, that He authored key provisions of the financial their mortgage servicing is to be transferred the banking regulatory agencies could act to modernization that are designed to protect to another financial institution. The notices prohibit unfair practices on a case-by-case consumers against deceptive practices in the also provide certain protections to con- basis. The change in policy provided support sales of insurance and investment products sumers during the transfer, including assur- for enforcement actions by the Office of the in a bank’s lobby. At his insistence, the Fi- ance of the proper handling of monthly Comptroller of the Currency against several nancial Services Act of 1999 incorporates mortgage payments and prompt payment of credit card companies and new guidance on strong safeguard to (1) ensure that con- insurance and tax obligations from escrow unfair and deceptive banking practices from sumers are not confused about new financial accounts. the Federal Deposit Insurance Corporation. products, the risk they carry, and whether or Rep. LaFalce also was instrumental in se- Automobile Leasing Protections—Rep. La- not they are insured; (2) prevent a bank from curing enactment of ‘‘Mortgage Loan Con- Falce was the first Member of Congress to forcing its customers to purchase another sumer Protection Act’’ (H.R. 4818) in 1996 recognize automobile leasing as an impor- product, such as an insurance policy, as a that granted consumers new rights, based on tant consumer transaction and an area of condition for receiving a loan; (3) ensure a New York law, to cancel unnecessary and growing consumer abuse. Consumer unfamil- consumer grievance process is put in place; costly private mortgage insurance (PMI). In iarity with the complex terms and cost fac- and (4) require full disclosure of ATM sur- the 107th Congress, he also introduced legis- tors of leases make them particularly vul- charges. lation providing for comprehensive reform of nerable to manipulation and abuse. He joined Upon his retirement, the Consumer Fed- RESPA’s mortgage settlement procedures to with the Consumer Federation of American eration of America, in a letter dated June 27, help simplify the mortgage settlement proc- in drawing attention to the lack of clear and 2002, praised Rep. LaFalce for his effort on ess and further enhance protections for con- accurate cost information in auto lease ad- behalf of consumers: ‘‘No one in Congress has sumers. vertising and in information provided by fought harder for everyday consumers and Abusive Credit Card Practices—Rep. La- auto dealerships. In 1995, and again in suc- investors than John LaFalce. He combines a Falce led the effort in Congress to identify ceeding Congresses, he introduced the bedrock commitment to consumer protec- and address a growing number of abusive ‘‘Consumer Automobile Lease Advertising tion with a savvy awareness of how to move practices in connection with credit card so- Improvement Act’’ (H.R. 1056 in the 107th important legislation through Congress in licitations and the management of credit Congress) to provide uniform cost disclosures the face of special interest opposition.’’ card accounts. He first introduced the in lease advertisements, prevent abusive Financial Privacy—In the area of financial ‘‘Consumer Credit Card Protection Amend- practices in connection with advertised lease privacy, it was legislation that Rep. LaFalce ments’’ in 1999 to protect consumers against offers, and require that all relevant informa- had introduced in 1998 and 1999 that laid the the most egregious practices common to tion on available lease terms and manufac- basis for the historic financial privacy pro- most credit cards, including misleading turer incentives be made available to con- tections that Congress included within the ‘‘teaser’’ interest rate claims in card solici- sumers upon request. The bill sought to Financial Services Act. He led a bipartisan tations, inadequately disclosed late payment apply, for the first time, the traditional prin- effort to craft provisions that provided the penalties and default interest rates, and pen- ciple of the consumer’s ‘‘right to know’’ to strongest consumer privacy protections ever alties for paying card balances in full. A key more complex auto lease transactions. enacted into law. Considering these efforts provision of the bill also sought to prohibit Economic and community revitalization as only a first step in safeguarding consumer issuing credit cards to minors without paren- Rep. LaFalce has been a leader in eco- privacy, Rep. LaFalce joined with the Clin- tal approval or evidence of means of repay- nomic revitalization and community devel- ton Administration early in 2000 to introduce ment. The Lafalce bill served as the basis for opment issues throughout his career in Con- new legislation to further enhance these fi- Democratic efforts to add credit card reform gress, using his position on the Banking nancial privacy protections, and he helped proposals to a bankruptcy bill strongly fa- Committee to direct federal dollars to insti- usher through the Banking Committee new vored by the credit card industry. tutions that invest in economic development legislation providing strong policy protec- Press reports during 1999 and 2000 began to and job growth in distressed communities tions for consumer health and medical infor- focus public attention on fraudulent schemes and to provide targeted assistance to those mation. to withhold the posting of credit card pay- communities. He worked especially hard to Enhancing Access to Credit—Rep. LaFalce ments to generate late fees and to trap vul- assure that federal funds were available to was a staunch defender of the Community nerable consumers in high-cost credit ac- assist needed housing and economic develop- Reinvestment Act (CRA) during numerous counts with misleading ‘‘bait and switch’’ ment efforts throughout Western New York. attempts to repeal or limit its mandate that tactics. Rep. LaFalce responded by intro- Renewal Communities—Rep. LaFalce financial institutions serve all segments of ducing the ‘‘Credit Card Predatory Practices played a key role in creating and enacting their community. He was instrumental in ex- Prevention Act’’ (H.R. 1060) in 2001 to require into law Renewal Community legislation, panding the CRA within the context of the federal banking regulators to issue detailed which provides a broad range of investment financial modernization legislation to re- regulations defining unfair and deceptive tax incentives designed to spur economic de- quire all banking institutions seeking new, practices in credit card accounts. The bill velopment and create jobs in 40 Renewal non-banking activities to demonstrate a con- proposed to expand the scope of the federal Communities nationwide. He also played a tinuing commitment to meeting the finan- Truth in Lending Act to address abuses in critical role in having three of those 40 Re- cial services needs of low-income and minor- the administration of credit card accounts as newal Communities designated locally—in

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.014 E19PT1 E2096 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 Niagara Falls, Buffalo, and Rochester. In Oc- As Ranking Member of the Financial Serv- It prompted the International Franchise As- tober 2002, the House adopted Rep. LaFalce’s ices Committee, Rep. LaFalce successfully sociation to announce a series of industry re- bill (HR 3100) to expand these renewal com- led congressional efforts to persuade the forms, including an expanded industry Code munity areas to include those census tracts Board of Governors of the Federal Reserve of Ethics and the introduction of franchisees that declined economically over the past System to reconsider a regulatory proposal into the Association’s membership. In addi- decade. that would have imposed extremely burden- tion, Rep. LaFalce was instrumental in en- Urban Development Action Grants—In some capital requirements on bank-owned couraging the formation of new organiza- 1977, Rep. LaFalce co-authored legislation SBICs and that could have significantly de- tions to represent the interests of individual creating the federal Urban Development Ac- creased SBIC equity investments in small franchise business owners, including the tion Grants (UDAG) program, which has tar- businesses. American Association of Franchisees and geted billions of dollars over the years for Women Business Owners—As Chairman of Dealers and the American Franchisee Asso- distressed cities to help spur private develop- the Small Business Committee, Rep. LaFalce ciation. ment and create jobs. took a special interest in the needs and con- Small Business Loan Programs—Rep. La- Community Development Block cerns of the growing number of women small Falce has been a leader in the Congress in Grants-Rep. LaFalce worked hard to assure business entrepreneurs. He authored the protecting government loan programs for the continuation of Community Develop- Women’s Business Ownership Act, which small businesses. He consistently fought off ment Block Grant (CDBG) funding for Buf- continues to successfully fulfill its purpose: attempts to scale back and scuttle the SBA’s falo, Rochester, Niagara Falls, Erie County to improve access to credit and provide other loan guarantee program which supports and other jurisdictions, which they have opportunities for women in today’s market- many billions of dollars annually in loans to used to revitalize downtown shopping areas, place. Rep. LaFalce subsequently authored small firms. He also sought innovative ways redevelop waterfront areas, create historic the Women’s Business Development Act to increase lending to small businesses. In districts, develop industrial parks, and reha- which re-authorized and built upon the origi- 1989, he proposed the establishment of a fed- bilitate thousands of units of needed mod- nal landmark legislation. He also created the erally chartered private corporation to en- erate-priced housing. He also was the driving Interagency Committee on Women’s Busi- courage long-term financing to small busi- force in changing the formulas to advantage ness Issues, to ensure that actions and poli- nesses (‘‘Velda Sue’’—HR 3179). This would other communities, largely in the Northeast. cies of all federal agencies take women’s create a secondary market for these loans— Small business business concerns into account. For his ef- similar to the one created through Fannie During his time as Chairman of the House forts, he was honored by the National Asso- Mae with housing loans—and would match Small Business Committee (1987–1994), and as ciation of Women Business Owners as Con- investors with small businesses in need of Ranking Member (1995–1998), Rep. LaFalce gressional Advocate of the Year. long-term capital. was an active, committed advocate for the Tax Code Section 89 Repeal—Rep. LaFalce Small Business Development Centers— needs and concerns of America’s vital small scored a major victory on behalf of small Rep. LaFalce has been a champion of the business community. He worked to create businesses in 1988 when he succeeded in his Small Business Development Center pro- and expand federal programs that provide legislative effort to repeal the onerous provi- gram, which is a cooperative effort of the loan guarantees for new and growing small sions of Section 89 of the Tax Code relating private sector, the educational community businesses; direct federal loans to micro-en- to employee benefits. The newly enacted and state, federal and local governments. terprises; expand the authority of the Fed- Section 89 required annual, complex data The program enhances economic develop- eral Home Loan Bank System to invest in collection and record-keeping to ensure that ment by providing small businesses with economic development and small business employer-provided benefits meet certain cri- management and technical assistance at no projects; make loans more readily available teria in order to retain their tax-exempt sta- charge. to women entrepreneurs; provide technical tus. Its provisions were especially burden- Rep. LaFalce authored legislation, enacted and managerial assistance to new small busi- some for small businesses and were causing in 1990, that established the Central Euro- nesses; and increase small business partici- many to drop all employee benefits to avoid pean Small Business Enterprise Develop- pation in federal procurement. Rep. La- Section 89’s costly record-keeping require- ment Commission, with the mandate to as- Falce’s long history of support for our na- ments. For his successful efforts, Rep. La- sist Poland, Hungary and the Czech and Slo- tion’s small businesses continued into his Falce won nationwide acclaim from such di- vak Federal Republic (now the Czech Repub- final term in Congress, when he worked to verse groups as the National Federation of lic and Slovakia) in developing self-sus- help small businesses recover from the Sep- Independent Business, the United States taining systems of SBDCs to provide man- tember 11 terrorist attacks (see Terrorism Chamber of Commerce, the National Asso- agement and technical assistance to small Response, below). ciation of Manufacturers, and a host of labor business owners in those countries. The Small Business Innovation & Research—As organizations. Commission established several SBDCs author of the Small Business Innovation Re- Franchising—Rep. LaFalce is the leading under the joint sponsorship of the United search (SBIR) program in 1982, Rep. LaFalce authority in Congress on business fran- States Government and the governments of helped create thousands of jobs through de- chising and the franchising industry. As the host countries, with the host countries velopment of new and innovative technology. Chairman of the House Committee on Small eventually assuming responsibility for fund- This program calls on federal agencies to di- Business, he initiated what became a five- ing the centers. rect a portion of their research and develop- year Committee study of franchising prac- SBA Disaster Office in Niagara Falls—As ment budgets to small businesses that use tices, involving numerous hearings, staff Chairman of the Small Business Committee, creative technology to solve problems. To studies and legislation. The Committee’s ac- Rep. LaFalce worked with the George H.W. date, the SBIR program has shifted more tivities constituted Congress’s first com- Bush Administration to bring one of four than two billion dollars in federal research prehensive review of the economy’s impor- Small Business Administration Disaster and development funds to the nation’s small tant franchising sector in more than 20 Area offices to the City of Niagara Falls in high-tech firms. The leading small business years. 1989. That office administers the SBA’s Dis- magazine, INC., termed Rep. LaFalce’s bill Based on his initial hearings, Rep. LaFalce aster Loan program for 13 states in the ‘‘the most important piece of small business introduced the ‘‘Federal Franchise Disclo- northeast. It employs about 125 people full- legislation yet enacted in our lifetime.’’ sure and Consumer Protection Act’’ in 1992 time, rising to 300 or more during peak peri- In 1992, Rep. LaFalce incorporated a new to require public disclosure of all material ods. After 9–11, for example, the Niagara initiative into this policy called the Small facts about franchise business opportunities Falls office processed and administered more Business Technology Transfer program, and provide investor protections against than $400 million in disaster assistance to which connects small firms with government fraud and misrepresentation. Many provi- business and individuals in New York City and university research laboratories. The re- sions of the bill were later used by the Fed- and metropolitan Washington, D.C. When the sult is a weather of new research and tech- eral Trade Commission and the North Amer- office sought to relocate out of Niagara nology with practical applications for busi- ican Securities Administrators Association County in 2002, Rep. LaFalce spearheaded a ness and industry. to improve federal and state franchise disclo- successful effort to keep the Disaster Office Small Business Investment Companies—As sure forms. A second bill introduced in 1993, in downtown Niagara Falls. a member and Chairman of the Committee the ‘‘Federal Fair Franchise Practices Act,’’ White House Conference on Small Busi- on Small Business, Rep. LaFalce led the way continues to be the primary legislation in ness—In order to establish a national, broad- in increasing the availability of capital and Congress to prohibit unfair franchising prac- based agenda and policy on behalf of small loans to small businesses. He authored the tices and establish minimum standards of businesses that are so important to the na- Small Business Equity Enhancement Act, conduct in franchise relationships. Both bills tion’s economy, Rep. LaFalce led the effort enacted in 1992, which brought important re- have also served as models for many other to convene a White House Conference on forms to the Small Business Investment legislative initiatives. Small Business. Legislation he authored to Company program to help small businesses Rep. LaFalce’s continuing efforts to iden- mandate such a conference was enacted in obtain financing for starting, maintaining tify and examine unfair franchising practices October 1990, and the White House Con- and expanding operations. SBICs provide brought both immediate and long-term ference was held in the spring of 1995. This funding to small businesses equity invest- changes to franchising. It led to increased gathering of more than 1,500 small business- ments (purchasing their stock) and debt enforcement against fraudulent franchise men and women gave them a unique oppor- (issuing loans). schemes by the Federal Trade Commission. tunity to influence the course of government

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.016 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2097 policymaking. The delegates were addressed regulation and increased goals with respect During his years of service in Congress, he by President Clinton, Vice President Gore, to the percentage of mortgage loans made by has helped secure hundreds of millions of and prominent Members of Congress, includ- Fannie and Freddie to low- and moderate-in- dollars for the remediation of many such ing Rep. LaFalce. His message was simple: it come families and under-served areas. sites in Erie and Niagara Counties: Linde, is important that the voice of small busi- He successfully persuaded Fannie Mae to Ashland I and II, and Seaway (all in Tona- ness, as the engine of job creation in the establish a partnership office in Buffalo and wanda), and the Niagara Falls Storage Site United States, be heard loudly and clearly, to commit $5 billion for new housing invest- in Lewiston. Most recently, Rep. LaFalce and he promised to take the conferees’ rec- ments in the region, a figure which the office urged the U.S. Army Corps of Engineers to ommendations to the Congress in order to has greatly exceeded. investigate the possibility of including the address their concerns. HOUSE Act—In the 106th Congress, Rep. former Simonds Saw and Steel plant in Minority Business Set-Aside—In the 100th LaFalce introduced the HOUSE Act, innova- Lockport for remediation under the Congress, Rep. LaFalce successfully re- tive legislation that authorizes one percent FUSRAP program. formed the scandal-plagued SBA Minority down payment FHA loans for teachers, po- Health Care Business Development program (Section 8a) lice, and firefighters buying a home in their Rep. LaFalce has long been an outspoken which was riddled with fraud and abuse. His local school district or employing jurisdic- leader in the ongoing debate on a variety of bill, the Business Opportunity Development tion. He shepherded this bill through the national health care issues, always insisting Program, enacted in October 1988 (P.L. 100– House in 2000 and, though the bill died in that adequate health care should be a basic 656), ensured that the Capital Ownership De- conference as a result of opposition from right of citizenship, not a privilege of em- velopment Program and the Section 8(a) au- Senate Republicans, it continues to gain ployment. widespread support and stands a good chance thority would be used exclusively to help de- Expanding Health Care Coverage—Rep. La- of enactment in the near future. velop small businesses, owned and controlled Falce has long been an advocate for a uni- Homelessness—In 2000, Rep. LaFalce spear- by socially and economically disadvantaged versal coverage/single payer approach to headed an emergency funding initiative that individuals, in order to enable them to com- solving America’s health care crisis which restored rental assistance for tens of thou- pete on an equal basis in the mainstream of leaves 40 million people uninsured. He has sands of families nationwide (including 178 in the American economy. promoted legislation that would ensure ac- Erie County, NY) who faced eviction and Housing cess to affordable, high quality health care homelessness as a result of HUD cutting off Rep. LaFalce used his position on the Fi- for everyone, regardless of employment, in- funding. He subsequently took the lead in nancial Services Committee to fight for in- come, or health status. All Americans would Congress on an initiative that resulted in ac- creased funding for key housing and commu- be guaranteed health care coverage and tion by the Appropriations Committee to nity development programs, and to enact nu- would have complete freedom in their choice provide a separate funding source for re- merous housing initiatives designed to ex- of providers. Rep. LaFalce proposed this plan newal of homeless rental assistance in order pand home-ownership, meet the challenges not only to improve America’s health care to prevent a recurrence of the funding cutoff of providing affordable housing and services system, but to relieve businesses of the fi- experienced in 2000. to a growing seniors population, and to ad- nancial burden of paying for most of our dress the problems of homelessness. Environment health care coverage. Elderly Housing—At the beginning of the Superfund—The infamous Love Canal toxic Diabetes—Rep. LaFalce has been a leading 106th Congress, Rep. LaFalce introduced his waste scandal in Niagara County was the im- advocate for diabetes research and increased comprehensive ‘‘Elderly Housing Quality Im- petus for federal legislation to hold corpora- healthcare coverage for diabetes prevention provement Act’’ (HR 4817). The vast majority tions liable to pay for the clean-up of haz- and treatment programs. In 1997, he and his of these provisions were enacted into law by ardous waste sites across the country. Rep. colleagues on the Congressional Diabetes that Congress, including a $50 million initia- LaFalce first discovered the problems at the Caucus convinced Congress to show their tive to convert affordable seniors’ housing Love Canal neighborhood of Niagara Falls in commitment to conquering diabetes with the projects to assisted living facilities; a dou- the summer of 1977, and immediately wrote creation of the Diabetes Research Working bling of federal funding for service coordina- to Douglas Costle, U.S. Environmental Pro- Group (DRWG), a panel of leading diabetes tors, which help seniors access community tection Agency (EPA) Administrator, about researchers appointed by the National Insti- services and maintain their independence; the problem. He made the first of many per- tutes of Health, to develop a comprehensive and expanded funding for capital repair of af- sonal inspections of Love Canal a few weeks plan for the 21st Century for all NIH-funded fordable seniors’ rental housing. The 106th later, and brought President Jimmy Carter, diabetes research efforts, and to recommend Congress also approved legislation authored Governor Hugh Carey, Rep. Al Gore, and oth- future diabetes research initiatives. In 1999, by Rep. LaFalce to make it easier for elderly ers to Western New York for on-site visits. Rep. LaFalce authored H. Res. 325, express- homeowners to use reverse mortgages to pur- Rep. LaFalce urged swift action on reloca- ing the support of Congress for increased fed- chase long-term care insurance. tion of the residents and cleanup of the site. eral funding for diabetes research, awareness Federal Home Loan Banks—Rep. LaFalce As a result, the following year President and early detection programs. The LaFalce contributed significantly to the moderniza- Carter declared a health emergency at Love resolution passed the House unanimously, tion of the Federal Home Loan Bank Sys- Canal, paving the way for the relocation and 414–0. tem, a nationwide cooperative of twelve re- cleanup. Rep. LaFalce also worked closely with the gional banks formed in 1932 to improve the In response to the events at Love Canal, National Office of the American Diabetes As- flow of long-term funds and liquidity into Rep. LaFalce crafted and introduced the first sociation to protect coverage of Medical Nu- housing. In 1989, as part of FIRREA, he sup- Superfund legislation aimed at compen- trition Therapy (MNT) under Medicare for ported broadening its mission to include sating victims and taxing polluters to pay people with diabetes and to distinguish it rural housing, affordable housing, and eco- for the cleanup of toxic wastes they gen- from diabetes self-management training nomic and community development. He was erated. President Carter later submitted a (DSMT), a separate, though complimentary, actively involved in improving federal over- scaled-down version of the LaFalce bill, and service integral to diabetes care. He was hon- sight of the system through the establish- Congress subsequently approved it in Decem- ored in 2000 and 2002 by the American Diabe- ment of a stronger, more independent federal ber 1980. tes Association with its Valor Award in rec- regulator—the Federal Housing Finance In 1986, when the Superfund law was reau- ognition of his continuing efforts to secure Board—and by toughening capital and safety thorized, Rep. LaFalce drafted and success- increased funding for diabetes research and and soundness regulation. Throughout his fully fought for an amendment that specifi- ‘‘for his outstanding service to people with career, Rep. LaFalce worked closely with the cally targeted Love Canal, committing the diabetes.’’ various home loan banks, particularly the Federal Government to purchase rental Multiple Sclerosis—Rep. LaFalce intro- Federal Home Loan Bank of New York, and homes and commercial property in the Love duced the Multiple Sclerosis Treatment Act their executives, financial institution mem- Canal Emergency Declaration Area and to in 1997, and again in 2001, to provide for bers, and state, local and community organi- maintain property there, as well as to take Medicare Part B (Supplementary Medical In- zations, to maximize the contribution to the steps necessary to ensure that Love surance) coverage of certain self-adminis- both housing and economic development. Canal was fully remediated and monitored tered beta interferons and other biologicals Fannie Mae/Freddie Mac—A major factor for years to come. and drugs approved by the Federal Drug Ad- contributing to record national homeowner- In 1998, Rep. LaFalce was recognized for ministration for treatment of multiple scle- ship rates is the ready availability of afford- his efforts by the Center for Health, Environ- rosis. In 1995, he was honored by the National able mortgage loans offered by Fannie Mae ment and Justice, headed by former Love Multiple Sclerosis Society as ‘‘Congressman and Freddie Mac. Fannie Mae and Freddie Canal activist Lois Gibbs, at an awards cere- of the Year’’ for his ‘‘deep personal apprecia- Mac are private companies, but are federally mony in Washington to mark the 20th anni- tion and commitment to the needs of people chartered and federally regulated. versary of the emergency declaration at with MS.’’ Rep. LaFalce has constructively supported Love Canal. Sleep Disorders—Rep. LaFalce has been a the important role of these two lenders in Radioactive Waste Cleanups—Rep. LaFalce leader in advocating increased public aware- our mortgage markets in the face of congres- has been a national leader on the issue of ness of and research into sleep disorders, sional attacks, while at the same time sup- cleaning up sites contaminated by Manhat- which affect nearly two-thirds of American porting strong federal safety and soundness tan Project radioactive waste materials. adults. In 2001, he secured $125,000 in federal

