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

Vol. 147 WASHINGTON, TUESDAY, DECEMBER 4, 2001 No. 166 House of Representatives The House met at 12:30 p.m. tween the Government of the United flict today is simply an extension of f States and the government of that that. great and historic people. As an Amer- As to the question of who is right, MORNING HOUR DEBATES ican, a Christian, and a Hoosier, it is that is simple. Mr. Speaker, it has ever The SPEAKER. Pursuant to the my firm belief now more than ever that been the policy of the United States of order of the House of January 3, 2001, it is my duty to insist that the United America and the people of this country the Chair will now recognize Members States of America never waver in pro- since 1948 that Israel is right, believing from lists submitted by the majority tecting and defending the interests of as I do, as millions of Americans do, and minority leaders for morning hour the State of Israel in its battle for sur- that He will still bless those who bless debates. The Chair will alternate rec- vival in this dangerous part of the Israel, and so we stand with her. ognition between the parties, with each world, and in its efforts now to open A cycle of violence, I reject the term. party limited to not to exceed 30 min- up, as the President’s press secretary When terrorists blow up a school bus or utes, and each Member except the ma- spoke yesterday, of the second front of explode bombs in a mall killing chil- jority leader, the minority leader, or the war on terrorism. dren and innocent men and women, the minority whip limited to not to ex- Mr. Speaker, many of these things this is their aim. When Israel defense ceed 5 minutes. may seem obvious, but many in the forces strike back, as they are at this The Chair recognizes the gentleman media are having a hard time figuring hour and have in the last 24 hours, kill- from Indiana (Mr. PENCE) for 5 min- out who is right in the current conflict ing known terrorists and neutralizing utes. and how to best stop, we are told, the terrorist assets, Mr. Speaker, this is f cycle of violence in order to help the not a cycle of violence; it is Israel per- parties get back to the negotiating forming her own self-defense. ISRAEL ACTING IN SELF-DEFENSE table so they can iron out differences As to returning to negotiations, one Mr. PENCE. Mr. Speaker, I rise today and misunderstandings. While I will might ask what is there left to nego- after a harrowing set of days, explo- say I am the first to admit that I know tiate. Last summer at Camp David sions, fire, innocent civilians running less than most of my colleagues do former Prime Minister Barak offered in panic through the streets; and I do about Israel and its importance to Yasser Arafat virtually everything. not refer to life in America, New York America, let me say what I think this And how did Arafat respond? By City, or in the environs of the Pen- conflict is about and see whether my launching a 9-month guerrilla war cul- tagon on September 11; but I speak of colleagues might agree. minating this weekend, targeting Jerusalem and Israel. I speak of a na- Mr. Speaker, first I want to assert women and children, some of whom tion that in the last week and past sev- that I do not think that there is any- were born in this country, and even in eral days has grievously lost husbands thing current about this conflict. I be- my State of Indiana. No, Yasser Arafat and fathers, wives and mothers, sons lieve it is part of a continuing struggle is not an effective negotiating partner. and daughters, grandsons and grand- being waged by many in the Arab world He is a terrorist, and it is time Amer- daughters to the scourge of political of extremists’ views to do nothing ica stood strongly by Israel and said to terror. other than to destroy the State of Yasser Arafat, it is time that the ter- I rise today humbly to speak of Israel Israel, period. It is the historic aim of rorists and their capabilities are se- and of the precious relationship that many in the terrorist organizations of cured within the Palestinian Authority does and must continue to exist be- Palestine and elsewhere, and the con- or else.

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H8747

. H8748 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Mr. Speaker, the Bible tells us of an- where they stepped up, worked with b 1245 other time when a man of God stood the committee and put in place a pro- It is a country where public worship alone with his servant and hostile gram that is going to allow us to pro- by non-Muslims is banned. The mes- forces were arrayed against him. His vide an extensive benefit for our em- sage that sends to people around the servant was frightened, and so he ployees; but it also, in a time when we world that the trade ministers of all of prayed that God might open the eyes of are concerned about the energy secu- the nations in the world are meeting in his servant, that he would see more of rity of this country, when we are deep- a city, in a country, where public pro- those who are with us than those that ly concerned about the quality of life test will not be allowed, where free are with them. It is my prayer, Mr. in and around our Nation’s capital, and speech is not allowed, where public ex- Speaker, that Israel’s eyes would be when we are watching the problems as- pression is not allowed, where freedom opened, to know that though her en- sociated with increased security every of worship is not allowed, and where emies are ruthless, her friends in this day stack up cars as they are waiting free elections are not allowed, the mes- country and this government are to be inspected coming into our House sage that sends is troubling. It is trou- many, many more. parking lots, this transportation ben- bling because all too often our own f efit is a win for the environment, it is trade minister, Robert Zoellick, has a win for the morale and efficiency of used in the past language to suggest INCREASED TRANSPORTATION employees on the House. It is a win for that those of us who do not support his BENEFIT IS A WIN FOR HOUSE those who want to make sure that Con- free trade agenda, his agenda to weak- EMPLOYEES AND ENVIRONMENT gress leads by example. en environmental standards, to weaken The SPEAKER pro tempore (Mr. I strongly urge that each office look labor standards around the world, CULBERSON). Under the Speaker’s an- anew at this enhanced benefit program those of us who do not support this free nounced policy of January 3, 2001, the to make sure that each eligible em- trade agenda, he implies, are indif- gentleman from Oregon (Mr. ployee takes advantage of it, and in ferent to terrorism. He has questioned BLUMENAUER) is recognized during fact, that each Member of Congress and our patriotism saying, we do not really morning hour debates for 5 minutes. their chief of staff encourage others to share American values if we do not Mr. BLUMENAUER. Mr. Speaker, I take advantage of it, because it is support Fast Track, if we do not sup- came to Congress with the notion that going to be good for them in the long port his trade legislation because, he the Federal Government ought to be a run. We want the program to be a suc- tells us, that is the way to combat ter- better partner with American commu- cess. It is an important step to save rorism around the world: You are ei- nities, local governments, business and money, to save the environment, and ther with us or you are against us. citizens to help promote the livability make Capitol Hill a little more livable. Many of us resent the U.S. Trade Rep- of these communities, to make our resentative questioning our patriotism, families safe, healthy and economi- f claiming we are indifferent to ter- cally secure. rorism because we believe his Fast ANTI-DUMPING LAWS LAST LINE One of the examples of where we Track proposal is not coincident with OF DEFENSE AGAINST UN- could in fact make a difference was American values and does not do the FAIRLY TRADED IMPORTS found upon my arrival here in Wash- right things for our country. ington, D.C. Despite the fact that the The SPEAKER pro tempore. Under Supporters of Fast Track argue that District of Columbia was reputed to the Speaker’s announced policy of Jan- the U.S. is being left behind. They tell have the second worst traffic conges- uary 3, 2001, the gentleman from Ohio us we need Fast Track to increase tion of any metropolitan region in the (Mr. BROWN) is recognized during morn- American exports and provide new jobs country, despite concerns about con- ing hour debates for 5 minutes. for American workers. But this coun- gestion, pollution, a lack of parking Mr. BROWN of Ohio. Mr. Speaker, de- try’s history of flawed trade agree- ments has led to a trade deficit with here on Capitol Hill, the House of Rep- spite the overwhelming passage of a the rest of the world that surges well resentatives provided unlimited free sense of Congress resolution urging the above $350 billion. The 2000 trade def- parking for our employees, but would President to keep U.S. anti-dumping icit is 40 percent higher than the pre- not do anything to help those who laws off of Qatar’s negotiating table, the U.S. Trade Representative, Bob vious record set in 1999. The Depart- wanted to use mass transit and perhaps ment of Labor has reported that be part of the solution, despite the fact Zoellick, did just the opposite after a 410 to 4 vote. NAFTA, and these are very conserv- that we were arguing that the private ative government figures, that NAFTA U.S. officials have signaled that they sector and other governments ought to has caused the loss of 300,000 jobs. step up and try and help their employ- are willing to negotiate on trade dump- The American steel industry is no ees with transit. ing laws that provide safeguards stranger to trade-induced adversity. Mr. Speaker, it took an effort of al- against countries selling products in Thousands of steel workers have lost most 2 years and working with the gen- the U.S. marketplace at below cost. their jobs. Mr. Speaker, 25 companies tlewoman from Maryland (Mrs. The American steel industry, like so have filed for bankruptcy, 16 in the last MORELLA), the gentleman from Michi- many others, relies on anti-dumping year. We import 39 million tons of gan (Mr. EHLERS), the gentleman from laws as their last line of defense steel, double the 16 million tons we im- Maryland (Mr. HOYER), the gentleman against unfairly traded imports. ported only 10 years ago, and steel from Virginia (Mr. MORAN) we were Unfortunately, since the WTO Uru- prices, because of that, are below 1998 able to implement a transit benefit guay Round, the steel industry’s abil- levels. In my home district, steel work- program for the House employees. ity to defend itself against dumping ers from LTV are learning firsthand Mr. Speaker, I am pleased that we has been severely weakened. Now, in that our trade policies put American have moved into a new era of that. We Qatar, a couple of weeks ago, the U.S. workers in jeopardy. LTV terminated have more than tripled the benefit. Trade Representative has remained negotiations with its major union and Starting this month, employees will be open to further weakening the rules on went to bankruptcy court seeking per- able to have a $65 transportation ben- trade dumping, further jeopardizing mission to shut down its steel-making efit for those who do not avail them- American steel, further threatening operations in anticipation of its sale. selves of free parking on Capitol Hill; American jobs. Now 11,000 jobs and the pensions and and starting January 1, they will be Many of us were concerned about health benefits of more than 65,000 re- able to deduct pretax an additional $35 Qatar long before the negotiations tirees and surviving spouses hang in for a $100 transit benefit. began. It is a country that does not the balance. LTV and the rest of the I am extremely grateful, Mr. Speak- allow free elections. It is a country steel industry need Congress’ assist- er, to the leadership of the Committee that does not allow freedom of expres- ance in solving this problem. Fast on Administration under the leadership sion. It is a country where women are Track is not the answer. While our of the gentleman from Ohio (Mr. NEY) treated not much differently from the trade agreements go to great lengths with the gentleman from Maryland way women are treated by the Taliban to protect investors and protect prop- (Mr. HOYER), the ranking member, in Afghanistan. erty rights, these agreements do not December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8749 include enforceable protections for their effort to repudiate everything RECESS workers or for the environment. that President Clinton had done, it is The SPEAKER pro tempore. Pursu- CEOs of multinational corporations not a coincidence that the terror ant to clause 12 of rule I, the Chair de- tell us that globalization stimulates stepped up after the Bush administra- clares the House in recess until 2 p.m. development and allows nations to im- tion sought to increase peace efforts. Accordingly (at 12 o’clock and 53 prove their environmental and labor The mistake, however, would be to minutes p.m.), the House stood in re- record. The truth is, flawed trade say that the terrorism should be al- cess until 2 p.m. agreements cost American jobs, put lowed to have an impact. People who f downward pressure on U.S. wages and argue that the way to end and respond b 1400 working conditions, and erode the abil- to terrorism in the short run is in some ity of government to protect public ways to move towards the policies ad- AFTER RECESS health and to protect the environment. vocated by the terrorists make an The recess having expired, the House If we fail to include these important error. was called to order by the Speaker pro provisions and trade agreements, mul- I am in favor of some change in tempore (Mr. PETRI) at 2 p.m. tinational corporations will continue Israeli policy. I think that the expan- f to dismiss labor and environmental sion of settlements is a grave error. I PRAYER protection as discretionary and wholly think the Mitchell Commission was unnecessary. Global working condi- right on that point. I think there ought The Chaplain, the Reverend Daniel P. tions, global living conditions will con- to be movement towards peace. But if Coughlin, offered the following prayer: tinued to suffer. that movement is seen to have come as Lord God, judge of all and savior of We need to press for U.S. trade policy a result of mass murder, it gives an en- Your people, prepare the hearts and with provisions that protect American couragement to the policy of murder. minds of Your servants that they may workers. We need to press for a U.S. attend to Your Holy Word and be The second question that has to be trade policy with provisions that pro- moved to reconciliation. addressed here is, can Yasser Arafat in tect the American environment. We You alone forgive sin. From You fact put an end to this. People have have experienced an economic slow- alone comes the first movement of said well, in defense of Arafat, even if down, a drop in the stock market. Fast grace which changes human hearts. De- he wanted to put an end to this terror, Track will not solve that problem, it stroy all false images and idols that all he could not do it. Those who make will only make it worse. may come to know You, the one true that argument, and I am skeptical that living God. f anyone really knows the answer, but Be with the Members of the House of ISRAEL MUST DEFEND ITSELF those who make that argument should Representatives on this National Day The SPEAKER pro tempore (Mr. be very clear: That is an attack on the of Reconciliation as they join Members CULBERSON). Under the Speaker’s an- peace process. If in fact Arafat con- of the Senate in solemn assembly to nounced policy of January 3, 2001, the fronts a population so imbued with ha- seek the blessings of Your Divine Prov- gentleman from Massachusetts (Mr. tred for Israel, so opposed to the notion idence for forgiveness, reconciliation, FRANK) is recognized during morning of a genuine peace that could be ac- unity and charity for all people of the hour debates for 5 minutes. ceptable to both sides, that he is pow- United States. Mr. FRANK. Mr. Speaker, at a pro- erless to put an end to this systematic As Members humble themselves in foundly troubling time in the Middle murder campaign, then the prospects prayer before You, may Your healing East, I want to express very strongly for peace are very bleak indeed. Spirit touch profoundly all divided communities across this Nation. Make my complete support for the right of I hope that is not the case. I think us one Nation, truly wise, a symbol of the government of Israel to defend the Israeli government, with the en- equal justice to the world, a responsive itself, its existence as a Nation, and its couragement and support of the U.S. partner, defender of life and friend of people from the systematic campaign Government should continue to probe. But we should be very clear that the the poor. of mass murder that is being inflicted Renewed as Your people, forgiven of so-called defense of Arafat, namely on it. Americans should understand our sins, may this Nation be a sign of that bringing about an end to the ter- that if we take into account the popu- hope to others as You bring peace and ror and bringing about a genuine com- lations of the two countries, the num- goodwill to earth, both now and for- mitment to peace is beyond his capac- ber of victims of blatant terrorism ever. against unarmed civilians in Israel ex- ity or the capacity of any other Pales- Amen. ceeds in the past few months the num- tinian leader is, in fact, a repudiation f ber of tragic deaths suffered here in of the peace process. And in any case, America, and the Israeli government whether that bleak prospect is what THE JOURNAL has every right to respond in a way faces us or not, no one can deny the The SPEAKER pro tempore. The that protects its people. right of the democratically elected Chair has examined the Journal of the I say that, Mr. Speaker, as one who government of Israel to defend its peo- last day’s proceedings and announces was a strong supporter of the peace ple against a systematic campaign of to the House his approval thereof. process that President Clinton encour- mass murder, and no government Pursuant to clause 1, rule I, the Jour- aged the parties in the Middle East to should be asked to divert its attention nal stands approved. undertake. I thought that Prime Min- from that most fundamental task of a f ister Barak, former Prime Minister government, that most fundamental PLEDGE OF ALLEGIANCE Barak, took very creditworthy risks on responsibility of government to protect behalf of peace. I defend the right of its innocent and unarmed citizens from The SPEAKER pro tempore. Will the the Israeli government to support systematic murder; no one should be gentleman from Michigan (Mr. itself, not because peace is an diverted from that. KNOLLENBERG) come forward and lead irrelevancy, but because peace cannot If, in fact, Arafat is sincere and he the House in the Pledge of Allegiance. come in an atmosphere of terror. In has the power, we will see that soon. Mr. KNOLLENBERG led the Pledge fact, we should be very clear that the He will genuinely cooperate in putting of Allegiance as follows: recent terrible, tragic increase in the an end to this campaign. And if not, I pledge allegiance to the Flag of the United States of America, and to the Repub- deaths of innocent people was brought and if the peace process founders be- lic for which it stands, one nation under God, about, in part, by people who are cause of that, since no government can indivisible, with liberty and justice for all. threatened by peace, who do not want be expected to seriously negotiate f to see coexistence of an Israeli and Pal- under the threat of this sort of system- estinian State. It is not an accident atic campaign of terror, then it will be DISPENSING WITH CALL OF that as the Bush administration repu- clear where the responsibility lies, and PRIVATE CALENDAR ON TODAY diated its past mistake of staying out it will not be with the government of Mr. GIBBONS. Mr. Speaker, I ask of the Middle East peace process in Israel. unanimous consent that the call of the H8750 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Private Calendar be dispensed with Today, one in three acres planted by that is just as vital to America’s well- today. our farmers is harvested for export. We being and that is international trade. The SPEAKER pro tempore. Is there can and should do better. The United States has been falling objection to the request of the gen- Trade Promotion Authority is a tool rapidly behind the rest of the world in tleman from Nevada? that can boost the profits of American international trade. I said rapidly be- There was no objection. farmers and make them even more self- hind. There are more than 130 trade f sufficient. If we streamline the trade agreements in effect in the world agreement process that President Bush today, but the United States is party COMMUNICATION FROM THE must follow, we will have increased to just three. CLERK OF THE HOUSE competition, economic efficiency, and For the world’s most open society, The SPEAKER pro tempore laid be- greater markets for our farm products. the U.S., which should be leading the fore the House the following commu- As the key player on the world stage, charge to open up other countries to nication from the Clerk of the House of we should give President Bush our vote our products, this is a sorry state of af- Representatives: of confidence to promote trade without fairs. OFFICE OF THE CLERK, excessive barriers. We have a chance on Thursday to re- HOUSE OF REPRESENTATIVES, I believe in the American farmer, and claim the mantle of leadership by pass- Washington, DC, December 3, 2001. I trust President Bush. I urge my col- ing TPA. When we do, the exports will Hon. J. DENNIS HASTERT, leagues to allow the President to cre- go abroad; and the high paying jobs The Speaker, House of Representatives, ate more markets for American grains will stay here. Washington, DC. and products by granting Trade Pro- I urge all my colleagues to support DEAR MR. SPEAKER: Pursuant to the per- mission granted in Clause 2(h) of Rule II of motion Authority. TPA. the Rules of the U.S. House of Representa- f f tives, the Clerk received the following mes- TERRORIST ATTACKS AGAINST sage from the Secretary of the Senate on De- cember 3, 2001 at 10:34 a.m. ISRAEL RECOGNITION OF THE ROLE That the Senate passed without amend- (Mr. LANTOS asked and was given WOMEN PLAYED IN THE TRAG- ment H.R. 1766. permission to address the House for 1 EDY OF SEPTEMBER 11 That the Senate passed without amend- minute and to revise and extend his re- (Mrs. CHRISTENSEN asked and was ment H.R. 2261. marks.) given permission to address the House That the Senate passed without amend- ment H.R. 2454. Mr. LANTOS. Mr. Speaker, today the for 1 minute.) That the Senate passed without amend- gentleman from Illinois (Mr. HYDE), Mrs. CHRISTENSEN. Mr. Speaker, ment H.J. Res. 71. the distinguished chairman of the today I join the other members of the With best wishes, I am House Committee on International Re- Caucus of Women’s Issues at a lunch- Sincerely, lations, and I will introduce a resolu- eon to honor women at Ground Zero. JEFF TRANDAHL, tion that categorically condemns this To look at the media reporting, we Clerk of the House. week’s outrageous terrorist strikes believe that all who responded were f against the State of Israel and Israeli men; but as was the case, there was a COMMUNICATION FROM STAFF people. need, and the women were there were, MEMBER OF THE HONORABLE In the attacks of September 11, our firefighters, police officers, construc- JOHN CONYERS, JR., MEMBER OF Nation suffered the loss of over 3,000 in- tion workers, emergency medical per- CONGRESS nocent men, women, and children. sonnel, doctors, nurses and others, put- Since that fateful day, our ally Israel ting their lives on the line and in some The SPEAKER pro tempore laid be- has suffered a comparable loss. With 6 cases giving their lives. fore the House the following commu- million citizens compared to our 280 I want to thank the co-chairs, the nication from Deanna Maher, congres- million, Israel’s 60 victims since Sep- gentlewoman from Illinois (Mrs. sional aide to the Honorable JOHN CON- tember equates to over 2,700 American BIGGERT) and the gentlewoman from YERS, Jr., Member of Congress: victims. Nearly half this number per- California (Ms. MILLENDER-MCDONALD), HOUSE OF REPRESENTATIVES, ished in a span of just 14 hours this for having the NOW legal defense and Washington, DC, October 11, 2001 past weekend. education fund, and Lieutenant Brenda Hon. J. DENNIS HASTERT, Mr. Speaker, the United States is Speaker, House of Representatives, Berkman there to tell the story of the Washington, DC. currently targeting regimes that har- brave and selfless women who were DEAR MR. SPEAKER: This is to notify you bor terrorists, as well as terrorists there with the men to respond in our formally, pursuant to Rule VIII of the Rules themselves. Israel must also target the country’s tragic hour of need. of the House of Representatives, that I have terrorists’ protectors. The Palestinian The story brought a tear to many an been served with a subpoena for production Authority bears full responsibility for eye, male and female, not just because of documents issued by the Washtenaw Coun- the attacks of December 1 and 2, just of the stories the women told, and they ty Circuit Court. as the Taliban bears full responsibility were powerful, but also because once After consultation with the Office of Gen- for the attacks of September 11. eral Counsel, I have determined that compli- again women were invisible, in the ance with the subpoena is consistent with I urge all of our colleagues to join media, in the new recruits, also in the the privileges and rights of the House. the gentleman from Illinois (Mr. HYDE) recovery planning; and this is America, Sincerely, and me in this resolution expressing not Afghanistan. DEANNA MAHER, solidarity with the people of Israel. This is a potent reminder that Congressional Aide. f women even here are still underrep- resented at high levels of business and f VOTING FOR TRADE PROMOTION politics and that we are underpaid and PASSAGE OF TRADE PROMOTION AUTHORITY AUTHORITY have less opportunity. (Mr. KNOLLENBERG asked and was As we put our country back on the (Mr. RYUN of Kansas asked and was given permission to address the House road to recovery, let us not get back to given permission to address the House for 1 minute and to revise and extend normal. Let us get better. for 1 minute and to revise and extend his remarks.) his remarks.) Mr. KNOLLENBERG. Mr. Speaker, f Mr. RYUN of Kansas. Mr. Speaker, in when we vote in 2 days on Trade Pro- my home State of Kansas, family farms motion Authority, nothing less than HALT STORAGE OF NUCLEAR are no longer able to make ends meet. American leadership in the world is at WASTE AT YUCCA MOUNTAIN Farmers tell me it is crucial that we stake. (Mr. GIBBONS asked and was given expand markets for their products now As we lead the world in an effort to permission to address the House for 1 or they will not be in business in 10 eradicate terrorism, we risk abdicating minute and to revise and extend his re- years. our position of leadership in an area marks.) December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8751 Mr. GIBBONS. Mr. Speaker, here we again, Mr. Speaker, scores of young To the Congress of the United States: go again. The General Accounting Of- people, their lives ended by the violent As required by section 204(c) of the fice, a nonpartisan congressional inves- hatred of terrorism. We saw this on our International Emergency Economic tigative agency, is calling on the Presi- own soil on September 11, and we saw Powers Act, 50 U.S.C. 1703(c), and sec- dent and the Department of Energy to it again this past weekend in Israel. tion 401(c) of the National Emergencies indefinitely postpone its decision on Mr. Speaker, September 11, while Act, 50 U.S.C. 1641(c), I transmit here- whether to build a huge permanent devastating for us, also gave us a sense with a 6-month periodic report on the centralized waste storage site at Yucca for what our friends in Israel have been national emergency with respect to the Mountain, Nevada. dealing with for decades; but beyond proliferation of weapons of mass de- The GAO report calls the plan to our new understanding of Israeli suf- struction that was declared in Execu- bury waste at Yucca Mountain a failed fering, September 11 also gave us a new tive Order 12938 of November 14, 1994. scientific process, echoing the concern responsibility, to support Israel’s own GEORGE W. BUSH. I and my fellow Nevadans have ex- war on terrorism. THE WHITE HOUSE, December 4, 2001. pressed for years. I applaud President Bush and the re- f Yet the report goes on further; it cent comments from Secretary of ANNOUNCEMENT BY THE SPEAKER warns that the plans the DOE has been State Colin Powell. They have recog- PRO TEMPORE showing to Congress and Nevadans may nized that Israel has a right and a re- The SPEAKER pro tempore. Pursu- not describe the facilities that DOE sponsibility to defend itself. ant to clause 8 of rule XX, the Chair would actually develop. Mr. Speaker, I ask my colleagues in announces that he will postpone fur- Mr. Speaker, it is obvious that the Congress and the American people to ther proceedings today on each motion plan to bury nuclear waste at Yucca support our friends in Israel as they to suspend the rules on which a re- Mountain has not only been an obscene struggle for peace and security. corded vote or the yeas and nays are waste of taxpayer money but also a f ordered, or on which the vote is ob- huge conspiracy to misrepresent the jected to under clause 6 of rule XX. facts and deceive the American public. MESSAGES FROM THE PRESIDENT Any record votes on postponed ques- It is time for the DOE to tell the Messages in writing from the Presi- tions will be taken after debate has truth. Storing nuclear waste at Yucca dent of the United States were commu- concluded on all motions to suspend Mountain is not a safe plan, and I call nicated to the House by Ms. Wanda the rules, but not before 7 p.m. today. upon my colleagues in the Congress to Evans, one of his secretaries. f protect the American people and halt Yucca Mountain. f RECOGNIZING RADIO FREE EU- ROPE/RADIO LIBERTY’S SUCCESS f PERIODIC REPORT ON NATIONAL EMERGENCIES WITH RESPECT IN PROMOTING DEMOCRACY SUPPORT TRADE PROMOTION TO YUGOSLAVIA AND KOSOVO— Mr. LEACH. Mr. Speaker, I move to AUTHORITY MESSAGE FROM THE PRESIDENT suspend the rules and agree to the con- (Mrs. BIGGERT asked and was given OF THE UNITED STATES (H. DOC. current resolution (H. Con. Res. 242) permission to address the House for 1 NO. 107–154) recognizing Radio Free Europe/Radio minute and to revise and extend her re- The SPEAKER pro tempore laid be- Liberty’s success in promoting democ- marks.) fore the House the following message racy and its continuing contribution to Mrs. BIGGERT. Mr. Speaker, we hear United States national interests. from the President of the United many reasons why this House should The Clerk read as follows: States; which was read and, together pass legislation to renew Trade Pro- H. CON. RES. 242 with the accompanying papers, without motion Authority. Today, I rise on be- objection, referred to the Committee Whereas on May 1, 1951, Radio Free Europe half of working American families who inaugurated its full schedule of broadcast on International Relations and ordered need TPA. services to the people of Eastern Europe and, American families in the bottom 20 to be printed: subsequently, Radio Liberty initiated its percent of the income scale spend 52 To the Congress of the United States: broadcast services to the peoples of the So- percent of their after-tax income on As required by section 401(c) of the viet Union on March 1, 1953, just before the death of Stalin; food and clothing. Unfortunately for National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the Inter- Whereas now fifty years later, Radio Free these hard-working families, food and Europe/Radio Liberty (RFE/RL, Inc.) con- clothing are the most heavily taxed in- national Emergency Economic Powers tinues to promote democracy and human come sectors, accounting for more than Act, 50 U.S.C. 1703(c), I transmit here- rights and serve United States national in- half of U.S. import taxes. with a combined 6-month periodic re- terests by fulfilling its mission ‘‘to promote In fact, the average American family port on the national emergencies de- democratic values and institutions by dis- of four pays $1,100 every year because clared with respect to the Federal Re- seminating factual information and ideas’’; of import taxes. Talk about regressive public of Yugoslavia (Serbia and Mon- Whereas Radio Free Europe and Radio Lib- erty were established in the darkest days of taxation. Families struggling to make tenegro) in Executive Order 12808 on May 30, 1992, and Kosovo in Executive the cold war as a substitute for the free ends meet are disproportionately hit media which no longer existed in the com- by import taxes at the same time our Order 13088 on June 9, 1998. munist-dominated countries of Central and trade negotiators sit on the sidelines, GEORGE W. BUSH. Eastern Europe and the Soviet Union; lacking authority to make the deals THE WHITE HOUSE, December 4, 2001. Whereas Radio Free Europe and Radio Lib- needed to eliminate these taxes. f erty developed a unique form of inter- Passing TPA will help working fami- national broadcasting known as surrogate PERIODIC REPORT ON NATIONAL lies. Let us pass H.R. 3005 and give broadcasting by airing local news about the EMERGENCY WITH RESPECT TO countries to which they broadcast as well as them a break. PROLIFERATION OF WEAPONS providing regional and international news, f OF MASS DESTRUCTION—MES- thus preventing the communist governments SUPPORTING ISRAEL’S WAR ON SAGE FROM THE PRESIDENT OF from establishing a monopoly on the dis- TERRORISM THE UNITED STATES (H. DOC. semination of information and providing an alternative to the state-controlled, party (Mr. FERGUSON asked and was NO. 107–155) dominated domestic media; given permission to address the House The SPEAKER pro tempore laid be- Whereas the broadcast of uncensored news for 1 minute and to revise and extend fore the House the following message and information by Radio Free Europe and his remarks.) from the President of the United Radio Liberty was a critical element con- Mr. FERGUSON. Mr. Speaker, the States; which was read and, together tributing to the collapse of the totalitarian communist governments of Central and scene is one that we know all too well: with the accompanying papers, without Eastern Europe and the Soviet Union; mindless terrorists attacking the objection, referred to the Committee Whereas since the fall of the Iron Curtain, young and the innocent, fleeing civil- on International Relations and ordered RFE/RL has continued to inform and there- ians with terror in their eyes, and once to be printed: fore strengthen democratic forces in Central H8752 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Europe and the countries of the former So- Res. 242, the concurrent resolution