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.017 E19PT1 E2098 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 funds for a joint educational program coordi- Internet Gambling—The National Commis- labor leaders; the financial services industry; nated between the University of Buffalo sion strongly reaffirmed the principle of representatives from industries such as steel, Medical School, Mount St. Mary’s Hospital state regulation of gambling, but made an autos, semiconductors, computers, and ma- Sleep Disorder Center in Lewiston, and Mil- important exception for Internet gambling. chine tools; academics; educator; scientists; lard Fillmore-Gates Hospital’s Sleep Dis- One of the Commission’s few unanimous rec- economists; community and citizens groups; order Center in Buffalo. In 2001, Rep. LaFalce ommendations was a call for congressional agricultural specialists; representatives of received the National Sleep Foundation’s action to restrict illegal Internet gambling, the military and the defense industry. The very first Public Policy Leadership Award as and specifically legislation to block credit Buffalo News said these hearings, held over a ‘‘Congressman of the Year’’ in recognition of card and other electronic payments that four-year period ‘‘assembled this century’s his efforts to increase national attention to make on-line betting possible. Rep. LaFalce most complete record on the inter-workings the problem of sleep disorders. introduced the ‘‘Internet Gambling Pay- of American manufacturing, monetary and Respiratory Studies—Rep. LaFalce has ments Prohibition Act’’ in 2000 to implement trade policy.’’ long been concerned about the respiratory the Commission’s recommendation to pro- In the course of these hearings in 1983, Rep. health of Western New Yorkers, and the ef- hibit all forms of payment for gambling bets LaFalce first focused national attention on fects of air pollution on respiratory disease over the Internet. This bill was merged with the economic growth strategies of many aca- and other illnesses. In 2001, he obtained a similar proposal by Rep. Jim Leach (R- demics and other experts who would one day $213,000 from the Centers for Disease Con- Iowa) in 2001 and provided the basis for the be household names: Laura D’Andrea Tyson, trol’s National Center for Environmental bipartisan ‘‘Leach-LaFalce Internet Gam- Ira Magaziner, Robert Reich, and a young Health for Buffalo General’s Center for Asth- bling Enforcement Act’’ (HR 556) that was governor from Arkansas arguing for innova- ma and Environmental Exposure to conduct approved by the House by voice vote in Octo- tive approaches to economic policy, Bill a study of the respiratory health of residents ber, 2002. Clinton. in neighborhoods adjacent to four inter- Rep. LaFalce introduced legislation to ad- national bridges: the Peace Bridge, the Rain- Trade and competitiveness dress these industrial competitiveness prob- bow Bridge, the Whirlpool Bridge and the Can-Am Free Trade—Rep. LaFalce became lems. His bill, H.R. 4360, created (1) a Council Lewiston-Queenston Bridge. the principal leader in Congress on the sub- on Industrial Competitiveness to provide a The study was conducted to help determine ject of free trade with Canada, our largest forum for labor, business, government, aca- to what extent, and in what ways, the health trading partner. He conducted several hear- demia, and public interest groups so that of local residents is adversely affected by ings on the issue and spoke continuously on they could work cooperatively to develop a bridge traffic. It will also help bring health its behalf, both in the U.S. and Canada. His competitiveness strategy; (2) a Bank for In- concerns to the forefront of discussions efforts reached fruition with implementation dustrial Competitiveness to provide financial about reducing congestion and improving of the historic U.S.-Canada Free Trade assistance for the restructuring of basic in- traffic flow at each of the four bridges and Agreement. It was a step Rep. LaFalce had dustries and for the capitalization of new border-crossings been advocating since 1986, when he began and innovative products and/or technologies; Gambling his series of seven hearings on trade with and (3) a Federal Industrial Mortgage Asso- National Gambling Study Commission— Canada. In recognition of his work, Presi- ciation designed to improve the functioning Rep. LaFalce has been one of the House’s dent Reagan gave Rep. LaFalce a pen at the of capital markets for small- and medium- leading activists on gambling issues. As signing ceremony and chose Niagara Falls as sized businesses by increasing the avail- Chairman of the Small Business Committee, the site of the National Conference on the ability of long-term capital. The bill was co- he conducted a hearing in 1994 that docu- Can-Am Free Trade Agreement. The U.S. sponsored by 103 House Members. mented the rise in business failures and sent Trade Representative Carla Hills, and White House Conference on Productivity— other economic problems following the in- Canada sent its Ambassador to the U.S., As Chairman of the House Banking Commit- troduction of casino and river boat gambling Derek Burney to join LaFalce as keynoters. tee’s Subcommittee on Economic Stabiliza- in a number of U.S. communities. The hear- NAFTA—As leader in Congress for free— tion, Rep. LaFalce aggressively tackled real- ing convinced him that local officials re- but fair—trade pacts with other nations, istic ways to rectify the nation’s dismal per- quired more comprehensive information be- Rep. LaFalce was a leading opponent in 1993 formance in those years in the areas of pro- fore considering high stakes gambling as an of the proposed North American Free Trade ductivity and competitiveness. He worked on economic development strategy. He intro- Agreement with Mexico and Canada. He the productivity issue for years to focus the duced the first legislation in Congress in 1994 chaired a series of hearings in the Congress attention of the President, leaders of Amer- calling for a special national commission to which exposed the potential difficulties of ican labor and industry, and all Americans conduct a comprehensive study of all aspects NAFTA for all three nations and continued on the importance of increasing U.S. produc- of the gambling issue. His chief co-sponsor to raise concerns about the effects the agree- tivity for the nation’s economic well-being. on the bill was Rep. Frank Wolf (R–VA). ment would have on environmental, labor, In 1982, as Chairman of a Small Business With the shift in control of the House in 1995, and political standards in North America. Subcommittee, he won enactment of legisla- he joined with Rep. Wolf in introducing a bi- Rep. LaFalce argued at the time that the tion mandating a White House Conference on partisan commission proposal that was en- economies and political institutions in the Productivity, which was held in the fall of acted by Congress in 1996. The National United States and Mexico were far too dif- 1983 with over 1,000 participants. Keynote Gambling Impact Study Commission began ferent to allow for open markets between the speakers included President Reagan, Vice work in 1997 and submitted its detailed re- two countries. He pointed to important po- President Bush, the Secretaries of State, port to Congress in June, 1999. The Commis- litical and judicial reforms, as well as basic Commerce, Treasury, and Labor, and Rep. sion succeeded in taking one of the most dif- labor and environmental protections, that LaFalce. ficult and divisive issues in America and pro- were needed in Mexico before both countries Trade with China—Rep. LaFalce’s support ducing an extremely detailed and thoughtful could reasonably benefit from a trade agree- was instrumental in passage of legislation study with more than 70 recommendations ment. He also highlighted the environmental extending Permanent Normal Trade Rela- for federal, state and tribal policy. blight and desperate economic and health tions (PNTR) with China in 2000. He was one Gambling and Credit Cards—The National conditions evident in the trade zones along of handful of senior Democrats whose sup- Gambling Impact Study Commission re- Mexico’s border, commonly known as port ultimately swayed other Members and ported that problems associated with com- maquiladoras. led to passage of the historic legislation; his pulsive or pathological gambling had in- Rep. LaFalce also pointed to the dangers of May 2000 speech in support of PNTR was creased dramatically with the spread of high macroeconomic instability in Mexico in the widely cited and reprinted at the time of the stakes gambling to more U.S. cities. It at- context of the trade agreement, accurately debate. Rep. LaFalce argued that engaging tributed part of the problem to the growing predicting a major devaluation of the Mexi- with China economically would provide a availability of cash and credit in and around can peso. The peso devaluation necessitated powerful boost to pro-democracy forces with- gambling establishments and called for legis- a massive financial bailout provided by the in the country, contrasting the failure of lation to remove ATM, credit card and other United States and the International Mone- U.S. policy toward Cuba with the benefits of electronic funds transfer devices from gam- tary Fund. a more open policy toward China. Rep. La- bling areas. Within months of receiving the Industrial Policy Hearings—As Chairman Falce also worked with congressional leaders Commission’s report, Rep. LaFalce intro- of the Banking Committee’s Subcommittee to ensure that passage of PNTR came with duced legislation to implement these impor- on Economic Stabilization, Rep. LaFalce led adequate attention and protections in the tant recommendations. The ‘‘Gambling ATM an unprecedented effort to examine the need areas of human rights and import surges. and Credit/Debit Card Reform Act of 1999’’ for an industrial policy to enhance U.S. in- Exchange Rates—Rep. LaFalce’s concern prohibited gambling establishment from dustrial competitiveness vis-a-vis our major over the destructive economic impact of cur- placing credit card terminals, debit card trading partners. He held over 30 days of rency crises and misaligned exchange rates point of sale devices or ATM machines with- hearings on the subject with over 150 wit- led to legislative provisions in The Omnibus in the immediate area of gambling activity. nesses testifying before the Subcommittee. Trade and Competitiveness Act of 1988, Its purpose was to minimize the possibility The witnesses represented all walks of life, which requires the U.S. Treasury to focus of financial institutions becoming unwitting including: representatives from all levels of more closely on exchange rates and report to accomplices in encouraging compulsive be- government; the business community, in- Congress semiannually on the performance havior. cluding small firms and large corporations; of exchange rates. Since then, the Treasury

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.018 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2099 Department has been writing and sending The Caucus was also a major force behind plans to modernize and renovate the Rain- the ‘‘LaFalce Report’’ to Congress every six successfully postponing implementation of bow, Whirlpool and Lewiston-Queenston months on currency exchange rates and Section 110 of the 1996 Immigration Reform bridges at a cost of $121 million. highlighting potential problems. Act, which would have hampered trade and In June, 2002, Rep. LaFalce helped bring Currency Devaluation—Rep. LaFalce has tourist traffic by imposing a cumbersome $5.1 million in federal transportation grants been a leader in Congress on issues related to entry-exit documentation system. In addi- to Western New York for upgrading and the performance of international currencies. tion, the Caucus has provided Members with strengthening U.S.-Canadian border cross- He held hearings in 1993 on the probable de- numerous forums to discuss their concerns ings to help keep pace with the growing valuation of the Mexican peso, which oc- about the border with U.S. and Canadian of- number of trucks and passenger vehicles curred in 1994, and has been actively engaged ficials. using those bridges each day. in U.S. responses to currency crises globally In recognition of his leadership on U.S.-Ca- Border Staffing Levels—With respect to over the past 20 years. nadian Border Issues, Rep. LaFalce was hon- staffing and infrastructure concerns along Regarding the Mexican peso devaluation, ored in 2002 by the Canadian/American Bor- the Northern Border and in Western New the late Washington Post columnist, Hobart der Trade Alliance for his ‘‘many meaningful York specifically, Rep. LaFalce has been the Rowen, wrote in a February, 1995 column: contributions to the improvement of U.S.- most active and vociferous Member in Con- ‘‘Rep. John J. LaFalce has a right to say, ‘I Canadian Trade, Transportation and Border gress. During the 106th Congress alone, in told you so.’ (LaFalce) predicted that peso Management.’’ order to highlight the needs of the Niagara devaluation was inevitable . . . and begged Repeal of New Entry-Exit Implementation River bridges, he met with Raymond Kelly, the Clinton administration to recognize that System, Section 110—The 1996 Immigration Commissioner, U.S. Customs Service; Bob the North American Free Trade Agreement Reform Act directed the INS to implement a Trotter, Northern Border Coordinator, U.S. provided no method to coordinate the two new entry-exit documentation system at Customs Service; Elisabeth Bresee, Assistant countries’ monetary policies. . . . If Clinton points of entry along the nation’s borders. Secretary (Enforcement), Treasury Depart- and his advisers had paid attention to La- Because of concerns about the harmful im- ment; Doris Meissner, Commissioner, U.S. Falce and his supporters, he might not now pact on trade and tourism that this would Immigration and Naturalization Service; and be engaged in an indefensible bailout of Wall have on Western New York, repeal of Section Jack Lew, Director, Office of Management Street investors, including major mutual 110 was the top legislative priority of local and Budget. fund managers who made greedy, high-yield chambers of commerce in the Buffalo-Niag- As a result of his efforts as co-chair of the gambles in Mexico after the passage of ara region. Rep. LaFalce authored the legis- Northern Border Caucus, the USA–PATRIOT NAFTA.’’ lation in 1997 to repeal the implementation Act, signed into law on October 26, 2001, in- Debt Relief—Rep. LaFalce authored the of Section 110 and later negotiated a 30- cluded provisions to triple the authorization provision in the 1988 Trade Act that would month implementation delay just days be- for staffing for the INS and the Customs have created an international mechanism to fore the original start date of September 30, Service for the Northern Border. As a result, avoid sovereign debt defaults in the after- 1998. But it remained clear that a delay could math of the Latin American debt crises. Sub- the FY02 appropriations bill included fund- not sufficiently satisfy his concerns that the ing for 348 new INS border ports-of-entry in- sequent reluctance by the Reagan Adminis- INS might develop an entry-exit system at tration ultimately blocked the implementa- spectors, an additional $55.8 million for addi- the border that would prove disastrous to the tional INS inspectors and support staff on tion of the debt mechanism. Yet, nearly 15 people of New York and other northern bor- years later, the International Monetary the Northern Border, and least 142 Border der states. Throughout the spring of 2000, Patrol agents at the Northern Border. In ad- Fund introduced a similar proposal to ad- Rep. LaFalce negotiated with a bipartisan dress sovereign debt crises, this time in reac- dition, the Customs Service received funding group of Members the ‘‘Section 110 Reform for more than 300 Customs officials at the tion to a string of debt crises during the Act,’’ a de facto repeal of this injurious pro- 1990s and into 2001. Northern Border. Finally, $2.3 million to sup- vision. In June, 2000, the President signed port 100 National Guard troops for three Ex-Im Bank—Rep. LaFalce was instru- the act into law and ended the threat to our mental in the creation and passage of the months to enhance security and expedite border. U.S. Customs Service checks at U.S.-Cana- Export-Import Bank Reauthorization Act of Commuter Students—In August 2002, Rep. dian ports of entry was also appropriated for 2002. The Ex-Im Bank promotes U.S. exports LaFalce successfully persuaded the Bush Ad- FY02. to other countries and has been an engine of ministration to reverse the INS decision to job creation in the nation’s economy. His prevent part-time students from Canada and International financial issues work on the 2002 legislation greatly ex- Mexico from commuting to classes at U.S. Rep. LaFalce distinguished himself panded Ex-Im Bank’s support for small busi- colleges and universities along the border. throughout his career for his leadership on ness exporters, as well as women and minor- When the INS announced its sudden change international financial, trade, and develop- ity-owned businesses. In July 2002, Rep. La- of policy in May 2002, he immediately intro- ment issues. His work in these areas reflects Falce was honored by the Coalition for Em- duced legislation in Congress to ensure that both his moral sense and mastery of complex ployment through Exports for his work on Mexican and Canadian part-time students financial and economic issues. His ability to the Ex-Im Bank Reauthorization Act and could continue to enroll in educational insti- held the cause of social justice with an un- was recognized as a leader in the Congress in tutions across the border. As Chairman of derstanding of global markets has made him promoting U.S. exports. the Congressional Northern Border Caucus, a uniquely effective advocate and policy- Northern Border he also mobilized 30 of his colleagues and maker in areas such as debt relief for poor Throughout his career in Congress, Rep. New York’s two Senators to join in demand- countries and the resolution of international LaFalce has worked tirelessly to strengthen ing an immediate reversal of the INS deci- financial crises. the U.S.-Canada relationship. From meetings sion. On August 24, the Bush Administration The Multilateral Development Banks and with Canadian Ambassadors to the United relented and announced that the INS would the International Monetary Fund—Rep. La- States and our nation’s ambassadors to Can- reverse its previous decision so that part- Falce has been a leader in crafting U.S. pol- ada, annual meetings of the Can-Am Inter- time students would again be able to enroll icy in the Multilateral Development Banks parliamentary conference, to frequent con- in U.S. academic institutions. and the International Monetary Fund (IMF). versations with Canadian counterparts NEXUS—NEXUS is an inspection program As the Senior Democrat on the House Bank- across the Niagara River and colleagues in that allows pre-screened, low-risk travelers ing Committee, he helped craft landmark re- the House and Senate, he has been a leader to be processed with little or no delay by forms in the IMF and the World Bank during on every bilateral issue between our two U.S. and Canadian border officials. On April the 1990s, bringing more transparency and countries that affect his congressional dis- 29, 2002, Rep. LaFalce urged the INS and the accountability to the institutions and focus- trict: Customs Service to select Buffalo for the ing their missions to bring greater effective- Northern Border Caucus—Rep. LaFalce is next implementation of NEXUS. The agen- ness in achieving global economic develop- the founding member and Chairman of the cies agreed. NEXUS enrollment centers ment and poverty reduction. Congressional Northern Border Caucus, an opened in Buffalo in October, 2002, and will Rep. LaFalce also co-authored the bill cre- officially recognized Congressional Member be operational at the Peace Bridge beginning ating the European Bank for Reconstruction Organization consisting of Members rep- in January, 2003. It will be expanded to the and Development (EBRD). This regional resenting the northern border states. The Lewiston-Queenstown Bridge and the Rain- multilateral development bank was estab- Caucus, which he founded in 1994 when the bow Bridge (and potentially the Whirlpool lished in 1991 when communism was crum- North American Free Trade Agreement Bridge) by spring of 2003. bling in central and eastern Europe and ex- (NAFTA) was implemented, deals with pol- Niagara Bridges—Rep. LaFalce authored soviet countries needed support to nurture a icy concerns and issues that affect U.S.-Ca- special legislation permitting the Niagara new private sector in a democratic environ- nadian relations and the two nations’ eco- Falls Bridge Commission (NFBC) to move ment. Through his travels in the region after nomic partnership. forward with $121 million in bridge improve- the fall of communism, Rep. LaFalce recog- The Caucus has worked to obtain increased ments in 1991. Specifically, he worked to nized the need for a private sector develop- funding for the U.S. Customs Service, Immi- amend federal law to lift the interest rate ment institutions and worked aggressively gration and Naturalization Service, and the cap on NFBC bonds and to make the interest in the Congress to authorize creation of the Border Patrol for activities along the North- on NFBC bonds tax-exempt. The changes al- EBRD. Today the EBRD is helping to build ern Border. lowed the NFBC to move forward with its market economies and democracies in 27

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.020 E19PT1 E2100 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 countries from central Europe to central port of efforts to eradicate AIDS, tuber- key sections of the anti-terrorist ‘‘PATRIOT Asia. culosis, and malaria globally. The fund will Act,’’ primarily those dealing with money Third World Debt Relief—During 2000, Rep. use public and private contributions to assist laundering. He played a leading role in House LaFalce fought hard and successfully to pass poor countries in implementing programs to passage of legislation to provide for contin- historic legislation on international debt re- address these devastating diseases. So far, fi- ued insurance coverage against terrorist at- lief. Although few believed that legislation nancial commitments to the fund from door tacks. And he worked with the Bush Admin- could be enacted to cancel the oppressive countries and private institutions have ex- istration to secure disaster assistance for debts of highly indebted poor countries, he ceeded $1.5 billion. small businesses. joined with the Chairman of the House Bank- Human Rights and International Finance— The USA PATRIOT Act—In the wake of ing Committee to introduce H.R. 1095, the Rep. LaFalce has been a leading voice for the the September 11, 2001 terrorist attacks, Rep. Debt Relief for Poverty Reduction Act of cause of human rights across the globe. As LaFalce called on President Bush to take 1999. In 2000, Rep. LaFalce’s efforts were in- Chairman of the House Small Business Com- bold steps in the international arena to sup- strumental in securing $435 million for debt mittee, Rep. LaFalce was actively engaged port enactment of tougher anti-money laun- relief in the FY 2001 Foreign Operations Ap- in promoting human rights in Mexico, meet- dering laws here at home. He called for the propriations Act. ing with key human rights activists such as passage of an anti-money laundering bill he In helping to make the debt relief initia- Jorge Castaneda. He convened hearings to had worked closely with the Clinton Admin- tive a reality, Rep. LaFalce worked closely examine the mistreatment of activists by istration and Sen. John Kerry (D–MA) to in- troduce during the 106th Congress. Rep. La- with the Episcopal Church, the Catholic the Mexican government. Concern about Falce successfully shepherded his legislation Church, and relief groups like Oxfam. For his human rights abuses in Mexico contributed into law in the 107th Congress. The legisla- leadership on debt relief and his humani- to his decision to oppose the North American tion he authored was incorporated as a sepa- tarian work in Congress, Rep. LaFalce was Free Trade Agreement. rate title in the landmark USA PATRIOT honored by both Bread for the World and As Ranking Democrat on the former House Act (PL 107–56), a comprehensive law in- Oxfam America, two major global anti-pov- Banking Committee, Rep. LaFalce won en- tended to bolster the U.S. government’s abil- erty organizations. actment of landmark human rights provi- ity to fight terrorism. Rep. LaFalce’s legisla- Debt-for-Equity/Environment—Rep. La- sions contained in authorizing legislation for tion represented the PATRIOT Act’s Falce was a leader in the Congress in ad- the IMF, the World Bank, and the regional dressing the Latin American debt crisis of ‘‘financial war on terrorism’’ component. development banks, as well as in legislation His legislation provided the United States the 1980s. He fought for language in the 1988 to forgive debt in poor countries. As a result Trade Act that would have created an inter- with new tools to combat money laundering of these provisions, all government-spon- threats from overseas, and to prevent the use national mechanism to address debt prob- sored international financial institutions are lems. President Reagan vetoed an earlier of the domestic financial system by money now required to incorporate human rights launderers, terrorists, and corrupt foreign of- version of the Trade Act, in part over opposi- considerations into their oppositions, and tion to the LaFalce debt plan. As signed into ficials. The bill specifically addressed the debt relief is only provided countries with abuse of offshore secrecy havens by crimi- law, the debt language in the 1988 Trade Act acceptable human rights records. Rep. La- was substantially weakened due to the nals and terrorists who seek to launder their Falce was also successful in creating a com- illicit monetary gains. By strengthening the Reagan Administration’s influence. mission to monitor human rights in China as Rep. LaFalce also promoted innovative Treasury Secretary’s ability to curb part of legislation authorizing permanent debt relief strategies such as debt for equity terrorists’s abuse of offshore secret accounts, normal trade relations. and debt for environment ‘‘swaps,’’ which the legislation authored by Rep. LaFalce In 2000, Rep. LaFalce led congressional ef- provided debt relief for developing countries should help immensely to dismantle existing forts to ratify a new International Labor Or- while also ensuring sound economic and en- terrorists’ financial networks—a key battle ganization Convention on abusive child vironmental policies in these countries. in the global war on terrorism. labor. Rep. LaFalce stood at President Clin- The law provides the Treasury Secretary After traveling to post-communist Central ton’s side as he signed the ratification legis- with the authority and discretion to address and Eastern Europe, Rep. LaFalce intro- lation into law in Seattle. specific money laundering infractions, which duced legislation in 1990 directing the Sec- Privatization—In the midst of rapid eco- U.S. law enforcement agencies could not do retary of the Treasury to negotiate for the nomic change in the former communist under the previous legal regime. That regime establishment within the European Bank for countries during the 1990s, Rep. LaFalce be- offered limited options for law enforcement: Reconstruction and Development of: (1) an came a leading proponent for the view that the Treasury Secretary could either issue in- Environmental Trust Fund to make loans privatization of state-owned industries, formational advisories to U.S. financial in- available at concessional interest rates for while often necessary, needed to be imple- stitutions about specific offshore jurisdic- environmental protection projects; and (2) mented in the context of sound regulatory tions or take the more extreme approach of requirements for environmental impact as- regimes. He believed that the architects and invoking sweeping and often disruptive eco- sessments of all proposed operations with po- proponents of privatization schemes, both in nomic sanctions. The new law allows the tential environmental impacts. The legisla- the post-communist countries and in institu- Secretary to identify specific overseas finan- tion also authorized the President to permit tions like the IMF and World Bank, were ex- cial institutions as engaging in money laun- Central European countries (defined for pur- clusively focused on the efficiencies achieved dering and to prevent U.S. institutions from poses of this Act as Czechoslovakia, Hun- through privatization, paying no attention doing business with such institutions. gary, Poland, and Yugoslavia) with emerging to equity concerns. Without adequate anti- Rep. LaFalce’s legislation provided the market economies to pay debt owed to the corruption measures, protections for work- Treasury Secretary new discretionary au- United States into local currency trust ac- ers, and small business owners and investors, thority, which can be invoked under certain counts to be used for environmental protec- Rep. LaFalce argued that rapid privatization select circumstances. For example, the Sec- tion and economic development projects. could ultimately leave the countries in retary could use this authority if he or she Brady Plan—Rep. LaFalce long argued for worse shape. He spoke out against were to identify an area of ‘‘primary money a new regime for Third World debt restruc- ‘‘nomenklatura’’ privatization in Russia and laundering concern’’ offshore. If invoked by turing, beginning during the time James ‘‘patron’’ privatization in Mexico, first as the Treasury Secretary, this discretionary Baker was Secretary of the Treasury. He was Chairman of the Small Business Committee tool would only apply to the overseas activi- delighted when Nicholas Brady was ap- in 1994 and later during hearings in the ties of U.S. financial institutions, not domes- pointed Treasury Secretary by President House Banking Committee. tic activities. The approach taken in the La- Reagan and called Rep. LaFalce to his office Rep. LaFalce’s concern that reckless pri- Falce legislation offers the kind of regu- to discuss debt restructuring. Rep. LaFalce vatization programs were being supported latory flexibility, which did not exist pre- had authored an op-ed on the subject in the through U.S. foreign aid and through the viously, needed to tackle a fast-moving and September/October 1988 issue of The Inter- international financial institutions (IFIs) led remarkably adaptable class of criminals, national Economy, in which he urged the him to introduce privatization provisions in particularly terrorists. More recently, var- new Treasury Secretary to ignore the advice authorizing legislation for the IFIs in 2001. ious provisions in the legislation have been predecessor Baker on Third World Debt re- His concern was confirmed recently by anal- successfully used by U.S. law enforcement lief. The Administration subsequently adopt- ysis released by the International Monetary officials in their efforts to track down the ed Rep. LaFalce’s recommendations to de- fund, which indicated that failed privatiza- sources of funding for Al-Qaeda and other vise and implement a new regime for debt re- tion efforts during the 1990s were the result terrorist organizations. structuring, which came to be known as the Small Business Relief—In the immediate of inadequate regulatory oversight, Reflect- ‘‘Brady Plan.’’ In arguing for the importance aftermath of September 11th, Rep. LaFalce ing Rep. LaFalce’s earlier statements, the of debt forgiveness tied to sound policy re- introduced legislation to help small busi- IMF study suggested that the IFIs were too form in poor countries, Rep. LaFalce would nesses impacted by the terrorist attacks. quick to support rapid privatization without help lay the groundwork for the landmark The ‘‘Terrorist Disaster Relief for Small adequate regulation. Heavily Indebted Poor Country Initiative a Business Act’’ addresses the economic hard- decade later. Terrorism response ships of small businesses who are suffering AIDS Trust Fund—Rep. LaFalce was in- Rep. LaFalce authored several key bills to ripple effects from the September 11th at- strumental in passage of legislation in 2000 address the impacts of the September 11th tacks. Just weeks after Rep. LaFalce’s intro- to create an international trust fund in sup- terrorist attacks on our nation. He authored duction of the bill, the Bush Administration

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.021 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2101 undertook regulatory changes to make more Rep. LaFalce was made an honorary citizen in Congress and to promote greater research small businesses eligible for disaster assist- of both Marcedusa and Calabria. His paternal into diabetes and diabetes-related complica- ance. The Administration’s action expanded grandparents—Giovanni LaFalce and tions. Due to Rep. LaFalce and the influence eligibility for loans to disaster-impacted Concetta Mancuso—came from Calabria, of the Caucus, Congress established the Dia- businesses at interest rates as low as 4 per- were married and lived in Marcedusa betes Working Group to advise the NIH on cent, and for terms of up to 30 years. The (population 500), before emigrating to the research needs and priorities. Most recently, Bush Administration has indicated that it United States. While he appreciated his hon- in October, 2002, Rep. LaFalce and his col- plans to allocate funds in the FY 2002 budget orary citizenship, he especially prized the leagues in the Caucus introduced the Pan- to leverage approximately $1 billion in new gift of a bottle of olive oil made from the ol- creatic Islet Cell Transplantation Act to Small Business Administration disaster ives of the trees planted and nourished by his help advance islet cell transplantation, the loans. grandfather. most exciting advance in diabetes research Victory Bonds—Following the September The pastor of St. Andrea the Apostle since the discovery of insulin in 1921. Rep. 11th terrorist attacks, Rep. LaFalce received Church in Marcedusa, where Rep. LaFalce’s LaFalce and the Caucus have secured mil- numerous calls from his constituents about grandparents were married, showed him a lions in federal funding for Medicare cov- how they could help in the recovery efforts, statue of the Blessed Virgin Mary that was erage of diabetes education and supplies, re- and how they could show their support bought by his grandparents and donated to search and treatment initiatives through the against international terrorists. Rep. La- the Church in gratitude for the blessings National Institutes of Health, the Depart- Falce heeded these calls by immediately in- they had received in America and in appre- ments of Health and Human Services, Vet- troducing legislation to authorize the ciation to the people of Marcedusa who had erans Administration, Indian Health Service issuance of special ‘‘Victory’’ savings bonds. given them their roots. and the Agriculture Cooperative Extension The effort was modeled on a proud tradition Order of Merit—Rep. LaFalce received Service. in America that dates back to the Second Italy’s highest rank of decoration, the Order Sampling of honors and awards World War, when government bond sales gen- of Merit, from Italian Ambassador to the Honorary Doctorates—Rep. LaFalce has erated over $200 billion to fund the war ef- U.S. Boris Biancheri. The Ambassador jour- received four honorary degrees from univer- fort. Recently, the U.S. Treasury responded neyed to Western New York to make the sities that awarded him for his public serv- by re-designating its current series EE sav- presentation, awarded for Rep. LaFalce’s ac- ice, his integrity, and his leadership. ings bonds as ‘‘Patriot Bonds.’’ This move is complishments as a leading Italian-Amer- In 1991, the Villanova University School of intended to encourage Americans to con- ican. The award named him a Knight-Com- Law recognized him with an Honorary Doc- tribute to the government’s anti-terrorism mander of the Order of Merit of the Republic tor of Laws degree. In 1990, Canisius College campaign. of Italy, or ‘‘Commendatore,’’ that country’s awarded Rep. LaFalce on honorary Doctor of Terrorism Reinsurance—Rep. LaFalce highest civilian honor. Humane Letters degree for his played a leading role in the House’s passage Caucus/conference participation ‘‘Extraordinary leadership as a Member of of legislation that would provide for the con- U.S.–Canada Inter-Parliamentary Group— Congress and champion of the citizens of tinuation of insurance coverage against ter- Rep. LaFalce has been an active member of Western New York.’’ rorist attacks, which was in danger of dis- the United states—Canada Inter-Parliamen- St. John’s University awarded him an hon- appearing, or being too costly, after Sep- tary Group. The group meets annually to orary Doctor of Laws degree in 1989, empha- tember 11th. Agreement has been reached on create a network among Canadian and Amer- sizing in their commendation that Rep. La- the bill and the conference report should be ican legislators to discuss issues of mutual Falce proves that ‘‘public service in a democ- approved in November. interest in the areas of Trade and Economic racy can be the most noble of professions.’’ Islam Resolution/Imam Guest Chaplain— Issues, International Relations, and Trans- Niagara University also awarded him an Rep. LaFalce has always been a strong advo- border Issues. honorary Doctor of Laws in 1979. The Niag- cate for freedom of religious expression in Congressional Study Group on Germany— ara University citation read in part: America. In the aftermath of September 11, Rep. LaFalce has long been a member of the ‘‘...Three qualities emerge as best describing he grew increasingly concerned that this pre- Congressional Study Group on Germany; in the man: honesty, energy and conviction. His cious freedom might be compromised, par- 1999 he served as vice chair, and in 2000 as honesty is attested by the estimation that ticularly with respect to Muslims, out of fear chairman. The group meets once a year al- he knows who he is, whom he represents, and and in the name of ‘‘defense against ter- ternating between Germany and the U.S. In what he is doing in Congress. His energy is rorism.’’ In November 2001, Rep. LaFalce in- 2000, when Rep. LaFalce was chairman, the realized in the extent and diversity of his in- troduced H. Res. 280, a resolution recognizing members of the German Bundestag came to volvement and legislative efforts...as well as Islam as one of the great religions of the the annual conference in Niagara Falls, New his thoroughness, his dogged determination world and commending Muslims on their York. to see a matter through to its completion. faith, particularly during the Islamic holy Argentina Task Force—In 2002, Rep. La- His conviction is demonstrated by a creed month of Ramadan. At Rep. LaFalce’s re- Falce was asked by the Inter-American Dia- which avows: regardless of which side of the quest, the U.S. House of Representatives logue to co-chair an elite group of policy- aisle it originated, ‘Truth is truth, Justice marked the commencement of Ramadan for makers charged with offering recommenda- will out, and the Law must be upheld’.’’ the very first time, when, with the concur- tions to resolve Argentina’s economic crisis. Homeownership Alliance—the rence of Speaker Dennis Hastert, he ar- Rep. LaFalce co-chairs the task force with ‘‘Homeownership Hero’’ award was presented ranged an invitation to Muslim Chaplain at Ambassador Carla Hills. In his appointment to Rep. LaFalce by the Homeownership Alli- Georgetown University, Imam Yahya Hendi, as co-chair, Rep. LaFalce was recognized for ance to recognize his ‘‘outstanding contribu- to offer the opening prayer before the U.S. his leadership on international debt issues tion to the expansion of homeownership op- House of Representatives. and his expertise in Latin America. portunities for all Americans.’’ 2002 Italian-American heritage Bilderberg Conference—Rep. LaFalce was Financial Services Roundtable—Rep. La- Rep. LaFalce is one of our nation’s leading the only Member of the U.S. House of Rep- Falce was honored by the Financial Services Italian-Americans. Over the years, he has resentatives to participate as a member of roundtable with its ‘‘American Financial been showered with honors for his leader- the fiftieth meeting of the Bilderberg Con- Leadership Award’’ for ‘‘his superb leader- ship, his integrity, and his dedication to ference, held in Virginia from May 30th— ship...in reforming the financial services in- those he serves. June 2nd 2002. The Bilderberg Meeting gath- dustry which is so vital to the economy of Italian-American Heritage Award—Rep. ered 115 of the world’s most influential lead- our state and nation.’’ 2000 LaFalce received the ‘‘Italian Heritage ers from 20 countries to discuss a variety of National Association of Federal Credit Award’’ from the Italian Heritage and Cul- national and international issues. Partici- Unions—A special career recognition award ture Club of Western New York. The club pants included leaders of government, busi- was given to Rep. LaFalce by the National then renamed the award the ‘‘JOHN J. La- ness, and academia, such as Henry Kissinger, Association of Federal Credit Unions ‘‘for FALCE Italian Heritage Award’’ for future David Rockefeller, Donald Rumsfeld, Larry being a champion for federal credit unions recipients. Summers, Carla Hills, Alan Greenspan, and their members for more than twenty-five Delegation Dean—As the most senior Fannie Mae Chairman Franklin Raines, years.’’ 2002 Italian-American serving in the U.S. Con- World Bank President James Wolfensohn, Oxfam International & Bread for the gress, Rep. LaFalce was the Dean of the DaimlerChrysler Chairman Jurgen World—For his successful humanitarian Italian-American Congressional Delegation. Schrempp, and Deutsche Bank Chairman work in Congress on behalf of debt relief for In 2001, he led a fact-finding trip to Italy Hilmar Kopper. The next meeting of the the world’s poor, Rep. LaFalce was honored sponsored by the National Italian-American Bilderberg Conference will be in May, 2003 in by Oxfam International and Bread for the Foundation (NIAF), the leading advocacy Versailles. World, two global anti-poverty organiza- group for Americans of Italian descent. The Diabetes Caucus—Rep. LaFalce is Co-Vice tions, ‘‘for helping break the cycle of pov- LaFalce/NIAF delegation traveled to Rome, Chair and a founding member of the Congres- erty.’’ 1999 the Vatican and the southern region of sional Diabetes Caucus, one of the largest National Association of Realtors—Rep. La- Calabria. and most influential congressional organiza- Falce was awarded the National Association In the village of Marcedusa, in the Prov- tions. Founded in 1995, the Diabetes Caucus of Realtors’ ‘‘Legislative Leadership Award’’ ince of Catanzaro, in the Region of Calabria, strives to increase the awareness of diabetes in the 106th Congress ‘‘In appreciation for his

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outstanding leadership in supporting legisla- New York State Realtors—Rep. LaFalce proposed by Rep. EDDIE BERNICE JOHNSON in tion to help families achieve the American was honored by the New York Realtors for the NSF authorization bill she introduced, and dream of homeownership.’’ his ‘‘consistent contributions to the develop- I cosponsored, last year. Center for Health, Environment and Jus- ment of the community by participation in tice—On the 20th anniversary of the Love civic affairs and by leadership and dedication The funding growth proposed by H.R. 4664 Canal crisis in his district, Rep. LaFalce was to making America better.’’ will enable the Foundation to expand its in- honored ‘‘for his significant role in assisting Housing Agencies of New York State—Rep. vestments in cutting-edge research initiatives residents to obtain justice’’ and for his LaFalce received the New York state Hous- and shore up its core research programs. ‘‘tireless efforts to move various agencies at ing Agencies’ Housing award ‘‘in recognition all levels of government that was above and of and appreciation of your continued sup- In particular, this new funding will enable beyond the call of duty.’’ 1998 port of those programs which provide hous- NSF to increase average grant size and dura- New York Credit Union—Rep. LaFalce was ing opportunities for low and moderate in- tion, as well as increase the number of new awarded the ‘‘Freedom of Consumer Choice come people in the United States.’’ awards. Due to budget constraints, NSF now Award’’ by the New York Credit Union Cam- declines more than $1 billion dollars worth of paign for Consumer Choice ‘‘for actively de- f research applications each year that receive fending the rights of consumers to choose H.R. 4664 their financial institutions and for pro- merit review scores as high or higher than the tecting the future of America’s credit average score for funded applications. SPEECH OF unions.’’ 1998 The funding authorized by H.R. 4664 will Small Business Council of America—In HON. RALPH M. HALL also begin to address the growing imbalance recognition of his work as Chairman of the OF TEXAS Small Business Committee, where he wrote in federal support for fundamental research in laws creating hundreds of thousands of jobs IN THE HOUSE OF REPRESENTATIVES the physical sciences and engineering relative in the small business sector, Rep. LaFalce Thursday, November 14, 2002 to the biomedical fields. This is a serious mat- received the ‘‘Congressional Award’’ from ter because, for any field of science, progress the Small Business Council of America, Mr. HALL of Texas. Mr. Speaker, I rise in is dependent on advances made in other which read in part: ‘‘when others trample support of the National Science Foundation fields. As pointed out by the past director of asunder the rights and best interests of Authorization Act, H.R. 4664, which provides a the National Institutes of Health, Nobel Lau- small business, he steps forward and moves 5-year reauthorization for the National Science reate Harold Varmus, most of the revolu- mountains.’’ Foundation’s research and education pro- tionary changes that have occurred in biology Associated General Contractors (NY State grams. Chapter)—In 1975, Rep. LaFalce had the dis- and medicine are rooted in new methods that, tinction of being the first of the newly-elect- The bill represents a bipartisan effort to pro- in turn, are usually rooted in fundamental dis- ed Members to have a bill he authored signed vide the level of resources necessary to sus- coveries in many different fields. into law. That bill preserved and created tain the important work of the National more than one-million construction jobs— Science Foundation in science and engineer- For the past half-decade, we have been 300,000 in New York State alone. For his ing research and education. very free in our support of biomedical re- work, the New York State Chapter of the As- I want to congratulate Research Sub- search. I consider that to be a very good thing sociated General Contractors honored Rep. committee Chairman SMITH and Ranking for all of our people. However, investing too LaFalce with its annual ‘‘Man of the Year’’ Democratic Member EDDIE BERNICE JOHNSON narrowly in medical fields without investing in award. for their efforts to craft the bill. I also want to all the other sciences—sciences that con- American Diabetes Association—As Chair- tribute to the base of knowledge necessary for man and Vice-Chairman of the House Diabe- thank Science Committee Chairman BOEHLERT tes Caucus, Rep. LaFalce was honored twice for his leadership and for working closely with medical breakthroughs—will lead to a slow- by the American Diabetes Association with this side of the aisle in developing the bill. down in medical progress in the long run. its Valor Award in recognition of his con- NSF is our premier agency for support of H.R. 4664 will provide the resources needed tinuing efforts to secure increased funding basic research at academic institutions in the by NSF to support multidisciplinary research for diabetes research and ‘‘for his out- physical sciences and the non-medical biologi- initiatives in such areas as nanotechnology, in- standing service to people with diabetes.’’ 2000, 2002 cal sciences, in mathematics, and in engineer- formation technology, and the mathematical National Multiple Sclerosis Society—Rep. ing. Basic research discoveries launch new in- sciences. It will allow construction of new na- LaFalce was honored as ‘‘Congressman of the dustries that bring returns to the economy far tional user facilities for astronomers, computa- Year’’ by the National MS Society for his exceeding the original public investment. tional scientists, earth and atmospheric sci- ‘‘deep personal appreciation and commit- In fact, over the past 50 years, half of U.S. entists, and life scientists. ment to the needs of people with MS who economic productivity can be attributed to have lost access to breakthrough treatments And equally important, the bill institutes new technological innovation and the science that programs to strengthen science and math because they are dependent on Medicare re- has supported it. Unfortunately, the simple imbursements.’’ 1995 education in the schools and to train the sci- National Sleep Foundation—The National truth is that during the 1990s we under in- entists and engineers the nation needs for the Sleep Foundation awarded Rep. LaFalce its vested in the fields of science that NSF sup- future. Without a constant infusion of well- very first Public Policy Leadership Award in ports. trained, talented young people into technically 2001 for his efforts in bringing the problem of A recent report from the National Academy challenging fields, our country would lose its sleep disorders to the nation’s attention. He of Sciences provides specific examples that edge on the rest of the world. secured $125,000 in federal funds for a sleep make this case. The report shows that be- disorder educational program to be con- tween 1993 and 1999 federal research sup- H.R. 4664 incorporates many provisions ducted jointly by the University at Buffalo from the National Mathematics and Science Medical School, Mount St. Mary’s Hospital port at academic institutions fell by 14 percent in mathematics, by 7 percent in physics, by 2 Partnerships Act that passed the House earlier Sleep Disorder Center in Lewiston, and Mil- this year. These important provisions are de- lard Fillmore-Gates Hospital’s Sleep Dis- percent in chemistry, and by 12 percent in order Center in Buffalo. electrical engineering. signed to bring more support to our K–12 National Association of Women Business Inadequate funding for basic research in science and math teachers, their students, Owners—Rep. LaFalce received the such important fields imposes a price on soci- and their schools. The overall goal is to help ‘‘Congressional Advocate of the Year’’ award ety, because new ideas are lost that would our children become much more proficient in from the National Association of Women otherwise underpin future technological ad- science and math, and I am confident that the Business Owners for his work in enacting the vances. programs authorized by this bill will do just Women’s Business Ownership Act, which ex- that. panded federal assistance programs to busi- Of even more importance, anemic funding nesses owned by women. of academic science and engineering research I would particularly like to highlight some New York State Association of Renewal reduces the numbers of new young scientists programs incorporated in H.R. 4664 that origi- and Housing Officials, Inc.—Rep. LaFalce and engineers, who constitute the essential nated in H.R. 1693, a science education bill I was recognized by the NYSARHO ‘‘for his element necessary to ensure the nation’s fu- introduced with many of my Democratic col- outstanding contributions to national hous- ture economic strength and security. leagues from the Science Committee. These ing and community development programs while serving as a member of the House Sub- H.R. 4664 authorizes funding growth for include research to explore ways to effectively committee on Housing and Community De- NSF of 15 percent per year for 5 years, bring- use educational technologies in the classroom velopment and in appreciation for his co- ing the total authorization level to $9.8 billion and programs to encourage and support operation with the committees, officers, and by the final year. This follows the funding path women and minorities in pursuing careers in members of this Association.’’ to double NSF’s budget over 5 years, as was science and engineering.

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.023 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2103 H.R. 4664 also includes substantial provi- insufficient funds. With the passage of today’s H.R. 3609 sions from the Undergraduate Science, Mathe- conference report, that situation has begun to matics, Engineering and Technology Edu- change. The increase is applied equally to re- SPEECH OF cation Improvement Act, H.R. 3130, that au- search and education programs, and specific HON. DON YOUNG funding authorizations are made for the fo- thorize several programs at the National OF ALASKA cused research initiatives in some of the most Science Foundation to strengthen under- IN THE HOUSE OF REPRESENTATIVES graduate education in these fields of study. promising frontiers of science, such as infor- Basically, these programs will help increase mation technology and nanoscale science and Thursday, November 14, 2002 the numbers of students graduating in engineering. The bill also makes a number of Mr. YOUNG of Alaska. Mr. Speaker, with science, math and engineering and will help improvements in the way major research the passage of H.R. 3609 pipeline safety leg- improve the quality of undergraduate science projects are funded, the transparency of the islation, Congress has completed a critical education. agency, and the coordination with other fed- step in improving the safety and reliability of The undergraduate educational programs eral research agencies. the nation’s interstate natural gas pipeline sys- build on existing NSF programs that have NSF also plays a leading role in educating tem. The Office of Pipeline Safety (OPS), with- proven their effectiveness, such as Research our youth in the math and sciences and train- in the Department of Transportation has prin- Experiences for Undergraduates. Similarly, the ing the scientists and engineers of tomorrow, cipal responsibility for developing, applying, bill will provide support for the expansion of and the agency is working to ensure that to- and enforcing the pipeline safety rules that en- successful, small-scale undergraduate edu- morrow’s high-tech workers reflect the diver- hances the safety of the nation’s pipelines and cation reform activities that some colleges and sity of America. This legislation includes a protects the public. number of important initiatives that will im- universities have been engaged in. OPS is required to enforce these rules with- prove upon science education in the United H.R. 4664 is an important bill that will help out regard to market conditions or commercial States. With Senator KENNEDY’s help, H.R. ensure the nation maintains a vigorous basic considerations. It must diligently seek to pro- 4664 includes portions of H.R. 1660, the research enterprise, which is an essential mote safety above any competing objectives. Mathematics and Science Proficiency Partner- component for a strong economy and for na- Among the most important of existing pipeline ship Act I introduced in May of 2001 to help safety rules is the requirement that natural gas tional security. And equally important, it will secondary schools leverage private sector help educate the next generation of scientists funds for math, science, and engineering pipelines not exceed maximum allowable op- and engineers, the essential ingredient in en- scholarships. The Technology Talent Act of erating pressure, or MAOP. A pipeline’s suring the nation’s technological strength. 2002, H.R. 3130, is also included in the NSF MAOP is established on the basis of engineer- Mr. Speaker, I commend this measure to reauthorization. This initiative will increase the ing principles, testing, historical operations, my colleagues and ask for their support for its number of students studying and receiving as- and experience. Pipeline operators who ex- passage by the House. sociate’s or bachelor’s degrees in established ceed MAOP violate the Department of Trans- f or emerging fields within science, mathe- portation’s pipeline safety regulations and may be fined for such violations. H.R. 4664 matics, engineering, and technology. It also establishes specific grant programs in these No agency other than OPS should be al- lowed to re-interpret or water down pipeline SPEECH OF fields at Historically Black Colleges and Uni- versities and enables eligible nonprofit organi- safety regulations based on its view of market HON. EDDIE BERNICE JOHNSON zations to work with NSF and public-private or commercial concerns. Allowing any other OF TEXAS consortia to improve science and math edu- agency to usurp OPS’s function will undermine IN THE HOUSE OF REPRESENTATIVES cation. My home state of Texas has an excel- the hard work the Congress has completed to Thursday, November 14, 2002 lent track record of these innovative partner- enhance pipeline safety and minimize the risks ships. of pipeline ruptures that may cause serious in- Ms. EDDIE BERNICE JOHNSON of Texas. I am also pleased that the conference report jury and death. Mr. Speaker, I want to thank Chairman of H.R. 4664 includes the text of H.R. 2051, f BOEHLERT, Ranking Member HALL, and Chair- the Regional Plant Genome and Gene Re- man SMITH for working with me in a bipartisan H.R. 4664 search Expression Act Chairman SMITH and I manner on this important piece of legislation developed together and that passed the SPEECH OF that makes a strong statement about our com- House in May of 2002. The legislation estab- mitment to invest in America’s future. I would lishes competitive, merit based grants to eligi- HON. JOHN B. LARSON also like to extend my appreciation to Senator ble entities to conduct basic research on crops OF CONNECTICUT KENNEDY, Senator HOLLINGS, Senator GREGG, that can be grown in the developing world. IN THE HOUSE OF REPRESENTATIVES and Senator BOND in the other body. The research supported by these grants will Thursday, November 14, 2002 As Ranking Member of the House Science help scientists discover innovative solutions to Research Subcommittee, I am pleased to say some of the developing world’s most intrac- Mr. LARSON of Connecticut. Mr. Speaker, I that this is truly an historic piece of legislation table problems, such as hunger, malnutrition, rise today in support of the National Science for science policy in the United States. The and disease. An important feature of this au- Foundation Authorization Act, H.R. 4664, conference report of H.R. 4664 begins the thorization is that U.S. scientists are required passed by the House on November 14, 2002, process of doubling NSF’s budget, which was to partner with their colleagues in developing a bill which doubles funding for one of the the goal of H.R. 1472, the NSF authorization nations, which will help develop the scientific most efficient and essential agencies of the bill I introduced in April of 2001. I introduced capacity of developing nations and stimulate Federal government, the National Science H.R. 1472 because I strongly believe that in- the free flow of ideas, which is so essential to Foundation. In particular, I am proud to sup- vesting in basic science, math, and engineer- the progress of science. port this bill because it contains two provisions ing research is essential to the future eco- If we want future Americans to enjoy the I authored, both of which will address growing nomic prosperity and global competitiveness pace of progress that we are blessed with needs in our educational system, our work- of our country. Many of today’s scientific today, it is imperative that we bolster funding force and the economy. breakthroughs in medicine, consumer elec- for our nation’s premier basic research agen- The first provision will have a positive im- tronics, homeland security and other technical cy, the National Science Foundation. H.R. pact on our educational system’s ability to in- fields are the direct result of investments 4664 is a step in the direction of making that tegrate cutting edge technology into the class- made in basic research decades ago. dream possible. The legislation that passed room instruction of advanced disciplines at the To appreciate the importance of NSF to sci- last week provides our nation’s premier primary and secondary education levels and entists in America, consider some facts. NSF science research agency with the resources it which will, therefore, improve the educational provides 23 percent of basic research funding needs to continue and improve upon its excel- opportunities of America’s students. The sec- at academic institutions and as much as 72 lent track record and authorizes a number of ond provision will address a growing problem percent and 78 percent of the research in crit- important science policy initiatives. I urge the in our nation’s workforce: fewer and fewer ical areas such as mathematics and science. President to sign H.R. 4664 into law, and I Americans are seeking degrees in the sci- Yet despite its importance to key sectors of look forward to working with my colleagues on entific and technical fields as demand grows our nation’s economy, NSF previously had to both sides of the aisle in both chambers to en- and more jobs go unfilled. Both provisions will decline more than $1 billion worth of high sure that NSF is fully funded under these new improve the nation’s capacity to maintain an quality research proposals each year due to authorization levels. innovative edge in technical fields, which is