Europe and Radio Liberty stand as viet Union, and has contributed to the devel- under consideration. shining examples of the power of Amer- opment of a new generation of political and The SPEAKER pro tempore (Mr. ican democratic values and the poten- economic leaders who have worked to PETRI). Is there objection to the re- tial of public diplomacy to advance strengthen civil society, free market econo- mies, and democratic government institu- quest of the gentleman from Iowa? United States national interests. tions; There was no objection. Since the founding of Radio Free Eu- Whereas United States Government fund- Mr. LEACH. Mr. Speaker, I yield my- rope a half a century ago and the ing established and continues to support self such time as I may consume, and founding of Radio Liberty 48 years ago, international broadcasting, including RFE/ simply stress that this resolution rec- these two broadcasting services have RL, and this funding is among the most use- ognizes 50 years of outstanding broad- provided people around the world with ful and effective in promoting and enhancing casts by Radio Free Europe/Radio Lib- hope and support in their struggle the Nation’s national security over the past erty. against repression. During the Cold half century; Earlier this year, we celebrated the War, Mr. Speaker, Radio Free Europe/ Whereas RFE/RL has successfully Radio Liberty responded to the downsized in response to legislative mandate one-half century of service of Radio and adapted its programming to the chang- Free Europe/Radio Liberty, and now we yearnings of those people who were suf- ing international broadcast environment in bring before this House a resolution to fering under the yoke of Communism order to serve a broad spectrum of target au- memorialize this occasion: Today, and the Soviet Union in Eastern Eu- diences—people living in fledgling democ- RFE/RL continues its mission to pro- rope. Since the fall of the Berlin Wall, racies where private media are still weak mote democratic values and institu- the two broadcasting services have and do not enjoy full editorial independence, tions by disseminating factual infor- adapted their missions, reformed their transitional societies where democratic in- mation and ideas, thus expressing the institutions, and extended their reach stitutions and practices are poorly devel- to Iraq, Iran, Afghanistan, and beyond. oped, as well as countries which still have idealism of the American experience. As we face the war against terrorism As a young man in occupied Hungary tightly controlled state media; during the Second World War, I recall Whereas RFE/RL continues to provide ob- and continued suppression of free jective news, analysis, and discussion of do- media in many countries, it is clear the inspirational and liberating broad- mestic and regional issues crucial to demo- that there remains a compelling mis- casts of the BBC, and I can testify per- cratic and free-market transformations in sion for U.S. support of international sonally to the dramatic effect those emerging democracies as well as strength- broadcasting to provide factual infor- radio programs had in providing hope ening civil society in these areas; mation about world events and events to people denied basic information. Whereas RFE/RL broadcasts seek to com- within a given country. Unlike the dictators whom we resist, bat ethnic, racial, and religious intolerance we have truth on our side. Democracy and promote mutual understanding among The resolution before us recognizes the work of the broadcasters, the edi- and the market economy are destined peoples; to prevail. To hasten this state, we Whereas RFE/RL provides a model for local tors, the journalists, and the managers media, assists in training to encourage of RFE/RL, who see their work not just must promote aggressively our values media professionalism and independence, and as a job but as a mission. Daily, they by all means of communication avail- develops partnerships with local media out- bring hope to people who do not have able to us. Radio Free Europe and lets in emerging democracies; access to fair and independent media. Radio Liberty are among the most ef- Whereas RFE/RL is a unique broadcasting I urge my colleagues to support this fective tools in our public diplomacy institution long regarded by its audience as toolbox, and they deserve our contin- an alternative national media that provides resolution to formally recognize the work and successes of Radio Free Eu- ued and strong support. both credibility and security for local jour- I commend Radio Free Europe and rope/Radio Liberty and our support for nalists who work as its stringers and editors Radio Liberty on 50 years of distin- their ongoing work to promote demo- in the broadcast region; and guished service to our Nation, and I Whereas RFE/RL fosters closer relations cratic values around the world. ask all of my colleagues to join me in between the United States and other demo- Before reserving the balance of my wishing this great organization many cratic states, and the states of Central Eu- time, let me just say I am particularly more years of success by supporting rope and the former Soviet republics: Now appreciative of the work of the gen- therefore be it this resolution. tleman from Illinois (Mr. HYDE), the Resolved by the House of Representatives (the Mr. Speaker, I yield back the balance Senate concurring), That the Congress— gentleman from California (Mr. LAN- of my time. (1) congratulates the editors, journalists, TOS), the gentleman from California Mr. LEACH. Mr. Speaker, I yield my- and managers of Radio Free Europe/Radio (Mr. BERMAN), the gentleman from New self such time as I may consume to just Liberty on a half century of effort in pro- Jersey (Mr. SMITH), and the gentleman again compliment the gentleman from moting democratic values, and particularly from California (Mr. ROYCE), and so California (Mr. LANTOS), whose visions their contribution to promoting freedom of many others for their strong support of the press and freedom of expression in areas on these issues have been nothing less public diplomacy of the United States. than extraordinary. of the world where such liberties have been Mr. Speaker, I reserve the balance of denied or are not yet fully institutionalized; Mr. GILMAN. Mr. Speaker, I would like to and my time. voice my ardent support for H. Con. Res. 242, (2) recognizes the major contribution of Mr. LANTOS. Mr. Speaker, I yield which congratulates Radio Free Europe/Radio Radio Free Europe/Radio Liberty to the myself such time as I may consume, Liberty for its half century of work in promoting growth of democracy throughout the world and I would like to add to that good democratic values, and recognizes the organi- and its continuing efforts to advance the list of names the gentleman just re- zation’s contribution to the growth of democ- vital national interests of the United States cited the name of my dear friend, the racy throughout the world, as we strive toward in building a world community that is more gentleman from California (Mr. creating a world of free democratic states liv- peaceful, democratic, free, and stable. LEACH), who has made such enormous ing in peace with one another. The SPEAKER pro tempore. Pursu- contributions to this issue and to all One of the most effective, efficient ways to ant to the rule, the gentleman from other issues before our committee. promote the growth of democratic institutions Iowa (Mr. LEACH) and the gentleman Mr. Speaker, I rise in strong support on every continent is for Americans to commu- from California (Mr. LANTOS) each will of this resolution. I was pleased to join nicate directly with people in other countries. control 20 minutes. the gentleman from Illinois (Mr. HYDE) For 50 years, Radio Free Europe/Radio Lib- The Chair recognizes the gentleman in introducing this important resolu- erty has continued to broadcast daily news, from Iowa (Mr. LEACH). tion, Mr. Speaker, and I commend the analysis, and current affairs programming in a chairman for his initiative. coherent, objective manner throughout the b 1415 As the United States mounts an in- world. Radio Free Europe/Radio Liberty pro- GENERAL LEAVE tensive public diplomacy campaign in grams continue to provide 35 million listeners Mr. LEACH. Mr. Speaker, I ask unan- the Middle East in support of our war with balanced, reliable information, aimed at imous consent that all Members may on terrorism, it is critical that we re- bolstering democratic development and market have 5 legislative days within which to flect on our Nation’s past success in economies in countries where peaceful evo- revise and extend their remarks and in- amplifying American values around the lution to civil societies is of vital national inter- clude extraneous material on H. Con. globe through the airwaves. Radio Free est to the United States. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8753 With the advent of the war on terrorism, it GENERAL LEAVE American people may offer. George becomes vital that Radio Free Europe/Radio Mr. LEACH. Mr. Speaker, I ask unan- Shultz was a brilliant Secretary of Liberty continues to demonstrate to other soci- imous consent that all Members may State and he guided the United States eties how having the freedom to live and do have 5 legislative days within which to through a most critical time in our Na- business creates a dynamic economy and a revise and extend their remarks and in- tion’s history. vibrant society. Explaining the value of free- clude extraneous matter on H.R. 3348, I was a member of the Committee on dom by directly communicating with the gen- the bill under consideration. International Relations during Sec- eral population of other countries and their The SPEAKER pro tempore. Is there retary Shultz’s entire tenure, and I power elites is the best example of public di- objection to the request of the gen- have the highest regard for him both plomacy. tleman from Iowa? professionally and personally. After Mr. LEACH. Mr. Speaker, I yield There was no objection. leaving Washington, Secretary Shultz back the balance of my time. Mr. LEACH. Mr. Speaker, I yield my- made the wise decision to return to my The SPEAKER pro tempore. The self such time as I may consume, and area of the country, the San Francisco question is on the motion offered by let me welcome this opportunity to Bay area, and I have been delighted to the gentleman from Iowa (Mr. LEACH) bring H.R. 3348 to the House floor. The claim him both as a constituent and as that the House suspend the rules and bill designates the National Foreign a friend. agree to the concurrent resolution, H. Affairs Training Center after a distin- George Shultz is proud of his Prince- Con. Res. 242. guished American, George Shultz. ton and Marine Corps background, and The question was taken. Mr. Shultz, among his many achieve- he has provided a quality of integrity The SPEAKER pro tempore. In the ments, was responsible for creation of and intelligence and commitment to opinion of the Chair, two-thirds of the new Foreign Service training facil- public service which is truly extraor- those present have voted in the affirm- ity established in Arlington, Virginia. dinary. He may have left the govern- ative. He undertook the difficult task of con- ment and moved away from Wash- Mr. LANTOS. Mr. Speaker, on that I vincing Congress that the funding of ington, but George continues to be ac- demand the yeas and nays. the new campus would be an invest- tively engaged in our foreign policy The yeas and nays were ordered. ment in the future of our foreign af- The SPEAKER pro tempore. Pursu- and committed to strengthening and fairs community. In 1993, the profes- supporting the Department of State ant to clause 8 of rule XX and the sional and modern facilities opened as Chair’s prior announcement, further and the men and women who work the National Foreign Affairs Training there. I think it is more than fitting proceedings on this motion will be Center. postponed. that this great institution that he Secretary Shultz has a strong belief worked so hard to establish, that he f that the Nation should have a perma- has been so dedicated to, should bear GEORGE P. SHULTZ NATIONAL nent home for training U.S. Govern- his name. FOREIGN AFFAIRS TRAINING ment officials that serve overseas. The Foreign Service Institute was CENTER Since 1947, the State Department has originally created in 1943, and it pro- Mr. LEACH. Mr. Speaker, I move to operated an in-service training facility, vides training to the State Department suspend the rules and pass the bill but by the late 1980s, it was apparent and 43 other Federal agencies, pro- (H.R. 3348) to designate the National that there was a need for expanded viding instruction to over 30,000 U.S. Foreign Affairs Training Center as the course offerings and a larger facility to Government employees every year in 63 George P. Shultz National Foreign Af- accommodate the increased number of foreign languages as well as in courses fairs Training Center. participants. Secretary Shultz success- on management, leadership, diplo- The Clerk read as follows: fully pursued his goal to have a first- macy, security, economics, and other H.R. 3348 rate training facility established, valuable skills and subjects. Be it enacted by the Senate and House of Rep- which today has an enrollment of ap- Secretary Shultz was instrumental in resentatives of the United States of America in proximately 30,000 a year. obtaining the land and the funding to Congress assembled, As thrice a graduate of courses at the move the Institute to its current home SECTION 1. DESIGNATION OF THE GEORGE P. old Foreign Service Institute, it is an on a 72-acre plot at the National For- SHULTZ NATIONAL FOREIGN AF- honor to bring this bill before the eign Affairs Training Center in Arling- FAIRS TRAINING CENTER. House. As a longtime admirer of the ton, Virginia. I am indeed proud to be (a) IN GENERAL.— public service of Secretary Shultz, it is (1) Section 701(a) of the Foreign Service a cosponsor of this bill to designate the Act of 1980 (22 U.S.C. 4021(a)) is amended by a particular honor to help bring his vi- National Foreign Affairs Training In- adding at the end the following: ‘‘The insti- sion to reality. stitute as the George P. Shultz Na- tution shall be designated the ‘George P. I would urge strong support for this tional Foreign Affairs Training Center. Shultz National Foreign Affairs Training resolution and again would commend I thank the chairman and the gen- Center’ ’’. my good friend, the gentleman from tleman from Iowa (Mr. LEACH) for their (2) Any reference in any provision of law to California (Mr. LANTOS), for his support leadership on this issue. I urge all of the National Foreign Affairs Training Center for this initiative. or the Foreign Service Institute shall be con- my colleagues to support this bill. Mr. Speaker, I reserve the balance of Mr. Speaker, I yield back the balance sidered to be a reference to the George P. my time. Shultz National Foreign Affairs Training of my time. Center. Mr. LANTOS. Mr. Speaker, I yield Mr. LEACH. Mr. Speaker, I yield 5 (b) CONFORMING AMENDMENTS.— myself such time as I may consume. minutes to the gentleman from Cali- (1) Section 53 of the State Department And let me just say at the outset that fornia (Mr. ROYCE). Basic Authorities Act of 1956 (22 U.S.C. 2725) one of the many reasons why the con- is amended— tributions of the gentleman from Iowa b 1430 (A) in the section heading by inserting (Mr. LEACH) to the work of this body Mr. ROYCE. Mr. Speaker, I thank the ‘‘GEORGE P. SHULTZ’’ after ‘‘THE’’; and and to the Committee on International gentleman for yielding me this time. (B) by inserting ‘‘George P. Shultz’’ after ‘‘use of the’’. Relations is of such high quality is be- Mr. Speaker, I think that it is indeed (2) Section 708(a) of the Foreign Service cause of his earlier service as a mem- proper that the many achievements of Act of 1980 (22 U.S.C. 4028(a)) is amended by ber of our Foreign Service. He exempli- George P. Shultz be recognized by the inserting ‘‘George P. Shultz’’ after ‘‘director fies the extraordinary talent of our dip- naming of this new National Foreign of the’’. lomatic corps, and I want to commend Affairs Training Center after Mr. The SPEAKER pro tempore. Pursu- him for bringing this legislation to our Shultz. ant to the rule, the gentleman from attention. As well as commending the gen- Iowa (Mr. LEACH) and the gentleman Mr. Speaker, I am delighted to co- tleman from Iowa (Mr. LEACH) for the from California (Mr. LANTOS) each will sponsor this bill with the gentleman gentleman’s efforts, I also commend control 20 minutes. from Illinois (Mr. HYDE) because Sec- the ranking member, the gentleman The Chair recognizes the gentleman retary George Shultz deserves all the from California (Mr. LANTOS), for the from Iowa (Mr. LEACH). recognition that this Congress and the bill that he brought up prior to this H8754 CONGRESSIONAL RECORD — HOUSE December 4, 2001 measure, and take a moment, if I Afghanistan faces, it is clear to those The yeas and nays were ordered. could, to speak about the importance that are on the ground that a credible The SPEAKER pro tempore. Pursu- of commemorating the 50th anniver- and effective media will not emerge ant to clause 8 of rule XX and the sary of Radio Free Europe and Radio any time soon. This legislation will Chair’s prior announcement, further Liberty. provide for 12 hours of broadcasting a proceedings on this motion will be I think it is important that we re- day in the two major dialects of Af- postponed. member within 10 minutes of the estab- ghanistan, and that is vital to the f lishment of Radio Free Europe, the So- peace and stability in that country. viets were already attempting in 1951 The bill awaits action by the other HUNGER TO HARVEST: DECADE OF to jamb those broadcasts, and yet body. Radio Free Europe has been SUPPORT FOR SUB-SAHARAN AF- those broadcasts got through. What Jo- heard by individuals with a message of RICA RESOLUTION seph Stalin was afraid of was what was hope and freedom for the past 50 years, Mr. LEACH. Mr. Speaker, I move to being told over the air waves. He was and I commend Radio Free Europe and suspend the rules and agree to the reso- afraid of the truth; Radio Free Europe/ Radio Liberty on their anniversary. lution (H. Con. Res. 102) relating to ef- Radio Liberty developed a rather Mr. Speaker, I wanted to speak on forts to reduce hunger in sub-Saharan unique form of international broad- behalf of the measure of the gentleman Africa, as amended. casting. We call that today surrogate from California (Mr. LANTOS), and also The Clerk read as follows: speak on the appropriate resolution radio, airing local news about the H. CON. RES. 102 countries to which they broadcast, op- today for a very distinguished Amer- ican, George P. Shultz, and to thank Resolved by the House of Representatives (the erating as if they had a free and vi- Senate concurring), brant press. the gentleman from Iowa (Mr. LEACH) for bringing that resolution to the SECTION 1. SHORT TITLE. During the Cold War, these radios This concurrent resolution may be cited as brought the news of the Hungarian rev- floor. Mr. LEACH. Mr. Speaker, I yield my- the ‘‘Hunger to Harvest: Decade of Support olution of 1956, the Prague uprising of for Sub-Saharan Africa Resolution’’. self such time as I may consume. 1968, and most importantly, the rise of SEC. 2. FINDINGS. the solidarity movement in Poland. Mr. Speaker, George P. Shultz began his career in the South Pacific in Congress finds the following: And when we talk with the leaders of (1) Despite some progress in recent years, the Czech Republic or Poland, they say World War II. He is ending his career, sub-Saharan Africa enters the new millen- that the hearts and minds of people to the degree it is ending, and we hope nium with many of the world’s poorest coun- were turned by the opportunity to lis- it is not fully, with a bill aimed in his tries and is the one region of the world where ten every day to a radio broadcast honor, a facility designed to prevent hunger is both pervasive and increasing. further wars. I think this could not be (2) Thirty-three of the world’s 41 poorest which explained what was actually debtor countries are in sub-Saharan Africa happening inside their country. These more fitting. Mr. GILMAN. Mr. Speaker, long before the and an estimated 291,000,000 people, nearly broadcasts were able to explain and to current emphasis on training for the foreign af- one-half of sub-Saharan Africa’s total popu- put into context what people were fairs community, George Shultz had a vision lation, currently live in extreme poverty on hearing from the Soviet broadcasts, less than $1 a day. of a world-class foreign affairs training center and over time we know that this was (3) One in three people in sub-Saharan Afri- for those who staff our foreign affairs estab- the most effective single thing that ca is chronically undernourished, double the lishment. That vision eventually became the changed the attitudes of the average number of three decades ago. One child out National Foreign Affairs Training Center in Ar- of seven dies before the age of five, and one- person in Eastern Europe, we know lington, Virginia, which by this act, we name it half of these deaths are due to malnutrition. that from the leaders of these coun- after Secretary Shultz. (4) Sub-Saharan Africa is the region in the tries today. They were critical in con- With all due respect to the current occupant world most affected by infectious disease, ac- tributing to the collapse of com- of that office, George Shultz is in my esti- counting for one-half of the deaths world- munism, the collapse of the totali- mation the finest person I have had the honor wide from HIV/AIDS, tuberculosis, malaria, tarian governments of Eastern Europe cholera, and several other diseases. of working with during his or her service as (5) Sub-Saharan Africa is home to 70 per- and the former Soviet Union. And be- Secretary of State. He played an enormous sides its outstanding impact behind the cent of adults, and 80 percent of children, liv- role in the tremendous expansion of the scope ing with the HIV virus, and 75 percent of the Iron Curtain during the Cold War, the of liberty in the world during the Reagan Ad- people worldwide who have died of AIDS radios also aided in Afghanistan from ministration, all while protecting our national lived in Africa. 1985–1993 during the Soviet invasion. security from real threats. At times, he suf- (6) The HIV/AIDS pandemic has erased Radio Free Europe/Radio Liberty fered the slings and arrows of fierce partisan many of the development gains of the past still continues to tell the truth, coun- attack, as he advanced the sometimes un- generation in sub-Saharan Africa and now tering dictators like Saddam Hussein. threatens to undermine economic and social popular policies of his Administration. He did Saddam Hussein has long complained progress for the next generation, with life so always with inspiring grace and intellectual that Radio Free Iraq is, in his words, expectancy in parts of sub-Saharan Africa honesty. an act of aggression. The Iraqi dictator having already decreased by 10–20 years as a If those who serve our Nation in foreign af- result of AIDS. has become so irked by his attempt to fairs were to model themselves after George (7) Despite these immense challenges, the undermine his control over the media Shultz, we would do well indeed. Let us help number of sub-Saharan African countries that Saddam Hussein instructed his in- keep his spirit in their consciousness by nam- that are moving toward open economies and telligence officials, and apparently re- ing the facility he planned after this visionary more accountable governments has in- cently there has been a plot uncovered Secretary of State, our friend George Shultz. creased, and these countries are beginning to achieve local solutions to their common by Iraq to bomb Radio Free Europe’s I urge all my colleagues to support this trib- headquarters in Prague. problems. ute to an outstanding American, Secretary of (8) To make lasting improvements in the Last month this House passed legis- State, George P. Shultz. lation authored by myself and the gen- lives of their people, sub-Saharan Africa gov- Mr. LEACH. Mr. Speaker, I yield ernments need support as they act to solve tleman from California (Mr. BERMAN) back the balance of my time. conflicts, make critical investments in to re-create Radio Free Afghanistan by The SPEAKER pro tempore (Mr. human capacity and infrastructure, combat a margin of 405 to two. The Taliban is PETRI). The question is on the motion corruption, reform their economies, stimu- on its way out; but if Afghanistan is to offered by the gentleman from Iowa late trade and equitable economic growth, have a chance of becoming stable, if its (Mr. LEACH) that the House suspend the and build democracy. various factions and ethnic groups are rules and pass the bill, H.R. 3348. (9) Despite sub-Saharan Africa’s enormous to strike a workable governing accord, The question was taken. development challenges, United States com- the country will need free-flowing, ac- The SPEAKER pro tempore. In the panies hold approximately $12,800,000,000 in investments in sub-Saharan Africa, greater curate news information. opinion of the Chair, two-thirds of than United States investments in either the Unfortunately, the country is start- those present have voted in the affirm- Middle East or Eastern Europe, and total ing from scratch. What media the ative. United States trade with sub-Saharan Africa Taliban did not corrupt, it destroyed. Mr. LANTOS. Mr. Speaker, on that I currently exceeds that with all of the inde- Looking ahead at the great challenges demand the yeas and nays. pendent states of the former Soviet Union, December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8755 including the Russian Federation. This eco- (B) impediments to, and opportunities for, sub-Saharan Africa. According to the nomic relationship could be put at risk un- future progress; World Bank, those more vulnerable to less additional public and private resources (C) proposed changes to those strategies, if poverty live in rural areas in large are provided to combat poverty and promote any; and households which are often headed by equitable economic growth in sub-Saharan (D) the role and extent of cooperation of Africa. the governments of sub-Saharan countries women. (10) Bread for the World Institute cal- and other donors, both public and private, in In addition, the scourge of HIV/AIDS culates that the goal of reducing world hun- combating poverty and promoting equitable is fast reversing many of the modest ger by one-half by 2015 is achievable through economic development. social gains which have been achieved an increase of $4,000,000,000 in annual funding The SPEAKER pro tempore. Pursu- in recent years. There are many causes from all donors for poverty-focused develop- ant to the rule, the gentleman from for this distressing state of affairs: ment. If the United States were to shoulder Iowa (Mr. LEACH) and the gentleman interstate conflict, natural disaster, one-fourth of this aid burden—approximately corruption, underdeveloped private sec- $1,000,000,000 a year—the cost to each United from California (Mr. LANTOS) each will States citizen would be one penny per day. control 20 minutes. tors, to name a few. While the people of (11) Failure to effectively address sub-Sa- The Chair recognizes the gentleman sub-Saharan Africa must take ultimate haran Africa’s development needs could re- from Iowa (Mr. LEACH). responsibility for the success or failure sult in greater conflict and increased pov- GENERAL LEAVE of these countries, the United States erty, heightening the prospect of humani- Mr. LEACH. Mr. Speaker, I ask unan- has the moral obligation and resources tarian intervention and potentially threat- imous consent that all Members may to help improve the lives of millions of ening a wide range of United States interests have 5 legislative days within which to people living there. in sub-Saharan Africa. This resolution directs the Agency SEC. 3. SENSE OF CONGRESS. revise and extend their remarks and in- clude extraneous material on H. Con. for International Development to de- It is the sense of Congress that— vise 5- and 10-year strategic plans in (1) the United States should declare ‘‘A Res. 102, the resolution under consider- Decade of Support for Sub-Saharan Africa’’; ation. health, education and agriculture, and (2) not later than 90 days after the date of The SPEAKER pro tempore. Is there for promoting free market economies, adoption of this concurrent resolution, the objection to the request of the gen- trade investment, democracy, and the President should submit a report to Congress tleman from Iowa? rule of law. setting forth a five-year strategy, and a ten- There was no objection. In closing, I would like to acknowl- year strategy, to achieve a reversal of cur- Mr. LEACH. Mr. Speaker, I yield my- edge the extraordinary leadership of rent levels of hunger and poverty in sub-Sa- self such time as I may consume. America’s faith-based community, haran Africa, including a commitment to Mr. Speaker, I appreciate the co- churches, synagogues, mosques and as- contribute an appropriate United States share of increased bilateral and multilateral operation of the majority leader, the sociated institutes like Bread for the poverty-focused resources for sub-Saharan gentleman from Illinois (Chairman World and its thoughtful president, Africa, with an emphasis on— HYDE) and the gentleman from Cali- David Beckman, for compelling sup- (A) health, including efforts to prevent, fornia (Mr. LANTOS) for allowing the port for this resolution. It is this pri- treat, and control HIV/AIDS, tuberculosis, House to consider this Hunger to Har- vate, faith-based community that has malaria, and other diseases that contribute vest: Decade of Support for sub-Saha- awakened the conscience of the world to malnutrition and hunger, and to promote ran Africa Resolution. on the need to confront the moral and maternal health and child survival; The bill was introduced by the gen- development challenges of issues such (B) education, with an emphasis on equal access to learning for girls and women; tleman from New Jersey (Mr. PAYNE) as debt relief and world hunger. In (C) agriculture, including strengthening and me earlier this year and currently their name, I urge passage of this reso- subsistence agriculture as well as the ability has 150 cosponsor, including many of lution. to compete in global agricultural markets, our colleagues on the Committee on Before turning to the distinguished and investment in infrastructure and rural International Relations. The amend- ranking member of the committee, let development; ment in the nature of a substitute that me thank the gentleman for his leader- (D) private sector and free market develop- the committee is offering today con- ship and that of course of the gen- ment, to bring sub-Saharan Africa into the forms the House version with similar tleman from New Jersey (Mr. PAYNE), global economy, enable people to purchase which has been so extraordinary on food, and make health and education invest- language already passed by the Senate. ments sustainable; This resolution expresses the sense of this subject. (E) democratic institutions and the rule of the Congress that the United States Mr. Speaker, I reserve the balance of law, including strengthening civil society should commit itself to acting with its my time. and independent judiciaries; partners in sub-Saharan Africa to re- Mr. LANTOS. Mr. Speaker, I yield (F) micro-finance development; and duce poverty and hunger on the sub- myself such time as I may consume. (G) debt relief that provides incentives for continent over the next decade. Mr. Speaker, I rise in strong support sub-Saharan African countries to invest in What is most extraordinary about of this resolution. First, I would like to poverty-focused development, and to expand the 20th century in relation to the rest commend the gentleman from Iowa democratic participation, free markets, of human history is that economic and (Mr. LEACH) for introducing this impor- trade, and investment; tant resolution. I want to commend (3) the President should work with the social development, coupled with mod- heads of other donor countries and sub-Saha- ern medicines, caused the life spans of our Chair, the gentleman from Illinois ran African countries, and with United human beings to double on much of the (Mr. HYDE); and I certainly pay tribute States and sub-Saharan African private and planet. Tragically, the exception has to the chairman of the Subcommittee voluntary organizations and other civic or- been in Africa, particularly sub-Saha- on Africa, the gentleman from Cali- ganizations, including faith-based organiza- ran Africa, where not only have life fornia (Mr. ROYCE), and to the ranking tions, to implement the strategies described spans not been extended, but life has member, the gentleman from New Jer- in paragraph (2); been shortened in the last several dec- sey (Mr. PAYNE), whose contribution on (4) Congress should undertake a multi-year the subject of Africa and indeed on all commitment to provide the resources to im- ades. plement those strategies; and While sub-Saharan Africa has tre- subjects coming before our committee (5) 120 days after the date of adoption of mendous untapped human and eco- is immeasurable in importance. this concurrent resolution, and every year nomic potential, for the most part the Mr. Speaker, each night more than thereafter, the Administrator of the United region has not prospered. Indeed, in all 800 million people around the globe, States Agency for International Develop- of the developing regions of the world, many of them children, go to bed not ment, in consultation with the heads of the severity of poverty and malnutri- knowing if they will have enough to other appropriate Federal departments and tion is greatest in that sub-continent eat the next day. Most of these poor agencies, should submit to Congress a report and is also growing at the fastest rate and hungry souls live in sub-Saharan on the implementation of those strategies, on the Earth. Roughly 290 million peo- Africa. In Africa, hunger is both perva- including the action taken under paragraph sive and growing. The sad truth is that (3), describing— ple in the region, nearly half the total (A) the results of the implementation of population, live on less than a dollar a hunger, poverty, and disease go hand in those strategies as of the date of the report, day. hand. A poor and hungry mother has including the progress made and any set- Mr. Speaker, 33 of the world’s 41 most few defenses against tuberculosis, ma- backs suffered; heavily indebted poor countries are in laria, cholera, HIV–AIDS, and other H8756 CONGRESSIONAL RECORD — HOUSE December 4, 2001 deadly diseases when hunger, too, AID and his efforts to bring focus on portant piece of legislation through gnaws at her body and saps her spirit. this issue of hunger in Africa, and also and the ranking member, the gen- Some of Africa’s poverty is caused by to commend the gentleman from New tleman from California (Mr. LANTOS), decades of civil strife where the sole Jersey (Mr. PAYNE), the ranking mem- whose long interest in foreign affairs purpose of conflict is to rob the nation ber of the Subcommittee on Africa, for throughout the world and his own ex- of its wealth. Resource wars fought his efforts to raise before this body this perience has been an example of leader- over diamonds, oil, or simply the lar- critically important issue of what we ship to our committee. Let me com- gess of the state leave little behind for can do to reduce hunger in sub-Saharan mend the gentleman from California the citizens of the nation. Mr. Speaker, Africa. (Mr. ROYCE), who has led the Sub- this must end. These wars leave farm- Far too little progress has been made committee on Africa into a forward- ing areas seeded with land mines in- over the years in fighting hunger. I be- moving committee, and the gentleman stead of maize. Young boys stripped of lieve that Congress has taken several from Iowa (Mr. LEACH), who not only their innocence become vicious child tangible steps, in addition to this Hun- on this bill dealing with hunger, but soldiers instead of school boys. War ger to Harvest legislation, that have his leadership on legislation focusing lords reap millions in personal gain. helped in some way to reduce poverty the attention of the Global AIDS Fund Global indifference, Mr. Speaker, has and hunger in Africa. One that I want- with the gentlewoman from California caused some of the Africa’s poverty. ed to focus on for just a minute was the (Ms. LEE), who should be commended The ubiquitous faces of hungry African fact that in May of 2000, after years of for his tireless effort on behalf of peo- children cease to stir concern in rich effort, Congress passed and the Presi- ple of the world who are less fortunate. While the Nation’s attention is un- countries as new crises arise that af- dent signed into law the African derstandably with the war in Afghani- fect our own lives. One is only stirred Growth and Opportunity Act. Although stan, Congress has made a firm pledge from the seeming banality of Africa’s the bill has only been in effect for a to poor and hungry people in Africa hunger when one truly looks into the year, it has had a very positive devel- with this legislation, H. Con. Res. 102, opment impact in terms of some of the eyes of a malnourished child or a help- Hunger to Harvest: A Decade of Con- less mother. It has become too easy to poorest African countries. cern for Africa, which calls for signifi- I will give my colleagues two exam- turn away and worry instead about tax cant new poverty-focused development relief or global trade or school reform. ples: Malawi and Madagascar, two of assistance to sub-Saharan Africa. Hun- Mr. Speaker, taxes, trade and edu- the world’s poorest countries, have ex- ger to Harvest would increase poverty- cation matter; but they do not relieve perienced a 70 percent and 120 percent focused assistance to sub-Saharan Afri- us of our obligation to care for Africa’s increase respectively in trade with the ca by $1 billion. According to Bread for poor and hungry. Despite immense United States, causing a direct in- the World, the national grass-roots or- challenges, the number of sub-Saharan crease there in jobs and causing an in- ganization that works with antihunger African countries digging deep to find crease in income to the neediest people programs, and they have actively lob- local solutions to their problems is in those countries; and that means food bied for this bill, a commitment of $4 growing. They are moving toward open on the plates of children who might billion a year from the G–8 countries economies and more accountable and otherwise not eat, and shoes on their would cut world hunger in half by the transparent government. To make feet. year 2015. The U.S. share of that would long-term, sustainable improvements Mr. Speaker, we should do more in be $1 billion, which translates into a in the lives of their people, African fighting hunger in Africa, and this res- mere penny a day for each American. governments need the support that we olution focuses on that issue, and we We can certainly afford that. We have can give them to resolve their con- should also do more to promote trade the means to effectively attack hunger flicts, make critical investment in with Africa, which is good for African and we have the means to feed every human capacity and infrastructure, countries and, frankly, good for Amer- child in the world where, as it has been combat corruption, reform their econo- ica too. With a global economic slow- mentioned, 200 million children out of mies, and ultimately build democracy. down underway, Africa is one of the 800 million people go hungry every day. They do not need handouts, but they few regions in the world, frankly, We have the means to save the precious certainly do need us to join hands. where we are increasing trade, and Af- lives of innocent children when, in de- Mr. Speaker, we can come together rica wants to do business with the veloping countries, 6 million children with those African leaders who are United States. die every year, mostly because of hun- ready to act responsibly. We can build The U.S. has a growing commercial ger-related illnesses. strong economic relationships that interest there. It has a growing stra- The world produces enough food to combat poverty and promote equitable tegic interest in Africa which has been feed its growing population, so the economic growth in Africa. Together described as the ‘‘soft underbelly’’ in issue is not the sufficiency of food. The we can address effectively Africa’s our war against terrorism but, most issue is about access and distribution. human needs and bring about a con- important for us, the U.S. has an im- The long-term solution to hunger in tinent with a different face, a face no portant humanitarian interest there. sub-Saharan Africa, therefore, must in- longer filled with hunger, hopelessness America has always had that humani- clude strengthening agriculture as a and despair, but one etched with prom- tarian interest in Africa. I want to source of food and income and improv- ise, prosperity and hope. commend these Members of Congress ing basic health and education in sub- who have routinely tried to keep that Saharan Africa. b 1445 focus on that issue, and it is that inter- We cannot as a country say we are Mr. Speaker, the Hunger to Harvest est that the Hunger to Harvest legisla- for development and not deal with the Resolution is a very important piece of tion speaks to. issue of hunger, which inhibits legislation. Its passage will put Con- So I again wanted to commend the progress, growth, and life, nor can we gress on record in support of efforts to gentleman from Iowa (Mr. LEACH) and effectively fight the war on terrorism alleviate hunger in Africa, and I ask to commend the gentleman from New and win if we do not deal with condi- every one of our colleagues to vote in Jersey (Mr. PAYNE) for their efforts. tions of hunger and poverty which can support of this resolution. Mr. LANTOS. Mr. Speaker, I am de- lead to feelings of disillusionment and Mr. Speaker, I reserve the balance of lighted to yield such time as he may marginalization. Helping Africa work my time. consume to our distinguished col- its way to prosperity is not only the Mr. LEACH. Mr. Speaker, I yield 3 league, the gentleman from New Jersey right thing to do but it also makes minutes to the gentleman from Cali- (Mr. PAYNE), my dear friend, who has good sense to America’s workers. The fornia (Mr. ROYCE). been our leader on our side of the aisle United States holds approximately $13 Mr. ROYCE. Mr. Speaker, I rise in on all issues relating to these matters. billion in investments in sub-Saharan support of this legislation, and I rise to Mr. PAYNE. Mr. Speaker, I rise in Africa, more than in the Middle East or commend the gentleman from Iowa strong support of H. Con. Res. 102. Eastern Europe, and the total U.S. (Mr. LEACH) for his humanitarian ef- Let me thank the gentleman from Il- trade with sub-Saharan Africa exceeds forts and his work over the years with linois (Mr. HYDE) for moving this im- that of the entire former Soviet Union. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8757 What Congress will do in enthusiasti- microenterprises and other business opportu- world in showing a real commitment to elimi- cally passing the Hunger to Harvest nities. nating the suffering of the world’s hungry. Resolution is join our G–8 partners and However, assistance alone will not solve While it is important that we act quickly, we the World Bank in expressing support their problems. Although such poverty-focused must also be willing to persevere in order to for the long-term development initia- development aid has proven effective, our ef- create real and lasting change. tives of African governments as ex- forts to assist sub-Saharan Africans to over- Sub-Saharan Africa is a region fraught with pressed in the new Program for African come poverty must remain focused on encour- many problems. One in three people are Development announced by Presidents aging their participation in the private sector. chronically undernourished, leading one-sev- Mbeki of South Africa, Obasanjo of Ni- The foundation for sustained economic growth enth of all children to die before they are five geria, Wade of Senegal, and Bouteflika in sub-Saharan Africa depends upon the de- years old. Upwards of 70 percent of all AIDS of Algeria. velopment of an environment receptive to patients reside in sub-Saharan Africa, and I have been inspired by this bipar- trade and investment. This can only be though almost half of its population survives tisan effort and by the work of Bread brought about by investments in human re- on less than $1 a day, U.S. companies hold for the World. With more than a third sources, domestic economic development, the $15 billion in investments there—more than ei- of the Members of the House cospon- implementation of free market policies, and ther the Middle East or Eastern Europe. soring this resolution from both sides the widespread application of the rule of law Mr. Speaker, I am confident that this resolu- of the aisle, I think together we can and democratic governance by the sub-Saha- tion takes the necessary steps to begin sub- fight hunger and poverty in Africa. Let ran nations themselves. stantial change. H. Con. Res. 102 calls for the me once again commend the gentleman I urge support for this measure. engagement of other nations in a multi-lateral from Iowa (Mr. LEACH) who has fought Mr. BEREUTER. Mr. Speaker, this Member effort to be conducted for several years. tirelessly to reach this milestone. rises in strong support of H. Con. Res. 102, Through a multi-year commitment to funding While our two parties may disagree on the Hunger to Harvest Resolution: A Decade health, education, agriculture, and micro-fi- some issues, it is wonderful to see that of Concern for Africa. Additionally, this Mem- nance programs, as well as debt relief, we can ending hunger and aiding in Africa’s ber, as a cosponsor of this resolution, would show our commitment to real progress. I en- development is something we can all like to thank the distinguished gentleman from courage my colleagues to vote for this resolu- agree on. Iowa (Mr. LEACH) and the distinguished gen- tion, declare ‘‘A Decade of Concern’’ for sub- At a time when more and more tleman from New Jersey (Mr. PAYNE) for intro- Saharan Africa, and begin the process of alle- Americans say the U.S. would benefit ducing this important legislation. viating this human suffering. from greater involvement in world af- Mr. Speaker, the terrorist attacks of Sep- Ms. JACKSON-LEE of Texas. Mr. Speaker, fairs, America has helped put Congress tember 11th highlighted the extent to which I rise to express my strong support for H. Con. on record. American security is placed at risk when the Res. 102. This resolution highlights the stark Mr. Speaker, I ask our colleagues to U.S. fails to provide development aid and as- realities facing the African sub-continent at the pass this bill. sistance to areas in peril of falling into the precipice of this millenium, and highlights the Mr. LANTOS. Mr. Speaker, I yield hands of unfriendly regimes. Indeed, sub-Sa- commitments that the United States must back the balance of my time. haran Africa currently faces many of the same make in order to further the health and safety Mr. LEACH. Mr. Speaker, I yield my- conditions which coalesced to create the Af- of the African peoples. self such time as I may consume. ghanistan in which the Taliban has thrived. The findings in this resolution tell a stark In conclusion, let me again thank the Much of sub-Saharan Africa has fought rav- story. Africa is the one area of the world gentleman from California (Mr. LAN- aging civil wars, demoralizing poverty, recur- where hunger is both pervasive and increas- TOS), the gentleman from New Jersey ring droughts, and debilitating disease. ing; 33 of the 41 poorest debtor countries are (Mr. PAYNE), and the gentleman from This country’s own long-term security de- in sub-Saharan Africa. Nearly half of the total California (Mr. ROYCE) for their leader- pends to a large extent on stability in sub-Sa- population of this geographic population lives ship on so many African issues. Sym- haran Africa. The mirco-enterprise, agriculture on less than $1 a day; 70 percent of the bolically, this bill is about the world development, debt relief, and health programs adults and 80 percent of children living with family, about kids and their grand- which are outlined in this bill have the poten- HIV are in Africa, and two-thirds of worldwide parents. If we keep our priorities right, tial to serve as key investments in preventing deaths due to the ravages of AIDS have taken the likelihood of moral and national terrorism against the U.S. and against U.S. in- place there. splintering becomes remote. If, on the terests. Mr. Speaker, the American people over- other hand, we wear blinkers, chaos is Mr. Speaker, this Member strongly urges his whelmingly think that the U.S. should commit inevitable. The American national colleagues to vote for H. Con. Res. 102. to cutting world hunger in half by 2015. Private spirit, as well as our national interest, Mr. MATHESON. Mr. Speaker, I am grateful organizations such as Bread of the World esti- is interlinked with the commitment to today for the opportunity to speak on a topic mate that the U.S. burden for this project end despair in the furthest reaches of that is important to all Americans. would be around a penny per day. This makes the globe. Hope is the only hope for the The issue of hunger in sub-Saharan Africa Congress’ action here that much more impor- world today. strikes at the very core of our nation’s values. tant. Mr. GILMAN. Mr. Speaker, I would like to The current situation in this part of the world Mr. Speaker, I share the sense of this body take time to voice my support for H. Con. Res. is both alarming and poignant. Many of the that ‘‘a moral people cannot tolerate the exist- 102. Sub-Saharan Africa is clearly a region af- people in this region suffer from disease, mal- ence of hunger, poverty, and disease in any flicted by poverty. Despite some positive eco- nutrition, and hunger. The suffering of so part of the world.’’ This nation should declare nomic and political changes in sub-Saharan many is attributed to the lack of such basic a ‘‘Decade of Concern for Africa’’ and commit Africa, it remains an area of the world where needs as food and adequate shelter which to increased levels of poverty focused devel- hunger is pervasive and steadily increasing makes the situation all the more disturbing. opment assistance across sub-Saharan Africa. with one of every three persons being chron- Currently the American people are focused I agree that this support should be focused on ically undernourished. This hunger has mul- on overcoming recent tragedy and forging new the immediate needs of the African Diaspora tiple causes, including severe poverty, the roads toward progress and prosperity. The hu- by directing funding toward health and HIV HIV/AIDS pandemic, civil wars, continued for- manity and compassion that the people of this prevention, education and equal learning for eign debt, degraded land, and inadequate nation have displayed transcends geo- girls and women, agriculture and sustainable education. graphical borders. As noted in H. Con. Res. development, and bilateral and multilateral African nations need additional U.S. aid to 102, the majority of Americans want to see the debt relief that acknowledges the West’s role develop their human and natural resources— United States, along with the rest of the world, in creating instability in Africa. and thereby strengthen their capacity to deal join together in a concerted effort to alleviate By passing this resolution, this Congress with hunger, poverty, and related problems. world hunger. moves closer to my goal of a stable, healthy, Sub-Saharan Africa needs additional re- As the United States leads the world into and viable Africa for all its nations and peo- sources to improve farming and support farm- the twenty-first century, we must ensure that ples. This body follows the efforts of the Con- er-owned businesses; help prevent and treat we leave no one behind. There is a risk that gressional Black Caucus to highlight the hor- HIV/AIDS, malaria, tuberculosis, and other in- if left unresolved, the gap between rich and rific conditions at play in the region. In light of fectious diseases; encourage the enrollment of poor nations of the world will only increase. It the U.S. actions during the recent U.N. Con- more children in school; and help develop is important that the United States lead the ference Against Racism held in South Africa, H8758 CONGRESSIONAL RECORD — HOUSE December 4, 2001 this resolution establishes that the American modernization of Zimbabwe’s economy. The peo- (B) PRE-ELECTION CONDITIONS.—In the event people are humane and compassionate. ple of Zimbabwe have thus been denied the eco- the certification is made before the presidential Mr. Speaker, I am again happy to support nomic and democratic benefits envisioned by the election takes place, the Government of donors to such programs, including the United Zimbabwe has sufficiently improved the pre- this resolution, and encourage all members to States. election environment to a degree consistent with further its goals of a stable, healthy, and hun- (2) In September 1999 the IMF suspended its accepted international standards for security ger-free Africa. support under a ‘‘Stand By Arrangement’’, ap- and freedom of movement and association. Mr. LEACH. Mr. Speaker, I yield proved the previous month, for economic adjust- (3) COMMITMENT TO EQUITABLE, LEGAL, AND back the balance of my time. ment and reform in Zimbabwe. TRANSPARENT LAND REFORM.—The Government The SPEAKER pro tempore (Mr. (3) In October 1999, the International Devel- of Zimbabwe has demonstrated a commitment to opment Association (in this section referred to an equitable, legal, and transparent land reform PETRI). The question is on the motion as the ‘‘IDA’’) suspended all structural adjust- offered by the gentleman from Iowa program consistent with agreements reached at ment loans, credits, and guarantees to the Gov- the International Donors’ Conference on Land (Mr. LEACH) that the House suspend the ernment of Zimbabwe. Reform and Resettlement in Zimbabwe held in rules and agree to the concurrent reso- (4) In May 2000, the IDA suspended all other Harare, Zimbabwe, in September 1998. lution, H. Con. Res. 102, as amended. new lending to the Government of Zimbabwe. (4) FULFILLMENT OF AGREEMENT ENDING WAR (5) In September 2000, the IDA suspended dis- The question was taken. IN DEMOCRATIC REPUBLIC OF CONGO.—The Gov- bursement of funds for ongoing projects under ernment of Zimbabwe is making a good faith ef- The SPEAKER pro tempore. In the previously-approved loans, credits, and guaran- fort to fulfill the terms of the Lusaka, Zambia, opinion of the Chair, two-thirds of tees to the Government of Zimbabwe. agreement on ending the war in the Democratic those present have voted in the affirm- (b) SUPPORT FOR DEMOCRATIC TRANSITION Republic of Congo. ative. AND ECONOMIC RECOVERY.— (5) MILITARY AND NATIONAL POLICE SUBORDI- Mr. LANTOS. Mr. Speaker, on that I (1) BILATERAL DEBT RELIEF.—Upon receipt by the appropriate congressional committees of a NATE TO CIVILIAN GOVERNMENT.—The demand the yeas and nays. Zimbabwean Armed Forces, the National Police The yeas and nays were ordered. certification described in subsection (d), the Sec- retary of the Treasury shall undertake a review of Zimbabwe, and other state security forces are The SPEAKER pro tempore. Pursu- of the feasibility of restructuring, rescheduling, responsible to and serve the elected civilian gov- ant to clause 8 of rule XX and the or eliminating the sovereign debt of Zimbabwe ernment. (e) WAIVER.—The President may waive the Chair’s prior announcement, further held by any agency of the United States Gov- provisions of subsection (b)(1) or subsection (c), proceedings on this motion will be ernment. if the President determines that it is in the na- postponed. (2) MULTILATERAL DEBT RELIEF AND OTHER FI- NANCIAL ASSISTANCE.—It is the sense of Congress tional interest of the United States to do so. f that, upon receipt by the appropriate congres- SEC. 5. SUPPORT FOR DEMOCRATIC INSTITU- sional committees of a certification described in TIONS, THE FREE PRESS AND INDE- ZIMBABWE DEMOCRACY AND PENDENT MEDIA, AND THE RULE OF subsection (d), the Secretary of the Treasury LAW. ECONOMIC RECOVERY ACT OF 2001 should— (a) IN GENERAL.—The President is authorized (A) direct the United States executive director Mr. ROYCE. Mr. Speaker, I move to to provide assistance under part I and chapter of each multilateral development bank to pro- suspend the rules and pass the Senate 4 of part II of the Foreign Assistance Act of 1961 pose that the bank should undertake a review of bill (S. 494) to provide for a transition to— the feasibility of restructuring, rescheduling, or (1) support an independent and free press and to democracy and to promote economic eliminating the sovereign debt of Zimbabwe held recovery in Zimbabwe, as amended. electronic media in Zimbabwe; by that bank; and (2) support equitable, legal, and transparent The Clerk read as follows: (B) direct the United States executive director mechanisms of land reform in Zimbabwe, includ- of each international financial institution to S. 494 ing the payment of costs related to the acquisi- which the United States is a member to propose Be it enacted by the Senate and House of Rep- tion of land and the resettlement of individuals, to undertake financial and technical support for resentatives of the United States of America in consistent with the International Donors’ Con- Zimbabwe, especially support that is intended to Congress assembled, ference on Land Reform and Resettlement in promote Zimbabwe’s economic recovery and de- Zimbabwe held in Harare, Zimbabwe, in Sep- SECTION 1. SHORT TITLE. velopment, the stabilization of the Zimbabwean tember 1998, or any subsequent agreement relat- This Act may be cited as the ‘‘Zimbabwe De- dollar, and the viability of Zimbabwe’s demo- ing thereto; and mocracy and Economic Recovery Act of 2001’’. cratic institutions. (3) provide for democracy and governance pro- SEC. 2. STATEMENT OF POLICY. (c) MULTILATERAL FINANCING RESTRICTION.— grams in Zimbabwe. It is the policy of the United States to support Until the President makes the certification de- (b) FUNDING.—Of the funds authorized to be the people of Zimbabwe in their struggle to ef- scribed in subsection (d), and except as may be appropriated to carry out part I and chapter 4 fect peaceful, democratic change, achieve broad- required to meet basic human needs or for good of part II of the Foreign Assistance Act of 1961 based and equitable economic growth, and re- governance, the Secretary of the Treasury shall for fiscal year 2002— store the rule of law. instruct the United States executive director to (1) $20,000,000 is authorized to be available to each international financial institution to op- SEC. 3. DEFINITIONS. provide the assistance described in subsection In this Act: pose and vote against— (1) any extension by the respective institution (a)(2); and (1) INTERNATIONAL FINANCIAL INSTITUTIONS.— (2) $6,000,000 is authorized to be available to of any loan, credit, or guarantee to the Govern- The term ‘‘international financial institutions’’ provide the assistance described in subsection means the multilateral development banks and ment of Zimbabwe; or (2) any cancellation or reduction of indebted- (a)(3). the International Monetary Fund. ness owed by the Government of Zimbabwe to (c) SUPERSEDES OTHER LAWS.—The authority (2) MULTILATERAL DEVELOPMENT BANKS.—The the United States or any international financial in this section supersedes any other provision of term ‘‘multilateral development banks’’ means institution. law. the International Bank for Reconstruction and (d) PRESIDENTIAL CERTIFICATION THAT CER- SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO Development, the International Development TAIN CONDITIONS ARE SATISFIED.—A certifi- BE TAKEN AGAINST INDIVIDUALS Association, the International Finance Corpora- cation under this subsection is a certification RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE RULE OF tion, the Inter-American Development Bank, the transmitted to the appropriate congressional Asian Development Bank, the Inter-American LAW IN ZIMBABWE. committees of a determination made by the It is the sense of Congress that the President Investment Corporation, the African Develop- President that the following conditions are sat- ment Bank, the African Development Fund, the should begin immediate consultation with the isfied: governments of European Union member states, European Bank for Reconstruction and Devel- (1) RESTORATION OF THE RULE OF LAW.—The Canada, and other appropriate foreign coun- opment, and the Multilateral Investment Guar- rule of law has been restored in Zimbabwe, in- tries on ways in which to— anty Agency. cluding respect for ownership and title to prop- (1) identify and share information regarding SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION erty, freedom of speech and association, and an individuals responsible for the deliberate break- AND ECONOMIC RECOVERY. end to the lawlessness, violence, and intimida- down of the rule of law, politically motivated vi- (a) FINDINGS.—Congress makes the following tion sponsored, condoned, or tolerated by the olence, and intimidation in Zimbabwe; findings: Government of Zimbabwe, the ruling party, and (1) Through economic mismanagement, un- (2) identify assets of those individuals held their supporters or entities. outside Zimbabwe; democratic practices, and the costly deployment (2) ELECTION OR PRE-ELECTION CONDITIONS.— (3) implement travel and economic sanctions of troops to the Democratic Republic of the Either of the following two conditions is satis- against those individuals and their associates Congo, the Government of Zimbabwe has ren- fied: and families; and dered itself ineligible to participate in Inter- (A) PRESIDENTIAL ELECTION.—Zimbabwe has (4) provide for the eventual removal or amend- national Bank for Reconstruction and Develop- held a presidential election that is widely ac- ment of those sanctions. ment and International Monetary Fund pro- cepted as free and fair by independent inter- grams, which would otherwise be providing sub- national monitors, and the president-elect is free The SPEAKER pro tempore. Pursu- stantial resources to assist in the recovery and to assume the duties of the office. ant to the rule, the gentleman from December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8759 California (Mr. ROYCE) and the gen- b 1500 under government siege, half a million tleman from California (Mr. LANTOS) For Zimbabweans, it is a sad irony Zimbabweans face starvation in a each will control 20 minutes. that the Mugabe Government represses country that traditionally produces The Chair recognizes the gentleman political opponents with the same Law enough food to export. The current from California (Mr. ROYCE). and Order Maintenance Act which Ian government is oblivious to the suf- GENERAL LEAVE Smith’s Rhodesian repressive govern- fering of the people there. Mr. ROYCE. Mr. Speaker, I ask unan- ment pioneered to prevent majority ZANU–PF leadership, though, is not imous consent that all Members may rule there. hurting. The U.N. recently reported have 5 legislative days within which to Having led a congressional delega- how Zimbabwean troops are clear-cut- revise and extend their remarks and in- tion to Saudi Arabia some years back, ting invaluable forests in the Demo- clude extraneous material on S. 494. I saw then the climate of fear the cratic Republic of Congo, and proceeds The SPEAKER pro tempore. Is there Zimbabwe Government long ago cre- from this environmental crime as- objection to the request of the gen- ated. This legislation provides reason- suredly are going to supporting the tleman from California? able guidelines for U.S. engagement luxurious lifestyle of Zimbabwe’s rul- There was no objection. with Zimbabwe. It expresses the United ing elite. Mr. ROYCE. Mr. Speaker, I yield my- States’ interest in assisting the This legislation, importantly, asks self such time as I may consume. Zimbabwean people with economic de- the administration to begin a process Mr. Speaker, I would like to begin by velopment; and it provides funding for of identifying the assets of those in- expressing my appreciation to the gen- such efforts, but only when the climate volved, those military personnel in- tleman from Illinois (Mr. HYDE), the is right, that is, when the rule of law volved in just that effort, and to im- chairman of the Committee on Inter- has been established and when free and pose personal economic sanctions national Relations, and the gentleman fair elections are possible. against them for breaking down the from Ohio (Mr. OXLEY), the chairman We must be realistic, though. The rule of law in Zimbabwe. It does not af- of the Committee on Financial Serv- prospects are increasingly remote that fect trade, however. ices, for moving this important legisla- the presidential elections, which must This legislation provides aid for law- tion. I would also like to express my be held by March, will be free and fair. ful and transparent land resettlement, appreciation to the gentleman from The U.S.-based International Founda- and I believe that this will have to California (Mr. LANTOS), the ranking tion for Electoral Systems has been come after there is a new government. member of the Committee on Inter- chased from the country. We should not lose sight of the fact national Relations, and the gentleman The government rejected a call by that President Mugabe has created the from New Jersey (Mr. PAYNE), the the European Union to allow for elec- current land crisis. He has sanctioned ranking member of the Subcommittee tion monitors. While it recently re- the violent land invasions and the mur- on Africa that I chair, for their support lented on its decision, it is likely to re- ders of Zimbabweans, black and white, of this bill. With elections approaching verse course. The government is likely precisely because it serves his political in Zimbabwe, and the conditions on the to again prohibit those observers from interests. That is why many attempts ground deteriorating, it is important coming in for the elections. by the international community to aid I was scheduled to lead an election that we pass the Zimbabwe Democracy a lawful land reform program have observation team for the 2000 par- and Economic Recovery Act of 2001 be- gone for naught. liamentary elections there, but the fore this Congress adjourns. The latest attempt, the Abuja Agree- Zimbabwean Government pulled the In Zimbabwe we are sadly seeing a ment, has fallen apart, with the dictator there literally burning his visas at the last minute. A U.S. District Court judge in New Mugabe Government intensifying farm country down. I feel that he is very invasions and violence. President desperate there to keep his perks and York recently ruled that Zimbabwe’s governing political party, ZANU–PF, Mugabe’s land reform program has avoid accountability for his crimes. As been to take land and give it to the a consequence of that, he has sanc- was liable for murdering and torturing its political opponents in the run-up to generals and to give it to his political tioned utter anarchy in his homeland associates. Recent reports have him in an attempt to win an election that those elections. The court found that ZANU–PF, in its organized violence now giving land to Libyan business he has been pressured by Zimbabweans partners. into holding. I think that if he had his and methodological terror, worked in tandem with Zimbabwean Government The Mugabe Government has shown way, Mr. Mugabe would undoubtedly little interest in the welfare of the peo- run Zimbabwe as a one-party State as officials. That was in the year 2000. The current Mugabe Government has never ple of Zimbabwe, and that is why we he did run it during the 1980s, but need to move this legislation. Mugabe has spared no means in his at- changed its modus operandi. Mugabe is doing all that he can to Mr. Speaker, I include for the tempt to suppress democratic expres- see that the world is not watching him. RECORD an exchange of letters between sion in Zimbabwe. His ZANU–PF Party The Washington Post and the New the gentleman from Ohio (Chairman thugs have employed murder, mass York Times reporters have been denied OXLEY) of the Committee on Financial beatings, systematic torture, gang visas to cover the chaos there. The Services and Chairman HYDE con- rape, house burning, death threats, and BBC was booted out in July. Foreign cerning the Senate bill, S. 494: every type of police brutality. And journalists are routinely harassed and U.S. HOUSE OF REPRESENTATIVES, while Zimbabwe police are quick to intimidated. COMMITTEE ON FINANCIAL SERV- crack down on peaceful political pro- It is Zimbabwean journalists, though, ICES, tests, violent ZANU–PF operatives are that have borne the brunt of it. News- Washington, DC, November 30, 2001. rarely brought to justice. The paper offices have been bombed. Hon. HENRY J. HYDE, Zimbabwe Lawyers for Human Rights Chairman, Committee on International Rela- Against this, we have seen many pro- tions, Washington, DC. group has observed that it is ‘‘outraged files in courage. Jeff Nyarota, editor of by the continued brutality, lack of re- DEAR MR. CHAIRMAN: I understand that on the Daily News, Zimbabwe’s only inde- November 28, 2001, the Committee on Inter- spect for fundamental human rights pendent newspaper, recently won the national Relations ordered S. 494, the and political partisanship of the New York-based Committee to Protect Zimbabwe Democracy and Economic Recov- Zimbabwe Republic Police.’’ Offices of Journalists Press Freedom Award for ery Act of 2001, reported to the House. As the political opposition there are rou- his courageous work uncovering gov- you know, the Committee on Financial Serv- tinely fire-bombed. Dozens of political ernment corruption. ices was granted the primary referral of the opponents have been murdered in I am certain that this legislation is a bill upon its introduction pursuant to the State-sanctioned violence, yet Mr. morale boost to brave Zimbabwean Committee’s jurisdiction over debt relief and Mugabe does not speak out against other financial assistance under Rule X of journalists who fear that the world ig- the Rules of the House of Representatives. those doing the violence. Instead, nores them. Let me just say a word Because of the importance of this matter President Mugabe calls the peaceful about the economy there. and your commitment to address this Com- political opposition ‘‘terrorists’’ and Predictably, the Zimbabwean econ- mittee’s concerns, I recognize your desire to vows to crush them. omy is now in ruins. With farmland bring this legislation before the House in an H8760 CONGRESSIONAL RECORD — HOUSE December 4, 2001 expeditious manner and will waive consider- Zimbabwe to reengage in normal polit- I want to thank the Committee on ation of the bill by the Financial Services ical and economic activity. This is an International Relations, and particu- Committee. By agreeing to waive its consid- incentives bill, not a sanctions bill, Mr. larly the gentleman from California eration of the bill, the Financial Services Speaker. (Mr. ROYCE), for bringing this issue to Committee does not waive its jurisdiction over S. 494. In addition, the Committee on Our legislation provides that the the fore, Mr. Speaker, and for fighting Financial Services reserves its authority to United States will initiate a plan to for its adoption. I want to applaud the seek conferees on any provisions of the bill promote Zimbabwe’s economic recov- committee for improving the document that are within its jurisdiction during any ery, but only after certain political as it went forward into a bill that we House-Senate conference that may be con- conditions will have been met. These can all support. vened on this legislation. I ask your commit- conditions include restoring the rule of Mr. Speaker, I had the great privilege ment to support any request by the Com- law, ensuring a positive pre-election in the early 1980s of spending time in mittee on Financial Services for conferees environment, pursuing equitable legal Zimbabwe just soon after the transi- on S. 494 or related legislation. tion to independence. There was great I request that you include this letter and and transparent land reform, and en- your response as part of the Congressional suring civilian control of both the mili- hope at that point. The people had Record during consideration of the legisla- tary and the police. hoped that the rule of law and democ- tion on the House floor. The House is acting on this legisla- racy would flourish and take hold. Thank you for your attention to these tion today because, unfortunately, the Twenty years later, that has not been matters. situation in Zimbabwe is increasingly the case. We have a brutal dictator Sincerely, grim. Partisan political violence con- there who simply does not want to give MICHAEL G. OXLEY, doned and encouraged by Mugabe has up power. He does not want to assent Chairman. crippled a once prosperous economy. to the rule and to the will of the peo- Once an exporter of maize, Zimbabwe is ple. U.S. HOUSE OF REPRESENTATIVES, That is unfortunate. With this legis- Washington, DC, November 29, 2001. set to run out by February of this com- lation we hope, and the purpose of it is, Hon. MICHAEL OXLEY, ing year. Without emergency humani- Chairman, Committee on Financial Services, tarian assistance, thousands of to help those forces in Zimbabwe who Washington, DC. Zimbabweans will go hungry, fall prey want to bring back democracy and the DEAR MR. CHAIRMAN: I am writing you con- to disease, and starve. rule of law. Mr. Speaker, I want to caution my cerning the bill S. 494, Zimbabwe Democracy Mugabe has made the so-called land and Economic Recovery Act of 2001, which colleagues, all of us, to avoid the kind question central to his political cam- this Committee ordered reported yesterday. I of drive-by diplomacy that often char- paign and used it to justify pervasive recognize that the bill was jointly referred to acterizes our action in Africa and other violence. He has unleashed so-called the Committee on Financial Services based third world countries, when we will pay on your Committee’s jurisdiction over lan- war veterans and party militants on attention when the issue is hot; and guage relating to debt relief and other finan- black farm workers, white farmers, then after a successor regime comes in, cial assistance. journalists, professionals, academics, we forget about the country and move It is my intention to take this matter up and indeed, anyone who opposes his under suspension of the rules. While recog- on, sometimes leaving sanctions in land seizure policy. nizing your jurisdiction over this subject place or other items that the successor His policy has not unified the coun- matter, I would appreciate your willingness regime has to work out of. to waive your right to consider this bill try behind him. To the contrary, ac- I hope we do not do that. I am without waiving your jurisdiction over the cording to the most recent opinion pleased that this bill is not a sanction general subject matter. I will support the poll, his criminal practice is turning bill; that it seeks to target individuals, Speaker’s naming Members of your Com- the people of Zimbabwe against him. rather than target trade in general. mittee as conferees on the matter should it Mr. Speaker, Zimbabwe’s economic Mr. Speaker, I look forward one day get to conference. and political disaster threatens the soon to saying to the people of As you have requested, I will include this whole of southern Africa. The Presi- exchange of letters in the Record during con- Zimbabwe, coda ko tu, which means in sideration of the resolution. dents of Africa’s three largest econo- Shona, congratulations; congratula- I appreciate your assistance in getting this mies, South Africa, Nigeria, and Alge- tions on a return to free and fair elec- important bill to the floor. ria, recently launched a new Partner- tions and on their return to the rule of Sincerely, ship for Africa’s Development. This law. HENRY J. HYDE, plan calls for a new relationship be- Mr. LANTOS. Mr. Speaker, I am de- Chairman. tween Africa and the international lighted to yield such time as he may Mr. Speaker, I reserve the balance of community; and it is premised on the consume to our distinguished col- my time. African states making commitments to league, the gentleman from New Jersey Mr. LANTOS. Mr. Speaker, I yield good government, democracy, and (Mr. PAYNE), who probably has more myself such time as I may consume. human rights. Zimbabwe, under experience in this part of the world Mr. Speaker, I rise in strong support Mugabe, is the antithesis of this vision. than any of us, and has been a leader of S. 494, the Zimbabwe Democracy and Mr. Speaker, our bill provides a set of on this issue. Economic Recovery Act. incentives for Mugabe and his govern- Mr. PAYNE. I thank the gentleman First, I would like to commend the ment to move in the right direction, for yielding time to me, Mr. Speaker. distinguished chairman of the Sub- away from intimidation, violence, cor- Let me once again commend the gen- committee on Africa, my good friend ruption, and Draconian economic poli- tleman from California (Mr. ROYCE), and fellow Californian, the gentleman cies towards land reform that reflects the chairman of the subcommittee, and from California (Mr. ROYCE), and the the rule of law, policies that restore an the gentleman from Illinois (Mr. ranking minority member, our distin- independent judiciary, allow political HYDE), who brought this before the full guished colleague, the gentleman from competition, and support a free and committee, and as I indicated, the New Jersey (Mr. PAYNE), for their ac- independent media. leadership of the gentleman from Cali- tive pursuit of human rights, democ- Mr. Speaker, I urge all of our col- fornia (Mr. LANTOS) on Committee on racy, and decency in Zimbabwe, and for leagues to vote for this bill. It will send International Relations, on which he their strong support for this legisla- a strong signal to Mugabe that the peo- has served for so many years. tion. ple of America reject the violent situa- Mr. Speaker, Zimbabwe is one of the I also want to thank the gentleman tion he has created and that we support most important countries in Africa. from Illinois (Mr. HYDE), the chairman, the people of Zimbabwe. Many of us remember the people of for expediting the consideration of this Mr. Speaker, I reserve the balance of Zimbabwe’s courageous struggle for important legislation. my time. independence that took many years of Mr. Speaker, the Zimbabwe Democ- Mr. ROYCE. Mr. Speaker, I yield 3 fighting with Mr. Nkomo and Mr. racy and Economic Recovery Act of minutes to the gentleman from Ari- Mugabe and others. 2001 is designed to support the people of zona (Mr. FLAKE). As I recently said in a letter to Presi- Zimbabwe, and provides a clear strat- Mr. FLAKE. Mr. Speaker, I thank dent Mugabe, indeed, post-independ- egy for the United States and the gentleman for yielding time to me. ence Zimbabwe clearly demonstrates December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8761 much of the best of Africa and what Af- lief. Three, it will support lifting of re- fellow African leaders recognize that ricans are capable of doing, despite strictions by the IMF and the World Mugabe’s policies are the reason that decades of repressive white rule, as we Bank. Fourth, we would urge our coun- land reform has not worked. saw in Rhodesia, by Ian Smith’s gov- try to have AGOA, the Africa Growth Mugabe was an important leader but ernment. and Opportunity Act, introduced in he stayed too long. He now cares solely After independence, white Zimbabwe. for his own power, not for the welfare Zimbabweans were embraced, not So this is a bill to say let us have of his people. But he is resorting to vio- chased out of the country, nor mis- transparent elections. Let us allow the lence to hold onto his own power. The treated, as many cynics predicted rule of law. Let us let the independent time for such dictators has passed. would happen. Human rights were parties have their platform told. And There are neighboring countries, Bot- largely respected and the rule of law by doing that we will embrace and we swana, South Africa, Malawi, all of prevailed across the country. will move Zimbabwe back. whom have democratic institutions, Mr. Speaker, Zimbabwe has long been Mr. Speaker, this is a good bill that free press and the rule of law. a model country with a stable govern- will go a long way in strengthening our Mr. LANTOS. Mr. Speaker, I yield ment, a good educational system, and a ties with the people of Zimbabwe who back the balance of my time. modern economy. But in recent years, truly deserve our support. We must be Mr. ROYCE. Mr. Speaker, I yield my- conditions have gone from bad to steadfast in our commitment to the self such time as I may consume. worse, in large part due to poor leader- people of Zimbabwe. We should not and Mr. Speaker, in closing, what a de- ship. The economy is in shambles, must not turn a blind eye to abuses in pressing contrast between Zimbabwe’s human rights abuses are extensive, and Zimbabwe, and therefore I urge all of Robert Mugabe and South Africa’s Nel- there seems to be little respect for the my colleagues to support this legisla- son Mandela. President Mandela prized rule of law. The once vibrant inde- tion. democracy. He prized the rule of law. pendent press is under intense pres- Mr. ROYCE. Mr. Speaker, I yield 3 He stepped down from power when peo- sure, and the independence of the judi- minutes to the gentleman from Lou- ple were telling him he was a king. He ciary has been compromised due to in- isiana (Mr. COOKSEY). brought races together. And we con- trusive government actions. Mr. COOKSEY. Mr. Speaker, I would trast that with the situation where The United States is not the only like to echo the remarks of my friend, President Mugabe threatens his polit- government concerned about the dete- the gentleman from New Jersey (Mr. ical opponents with death. riorating situation in Zimbabwe. Ac- PAYNE). I feel that he knows more and What we have in Zimbabwe is a man cording to an article in today’s New has done more than probably most any- who sends his operatives to terrorize York Times, several neighboring coun- one else in this body for the people of teachers, to terrorize teachers because tries, including South Africa and Bot- Africa. He has been there many times. they are the poll guards basically, they swana, have expressed their frustra- He knows it well and he has worked are the individuals who do the moni- tions with the government of hard. toring of the elections; to terrorize the Zimbabwe’s obstructionist behavior. The chairman of the subcommittee, doctors, and to terrorize others work- The Zimbabwe Democracy and Eco- the gentleman from California (Mr. ing for a better future. nomic Recovery Act is a small effort ROYCE) has worked equally hard and, I A recent Zimbabwe Catholic Bishops’ on our part to help bring much needed feel, been equally effective. Conference Pastoral letter noted, ‘‘Vio- stability to Zimbabwe. Why this legis- What does this bill call for? This bill lence, intimidation, and threats are the lation now and why Zimbabwe? Simple: calls for support of democratic institu- tools of failed politicians.’’ They are Zimbabwe is too important to ignore, tions. It calls for a free press and inde- the dastardly tools of the men now rul- and the legislation offers a credible pendent media. And yes, it calls for the ing Zimbabwe. policy option to deal with the chal- rule of law, including private property The political opposition in Zimbabwe lenges that face Zimbabwe today. rights. These seem like simple expecta- deserves credit for remaining peaceful Unfortunately, the situation in tions, but yet they would be major, in the face of violence. For years now, Zimbabwe is deteriorating by the day. major advances for the people of its members have been beaten, they Dozens of people have been killed, the Zimbabwe. have been tortured, they have been rule of law is nonexistent, and authori- What does this bill offer? What does killed; and they have resisted going on tarian tendencies have reached a very it threaten? First, there are no sanc- an offensive throughout this. Their dis- dangerous level. tions involved. There is the offer of cipline will be further tested in the I strongly believe it is in our inter- debt relief and there is the offer of aid coming months as the Mugabe regime ests and in the interests of Zimbabwe for land reform if the people of provokes unrest to legitimize canceling and Africa not to allow another Afri- Zimbabwe, if the Government of the elections. can country to go down this way. Zimbabwe is able to carry out these I hope that the political opposition changes. remain steadfastly committed to non- b 1515 Land reform seems to be the major violence. I have great confidence in the Instability in Zimbabwe threatens issue. I appreciate those calling for brave Zimbabweans who are struggling the entire sub-region of southern Afri- land reform and I agree that land re- against tyranny so that their country ca. We cannot afford to have another form is the key to Zimbabwe’s future. can begin to reach its potential. Somalia in southern Africa. But why has land reform not worked in The legislation we are considering Mr. Speaker, some people have delib- Zimbabwe? Basically Mugabe has es- today lays a foundation for the U.S. to erately portrayed this legislation as sentially stolen the money that he had contribute to that future, and I ask punitive, and sanction legislation. that had been given to this country to that my colleagues support Senate bill They are dead wrong. What are the key carry out land reform. He distributes 494. objectives? Simply put, Zimbabwe De- the land that has already been pur- Mr. BEREUTER. Mr. Speaker, this Member mocracy and Economic Recovery Act chased, purchased with international rises in strong support of S. 494, the has three key objectives. One, a just money in many cases, a major portion Zimbabwe Democracy and Economic Recov- and equitable land reform, consistent of it from the U.K., and there were ery Act of 2001. This Member would like to with the rule of law. Two, a conducive countries lined up in 1998 to give a thank the Chairman of the House International environment for free and fair elections. major amount of money to this coun- Relations Committee, the distinguished gen- And, three, the respect for human try. But Zimbabwe under the leader- tleman from Illinois (Mr. HYDE), for bringing rights and the rule of law. ship of Mugabe has given this land, the this measure to the Floor expeditiously after Mr. Speaker, if the above conditions money, to his political cronies, to the the Committee’s consideration of it. In addi- are met by the Government of fat cats, to the generals, to his polit- tion, this Member would like to thank the Zimbabwe, the legislation, one, author- ical supporters. He distributes the land Chairman of the House Financial Services izes $20 million for land reform, and an that has already been purchased to his Committee, the distinguished gentleman from additional $6 million to promote de- allies and not to the people of Ohio (Mr. OXLEY) for his supportive role in this mocracy. Two, it will assist in debt re- Zimbabwe who need it. Even Mugabe’s legislation. This Member also appreciates the H8762 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Chairman of the International Relations Sub- duced H.R. 2871, the Export-Import Bank Re- litical conditions are met, such as, restoring committee on Africa, the distinguished gen- authorization Act of 2001, which, among other the rule of law, conducting fair political elec- tleman from California (Mr. ROYCE), for his things, would reauthorize this Sub-Saharan Af- tions, and providing for equitable and legal longstanding dedication to following U.S. for- rica Advisory Committee for four years until land reform, that the U.S. will initiate an eco- eign policy toward Africa. Indeed, there are FY2005. This legislation, which passed the nomic recovery policy. It also provides finan- few Members in this Body who can have so House Financial Services Committee on Octo- cial incentives, which include bilateral debt re- convincingly outlined the horrific atrocities ber 31, 2001, would also create an Office on lief and U.S. support for similar action with the which Zimbabwe’s President Robert Mugabe Africa to further enhance the Ex-Im Bank’s International Financial Institutions. has committed against the people of emphasis on Africa. This bill offers an opportunity for the U.S. Zimbabwe. Additionally, this Member is very pleased and Zimbabwe to re-engage on the road to The Zimbabwe Democracy and Economic that in lieu of the Southern Africa Finance democracy and economic recovery. It recog- Recovery Act of 2001 sets up a Presidential Center originally included in S. 494, the Bush nizes the need for land reform and for the first certification process for Zimbabwe which is administration has announced the creation of time provides tangible U.S. support for its contingent upon the following: restoration of an Africa Regional Trade and Development achievement. It authorizes $20m for land re- the rule of law; certain electoral and land own- Office which will be located in Johannesburg, form efforts and $6m for democracy and gov- ership reforms; fulfillment of agreement ending South Africa, and will serve all of Sub-Saharan ernance. war in the Democratic Republic of Congo; and Africa. This announcement was made after the This piece of legislation is very important to military and national police subordination to Senate considered and passed S. 494. the friends of Africa who are dedicated to the civilian government in Zimbabwe. Until this Through this office, the TDA, which will stopping civil conflict which impedes develop- Presidential certification is made, and except serve as the lead agency at the center, can ment and who continue to work on increasing as may be required to meet basic human more closely coordinate its trade development trade opportunities and promoting economic needs or for good governance, this legislation and promotion activities in the region with growth for African nations. would require the Secretary of the Treasury to local governments and with U.S. representa- I stand today in support of this bill and urge instruct the United States Executive Director to tives already on the ground. Perhaps some all of my colleagues to also show their support each international financial institution (IFI) to day Zimbabwe might serve as an appropriate for a democratic and prosperous future in oppose and vote against both of the following: location for a branch office of the Africa Re- Zimbabwe and the southern region of Africa. (1) any extension by the respective institution gional Trade and Development Office. Until Mr. GILMAN. Mr. Speaker, I rise to voice of any loan, credit, or guarantee to the Gov- then, the Administration’s proposal appears to my support for S. 494, which declares that it ernment of Zimbabwe; or (2) any cancellation be the most viable option to provide Sub-Sa- is U.S. policy to support the Zimbabwean peo- or reduction of indebtedness owed by the haran Africa with the access to economic de- ple in their struggles to effect peaceful, demo- Government of Zimbabwe to the United States velopment and trade promotion tools which cratic change, achieve broad-based and equi- or any international financial institution. This the region desperately needs to build eco- table economic growth, and to restore the rule Member is pleased that it is currently the Ad- nomic stability. of law to that troubled country. Furthermore, I Mr. Speaker, this Member encourages his ministration’s policy for U.S. representatives to fully support the bill’s authorization of addi- colleagues to vote for S. 494. tional funding to non-governmental organiza- the IFIs to oppose and vote against loans and Mr. RANGEL. Mr. Speaker, I rise today in tions working with the people of Zimbabwe to debt restructuring for Zimbabwe. support of important legislation, S. 494, the It is important to note that, in September promote good governance and the rule of law. Zimbabwe Democracy and Recovery Act. First 1999, the International Monetary Fund sus- Today, Zimbabwe continues to face difficult and foremost, I want to thank Mr. ROYCE and pended its ‘‘Stand By Arrangement,’’ which social, economic and political problems. The Mr. PAYNE, for bringing this important piece of goal of U.S. policy toward Zimbabwe must be had been approved the prior month, for eco- legislation to the floor. Unlike previous bills to assist its development into a stable, free- nomic adjustment and reform in Zimbabwe. In that sought to penalize the people of market democracy, both as a goal in itself and addition, the International Development Asso- Zimbabwe, this bill offers incentives to help as a bulwark against regional instability and ciation, which is the concessional window of guide their nation on a path of political and conflict. However, this cannot be achieved the World Bank, suspended all structural ad- economic reform with United States assist- until the government of Zimbabwe undertakes justment loans, credits, and guarantee to the ance. Government of Zimbabwe in October of 1999. I have watched the Zimbabwe crisis unfold comprehensive reforms to enfranchise its peo- Furthermore, during the International Rela- over the past several years and am deeply ple politically and economically. tions Committee’s consideration of S. 494, this concerned about the increasing repression The essential foundations of freedom and Member offered an amendment which struck and violence which has created deepening democracy are free and fair elections, a free from the legislation a provision which would concern over the manner in which the upcom- and open press, and the development of have created a Southern Africa Finance Cen- ing elections will be conducted. Our hope in democratic institutions based on the rule of ter to be located in Zimbabwe. The center was the Congress is that Zimbabwe will become a law. However, all evidence points to the con- to have included regional offices for the Over- model for other democracies around the world clusion that these institutions do not currently seas Private Investment Corporation (OPIC), by ensuring that the upcoming elections are exist in Zimbabwe, and that respect for the the Export-Import Bank (Ex-Im), and the Trade executed in a free and fair manner which rule of law is seriously lacking. I regret that a and Development Agency (TDA). assures full participation by all its citizens and sense of Congress is necessary to express While it is important for the U.S. to offer in- manifests the will of the people. our view that sanctions must be necessary to centives to Zimbabwe to encourage political The challenges that the nation of Zimbabwe bring about the necessary reforms and de- and economic reform, it is critical that those faces are great. Zimbabwe is plagued with a mocracy to Zimbabwe. Let me be clear: our carrots be appropriate for the conditions. Even horrific economic crisis that is characterized by goal is not to harm the people of Zimbabwe with significant changes in Zimbabwe’s polit- extreme poverty, food shortages, and wide- but rather to send a clear signal to its govern- ical climate, the country simply will not have spread loss of jobs and negative economic ment that an expeditious transition to democ- the infrastructure in the near future to support growth. These problems must be seriously ad- racy is imperative. The people of Zimbabwe such a center for the entire region. Addition- dressed and dealt with in this nation’s recov- have waited much too long and endured far ally, this center would be a completely new ery efforts, but they cannot be unless political too many hardships, and clearly deserve bet- endeavor for two of the U.S. agencies—name- stability is achieved. ter. ly OPIC and the Ex-Im Bank—neither of which It is of the utmost importance that stability I also want to voice my concern with re- currently have offices outside of the U.S. and economic viability are restored to the peo- gards to Libya’s attempts to establish military However, that is not to say that the agen- ple of Zimbabwe. I believe that this bill, the ties with the government of Zimbabwe. I hope cies cannot or should not play a critical role in Zimbabwe Democracy and Recovery Act of that the Zimbabwe government sees its future stabilizing the region’s economic health. In- 2001, is the first step in achieving this end in an alignment with Western democracies deed, this Member would like to commend the goal. Through the passage of this bill, not only and not with state-sponsors of terrorism such Ex-Im Bank for developing a Sub-Saharan Af- will Zimbabwe benefit, but the entire southern as Libya. rica Advisory Committee which has facilitated region of Africa that has been impacted by this We truly hope the government of Zimbabwe a dramatic increase in Ex-Im’s investment in crisis will also stand to benefit from the pas- takes advantage of the opportunities pre- Africa. As the Chairman of the House Finan- sage of this legislation. sented by this legislation, and will seek to cial Services Subcommittee on International The Zimbabwe Democracy and Recovery build better relations with the United States. Monetary Policy and Trade, this Member intro- Act of 2001 provides that when imperative po- Should the government of Zimbabwe choose December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8763 to improve its democratic record, and establish widespread development of democratic prin- any information regarding the call that such good governance and the rule of law, its suc- ciple that place the benefits of good govern- service is capable of providing; and cess will serve as a model for other countries ance in the hands of citizens and not politi- ‘‘(B) to fail to provide caller identification information in a manner that is accessible in the region. cians. This legislation demonstrates to the rest by a caller identification service, if such per- Ms. JACKSON-LEE of Texas. Mr. Speaker, of the world that we stand for the principles of son has capability to provide such informa- I rise in support of this legislation, which re- freedom and democracy above all. tion in such a manner. news our commitment to the stabilization of Mr. ROYCE. Mr. Speaker, I have no For purposes of this section, the use of a the Zimbabwean democracy and reaffirms our further requests for time, and I yield telecommunications service or equipment commitment to the establishment of demo- back the balance of my time. that is incapable of transmitting caller iden- cratic principles throughout the African sub- The SPEAKER pro tempore (Mr. tification information shall not, of itself, continent. PETRI). The question is on the motion constitute interference with or circumven- This legislation sends a strong message to offered by the gentleman from Cali- tion of the capability of a caller identifica- tion service to access or provide such infor- the rest of the world regarding our intentions fornia (Mr. ROYCE) that the House sus- mation. toward Zimbabwe with its opening language: pend the rules and pass the Senate bill, ‘‘It is the policy of the United States to support ‘‘(2) REGULATIONS.—Not later than 6 S. 494, as amended. months after the enactment of the Know the people of Zimbabwe in their struggle to ef- The question was taken. Your Caller Act of 2001, the Commission fect peaceful, democratic change, achieve The SPEAKER pro tempore. In the shall prescribe regulations to implement this broad-based and equitable economic growth, opinion of the Chair, two-thirds of subsection, which shall— and restore the rule of law.’’ those present have voted in the affirm- ‘‘(A) specify that the information regard- The need for such a forthright statement ative. ing a call that the prohibition under para- from this nation has been pressing for some Mr. LANTOS. Mr. Speaker, on that I graph (1) applies to includes— ‘‘(i) the name of the person or entity who time. International news agencies have chron- demand the yeas and nays. icled the decent into political anarchy within makes the telephone call involved in the so- The yeas and nays were ordered. licitation; Zimbabwe over the last year, as armed bands The SPEAKER pro tempore. Pursu- of ‘‘veterans’’ attacked homesteads and other ‘‘(ii) the name of the person or entity on ant to clause 8 of rule XX and the whose behalf the solicitation is made; and economic and farming interests with the sup- Chair’s prior announcement, further ‘‘(iii) a valid and working telephone num- port of the Mugabe regime. These interests proceedings on this motion will be ber at which the person or entity on whose claim an unfair distribution of resources in the postponed. behalf the telephone solicitation is made nation, and highlight the need for positive ac- may be reached during regular business tion by the United States. f hours for the purpose of requesting that the Mr. Speaker, Zimbabwe is a nation of many recipient of the solicitation be placed on the MESSAGE FROM THE SENATE needs. HIV/AIDS is ravaging the population at do-not-call list required under section 64.1200 a rate of 25%, and the current average life ex- A message from the Senate by Mr. of the Commission’s regulations (47 CFR pectancy of her citizens is only 37 years. The Monahan, one of its clerks, announced 64.1200) to be maintained by such person or entity; and nation had a protracted role in the war in the that the Senate agrees to the report of the committee of conference on the ‘‘(B) provide that a person or entity may Democratic Republic of Congo, and this action not use such a do-not-call list for any pur- and other budgetary mismanagement issues disagreeing votes of the two Houses on pose (including transfer or sale to any other have resulted in Zimbabwe being ineligible for the amendment of the Senate to the person or entity for marketing use) other IMF and International Bank for Reconstruction bill (H.R. 2299) ‘‘An Act making appro- than enforcement of such list. and Development programs, further stressing priations for the Department of Trans- ‘‘(3) PRIVATE RIGHT OF ACTION.—A person or the people of this nation. portation and related agencies for the entity may, if otherwise permitted by the Mr. Speaker, this legislation allows the U.S. fiscal year ending September 30, 2002, laws or rules of court of a State, bring in an to acknowledge both the dire economic and and for other purposes.’’. appropriate court of that State— social needs of the Zimbabweans while seek- ‘‘(A) an action based on a violation of this f subsection or the regulations prescribed ing a positive resolution of the political crisis under this subsection to enjoin such viola- that animates this struggle. This legislation di- KNOW YOUR CALLER ACT OF 2001 tion; rects the U.S. government to restructure or Mr. TAUZIN. Mr. Speaker, I move to ‘‘(B) an action to recover for actual mone- forgive loans contributing to the sovereign suspend the rules and pass the bill tary loss from such a violation, or to receive debt of Zimbabwe by any agency of the U.S. (H.R. 90) to amend the Communica- $500 in damages for each such violation, government. This act also creates a Southern tions Act of 1934 to prohibit tele- whichever is greater; or ‘‘(C) both such actions. Africa Finance Center to be located within marketers from interfering with the Zimbabwe that will coordinate the regional of- caller identification service of any per- If the court finds that the defendant will- fully or knowingly violated this subsection fices of OPIC, Eximbank, and TDA in order to son to whom a telephone solicitation is help with the economic stabilization of or the regulations prescribed under this sub- made, and for other purposes, as section, the court may, in its discretion, in- Zimbabwe. amended. Thus, Mr. Speaker, Congress has provided crease the amount of the award to an The Clerk read as follows: amount equal to not more than 3 times the good incentives for the political leaders in H.R. 90 amount available under subparagraph (B) of Zimbabwe to work towards reestablishing the this paragraph. Be it enacted by the Senate and House of Rep- rule of law for their people. These benefits will ‘‘(4) DEFINITIONS.—For purposes of this sub- resentatives of the United States of America in only accrue to Zimbabwe if the President cer- section: Congress assembled, tifies that the rule of law and respect for own- ‘‘(A) CALLER IDENTIFICATION SERVICE.—The ership, property, and freedom of speech has SECTION 1. SHORT TITLE. term ‘caller identification service’ means been restored; that the next Zimbabwean elec- This Act may be cited as the ‘‘Know Your any service or device designed to provide the Caller Act of 2001’’. tion is a free and fair contest; that transparent user of the service or device with the tele- land reform procedures are enacted; that SEC. 2. PROHIBITION OF INTERFERENCE WITH phone number of an incoming telephone call. CALLER IDENTIFICATION SERVICES. ‘‘(B) TELEPHONE CALL.