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.024 E19PT1 E2104 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 the backbone of America’s prosperous eco- and diffusion of technological advancement from the post of United States Marshal for the nomic system. through all levels of society in a deliberate Eastern District of California. As his friends, The first provision is simple: it tasks the Na- fashion. Countries that follow this path of nur- family, and colleagues gather to celebrate Jer- tional Science Foundation to identify the best turing innovation focus a lot of their efforts into ry’s illustrious career, I ask all of my col- educational practices to provide educators and recruiting and training the very best engineers leagues to join me in saluting this outstanding policy makers with tools for using existing and and scientists, ensuring that a pipeline which citizen of Sacramento. evolving Internet technology more effectively pumps talented and imaginative minds and Jerry Enomoto, a second generation Japa- as a part of the nation’s educational strategy. skills is connected to the needs of the coun- nese American, was born in San Francisco. It does this by tasking NSF to study: try’s socio-economic and security enterprise. His education at the prestigious Lowell High (1) The current status of high-speed, large Yet here in this country, this pipeline is bro- School in San Francisco was abruptly inter- bandwidth capacity access to all public ele- ken, threatening the competitive edge we rupted by the wartime hysteria against Japa- mentary and secondary schools and libraries enjoy in the business of technological innova- nese Americans in the 1940s. Undeterred by in the United States; tion. Fewer and fewer Americans are getting the experience, Jerry remained dedicated to (2) How high-speed, large bandwidth capac- degrees in scientific and technical fields—even his studies and graduated as a valedictorian of ity access to the Internet to such schools and as the demand grows. For example, the num- his high school class while interned at the libraries can be effectively utilized within each ber of bachelors degrees awarded in math, Tule Lake War Recreation Center. After his re- school and library; computer science, and electrical engineering lease, Jerry started his career in public service (3) The effect that specific or regional cir- has fallen 35 percent and 39 percent respec- by serving a successful stint in the United cumstances may have on the ability of such tively from their peaks in 1987, at a time when States Army. Upon completion of his military institutions to acquire high-speed, large band- total BA degrees have increased. The number commitment, Jerry returned to California to width capacity access to achieve universal of graduate degrees in those fields has either pursue a college education. Using his trade- connectivity as an effective tool in the edu- fallen noticeably or stayed flat. And only about mark dedication and determination, Jerry cation process; and half of all engineering doctoral degrees grant- would ultimately receive his Bachelors and (4) Present various options and rec- ed in the U.S. are earned by Americans. Masters degrees from the University of Cali- ommendations for the entities responsible for The nation has dealt with this crisis in the fornia in Berkeley. elementary and secondary education to ad- recent past by expanding the H1B Visa pro- Jerry has earned a number of ‘‘firsts’’ in his dress the challenges and issues identified in gram to let more foreign residents with distinguished career. In recognition of his out- the report. science and engineering degrees enter the standing service to the California Department In essence, in order to prepare our public country. But the H1B program was never in- of Corrections, Jerry was tapped by Governor schools for the 21st century, we must reexam- tended to be more than an interim solution. Reagan to become the first Asian Pacific ine how our children’s education is delivered The long-term solution has to be ensuring that American to serve as a state prison warden. into the classrooms. The provision would pro- more Americans get into these fields. The A few years later, as Director of Corrections, vide our schools with the best data available Tech Talent provision included in this bill rep- Jerry would become the first Asian Pacific from some of the nation’s top researchers to resents a new effort aimed at producing just American to manage a state department in help schools enter the 21st century by assist- such people. California history. Seven years ago, Jerry se- ing them to establish effective educational It always pays to be mindful of the fact—es- cured the greatest honor of his unparalleled pipelines—broadband pipelines—through pecially in the wake of the September 11 career when he became the first Asian Pacific which we can supply the energy necessary to events—that there is a strong and tight linkage American appointed as a United States Mar- fuel the new digital economy. between our national security and the level of shal. The second provision is, essentially, a bill I science and technology proficiency in Amer- As United States Marshal for the Eastern co-authored and introduced with Science ica. Our strength and leadership in the world District of California, Jerry worked tirelessly to Committee Chairman, Sherwood Boehlert, the is based on the might of our defense, strength bring together local, state, and federal law en- Tech Talent Act, H.R. 3130. That bill’s main of our economy, and the quality of our edu- forcement agencies and improve the commu- provision, which made it into the NSF Author- cation system. Without any one of these three nities that cover the thirty-four inland county ization bill, consists of a new effort to address- components the global preeminence of the na- district that stretches from Bakersfield to the es the tech worker shortage by establishing a tion suffers. Oregon border. Under Jerry’s leadership, the competitive grant program at the National In the House Science Committee room Eastern District of California received the Vol- Science Foundation that rewards universities there is an inscription: Where there is no vi- unteer and Community Services Award from and community colleges that pledge to in- sion, the people perish. To remain a strong the Attorney General in 2000. Jerry’s commit- crease the number of U.S. citizens or perma- nation, we must ensure that the single most ment to improve the lives of his fellow citizens nent residents obtaining degrees in science, important element that keeps us dynamic, in- is not exclusive to strictly law enforcement. math, engineering and technology (SMET) novative, prosperous, and secure—and there- Jerry remains one of the preeminent civil fields. fore might—is there for us: our students, rights activists in the region. Jerry was twice It is no secret that America has long recog- teachers, researchers, engineers, scientists, elected to the distinguished post of National nized that its long-term strength and security, and technologists. In short, we need more President of the Japanese American Citizen and its ability to recover and sustain high lev- people with vision. The provisions I authored League (JACL). As the National Chair of the els of economic growth, depends on maintain- and the underlying legislation will address the Legislative Education Committee of the JACL, ing its edge in scientific achievement and deficiencies in our ability to replenish our Jerry played an instrumental role in the spear- technological innovation. Biomedical advances workforce with visionary individuals and I urge heading the successful lobby for the passage have permitted us to live longer, healthier, and President Bush to sign this legislation. of the Civil Liberties Act of 1987, an act which more productively. Advances in agricultural f authorized redress for the internment of Japa- technology have permitted us to be able to nese American during World War II. For his feed more and healthier people at a cheaper TRIBUTE TO JERRY ENOMOTO efforts, Jerry was the recipient of the JACL’s cost. The information revolution can be seen highest award, ‘‘Japanese American of the Bi- today in the advanced instruments schools are HON. ROBERT T. MATSUI ennium’’ in 1992. using to instruct our children and in the vast OF CALIFORNIA Until today, Jerry and his wife, Dorothy, re- information resources that are opened up as a IN THE HOUSE OF REPRESENTATIVES main active in community affairs. Whether it is result of the linkages created by a networked through their participation in the Greater Sac- Tuesday, November 19, 2002 global society. Our children today can grow up ramento Area Hate Crimes Task Force, or to know, see, and read more, be more di- Mr. MATSUI. Mr. Speaker, today I rise to their intimate involvement in organizing the an- verse, and have more options in their lives for honor a friend with a remarkable career in law nual Dr. Martin Luther King, Jr. dinner, Jerry learning and growing. Other emerging tech- enforcement and criminal justice. To say that and Dorothy are still steadfastly committed to nologies—such as nanotechnology—have un- Jerry Enomoto has been a trailblazer in Amer- make Sacramento a better place for people told potential to make our lives more exciting, ican law enforcement would only begin to skim from all different walks of life. secure, prosperous, and challenging. the surface of the extraordinary contributions Mr. Speaker, as Jerry’s friends, family, and Many countries also recognize this and that he has made to our communities over the colleagues gather to celebrate his great ca- they, therefore, focus their industrial, eco- years. After 45 remarkable years of out- reer, I am honored to pay tribute to one of nomic, and security policies on the nurturing standing public service, Jerry recently retired Sacramento’s most honorable citizens. Jerry’s

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.027 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2105 continuous leadership is a true testament to H.R. 5738 us one step closer to our goal of finding a public service. If a template for leadership cure. SPEECH OF could be made, it would surely bear the re- f semblance of my dear friend, Jerry Enomoto. HON. DIANA DeGETTE IN HONOR OF LEWIS GOLDSTEIN Although his career in law enforcement may OF COLORADO be over, his involvement in community service IN THE HOUSE OF REPRESENTATIVES is, fortunate for us, far from over. I ask all of HON. ELIOT L. ENGEL Thursday, November 14, 2002 my colleagues to join with me in wishing Jerry OF NEW YORK Enomoto continued success in all his future Ms. DEGETTE. Mr. Speaker, I rise today in IN THE HOUSE OF REPRESENTATIVES support of H.R. 5738. Passage of this bill will endeavors. Tuesday, November 19, 2002 continue to fund important Type 1 diabetes re- f search programs and additional treatment and Mr. ENGEL. Mr. Speaker, I rise today to prevention programs for American Indians and honor Lew Goldstein, who I have known for HOMELAND SECURITY ACT OF 2002 Alaska Natives through the Indian Health more years than I can count. Lew has been a Service. dedicated public servant for more than 30 Mr. Speaker, passage of this bill could not years, whether serving as a local Democratic SPEECH OF have come at a more critical time. Juvenile di- party committee member of working the New HON. BETTY McCOLLUM abetes has a dramatic impact on the lives and York City School system. families of those affected. Diabetes also Lew was born and raised in the Bronx. Born OF MINNESOTA places a significant strain on our health care to Leo and Gertrude Goldstein on April 1, IN THE HOUSE OF REPRESENTATIVES system, costing the nation more than $100 bil- 1943, his first twelve years were spent in the lion annually and accounting for one in four Highbridge section of the Bronx. After that he Thursday, November 14, 2002 Medicare dollars. Individuals with juvenile dia- lived on the Grand Concourse and then Ms. MCCOLLUM. Mr. Speaker, I rise today betes and their families are full of hope, how- moved to the Pelham Parkway section of the to oppose H.R. 5005, legislation to create a ever, due to recent scientific advances that Bronx. He now resides in the Pelham Bay Department of Homeland Security. show real promise for curing this disease. But section of the Bronx. federal support for such research must be in- Lew’s first year as a teacher was spent at Like all Americans, I stand with the Presi- PS 100 in Harlem. After that he served as a dent and my colleagues in Congress deter- creased to continue this progress. The Special Diabetes Program for Type 1 teacher and an administrator in the Bronx. He mined to win the war against terrorism and to funding provided in this bill will be used to has dedicated his professional life to ensuring make our country more secure. Regrettably, I continue progress in this area. The additional that the children of New York have a better do not believe this bill will significantly en- funding will help develop and clinically test life. For more than ten years, he has focused hance the safety of the American people, but methods that will render the need for insulin his efforts on placing children with special I believe it will disrupt the balance of power obsolete. Clinical trials are underway involving needs in the best and most appropriate learn- between the executive and legislative the transplantation of insulin producing cells ing environment. Even after retiring in August branches of the federal government as defined into individuals with juvenile diabetes. The pro- he continued to serve the educational needs by the Constitution. cedure, known as the Edmonton Protocol, has of the young by going to work part time for Never has a member of the executive provided success for the approximately 80 Supreme Evaluations and Starting Point Serv- branch, in times of peace or war, ever had the percent of the patients who have received ices for Children. vast authority granted in this legislation to uni- these transplants as they have been cured of Lew has been involved politically since the laterally authorize the expenditure of federal juvenile diabetes and no longer require insulin mid 1960s. His first elected position was as a resources without consultation with the Con- injections. As of Janaury 2002, there were 68 delegate to the 1968 National Convention in gress. This is the excessive power granted to islet transplantation centers around the world. Chicago. He was originally committed to Sen- the new Secretary of the Department of The increased dollars provided in this meas- ator Robert F. Kennedy. Lew has been an ac- Homeland Security. I am concerned this ex- ure would help researchers replicate and ex- tive member of the NYS Democratic Com- cessive power will obstruct the legitimate role pand upon this success. mittee to which he was first elected to that po- of Congress to provide the appropriate level of With regard to American Indians and Alaska sition in 1970. oversight and accountability in the war on ter- Natives, this population has a much heavier Lew has been active in fighting for the gay, rorism. disease burden than the general population. lesbian, bisexual, transgender community. He I also remain absolutely opposed to terms in This includes a higher death rate from a vari- is the only openly gay elected official from the this bill that allow airline pilots to carry guns in ety of diseases, including diabetes, than other Bronx. Lew is an active member of congrega- the cockpit without proper testing to address Americans. Type 2 adult-onset diabetes is a tion Beth Simchat Torah, the largest Gay and safety concerns, indefinitely postpones the particular problem, with 12.2% of American In- Lesbian synagogue in the country. deadline for deployment of explosive detection dians those over 19 years old suffering from Mr. Speaker, Lew Goldstein has made the devices at our nation’s airports, and limits the the disease. Bronx proud. However, I am quite certain that legal liability for certain anti-terrorism products Special Diabetes Program funding for Amer- he will continue to use his energy and deter- certified by the new department. I am dis- ican Indians and Alaska Natives has given mination to continue to make the Bronx an appointed these provisions were included in tribes the ability to focus diabetes prevention even greater place to live. Lew ski certainly the final legislation. and treatment activities where they can make one of a kind, and it has been a privilege and I remain committed to a strong and effective the biggest difference—at the local level. pleasure to call him a good friend for so many defense of America’s interests. The American There are approximately 318 diabetes preven- years. people must have confidence that terrorism tion and treatment programs serving American f will be defeated through vigilant cooperation Indians and Alaska Natives as a result of pro- gram. H.R. 5005—CREATION OF A DEPART- between our nation’s defense and intelligence MENT OF HOMELAND SECURITY apparatus, as well as all essential federal, This funding will make a big difference in re- ducing the incidence of diabetes in the com- state and local agencies. SPEECH OF munity. If done properly, a Department of Homeland Mr. Speaker, I would like to thank the Juve- HON. CAROLYN B. MALONEY Security could increase efficiency and coordi- nile Diabetes Research Foundation, the Na- OF NEW YORK nation between key agencies needed to pro- tional Indian Health Board and the National IN THE HOUSE OF REPRESENTATIVES tect us against future terrorist attacks. Unfortu- Congress of American Indians and their mem- nately, the legislation falls short of this impor- ber tribes, and the entire staffs of these orga- Thursday, November 14, 2002 tant goal. nizations for their tireless efforts in working to Mrs. MALONEY of New York. Mr. Speaker, We must do all we can to ensure the safety get this bill passed. I rise in strong support of H.R. 5005, the of the American people from the threat of ter- Mr. Speaker, we have won several victories Homeland Security Act of 2002. rorism. I look forward to working with my col- in improving health care for people with diabe- As a New Yorker, I know all too well the im- leagues in Congress and the Administration tes. Passage of H.R. 5738 ensures another portance of a secure homeland. On Sep- on this important challenge. victory for people with diabetes. It also moves tember 11th, my constituents and I witnessed

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.028 E19PT1 E2106 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 firsthand the devastation caused by terrorist Martin’s son, Robert H. Jones, later directed Mr. Speaker, I sent a letter to President attacks and we understand the urgent need to the family business and in 1919 was ap- Bush last month urging the administration to find new ways to improve the nation’s safety. pointed City Engineer for the City of Independ- conduct a full investigation of Pakistan’s role Because of this, in July, I felt it was my duty ence. His son, Harvey A. Jones took over the in providing North Korea with nuclear informa- to vote for H.R. 5005, the House version of position of City Engineer when his father re- tion and equipment. We must fully investigate the Homeland Security legislation and I will do tired in 1943. Harvey A. Jones, a prestigious President Musharraf’s relationship with North so again today. civic leader was also appointed as City Engi- Korea since his military coup in 1999, and H.R. 5005, the bill currently before us, cre- neer for the cities of Sugar Creek, Buckner, even more important, to what extent this rela- ates a permanent, cabinet-level Department of Lee’s Summit, Raytown, Grandview, and Blue tionship between the two nations continued Homeland Security, headed by a Secretary of Springs. He was also the first Chairman of the after September 11, 2001. To this day, I have Homeland Security who shall be appointed by Missouri Water Pollution Board. not received a response to my request. the President, with the consent of the Senate. Throughout its illustrious development, the In addition, I requested that the administra- As stated by my colleagues, the legislation Harvey A. Jones Engineering Company was tion take immediate steps to ban all military consolidates 22 federal agencies into one new instrumental in building the Little Blue Valley sales to Pakistan and to reimpose Symington Department responsible for intelligence anal- Sewer District covering 225 square miles, wid- sanctions on Pakistan for assisting a foreign ysis and dissemination, science and tech- ening the Noland Road, as well as con- nuclear weapons program. Lastly, I urged the nology, border and transportation security, and structing the Harry S. Truman Sports Com- administration to also take similar steps and emergency preparedness and response. plex. ban any future arms sales they have with I had hoped that the conference committee Robert H. Jones now directs the company Pakistan. I have not received a response to would have corrected a number of flaws in the and continues the tradition his great grand- these requests either, however, it seems clear House bill. I appreciate that H.R. 5005 is father began. Under his leadership, the com- that the administration is opposed to imposing slightly better on worker protections, however, pany is now a leader in using advanced com- any corrective measures on Pakistan. I am still very concerned that the final product puterized instruments in hazardous waste re- Mr. Speaker, I am reiterating these requests includes troubling provisions that weaken civil mediation projects, subdivision planning, and that I had previously made to the administra- service protections for the new Department’s commercial developments. tion because I think it is important for us to un- employees, undermines Freedom of Informa- I wish to congratulate the Harvey A. Jones derstand that Pakistan should not be exempt- tion Act compliance, and disregards the need Engineering Company, its fourth generation ed of its responsibility in colluding with North for accountability for corporation by giving president, Mr. Robert H. Jones, and all of its Korea over a nuclear weapons program. This blanket immunity to companies that produce employees, on this meaningful anniversary. situation poses a direct threat to our allies in anti-terrorist devices. Our community is grateful and looks forward Asia and to our safety in the United States. Yet, we have to do everything we can to to the company’s continued growth and suc- Since the administration is not inclined to prevent a tragedy like 9/11. We have to make cess. recognize the severity of Pakistan’s relation- sure we can respond as quickly as possible to f ship with North Korea, an ‘‘axis of evil’’, and future attacks. The Homeland Security Act will since the administration is not willing to use its help us reduce our vulnerability to terrorism PAKISTAN’S NUCLEAR EXCHANGE WITH NORTH KOREA authority to reimpose the Symington Sanc- and ensure that the nation becomes better tions, I will introduce legislation early in the prepared. HON. FRANK PALLONE, JR. 108th Congress to sanction Pakistan for deliv- Securing our homeland must be made a pri- ering nuclear enrichment equipment without ority. I urge my colleagues to support H.R. OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES international safeguards as determined by the 5005. Symington Amendment of 1976. f Tuesday, November 19, 2002 Mr. Speaker, we must show Pakistan that RECOGNIZING THE HARVEY A. Mr. PALLONE. Mr. Speaker, I would like to their promise to help us in our war on ter- JONES ENGINEERING COMPANY’S express my grave concern regarding Paki- rorism cannot be an empty promise. They 150 YEARS OF BUSINESS EXCEL- stan’s transfer of equipment to support North cannot have it both ways and until President LENCE Korea’s covert nuclear weapons program. Musharraf learns this lesson we must reinstate Mr. Speaker, I am outraged that North the Symington Sanctions to protect our allies Korea has violated its commitment to the in Asia and our own nation. HON. KAREN McCARTHY United States, established in a 1994 accord, OF MISSOURI f to freeze its nuclear program. According to re- IN THE HOUSE OF REPRESENTATIVES ports by your administration, North Korea has TRIBUTE TO NORMAN T. Tuesday, November 19, 2002 in fact been secretly building a program to en- SCHINDLER Ms. MCCARTHY of Missouri. Mr. Speaker, I rich uranium since the late 1990’s. rise today to recognize the accomplishments What I find appalling is that this nuclear pro- HON. TOM LANTOS of Mr. Robert H. Jones and his ascendants. gram that the United States worked tirelessly OF CALIFORNIA Mr. Robert Jones is the fourth generation fam- to halt, was in fact sustained through the as- IN THE HOUSE OF REPRESENTATIVES ily member to lead the Harvey A. Jones Engi- sistance of Pakistan. Not only did the transfer Tuesday, November 19, 2002 neering Company as president in the historic of critical equipment from Pakistan to North region of Independence, Missouri. Korea take place around 1997, in addition, this Mr. LANTOS. Mr. Speaker, I invite my col- The company celebrates its 150th anniver- relationship has continued even after Presi- leagues to join me in paying tribute to Norman sary this year serving our community through dent Musharraf seized power by force in 1999. T. Schindler who will celebrate his 100th birth- the surveying and engineering services it of- Lastly, Pakistan is thought to have provided day tomorrow—November 20. It is an ex- fers to our local businesses and city infrastruc- technology up to even three months ago—I tremely noteworthy event to mark the centen- ture. I salute the remarkable longevity of the find this particularly outrageous. nial of Norman’s birth, but it is more impor- company in creating jobs and providing robust The Bush administration has declined to tant—and deserving of attention at any age— economic development throughout our local openly discuss Pakistan’s involvement in this to acknowledge his remarkable record of pub- counties and communities in Missouri and crucial situation with North Korea. Although lic service. Kansas. The Harvey A. Jones Engineering the administration seems to have evidence Norman Schindler was the son of a suc- Company is an outstanding example of the pointing to Pakistan’s direct involvement, I see cessful Austrian father and a regal Romanian significant contributions that small business no punitive measures taking place because mother, who left Europe to find a new life in makes to our economy. Pakistan is a U.S. ally in the war on terrorism. the United States. Although he faced great In 1849, Martin O. Jones came from New In fact, Pakistan has received over one billion challenges in his new country, his timely de- York to found his company. The patriarch of dollars’ worth of direct and indirect assistance parture for America may have saved his life the Jones family was appointed Jackson from the U.S. since September 11, 2001. I find because he avoided the horrors of the Holo- County Surveyor by Missouri Governor Ster- it incredible that the U.S. has provided virtually caust which took the lives of 6 million of his ling Price and was hired by the United States all the assistance President Musharraf has re- fellow Jews in Austria and elsewhere in Eu- government in 1874 to survey the Santa Fe quested, yet at the same time, Pakistan still rope, including many of his own family. Trail from Fort Leavenworth, Kansas to Fort continues to consort with North Korea by ex- Mr. Speaker, Mr. Schindler’s life in many Union, New Mexico. changing nuclear equipment for missiles. ways was the America dream—he began as

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.032 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2107 an industrious eight-year-old selling fresh eggs RECOGNIZING THE RECIPIENTS OF RECOGNITION OF ACCOMPLISH- and delivering packages on the streets of New THE RING LARDNER AWARD FOR MENTS OF LYNDA VAN York City during the era of horse-drawn car- EXCELLENCE IN SPORTS JOUR- DEVANTER BUCKLEY riages. His ambition and hard work led him to NALISM found the Nortex and Schindler companies, which were headquartered on the 43rd floor of HON. LANE EVANS the Empire State Building. He married his HON. DANNY K. DAVIS OF ILLINOIS wonderful wife Fran, and they have enjoyed a OF ILLINOIS happy 45 years together. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES His family and business success is matched Tuesday, November 19, 2002 by an enviable record of public service. Just Tuesday, November 19, 2002 two years after the end of the Second World Mr. EVANS. Mr. Speaker, I rise to recognize War, his family received notification from the Mr. DAVIS of Illinois. Mr. Speaker, the Chi- Lynda Van DeVanter Buckley, the author of Government of Austria that they were heirs to cago Athletic Association (CAA) was one of ‘‘Home Before Morning: Story of an Army property in the city of Vienna. In memory of the nation’s first sports clubs to be created Nurse in Vietnam’’, who passed away after a the members of his family who were victims of when it was formed in 1890. It was ready for long-time illness last week. Lynda served in the Holocaust, the family directed that the business—and sports—when it opened its Vietnam 1969–70 at 71st Evacuation Hospital property be turned over the city for use as a doors to athletes and sports fans, just in time in Pleiku. I had the good fortune to know park. for the World’s Fair Columbia Exposition in Lynda from her testimony to the House Com- In 1962 he established the first corporate 1893. Amos Alonzo Stagg, Avery Brundage, mittee on Veterans Affairs and from her long- day care and nursery facility in the United William Wrigley and Ring Lardner were among standing advocacy as a very early member of States for the children of working mothers at the scores of sports celebrities who have the Vietnam Veterans as America. Like so his manufacturing plant in Fall River, Massa- many in the veterans’ community, I felt a tre- chusetts. Norman Schindler has been a leader called the CAA their second home. William mendous loss upon hearing that Lynda had in a number of areas, particularly since he and Wrigley even took the club’s logo for the use left us after her long and courageous struggle. Fran established their home in Florida. He of his new baseball team. Today, that team is served as president of the South Florida Hu- known as the Chicago Cubs. As a friend, a Vietnam era veteran and life- mane Society for fifteen years, was treasurer While dozens of awards programs exist for time member of Vietnam Veterans of America, of the Papanicolou Cancer Research Center athletes, there are few programs that recog- I remember Lynda’s perseverance, her indomi- (now the Sylvester Cancer Center) for seven nize excellence in sports journalism. The lead- table spirit and her humanity. As a then-junior years, was a founder of the Juvenile Diabetes ership of CAA has decided to create a special Member of the House Committee on Veterans Foundation of Miami Beach, on the board of award for excellence in sports journalism, in Affairs she helped shape my views on policy the Hebrew Academy of Miami Beach, and honor of Ring Lardner, premier sports reporter for Vietnam veterans—particularly on women became a ‘‘Grand Donor’’ to the Miami Beach and writer. The inaugural recipients of the new veterans’ issues, and the health effects of Alzheimers Foundation. Ring Lardner Award were chosen by a distin- Agent Orange on veterans and their children. Even in her illness, Lynda continued to fight Mr. Speaker, I invite my colleagues to join guished panel, including: Mike Houlihan, Lard- me in paying tribute to Norman T. Schindler for her daughter, Molly, whose conditions ner Award creator, Chicago Sun-Times; Mike for his exemplary public service on the occa- Lynda suspected were related to her own ex- Conklin, Chicago Tribune; Rick Kogan, Chi- sion of the centennial of his birth. posure to Agent Orange. cago Tribune; Mike Mulligan, Chicago Sun- ‘‘Home Before Morning: Story of an Army f Times; Don Pierson, Chicago Tribune; Nor- man Potash, WBBM–TV (CBS); Jennifer Nurse in Vietnam’’ became a clarion call to TRIBUTE TO THE HONORABLE Weigel, WLS–RADIO; Susan Prather, founder women Vietnam veterans. It reminded them SONNY CALLAHAN of the Chicago Sports Hall of Fame; and Wil- that they were not alone in their struggles and liam T. Darnton, immediate past president of gave voice to the problems and concerns of the CAA. both this particular group of Vietnam veterans HON. NICK J. RAHALL II and the entire generation. So many of the pre- OF WEST VIRGINIA The recipients of the inaugural Ring Lardner eminent leaders in this community have been IN THE HOUSE OF REPRESENTATIVES Award are: affected by her character and her courage. I know her fight lives on in them. Tuesday, November 19, 2002 In the broadcast category, NFL Host and play-by-play Announcer Greg Gumbel, CBS My good friend, Dr. Linda Spoonster Mr. RAHALL. Mr. Speaker, I am pleased to Sports; Schwartz, a Vietnam nurse who is also a Viet- rise in tribute and express my appreciation In the print category, former Chicago Sun- nam Veterans of America member, had this to and affection for my colleague and friend from say about Lynda’s life which speaks volumes Alabama, SONNY CALLAHAN. Times Columnist and Sports Editor Ray Sons; and of the loss we all sense in her passing: SONNY has traveled a career path from the ranks of the small businessman to serving in In the posthumous award for both print and ‘‘She was our first Sister. I say that because the Alabama legislature to ultimately rep- broadcast, former Chicago Daily News Sports she took her own Odyssey and put it in print. resenting Alabama’s First District for the past Reporter, Chicago Sun-Times Columnist and Her struggle was very much like our own. We 18 years in the United States Congress. WBBM–TV Sports Director Tim Weigel. began to see we were not alone .... Her words came like thunderbolts to part the cur- From his work first as Chairman of the The award ceremony is being held Thurs- House Appropriations subcommittee on for- tain of anonymity, demoralization and released day evening, November 21, 2002, at the Chi- the years of quiet turmoil suffered by many eign operations, and then more recently as cago Athletic Association, and is benefiting Chairman of the subcommittee on energy and women who served in Vietnam and during the Maryville Academy for abused children. The water development, SONNY has been Vietnam era .... She became the Elder profession of sports journalism lost a gifted re- unfailingly equitable in his consideration of Statesman, supporting, advising, and nurturing members’ appropriations requests. ported in Tim Weigel last year. His award is a new team to continue her work. She taught especially poignant, because his daughter, Now, in stepping down from the lofty posi- us how to share, how to disagree without de- tions he has served with such distinction, he Jennifer Weigel, is serving as Master of Cere- meaning each other. Mostly she understood will have more time for his family, his grand- monies for the award ceremony, and his with a deep sense of reckoning which never children, and his friends back home. widow, Vicki Truax, will accept the post- wavered from her vision .... She created a humous award. We will miss SONNY’s friendly manner, his voice for women veterans and all past, thoughtfulness, and his affability. Congratulations to the leadership and mem- present and to come are the beneficiary of her legacy.’’ But our loss in SONNY’s retirement is cer- bers of the Chicago Athletic Association for tainly a clear gain for SONNY’s family and the creating and establishing this award, to Ring Lynda will be missed by many, but her com- folks of southwest Alabama to whom he now Lardner’s great-nephew, Rex, for his support mitment and contributions will endure. Yes, returns. and cooperation, and to the recipients. Lynda will be missed, but never forgotten.