—The term ‘tele- Zimbabwe contributes a good faith effort to the Section 227 of the Communications Act of phone call’ means any telephone call or Lusaka Accords ending the war in the Demo- 1934 (47 U.S.C. 227) is amended— other transmission which is made to or re- cratic Republic of Congo; and that the military (1) by redesignating subsections (e) and (f) ceived at a telephone number of any type of and national police in the nation are ‘‘respon- as subsections (f) and (g), respectively; and telephone service and includes telephone sible to and serve the elected civilian govern- (2) by inserting after subsection (d) the fol- calls made using the Internet (irrespective of ment. These requirements can be waived, lowing new subsection: the type of customer premises equipment however, if the President deems it in the na- ‘‘(e) PROHIBITION ON INTERFERENCE WITH used in connection with such services). Such tional interest to do so. CALLER IDENTIFICATION SERVICES.— term also includes calls made by an auto- Fulfillment of these requirements will be a ‘‘(1) IN GENERAL.—It shall be unlawful for matic telephone dialing system, an inte- any person within the United States, in grated services digital network, and a com- hard task, and thus this legislation includes making any telephone solicitation— mercial mobile radio source.’’. monies for the land reform and democracy ‘‘(A) to interfere with or circumvent the SEC. 3. EFFECT ON STATE LAW AND STATE AC- and governance programs in Zimbabwe. capability of a caller identification service TIONS. Mr. Speaker, in these times of global uncer- to access or provide to the recipient of the (a) EFFECT ON STATE LAW.—Subsection tainty, the ever present goal of the U.S. is the telephone call involved in the solicitation (f)(1) of section 227 of the Communications H8764 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Act of 1934 (47 U.S.C. 227(f)(1)), as so redesig- In fact, telemarketing complaints Jersey (Mr. FRELINGHUYSEN), the spon- nated by section 2(1) of this Act, is further lodged with the Federal Trade Commis- sor of H.R. 90, who did excellent work amended by inserting after ‘‘subsection (d)’’ sion seem to support these consumer here in crafting this legislation. the following: ‘‘and the prohibition under concerns. In 1997, for example, there Consumers who want to exercise paragraphs (1) and (2) of subsection (e),’’. (b) ACTIONS BY STATES.—The first sentence were 2,260 complaints. In 2000, there their right to be placed on a do-not-call of subsection (g)(1) of section 227 of the Com- were 36,804 complaints, a significant in- list, or to take a telemarketer to small munications Act of 1934 (47 U.S.C. 227(g)(1)), crease. claims court after being called, are as so redesignated by section 2(1) of this Act, H.R. 90 takes these consumer com- often frustrated when they cannot get is further amended by striking ‘‘telephone plaints seriously. With the excellent the caller ID information from the calls’’ and inserting ‘‘telephone solicitations, work of the author, the gentleman telemarketer to identify them. telephone calls,’’. from New Jersey (Mr. FRELINGHUYSEN), This legislation prohibits tele- SEC. 4. STUDY REGARDING TRANSMISSION OF we can remove the cloak of secrecy marketers from interfering with or cir- CALLER IDENTIFICATION INFORMA- that fraudulent telemarketers use to TION. cumventing the capability of caller ID The Federal Communications Commission swindle their victims. No longer will services. Telemarketers who solicit the shall conduct a study to determine— telemarketers be able to hide behind public in their homes for commercial (1) the extent of the capability of the pub- the anonymous telephone call. gains should not be permitted to evade lic switched network to transmit the infor- H.R. 90 prohibits telemarketers from the purpose and function of caller ID mation that can be accessed by caller identi- blocking the transmission of caller ID services. This bill will prevent the tele- fication services; information. In addition, this bill re- marketers from doing so, while further (2) the types of telecommunications equip- quires telemarketers to send caller ID ment being used in the telemarketing indus- empowering consumers to control the information if their equipment is capa- communications going to and from try, the extent of such use, and the capabili- ble to do so. What this means is that ties of such types of equipment to transmit their home. the information that can be accessed by call- the flashing signals on caller ID boxes, Mr. Speaker, the bottom line is the er identification services; and ‘‘caller unknown,’’ or ‘‘out of area’’ telecommunications revolution gives (3) the changes to the public switched net- will no longer protect the scam artist. enormous opportunities for tele- The transmission of caller identifica- work and to the types of telecommuni- marketers, but it also gives opportuni- tion information is so important to cations equipment commonly being used in ties for consumer power. These powers the telemarketing industry that would be consumers, not only for safety and pri- should include the ability, by using necessary to provide for the public switched vacy reasons, but also because it pro- caller ID, to prevent information from network to be able to transmit caller identi- vides the consumer with a telephone going to their family which they deem fication information on all telephone calls, number that can be used to place the and believe is inappropriate. and the costs (including costs to the tele- consumer on what is known as a tele- marketing industry) to implement such I think this information strikes a marketer’s ‘‘do-not-call’’ list. You see, changes. good balance between the rights of con- if you know who is calling you and you The Commission shall complete the study sumers to protect their privacy and the do not want them to call him again, and submit a report to the Congress on the rights of telemarketers to practice under the law, you can put a call in and results of the study, not later than one year their trade. This bill allows consumers after the date of the enactment of this Act. say do not call me anymore; I do not want to be bothered anymore. By being to use the best available technology to The SPEAKER pro tempore. Pursu- protect their privacy but does not ant to the rule, the gentleman from placed on a do-not-call list, the tele- marketer is prohibited from calling allow telemarketers to start a de facto Louisiana (Mr. TAUZIN) and the gen- race to outsmart this technology. tleman from Texas (Mr. GREEN) each back for the next 10 years. That will protect you for a while. I congratulate the gentleman from will control 20 minutes. New Jersey (Mr. FRELINGHUYSEN). The Chair recognizes the gentleman Additionally, the bill takes steps to prevent the sale of do-not-call lists, Mr. Speaker, I reserve the balance of from Louisiana (Mr. TAUZIN). which is currently allowed under the my time. GENERAL LEAVE law. b 1530 Mr. TAUZIN. Mr. Speaker, I ask I have worked with the gentleman Mr. TAUZIN. Mr. Speaker, I am unanimous consent that all Members from Michigan (Mr. DINGELL) on bipar- pleased to yield as much time as he may have 5 legislative days within tisan amendment efforts to clarify this may consume to the gentleman from which to revise and extend their re- point. To remedy this loophole, H.R. 90 New Jersey (Mr. FRELINGHUYSEN), the marks and insert extraneous material prohibits telemarketers from selling, author of the legislation. on this legislation. leasing or receiving anything of value Mr. FRELINGHUYSEN. Mr. Speaker, The SPEAKER pro tempore. Is there for these do-not-call lists. Few things I thank the gentleman from Louisiana objection to the request of the gen- are more offensive than being asked to (Mr. TAUZIN) for yielding me the time, tleman from Louisiana? be placed on a do-not-call list, only to and I want to commend him and the There was no objection. have your name sold to another direct gentleman from Michigan (Mr. DIN- Mr. TAUZIN. Mr. Speaker, I yield mail company. myself such time as I may consume. This amendment respects and pro- GELL), the ranking member, and all Mr. Speaker, H.R. 90, the Know Your tects the privacy requests of the con- Members for their assistance in getting Caller Act, by my good friend the gen- sumer and should prevent an increase this bill to the floor, particularly the tleman from New Jersey (Mr. FRELING- in unwanted telephone solicitations. gentleman from Louisiana (Mr. TAU- HUYSEN), deals with the controversial I believe this bill strikes a good bal- ZIN), who has been very helpful. He has business practice of telemarketing. ance between the consumers’ right to been very supportive, and he has been There are thousands of reputable privacy and safety and the tele- personally very interested in this bill. telemarketing companies and they pro- marketers’ legitimate business inter- H.R. 90 would not be here without his vide a benefit to the public by offering ests. It protects consumers as well as support and the way that he has helped a broad range of consumer products the very thriving commercial industry me along the way. and business opportunities. These com- and, indeed, protects the good players Mr. Speaker, the Know Your Caller panies employ hundreds of thousands from the bad consequences of bad ac- Act will provide a simple but impor- of citizens across this country and they tors. tant consumer protection. Many con- fuel this economy with literally bil- I support this bill and urge support sumers purchase and pay for caller ID lions of dollars. from the House as well. service and caller ID equipment for Increasingly, however, telemarketers Mr. Speaker, I reserve the balance of several reasons: In the first instance, are the cause of complaints. Consumers my time. to protect their privacy; secondly, they are concerned that telemarketers are Mr. GREEN of Texas. Mr. Speaker, I provide for their personal security by intruding into their homes, and we yield myself such time as I may con- identifying incoming calls and allow continue to hear stories about tele- sume. them the opportunity to decide before marketing schemes that separate con- Mr. Speaker, I want to begin by com- picking up the receiver, whether or not sumers from their hard-earned money. plimenting the gentleman from New to answer the call. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8765 Guess what, some of the most fre- Again, I want to thank the gen- Mr. TAUZIN. Mr. Speaker, I yield quent calls, those from telemarketers, tleman from New Jersey (Mr. FRELING- myself such time as I may consume. not all telemarketers but many, appear HUYSEN) for his absolute perseverance Mr. Speaker, I rise today in support with a message Out of the Area or Call- in seeing to it that this bill is passed of House Concurrent Resolution 277, er Unknown. Mr. Speaker, tele- again this year. Hopefully, it will be- recognizing the important contribu- marketing is a commercial enterprise. come law and consumers will be much tions of the United States Hispanic As such, what would be the reason for better off for it and he will be a hero. Chamber of Commerce. not disclosing a business telephone A lot of Americans have been troubled The Hispanic community is booming number? There simply is no reason. by this, and I commend this bill to the in this country. In fact, it has become I believe that all commercial enter- House. the fastest-growing segment of our Na- prises that use the telephone to adver- Mr. Speaker, I yield back the balance tion’s population; and by the year 2010, tise or sell their services to encourage of my time. Hispanics will become the largest mi- the purchase of property or goods or The SPEAKER pro tempore (Mr. nority group in the United States and for any other good commercial pur- PETRI). The question is on the motion by 2050 will comprise nearly 25 percent poses should be required to have the offered by the gentleman from Lou- of the entire U.S. population. name of their business and their busi- isiana (Mr. TAUZIN) that the House sus- One sector within the Hispanic com- ness telephone number disclosed on pend the rules and pass the bill, H.R. munity that has been experiencing es- caller ID boxes. Some telemarketing 90, as amended. pecially rapid growth over the past few enterprises purposely block out caller The question was taken; and (two- years is the small business community. ID devices; yet these same companies thirds having voted in favor thereof) At present, it is estimated that there know a person’s name, address, and the rules were suspended and the bill, are over 1.5 million Hispanic-owned telephone number. Is it not only fair as amended, was passed. small businesses in the country. that they share their company name A motion to reconsider was laid on Created in 1979 by a handful of dedi- and their telephone number so a person the table. cated Hispanic leaders, the U.S. His- can make sure that they are a legiti- f panic Chamber of Commerce has helped mate company, that they are who they to realize the enormous potential of RECOGNIZING IMPORTANT CON- say they are? the Hispanic business community in TRIBUTIONS OF HISPANIC CHAM- Also, if my colleagues are like me these United States, and the U.S. His- BER OF COMMERCE and politely ask to have their name re- panic Chamber of Commerce has moved from their list, I think we Mr. TAUZIN. Mr. Speaker, I move to worked tirelessly to bring the issues of should also be able to track the name suspend the rules and agree to the con- the Nation’s Hispanic-owned businesses and number of these telemarketing current resolution (H. Con. Res. 277) to the national economic agenda and callers to ensure that they do not call recognizing the important contribu- drives the engine of economic growth. back again. My legislation will simply tions of the Hispanic Chamber of Com- Today, we thank them for increasing require any person making a telephone merce. their contribution to the strength of solicitation to clearly identify them- The Clerk read as follows: this country. selves on these devices. H. CON. RES. 277 It is a good resolution. My mother, Mr. Speaker, this legislation will Whereas the Hispanic Chamber of Com- Ms. Enola Martinez Tauzin, appreciates help separate legitimate telemarketers merce of the United States has had a signifi- it personally; and I urge the House to from fraudulent ones. While the major- cant impact among Hispanic businesses, and adopt it. ity of telemarketers are legitimate in the business community in general; Mr. Speaker, I reserve the balance of business people attempting to sell a Whereas the Hispanic Chamber of Com- my time. merce has served in a key support role, not Mr. TOWNS. Mr. Speaker, I yield my- product or service, there are some un- merely as a business group but also as a civic scrupulous individuals and companies self such time as I may consume. organization working in the Hispanic-Amer- I rise in strong support of this resolu- violating existing telemarketing rules ican community; and and scamming many customers. Whereas the Hispanic Chamber of Com- tion, H. Con. Res. 277, which recognizes Consumers pay a monthly service fee merce has helped to bring entrepreneurship the important contributions of the His- to subscribe to the caller ID service be- to the Hispanic community as well as help- panic Chamber of Commerce. The cause they want to protect their per- ing to pool the resources and talents of His- chamber’s mission, to actively promote sonal privacy and their pocketbooks, panic American entrepreneurs: Now, there- the economic growth and development but they have little recourse to protest fore, be it of Hispanic entrepreneurs, is important Resolved by the House of Representatives (the to the free market process and the suc- intrusions on their privacy because Senate concurring), That it is the sense of most telemarketers intentionally Congress that it is important to the pro- cess of Hispanic Americans. Especially block their identity from being trans- motion of the free market process of the during these times of economic hard- mitted to caller ID devices. United States, to the future success of His- ship, I fully expect that the Hispanic Mr. Speaker, we already require tele- panic Americans, and to society at large business community will be an engine marketers to identify themselves over that the special role of the Hispanic Cham- for growth and recovery benefiting our the telephone and via telephone fax ber of Commerce of the United States be rec- whole economy. transmission. This bill simply extends ognized and further cultivated to the benefit In the 5-year period from 1992 to 1997, of all Americans. the protection to consumers with call- Hispanic businesses across the Nation er ID devices. The SPEAKER pro tempore. Pursu- grew about 82 percent. The programs, Mr. Speaker, I express my thanks for ant to the rule, the gentleman from services and support that the chamber this opportunity. This bill passed Louisiana (Mr. TAUZIN) and the gen- continues to offer the more than 200 unanimously in the last session; and tleman from New York (Mr. TOWNS) local chambers across this Nation have again, I thank the gentleman from each will control 20 minutes. been integral to the success and vital- Louisiana (Mr. TAUZIN) for his support The Chair recognizes the gentleman ity of these Hispanic businesses. of it. from Louisiana (Mr. TAUZIN). I have seen the effects of the cham- Mr. GREEN of Texas. Mr. Speaker, I GENERAL LEAVE ber’s initiatives in my own 10th Con- yield myself such time as I may con- Mr. TAUZIN. Mr. Speaker, I ask gressional District in Brooklyn. The sume. unanimous consent that all Members Hispanic community has produced I say in closing that this is a good may have 5 legislative days within some of the most exciting entrepre- bill. I especially appreciate the ability which to revise and extend their re- neurial initiatives, enriching Brooklyn of individuals and the private cause of marks and include extraneous material for all of its residents. From small action that is in the legislation. on H. Con. Res. 277. stores and bodegas to supermarkets Mr. Speaker, I yield back the balance The SPEAKER pro tempore. Is there like Compare Market and ABC Bev- of my time. objection to the request of the gen- erages to large construction companies Mr. TAUZIN. Mr. Speaker, I yield tleman from Louisiana? like Park Avenue Building and Roofing myself such time as I may consume. There was no objection. Supplies, Hispanic-owned businesses H8766 CONGRESSIONAL RECORD — HOUSE December 4, 2001 employ hundreds of residents as well as make tremendous contributions to the nation. Importantly, the Chamber has maintained adding to the economic viability of our Minority owned businesses are growing and international trade as one of its top long term neighborhoods. creating jobs faster than other companies. priorities, even maintaining an office in Mexico Since its formation in 1979, the His- In 1979, realizing the enormous potential of City. The Hispanic Chamber of Commerce panic Chamber of Commerce has rep- the Hispanic business community in the provides and promotes the kind of private sec- resented the interests of more than 1.2 United States and the need for a national or- tor trade initiatives and assistance that I be- million Hispanic-owned businesses in ganization to represent its interests, the United lieve all of us can support. the United States and Puerto Rico. In States Hispanic Chamber of Commerce Mr. Speaker, I am gratified to be able to addition to its annual convention fea- (USHCC) was incorporated in my home state bring to the Floor today this resolution to rec- turing hundreds of domestic and inter- of New Mexico, creating a structured organiza- ognize the important contributions of the national exhibitors, the chamber also tion aimed at developing a business network United States Hispanic Chamber of Com- supports Hispanic businesses with leg- that would provide the Hispanic community merce and ask for the support of members in islative and governmental affairs serv- with cohesion and strength. Since its incep- passing this item. ices, business development and mar- tion, the USHCC has worked towards bringing Mr. TOWNS. Mr. Speaker, I have no keting services, and active promotion the issues and concerns of the nation’s more further requests for time, and I yield of international trade by networking than 1.2 million Hispanic-owned businesses to back the balance of my time. with Latin American governments. the forefront. Mr. TAUZIN. Mr. Speaker, I have no Through its Empowerment Through Throughout the years, the Albuquerque further requests for time, and I yield Entrepreneurship Initiative, the cham- Hispano Chamber of Commerce has improved back the balance of my time. ber has also established a $20 million the quality of life in the Middle Rio Grande The SPEAKER pro tempore. The venture capital fund and, in partner- corridor by promoting economic and education question is on the motion offered by ship with the Ford Motor Company, activities, with an emphasis on small business. the gentleman from Louisiana (Mr. has formed a bilingual National Direc- This has also been a great year for the Al- TAUZIN) that the House suspend the tor of Hispanic Businesses. It has also buquerque Hispano Chamber of Commerce. rules and agree to the concurrent reso- sewn the seeds of entrepreneurship by The Chamber officially opened the doors to lution, H. Con. Res. 277. sponsoring programs for Hispanic their Barelas Job Opportunity Center. This The question was taken; and (two- youth such as Bizfest and funding His- center houses a state-of-the-art technology lab thirds having voted in favor thereof) panic scholarship programs. and will focus on work force development and the rules were suspended and the con- The chamber’s contributions to the entrepreneur opportunities. The facility is also current resolution was agreed to. Hispanic business community have and home to the U.S. Small Business Administra- A motion to reconsider was laid on will continue to enrich all of our lives. tion Business Information Center and the Sen- the table. I urge my colleagues to join me in giv- ior Corp of Retired Executives. This Center is ing the Hispanic Chamber of Commerce a hub for consultations on how to grow a busi- f the recognition that it deserves. ness, start a business, manage a business or EXPRESSING SENSE OF CONGRESS Mr. TOWNS. Mr. Speaker, I yield capitalize a business. REGARDING TUBEROUS SCLEROSIS such time as he may consume to the Over the past 26 years the Albuquerque Mr. BILIRAKIS. Mr. Speaker, I move gentleman from Texas (Mr. HINOJOSA). Hispano Chamber of Commerce has experi- to suspend the rules and agree to the Mr. HINOJOSA. Mr. Speaker, I rise enced change and growth that would rival any concurrent resolution (H. Con. Res. 25) in support of House Concurrent Resolu- successful business. I am grateful to the Albu- expressing the sense of the Congress re- tion 277. I am very pleased to see that querque Hispano Chamber of Commerce for garding tuberous sclerosis, as amended. we are recognizing the important con- helping to make Albuquerque a better place The Clerk read as follows: tributions of the Hispanic Chamber of and improving the quality of life in New Mex- Commerce. As a former businessman ico. H. CON. RES. 25 from the lower Rio Grande Valley in Mr. PAUL. Mr. Speaker, I want today to ad- Whereas at least two children born each day south Texas, I can personally attest to dress my resolution, H. Con. Res. 277 to rec- will be affected with tuberous sclerosis; the invaluable assistance that the His- ognize the important contributions of the His- Whereas nearly one million people worldwide are known to have tuberous sclerosis; panic Chamber of Commerce provides panic Chamber of Commerce. Mr. Speaker, Whereas tuberous sclerosis affects all races for the Hispanic business community. the United States Hispanic Chamber of Com- and ethnic groups equally; The rapid growth of the Latino popu- merce was founded in New Mexico in 1979. Whereas tuberous sclerosis is caused by either lation has made our community a more Headquartered in Washington, DC the His- an inherited autosomal disorder or by a sponta- crucial part of the American economy panic Chamber of Commerce currently has a neous genetic mutation; than ever before. The Hispanic Cham- network of more than 200 chapters in the Whereas when tuberous sclerosis is genetically ber of Commerce has provided the vi- United States and its territories. One of those transmitted as an autosomal dominant disorder, sion and the leadership to promote a active chapters is in my district, in fact the San a child with a parent with the gene will have a spirit of entrepreneurship and an ethic Marcos Hispanic Chamber of Commerce just 50-percent chance of inheriting the disease; of competitiveness in the Hispanic Whereas two-thirds of the cases of tuberous held its successful Turkey Trot Golf Tour- sclerosis are believed to be a result of sponta- business community. It has also served nament during our Thanksgiving break. neous mutation, although the cause of such as an effective advocate by commu- The importance of this national organization mutations is a mystery; nicating the community’s concerns in cannot be overstated, Hispanics have an an- Whereas diagnosis takes an average of 90 days the greater business and political nual purchasing power of approximately $500 with consultation of at least three specialists; arena. billion and the Chamber effectively represents Whereas tuberous sclerosis frequently goes I want to thank the Hispanic Cham- the more than 1 million Hispanic-owned busi- undiagnosed because of the obscurity of the dis- ber for all of the hard work it has put nesses. The organization’s recent growth has ease and the mild form the symptoms may take; into achieving economic progress for shown its influence in communities not tradi- and our community, and I urge my col- Whereas the Congress as an institution, and tionally considered centers for Latino develop- Members of Congress as individuals, are in leagues to join me in supporting this ment, locations such as Richmond, Virginia; unique positions to help raise public awareness resolution. In south Texas, we are Charlotte, North Carolina and Minnesota’s about the need for increased funding for re- members of the Texas Association of Twin Cities area. search, detection, and treatment of tuberous Hispanic Chambers of Commerce, and The Hispanic Chamber of Commerce pro- sclerosis and to support the fight against tuber- we have had lots of meetings and we vides important recognition to its members ous sclerosis: Now, therefore, be it have had lots of successful gatherings, and supporters through an annual awards pro- Resolved by the House of Representatives (the and so that is why I am here to show gram. Moreover, the organization furnishes its Senate concurring), That it is the sense of the our support for this group. membership with a host of critical services, Congress that— Mrs. WILSON. Mr. Speaker, I rise today in ably guided by the leadership of its President (1) all Americans should take an active role in the fight against tuberous sclerosis support of H. Con. Res. 277, recognizing the and CEO George Herrera, Chair Ms. Elizabeth by all means available to them, including important contributions of the Hispanic Cham- Lisboa-Farrow, who also chairs the DC Cham- early and complete clinical testing and in- ber of Commerce. ber of Commerce; and Vice Chairman J.R. vestigating family histories; From top-level corporate positions, to Mom Gonzales, President of a communications firm (2) the role played by national and commu- and Pop corner stores, Hispanics in America in Austin, Texas. nity organizations and health care providers December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8767 in promoting awareness of the importance of H. Con. Res. 25 takes an important ple worldwide who are affected. TS is a early diagnosis, testing, and ongoing screen- step in the fight against tuberous scle- disorder that can be inherited or result ing should be recognized and applauded; rosis, and I urge my colleagues to sup- from genetic mutation. The disease is (3) the Federal Government has a responsi- port it. characterized by seizures and tumors bility to— which form in vital organs such as (A) endeavor to raise awareness about the Mr. Speaker, I reserve the balance of importance of the early detection of, and my time. brain, heart, skin, kidneys and lungs. proper treatment for, tuberous sclerosis; Mr. BROWN of Ohio. Mr. Speaker, I Though not malignant, these tumors (B) increase funding for research so that yield myself as much time as I may can cause debilitating and sometimes the causes of, and improved treatment for, consume. life-threatening problems. tuberous sclerosis may be discovered; and I would like to thank the gentle- Diagnosis of TS is very difficult, and (C) continue to consider ways to improve woman from New York (Mrs. KELLY) all too often it goes undetected or is access to, and the quality of, health care for her dedication to the issue of tuber- misdiagnosed because its symptoms are services for detecting and treating tuberous ous sclerosis. H. Con. Res. 25 expresses similar to those of more common con- sclerosis; and ditions like epilepsy or autism. It is (4) the Director of the National Institutes our support in the fight against tuber- of Health should take a leadership role in the ous sclerosis, a rare genetic disorder often first recognized following a series fight against tuberous sclerosis by acting that affects the central nervous sys- of epileptic seizures or varying degrees with appropriate offices within the National tem. of developmental delay. An average TS Institutes of Health to provide to the Con- Tuberous sclerosis affects one in 6,000 diagnosis takes 90 days and involves up gress a five-year research plan for tuberous babies in our country and does not dis- to three specialists and numerous sclerosis. criminate by race or by gender. At tests. The SPEAKER pro tempore. Pursu- least two babies born today will be Preliminary research has found spe- ant to the rule, the gentleman from touched in this country by this dis- cific genes associated with tuberous Florida (Mr. BILIRAKIS) and the gen- order. It can cause kidney problems, sclerosis, but to date there is no widely tleman from Ohio (Mr. BROWN) each brain tumors, skin abnormalities, sei- used genetic test, leaving diagnosis to will control 20 minutes. zures, and various degrees of mental be based on clinical findings. Increased The Chair recognizes the gentleman disability. Tuberous sclerosis is fre- awareness of TS among health care from Florida (Mr. BILIRAKIS). quently unrecognized and frequently providers and the general population is GENERAL LEAVE misdiagnosed. the key to early diagnosis. As is the case with many diseases, Mr. BILIRAKIS. Mr. Speaker, I ask There is no cure for this disease, yet. early detection often determines TS unanimous consent that all Members The NINDS, one of the institutes of patients’ successes in managing the may have 5 legislative days within health, is studying this disorder, trying disease. With the variety of treatments which to revise and extend their re- to find new treatments, trying to find marks and include extraneous material currently available to ease symptoms new methods of prevention, and trying and improve the quality of life for peo- on H. Con. Res. 25. ultimately, of course, to find a cure. ple with tuberous sclerosis, funding to The SPEAKER pro tempore. Is there Congress must continue to improve objection to the request of the gen- promote awareness in the medical com- access to quality health care services munity as well as research to increase tleman from Florida? for detecting and treating tuberous There was no objection. early diagnosis really are imperative. sclerosis. For instance, early intervention has Mr. BILIRAKIS. Mr. Speaker, I yield This resolution encourages the direc- the potential to reduce developmental myself such time as I may consume. tor of NIH to take a leadership role in I rise today to support this concur- delay experienced by young patients. the fight to eradicate tuberous scle- Likewise, surgery to remove tumors rent resolution increasing awareness of rosis. can help preserve organ function. TS is tuberous sclerosis and supporting pro- a permanent medical condition, and grams for greater research. b 1545 those affected and their families must Though few Americans have ever As Members of Ohio are in unique po- cope with the illness for their entire heard of tuberous sclerosis, it is a dis- sitions to raise awareness about dis- lives. In some cases, TS does not pre- ease that affects 50,000 here at home orders that simply do not garner the clude those who have it from living a and nearly 1 million people worldwide. attention that they deserve, the bill of relatively normal life. However, in It is a genetic disorder that causes sei- the gentlewoman from New York (Mrs. most cases, it is much more intrusive. zures and tumor growth in vital organs KELLY) will help bring focus to the In addition to the difficulty of diag- such as the brain, heart, kidneys, fight against tuberous sclerosis. I urge nosis, there are other post-diagnostic lungs, and skin. Though these tumors Congress to pass this resolution. issues with which families must con- are benign, they often compromise the Mr. Speaker, I reserve the balance of tend, such as obtaining adequate my time. proper functioning of essential organs. health insurance and, later in life, ar- Mr. BILIRAKIS. Mr. Speaker, I yield For example, many of those afflicted ranging for independent living solu- 5 minutes to the gentlewoman from have some type of learning disability tions. or behavioral problem caused by the New York (Mrs. KELLY), who we are all H. Con. Res. 25 highlights the sever- combination of the brain tumors and indebted to for bringing the issue of tu- ity of tuberous sclerosis and affirms seizures. berous sclerosis to our attention. the Federal Government’s responsi- Individuals with tuberous sclerosis Mrs. KELLY. Mr. Speaker, I rise bility to facilitate research in this and their families face significant fi- today in strong support of the concur- area. We must build on the foundation nancial, emotional and social hard- rent resolution, H. Con. Res. 25, ex- of knowledge of tuberous sclerosis that ships. More than 60 percent of those pressing the sense of Congress regard- has already been built, largely through living with the disease will never live ing tuberous sclerosis. I commend the the organization and resources of independently. This means a dramati- gentleman from Louisiana (Mr. TAU- friends and families of TS patients. cally reduced quality of life for both ZIN), the distinguished chairman of the This bill instructs the director of the those afflicted and their families. Committee on Commerce, and the National Institutes of Health to work We can make a difference by raising chairman of the Subcommittee on with the appropriate offices within NIH awareness about the importance of Health, the gentleman from Florida to bring awareness to this disease and early detection and proper treatment (Mr. BILIRAKIS), for acting so quickly to devise a 5-year plan for outlining re- for tuberous sclerosis. The resources of to report this important legislation. search initiatives for TS. Congress the Federal Government’s health and H. Con. Res. 25 represents the oppor- must act to foster increased research resource institutes can help advance tunity Congress has to educate Ameri- on tuberous sclerosis. We must use our the understanding of the biological fac- cans about the little known genetic excellent scientific and medical re- tors causing this disease. Working in disease tuberous sclerosis. It is esti- sources to better understand this very partnership with other research initia- mated that at least two children born complicated disease. tives, we can help reduce the long-term each day will have tuberous sclerosis. I urge my colleagues to support this impact of this problem. There are approximately 1 million peo- worthwhile and necessary legislation. H8768 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Mr. BILIRAKIS. Mr. Speaker, I yield life much more comfortable and bear- Mr. Speaker, in closing, this Member urges such time as he may consume to the able for those who suffer with that dis- his colleagues to support H. Con. Res. 25. gentleman from Louisiana (Mr. TAU- ease today. Ms. JACKSON-LEE of Texas. Mr. Speaker, ZIN), the chairman of the full com- Again, I want to congratulate my I rise today in support of H. Con. Res. 25, mittee. colleague from New York for her fine which expresses the sense of Congress re- Mr. TAUZIN. Mr. Speaker, I thank work, and the chairman of the Sub- garding tuberous sclerosis. This measure the chairman for yielding me this time committee on Health (Mr. BILIRAKIS), urges increased federal aid for research and and commend him for moving so expe- and the ranking member, the gen- calls on the Director of the National Institutes ditiously on this resolution, and also I tleman from Ohio (Mr. BROWN), for of Health to help develop a five-year research want to commend the gentlewoman their excellent cooperation in moving plan for tuberous sclerosis. H. Con. Res. 25 from New York (Mrs. KELLY) for her in- this and similar resolutions forward. also declares that all Americans should take credible work in this area and other Mr. BEREUTER. Mr. Speaker, as a cospon- an active role in the fight against this genetic areas. I understand she is also very sor of the concurrent resolution, this Member disorder. similar, in moving a similar resolution wishes to add his strong support for H. Con. At least two children born each day will be on Crohn’s Disease. Res. 25, which expresses the sense of Con- affected with tuberous sclerosis (TS). Nearly Yesterday, in the Nation’s capital, gress that the Federal Government has a re- one million people worldwide are known to we had an amazing function of families sponsibility to raise public awareness of tuber- have TS. TS does not discriminate against across America gathering for the Can- ous sclerosis and educate all Americans about any race or ethnic group. cer Research Family Awareness Lunch- the importance of the early detection of, and According to a report released by the Tuber- eon. Sam Donaldson was here, himself proper treatment for the disease. ous Sclerosis Association, preschool children a cancer survivor. The whole idea be- This Member would like to commend the with TS develop intellectual and behavioral hind the luncheon was to honor those distinguished gentleman from Louisiana [Mr. problems. The intellectual development varies who have worked tirelessly to make TAUZIN], the Chairman of the House Com- greatly. Approximately 40% will not have glob- people aware of what early detection mittee on Energy and Commerce, and the dis- al (affecting all areas of intelligence) intellec- can do to cure it. tinguished gentleman from Michigan [Mr. DIN- tual impairments. The remaining may have My mother is a three-time cancer GELL], the ranking member of the House Com- mile, moderate, or severe mental retardation. survivor. In each case, because she mittee on Energy and Commerce, for bringing It appears that children under the age of five caught it early, she was cured with op- this important resolution to the House Floor years with moderate to severe mental retarda- eration rather than chemo or radi- today. This Member would also like to com- tion will remain mentally retarded to this de- ation, sort of a miracle. It started in mend the gentlelady from New York [Mrs. gree into adulthood. 1960 with breast cancer; in 1980, then KELLY] for sponsoring H. Con. Res. 25 and for Problems with behavior are some of the lung cancer; and, just recently, with her personal interest in tuberous sclerosis. most common difficulties experienced by chil- uterine cancer. Tuberous sclerosis complex (TSC) is a ge- dren with TS. Poor expressive language, poor The fact that we make people aware netic disorder characterized by seizures and development of social skills, motor impair- of these diseases so that their doctors tumor growth in vital organs such as the brain, ments, and hyperactivity or inattention are a and moms and dads can spot them heart, kidneys, lungs and skin. Individuals with few examples. when we see them and treat them soon- tuberous sclerosis commonly begin having sei- As this bill prescribes, early intervention is er makes immeasurable difference not zures during the first year of life, and conven- most effective. It has been found that during only in the care and treatment of these tional epilepsy therapies often do not control the first five years of life, developmentally dis- diseases, but very often in life itself. the seizure activity in infants, children or abled children tend to fall farther and farther Many cancer survivors were there to adults. Seizures, as well as brain tumors, con- behind children their own age who do not tell their stories yesterday about how, tribute to cognitive impairment. As a result, a have developmental difficulties. These de- because someone took the trouble to majority of those afflicted with tuberous scle- clines in the rate of intellectual development of talk about these diseases on television, rosis experience some form of learning dis- disabled children and reduce with early inter- on the radio, on the floor of the House ability or behavioral problem, such as attention vention. today, somebody paid attention, some- deficit hyperactivity disorder, autism or mental Mr. Speaker, let us work together to raise body caught it early, and somebody retardation. awareness of tuberous sclerosis and help chil- was better off for it. This Member recently received a letter from dren with this disorder to live a normal life. I Yesterday, for example, a young his constituents, Mr. and Mrs. Lorenz Nie- urge my colleagues to support H. Con. Res. woman who is an anchor of a San Anto- meyer. The Niemeyer’s are the proud grand- 25. nio, Texas television station was hon- parents of a 23-month old granddaughter, who Mr. BROWN of Ohio. Mr. Speaker, I ored for the work she did. She discov- was diagnosed with tuberous sclerosis at four yield back the balance of my time. ered she had breast cancer. Instead of weeks of age, having tumors on the brain. The Mr. BILIRAKIS. Mr. Speaker, I have hiding the fact, she went on the air Neimeyer’s fear that their granddaughter is se- no further requests for time, and I with it and actually did a documentary verely disabled, both mentally and develop- yield back the balance of my time. of how she went through treatment, mentally. The SPEAKER pro tempore (Mr. and how they operated on the cancer The toll on the family of a person with tuber- PETRI). The question is on the motion and how she went through the incred- ous sclerosis is enormous. Care for a tuber- offered by the gentleman from Florida ible ordeal of the chemotherapy, losing ous sclerosis patient often requires on-going (Mr. BILIRAKIS) that the House suspend her hair. She even did an anchor one treatment that involves multiple medical spe- the rules and agree to the concurrent night, bald, just to show that you can cialists, speech, occupational and other thera- resolution, House Concurrent Resolu- get through these things and you can pists, as well as those skilled in the proper tion 25, as amended. live and you can survive if you are will- care and educational and emotional develop- The question was taken; and (two- ing to be brave enough to face these ment of a medically and mentally disabled in- thirds having voted in favor thereof) diseases head-on and treat them early dividual. the rules were suspended and the con- and deal with them. House Concurrent Resolution 25 expresses current resolution was agreed to. Here, in this case, the gentlewoman the sense of the Congress that the Federal A motion to reconsider was laid on from New York (Mrs. KELLY) has Government has a responsibility to raise pub- the table. brought to us a concern of so many lic awareness of tuberous sclerosis and edu- f families, 50,000 families in America cate all Americans about the importance of the which have someone in their family early detection of, and proper treatment for, NATIONAL HANSEN’S DISEASE with tuberous sclerosis. And here is an- tuberous sclerosis. In addition, the resolution PROGRAMS CENTER other genetic disease that, if we pay urges an increase in funding for research on Mr. BILIRAKIS. Mr. Speaker, I move enough attention to it, put a little re- tuberous sclerosis. Finally, H. Con. Res. 25 to suspend the rules and pass the bill search money on it, we will find a way urges the National Institutes of Health to take (H.R. 2441) to amend the Public Health to cure it and save an uncounted num- a leadership role and to provide a five-year re- Service Act to redesignate a facility as ber of lives not only in America but search plan in the fight against tuberous scle- the National Hansen’s Disease Pro- around the world, and certainly make rosis. grams Center, and for other purposes. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8769 The Clerk read as follows: 6,500 cases of this disease in the United Mr. BAKER. Mr. Speaker, I thank H.R. 2441 States. the gentleman for yielding me this Be it enacted by the Senate and House of Rep- In the 105th Congress, the National time and wish to express my apprecia- resentatives of the United States of America in Hansen’s Disease Programs, located in tion to both gentlemen for their cour- Congress assembled, the Gillis Long Disease Center in tesies in facilitating such prompt con- SECTION 1. DESIGNATION OF NATIONAL HAN- Carville, Louisiana was relocated to sideration of this important matter. SEN’S DISEASE PROGRAMS CENTER. Baton Rouge. Although the programs (a) REFERENCES IN PUBLIC HEALTH SERVICE moved from Carville to Baton Rouge, For those not familiar with the fine ACT.—Section 320(a)(1) of the Public Health they still bear the name Gillis Long institution in Louisiana, in Carville, Service Act (42 U.S.C. 247e(a)(1)) is amended known as the Gillis W. Long Hansen’s by striking ‘‘Gillis W. Long Hansen’s Disease Hansen’s Disease Center. Likewise, the Center’’ and inserting ‘‘National Hansen’s Louisiana National Guard in Carville is Disease Center, it is in fact a very his- Disease Programs Center’’. named the Gillis Long Center. toric facility which has provided im- (b) PUBLIC LAW 105–78.—References in sec- As a result of these two facilities measurable service to many people tion 211 of Public Law 105–78, and in deeds, sharing a name, the National Hansen’s throughout its longstanding history. agreements, or other documents under such Disease Program has suffered from un- section, to the Gillis W. Long Hansen’s Dis- necessary postal delays. This bill clears It is important that the Congress fa- ease Center shall be deemed to be references up confusion and reinforces the unique vorably act on this important name to the National Hansen’s Disease Programs function of the Baton Rouge facility by change today, for a very simple but im- Center. renaming it the National Hansen’s Dis- portant administrative reason. The Na- (c) OTHER REFERENCES.—Any reference in a tional Hansen’s Disease Programs have law, map, regulation, document, paper, or ease Programs Center. other record of the United States to the H.R. 2441 is straightforward legisla- been relocated from the Carville facil- Gillis W. Long Hansen’s Disease Center shall tion. It is located in the State of the ity to a new institution at the Summit be deemed to be a reference to the National chairman of the committee, the gen- Hospital within Baton Rouge. However, Hansen’s Disease Programs Center. tleman from Louisiana (Mr. TAUZIN), under the current regulatory provi- The SPEAKER pro tempore. Pursu- and I urge my colleagues to vote in sions, that secondary site must also be ant to the rule, the gentleman from favor of it. designated as the Gillis W. Long Cen- Florida (Mr. BILIRAKIS) and the gen- Mr. Speaker, I yield back the balance ter, therein creating problems for the tleman from Ohio (Mr. BROWN) each of my time. Mr. BILIRAKIS. Mr. Speaker, I yield patients of the new Hansen’s Disease will control 20 minutes. Programs in Baton Rouge. The Chair recognizes the gentleman such time as he may consume to the chairman of the full committee, the Even simple matters such as delivery from Florida (Mr. BILIRAKIS). gentleman from Louisiana (Mr. TAU- of mail now is necessitated to go GENERAL LEAVE ZIN). through the Carville Academy site, as Mr. BILIRAKIS. Mr. Speaker, I ask Mr. TAUZIN. Mr. Speaker, again my opposed to going directly to the Na- unanimous consent that all Members thanks to the chairman for yielding me may have 5 legislative days within tional Hansen’s Disease Center Pro- this time. grams. which to revise and extend their re- I rise in strong support of H.R. 2441, marks and to include extraneous mate- sponsored by my friend and colleague, rial on H.R. 2441. the gentleman from the great State of b 1600 The SPEAKER pro tempore. Is there Louisiana (Mr. BAKER). This name change facilitates that. objection to the request of the gen- The National Hansen’s Disease Pro- However, it in no way diminishes the tleman from Florida? grams has a long history of excellence, importance of the Gillis W. Long Cen- There was no objection. beginning with the humane treatment ter, where there has been an extraor- Mr. BILIRAKIS. Mr. Speaker, I yield rather than detention of those with dinary change over the past several myself such time as I may consume. leprosy in the late 1800s, the develop- Mr. Speaker, I rise in support of H.R. ment of the treatment for leprosy in years in the scope and direction of that 2441, changing the name of the Gillis the 1940s, and the current extension of valuable property. W. Long Hansen’s Disease Center hous- research to tuberculosis and diabetes. For well over 100 years, it was the ing the National Hansen’s Disease Pro- It has been an important part of Lou- target for treatment and research for gram to The National Hansen’s Disease isiana’s great history and this Nation’s Hansen’s disease. But in an act passed Programs Center. great history. Countless lives were by this Congress a few years ago, own- This change is necessary to avoid fur- changed in what many called the ‘‘Mir- ership of the facility was transferred to ther confusion in mail delivery be- acle of Carville.’’ the State of Louisiana and a youth at- tween the former location of the NHDP In the 105th Congress, we passed a risk education program has been cre- and its current location. Mail is often bill transferring ownership of the Gillis ated there. In this brief time since the misdirected, delaying important re- W. Long Hansen’s Disease Center in program’s initiation, the Youth Chal- search and legal documents. Name con- Carville, Louisiana from the Depart- lenge Program has seen 3,582 students fusion has also delayed critical patient ment of Health and Human Services to graduate from this new programmatic medical information. the State of Louisiana and moving it activity. What is remarkable is the NHDP continues to treat some 6,000 to Baton Rouge. The NHDP has contin- likelihood of these individuals com- people in the United States with Han- ued its fine work in Baton Rouge in- pleting their high school education was sen’s disease. Receiving patient med- stead of Carville, but the Carville facil- seriously in question. ical records is critical to that treat- ity has retained the name the Gillis W. ment. I urge my colleagues to support Long Hansen’s Disease Center. As re- After exposure to this fine program, this bill. quired by law, the new facility in 3,500 students have successfully com- Mr. Speaker, I reserve the balance of Baton Rouge is also called the Gillis W. pleted the educational curricula. Twen- my time. Long Hansen’s Disease Center. ty-four percent of our graduates have Mr. BROWN of Ohio. Mr. Speaker, I You can imagine the confusion. The gone on to engage in military service, yield myself such time as I may con- bill simply straightens out the confu- while another 50 percent have been em- sume. sion, to make sure the mail goes to the ployed or are in some job training pro- The National Hansen’s Disease Pro- proper party, and changes the name of gram, while the remaining 20 percent grams in Baton Rouge, Louisiana is the the NHDP to the National Hansen’s have gone on to higher education pur- only institution in the U.S. exclusively Programs Center to eliminate that suits. Some 13 percent have gone on to devoted to the complex infectious dis- confusion. It has the support, by the college. ease known as Hansen’s disease. Han- way, of our good friend, former Con- sen’s disease can cause nerve damage, gresswoman Long, who is Gillis’ widow, It is a remarkable program which resulting in the loss of muscle control and a dear friend of ours, and I urge the carries on in the random tradition of and the crippling of the hands and feet. adoption of this resolution. Congressman Gillis Long, a tireless Fortunately, considerable progress Mr. BILIRAKIS. Mr. Speaker, I yield servant of the American public, and his has been made over the last 40 years to 5 minutes to the gentleman from Lou- spouse, a former Member as well, treat successfully the majority of Han- isiana (Mr. BAKER), who is responsible Cathy Long, who is well aware of this sen’s disease cases. There are roughly for this legislation. name change. H8770 CONGRESSIONAL RECORD — HOUSE December 4, 2001 This programmatic activity is in the Alzheimer’s Association: she was a hands-on because we are all better off as a result highest of American principles. We activist on the association’s board of direc- of her powerful words. give nothing away except a chance; and tors, a masterful fund-raiser, a forceful advo- Her desire to contribute to our Na- young people from across our great cate, and a selfless and constant traveler to tion started at a young age when in anywhere and everywhere Alzheimer’s advo- State who are unlikely to be successful cates needed help; 1952 she knocked on doors for Dwight in any other endeavor, come here to Whereas at every stop she made and every Eisenhower. That early enthusiasm find renewed hope and opportunity event she attended in her efforts to eradicate stretched into her adult life. She pro- through discipline, education, and job Alzheimer’s disease through research, moted American businesses abroad in training. It, in fact, is carrying on the Maureen Reagan emphasized that research- the early 1980s, represented the United mission of the Sisters of Charity who ers are in a ‘‘race against time before Alz- States at the U.N. Decade for Women served countless numbers of hopeless heimer’s reaches epidemic levels’’ with the Conference in 1985, and chaired the Re- social outcasts for many years at the aging of the Baby Boomers; publican National Committee as well Whereas Maureen Reagan stated before the Hansen’s Disease Center. They too Congress in 2000 that ‘‘14 million Baby as the Republican Women’s Political have signed on to the program at Boomers are living with a death sentence of Action League. Carville Academy, seeing the hope and Alzheimer’s today’’; More than all of this impressive and vision that this opportunity creates for Whereas despite her declining health, important work, however, what stands the innumerable graduates of this fine Maureen Reagan never decreased her efforts out most as an inspiration to millions program. in her battle to eliminate Alzheimer’s dis- of Americans is her tireless dedication To both chairmen, I ask that the ease; to addressing the plague of Alzheimer’s House do concur in this recommenda- Whereas during the last six months of her disease. The chairman of the Alz- life, from her hospital bed and home, heimer’s Association board of directors tion. Maureen Reagan urged the Congress to in- Mr. BILIRAKIS. Mr. Speaker, I yield crease funding for Alzheimer’s disease re- called her the Joan of Arc of Alz- back the balance of my time. search at the National Institutes of Health; heimer’s. Anyone whose life has been The SPEAKER pro tempore (Mr. Whereas Maureen Reagan said, ‘‘The best touched or will be touched by the dis- CULBERSON). The question is on the mo- scientific minds have been brought into the ease owes her a debt of gratitude. Even tion offered by the gentleman from race against Alzheimer’s, a solid infrastruc- at the end of her life she disregarded Florida (Mr. BILIRAKIS) that the House ture is in place, and the path for further in- her own failing health in order to edu- suspend the rules and pass the bill, vestigations is clear. What’s missing is the cate people about Alzheimer’s and H.R. 2441. money, especially the Federal investment, to speak in favor of increased funding for keep up the pace.’’; and The question was taken; and (two- Whereas Maureen Reagan’s remarkable ad- research. As Ms. Reagan said, ‘‘We are thirds having voted in favor thereof) vocacy for the millions affected and afflicted in a race against time before Alz- the rules were suspended and the bill by Alzheimer’s disease will forever serve as heimer’s reaches epidemic levels.’’ was passed. an inspiration to continue and ultimately Today, 4 million people are living A motion to reconsider was laid on win the battle against the illness: Now, with Alzheimer’s; and this number will the table. therefore, be it grow as the baby boomer population Resolved by the Senate and House of Rep- f ages. Research is essential to a cure for resentatives of the United States of America in Alzheimer’s, and funding is essential to HONORING MAUREEN REAGAN ON Congress assembled, That the Congress, on the research. The experts are gaining THE OCCASION OF HER DEATH occasion of the tragic and untimely death of ground, and the course for future AND EXPRESSING CONDOLENCES Maureen Reagan— science is clear. Before this disease TO HER FAMILY (1) recognizes Maureen Reagan as one of the Nation’s most beloved and forceful cham- puts an incredible strain on our Na- Mr. BILIRAKIS. Mr. Speaker, I move pions for action to cure Alzheimer’s disease tion’s public health system, we must to suspend the rules and pass the joint and treat those suffering from the illness; take the initiative, Maureen Reagan’s resolution (H.J. Res. 60) honoring and initiative, and confront this scourge Maureen Reagan on the occasion of her (2) expresses deep and heartfelt condo- with a commitment to finding a rem- lences to the family of Maureen Reagan, in- death and expressing condolences to edy. her family, including her husband Den- cluding her husband Dennis Revell and her daughter Rita Revell. Mr. Speaker, the Secret Service nis Revell and her daughter Rita agents who guarded Maureen Reagan in The SPEAKER pro tempore. Pursu- Revell, as amended. life and who carried her casket at her ant to the rule, the gentleman from The Clerk read as follows: funeral had given her the code name Florida (Mr. BILIRAKIS) and the gen- H.J. RES. 60 ‘‘Radiant.’’ I believe there is not a tleman from Ohio (Mr. BROWN) each Whereas the Congress is greatly saddened more fitting description of her life, her will control 20 minutes. by the tragic death of Maureen Reagan on work and her memory. Mr. Speaker, I The Chair recognizes the gentleman August 8, 2001; hope all of my colleagues will join me from Florida (Mr. BILIRAKIS). Whereas Maureen Reagan’s love of life and in supporting H.J. Res. 60 in honoring countless contributions to family and the GENERAL LEAVE Maureen Reagan, her work and her Nation serve as an inspiration to millions; Mr. BILIRAKIS. Mr. Speaker, I ask courageous spirit. Whereas Maureen Reagan was a remark- unanimous consent that all Members able advocate for a number of causes and had Mr. Speaker, I reserve the balance of many passions, the greatest being her dedi- may have 5 legislative days within my time. cation to addressing the scourge of Alz- which to revise and extend their re- Mr. BROWN of Ohio. Mr. Speaker, I heimer’s disease; marks and include extraneous material yield myself such time as I may con- Whereas in 1994 when former President on the joint resolution under consider- sume. Ronald Reagan announced that he had been ation. Mr. Speaker, I thank the gentleman diagnosed with Alzheimer’s disease, Maureen The SPEAKER pro tempore. Is there from Massachusetts (Mr. MARKEY), for Reagan joined her father and Nancy Reagan objection to the request of the gen- his work on this resolution, H.J. Res. in the fight against Alzheimer’s disease and tleman from Florida? became a national spokesperson for the Alz- 60, recognizing Maureen Reagan as one heimer’s Association; There was no objection. of the country’s most effective advo- Whereas Maureen Reagan served as a tire- Mr. BILIRAKIS. Mr. Speaker, I yield cates on behalf of Alzheimer’s disease less advocate to raise public awareness about myself such time as I may consume. and expresses the House condolences to Alzheimer’s disease, support care givers, and Mr. Speaker, today I rise in support her family. substantially increase the Nation’s commit- of H.J. Res. 60 honoring Maureen Maureen Reagan is the daughter of ment to research on Alzheimer’s disease; Reagan. I would like to thank the gen- former President Ronald Reagan and Whereas Maureen Reagan helped inspire tleman from Massachusetts (Mr. MAR- his first wife, actress Jane Wyman. She the Congress to increase Federal research KEY) for sponsoring this resolution. died in August of this year after a cou- funding for Alzheimer’s disease by amounts proportionate to increases in research fund- Maureen Reagan was once described by rageous 5-year battle with malignant ing for other major diseases; one of her critics as one who was ‘‘not melanoma. She was 60 at the time. Whereas Maureen Reagan went far beyond schooled in the ways of holding her Since her father’s diagnosis of Alz- merely lending her name to the work of the tongue.’’ Thank goodness she was not heimer’s in 1994, Maureen Reagan was December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8771 committed to raising awareness about ing one in 10 Americans over the age of the Alzheimer’s Association, and her Alzheimer’s and the importance of 65, and 50 percent of the seniors over advocacy raised awareness of not only family caregivers. the age of 85. She took the tragedy of her father’s condition, but also the 4 She was elected a member of the Alz- her own father’s illness and chose to million Americans currently living heimer’s Association’s national board 3 fight not only for him, but also for the with Alzheimer’s. years ago. She testified on numerous 4 million Americans who currently b 1615 occasions before this Congress and have Alzheimer’s disease and for the 15 State legislatures in support of more million Americans who are predicted In the final years of her life she trav- funding for Alzheimer’s research and to have this disease by the time all of eled the Nation nearly nonstop, ignor- caregivers’ support. the baby boomers have retired, a stag- ing her own failing health, to gather A year ago she received the Alz- gering number of Americans. support for Alzheimer’s patients and heimer’s Association Distinguished Mr. Speaker, it takes tremendous their caregivers. Service Award for outstanding service courage to take on Alzheimer’s disease She was unwavering in her enthu- to the national board and for helping in such a public way when a parent is siasm and optimism that a cure was to advance the mission of this organi- still at home in a deteriorating condi- close at hand and she made several ap- zation. She was also active in raising tion from that same disease. She knew pearances here before Congress, calling awareness about melanoma, the dead- that there was no time to waste, and so for increased Federal spending. Al- liest form of skin cancer. In 1998, she she took on the challenge despite a though Ms. Reagan did not live to see received the president’s Gold Triangle heavy emotional burden. Even as her a cure for Alzheimer’s, the national Award from the American Academy of own health declined, she refused to let recognition of the disease and the re- Dermatology for her work in raising up in her advocacy role, continuing her sulting progress and research have awareness of melanoma and for pro- fight for more Federal research dollars much to do with her efforts. Just last moting the importance of skin exam- from her hospital bed, and later while week a report was issued that a single ination. For that we recognize her. recovering from cancer treatments at ibuprophen tablet taken each day can Mr. Speaker, I yield 4 minutes to the home in California. literally limit the onset and, in fact, gentleman from Massachusetts (Mr. Mr. Speaker, I can think of no better diminish and decrease the onset of Alz- MARKEY). way to pay tribute to Maureen’s legacy heimer’s disease. That kind of research Mr. MARKEY. Mr. Speaker, I thank than to continue her fight to create a is possible today, those breakthroughs, my colleagues for helping to make this world without Alzheimer’s disease. Al- because of much of the work that she resolution possible. The gentleman though we have lost her voice, did. Her tireless commitment and cam- from New Jersey (Mr. SMITH) and I in- Maureen’s passion and energy live on paign against Alzheimer’s will serve as troduced this resolution as a way of and continue to inspire us as we work an inspiration for those who continue honoring this great woman. She died to improve the quality of life for those to fight this ghastly disease. on August 8. She passed away after affected by Alzheimer’s disease. Again, I want to thank the gen- having waged a courageous 5-year bat- Mr. Speaker, I am deeply saddened by tleman from Massachusetts (Mr. MAR- tle with cancer. With her passing, this the loss of Maureen and miss her dear- KEY), my dear friend, for his thought- country has lost a true leader in the ly. My thoughts and prayers are with fulness and consideration in bringing fight against Alzheimer’s disease. She her husband, Dennis, her daughter, this resolution forward, and I urge its was an extraordinary woman, a tal- Rita, and the entire Reagan family. adoption. ented spokesperson, a tireless advo- May she rest in peace. Mr. BROWN of Ohio. Mr. Speaker, I cate. Mr. BILIRAKIS. Mr. Speaker, I yield have no further speakers, and I yield As a member of the Alzheimer’s As- such time as he may consume to the back the balance of my time. sociation’s national board of directors, gentleman from Louisiana (Mr. TAU- Mr. BILIRAKIS. Mr. Speaker, I yield she worked with Members of Congress ZIN). such time as he may consume to the to increase funding for Alzheimer’s re- Mr. TAUZIN. Mr. Speaker, I rise in gentleman from Nevada (Mr. GIBBONS). search. She provided compelling testi- support of House Joint Resolution 60 Mr. GIBBONS. Mr. Speaker, I would mony before Congress warning that honoring Maureen Reagan, and I recog- like to thank the gentleman from Flor- Alzheimer’s was on the road to becom- nize the gentleman from Massachusetts ida (Mr. BILIRAKIS), my colleague and ing the epidemic of the 21st century (Mr. MARKEY) for his extraordinary good friend. I am happy to be here unless science could find a way to pre- thoughtfulness and consideration in of- today to come to the floor of the House vent millions of baby boomers from fering this resolution. This resolution to join with my colleagues in the getting the disease. speaks as well of Maureen Reagan as it House to commemorate the life and Just prior to her untimely death, she does of its author, the gentleman from work of a dear friend, the strong and called on Congress to double the fund- Massachusetts (Mr. MARKEY), for his vibrant Maureen Reagan. ing for Alzheimer’s research at the NIH fine work as co-chair of the Alz- Mr. Speaker, many things have been to $1 billion by 2003. As co-chair with heimer’s task force and for the great said on this House Floor today about the gentleman from New Jersey (Mr. work the gentleman has done for bring- Maureen Reagan, all of which I share, SMITH) of the Congressional Task Force ing attention to this issue. and I would like to join in and add my on Alzheimer’s Disease, I always val- Maureen Reagan was a vivacious voice to the same great comments that ued Maureen’s sage advice on task woman with a passion for life and fam- have been made about Maureen Reagan force goals and legislative initiatives. ily and country. She had a contagious and her life and her dedication to what In March 2000 when Maureen came to enthusiasm, an unshakeable will for all she did. The numerous contributions lobby Congress for increased Alz- of the interests that she pursued. She that Maureen made to the causes and heimer’s research funding, in between a actively campaigned for her father, charities that she pursued would re- busy schedule of press interviews and former President Ronald Reagan, and mind all of us of the person, the cour- visits with congressional leaders, she spent much energy in the 1980s fund- age, and the passion and the leadership spent several hours meeting with mem- raising for Republican women who qualities that she shared with her fa- bers of the Alzheimer’s Task Force, in- were seeking office. ther. cluding the gentleman from New Jer- Although she was nationally recog- Mr. Speaker, many times I have met sey (Mr. SMITH) and myself. In that nized for her political activities and with Maureen and her family, either at meeting, Maureen expertly outlined her commentary, it was her work for her home in California or mine in Ne- the research breakthroughs of the 1990s victims of Alzheimer’s that brought vada, and never once did Maureen, even and reiterated that scientists were in a the most attention to her life and per- though she was afflicted with cancer, race against time to find the answers haps her greatest contribution. When ever complain about her status, her to Alzheimer’s disease. the disease silenced the great commu- health, or the fact that she did have a With grace and warmth and delight- nicator, Maureen Reagan, who shared terrible disease called cancer. She was ful wit, Maureen convinced lawmakers her father’s knack for public speaking, always vibrant, she was always out- to pay attention to the scourge plagu- became the national spokeswoman for spoken, always talking positively and H8772 CONGRESSIONAL RECORD — HOUSE December 4, 2001 passionately about the future and fore she died, as the gentleman from I am deeply saddened to lose a friend. Cali- where she was going with her work in Massachusetts pointed out earlier, she fornia and the nation have lost a strong and dealing with these charitable organiza- called on Congress to double to $1 bil- active voice. tions and issues that she did deal with. lion the amount of money allocated for I join my colleagues in honoring the life of In putting these great qualities to Alzheimer’s research by the National Maureen Reagan. work, Maureen would go on to leave Institutes of Health. Mr. BILIRAKIS. Mr. Speaker, I have many of her own footsteps across this As was also pointed out, this disease no further requests for time, and I Nation for many to follow. She never afflicts so many of our families. Half of yield back the balance of my time. once needed her name to prove both those over age 85 suffer to some degree The SPEAKER pro tempore (Mr. her effectiveness or her charm. from Alzheimer’s, and 1 of every 10 CULBERSON). The question is on the mo- Maureen’s deep commitment to raising Americans over the age of 65 also is in tion offered by the gentleman from the awareness of Alzheimer’s disease some stage of Alzheimer’s disease. The Florida (Mr. BILIRAKIS) that the House and the importance of research con- current number of affected—4 million— suspend the rules and pass the joint firmed her status as a selfless, dedi- will grow to 14 million people if we do resolution, H. J. Res. 60, as amended. cated benefactor for millions of Ameri- not take prompt action and do all that The question was taken; and (two- cans. I extend my heartfelt prayers and is humanly possible to mitigate and thirds having voted in favor thereof) deepest condolences to Maureen’s hus- hopefully eradicate this terrible dis- the rules were suspended and the joint band, Dennis, and her lovely daughter, ease. resolution, as amended, was passed. Rita. Indeed, the sense of loss that our Maureen Reagan was a great cham- A motion to reconsider was laid on Nation has felt is in no comparison to pion. She will be sorely missed in this the table. that, I am sure, of Maureen’s own fam- battle. And we want to just, and I know f this will be a unanimous vote on both ily. ADMINISTRATIVE SIMPLIFICATION Mr. Speaker, I would like to thank sides of the aisle, say to her loved ones, COMPLIANCE ACT the gentleman from Massachusetts to her husband and to her daughter and (Mr. MARKEY), as well as the gentleman to the entire family, how much we Mr. TAUZIN. Mr. Speaker, I move to from New Jersey (Mr. SMITH) for bring- deeply care for them and how we miss suspend the rules and pass the bill ing H.J. Res. 60 to the floor, and I urge Maureen Reagan. (H.R. 3323) to ensure that covered enti- my colleagues to join me in honoring Mr. THOMAS. Mr. Speaker, I rise today to ties comply with the standards for this courageous and amazing woman. support H.J. Res. 60 and to pay tribute to my electronic health care transactions and Maureen’s contributions to her family friend Maureen Reagan, a loving wife and code sets adopted under part C of title and Nation will certainly never be for- mother, a dedicated member of the Repub- XI of the Social Security Act, and for gotten. lican Party, and a crusader for Alzheimer’s other purposes, as amended. Mr. BILIRAKIS. Mr. Speaker, I yield Disease sufferers. I also extend my deepest The Clerk read as follows: such time as he may consume to the condolences to her husband, my friend and H.R. 3323 gentleman from New Jersey (Mr. former constituent, Dennis Revell, and their Be it enacted by the Senate and House of Rep- SMITH). daughter Rita. resentatives of the United States of America in Mr. SMITH of New Jersey. Mr. I had the privilege of knowing Maureen for Congress assembled, Speaker, I thank the gentleman for over two decades. In 1980, she was a tireless SECTION 1. SHORT TITLE. yielding me this time. volunteer in her father’s campaign for the This Act may be cited as the ‘‘Administra- First of all, I want to thank, as did White House. Following his election, she be- tive Simplification Compliance Act’’. the gentleman from Louisiana (Mr. SEC. 2. EXTENSION OF DEADLINE FOR COVERED came a vigorous activist for female Repub- ENTITIES SUBMITTING COMPLIANCE TAUZIN) a few moments ago, our very licans, raising funds for over 100 candidates. PLANS. distinguished colleague from Massa- She also served in an appointed position in (a) IN GENERAL.