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\K19NO8.002 E19PT1 E2108 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 PAYING TRIBUTE TO THE CAPITAL Among the greatest achievements in Rev. many women and Asian American organiza- AREA MICHIGAN WORKS! Alicia’s life are her seven outstanding children tions, I would like to submit to the she has raised during her 43-year marriage to CONGRESSIONAL RECORD, the following state- HON. MIKE ROGERS Lonnie T. Duncan, and among the great ments that highlight the life and legacy of Con- OF MICHIGAN pleasures in her life now are her 17 grand- gresswoman Patsy Takemoto Mink. IN THE HOUSE OF REPRESENTATIVES children and 3 great-grandchildren. TRIBUTE TO CONGRESSWOMAN PATSY MINK Tuesday, November 19, 2002 Reverend Alicia Broadous-Duncan has posi- REMARKS OF KAREN K. NARASAKI, PRESIDENT tively affected the lives of so many, and I join AND EXECUTIVE DIRECTOR, NATIONAL ASIAN Mr. ROGERS of Michigan. Mr. Speaker, I the Northeast Valley Multipurpose Senior Cen- PACIFIC AMERICAN LEGAL CONSORTIUM rise today to pay tribute to the Capital Area ter in wishing her a very happy birthday. It is I believe that Patsy is looking down on us Michigan Works! for their receipt of an exem- my distinct pleasure to ask my colleagues to today and smiling at the beautiful mosaic of plary service provider award from the U.S. De- join me in saluting Reverend Alicia Broadous- faces. It is fitting that this memorial has partment of Labor. This award was presented Duncan. brought together so many strands of her at the U.S. Department of Labor’s annual Sa- work—organizations and congressional lead- f lute to Veterans on November 13, 2002. ers who advocate on behalf of women, civil Mr. Speaker, the Capital Area Michigan TRIBUTE TO CONGRESSWOMAN rights, immigrants, workers, children and Works! is part of a regional consortium of local PATSY TAKEMOTO MINK the poor have all come together to celebrate governments that provide workforce develop- her life. The Asian American and Pacific Islander ment services. The exemplary service provider HON. JUANITA MILLENDER-McDONALD community misses her greatly. She served as award was presented to only nine organiza- OF CALIFORNIA a role model and an inspiration for so many tions and individuals for their outstanding ef- IN THE HOUSE OF REPRESENTATIVES of us. She forged a path that made it possible forts in providing employment and training for Japanese American women like me and services to veterans. Tuesday, November 19, 2002 other women of color to pursue our dreams Therefore, Mr. Speaker, I ask my colleagues Ms. MILLENDER-MCDONALD. Mr. Speaker, and aspirations. She taught us that it was to join me in congratulating the Capital Area we gather today to highlight the legacy of one possible to obtain great stature without hav- Michigan Works! for their distinguished service ing to be physically tall, by defying the of the most distinguished and honorable Mem- stereotypes that too often become barriers to America’s veterans. Furthermore, I would bers of this august body, my colleague and for Asian American women who come from also ask my colleagues to join me in extend- friend—Congresswoman Patsy Takemoto cultures where women were expected to be ing our thanks to the Capital Area Michigan Mink. seen and not heard. She was a feminist be- Works! for their service to our community. Though Patsy made it to one of the highest fore being a feminist was cool and she re- f elected offices in the land, she never lost the mained one her whole life. common touch. Patsy was a champion of the The other day, my niece in third grade ran TRIBUTE TO REVEREND DR. for student body secretary. I asked my sister dispossessed; the downtrodden; the ALICIA BROADOUS-DUNCAN to tell her that when she was ready to run disenfranchised; the forgotten; she was the for Congress, I would work on her campaign. people’s representative. She was a mentor to Julia asked my sister to tell me that she in- HON. HOWARD L. BERMAN many of us in Congress. As the co-chair to the tended to be the first woman president and OF CALIFORNIA Congressional Caucus for Women’s Issues, didn’t see any reason to start with Congress. IN THE HOUSE OF REPRESENTATIVES she helped me many times to redirect my This is one of Patsy’s greatest legacies—be- Tuesday, November 19, 2002 course if barriers were placed in front of me! cause of her life and work it is possible today But that was vintage Patsy. She was always for a young Japanese American girl to be- Mr. BERMAN. Mr. Speaker, I am honored to lieve she can be president. pay tribute to my good friend and one of the able to redirect her course if barriers were Like many others in this room, I can still most active, passionate and hard-working ad- placed before her. Having been denied en- hear her voice gently and not-so-gently vocates for older Americans I have ever trance to medical school, she chose the legal pushing us to challenge authority and pop- known, Reverend Dr. Alicia Broadous-Duncan. profession; and was the first Japanese woman ular opinion and fight fiercely for those most This year Reverend Alicia will be 65 years old to pass the bar in Hawaii. As I received the vulnerable in our communities. She was a and the Northeast Valley Multipurpose Senior call of Patsy passing by my daughter Valerie, tough task master who was never one to suf- fer fools gladly and she asked a lot of her tal- Center will recognize her dedicated service as I was saddened only for a short time, because I began to recall all the fond memories we had ented and loyal staff, but never more than their Director by having a birthday celebration she asked of herself. in her honor. together as a source of strength. I remember her call for fairness for immi- I have known Reverend Alicia for many We must all draw on those memories. We grants and families in poverty when she years and I have watched with great admira- must celebrate the life of our dear friend Patsy voted against the tide on harsh welfare re- tion the tireless and energetic work that she and remember how her 24 years of distin- form legislation. I hear the echoes of her pas- has given to the North Valley Multipurpose guished services shaped the lives of those sionate speeches on the floor of the House Senior Center. Her energy is astounding. The who had social impediments, economic in- about the need to invest in quality education equality and educational restrictions. The pas- for all and job training that would allow depth of her concern for the center and her working families a living wage and access to genuine love for humanity has made the cen- sage of the landmark Title IX legislation, which health care. Because she was never one to ter into a warm and welcoming environment. opened doors that had been closed to girls in toot her own horn, people visiting Wash- No matter how busy, Rev. Alicia’s first priority the athletic programs at schools around this ington would be surprised when I told them is to provide help and guidance to those in Nation, will be a lasting memory of how tena- to try to catch one of her speeches because need. ciously she fought to improve the lives of girls she was one of the last of the great orators. Rev. Alicia has done outstanding work dur- for generations to come. She was always about the work—always fo- ing her years of dedicated service to the com- In a career that began before territorial Ha- cused on the people she served. munity. For example, she served on the Chap- waii became a state in 1959, Patsy Mink, with Robert F. Kennedy once said, ‘‘each time a man stands up for an ideal or acts to im- laincy Services Advisory Board of Holy Cross authority, wit and clear perspective, became prove the lot of others or strikes out against Hospital and was a member of the City of Los one of the best-known women politicians in injustice he sends forth a tiny ripple of Angeles Human Relations Commission. the United States, and the first woman of color hope....’’ When Patsy stood up, she sent Reverend Broadous-Duncan has made sig- elected to Congress. Patsy challenged us all! out tidal waves of hope and the lives of all nificant contributions to education and chil- She challenged us with the question, ‘‘Does it Americans are the better because of her. dren’s causes. Recently, she served on the matter whether women are involved in poli- REMARKS OF DR. JANE SMITH Board of Directors for Calvary Christian tics?’’ Her career speaks volumes to that Thank you. I am Jane Smith, the Chief Ex- School and played an integral part in Hatha- question and her accomplishments exemplify ecutive Officer of Business and Professional way Children’s Village Outreach Services. She the answer. Decisions are being made at the Women/USA. has displayed exemplary leadership in Chris- national level that will determine the quality of I join the many Members of Congress and other representatives from the women’s com- tian service. For example, she was the Found- our lives into the next generation. munity here today because Congresswoman er and Executive Minister of Adonai Covenant Patsy Takemoto Mink—by crossing our Mink and BPW share a very long history. Ministries and also an Associate Minister for paths—has given us the leadership tools to The Congresswoman was a member of BPW Calvary Baptist Church in Pacoima. She is ex- advance the agenda for the common good. for at least four decades. But Congress- tremely devoted to her community. Thank you Patsy! Mr. Speaker, on behalf of woman Mink was not simply an affiliate

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.037 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2109 member. She truly epitomized what BPW ondary Education Act. Patsy Mink knew her is one that will continue to inspire us, and considers its greatest strength—the grass- politics. lives on in us in our daily work for justice. roots member. As the mother of the Women’s Educational Congresswoman Mink, you honored us, and Congresswoman Mink attended the meet- Equity Act, she started a program that has we now in return are honoring you. Our deep- ings of her local BPW organization regularly developed hundreds of all kinds of resources est condolences to Wendy and other loved and even cast votes in BPW’s leadership elec- for educators and other concerned about the ones you have left behind. tions. She spoke at our annual policy con- education of women and girls. Yesterday I REMARKS BY KIM GANDY, PRESIDENT AND THE ference many times, sharing her insight on looked through the catalogue of the Edu- MEMBERS OF THE NATIONAL ORGANIZATION the ins and outs of what was happening here cational Development Center which pub- FOR WOMEN. on Capitol Hill. In fact, each year before lishes and disseminates WEEA materials. In The world lost one of its greatest citizens BPW’s policy conference she would call her addition to materials such as 600 Strategies on September 28 with the death of Hawaii BPW contacts in Hawaii to find out who That Really Work to Increase Girls Partici- Congresswoman Patsy Mink. Girls and would be attending the conference and when pation in Sciences, Mathematics and Com- women also lost one of the most valiant and the BPW members arrived in Washington she puters, there were materials about working steadfast champions. Every woman today took them all out to lunch. with immigrant girls, Native American who is enjoying the fruits of her education One of my favorite stories about the Con- women and girls, Latina women and girls, and job opportunities, and every girl who has gresswoman took place about six years ago materials about women of the South, about a chance to play sports in school, owes a nod when BPW’s leadership was asked to testify Cuban American Women, single sex edu- of thanks to Mink who unremittingly and in front of the House Education and Work- cation, a resource manual for single moth- dauntlessly challenged old stereotypes about force Committee about increasing the min- ers, materials for working with disabled girls ‘‘women’s place’’ and helped engineer the imum wage. A number of BPW members, who and yes, even materials for providing equity steady progress for women over the last four were also small business owners, presented for boys. All of these materials have had an decades—parallel to Mink’s career in poli- testimony and at the conclusion of the hear- enormous impact on not only on teachers tics. ing Congresswoman Mink said that the hear- but on so many the children and women in Patsy Mink stood up and showed up for ing was her proudest day as a BPW member. our educational institutions. Patsy Mink In 1998, the BPW Foundation awarded Con- girls and women, often outnumbered and leaves us a legacy—not only the legacy of de- gresswoman Mink a Women Mean Business sometimes outmaneuvered. But she per- fending Title IX but one which enriched Award and BPW’s political arm—BPW/PAC— sisted, cajoled, humored and demanded of her Title IX. She gave us the educational tools has endorsed her for Congress every time she colleagues that Congress attend to the busi- to deal with the effects of sex discimination ran. BPW has honored Congresswoman Mink ness of over half its constituents. Among and indeed to prevent sex discrimination because she was a grassroots member who many accomplishments, she was a leader in from occurring in the first place. Thank you, exhibited incredible leadership and vision. In shepherding the passage of Title IX in 1972 to thank you, Patsy. You have made a lasting the words of BPW’s past National President promote educational equity. One of only two difference. and BPW/Hawaii member—Leslie Wilkins, women ever to receive this honor, Patsy ‘‘We have lost one of our greatest mentors. REMARKS FROM THE EVERY MOTHER IS A Mink was named a NOW Woman of Vision in My only solace is the legacy she has left be- WORKING MOTHER NETWORK June, 2002, in a ceremony honoring the 30th hind. She has inspired countless women—and Grassroots women suffered a great loss anniversary of Title IX. In celebrating her men—to go forward with her work.’’ with the passing of Congresswoman Patsy life we must rededicate ourselves to pro- REMARKS OF BERNICE R. SANDLER, SENIOR Mink. Herself a woman of color, she stood for tecting her legacy by preventing the current SCHOLAR, WOMEN’S RESEARCH AND EDU- us, she stood with us, and she stood as one of efforts to dismantle this landmark legisla- CATION INSTITUTE us and we wonder now who will be our voice tion. Title IX was easily passed because hardly on the Hill. We are proud to have known In the last decade of her political leader- anyone recognized the enormous changes it Congresswoman Mink, to have worked with ship, Patsy Mink was a vigorous advocate on would require, and because it was hidden her and to have her encourage us. The last behalf of poor families. Faced with the bi- away in the Education Amendments of 1972. time we saw her was at a Congressional partisan tidal wave that pounded poor It passed easily because two women laid the briefing we held in June of this year on val- women, insisting that they ‘‘get to work’’, groundwork for it in the House Committee uing the work of caregivers in welfare policy. Mink worked tirelessly to promote policies on Education and Labor, one, Rep. Edith We invited her to the briefing because we that truly addressed the realities of poverty Green who introduced the bill and shep- wanted to honor her for her unswerving in- and last year garnered substantial support in herded it through the Congress, and Rep. sistence that the work of mothers and other the House of Representatives for her legisla- Patsy Mink. They were the only two women caregivers be valued. She told us that we tion to provide additional education and on the committee with 32 men. But together, should not be honoring her, that instead she skills that would support true self-suffi- they forged a revolution. should be thanking us for our work in the ciency. Of course after Title IX was passed, people face of all odds. Patsy Mink will always be remembered found out what it would do. Between 1974 and You must understand we were not a typical with love and respect and gratitude. She was 1977 there were at least 10 bills introduced to beltway crowd. We were a rather rag tag our champion—a tireless advocate and a hero weaken Title IX, and Patsy Mink was in the multiracial group of mothers and grand- to women and girls everywhere. mothers on welfare, some of us with disabil- forefront defending Title IX. If supporting f Title IX and other women’s issues were all ities, some with our grandchildren in tow, she had done, it would have been enough. But who along with other caregivers had gath- TRIBUTE TO CONGRESSWOMAN she didn’t stop there. ered our pennies and traveled to DC to press PATSY TAKEMOTO MINK Let me start by telling you about Arlene our case from cities on the West and East Horowitz, then a secretary on the Hill who Coasts, as well as the Mid-West. We are came to me about an idea for a Congres- women who are studied but not listened to, HON. NEIL ABERCROMBIE sional bill in 1971, before Title IX was even spoken about but not given an opportunity OF HAWAII to speak for ourselves. But her tone to us passed. She asked: Why not have a bill so IN THE HOUSE OF REPRESENTATIVES that the government will fund materials for was one of respect. She spoke to us as a sis- teachers and others about women and girls ter, as a friend, as people to whom she was Tuesday, November 19, 2002 to counter the effects of sex role stereo- accountable. Many of us who heard her at Mr. ABERCROMBIE. Mr. Speaker, I would our briefing speak with such truth, convic- typing? I thought Arlene was crazy and—no like to submit to the appropriate one in their right mind in Congress would tion and clarity were moved to tears. ever support such a bill. Arlene, fortunately From South Central LA to inner city CONGRESSIONAL RECORD, the following state- did not listen to me. She went to other Philadelphia, grassroots women in our net- ments on Congresswoman Patsy Takemoto women who were also skeptical, and then to work were devastated by the news of Con- Mink. gresswoman Mink’s passing and devastated Patsy Mink. Patsy Mink did not think Ar- ON THE PASSING OF THE HONORABLE PATSY further by her passing being treated in much lene was crazy. She gave us the go ahead and TAKEMOTO MINK so the Women’s Educational Equity Act, af- of the mainstream media as merely a passing (Statement of Jacqueline Woods, Executive fectionately known as WEEA, was born. event. She touched the lives of those living Even while we worked on the drafting of daily the impact of welfare ‘‘reform:’’: those Director, American Association of Univer- the bill, many of us still thought it wouldn’t of us on the bottom taking care of children sity Women, October 1, 2002) pass but that if hearings were held, maybe it and other loved ones. To her colleagues on On behalf of the 150,000 members of the would send a message to publishers to begin the Hill, we hope she will always be a shining American Association of University Women publishing such materials on their own. In example of principle, commitment, integrity (AAUW), we express our profound sadness at 1973, Patsy Mink held hearings and con- and compassion from which you can draw the loss of Congresswoman Patsy Takemoto vinced Senator Mondale to do the same in courage. To advocates we hope you will not Mink. Congresswoman Mink was a true pio- the Senate, and in 1974 the bill passed. forget her message. EMWM honors Rep- neer in breaking down barriers in education Just like Title IX WEEA was hidden away resentative Patsy Mink, her spirit; her cour- and the workplace for women and girls, and in another bill, the Elementary and Sec- age in the face of sexism, racism and ageism ensuring that the rights of all Americans are

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.042 E19PT1 E2110 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 advanced and protected. Mrs. Mink often [Dialogue on Diversity, October 16, 2002] create real support systems for women and said that her greatest accomplishments was REPRESENTATIVE PATSY MINK—A TRIBUTE families most in need. passage of Title IX of the Education Amend- (Ma. Cristina Caballero, President, Dialogue Of course, her legislative accomplishments and leadership are remarkable, and have en- ments of 1972. AAUW will continue to ensure on Diversity) that Title IX is protected in order to carry riched our nation and the world. But, she Dialogue on Diversity counted Patsy Mink on Congresswoman Mink’s legacy so that fu- also gave of herself for the National Women’s a friend, supporter, and inspirer. With our ture generations can enjoy full access to all Law Center. She served on the Board of the organizational goal of advancing a creative aspects of education. AAUW’s mission is to National Women’s Law Center at a key junc- dialogue among women of America’s and the promote equity for all women and girls, life- ture in its history, and even gave the Center world’s many diverse ethnic and cultural long education, and positive societal change. its name. She exhorted us as advocates to al- communities, we found a natural ally and Congresswoman Mink’s lifetime commit- ways persevere, but never set for us a higher kindred spirit in Rep. Mink, and an ener- ment to these issues has made it possible for standard than the one she followed for her- gizing source of encouragement and counsel AAUW’s mission to be realized in so many self. She taught us to never give up, and in her ideas and passions as they had evolved areas that have touched the lives of count- never give in to the status quo of unfairness over a long and illustrious career in public less numbers of women and families. AAUW’s and inequity. And she supported us and was service. long-term relationship with Congresswoman always there to fight with us and lend us her It was our great honor to present to Patsy expertise. Mink included her membership with the Hilo Mink the Diversity Award as part of Dia- Branch of AAUW of Hawaii and that partner- She has made such a difference, and will logue on Diversity’s Public Policy/Legisla- into the future. She will live on, we hope, in ship was maintained throughout her stellar tive Forum of 1997. Rep. Xavier Becerra, who career and lifetime. It was an honor and the work that we do and the work of so many presented the award, recalled his own first others with whom we join. We are proud to pleasure to work with Congresswoman Mink days in the Congress. He had been brought to promote educational equity for all women count among our colleagues her daughter under heavy pressure to vote against a meas- Gwendolyn Mink, a professor of Women’s and girls, and we will continue in these ef- ure that his good conscience told him was Studies at Smith College, whose scholarship forts in her honor and in her honor and in proper public policy. Rep. Mink came to him and activism—like her mother’s public serv- her memory. and asked: Are you going to cave on your ice—have focused on ways to improve the first day in Congress? No more needed to be lives of the least fortunate women and chil- IRENE NATIVIDAD OF WOMEN VOTE PATSY said. Conscience won on that occasion, and it dren in our society. As Patsy Mink well MINK TRIBUTE was the powerful moral and political pres- knew, and often said, our children are our fu- ence of Patsy Mink that ensured it did. We ture. May we not only hold that thought, but For anyone who still asks ‘‘What difference were delighted to welcome Rep. Mink to our continue to act on it. does a woman make in public office?’’ just conferences and forums on several occasions, tell them about Patsy Mink. She was the She generously give her precious time and [Asian Pacific American Institute for force behind that one bill that created an attentive counsel, and brought her ever per- Congressional Studies, October 16, 2002] earthquake in women’s and girls’ lives. suasive and heartening message to her REMEMBERING PATSY MINK Whenever I see a little girls soccer team hearers. (Daphne Kwok, Executive Director) playing on the weekend, or hear about a Patsy Mink was a person of passionate en- Thank you so much Congresswoman great woman basketball player, or about an- ergies and of great vitality of intellect as she other women’s team winning Olympic Gold, Millender-McDonald for the invitation to busied herself with the wide range of issues participate today. I would like to begin by or the predominance of women students at concerning women, minorities, and others all levels of higher education, I think of how saying to Patsy Mink’s former and current among the often forgotten and disadvan- staff members a very big thank you for all of much we owed to her. She changed American taged in every corner of the Republic. To re- Women and Girls’ lives forever. their work that they did for the national flect on her career and her friendship is to Asian Pacific American community all of I have been to many women sports events, call forth a great many memories of the bat- these years. We greatly appreciated the com- when women athletes invoke with knowing tles and achievements in the civic life of mitment you had to all of our needs and for familiarity Title IX (They even know the America in the last quarter of the twentieth helping to advance the Asian Pacific Amer- number) and I came away impressed that century, and to focus on her figure, the ican agenda. they knew their debt to this piece of legisla- untiring champion of those in American so- How will the Asian Pacific American com- tion that the average person does not know. ciety who most needed her aid. It is there- munity remember Congresswoman Patsy Yet, I regretted that they did not know their fore hard to realize that she is gone from our Mink? We will remember her as: debt to an Asian American Women Legis- arena of action. Her example has its own vi- The tireless advocate who always voted her lator who crafted the language that made tality, of course, which persists in her many conscience—from fighting for justice for 2000 their athletic or educational lives possible. colleagues and admirers, and in a nation of Asian Pacific American cannery workers of There are women leaders who did not know friends. the Wards Cove Packing Co. left out of the of Patsy’s role in this piece of legislation. Civil Rights Act of 1991 to voting against There are Asian American who don’t know of TRIBUTE BY MARCIA GREENBERGER AND NANCY campaign finance reform because of a provi- Patsy’s great gift to all Americans, whether DUFF CAMPBELL, NATIONAL WOMEN’S LAW sion that would deny legal permanent resi- female or male. CENTER, TO CONGRESSWOMEN PATSY T. MINK dents the right to contribute to political But that is not their fault. Patsy Mink was The National Women’s Law Center is cele- campaigns. an original. She was extremely effective but brating its 30th anniversary this year, along The fighter who was always ready to make not self-promoting. She seemed slight and with Title IX. a verbal statement or a symbolic statement small, but she possessed a spine of steel, as So, from the Center’s very beginning, we on the issues that she was so passionate anyone who ever worked with her on a bill have known of and been grateful for the about. How can we ever forget the image a would know. She seemed so polite and self- work of Congresswoman Patsy Mink. Title few years ago of the Reverend Jesse Jackson effacing, but she was full of determination IX has been one of the most important laws and a mass group of Members and advocates and passion. I told her one time how I loved ever enacted to expand young women’s hori- flooding a House Committee mark-up session to watched people’s reactions when she zons and transform their lives. In the Cen- on an anti-affirmative action bill. The over- speaks. They see this tiny woman and out ter’s efforts since its founding to ensure that whelming support against the bill caused the springs from her mouth this great big voice Title IX is enforced, we have relied on Patsy chairman to cancel the mark-up. The group and this electric presentation. She said Mink’s ringing words in the floor debates on then marched over to the Senate side. And ‘‘There’s value in being underestimated. We Title IX’s sweeping purposes and its broad guess who was standing next to Rev. Jackson surprise them each time.’’ reach. Her words have been especially power- and standing just as tall as him? Patsy! ful in court cases we have brought to secure Or the time that we were at the Lincoln I was proud to have had Patsy Mink as one strong interpretations of Title IX’s reach Memorial on a blistery cold winter day for a of my political mothers, along with Bella and effectiveness. The Center has called on press conference demanding that Bill Lann Abzug and Shirley Chisholm. When I first her wisdom and leadership to keep Title IX Lee receive a Senate vote for his nomination came to Washington many years ago, Bella strong in Congress and in the court of public as Assistant Attorney General for Civil gave me a piece of advice: ‘‘Honey, just opinion as well—up to the very time she be- Rights. Who was there all bundled up in big watch Patsy. She’ll show you how to get came ill this summer. wool coat, scarf, hat, gloves with her fiery things done.’’ And indeed she has. Bella Make no mistake—Title IX is under at- oratory keeping us warm as she ignited the loved Patsy and she thought the world of her tack, and her willingness to speak up and flames within us of this unfairness? Patsy! and her work. speak out was essential. On the occasion of But most especially, we will remember In this town full of statutes and buildings the National Women’s Law Center’s 30th An- Patsy for the generous time she carved out to commemorate men’s achievements, it is niversary Dinner this November 13, 2002, we from her jam packed schedule to always gra- important for us here in the room to remem- will honor Congresswoman Mink for all she ciously meet with and inspire Asian Pacific ber not to let our heroines leave us without did to make and keep Title IX strong, as well American elected officials, Asian Pacific acknowledging their great work while as for the battles she waged, in which the American student interns, Asian Pacific they’re still with us. Center has joined, to fight poverty and to American community leaders, and the Asian

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.044 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2111 Pacific American grassroots community writing during the annual New England Associ- benefits on Colombia, Peru, and Bolivia but sending them home with pearls of wisdom ated Press News Executives Association withholding Ecuador’s cause for further review. and a charge to do good for others and to award presentations which were held in The recent decision to go ahead and renew serve this nation. This is how the Asian Pacific American Ogunquit, Maine. Ecuador’s status is dependent upon Ecuador community will forever remember the in- In commenting on Brown’s first place award, fulfilling certain medium-term conditions at a credibly vibrant Congresswoman from Ha- the judges noted that ‘‘his columns had good later date. waii—Patsy T. Mink. starts and even stronger endings. This is col- We believe those conditions would be satis- umn writing the way it should be.’’ Garry has fied earlier if our country held Ecuador to the f successfully tackled various topics in his col- labor standards that U.S. trading agreements TRIBUTE TO OFFICER GLEN umns from the New York City terror attacks to demand. The truth is that Ecuador sells more KIRKLAND racism. There is no doubt that he is a talented bananas to the U.S. than it does to any other and gifted writer and the people of New Eng- country. It enjoys a beneficial trading arrange- HON. EDOLPHUS TOWNS land have enjoyed his writing over the last half ment that is contingent upon a respect for century. OF NEW YORK basic human rights. It should be held account- I am personally a fan of his columns and IN THE HOUSE OF REPRESENTATIVES able. have read them for many years. So today, I We have included the September 23 letter Tuesday, November 19, 2002 wish to personally congratulate Garry Brown we sent to the USTR. Under each of our rec- Mr. TOWNS. Mr. Speaker, I rise today to on his first place award and for his out- ommendations, we have included an update of honor Officer Glen Kirkland for his significant standing achievement in sports writing. Surely, what the Ecuadorian government has done on contributions in making his community and so- he has created a dynamic legacy in New Eng- this concern. We hope these measures will ciety a better and safer place to live. Officer land. have been fully adopted by Ecuador when Kirkland has always been a beacon in the f USTR revisits the issue in the future. Until community with his ability to serve as a con- LABOR VIOLATIONS UNDERMINE then, we will continue to support rights for scientious and honorable role model for many U.S.-ECUADOR TRADE RELATION- workers in Ecuador and elsewhere. youth in the community. SHIP Robert B. Zoellick, Officer Kirkland was born on March 27, Ambassador, United States Trade Representa- 1955 in Brooklyn, New York to Ruthel and tive, Washington, DC. David Fredrick and has five siblings, two sis- HON. GEORGE MILLER DEAR AMBASSADOR ZOELLICK: As you know, ters and three brothers. During his formative OF CALIFORNIA in order for countries to be eligible under the IN THE HOUSE OF REPRESENTATIVES years, he attended Brooklyn public schools. Andean Trade Promotion and Drug Eradi- Tuesday, November 19, 2002 cation Act (ATPDEA), they must provide for Officer Kirkland began serving his community internationally recognized worker rights. We at an early age; during his teen years he was Mr. GEORGE MILLER of California. Mr. are writing to express our concern that Ec- involved with the Faith, Hope and Charity Speaker, on October 29, the United States uador has not met this criteria. We are par- Community Center. At this community center, Trade Representative (USTR) recommended ticularly concerned about abuses in the ba- Officer Kirkland was involved in projects that to the White House that Ecuador be des- nana sector. kept him off the streets and helped him secure ignated a beneficiary country under the Ande- Ecuador does not effectively enforce its summer employment. an Trade Promotion and Drug Eradication Act laws governing the worst forms of child labor Glen Kirkland became a New York City Po- in its banana sector nor do the minimal pen- (ATPDEA). The White House issued a procla- alties for violating those laws effectively lice Officer in 1980. During his career as a po- mation adopting the recommendation on Octo- deter employers from employing children in lice officer he has had various assignments ber 31, one day before trade ministers met for hazardous conditions. In Ecuador’s banana dealing with the youth of the community. At a summit in Quito, Ecuador. sector, harmful child labor is widespread, the 75th Precinct, Officer Kirkland became the The United States has once again chosen children work long hours, are exposed to Youth Officer and Union Delegate for the to extend special trading benefits to Ecuador toxic pesticides, use sharp tools, haul heavy Guardians organization. He has received nu- despite blatant and rampant violations of work- loads of bananas, lack sanitary water and ac- merous certificates, awards and plaques from er rights in that country’s banana industry. cess to restroom facilities, and, in a few the local community, state and federal entities Our Administration had a golden opportunity cases, experience sexual harassment. Al- to promote democratic ideals abroad by plac- though the government of Ecuador and the for his efforts in working with youth. Ecuadorian banana industry have recently Officer Kirkland is known not only as a ing universal labor rights above economic self- pledged to take steps to address the problem, trendsetter on his parole beat but also as a interest. It should have withheld trade benefits the promised steps are insufficient, as they neighbor and family man. On more than one until Ecuador proved it was serious about fail to address adequately the problem of in- occasion, during the winter snows, he would eradicating child labor on its plantations, im- effective enforcement of child labor laws and shovel his sidewalk as well as his neighbors. proving the hostile climate toward the right to inadequate sanctions for their violation. He is a loving son, brother, devoted husband organize, and bringing to justice those who at- Ecuadorian laws intended to protect free- and father. He is the type of man you can call tacked striking workers in February and May. dom of association are seriously deficient. on at any hour of the day or night for assist- In February 2002, hoodlums attacked strik- Employers who fire workers for organizing ing workers on a banana plantation in the mid- are not required to reinstate the workers ance and he will be there. and, if caught, usually pay only a minimal Mr. Speaker, I ask my colleagues to join me dle of the night. Soon thereafter, Human fine. Employers are not prohibited from in honoring Officer Glen Kirkland for his lead- Rights Watch released a damning report interfering with unionization efforts or at- ership specifically with youth and the many which documented a long litany of labor tempting to control workers’ organizations. other contributions to his community. His en- abuses on Ecuadorian banana plantations. As And legal loopholes allow employers to deavors and accomplishments deserve our concerned members of the International Work- string together short-term contracts to cre- praise and appreciation. er Rights Caucus, we sent down staffers to in- ate a vulnerable ‘‘permanent temporary’’ workforce. Subcontracted workers, also used f vestigate the situation. They were given few helpful answers. widely in the sector, lack job stability and TRIBUTE TO GARRY BROWN On September 23, we wrote to USTR Am- can only bargain collectively with their sub- contractors, not with the companies that ac- bassador Zoellick and made the case that Ec- tually control their employment terms. HON. RICHARD E. NEAL uador did not deserve renewed trading bene- These factors create a climate of fear among OF MASSACHUSETTS fits. Throughout the summer, the Ecuadorian banana workers in Ecuador and have largely IN THE HOUSE OF REPRESENTATIVES government and much of the banana industry prevented them from organizing, resulting in had continued to dismiss conclusions reached a banana worker union affiliation rate of Tuesday, November 19, 2002 in the Human Rights Watch Report. It had be- roughly 1 percent, far lower than that of Co- Mr. NEAL of Massachusetts. Mr. Speaker, it come clear that the case of the attacked work- lombia or any Central American banana-ex- is an honor for me to bestow a special rec- ers was nowhere near resolution. In short, the porting country. Despite all the impediments to organizing, ognition to Garry Brown, chief Boston Red Ecuadorian government had shown little en- in February 2002, workers on the Los Alamos Sox writer and standout sportswriter for the thusiasm for instituting necessary labor re- banana plantations, owned by the Noboa past 52 years. Let me just say, there is no forms to keep trade beneficiary status. Corporation, began the first serious banana finer baseball writer in America. Gary Brown USTR took our letter and its recommenda- worker organizing drive in Ecuador in over was recently awarded the top honors in sports tions seriously by conferring renewed trading five years. The Los Alamos workers, whose

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.046 E19PT1 E2112 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 three unions were recognized by the Ministry trial will focus solely on the incidents and Explicitly prohibit employers from inter- of Labor in April and who began a legal charges set forth in the prosecutor’s report, fering in the establishment or functioning of strike on May 6 in an effort to get their em- which forms the basis for the case. Thus, un- workers’ organizations and attempting to ployers to engage in good-faith negotiations, less another case is opened and a new inves- dominate or control workers’ organizations. have been the victims of alleged anti-union tigation undertaken, those who may have Require reinstatement of workers fired for dismissals; anti-union violence, including contracted the roughly two hundred per- engaging in union activity and payment of shootings on May 16; government failure to petrators of the violence and all but sixteen lost wages during the period when they were investigate the violence and prosecute the of the perpetrators will enjoy impunity, and wrongfully dismissed. perpetrators; employer interference with the sixteen accused will face charges for only Prohibit explicitly employer failure to hire Special Committees representing the work- a fraction of the illegal activities of May 16, workers due to organizing activity and es- ers before government-convened arbitration also enjoying impunity with respect to the tablish adequate penalties to deter employ- panels; and the unlawful use of strike- others. ers from engaging in this or other anti-union breakers. If the Los Alamos workers’ right Investigate whether replacement workers discrimination. to organize is not fully protected, other ba- were hired illegally and whether employers Allow subcontracted workers to organize attempted to place workers’ Special Com- nana workers will likely be deterred from or- and bargain collectively with the person or mittees under employer control, violating ganizing for fear of suffering similar con- company for whose benefit work is realized if the right of workers’ associations to func- sequences, creating a chilling effect on the that person or company has the power to dic- tion free of employer interference. If so de- exercising of fundamental worker rights. tate workers’ terms and conditions of em- termined, these violations should cease and labor abuses in Ecuador’s banana sector were ployment. extensively documented earlier this year in the employers should face appropriate pen- alties, adequate to deter future abuses. This Reduce the minimum number of workers Human Rights Watch’s report, Tainted Har- required to form a union. vest: Child Labor and Obstacles to Orga- condition was also not fulfilled prior to granting Ecuador ATPDEA beneficiary sta- Ecuador has not explicitly made any of nizing on Ecuador’s Banana Plantations, and these commitments. Instead, Ecuador com- have also been widely reported in U.S. and tus, and, instead, Ecuador committed to the United States, generally that it would estab- mitted to look seriously at the consistency foreign media, including the New York of its labor laws with ILO obligations. This Times, Washington Post, Financial Times, lish a ‘‘high level commission’’ to inves- tigate this and other issues related to the falls significantly short of promising to sub- and Economist. mit labor law reforms to congress to address Because Ecuador has failed to fulfill its Los Alamos case and report back to the United States with findings and rec- specifically the areas, highlighted above, in commitments to eliminate the worst forms which Ecuadorian labor laws fail to meet of child labor and to protect workers’ right ommendations for improvements. Ecuador did not, however, commit that this ‘‘high international standards on freedom of asso- to organize, the country should be denied ciation and child labor. ATPDEA designation until benchmarks ad- level commission’’ nor any other government Ecuador also agreed to send seven labor dressing the enforcement of child labor laws body would punish the employers if guilty of rights-related international law instruments and the abuses suffered by Los Alamos work- violating Ecuadorian law governing the use of replacement workers or if guilty of vio- to its congress for future ratification. Of ers are met. We urge the United States Trade lating workers’ right to freedom of associa- these seven, however, two- the U.N. Protocol Representative (USTR) to send a delegation tion by interfering with workers’ organiza- to Prevent, Suppress and Punish Trafficking to Ecuador to verify compliance with the tions. in Persons, Especially Women and Children benchmarks. If the benchmarks are met, and ILO Convention 138, the Minimum Age ATPDEA designation should be granted on a CHILD LABOR Convention-were already ratified by Ecua- provisional basis for six months, on the con- Designate, as required by Ecuadorian law, dor. One- the Inter-American Convention on dition that reforms to bring labor laws into at least one labor inspector for children in the Elimination of All Forms of Discrimina- compliance with international standards be each province-a total of twenty-two inspec- tion for Reasons of Gender and Age-does not made within that time frame. tors-and provide them with sufficient re- even exist. Therefore, only four of the instru- We also recommend that Ecuador be asked sources to effectively implement child labor ments could, in practice, be submitted for to take the following measures to address ur- laws. These inspectors should be in addition ratification, none of which address the con- gent labor rights problems prior to ATPDEA to, not in lieu of, existing labor inspectors. cerns highlighted above. designation: Ecuador’s Minister of Labor issued a de- After these essential measures have been THE LOS ALAMOS CASE cree addressing enforcement of child labor laws that blatantly fails to meet this condi- taken and reforms adopted, Ecuador should Undertake a comprehensive investigation tion. On October 4, 2002, Ecuador’s Minister be required to commit to continuing to re- of the violence against the striking banana of Labor decreed a new ‘‘System for the In- form labor legislation and improve labor law workers and effectively prosecute those re- spection and Monitoring of Child Labor.’’ enforcement until internationally recognized sponsible, including any parties who may However, this initiative is insufficient to ad- worker rights are fully respected throughout have hired the perpetrators. dress the country’s egregious failure to en- the country. Not only was this condition not fulfilled force its child labor laws. The new system We thank you for your consideration of prior to granting Ecuador ATPDEA bene- does not provide for new labor inspectors, this very important matter and would be ficiary status, but Ecuador committed to the but explicitly states that existing inspectors happy to discuss it with you further. We look United States only, generally, that it would charged with enforcing other labor laws shall forward to your response. continue to investigate and take further ac- be shifted to this new bureaucracy. Further- Sincerely, tion in the Los Alamos case, failing to ad- more, although the decree states that the GEORGE MILLER, dress specifically any of the very serious Ministry of Labor will ensure that the sys- Member of Congress. concerns, detailed below, with regards to the tem is provided with sufficient financial and JANICE D. SCHAKOWSKY, investigation undertaken. human resources to complete its functions, Member of Congress. At approximately 2:00 a.m. on May 16, 2002, there is no guarantee that additional funding f some two hundred armed individuals at- will be provided to the Ministry of labor for tacked striking workers on Los Alamos, these purposes. ABORTION AND BREAST CANCER looting their homes, beating many of them, Ecuador has committed to the United and shooting at least one. Around 6:00 p.m. States, generally, to improve enforcement of that same day, the armed men allegedly shot child labor laws and comply with Inter- HON. CHRISTOPHER H. SMITH eight more workers and a policeman. In Oc- national labor Organization (ILO) conven- OF NEW JERSEY tober 2002, Ecuador concluded a sorely inad- tion 182 concerning the prohibition and Im- IN THE HOUSE OF REPRESENTATIVES equate investigation of this case. According mediate Elimination of the Worst Forms of to a report by the prosecutor handling the Child Labor. Ecuador did not specifically Tuesday, November 19, 2002 case, only sixteen of the assailants were commit, however, to fully fund the system charged with any crime. The events of 2:00 created to uphold these commitments nor to Mr. SMITH of New Jersey. Mr. Speaker, I a.m. were never investigated. No attempt address that system’s significant inadequa- rise to submit a letter from 28 Members of was made to identify who hired the armed cies. Congress, and an enclosure from the National individuals, nor were any workers inter- Ecuador should be required to commit, Physicians Center for Family Resources, re- viewed. The investigation examined only the prior to ATPDEA designation, to make the questing that the National Cancer Institute cor- case of the injured policeman, mentioning following labor law reforms within six rect scientific inaccuracies in their Fact Sheet only that a local newspaper had reported months, as a condition for continued des- on the link between abortion and breast can- that one worker was also shot. The Los Ala- ignation: mos case is now before a criminal judge, Increase the penalty for violating child cer. I commend the National Cancer Institute Even if the case proceeds to trial, as the labor laws and require a portion of punitive for the steps they have already taken to revisit prosecutor has requested, and further inves- fine to be dedicated to the rehabilitation of their fact sheet and I look forward to a scientif- tigation is undertaken at that stage, the displaced child workers. ically accurate fact sheet in the near future.

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.050 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2113 CONGRESS OF THE UNITED STATES, repeatedly, as if they are equivalent. Never CONFERENCE REPORT ON S. 1214, Washington, DC, June 7, 2002. is the proper equation of spontaneous abor- MARITIME TRANSPORTATION SE- Hon. TOMMY THOMPSON, tion and miscarriage made; in fact, the word CURITY ACT OF 2002 Secretary of Health and Human Services, De- miscarriage never appears. Yet paradox- partment of Health and Human Services, ically, the ‘‘inability to separate induced SPEECH OF Hubert Humphrey Building, Washington, from spontaneous abortions’’ is offered as a DC criticism of earlier studies on the abc link. HON. STEPHEN HORN DEAR SECRETARY THOMPSON: We write to Misrepresentation of the published medical OF CALIFORNIA request a review of the National Cancer In- literature on the abc link: IN THE HOUSE OF REPRESENTATIVES stitute (NCI) fact sheet FS #35.3, labeled (a) A key study on American women which ‘‘Abortion and Breast Cancer.’’ As we work relied on prospective medical records (Howe Thursday, November 14, 2001 together to make sure the American public et al., 1989), and which found a significant Mr. HORN. Mr. Speaker, I rise today in sup- has the most accurate and up to date infor- abc link (overall RR = 1.9), is not cited at all, port of S. 1214, the Port and Maritime Security mation on health risks, especially related to even though much more weight is given to the serious disease of breast cancer, we data ‘‘from studies that collected data on Act of 2002 Conference Report. As many of wanted to specifically ask for a review of the abortion history before the breast cancers you know, I have been privileged to represent official NCI information on the link between occurred’’, and even though it is presented as the Ports of Los Angeles and Long Beach for abortion and breast cancer. Even though this a weakness that ‘‘Most of the early studies the past 10 years. Each day these ports re- fact sheet was updated March 6th of this relied on self-reports of induced abortion’’. ceive cargo from points around the globe. The year, we believe it is scientifically inac- (b) The study specifically funded by the San Pedro Bay port complex is the third larg- curate and misleading to the public. NCI to examine the abc link (Daling et al., Even though, to date, 28 out of 37 scientific est seaport in the world. These ports are re- 1994), which study reported a significant sponsible for over 30 percent of all U.S. water- studies worldwide, and 13 out of 15 in the overall link (RR = 1.5) and much higher risks United States show a positive association be- for teenagers (RR = 2.5) and actually re- borne trade with an estimated value of $162 tween abortion and breast cancer risk, the ported ‘‘RR = b’’ for teenagers with any fam- billion a year. The bulk of these imports arrive NCI fact sheet on this topic emphatically ily history of breast cancer, is not cited at in 20- or 40-foot containers aboard some of states ‘‘The current body of scientific evi- all. the world’s largest cargo ships. Additionally, dence suggests that women who have had ei- (c) The only comprehensive review and our ports handle millions of cruise passengers ther induced or spontaneous abortions have meta-analysis on the abc link (Brind et al., the same risk as other women for developing annually. Insuring the safety of containers and 1996), which reported a positive association passengers entering and exiting the ports of breast cancer.’’ This glossing over of the in 18 out of 23 studies worldwide (9 out of 10 weight of published scientific evidence does in the US), is not cited at all. this country is a daunting task. Currently, only not provide the public with the information Reliance on flawed studies which do not about 2 percent of the shipping containers en- they deserve. show an abc link, merely because they are tering the country are inspected. This simply Furthermore, it seems inappropriate for based on prospective data, namely: will not do. Passing this comprehensive port the NCI to rely so heavily on one study to (a) the study by Melbye et al., 1997, even security legislation will insure that more con- support its claims regarding abortion and though it misclassified 60,000 abortion-posi- tainers are inspected and that our ports are breast cancer. The NCI fact sheet relies on tive women as abortion negative, used breast Melbye et al., 1997, although that study con- properly protected. cancer records which antedated abortion I am particularly pleased that Section 203 of tains many significant flaws. In particular records, and included over 350,000 women the Melbye study: misclassified 60,000 women under age 25, among other flaws; this legislation incorporates a bill that I intro- as not having abortions when, in fact, the (b) the study by Goldacre et al., 2001, even duced in the 106th Congress. This section au- women did undergo an abortion; included though it misclassified over 90 percent of the thorizes the Secretary of Transportation to medical records that did not consistently abortion-positive women in the study as make grants to the American Merchant Marine record a history of abortion; and, included abortion-negative; Veterans Memorial Committee to construct an over 350,000 women who were generally too (c) the null studies by Newcomb and young to be diagnosed with breast cancer be- addition to the American Merchant Marine Me- Mandelson (2000) and Lazovich (2000), even morial Wall of Honor in San Pedro, California. cause their ages were twenty five years of though both are so small (23 and 26 patients age and younger. We believe NCI has given with induced abortion, respectively) and of Thus far, the Committee has already raised this flawed study too much weight and that such low statistical power that neither could well over $500,000 to begin construction on the entire body of evidence needs to revisited even detect a RR as low as 1.5 with statis- the second phase of this memorial. Plans for as soon as possible. tical significance. the addition to the memorial call for panels to We respectfully request that the fact sheet Inclusion of inaccurate statements, i.e.: be reevaluated for accuracy and bias and list the names of those who died while serving (a) ‘‘In three of the (four) studies, informa- in the U.S. Merchant Marine. that it be removed from the Department tion was based on medical records than on website until that review is completed. We Since 1775, the maritime community has the woman’s self-report;’’. In fact, this is played a critical role in gaining and preserving thank you for your attention to this impor- true of only two (i.e., Goldacre and Newcomb tant health issue and to our concerns about & Mandelson) of the four studies referred to. American freedom. The Merchant Marine the NCI fact sheet on the link between abor- (b) ‘‘The strength of this study (Melbye served as our first Navy and defeated the Brit- tion and breast cancer. 1997) include . . . the ability to account for ish Navy in our fight for independence. We Sincerely, breast cancer risk factors that may differ be- owe much to the brave mariners past and Christopher Smith; Joseph R. Pitts; John tween those women who have had abortions present who have served in the Merchant Ma- Shadegg; W. Todd Akin; Joe Wilson; and those who have not,’’. In fact, the lack of Robert B. Aderholt; Walter B. Jones; rine. The American Merchant Marine Memorial such data on potential confounders was a Wall of Honor located in San Pedro, Cali- Sue Myrick; Milissa A. Hart; Sam weakness of the Melbye study, which only Johnson; Roscoe G. Bartlett; Todd adjusted for age and age at first term preg- fornia, is a symbol of the debt we own those Tiahrt; Pete Hoekstra; Bob Schaffer; nancy. Most studies also adjust for age at who have served so bravely. Mike Pence; Gil Gutknecht; Van menarche, age at menopause, etc. Many of my colleagues will remember how Hilleary; Henry E. Brown, Jr.; Jim (c) ‘‘Most of the early studies necessarily the Merchant Marine secured its place in Ryun; Barbara Cubin; Dave Weldon; relied on self-reports of induced abortion, American history during the Second World Jim DeMint; John Sullivan; Mark which have been shown to differ between War. During that conflict, the 250,000 men Souder; John N. Hostettler; JoAnn breast cancer patients and other women.’’ In Davis; Ernest Istook; Cliff Stearns. and women in the U.S. merchant fleet made fact, the opposite is true. Even the only enormous contributions to the eventual win- study cited on the fact sheet which examined ning of the war, keeping the lifeline of freedom NATIONAL CANCER INSTITUTE FACT SHEET this question reported: ‘‘The authors’ data do ANALYSIS, THE ABORTION—BREAST CANCER not suggest that controls are more reluctant open to our troops overseas and to our allies. CONNECTION (ABC LINK), NATIONAL PHYSI- to report a history of induced abortion than This fleet was truly the ‘‘Fourth Arm of De- CIANS CENTER FOR FAMILY RESOURCES are women with breast cancer.’’ fense’’ as it was called by President Franklin (NPC), APRIL, 2002 Disguising the established breast cancer D. Roosevelt and other military leaders. Overall tone of denial of abc link: ‘‘... it risk factor that is directly affected by abor- The members of the U.S. Merchant Marine appears that there is no overall association tion in a substantial proportion of abortion faced danger from submarines, mines, armed between spontaneous or induced abortion patients, i.e.: ‘‘Well established breast can- raiders, destroyers, aircraft, ‘‘kamikaze,’’ and cer risk factors include . . . a late age at the and breast cancer risk, . . .’’, even though, to the elements. At least 6,800 mariners were date, 28 out of 37 studies worldwide and 13 time of the first birth of a full-term baby’’. out of 15 in the U.S. report a positive asso- Abortion, which, in childless girls and killed at sea and more than 11,000 were ciation. women, necessarily delays the first full-term wounded at sea. Of those injured, at least Confusion of induced and spontaneous pregnancy, is not mentioned at all in this 1,100 later died from their wounds. More than abortion: These two terms appear together context. 600 men and women were taken prisoner by