— chusetts (Mr. MARKEY) for his kindness the California Republican Party, and later ran (1) EXTENSION.—Subject to paragraph (2), in sponsoring this legislation. I think to be a Member of this House. notwithstanding section 1175(b)(1)(A) of the it shows a real sensitivity for Maureen After President Reagan poignantly shared Social Security Act (42 U.S.C. 1320d– Reagan who was a very courageous with the world his Alzheimer’s diagnosis, 4(b)(1)(A)) and section 162.900 of title 45, Code woman, wife and mother, and a tireless Maureen continued to dedicate her life to an- of Federal Regulations, a health care pro- advocate, a champion, for research and vider, health plan (other than a small health other worthy cause: educating the American plan), or a health care clearinghouse shall medical assistance for Alzheimer’s pa- public about this debilitating and degenerative not be considered to be in noncompliance tients and, equally important, for their disease. Even as Maureen was personally with the applicable requirements of subparts caregivers. battling cancer, her resolve in making Ameri- I through R of part 162 of title 45, Code of As we all know, one of those victims cans more aware of Alzheimer’s disease was Federal Regulations, before October 16, 2003. includes her own father, President remarkable; her passion unyielding. Testifying (2) CONDITION.—Paragraph (1) shall apply to Ronald Reagan. Ronald Reagan was a in front of congressional committees, Ms. a person described in such paragraph only if, fighter since his early days growing up Reagan added her voice in promoting the wor- before October 16, 2002, the person submits to during the Great Depression, but he the Secretary of Health and Human Services thy work of our federal medical research agen- a plan of how the person will come into com- turned his disclosure that he suffered cies. Until the very end, Maureen continually pliance with the requirements described in from Alzheimer’s Disease into a battle reminded all of us how public advocacy can such paragraph not later than October 16, for more research money and more as- be vibrant and how public service can be cou- 2003. Such plan shall be a summary of the sistance for his fellow patients. When rageous. following: Ronald Reagan was unable to continue She will be missed by her family and (A) An analysis reflecting the extent to this fight because of his own deterio- friends, by the Alzheimer’s patients for whom which, and the reasons why, the person is rating condition, his daughter, she worked so tirelessly, by the Republican not in compliance. Maureen Reagan, stepped up to the (B) A budget, schedule, work plan, and im- party, and indeed by all Americans. plementation strategy for achieving compli- plate and became one of the most tena- Ms. HARMAN. Mr. Speaker, one of the best ance. cious advocates for Alzheimer’s re- parts of seeking my seat in Congress was (C) Whether the person plans to use or search and for trying to find a cure for meeting Maureen Reagan in 1992, when she might use a contractor or other vendor to as- this horrific disease. Her untimely ran in the primary for her party’s nomination. sist the person in achieving compliance. death to cancer this past summer It was my good fortune that, after Maureen (D) A timeframe for testing that begins not caused the Alzheimer’s community to lost, her supporters became mine and she and later than April 16, 2003. lose one of its best. I became great friends. (3) ELECTRONIC SUBMISSION.—Plans de- Significantly, even while battling Maureen brought an intelligence and vi- scribed in paragraph (2) may be submitted electronically. cancer during 5 tough years, Maureen brancy to the campaign and although she did (4) MODEL FORM.—Not later than March 31, never rested in her quest to try to pro- not win her party’s nomination, she continued 2002, the Secretary of Health and Human cure more research money and to help to influence many policy debates, particularly Services shall promulgate a model form that more patients and their loved ones in health care after her father revealed he was persons may use in drafting a plan described with this terrible disease. Not long be- suffering from Alzheimer’s disease. in paragraph (2). The promulgation of such December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8773

form shall be made without regard to chap- (C) CONSTRUCTION.—The availability of an terms in section 160.103 of title 45, Code of ter 35 of title 44, United States Code (com- exclusion under this paragraph shall not be Federal Regulations; and monly known as the ‘‘Paperwork Reduction construed to affect the imposition of pen- (3) the terms ‘‘health care claims or equiv- Act’’). alties under section 1176 of the Social Secu- alent encounter information transaction’’, (5) ANALYSIS OF PLANS; REPORTS ON SOLU- rity Act (42 U.S.C. 1320d–5). ‘‘health care payment and remittance advice TIONS.— (D) NONAPPLICABILITY TO COMPLYING PER- transaction’’, ‘‘coordination of benefits (A) ANALYSIS OF PLANS.— SONS.—The exclusion under subparagraph (A) transaction’’, ‘‘health care claim status (i) FURNISHING OF PLANS.—Subject to sub- shall not apply to a person who— transaction’’, ‘‘enrollment and disenrollment paragraph (D), the Secretary of Health and (i) submits a plan in accordance with para- in a health plan transaction’’, ‘‘eligibility for Human Services shall furnish the National graph (2); or a health plan transaction’’, ‘‘health plan pre- Committee on Vital and Health Statistics (ii) who is in compliance with the applica- mium payments transaction’’, and ‘‘referral with a sample of the plans submitted under ble requirements of subparts I through R of certification and authorization transaction’’ paragraph (2) for analysis by such Com- part 162 of title 45, Code of Federal Regula- have the meanings given those terms in sec- mittee. tions, on or before October 16, 2002. tions 162.1101, 162.1601, 162.1801, 162.1401, (b) SPECIAL RULES.— (ii) ANALYSIS.—The National Committee 162.1501, 162.1201, 162.1701, and 162.1301 of title (1) RULES OF CONSTRUCTION.—Nothing in on Vital and Health Statistics shall analyze 45, Code of Federal Regulations, respec- this section shall be construed— the sample of the plans furnished under tively. (A) as modifying the October 16, 2003, dead- clause (i). SEC. 3. REQUIRING ELECTRONIC SUBMISSION OF line for a small health plan to comply with MEDICARE CLAIMS. (B) REPORTS ON SOLUTIONS.—The National the requirements of subparts I through R of (a) IN GENERAL.—Section 1862 of the Social Committee on Vital and Health Statistics part 162 of title 45, Code of Federal Regula- Security Act (42 U.S.C. 1395y) is amended— shall regularly publish, and widely dissemi- tions; or (1) in subsection (a)— nate to the public, reports containing effec- (B) as modifying— (A) by striking ‘‘or’’ at the end of para- tive solutions to compliance problems iden- (i) the April 14, 2003, deadline for a health graph (20); tified in the plans analyzed under subpara- care provider, a health plan (other than a (B) by striking the period at the end of graph (A). Such reports shall not relate spe- small health plan), or a health care clearing- paragraph (21) and inserting ‘‘; or’’; and cifically to any one plan but shall be written house to comply with the requirements of (C) by inserting after paragraph (21) the for the purpose of assisting the maximum subpart E of part 164 of title 45, Code of Fed- following new paragraph: number of persons to come into compliance eral Regulations; or ‘‘(22) subject to subsection (h), for which a by addressing the most common or chal- (ii) the April 14, 2004, deadline for a small claim is submitted other than in an elec- lenging problems encountered by persons health plan to comply with the requirements tronic form specified by the Secretary.’’; and submitting such plans. of such subpart. (2) by inserting after subsection (g) the fol- (C) CONSULTATION.—In carrying out this (2) APPLICABILITY OF PRIVACY STANDARDS lowing new subsection: paragraph, the National Committee on Vital BEFORE COMPLIANCE DEADLINE FOR INFORMA- ‘‘(h)(1) The Secretary— and Health Statistics shall consult with each TION TRANSACTION STANDARDS.— ‘‘(A) shall waive the application of sub- organization— (A) IN GENERAL.—Notwithstanding any section (a)(22) in cases in which— (i) described in section 1172(c)(3)(B) of the other provision of law, during the period ‘‘(i) there is no method available for the Social Security Act (42 U.S.C. 1320d– that begins on April 14, 2003, and ends on Oc- submission of claims in an electronic form; 1(c)(3)(B)); or tober 16, 2003, a health care provider or, sub- or (ii) designated by the Secretary of Health ject to subparagraph (B), a health care clear- ‘‘(ii) the entity submitting the claim is a and Human Services under section 162.910(a) inghouse, that transmits any health infor- small provider of services or supplier; and of title 45, Code of Federal Regulations. mation in electronic form in connection with ‘‘(B) may waive the application of such (D) PROTECTION OF CONFIDENTIAL INFORMA- a transaction described in subparagraph (C) subsection in such unusual cases as the Sec- TION.— shall comply with the requirements of sub- retary finds appropriate. (i) IN GENERAL.—The Secretary of Health part E of part 164 of title 45, Code of Federal ‘‘(2) For purposes of this subsection, the and Human Services shall ensure that any Regulations, without regard to whether the term ‘small provider of services or supplier’ material provided under subparagraph (A) to transmission meets the standards required means— the National Committee on Vital and Health by part 162 of such title. ‘‘(A) a provider of services with fewer than Statistics or any organization described in (B) APPLICATION TO HEALTH CARE CLEARING- 25 full-time equivalent employees; or subparagraph (C) is redacted so as to prevent HOUSES.—For purposes of this paragraph, ‘‘(B) a physician, practitioner, facility, or the disclosure of any— during the period described in subparagraph supplier (other than provider of services) (I) trade secrets; (A), an entity that processes or facilitates with fewer than 10 full-time equivalent em- (II) commercial or financial information the processing of information in connection ployees.’’. that is privileged or confidential; and with a transaction described in subparagraph (b) EFFECTIVE DATE.—The amendments (III) other information the disclosure of (C) and that otherwise would be treated as a made by subsection (a) shall apply to claims which would constitute a clearly unwar- health care clearinghouse shall be treated as submitted on or after October 16, 2003. ranted invasion of personal privacy. a health care clearinghouse without regard SEC. 4. CLARIFICATION WITH RESPECT TO APPLI- (ii) CONSTRUCTION.—Nothing in clause (i) to whether the processing or facilitation pro- CABILITY OF ADMINISTRATIVE SIM- shall be construed to affect the application duces (or is required to produce) standard PLIFICATION REQUIREMENTS TO of section 552 of title 5, United States Code MEDICARE+CHOICE ORGANIZA- data elements or a standard transaction as TIONS. (commonly known as the ‘‘Freedom of Infor- required by part 162 of title 45, Code of Fed- Section 1171(5)(D) of the Social Security mation Act’’), including the exceptions from eral Regulations. Act (42 U.S.C. 1320d(5)(D)) is amended by disclosure provided under subsection (b) of (C) TRANSACTIONS DESCRIBED.—The trans- striking ‘‘Part A or part B’’ and inserting such section. actions described in this subparagraph are ‘‘Parts A, B, or C’’. (6) ENFORCEMENT THROUGH EXCLUSION FROM the following: SEC. 5. AUTHORIZATION OF APPROPRIATIONS PARTICIPATION IN MEDICARE.— (i) A health care claims or equivalent en- FOR IMPLEMENTATION OF REGULA- (A) IN GENERAL.—In the case of a person de- counter information transaction. TIONS. scribed in paragraph (1) who fails to submit (ii) A health care payment and remittance (a) IN GENERAL.—Subject to subsection (b), a plan in accordance with paragraph (2), and advice transaction. and in addition to any other amounts that who is not in compliance with the applicable (iii) A coordination of benefits transaction. may be authorized to be appropriated, there requirements of subparts I through R of part (iv) A health care claim status transaction. are authorized to be appropriated a total of 162 of title 45, Code of Federal Regulations, (v) An enrollment and disenrollment in a $44,200,000, for— on or after October 16, 2002, the person may health plan transaction. (1) technical assistance, education and out- be excluded at the discretion of the Sec- (vi) An eligibility for a health plan trans- reach, and enforcement activities related to retary of Health and Human Services from action. subparts I through R of part 162 of title 45, participation (including under part C or as a (vii) A health plan premium payments Code of Federal Regulations; and contractor under sections 1816, 1842, and 1893) transaction. (2) adopting the standards required to be in title XVIII of the Social Security Act (42 (viii) A referral certification and author- adopted under section 1173 of the Social Se- U.S.C. 1395 et seq.). ization transaction. curity Act (42 U.S.C. 1320d–2). (B) PROCEDURE.—The provisions of section (c) DEFINITIONS.—In this section— (b) REDUCTIONS.— 1128A of the Social Security Act (42 U.S.C. (1) the terms ‘‘health care provider’’, (1) MODEL FORM 14 DAYS LATE.—If the Sec- 1320a–7a) (other than the first and second ‘‘health plan’’, and ‘‘health care clearing- retary fails to promulgate the model form sentences of subsection (a) and subsection house’’ have the meaning given those terms described in section 1(a)(4) by the date that (b)) shall apply to an exclusion under this in section 1171 of the Social Security Act (42 is 14 days after the deadline described in paragraph in the same manner as such provi- U.S.C. 1320d) and section 160.103 of title 45, such section, the amount referred to in sub- sions apply with respect to an exclusion or Code of Federal Regulations; section (a) shall be reduced by 25 percent. proceeding under section 1128A(a) of such (2) the terms ‘‘small health plan’’ and (2) MODEL FORM 30 DAYS LATE.—If the Sec- Act. ‘‘transaction’’ have the meaning given those retary fails to promulgate the model form H8774 CONGRESSIONAL RECORD — HOUSE December 4, 2001 described in section 1(a)(4) by the date that We in Congress strongly support the took on the second question. They is 30 days after the deadline described in goals of administrative simplification. championed commonsense provisions such section, the amount referred to in sub- The provision’s implementation will in HIPAA that ensure the transition to section (a) shall be reduced by 50 percent. eliminate the confusing patchwork of fully electronic transfers between (3) MODEL FORM 45 DAYS LATE.—If the Sec- retary fails to promulgate the model form electronic and paper standards that health plans and providers. Electronic described in section 1(a)(4) by the date that exist in the health care marketplace. claiming is far superior to the old-fash- is 45 days after the deadline described in However, as plans and providers move ioned paper version. It saves money, it such section, the amount referred to in sub- toward common electronic standards, saves trees, and it typically saves pa- section (a) shall be reduced by 75 percent. we must also recognize that their ef- tients from paying out-of-pocket for (4) MODEL FORM 60 DAYS LATE.—If the Sec- forts will require a significant amount services ultimately covered by insur- retary fails to promulgate the model form of time and money, and that perhaps ance. described in section 1(a)(4) by the date that the time frames Congress originally set The deadline for implementing phase is 60 days after the deadline described in such section, the amount referred to in sub- forth in statute to comply with these 1 of this transition is October 2002, but section (a) shall be reduced by 100 percent. rules should be modified. the reality is some sectors of the On August 17, 2000, the Department of health industry and State governments The SPEAKER pro tempore. Pursu- Health and Human Services published need extra time to make the technical ant to the rule, the gentleman from its final rule implementing the stand- and the procedural changes necessary Louisiana (Mr. TAUZIN) and the gen- ards for electronic health care trans- to achieve compliance. Delaying the tleman from Ohio (Mr. BROWN) each actions. The rule required all plans and compliance deadlines for administra- will control 20 minutes. providers to come into compliance Mr. BROWN of Ohio. Mr. Speaker, I tive simplification is not an action any with administrative simplification ask unanimous consent that the gen- Member of Congress, Mr. Speaker, standards by October 16, 2002. From should take lightly. tleman from California (Mr. STARK) be speaking with many people in the CMS has estimated that the elec- permitted to control 10 minutes of the health care system during the past tronic claims processing can save $30 time on this side. year, we have concluded that this dead- billion over 10 years. Any delay in im- The SPEAKER pro tempore. Is there line is much too ambitious. plementation reduces, obviously, those objection to the request of the gen- That is why we are here today. The associated savings. Health plans and tleman from Ohio? Hobson legislation will provide plans There was no objection. providers throughout the country have and providers with one additional year Mr. TAUZIN. Mr. Speaker, I ask invested time and money to gear up for to come into compliance with the ad- unanimous consent that the gentle- this transition. To the extent that ministrative simplification standards. their new operations sit idle, they are woman from Connecticut (Mrs. JOHN- His legislation, which is a compromise losing money too. That said, it would SON) on behalf of the gentleman from product negotiated between the bill’s be inappropriate to fault both public California (Mr. THOMAS) be permitted sponsors, the gentleman from Arizona to control 10 minutes of time on this and private sector entities that work (Mr. SHADEGG), the Committee on En- side. in good faith against a deadline they ergy and Commerce, and the Com- The SPEAKER pro tempore. Is there did not create and found they simply mittee on Ways and Means allows cov- objection to the request of the gen- could not meet. ered entities the extra time they need tleman from Louisiana? Mr. Speaker, H.R. 3323 accommodates to ensure that they will continue tak- There was no objection. the concerns of those on both sides of ing steps to come into compliance. this issue. Under this legislation, GENERAL LEAVE I would like to point out that one im- health plans and providers must either Mr. TAUZIN. Mr. Speaker, I ask portant change to the legislation is meet the current compliance deadline unanimous consent that all Members now in the bill in its reintroduced or demonstrate their plans for achiev- may have 5 legislative days within version. In its original form, H.R. 3323 ing compliance by October 2003. This which to revise and extend their re- imposed a $1 user fee on every paper one-time 1-year extension creates a marks and insert extraneous material claim submitted to the Medicare pro- cushion for organizations bumping up on this legislation now being consid- gram. This provision has been replaced against the current deadline without ered. with a requirement that health care permitting an undue or indefinite The SPEAKER pro tempore. Is there entities, with the exception of small delay. objection to the request of the gen- providers, submit their claims to the Mr. Speaker, I am pleased to support tleman from Louisiana? Medicare program in electronic format. this reasonable compromise. I again There was no objection. This requirement refinement signifi- thank the gentlemen from Ohio (Mr. Mr. TAUZIN. Mr. Speaker, I yield cantly improves the bill and eliminates SAWYER) and (Mr. HOBSON) for their myself such time as I may consume. a tremendous burden for providers and good work. Mr. Speaker, I rise in support of H.R. the government. b 1630 3323, the Administrative Simplification Mr. Speaker, this legislation has Compliance Act introduced by the gen- been vetted extensively with the stake- Mr. TAUZIN. Mr. Speaker, I am very tleman from Ohio (Mr. HOBSON). holders in the health care system. It pleased to yield 3 minutes to the dis- A little over 5 years ago, Congress deserves everyone’s vote and we should tinguished gentleman from Florida passed the Health Insurance Port- all be grateful for the fine work of the (Mr. BILIRAKIS), the chairman of the ability and Accountability Act, or gentleman from Ohio (Mr. HOBSON) in Subcommittee on Health of the Com- HIPAA, a far-reaching law that im- the area. mittee on Energy and Commerce. posed significant new requirements on Mr. Speaker, I reserve the balance of Mr. BILIRAKIS. Mr. Speaker, I ap- health care plans and providers and my time. preciate the gentleman yielding time created basic consumer protections in Mr. BROWN of Ohio. Mr. Speaker, I to me. a number of areas. One of the most im- yield myself 3 minutes. Mr. Speaker, I rise in support of H.R. portant provisions of the act, although Mr. Speaker, in 1996 Congress passed 3323, a bill that would ensure that infrequently discussed in Congress, re- landmark legislation, and most of us stakeholders in America’s health care lates to administrative simplification. know it as Kennedy/Kassebaum or system are able to comply with regula- This provision implements common HIPAA, that answered several difficult tions to standardize electronic health standards for electronic health care questions: How do we minimize cov- care transactions. transactions. It was designed to in- erage disruptions and barriers in the This legislation extends by 1 year the crease the health care system’s effi- private health insurance market? How deadline for compliance with adminis- ciency and effectiveness, to improve do we improve the efficiency of health trative simplification provisions cre- law enforcement’s ability to prevent care financing and delivery in the ated as part of the Health Insurance fraud and abuse, and generally to re- United States? Portability and Accountability Act of duce administrative burdens for plans The gentlemen from my home State 1996, which we fondly pronounce as and providers. of Ohio (Mr. SAWYER) and (Mr. HOBSON) HIPAA. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8775 The legislation also implements an In 1993, my colleague, the gentleman retary of the Department of Health and orderly transition process that will en- from Ohio, began to develop legislation Human Services explaining the steps sure that covered entities will be in a that would create a standard frame- they will take to reach compliance. position to implement the new regula- work for electronic filing of health One other important fact. This bill tions by October of 2003. care claims. Today, we all recognize also ensures that the additional time In 1996, Congress passed HIPAA to electronic health care filing represents provided is fully utilized, from the gov- improve efficiency and effectiveness in significant advantages over paper fil- ernment’s perspective. Our bill in- the health care system, to make it ings for every level of health care, from cludes an authorization for $44.2 mil- easier to detect fraud and abuse, facili- providers to insurance. lion for the Department of Health and tate access to health and medical in- However, the patchwork of different Human Services which will allow the formation by researchers, and to re- computer systems needed to electroni- Department to adequately prepare for duce administrative costs. cally file claims with different health the transition. When we passed HIPAA in 1996, it was care payers made the process a com- This authorization will support ac- the largest government action in plicated, expensive, and unwieldy situ- tivities at the Department associated health care since the creation of Medi- ation. with finishing the remaining work on care. Administrative simplification In 1996, our work culminated in the the original standards providing tech- and standardization of the way medical administrative simplification provi- nical assistance and educational out- data is transmitted electronically is sions included in the Health Insurance reach and enforcement activities. vital to improving the quality of med- Portability and Accountability Act of Finally, our bill requires the filing of ical care. The American health care 1996, which required a common format electronic claims with Medicare by ex- system currently has more than 12 mil- for electronic health care claims. This tending the deadline to October 16, lion providers, plans, suppliers, and would have the effect of simplifying 2003, with the exception for small pro- other participants that require access the administrative burden associated viders and those physically unable to to medical data. with health care transactions, and file electronically. This will help pre- Today, there is no single standard by would, according to the Health Care Fi- vent backsliding to paper transactions which this data can be exchanged elec- nancing Administration at the time, and will help focus all entities on tronically. Therefore, the full benefit produce $9.9 billion in savings for the reaching the cost-saving goals of the of the technological revolution has yet health care community. original statute. to be implemented by the health care By reducing administrative overhead, In conclusion, this statute represents industry. Standardization of electronic we also help improve the quality of a balanced package of measures that data has the potential to simplify ad- health care by freeing up resources now does not simply delay the administra- ministrative functions, increase proc- devoted to paperwork and administra- tive simplification provisions, but essing of medical claims, and improve tion. However, for a variety of reasons, rather, provides a clear plan and one- the quality of care while substantially the regulations implementing the ad- time extension to reach compliance in reducing health care costs. ministrative simplification provisions the marketplace. However, flawed implementation of enacted in 1996 were delayed. I urge my colleagues to support this this process will prevent the full ben- Now, 5 years later, two final rules are legislation; and I would like to thank efit of standardization from being real- set to take effect shortly. The first, re- the staffs of both committees, my staff, ized. This bill alleviates this problem garding medical privacy, is left un- Michael Beer, the staff of the gen- by requiring that each stakeholder touched by the legislation before this tleman from Ohio (Mr. SAWYER), and seeking an extension submit a report body today, and will take effect as to the Secretary of Health and Human the staff of the Committee on Com- Services on how they plan to imple- scheduled in April of 2003. The second, merce. I would like to thank the leadership ment electronic standardization. This establishing code sets in transactions, will allow the Secretary to have access is set to take effect October 16, 2002. and the staff of the Committee on However, the current state of readi- to the best transition plans that are Ways and Means, and particularly the ness in the health care community is proposed, allowing for an exchange of leadership of the gentleman from information that will benefit stake- inconsistent, and significant sectors Texas (Mr. ARMEY) and the Speaker, holders less prepared to implement this have argued for additional time to un- who encouraged us to bring this bill process. dertake systems changes necessary to forward. We think we have done some- H.R. 3323 is a thoughtful and logical reach compliance. At the same time, thing good here. approach to ensuring that health care some entities clearly will be ready for Mr. STARK. Mr. Speaker, will the beneficiaries are able to take the full- the first set of standards. gentleman yield? est advantage of the coming revolution Mr. Speaker, the gentleman from Mr. HOBSON. I yield to the gen- in medical care. I thank the gentleman Ohio (Mr. SAWYER) and I recognize the tleman from California. from Arizona (Mr. SHADEGG) for taking need for additional time for some enti- Mr. STARK. Mr. Speaker, I appre- the lead on this issue for the Com- ties to come into compliance. At the ciate the gentleman’s leadership in mittee on Energy and Commerce and same time, we must ensure that this this. the gentleman from Ohio (Mr. HOBSON) time is fully utilized by all the parties I heard the gentleman’s statement for introducing the support legislation. and that those entities that want to about the authorization for I think the I urge my colleagues to join me in move forward can do so without pen- $44.2 million for CMS for the Depart- supporting H.R. 3323. alty. ment of Health and Human Services to Mr. TAUZIN. Mr. Speaker, I yield the Our legislation provides a solution to carry out their work. balance of my time to the gentleman the current status by establishing two I know, as a distinguished member of from Ohio (Mr. HOBSON), the author of tracks for entities covered by the origi- the Committee on Appropriations, that the legislation. nal statute. For those plans and pro- that will come to the gentleman in an- The SPEAKER pro tempore (Mr. viders who will be ready to go by Octo- other form. CULBERSON). The gentleman from Ohio ber, 2002, they can proceed under the I often feel that we have added many (Mr. HOBSON) is recognized for 4 min- original timetable. These entities can chores to the Department of Health utes. be sending and receiving electronic and Human Services without being so Mr. HOBSON. Mr. Speaker, we have transactions under the new standard- concerned as to how they will perform before us today a reasonable and bal- ized format in October of next year. the activities. I want to commend the anced bill that provides the final push However, our legislation also recog- gentleman for thinking ahead and ask- for an idea that my colleague, the gen- nizes some entities may have under- ing for the support for the Department tleman from Ohio (Mr. SAWYER), and estimated what was needed to be oper- of Health and Human Services to see myself have been working on for 7 ationally compliant with the standards that they have the resources to carry years: The simplification of paperwork of 2002. That is why our bill includes a out this work. I would like to join with associated with paying health care provision which allows these plans and him to see that we get the appropriated costs. providers to file a plan with the Sec- funds. H8776 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Mr. BROWN of Ohio. Mr. Speaker, I For those who will not be ready, the ties. It is not open-ended; it does re- yield 4 minutes to my colleague, the bill holds them accountable by requir- quire everybody who is going to be re- gentleman from Summit and Portage ing them to file a plan documenting sponsible to comply to think about Counties, Ohio (Mr. SAWYER). how they will reach compliance. If they what it is going to take to come into Mr. SAWYER. Mr. Speaker, I thank fail to do so, they may not be able to compliance with this very important my friend, the gentleman from Lorain participate in Medicare. provision, but one that is complicated, County, Ohio, for yielding time to me. The document must include a budget, particularly for small providers or I particularly want to thank my col- a work plan, and an implementation very, very large providers in this era of league, the gentleman from Ohio (Mr. strategy for reaching compliance. This rapid change. HOBSON), for his leadership, his persist- will ensure that at the end of the dead- It forces those responsible to comply ence, and his hard work, and in the last line all providers, plans, and other to think about what budget it will year, his attention to detail with re- health