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.051 E19PT1 E2114 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 our enemies. In fact, one in 32 mariners serv- Department of Defense and I am certain it will guished members of the U.S. House of Rep- ing aboard merchant ships in the Second continue to provide invaluable research for resentatives and the U.S. Senate. To all of World War died in the line of duty, suffering a America’s maritime interests. Again, I am them I say, thanks for working with me to- greater percentage of war-related deaths than pleased with, and strongly support, this timely wards a better America. all other U.S. services. port security legislation. And, of course, every Member of Congress Since that time, the U.S. Merchant Marine f works with many, many competent staff, from has continued to serve our nation, promoting the staff in their own personal offices to the freedom and meeting the high ideals of its PROJECT 19 Committee and Subcommittee staff and the past members. It is fitting to honor the past leadership and floor staff. It has often been and present members of the U.S. Merchant HON. MARY BONO said that without staff where would this institu- Marine. This is why I introduced legislation in OF CALIFORNIA tion be? And I concur with that statement, for the previous Congress that would provide ad- IN THE HOUSE OF REPRESENTATIVES without the many fine staff with whom I have ditional federal funding for the memorial wall in had good fortune to work, I and other Mem- Tuesday, November 19, 2002 San Pedro. Twice the House has approved bers of Congress of the United States would legislation authorizing funds for this worthy Mrs. BONO. Mr. Speaker, I rise today to be far worse off. While I cannot mention all memorial, today I am pleased that the House recognize the brave American civilians who the fine staff who have worked with me over and Senate are moving to approve this author- volunteered to assist our allies in the fight the years, let me at least mention the current ization in the port security conference report. against an enemy that was threatening de- personal and subcommittee staffers who have Throughout the development of the con- mocracy for the entire world. These patriotic endeavored to achieve our common goals and ference report, I have sought to provide the Americans chose to enter World War II to par- to whom I give my hearty thanks and wish greater protection for ports and the commu- ticipate in a mission referred to as Project 19. them well in their future careers. nities that surround them against terrorist at- In the fall of 1941, prior to the attack on In my Harrisburg district office, Arlene tacks. I am pleased that the conferees have Pearl Harbor, President Franklin D. Roosevelt Eckels, my long-time personal secretary who included port security grants and research and met with British Prime Minister Winston has worked for me since the early days in the development grants that will encourage the Churchill to discuss the United States assist- Pennsylvania State Senate and to whom I development and use of state-of-the-art tech- ing Britain in its battle with Hitler’s Reich. wish a happy and much deserved retirement; nology. Like the conferees, I believe it is im- President Roosevelt responded by author- Tom Templeton, my hardworking district direc- portant to encourage the private sector to con- izing a secret Air Depot to be established and tor, who so ably kept my entire district staff tinually advance the state of the art as a operated by American civilian volunteers in working smoothly; Suzanne Stoll, an old friend means of enhancing detection capabilities and Eritrea, East Africa under the direction of and superb caseworker; Paul Giannaris, thus enhancing deterrence over time. Douglas Aircraft Company. Due to the fact whose ability to handle INS problems has When he is reviewing project proposals and that the U.S. had not yet entered the war and made him invaluable; and Tim Vollrath, a re- awarding grants, I encourage the Secretary of for obvious diplomatic reasons, Project 19 was cently returned former employee whose mili- Transportation to give preference to those classified as ‘‘secret.’’ tary and veterans help has been superb. In projects that incorporate technologies that are The goal of the volunteers, also referred to our Lebanon Office, Reg Nyman has been the capable of automatically detecting shielded as ‘‘Tech Reps’’ and ‘‘Feather Merchants,’’ voice of Lebanon for these many years, and nuclear weapons, liquid and other explosives, was to assemble P–40’s and repair hundreds his excellent knowledge and service will be and chemical and biological agents weapons of worn out and damaged allied aircraft, first missed. And in our Elizabethtown office, in fully loaded cargo containers without the for the Royal Air Force (RAF), and after Amer- Susan Melendez has kept our Lancaster need for humans to open the containers to ica entered the conflict, B–24’s and B–17’s for County constituents well served by her kind manually inspect them. Based on testimony the United States Army Air Corps. When this and efficient manner. Over the last twenty received by the Congress, it would appear that group of freedom loving Americans first began years my district office staff has handled hun- pulsed fast neutron technology is capable their volunteer mission, they helped the RAF dreds of thousands of phone calls and con- today of meeting this need. As a result, I hope repair planes that had been damaged during stituent casework requests. A superb record that this technology and other technologies will horrific battles. When the secret mission was by a superb staff. be identified, developed, and installed in our terminated, many volunteers joined the military My Washington office staff have proven ports as part of the ongoing process of en- to fight alongside our allies and some of them themselves time and time again, regularly hancing port security through this legislation. gave the ultimate sacrifice, their lives. going beyond the call of duty. (The tally of my Long Beach State’s Center for the Commer- Many lives have been affected by the sac- hundreds of legislative measures, nearly 30 cial Deployment of Transportation Tech- rifice these valiant men made and I believe Public Laws, thousands of office meetings and nologies (CCDoTT) has been developing mari- the time has come to recognize these heroes countless committee and other initiatives over time technology for many years, and has re- who volunteered their services and their lives the years speaks truth to that assertion.) First, cently turned their attention to port security to their country and its allies. on my personal staff, Patrick Sheehan, my technology as well. In the FY03 Defense Ap- Mr. Speaker, as long as our Nation is Counsel and Legislative Director, has been a propriations bill CCDoTT was granted $4.3 served by men and women who place the de- dynamic and intelligent thinker and leader, million for continuation of their important work fense of freedom above their personal safety who offered sage advice on immigration, mili- to develop more efficient cargo handling in and well being our Nation will endure. The tary and veterans affairs; Greg Herman, my ports, high-speed ship designs, and port secu- men of Project 19 served with pride and dis- Senior Legislative Counsel kept pace with my rity research. This funding will allow the center tinction, and deserve the recognition of our many Judiciary and legislative demands espe- to continue assessing cargo inspection tech- Nation and this Congress. cially bankruptcy reform and appropriations nologies that can help meet the needs of f (as I would expect from a Palmyra, PA native); agencies such as the U.S. Customs Service Becky Smith, my office manager and health and the Coast Guard. THANKING MY CONGRESSIONAL legislative assistant, kept my schedule and Section 70107 of the accompanying report STAFF personal affairs humming along smoothly and authorizes an additional $15 million for fiscal ably managed my most favorite of projects, years 2003 through 2008 for research and de- HON. GEORGE W. GEKAS the Congressional Biomedical Research Cau- velopment grants for port security. I am OF PENNSYLVANIA cus of which I was founder and Co-Chairman; pleased that report language for the Port and IN THE HOUSE OF REPRESENTATIVES David Greineder, who did a multitude of duties Maritime Security Act of 2002 particularly as my talented systems manager, legislative notes the importance of the research being Tuesday, November 19, 2002 correspondent and Legislative Assistant cov- done at Long Beach State’s Center for the Mr. GEKAS. Mr. Speaker, the end of a con- ering education and labor issues; Bill Tighe, Commercial Deployment of Transportation gressional career brings about many emo- another LC and Legislative Assistant whose Technologies. This language encourages the tions. Over the last twenty years I have hap- insights into the Agriculture and Natural Re- Secretary of Transportation and the Secretary pily spent representing the fine people of the sources needs of Pennsylvania and the district of Defense to obligate any current and prior 17th Congressional District of Pennsylvania I were more than invaluable, they were accu- year appropriations under the continuing coop- have had the pleasure of working with thou- rate; Mike Shields, my recent press secretary erative agreement. The Center is sponsored sands of constituents, local, state and federal extraordinaire, who did an excellent job under by the U.S. Maritime Administration and U.S. officials, and many former and current distin- difficult situations; and, of course, Alan

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.053 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2115 Cagnoli, my long time Chief of Staff from Her- of four, he has been a strong advocate for try- addition, the clinic houses broad and important shey, PA, a superb leader of the office and ing to make the House of Representatives social services to treat the whole patient. It jack-of-all-trades who kept the office running more family-friendly. has a domestic violence advocate available to and productive no matter what the crisis. As a member of the Committee on Edu- recognize and work with patients who are vic- My Judiciary Subcommittee on Immigration, cation and the Workforce, he has worked tire- tims of domestic violence. There is also a Border Security and Claims, of which I was lessly to improve our children’s education from legal clinic on site to assist with a variety of Chairman, was ably staffed by George Head Start all the way to the college-level, issues such as immigration and child custody. Fishman, Lora Ries, Art Arthur, Cynthia supporting public school choice and making There are case managers and mental health Blackston and Emily Sanders, as well as Brian college education more affordable for all professionals at the ready to treat any number Zimmer of the Full Committee staff. They han- Americans. of concerns that patients may present when dled the extremely important legislation neces- I want to thank Congressman TIM ROEMER they come to the clinic. sitated by the new domestic and international for his hard work on behalf of the Third Dis- Part of what makes the L.A. Free Clinic so threats we now face. Their assistance to me trict, the State of Indiana and the country. I successful is its more than 500 volunteers during the challenges of this year is impos- wish him, his wife Sally and their four chil- who eagerly answer phones, translate diag- sible to measure. The House of Representa- dren—Patrick Hunter, Matthew Bennett, Sarah noses, speak at health fairs and organize tives has much to look forward to with their Kathryn and Grace Elizabeth, all the best in fundraisers. The clinic’s board is equally dedi- continued work. the future. cated and impressive, still represented by And last but not least, is the Subcommittee f some original founders. The L.A. Free Clinic is on Commercial and Administrative Law, of also lucky to have a number of support organi- PERSONAL EXPLANATION which I was a member this last Congress but zations without which it could not function. on which I served as Chairman from 1994– They include Friends of the L.A. Free Clinic, 2000. On this subcommittee we dealt with the HON. LOUISE McINTOSH SLAUGHTER New Friends of the L.A. Free Clinic and L.A. hundreds of regulatory reform issues devel- OF NEW YORK Free Clinic Auxiliary. oped by the Republican Majority through the IN THE HOUSE OF REPRESENTATIVES It has been my distinct privilege to represent Contract With America and following initia- Tuesday, November 19, 2002 and support the L.A. Free Clinic for much of tives. My major Bankruptcy Reform measure Ms. SLAUGHTER. Mr. Speaker, I was un- its existence. The residents of Los Angeles began with me in this subcommittee; Adminis- able to be present for rollcall votes 483 and and our health care system owe the L.A. Free trative Law Judges; Legal Services Reform; 484. Had I been present, I would have voted Clinic a great debt of gratitude and we will the Federal Agency Compliance Act; The Reg- ‘‘aye’’ on rollcall vote 483, and ‘‘no’’ on rollcall continue to rely on its superb service and car- ulatory Fair Warning Act; Executive Orders; vote 484. ing. We are looking forward to the next 35 Internet Tax reform; the Federal Arbitration years to come. f Act; Interstate Compacts; the Independent I ask all of my colleagues to join me in wish- Counsel Act; and many, many other topics. TRIBUTE TO THE L.A. FREE ing the L.A. Free Clinic a very heartfelt and While bankruptcy reform took center stage, CLINIC happy 35th anniversary. there was no end to the amount of topics and f work my staff and I pursued. For this I thank HON. HENRY A. WAXMAN them, the current and former staffers of the A TRIBUTE TO REPRESENTATIVE OF CALIFORNIA TODD SALIMAN subcommittee, for all their exceptional work: IN THE HOUSE OF REPRESENTATIVES Chief Counsel Ray Smietanka, who has Tuesday, November 19, 2002 worked with me as a chief committee counsel HON. MARK UDALL since I came to the 98th Congress in 1983; Mr. WAXMAN. Mr. Speaker, I rise today to OF COLORADO Susan-Jensen Conklin, whose superb work on pay tribute to the Los Angeles Free Clinic, IN THE HOUSE OF REPRESENTATIVES L.A. Free Clinic, a tremendous and vital health bankruptcy reform got us where we are today; Tuesday, November 19, 2002 Rob Tracci, formerly of the Subcommittee, care resource which is celebrating its 35th an- was an invaluable source of assistance; and niversary this year. The L.A. Free Clinic has Mr. UDALL of Colorado. Mr. Speaker, I rise all the other members of the CAL staff who become a true beacon of light in our ever un- today to honor State Representative Todd have helped this Member of Congress over certain health care system in Los Angeles. It Saliman for his exemplary public service in the the many productive years. I thank them all for is synonymous with quality and accessible Colorado General Assembly from 1995 their work to the Nation and me. health care for the homeless, the uninsured through 2003. I would like to thank him in this To all I have mentioned, and those who I and under-insured, the working poor and run- forum, not only for his service to my state, but have regrettably not, please accept my sincere away and high-risk youth. also for the example he has shown to young thanks for making my tenure in the United The L.A. Free Clinic came into being during people all across America, that public service States House of Representatives a productive the summer of 1967 when a small group of is not contingent on one’s seniority. and pleasant one. Any current Member of volunteers opened a storefront clinic on Fair- A native of Littleton, Colorado, Todd studied Congress or Committee would be well served fax Avenue to serve the thousands of ‘‘flower at the Unversite de Savoie in Chambery, by the high-quality staff with whom it has been children’’ who were living in the streets and France and graduated in 1989 from the Uni- my pleasure to work over these many years. parks that summer. They crowded the clinic versity of Colorado in Boulder. He worked on the U.S. Senate campaign for Josie Heath and f with an array of health issues, and the crowds have been coming ever since. Today, the clin- the Boulder County Field organization in 1990, THE HONORABLE TIM ROEMER ic is a sophisticated but accessible string of the Local Open Space Sales Tax in 1993, the three separate sites serving 100,000 patients Executive Committees of the State and Coun- HON. STEVE BUYER annually. As the longest continuously running ty Democratic parties for many years, and the OF INDIANA free clinic in our Nation, the L.A. Free Clinic Rocky Flats Local Impacts Initiative from 1991 IN THE HOUSE OF REPRESENTATIVES serves as a remarkable model. to 1994. Its mission is to serve as a community- In 1994, Todd was elected to represent Tuesday, November 19, 2002 based clinic which identifies the health care House District 11 in north Boulder and was Mr. BUYER. Mr. Speaker, I rise to show my and social service needs of under-served pop- one of the youngest members in the history of appreciation for the distinguished member ulations. It develops comprehensive resources the Colorado General Assembly. His constitu- from Indiana’s Third District. For the past and quality programs to meet those needs and ents overwhelmingly approved of his service twelve years, Congressman TIM ROEMER has provides the services free of charge and free and returned him to office by over 70% of the served the people of Northcentral Indiana with of judgement in a caring environment. vote in every subsequent election. In the Leg- a steadfast commitment and dedication to The clinic’s most important mission is to islature, he quickly earned the affection and their needs. provide health care to those who can not or respect of his colleagues on both sides of the A Hoosier, born and bred, TIM ROEMER will not receive care elsewhere. The L.A. Free aisle for his intelligence, good judgment, and came to Washington, D.C. to represent the Clinic believes that health and human services keen analysis on a wide range of issues. Todd fundamental Indiana values of strong faith in are a right and not a privilege. was a member of the Joint Budget and Appro- God and an unwavering duty to country and to The clinic offers a wide range of primary priations Committees overseeing the state’s family. As a member of Congress and a father care and specialty care for the entire family. In $13 billion budget. He provided thoughtful and

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A19NO8.055 E19PT1 E2116 CONGRESSIONAL RECORD — Extensions of Remarks November 19, 2002 skilled bipartisan leadership in the areas of Dr. Arciniega’s commitment to improving the art Training Center, and the highly successful budget policy, taxes, health care, higher edu- educational opportunities at CSU Bakersfield Penn’s Landing Caterers, and Mr. Kelly was cation, children’s issues and the environment. was vital to the University being accepted into instrumental in negotiations for a historic gam- He served successfully on such diverse com- the prestigious California State University sys- bling casino enterprise. mittees as Finance, State Affairs, Local Gov- tem in 1987. In 1998 he was successful in He has been recognized for many achieve- ernment and Transportation, and he co- creating a Master’s of Social Work program, ments and held numerous union leadership chaired the Kid’s Caucus. He was valued as meeting a long-time community need. Dr. roles; however, he cherishes most the plaque an experienced voice on substantive policy Arciniega has become a recognized leader received from Local 19’s rank and file mem- issues when working on the Governor’s 1996 among Kern County educators for his involve- bership, which cites him ‘‘. . . for leading the Health Care Task Force and the 1997 Old ment as the chairman of a local teacher edu- Union with Courage, Wisdom, and Tenacity.’’ Age Pension Plan Committee. cation committee, which aims to develop bet- Married to Linda, Tom’s family includes his From 1997 to 1999, I had the good fortune ter teachers for the future. three children, Susan Tympel, Thomas Jr., to be Todd’s junior colleague in the State In addition, Dr. Arciniega has provided a and Kathleen and one grandchild, Lauren House of Representatives. I appreciated boost to the professional development of CSU Tympel. I am quite sure Tom’s entire family is Todd’s generosity and loyalty, his profes- Bakersfield. In 1990, the University hosted its very proud of his numerous accomplishments. sionalism and his code of ethics. He has been first annual Bakersfield Business Conference, It is a privilege to recognize a person whose unswerving in his commitment to policies that which was attended by over 10,000 partici- leadership and commitment to community has serve the environment, the education and the pants. A year later, the Bakersfield Business enriched the lives of countless individuals. I health of people, and principles of integrity Conference drew 12,500 participants. In 2000, ask you and my other distinguished col- and fairness. An important part of his legisla- CSU Bakersfield celebrated its 30th anniver- leagues to join me in commending Mr. Kelly tive focus has been responsible growth man- sary and concluded the year long Cornerstone for his lifetime of service and dedication to agement and environmental preservation. Campaign that raised more than $12 million, Pennsylvania’s First Congressional District. He has been especially effective in his sup- making it the most successful fundraising ef- f port for early intervention and prevention for forts in Kern County history. children at risk of abuse and neglect and for Under Dr. Arciniega’s leadership, CSU Ba- ELIZABETH BELL LAYTON PEEK, improving our public education by reducing kersfield also developed an athletics program MOTHER OF REVEREND V. LON- class size and fully funding public education. that has been successful competing on the NIE PEEK, JR., MEMORIALIZED He has been honored as Legislator of the national level while promoting gender equity. IN DETROIT, MICHIGAN Year by the Colorado Association of Nonprofit In 1993, CSU Bakersfield pledged to achieve Organizations, the American Academy of Pe- gender equity in athletics and in 1998 they HON. JOHN CONYERS, JR. diatrics, the Colorado Behavioral Health Care reached their goal of providing greater oppor- OF MICHIGAN Council, the University of Colorado Health tunities for women student-athletes. The ath- IN THE HOUSE OF REPRESENTATIVES Sciences Center, the Community Health Net- letic program was so successful in the 1997– work, the University of Colorado at Boulder, 1998 school year that they were presented Tuesday, November 19, 2002 the Colorado Social Legislation Committee, with the Sears Cup for the best NCAA Division Mr. CONYERS. Mr. Speaker, on November the Colorado Community Center Boards, and II athletic program in the nation. In addition, 19, 2002, the mother of Reverend V. Lonnie the Sierra Club. Last year, he was honored for the Men’s Basketball team won the NCAA Di- Peek was memorialized at Greater Christ Bap- his distinguished service by the Colorado Chil- vision II National championship in 1993 and tist Church, whose renowned pastor is Rev- dren’s Campaign. During his tenure as an 1994. erend James Perkins. elected official, Todd was also the Develop- Mr. Speaker, I ask my colleagues to join me Mrs. Peek was an activist, writer and deeply ment Director for the People’s Clinic and a today in congratulating Dr. Toma´s Arciniega religious person greatly admired in her com- policy consultant with the Bell Policy Center. for his contributions to the Bakersfield commu- munity and throughout metropolitan Detroit. I ask my colleagues to join with me in ex- nity as the President of California State Uni- She raised and had a strong influence on her pressing our gratitude to Representative versity, Bakersfield for the past 20 years. son, Reverend Peek. Saliman for his example of idealistic public f The following excerpts from her writings service and the many contributions he has capture the style, wit and philosophy of this made to the people of Colorado. My family TRIBUTE TO THOMAS J. KELLY amazing 20th century African American and I wish him, his wife, Michelle, and their woman. We are proud of her contributions and son, Max, good health and happiness in their HON. ROBERT A. BRADY she will be sorely missed. future together. OF PENNSYLVANIA Elizabeth Bell Layton Peek is my name f IN THE HOUSE OF REPRESENTATIVES and I was born on March 27, 1921 in Northport, Alabama as the 7th child of Willie HONORING DR. TOMA´ S ARCINIEGA Tuesday, November 19, 2002 Cunningham Layton and Vonnie Layton. Mr. BRADY of Pennsylvania. Mr. Speaker, I Back then life was simple and strong family rise to honor the accomplishments of my values were the keys that bind us together. HON. CALVIN M. DOOLEY I was the ‘‘twinkle in my father’s eye’’ so I OF CALIFORNIA friend and brother in the labor movement, Mr. Thomas J. Kelly. Mr. Kelly has been honored didn’t have to work the cotton fields, and be- IN THE HOUSE OF REPRESENTATIVES sides I was kind of skinny. So I became by our fellow Philadelphians for his unyielding Tuesday, November 19, 2002 mother’s helper—not in the kitchen . . . my role as a driving force within Philadelphia’s job was ironing the clothes for the family. Mr. DOOLEY of California. Mr. Speaker, I powerful labor movement for over a quarter of Education was a vital part of our life, and rise today to recognize Dr. Toma´s Arciniega, a century. we worked hard to be good students. A very who has served my community for 20 years As a prime example of successful labor good speller, I won the ‘‘Spelling B’’ and fa- as the President of California State University, leadership that exemplifies this ‘‘Union Town’’, ther showed his pride by telling everyone I Bakersfield. During his tenure, Dr. Arciniega he has served as President and Business could pick a bale of cotton faster than any- has played an important role in developing Manager of Sheet Metal Workers’ Local Union one he knew. Daddy died when I was 15. This event forcefully made us not only endure but CSU Bakersfield into an institution that offers 19 from 1979 to 2002. He recently accepted excel at what my father taught us about sur- outstanding educational, professional and ath- an appointment to serve as the General Sec- vival and family. The older children quickly letic programs in the Central Valley. retary-Treasurer of the Sheet Metal Workers’ took on the responsibility of the younger Dr. Toma´s Arciniega has served as the International Association in Washington, D.C. ones—my brother Mack was my provider. President of CSU Bakersfield since 1983. Dur- Mr. Kelly began his apprenticeship with Mack always bought me the best of clothes ing his first year, 3,383 students were enrolled Local 19 in 1965 at the age of 19. He went on and because of his generosity I out-dressed and Arciniega oversaw a $16.7 million budget. to become a business agent and finally was everyone in the family. Since then, the budget has increased to more elected to Local 19’s top position which he I had a special bond with my brother Vonnie, who would sneak me out of the than $60 million and the school annually en- has held for eight consecutive terms. Under house to go dancing; I loved to dance, we rolls more than 7,700 students. During his ten- his stewardship, union membership has grown could really ‘‘cut a rug’’ together. Vonnie ure, 13,568 students have earned bacca- to over 4,000, development has increased with had a friend that I met named Vassie who laureate degrees and 3,692 have earned mas- the construction of the multi-million dollar Ad- played on the football team. Boy, was he ter’s degrees from CSU Bakersfield. ministrative Building, the adjacent state-of-the- something!! Vonnie would help us to see each

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.059 E19PT1 November 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E2117 other, because I was not allowed to date. To this Alabama girl Asbury Park was the les and Lonnie III, of Detroit. Patty has Vassie later became my husband . . . the ‘‘big city.’’ Two of my brothers later joined given me three grandchildren: Chalaze, love of my life. On January 8, 1939 we eloped, us in New Jersey, Vonnie and Mack, and you Charles III and Chavin all of Detroit. Debbie and were married by Vassie’s pastor Rev. know what, I was the only female in my fam- has given me my youngest grandchild Abeni, Harvey. On our wedding night I went back ily to ever leave home. One weekend we de- who lives in Dallas. I am a great grand- home to sleep without Vassie. The word got cided to really do it up big since we were mother of 4: Choree, Chambel, Charli and out the next day and my younger sister Jes- only 45 miles from New York City, we de- Chad-Elizabeth. sie Ray came home and told mother ‘‘Lizzie cided to go to this club called Smalls Para- B (that’s what they called me) had married dise in Harlem. We stayed at the ritzy St. I am blessed. My family and friends truly that gray haired Vassie Peek.’’ He was really Theresa Hotel, and woke up with bed bugs all loves me and I love them. I am loved and something!! over our bodies. pampered in two states. I spend part of the Soon Vassie decided that the only way to After moving to Detroit and applying for year in Detroit under the watchful eye of make a good life for us was to move to De- social security I found out that I was a whole Lonnie and Patty, and the other part in Dal- troit. Vassie started out for Detroit, but year younger than I thought! Throughout las with the boss of the family, Debbie. stopped in Asbury Park, New Jersey to work my married life, Vassie liked to brag about I hope you have enjoyed these little stories temporarily. He immediately joined Mt. being 10 years older than me, but little did of my life. It’s always good to remember our Pisgal Baptist Church and became the surro- he know he was 11 years older. unique link to the past . . . I treasure mine. gate son to two families, the Sims and the I now reside with Lonnie and my ‘‘other The world is moving so rapidly, and I know Griffins. He decided to stay and sent for me daughter’’ Eunice, his wife, who helps me to we must move with it. I am bringing my soon after. get ready and takes me to church with them. ‘‘values’’ with me as I go forward from day- I was a homemaker, who was accused by I am blessed to have had two wonderful to-day. her friends of always staying home ‘‘shaking sons-in-law, the late Chuck Russell, who the pots and pans.’’ My kitchen was the could always make me laugh and Freddy Today I am blessed to have all of you cele- gathering place for all my friends. Everyday Haynes who I love to cheat while playing brate my 80th birthday before I leave for I had a hot meal ready for Vassie—a meat, Chinese checkers. Dallas on tomorrow. Make sure you all give starch, and ‘‘fresh’’ vegetables, along with Lonnie has given me my two oldest grand- me a big hug and at least 80 kisses and pray- hot homemade bread . . . everyday!! children: Monique, who resides in Los Ange- ers!!!

VerDate 0ct<31>2002 05:10 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A19NO8.062 E19PT1 Tuesday, November 19, 2002 Daily Digest

HIGHLIGHTS Senate passed H.R. 5005, Homeland Security Act. Senate agreed to conference report on H.R. 3210, Terrorism Risk Protec- tion Act. Senate passed H.J. Res. 124, Continuing Appropriations. Senate confirmed the nomination of Dennis W. Shedd, of South Carolina, to be United States Circuit Judge for the Fourth Circuit. Senate Savings Plan to be made by participants age 50 or Chamber Action over. (See next issue.) Routine Proceedings, pages S11357–S11404 Measures Passed: Measures Introduced: Ten bills and three resolu- Homeland Security Act: By 90 yeas to 9 nays tions were introduced, as follows: S. 3–5, and S. (Vote No. 249), Senate passed H.R. 5005, to estab- 3173–3179, S. Res. 359–360, and S. Con. Res. 159. lish the Department of Homeland Security, after tak- (See next issue.) ing action on the following amendments proposed Measures Reported: thereto: Pages S11358–S11404 (continued next issue) Report to accompany S. 2480, to amend title 18, Adopted: United States Code, to exempt qualified current and By 73 yeas to 26 nays (Vote No. 247), Thompson former law enforcement officers from state laws pro- (for Gramm) Amendment No. 4901, in the nature hibiting the carrying of concealed handguns. (S. of a substitute. Pages S11358, S11371–73 Rept. No. 107–345) Rejected: S. 2065, to provide for the implementation of air By 47 yeas to 52 nays (Vote No. 245), Daschle quality programs developed pursuant to an Intergov- (for Lieberman) Amendment No. 4953 (to Amend- ernmental Agreement between the Southern Ute In- ment No. 4911), of a perfecting nature. dian Tribes and the State of Colorado concerning Air Pages S11358–71 Quality Control on the Southern Ute Indian Res- Daschle (for Lieberman) Amendment No. 4911 ervation. (S. Rept. No. 107–346) (to Amendment No. 4901), to provide that certain S. 556, to amend the Clean Air Act to reduce provisions of the Act shall not take effect. emissions from electric powerplants, with an amend- Pages S11358, S11371 ment in the nature of a substitute. (S. Rept. No. During consideration of this measure today, Senate 107–347) also took the following actions: S. 2946, to reauthorize the Federal Trade Com- By 69 yeas to 30 nays (Vote No. 246), three-fifths mission for fiscal years 2003, 2004, and 2005. (S. of those Senators duly chosen and sworn, having Rept. No. 107–348) voted in the affirmative, Senate agreed to the motion S. 3070, to authorize appropriations for the Merit to waive section 302(f) of the Congressional Budget Systems Protection Board and the Office of Special Act of 1974, with respect to Thompson (for Gramm) Counsel. (S. Rept. No. 107–349) Amendment No. 4901, listed above. Subsequently, S. 1340, to amend the Indian Land Consolidation the point of order, stating that additional expendi- Act to provide for probate reform with respect to tures contained in the amendment are not provided trust or restricted lands, with an amendment in the for in the budget resolution adopted in 2001 for fis- nature of a substitute. cal years 2002 through 2011 and therefore in viola- S. 1822, to amend title 5, United States Code, to tion of section 302(f) of the Congressional Budget allow certain catchup contributions to the Thrift Act of 1974, failed. Page S11372 D1167

VerDate 0ct 31 2002 06:15 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D19NO2.REC D19NO2 D1168 CONGRESSIONAL RECORD — DAILY DIGEST November 19, 2002 By 83 yeas to 16 nays (Vote No. 248), three-fifths Reid (for Bingaman) Amendment No. 4975, in of those Senators duly chosen and sworn, having the nature of a substitute. (See next issue.) voted in the affirmative, Senate agreed to the motion Wildfire Prevention Act: Senate passed S. 2670, to close further debate on the bill. Pages S11373–74 to establish Institutes to conduct research on the Continuing Appropriations: By 92 yeas to 2 nays prevention of, and restoration from, wildfires in for- (Vote No. 253), Senate passed H.J. Res. 124, mak- est and woodland ecosystems of the interior West, ing further continuing appropriations for the fiscal after agreeing to a committee amendment, and the year 2003, clearing the measure for the President. following amendment proposed thereto: (See next issue.) (See next issue.) Congratulating Former President Jimmy Reid (for Bingaman) Amendment No. 4976, in Carter: Senate agreed to S. Res. 360, congratulating the nature of a substitute. (See next issue.) former President Jimmy Carter for being awarded Alternative Land Selections Under The Alaska the 2002 Nobel Peace Prize, and commending him Native Claims Settlement Act: Senate passed S. for his lifetime of dedication to peace. 2222, to resolve certain conveyances and provide for (See next issue.) alternative land selections under the Alaska Native Oil Region National Heritage Area Act: Senate Claims Settlement Act related to Cape Fox Corpora- passed H.R. 695, to establish the Oil Region Na- tion and Sealaska Corporation, after agreeing to a tional Heritage Area, after agreeing to a committee committee amendment in the nature of a substitute, amendment in the nature of a substitute, and the and the following amendment proposed thereto: following amendment proposed thereto: (See next issue.) (See next issue.) Reid (for Bingaman) Amendment No. 4977, in Reid (for Bingaman) Amendment No. 4970, to the nature of a substitute. (See next issue.) designate additional National Heritage Areas. Fremont-Madison Conveyance Act: Senate passed (See next issue.) S. 2556, to authorize the Secretary of the Interior to Moccasin Bend National Historic Site Establish- convey certain facilities to the Fremont-Madison Irri- ment Act: Senate passed H.R. 980, to establish the gation District in the State of Idaho, after agreeing Moccasin Bend National Archaeological District in to a committee amendment in the nature of a sub- the State of Tennessee as a unit of Chickamauga and stitute, and the following amendment proposed Chattanooga National Military Park, after agreeing thereto: (See next issue.) to a committee amendment in the nature of a sub- Reid (for Bingaman) Amendment No. 4978, in stitute, and the following amendment proposed the nature of a substitute. (See next issue.) thereto: (See next issue.) Alaska Land Conveyance: Senate passed S. 1816, Reid (for Bingaman) Amendment No. 4973, in to provide for the continuation of higher education the nature of a substitute. (See next issue.) through the conveyance of certain public lands in National Historic Trails Studies: Senate passed the State of Alaska to the University of Alaska. H.R. 37, to amend the National Trails System Act (See next issue.) to update the feasibility and suitability studies of 4 national historic trails and provide for possible addi- Mount Nebo Wilderness Boundary Adjustment tions to such trails, after agreeing to a committee Act: Senate passed H.R. 451, to make certain adjust- amendment in the nature of a substitute, and the ments to the boundaries of the Mount Nebo Wilder- following amendment proposed thereto: ness Area, clearing the measure for the President. (See next issue.) (See next issue.) Reid (for Bingaman) Amendment No. 4974, in Illinois Hydroelectric Project Extension: Senate the nature of a substitute. (See next issue.) passed S. 2872, to reinstate and extend the deadline Harmful Nonnative Weed Control Act: Senate for commencement of construction of a hydroelectric passed S. 198, to require the Secretary of the Interior project in the State of Illinois. (See next issue.) to establish a program to provide assistance through Enrollment Correction: Senate agreed to S. Con. States to eligible weed management entities to con- Res. 159, to correct the enrollment of S. 1843. trol or eradicate harmful, nonnative weeds on public (See next issue.) and private land, after agreeing to committee Virgin River Dinosaur Footprint Preserve Act: amendment in the nature of a substitute, and the Senate passed H.R. 2385, to convey certain property following amendment proposed thereto: to the city of St. George, Utah, in order to provide (See next issue.)

VerDate 0ct 31 2002 06:15 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D19NO2.REC D19NO2 November 19, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1169 for the protection and preservation of certain rare pa- study the suitability and feasibility of designating leontological resources on that property, after with- the Waco Mammoth Site Area in Waco, Texas, as drawing the committee amendments. (See next issue.) a unit of the National Park System, clearing the Homestead National Monument of America Ad- measure for the President. (See next issue.) ditions Act: Senate passed H.R. 38, to provide for Vancouver National Historic Reserve Authoriza- additional lands to be included within the bound- tion: Senate passed H.R. 2099, to amend the Omni- aries of the Homestead National Monument of bus Parks and Public Lands Management Act of America in the State of Nebraska, clearing the meas- 1996 to provide adequate funding authorization for ure for the President. (See next issue.) the Vancouver National Historic Reserve, clearing Guam War Claims Review Commission Act: the measure for the President. (See next issue.) Senate passed H.R. 308, to establish the Guam War Virginia Key Beach Park Study: Senate passed Claims Review Commission, clearing the measure for H.R. 2109, to authorize the Secretary of the Interior the President. (See next issue.) to conduct a special resource study of Virginia Key Lease Lot Conveyance Act: Senate passed H.R. Beach Park in Biscayne Bay, Florida, for possible in- 706, to direct the Secretary of the Interior to convey clusion in the National Park System, clearing the certain properties in the vicinity of the Elephant measure for the President. (See next issue.) Butte Reservoir and the Caballo Reservoir, New Mexico, clearing the measure for the President. Lakehaven Utility District Wastewater Project: Senate passed H.R. 2115, to amend the Reclamation (See next issue.) Wastewater and Groundwater Study and Facilities American Samoa Park Adjustments: Senate Act to authorize the Secretary of the Interior to par- passed H.R. 1712, to authorize the Secretary of the ticipate in the design, planning, and construction of Interior to make adjustments to the boundary of the a project to reclaim and reuse wastewater within and National Park of American Samoa to include certain outside of the service area of the Lakehaven Utility portions of the islands of Ofu and Olosega within District, Washington, clearing the measure for the the park, clearing the measure for the President. President. (See next issue.) (See next issue.) Muscle Shoals National Heritage Area Study Buffalo Bayou National Heritage Area Study Act: Senate passed H.R. 1776, to authorize the Sec- Act: Senate passed H.R. 2628, to direct the Secretary retary of the Interior to study the suitability and fea- of the Interior to conduct a study of the suitability sibility of establishing the Buffalo Bayou National and feasibility of establishing the Muscle Shoals Na- Heritage Area in west Houston, Texas, clearing the tional Heritage Area in Alabama, clearing the meas- (See next issue.) measure for the President. (See next issue.) ure for the President. Metacomet-Monadnock-Mattabesett Trail Study Sand Mountain Wilderness Study Area Convey- Act: Senate passed H.R. 1814, to amend the Na- ance: Senate passed H.R. 2818, to authorize the Sec- tional Trails System Act to designate the retary of the Interior to convey certain public land Metacomet-Monadnock-Mattabesett Trail extending within the Sand Mountain Wilderness Study Area in through western Massachusetts and central Con- the State of Idaho to resolve an occupancy encroach- necticut for study for potential addition to the Na- ment dating back to 1971, clearing the measure for tional Trails System, clearing the measure for the the President. (See next issue.) President. (See next issue.) Klamath Basin Emergency Operation and Fallon Rail Freight Loading Facility Transfer Maintenance Refund Act: Senate passed H.R. 2828, Act: Senate passed H.R. 1870, to provide for the sale to authorize payments to certain Klamath Project of certain real property within the Newlands Project water distribution entities for amounts assessed by in Nevada, to the city of Fallon, Nevada, clearing the entities for operation and maintenance of the the measure for the President. (See next issue.) Project’s transferred works for 2001, to authorize re- Pu’uhonua O Honaunau National Historical funds to such entities of amounts collected by the Park Addition Act: Senate passed H.R. 1906, to Bureau of Reclamation for reserved works for 2001, amend the Act that established the Pu’uhonua O clearing the measure for the President. Honaunau National Historical Park to expand the (See next issue.) boundaries of that park, clearing the measure for the Lower Rio Grande Valley Water Resources Con- President. (See next issue.) servation and Improvement Act: Senate passed H.R. Waco Mammoth Site Area Study: Senate passed 2990, to amend the Lower Rio Grande Valley Water H.R. 1925, to direct the Secretary of the Interior to Resources Conservation and Improvement Act of

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2000 to authorize additional projects under that Act, egon a right-of-way to West Butte Road, clearing clearing the measure for the President. the measure for the President. (See next issue.) (See next issue.) Mni Wiconi Rural Water Supply Project: Senate New River Gorge Boundary Act: Senate passed passed H.R. 4638, to reauthorize the Mni Wiconi H.R. 3858, to modify the boundaries of the New Rural Water Supply Project, clearing the measure for River Gorge National River, West Virginia, clearing the President. (See next issue.) the measure for the President. (See next issue.) Endangered Fish Recovery Implementation Pro- Russian River Land Act: Senate passed H.R. grams: Senate passed H.R. 5099, to extend the peri- 3048, to resolve the claims of Cook Inlet Region, ods of authorization for the Secretary of the Interior Inc., to lands adjacent to the Russian River in the to implement capital construction projects associated State of Alaska, clearing the measure for the Presi- with the endangered fish recovery implementation dent. (See next issue.) programs for the Upper Colorado and San Juan California Five Mile Regional Learning Center River Basins, clearing the measure for the President. Transfer Act: Senate passed H.R. 3401, to provide (See next issue.) for the conveyance of Forest Service facilities and Bainbridge Island Japanese-American Memorial lands comprising the Five Mile Regional Learning Study Act: Senate passed H.R. 3747, to direct the Center in the State of California to the Clovis Uni- Secretary of the Interior to conduct a study of the fied School District, to authorize a new special use site commonly known as Eagledale Ferry Dock at permit regarding the continued use of unconveyed Taylor Avenue in the State of Washington for poten- lands comprising the Center, clearing the measure tial inclusion in the National Park System, clearing for the President. (See next issue.) the measure for the President. (See next issue.) Gunn McKay Nature Preserve Act: Senate passed Oregon Hydroelectric Project: Senate passed H.R. H.R. 3909, to designate certain Federal lands in the 5436, to extend the deadline for commencement of State of Utah as the Gunn McKay Nature Preserve, construction of a hydroelectric project in the State of clearing the measure for the President. Oregon, clearing the measure for the President. (See next issue.) (See next issue.) George Washington Birthplace National Monu- Big Sur Wilderness and Conservation Act: ment: Senate passed H.R. 3449, to revise the bound- Senate passed H.R. 4750, to designate certain lands aries of the George Washington Birthplace National in the State of California as components of the Na- Monument, clearing the measure for the President. tional Wilderness Preservation System, clearing the (See next issue.) measure for the President. (See next issue.) Caribbean National Forest Wild and Scenic President John Adams Commemorative Work: Rivers Act: Senate passed H.R. 3954, to designate Senate passed H.J. Res. 117, approving the location certain waterways in the Caribbean National Forest of the commemorative work in the District of Co- in the Commonwealth of Puerto Rico as components lumbia honoring former President John Adams, of the National Wild and Scenic Rivers System, clearing the measure for the President. clearing the measure for the President. (See next issue.) (See next issue.) Central Utah Project Completion Act: Senate Allegheny Portage Railroad National Historic passed H.R. 4129, to amend the Central Utah Site Boundary Revision Act: Senate passed H.R. Project Completion Act to clarify the responsibilities 4682, to revise the boundary of the Allegheny Por- of the Secretary of the Interior with respect to the tage Railroad National Historic Site, clearing the Central Utah Project, to redirect unexpended budget measure for the President. (See next issue.) authority for the Central Utah Project for wastewater Civil War Battlefield Preservation Act: Senate treatment and reuse and other purposes, to provide passed H.R. 5125, to amend the American Battle- for prepayment of repayment contracts for municipal field Protection Act of 1996 to authorize the Sec- and industrial water delivery facilities, and to elimi- retary of the Interior to establish a battlefield acqui- nate a deadline for such prepayment, clearing the sition grant program, clearing the measure for the measure for the President. (See next issue.) President. (See next issue.) Spirit Lake and Twin Lakes Act: Senate passed Oregon Right-of-Way: Senate passed H.R. 4953, H.R. 4874, to direct the Secretary of the Interior to to direct the Secretary of the Interior to grant to disclaim any Federal interest in lands adjacent to Deschutes and Crook Counties in the State of Or-

VerDate 0ct 31 2002 06:15 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D19NO2.REC D19NO2 November 19, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1171 Spirit Lake and Twin Lakes in the State of Idaho re- man) Amendment No. 4971, to concur in the House sulting from possible omission of lands from an amendment with an amendment in the nature of a 1880 survey, clearing the measure for the President. substitute. (See next issue.) (See next issue.) Miami Circle Site Act: Senate concurred in the Cedar Creek and Belle Grove National Histor- amendment of the House to S. 1894, to direct the ical Park Act: Senate passed H.R. 4944, to des- Secretary of the Interior to conduct a special resource ignate the Cedar Creek and Belle Grove National study to determine the national significance of the Historical Park as a unit of the National Park Sys- Miami Circle site in the State of Florida as well as tem, clearing the measure for the President. the suitability and feasibility of its inclusion in the (See next issue.) National Park System as part of Biscayne National Clark County Shooting Range: Committee on Park, with a further Reid (for Bingaman) Amend- Energy and Natural Resources was discharged from ment No. 4972, to concur in the House amendment further consideration of H.R. 2937, to provide for with an amendment in the nature of a substitute. the conveyance of certain public land in Clark Coun- (See next issue.) ty, Nevada, for use as a shooting range, and the bill Grand Teton National Park Land Exchange Act: was then passed, clearing the measure for the Presi- Senate disagreed to the amendment of the House to dent. (See next issue.) S. 1105, to provide for the expeditious completion Ombudsman Reauthorization Act: Senate passed of the acquisition of State of Wyoming lands within S. 606, to provide additional authority to the Office the boundaries of Grand Teton National Park. of Ombudsman of the Environmental Protection (See next issue.) Agency, after agreeing to a committee amendment Timpanogos Interagency Land Exchange Act: in the nature of a substitute. (See next issue.) Senate concurred in the amendment of the House to Public Health Service Act Amendment: Senate S. 1240, to provide for the acquisition of land and passed H.R. 5738, to amend the Public Health Serv- construction of an interagency administrative and ice Act with respect to special diabetes programs for visitor facility at the entrance to American Fork Type I diabetes and Indians, clearing the measure for Canyon, Utah, clearing the measure for the Presi- the President (See next issue.) dent. (See next issue.) Terrorism Risk Protection Act Conference Re- Messages from the President: Senate received the port—Cloture Motion Filed: Pursuant to the order following messages from the President of the United of November 15, 2002, a motion was entered to States: close further debate on the conference report on Transmitting a report documenting The State of H.R. 3210, to ensure the continued financial capac- Small Business at the end of the Twentieth Century; ity of insurers to provide coverage for risks from ter- to the Committee on Small Business and Entrepre- rorism. (See next issue.) neurship. (PM–121) (See next issue.) Terrorism Risk Protection Act Conference Re- Transmitting, pursuant to law, a report entitled port: By 86 yeas to 11 nays (Vote No. 252), Senate Annual Report of the Railroad Retirement Board for agreed to the conference report on H.R. 3210, to en- the fiscal year ended September 30, 2001; to the sure the continued financial capacity of insurers to Committee on Health, Education, Labor, and Pen- provide coverage for risks from terrorism, clearing sions. (PM–122) (See next issue.) the measure for the President. (See next issue.) Nominations Confirmed: Senate confirmed the fol- During consideration of this measure today, Senate lowing nominations: also took the following action: By 55 yeas 44 nays (Vote No. EX. 250), Dennis By 85 yeas to 12 nays (Vote No. 251), three-fifths W. Shedd, of South Carolina, to be United States of those Senators duly chosen and sworn, having Circuit Judge for the Fourth Circuit. (See next issue.) voted in the affirmative, Senate agreed to the motion Carmel Borders, of Kentucky, to be a Member of to close further debate on the conference report. the National Institute for Literacy Advisory Board (See next issue.) for a term of three years. (Prior to this action, Com- Rancho Corral De Tierra Golden Gate National mittee on Health, Education, Labor, and Pensions Recreation Area Boundary Adjustment Act: was discharged from further consideration.) Senate concurred in the amendment of the House to William T. Hiller, of Ohio, to be a Member of S. 941, to revise the boundaries of the Golden Gate the National Institute for Literacy Advisory Board National Recreation Area in the State of California, for a term of one year. (New Position) to extend the term of the advisory commission for Robin Morris, of Georgia, to be a Member of the the recreation area, with a further Reid (for Binga- National Institute for Literacy Advisory Board for a

VerDate 0ct 31 2002 06:15 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D19NO2.REC D19NO2 D1172 CONGRESSIONAL RECORD — DAILY DIGEST November 19, 2002 term of one year. (Prior to this action, Committee 31 Army nominations in the rank of general. on Health, Education, Labor, and Pensions was dis- 1 Navy nomination in the rank of admiral. charged from further consideration.) Routine lists in the Air Force, Army, Navy. Jean Osborn, of Illinois, to be a Member of the (See next issue.) National Institute for Literacy Advisory Board for a Nominations Received: Senate received the fol- term of two years. (New Position) lowing nominations: Mark G. Yudof, of Minnesota, to be a Member of Humberto S. Garcia, of Puerto Rico, to be United the National Institute for Literacy Advisory Board States Attorney for the District of Puerto Rico for for a term of two years. (Prior to this action, Com- the term of four years. mittee on Health, Education, Labor, and Pensions Leonardo M. Rapadas, of Guam, to be United was discharged from further consideration.) States Attorney for the District of Guam and concur- Michael F. Duffy, of the District of Columbia, to rently United States Attorney for the District of be a Member of the Federal Mine Safety and Health Northern Mariana Islands for the term of four years. Review Commission for a term of six years expiring Ellen L. Weintraub, of Maryland, to be a Member August 30, 2006. (Prior to this action, Committee of the Federal Election Commission for a term expir- on Health, Education, Labor, and Pensions was dis- ing April 30, 2007. (See next issue.) charged from further consideration.) Alejandro Modesto Sanchez, of Florida, to be a Messages From the House: (See next issue.) Member of the Federal Retirement Thrift Investment Enrolled Bills Presented: (See next issue.) Board for a term expiring October 11, 2006. (Prior Executive Communications: (See next issue.) to this action, Committee on Governmental Affairs was discharged from further consideration.) Executive Reports of Committees: (See next issue.) Andrew Saul, of New York, to be a Member of Additional Cosponsors: (See next issue.) the Federal Retirement Thrift Investment Board for Statements on Introduced Bills/Resolutions: a term expiring September 25, 2004. (Prior to this (See next issue.) action, Committee on Governmental Affairs was dis- charged from further consideration.) Additional Statements: (See next issue.) Gordon Whiting, of New York, to be a Member Amendments Submitted: (See next issue.) of the Federal Retirement Thrift Investment Board Privilege of the Floor: (See next issue.) for a term expiring September 25, 2006. (Prior to this action, Committee on Governmental Affairs was Record Votes: Nine record votes were taken today. discharged from further consideration.) (Total—253) Pages S11371, S11372, S11373, S11374 William H. Campbell, of Maryland, to be an As- (continued next issue) sistant Secretary of Veterans Affairs (Management). Adjournment: Senate met at 9 a.m., and adjourned (Prior to this action, Committee on Veterans’ Affairs at 12:45 a.m. on Wednesday, November 20, 2002, was discharged from further consideration.) until 10 a.m., on the same day. (For Senate’s pro- Margaret Scarlett, of Wyoming, to be a Member gram, see the remarks of the Acting Majority Leader of the National Museum Services Board for a term in the next issue of the Record). expiring December 6, 2007. (Prior to this action, Committee on Health, Education, Labor, and Pen- Committee Meetings sions was discharged from further consideration.) David Donath, of Vermont, to be a Member of (Committees not listed did not meet) the National Museum Services Board for a term ex- piring December 6, 2004. (Prior to this action, NOMINATIONS Committee on Health, Education, Labor, and Pen- Committee on Armed Services: Committee ordered favor- sions was discharged from further consideration.) ably report the nomination of Arthur James Arthur James Collingsworth, of California, to be Collingsworth, of California, to be a Member of the a Member of the National Security Education Board National Security Education Board, Department of for a term of four years. Defense, and 1,335 military nominations in the Air 51 Air Force nominations in the rank of general. Force, Army, and Navy.

VerDate 0ct 31 2002 06:15 Nov 20, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D19NO2.REC D19NO2 November 19, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1173 House of Representatives S. 2949 to the Committees on Transportation and Chamber Action Infrastructure and Energy and Commerce; S. 2951, Measures Introduced: 5 public bills, H.R. to the Committee on Science; S. 3172 to the Com- 5758–5762, were introduced. Page H9036 mittees on the Budget and Small Business; S. Con. Reports Filed: No reports were filed today. Res. 94, held at the desk; and S. Con. Res. 122 to the Committee on International Relations. Speaker Pro Tempore: Read a letter from the Pages H9032–33 Speaker wherein he appointed Representative Thorn- berry to act as Speaker pro tempore for today. Quorum Calls—Votes: No quorum calls or re- Page H9027 corded votes developed during the proceedings of the House today. Call of the Private Calendar: Agreed to dispense with the call of the Private Calendar. Page H9028 Adjournment: The House met at 12 noon and ad- journed at 1:01 p.m. Meeting Hour—Friday, Nov. 22: Agreed that when the House adjourns today, it adjourn to meet at 11 a.m. on Friday, Nov. 22. Page H9029 Committee Meetings Benjamin Franklin Tercentenary Commission: COMPUTER SECURITY—FEDERAL Read a letter from the Minority Leader wherein he GOVERNMENT announced his appointment of Representatives Bor- Committee on Government Reform: Subcommittee on ski and Fattah to the Benjamin Franklin Tercente- Government Efficiency, Financial Management and nary Commission. Page H9029 Intergovernmental Relations held an oversight hear- Congressional Hunger Fellows Program: The ing on ‘‘Computer Security in the Federal Govern- Chair announced the Speaker’s appointment of Rep- ment: How Do the Agencies Rate?’’ Testimony was resentatives Emerson and Mr. David Weaver, Jr., of heard from Mark A. Forman, Associate Director, In- Lubbock, Texas, to the Board of Trustees of the formation Technology and E-Government, OMB; Congressional Fellows Program for a four year term. Robert Dacey, Director, Information Security, GAO; Page H9029 James B. Lockhart III, Deputy Commissioner and Chief Operating Officer, Social Security, SSA; Ken- Recess: The House recessed at 12:31 p.m. and re- neth M. Mead, Inspector General, Department of convened at 12:45 p.m. Page H9031 Transportation; and a public witness. Return of Official Papers—Hydroelectric Li- f censes in Alaska: Agreed that the Clerk of the House be directed to request the Senate to return COMMITTEE MEETINGS FOR WEDNESDAY, the official papers on S. 1843, to extend certain hy- NOVEMBER 20, 2002 droelectric licenses in the State of Alaska. (Committee meetings are open unless otherwise indicated) Pages H9031–32 Senate Senate Message: Message received from the Senate today appears on page H9028. Committee on the Judiciary: to hold hearings to examine an assessment of the tools needed to fight the financing Referrals: S. 754, to the Committees on Energy and of terrorism, 10 a.m., SD–226. Commerce and the Judiciary; S. 1052, held at the desk; S. 2799, to the Committee on Resources; S. House 2869 to the Committee on Energy and Commerce; No Committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, November 20 11 a.m., Friday, November 22

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Friday: Pro forma session. morning business, Senate will consider any cleared legis- lative and executive business.

Extensions of Remarks, as inserted in this issue

HOUSE Gekas, George W., Pa., E2114 Neal, Richard E., Mass., E2111 Hall, Ralph M., Tex., E2102 Pallone, Frank, Jr., N.J., E2106 Abercrombie, Neil, Hawaii, E2109 Harman, Jane, Calif., E2091 Pelosi, Nancy, Calif., E2092 Berman, Howard L., Calif., E2108 Hobson, David L., Ohio, E2090 Rahall, Nick J., II, W.Va., E2090, E2107 Bono, Mary, Calif., E2114 Horn, Stephen, Calif., E2113 Roemer, Tim, Ind., E2091 Brady, Robert A., Pa., E2116 Johnson, Eddie Bernice, Tex., E2103 Buyer, Steve, Ind., E2115 Lantos, Tom, Calif., E2090, E2106 Rogers, Mike, Mich., E2108 Conyers, John, Jr., Mich., E2116 Larson, John B., Conn., E2089, E2091, E2103 Slaughter, Louise McIntosh, N.Y., E2115 Davis, Danny K., Ill., E2107 McCarthy, Karen, Mo., E2106 Smith, Christopher H., N.J., E2112 DeGette, Diana, Colo., E2105 McCollum, Betty, Minn., E2105 Towns, Edolphus, N.Y., E2111 Dooley, Calvin M., Calif., E2116 Maloney, Carolyn B., N.Y., E2105 Udall, Mark, Colo., E2115 Engel, Eliot L., N.Y., E2105 Matsui, Robert T., Calif., E2089, E2091, E2104 Waxman, Henry A., Calif., E2115 Evans, Lane, Ill., E2107 Millender-McDonald, Juanita, Calif., E2108 Young, Don, Alaska, E2103 Farr, Sam, Calif., E2089, E2092 Miller, George, Calif., E2111

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

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