care groups are ready. The plan take, what work plan will accomplish gard to the administration of this. must also outline a time frame for the goal, what needs to be tested, what I would also like to thank the chair- electronic testing, which means that strategy needs to be adopted to impact man and ranking members of the Com- consumers can be assured that there and accomplish compliance with the mittee on Energy and Commerce and will be no disruptions in delivery, al- HIPAA requirements. That is good. the Committee on Ways and Means, though the bill does provide additional That means it will happen more surely and particularly, their counterparts in time to reach compliance. and with better or greater effective- the leadership of the subcommittees Everyone involved in this should ness. having to do with health care of both know that this is a one-time deal. We It not only requires that kind of bodies. hope Members will not come back planning, but it does not discourage Mr. Speaker, I want to thank them again asking for any further delays. those who can comply sooner. for their assistance on this legislation, The answer the next time will be, I am b 1645 for bringing it to the floor. This meas- certain, a clear and inarguable no. ure is a bipartisan compromise which This legislation will facilitate a I am particularly pleased that the keeps administrative simplification on smooth transition to processing elec- Department of Health and Human track and should be passed by the tronic transactions and medical infor- Services under this legislation would House. The gentleman from Ohio (Mr. mation by authorizing funds for HHS be required to issue model guidance HOBSON) and I first started working on to issue the next set of regulations, and plans. So a lot of small providers can this back in the early 1990s. We met perhaps, even more importantly, to just take this plan, fill in the blanks with a broad spectrum of industry provide outreach, education, and tech- and know exactly what they need to do groups on how to streamline the proc- nical assistance to those who seek to and how they need to do it. esses of administrative information comply. In addition, I am pleased that the bill and financial transactions. Many doctors’ offices will need that requires the Secretary to disseminate By standardizing these efforts for kind of help in reaching compliance. reports from evaluating these plans electronic transmission, we, along with This bill gives HHS the ability to help that provide solutions to some of the the industry, strongly believed that them. problems that are identified through this would reduce paperwork, limit Almost 10 years ago, we set out to reviewing the compliance plans. This fraud and abuse where it may or may make the health care system more effi- creates, in fact, a new partnership be- not exist, and help contain health care cient by encouraging the responsible tween government and the private sec- costs. electronic transfer of data. This legis- tor as we near the compliance date for Every time we stand up here and talk lation will help us meet that goal. I the HIPAA requirements, and I think about limiting waste, fraud and abuse, urge its passage. that is going to mean a better quality we do it too often by simply cutting Mrs. JOHNSON of Connecticut. Mr. of compliance as well as surer compli- money with the hopes that under that Speaker, I yield myself such time as I ance with a new date a year from 2002, rubric, dollars lost can somehow go may consume. March 31. unreplaced. This goes a great deal fur- Mr. Speaker, I rise in strong support I am also pleased that the bill does ther. It outlines a practical, hard- of the Hobson bill. It is instructive actually require all Medicare claims to headed way to achieve the kinds of sav- that we passed this directive in 1996. be submitted electronically with the ings that we are talking about, and That is 5 years ago. This was going to following exceptions: If there is no have been in this legislation for the save the system $30 billion through method to submit an electronic claim; last 5 years. greater efficiency, so it was with great or if one is a very small provider, a fa- Back in September of 1993, the gen- conviction that many of us resisted, in- cility with fewer than 25 full-time em- tleman from Ohio (Mr. HOBSON) and I cluding the gentleman from California ployees; or a physician practice with introduced this legislation for the first (Chairman THOMAS) of the Committee fewer than 10 full-time employees; or time. After 3 years of extensive and de- on Ways and Means, resisted a delay, in unusual circumstances as deter- tailed consultation, the bill was in- and particularly an open-ended delay, mined by the Secretary. I also believe cluded in HIPAA. According to HHS, as of the implementation of these admin- that many of those small providers are we have heard, it is expected to save istrative simplification provisions of going to use electronic means of sub- about $30 billion. the Health Insurance Portability and mission because they are going to find Now, 5 years after enactment of the Accountability Act. it much faster, much more efficient, legislation, the first of a series of regu- However, in recent weeks it has be- they will get paid more rapidly, and it lations are due to take effect next come very clear that a number of pro- will be more accurate. year. While an awful lot of health viders and plans, as well as the State But this bill does recognize that plans, hospital, and stakeholders have governments, have some legitimate small compliers and certain other situ- invested millions of dollars to be reasons why they will have a hard time ations may require an exception. So I ready, some plans and some State Med- complying by the October 2002 deadline commend my colleagues, the gen- icaid systems simply will not be in and have asked for a year’s extension. tleman from Ohio (Mr. Hobson) and the compliance in time. The gentlemen from Ohio (Mr. HOB- gentleman from Ohio (Mr. Sawyer) for That concern that this would disrupt SON and Mr. SAWYER) have developed a moving with and through both the transmission of health and financial in- very responsible compromise which the Committee on Ways and Means and the formation and cause any number of Committee on Ways and Means sup- Committee on Energy and Commerce problems for the health care consumer ports, the Committee on Energy and to bring this to the floor. It was really is what motivates this legislation Commerce supports, and really is a their knowledge of this issue, their in- today. This bipartisan effort will pre- good example of how rational thinking sight, their determination that helped vent that from happening while still can guide the Nation effectively. us find this very constructive solution. ensuring that the regulations are im- This bill just creates a smoother Mr. Speaker, I reserve the balance of plemented in a timely manner. glide path to compliance for all enti- my time. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8777 Mr. STARK. Mr. Speaker, I yield my- woman from Washington (Ms. DUNN), a worked out a situation that I think in self such time as I may consume. member of the Subcommittee on the long run is maybe a better bill than (Mr. STARK asked and was given Health of the Committee on Ways and we wrote, is a better bill than other permission to revise and extend his re- Means. She is a hardworking member. people wrote. The finest solution to marks.) Ms. DUNN. Mr. Speaker, I rise in sup- this is one that is good for this coun- Mr. STARK. Mr. Speaker, I add my port of H.R. 3323. That is a bill to delay try, gives people time but moves the congratulations to the gentleman from the administrative simplification rules system forward to the final completion Ohio (Mr. HOBSON) and the gentleman for 1 year. I want to thank the gen- that we all want. from Ohio (Mr. SAWYER) for working to tleman from California (Chairman I want to particularly thank every- push this bill to fruition. THOMAS), the chairwoman of the Sub- body, all the staffs, all the Members Mr. Speaker, I rise in support of H.R. committee on Health, the gentlewoman who worked so hard to make this work. 3323. I remind my colleagues that the from Connecticut (Mrs. JOHNSON), and Mrs. JOHNSON of Connecticut. Mr. standards that we are talking about particularly my colleague, the gen- Speaker, I thank the gentleman from today for electronic claims and refer- tleman from Ohio (Mr. HOBSON) for Ohio (Mr. HOBSON) for his really out- rals are being passed because the working very, very hard to put a com- standing and consistent leadership on health care industry asked for our promise together that we could live this issue. help. with. They worked diligently and pro- Mr. MARKEY. Mr. Speaker, I rise in support Unlike the banking industry or the vided a 1-year delay without imple- of the language in the Administrative Sim- securities industry and others, the menting a user fee. plification Compliance Act, H.R. 3323 which health care providers could not agree I would like to thank the gentleman exempts from delay the compliance date for amongst themselves on how to talk to from Arizona (Mr. SHADEGG) for work- the Health Insurance Portability and Account- each other electronically. They asked ing with me earlier this year when we ability Act (HIPAA) Privacy Rule. us to step in and help establish stand- introduced legislation to provide for a In 1996 Congress made a promise to the ards, and now many of the sectors of 2-year delay. American people that by February 2001 med- the health industry have realized the While I would have preferred our bill, ical privacy protections would be in place. De- wisdom of the saying, ‘‘Be careful what I recognize that the compromise we spite the efforts of privacy opponents who lob- you wish for, you might get it.’’ have today balances the need of main- bied this Administration heavily to postpone They support the goals of the admin- taining oversight and encouraging all the effective date of these protections, the istrative simplification, but they now providers to comply with the regula- final privacy rule went forward in April 2001— say they underestimated the effort it tions. a victory for patients, doctors and the quality will take for them to comply, and they I am very pleased that the user fees of our nation’s health care. But we’re not quite say they need more time. I think some were removed from this legislation. out of the woods yet—the Administration has of the sectors, particularly hospitals, Like many of my colleagues, I was con- indicated that certain sections of this rule are are ready to go and would like to par- cerned about requiring some physician to be opened for public comment early next ticipate in what they think might be to pay a user fee when they will experi- year. It is my hope that this plan will not serve up to $30 billion in savings. And I ence a reduction in Medicare payments to undermine the strong privacy protections al- agree. I want these simplification plans next year. This delay is vital to help ready in place and that the compliance date to be adopted as soon as possible and those struggling to meet the challenges for these protections will not be postponed. with as little delay as we can allow of compliance. The people I represent, The date of compliance for these first time, them and still let them officially go the doctors, the hospitals and the fundamental medical privacy protections is ahead and put these rules into effect. health plans, support a delay. April 2003. While we can all agree that these I would like to make one thing quite I ask my colleagues to support this protections don’t go far enough in providing clear for the record, and that is that legislation. It is good legislation. Let comprehensive privacy for medical records this bill does not delay the HIPAA pri- us get it to the President’s desk before they are a good first step. vacy regulation, not for health plans, the end of the year. I praise Representative HOBSON, the author not for health care providers, not for Mrs. JOHNSON of Connecticut. Mr. of H.R. 3323, for including language to pre- health care clearinghouses. There has Speaker, I yield such time as he may serve the compliance date for the HIPAA pri- been some concern that extending the consume to the gentleman from Ohio vacy protections. Americans have waited far transaction and codes sets compliance (Mr. HOBSON). too long for medical privacy and they deserve deadline would effectively exempt Mr. HOBSON. Mr. Speaker, I want to it as soon possible. some health care providers and health thank my colleague, the gentleman Mr. SHADEGG. Mr. Speaker, I rise to sup- care clearinghouses from the privacy from Ohio (Mr. BROWN) as well as the port H.R. 3323, the Administrative Simplifica- rule. gentleman from Ohio (Mr. SAWYER) tion Compliance Act. Mr. Speaker, earlier this This bill should remove any and all again, and all the people who worked year, I introduced legislation, H.R. 1975, that ambiguity on that point. Any health on this. would have greatly assisted health care pro- care provider or health care clearing- I want to explain to people this is a viders, physicians, health plans, and the states house that would be subject to the pri- very complicated situation. This is not in coming into compliance with the Administra- vacy rule before we pass this bill will easy to do. It is not easy to understand tive Simplification provisions that were passed still be subject to the privacy rule after what we are doing. This is a massive as part of the Health Insurance Portability and we pass this bill, and they will need to change in how we do things. But when Accountability Act (HIPAA). My bill recognized comply by April of 2003. The bill does we get done it will be more cost effec- the difficulty that health plans, providers, and not delay the privacy compliance dead- tive. We will have less fraud. We will states face in updating their computer systems line or negatively impact the privacy have less abuse because we will have by delaying the HIPAA compliance date to the regulation. It is that simple. standardized coding. And we will have later of October 16, 2004, or two years after Having said that, again, all the peo- electronic transfer. And the frustra- the Secretary finalized all of the Administrative ple who have worked so diligently to tions that people have in doctors’ of- Simplification regulations. Unfortunately, how- bring this compromise and this bill to fices about the huge stacks of bills that ever, there was skepticism as to the merit of the floor, indeed, are to be congratu- they are trying to collect should go any extension. lated. I hope it will save money, help away. That is a real step forward. While the intention of the Administrative the beneficiaries get their information We hope to save more than the $29.9 Simplification requirements is meritorious— more quickly and more efficiently, and billion that we are talking about in moving from a slothy paper-based health care help the providers provide good med- this bill with this type of activity. transaction system to an efficient electronic- ical care to more people for less money The most important thing I want based one—it is clear that health plans and over the years to come. people to understand is sometimes we providers will not be able to meet the dead- Mr. Speaker, I yield back the balance get all wrapped up in fights amongst lines set forth in regulations that were late in of my time. ourselves. We did not in this legisla- their release. According to a recent survey Mrs. JOHNSON of Connecticut. Mr. tion. The committees came together, conducted by Phoenix Health Systems, ‘‘in- Speaker, I yield 1 minute to the gentle- the Members came together, and we dustry-wide readiness for the October 16, H8778 CONGRESSIONAL RECORD — HOUSE December 4, 2001 2002 transactions deadline is questionable— I ask my colleagues to join me in support of Sec. 302. Small provider technical assistance even unlikely. this bill. demonstration program. Further evidence of the difficulty of meeting Mrs. JOHNSON of Connecticut. Mr. Sec. 303. Medicare Provider Ombudsman; the October 16, 2002 deadline for transactions Speaker, I have no further requests for Medicare Beneficiary Ombuds- man. and code sets found in an October 11, 2001 time, and I yield back the balance of Sec. 304. Beneficiary outreach demonstra- letter signed by the National Governors Asso- my time. tion program. Mr. BROWN of Ohio. Mr. Speaker, I ciation, National Conference of State Legisla- TITLE IV—APPEALS AND RECOVERY tures, Council of State Governments, National have no further requests for time, and I yield back the balance of my time. Sec. 401. Transfer of responsibility for medi- Association of Counties, National League of care appeals. Cities, and the U.S. Conference of Mayors The SPEAKER pro tempore (Mr. Sec. 402. Process for expedited access to re- which stated ‘‘State and local governments will CULBERSON). The question is on the mo- view. be unable to meet the requirements of HIPAA tion offered by the gentleman from Sec. 403. Revisions to medicare appeals proc- under the current implementation schedule. Louisiana (Mr. TAUZIN) that the House ess. Regardless of whether other covered enti- suspend the rules and pass the bill, Sec. 404. Prepayment review. ties—such as hospitals, health plans, pro- H.R. 3323, as amended. Sec. 405. Recovery of overpayments. viders, and clearinghouse—except to be com- The question was taken. Sec. 406. Provider enrollment process; right of appeal. pliant with HIPAA under the current system, if The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of Sec. 407. Process for correction of minor er- state and local governments are not ready, rors and omissions on claims HIPAA will not work.’’ those present have voted in the affirm- without pursuing appeals proc- The bill on the floor today represents a com- ative. ess. promise. The bill does not contain all of the Mrs. JOHNSON of Connecticut. Mr. Sec. 408. Prior determination process for provisions I would like. It is, however, an im- Speaker, on that I demand the yeas certain items and services; ad- provement over its original form, which con- and nays. vance beneficiary notices. tained an onerous user fee on Medicare pro- The yeas and nays were ordered. TITLE V—MISCELLANEOUS PROVISIONS viders, an idea that has been rejected by the The SPEAKER pro tempore. Pursu- Sec. 501. Policy development regarding eval- House of Representatives time and time ant to clause 8 of rule XX and the uation and management (E & again. In addition, the compliance plans that Chair’s prior announcement, further M) documentation guidelines. covered entities will have to submit—some- proceedings on this motion will be Sec. 502. Improvement in oversight of tech- postponed. nology and coverage. thing that will get entities to focus on how to Sec. 503. Treatment of hospitals for certain come into compliance—will be less burden- f services under medicare sec- some under the new amended bill. I still have MEDICARE REGULATORY AND ondary payor (MSP) provisions. concerns about the bill’s effect on small pro- CONTRACTING REFORM ACT OF Sec. 504. EMTALA improvements. viders, but believe that the exceptions we 2001 Sec. 505. Emergency Medical Treatment and have included are sufficient to not punish Active Labor Act (EMTALA) small physician practices. Mrs. JOHNSON of Connecticut. Mr. Technical Advisory Group. Mr. Speaker, I want to thank Mr. HOBSON, Speaker, I move to suspend the rules Sec. 506. Authorizing use of arrangements with other hospice programs to Mr. SAWYER, Chairman TAUZIN, and Chairman and pass the bill (H.R. 3391) to amend title XVIII of the Social Security Act provide core hospice services in THOMAS for their work on this issue. certain circumstances. Mr. DINGELL. Mr. Speaker, H.R. 3323, the to provide regulatory relief and con- tracting flexibility under the Medicare Sec. 507. Application of OSHA bloodborne ‘‘Administrative Simplification Compliance Act’’ pathogens standard to certain is a responsible compromise. Congressman Program. hospitals. HOBSON and SAWYER have addressed the The Clerk read as follows: Sec. 508. One-year delay in lock in proce- concerns of the health care industry while H.R. 3391 dures for Medicare+Choice maintaining the integrity of the administrative Be it enacted by the Senate and House of Rep- plans; change in simplification requirements. H.R. 3323 also re- resentatives of the United States of America in Medicare+Choice reporting Congress assembled, deadlines and annual, coordi- flects the bipartisan input of the committees of nated election period for 2002. jurisdiction, the Committee on Energy and SECTION 1. SHORT TITLE; AMENDMENTS TO SO- CIAL SECURITY ACT; TABLE OF CON- Sec. 509. BIPA-related technical amendments Commerce and the Committee on Ways and TENTS. and corrections. Means. (a) SHORT TITLE.—This Act may be cited as Sec. 510. Conforming authority to waive a H.R. 3323 delays the implementation of the the ‘‘Medicare Regulatory and Contracting program exclusion. administrative simplification requirements in Reform Act of 2001’’. Sec. 511. Treatment of certain dental claims. the Health Insurance Portability and Account- (b) AMENDMENTS TO SOCIAL SECURITY Sec. 512. Miscellaneous reports, studies, and ability Act of 1996 (HIPAA) by one year. It en- ACT.—Except as otherwise specifically pro- publication requirements. sures, however, that those sectors of the vided, whenever in this Act an amendment is SEC. 2. FINDINGS AND CONSTRUCTION. expressed in terms of an amendment to or re- (a) FINDINGS.—Congress finds the fol- health care industry that take advantage of peal of a section or other provision, the ref- this delay are using the extra year to ready lowing: erence shall be considered to be made to that (1) The overwhelming majority of pro- themselves for compliance. section or other provision of the Social Secu- viders of services and suppliers in the United Most importantly, the bill ensures that the rity Act. States are law-abiding persons who provide one-year delay of administrative simplification (c) TABLE OF CONTENTS.—The table of con- important health care services to patients does not touch the implementation of the tents of this Act is as follows: each day. health information privacy requirements in Sec. 1. Short title; amendments to Social (2) The Secretary of Health and Human HIPAA, which will go into effect as scheduled. Security Act; table of contents. Services should work to streamline paper- H.R. 3323 also requires that Medicare Sec. 2. Findings and construction. work requirements under the medicare pro- claims be submitted electronically, with rea- Sec. 3. Definitions. gram and communicate clearer instructions sonable exceptions. The Medicare program TITLE I—REGULATORY REFORM to providers of services and suppliers so that Sec. 101. Issuance of regulations. they may spend more time caring for pa- has paved the way in moving from paper- tients. based claims processing to electronic proc- Sec. 102. Compliance with changes in regula- tions and policies. (b) CONSTRUCTION.—Nothing in this Act essing, and this requirement will help Medi- Sec. 103. Reports and studies relating to reg- shall be construed— care run more smoothly. ulatory reform. (1) to compromise or affect existing legal Ultimately, the administration simplification TITLE II—CONTRACTING REFORM remedies for addressing fraud or abuse, requirements in HIPAA will make our health whether it be criminal prosecution, civil en- Sec. 201. Increased flexibility in medicare forcement, or administrative remedies, in- system more efficient. These requirements will administration. result in billions of dollars in savings, thus cluding under sections 3729 through 3733 of Sec. 202. Requirements for information secu- title 31, United States Code (known as the freeing up more funds to focus on expanding rity for medicare administra- False Claims Act); or health care coverage and promoting higher tive contractors. (2) to prevent or impede the Department of quality care. H.R. 3323 reaffirms the impor- TITLE III—EDUCATION AND OUTREACH Health and Human Services in any way from tance of these requirements while giving addi- Sec. 301. Provider education and technical its ongoing efforts to eliminate waste, fraud, tional time to prepare for their implementation. assistance. and abuse in the medicare program. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8779 Furthermore, the consolidation of medicare regulations based on the previous publica- ‘‘(i) such retroactive application is nec- administrative contracting set forth in this tion of a proposed regulation or an interim essary to comply with statutory require- Act does not constitute consolidation of the final regulation. ments; or Federal Hospital Insurance Trust Fund and ‘‘(B) Such timeline may vary among dif- ‘‘(ii) failure to apply the change retro- the Federal Supplementary Medical Insur- ferent regulations based on differences in the actively would be contrary to the public in- ance Trust Fund or reflect any position on complexity of the regulation, the number terest.’’. that issue. and scope of comments received, and other (2) EFFECTIVE DATE.—The amendment SEC. 3. DEFINITIONS. relevant factors, but shall not be longer than made by paragraph (1) shall apply to sub- 3 years except under exceptional cir- (a) USE OF TERM SUPPLIER IN MEDICARE.— stantive changes issued on or after the date Section 1861 (42 U.S.C. 1395x) is amended by cumstances. If the Secretary intends to vary of the enactment of this Act. inserting after subsection (c) the following such timeline with respect to the publication (b) TIMELINE FOR COMPLIANCE WITH SUB- new subsection: of a final regulation, the Secretary shall STANTIVE CHANGES AFTER NOTICE.— cause to have published in the Federal Reg- (1) IN GENERAL.—Section 1871(e)(1), as ‘‘Supplier ister notice of the different timeline by not added by subsection (a), is amended by add- ‘‘(d) The term ‘supplier’ means, unless the later than the timeline previously estab- ing at the end the following: context otherwise requires, a physician or lished with respect to such regulation. Such ‘‘(B)(i) Except as provided in clause (ii), a other practitioner, a facility, or other entity notice shall include a brief explanation of substantive change referred to in subpara- (other than a provider of services) that fur- the justification for such variation. graph (A) shall not become effective before nishes items or services under this title.’’. ‘‘(C) In the case of interim final regula- the end of the 30-day period that begins on (b) OTHER TERMS USED IN ACT.—In this tions, upon the expiration of the regular the date that the Secretary has issued or Act: timeline established under this paragraph for published, as the case may be, the sub- (1) BIPA.—The term ‘‘BIPA’’ means the the publication of a final regulation after op- stantive change. Medicare, Medicaid, and SCHIP Benefits Im- portunity for public comment, the interim ‘‘(ii) The Secretary may provide for such a provement and Protection Act of 2000, as en- final regulation shall not continue in effect substantive change to take effect on a date acted into law by section 1(a)(6) of Public unless the Secretary publishes (at the end of that precedes the end of the 30-day period Law 106–554. the regular timeline and, if applicable, at the under clause (i) if the Secretary finds that (2) SECRETARY.—The term ‘‘Secretary’’ end of each succeeding 1-year period) a no- waiver of such 30-day period is necessary to means the Secretary of Health and Human tice of continuation of the regulation that comply with statutory requirements or that Services. includes an explanation of why the regular the application of such 30-day period is con- TITLE I—REGULATORY REFORM timeline (and any subsequent 1-year exten- trary to the public interest. If the Secretary sion) was not complied with. If such a notice SEC. 101. ISSUANCE OF REGULATIONS. provides for an earlier effective date pursu- is published, the regular timeline (or such (a) CONSOLIDATION OF PROMULGATION TO ant to this clause, the Secretary shall in- timeline as previously extended under this ONCE A MONTH.— clude in the issuance or publication of the paragraph) for publication of the final regu- (1) IN GENERAL.—Section 1871 (42 U.S.C. substantive change a finding described in the lation shall be treated as having been ex- 1395hh) is amended by adding at the end the first sentence, and a brief statement of the tended for 1 additional year. following new subsection: reasons for such finding. ‘‘(D) The Secretary shall annually submit ‘‘(C) No action shall be taken against a ‘‘(d)(1) Subject to paragraph (2), the Sec- to Congress a report that describes the in- retary shall issue proposed or final (includ- provider of services or supplier with respect stances in which the Secretary failed to pub- to noncompliance with such a substantive ing interim final) regulations to carry out lish a final regulation within the applicable this title only on one business day of every change for items and services furnished be- regular timeline under this paragraph and fore the effective date of such a change.’’. month. that provides an explanation for such fail- (2) EFFECTIVE DATE.—The amendment ‘‘(2) The Secretary may issue a proposed or ures.’’. final regulation described in paragraph (1) on made by paragraph (1) shall apply to compli- (2) EFFECTIVE DATE.—The amendment any other day than the day described in ance actions undertaken on or after the date made by paragraph (1) shall take effect on of the enactment of this Act. paragraph (1) if the Secretary— the date of the enactment of this Act. The (c) RELIANCE ON GUIDANCE.— ‘‘(A) finds that issuance of such regulation Secretary shall provide for an appropriate (1) IN GENERAL.—Section 1871(e), as added on another day is necessary to comply with transition to take into account the backlog requirements under law; or by subsection (a), is further amended by add- of previously published interim final regula- ing at the end the following new paragraph: ‘‘(B) finds that with respect to that regula- tions. ‘‘(2)(A) If— tion the limitation of issuance on the date (c) LIMITATIONS ON NEW MATTER IN FINAL ‘‘(i) a provider of services or supplier fol- described in paragraph (1) is contrary to the REGULATIONS.— lows the written guidance (which may be public interest. (1) IN GENERAL.—Section 1871(a) (42 U.S.C. transmitted electronically) provided by the If the Secretary makes a finding under this 1395hh(a)), as amended by subsection (b), is Secretary or by a medicare contractor (as paragraph, the Secretary shall include such further amended by adding at the end the defined in section 1889(g)) acting within the finding, and brief statement of the reasons following new paragraph: for such finding, in the issuance of such reg- ‘‘(4) If the Secretary publishes notice of scope of the contractor’s contract authority, ulation. proposed rulemaking relating to a regulation with respect to the furnishing of items or ‘‘(3) The Secretary shall coordinate (including an interim final regulation), inso- services and submission of a claim for bene- issuance of new regulations described in far as such final regulation includes a provi- fits for such items or services with respect to paragraph (1) relating to a category of pro- sion that is not a logical outgrowth of such such provider or supplier; vider of services or suppliers based on an notice of proposed rulemaking, that provi- ‘‘(ii) the Secretary determines that the analysis of the collective impact of regu- sion shall be treated as a proposed regulation provider of services or supplier has accu- latory changes on that category of providers and shall not take effect until there is the rately presented the circumstances relating or suppliers.’’. further opportunity for public comment and to such items, services, and claim to the con- (2) GAO REPORT ON PUBLICATION OF REGULA- a publication of the provision again as a tractor in writing; and TIONS ON A QUARTERLY BASIS.—Not later than final regulation.’’. ‘‘(iii) the guidance was in error; 3 years after the date of the enactment of (2) EFFECTIVE DATE.—The amendment the provider of services or supplier shall not this Act, the Comptroller General of the made by paragraph (1) shall apply to final be subject to any sanction (including any United States shall submit to Congress a re- regulations published on or after the date of penalty or requirement for repayment of any port on the feasibility of requiring that regu- the enactment of this Act. amount) if the provider of services or sup- plier reasonably relied on such guidance. lations described in section 1871(d) of the So- SEC. 102. COMPLIANCE WITH CHANGES IN REGU- cial Security Act be promulgated on a quar- LATIONS AND POLICIES. ‘‘(B) Subparagraph (A) shall not be con- terly basis rather than on a monthly basis. (a) NO RETROACTIVE APPLICATION OF SUB- strued as preventing the recoupment or re- (3) EFFECTIVE DATE.—The amendment STANTIVE CHANGES.— payment (without any additional penalty) made by paragraph (1) shall apply to regula- (1) IN GENERAL.—Section 1871 (42 U.S.C. relating to an overpayment insofar as the tions promulgated on or after the date that 1395hh), as amended by section 101(a), is overpayment was solely the result of a cler- is 30 days after the date of the enactment of amended by adding at the end the following ical or technical operational error.’’. this Act. new subsection: (2) EFFECTIVE DATE.—The amendment (b) REGULAR TIMELINE FOR PUBLICATION OF ‘‘(e)(1)(A) A substantive change in regula- made by paragraph (1) shall take effect on FINAL RULES.— tions, manual instructions, interpretative the date of the enactment of this Act but (1) IN GENERAL.—Section 1871(a) (42 U.S.C. rules, statements of policy, or guidelines of shall not apply to any sanction for which no- 1395hh(a)) is amended by adding at the end general applicability under this title shall tice was provided on or before the date of the the following new paragraph: not be applied (by extrapolation or other- enactment of this Act. ‘‘(3)(A) The Secretary, in consultation with wise) retroactively to items and services fur- SEC. 103. REPORTS AND STUDIES RELATING TO the Director of the Office of Management nished before the effective date of the REGULATORY REFORM. and Budget, shall establish and publish a change, unless the Secretary determines (a) GAO STUDY ON ADVISORY OPINION AU- regular timeline for the publication of final that— THORITY.— H8780 CONGRESSIONAL RECORD — HOUSE December 4, 2001

(1) STUDY.—The Comptroller General of the organization, or other person with a contract ‘‘(A) IN GENERAL.—Except as provided in United States shall conduct a study to deter- under this section. laws with general applicability to Federal mine the feasibility and appropriateness of ‘‘(B) APPROPRIATE MEDICARE ADMINISTRA- acquisition and procurement or in subpara- establishing in the Secretary authority to TIVE CONTRACTOR.—With respect to the per- graph (B), the Secretary shall use competi- provide legally binding advisory opinions on formance of a particular function in relation tive procedures when entering into contracts appropriate interpretation and application of to an individual entitled to benefits under with medicare administrative contractors regulations to carry out the medicare pro- part A or enrolled under part B, or both, a under this section, taking into account per- gram under title XVIII of the Social Secu- specific provider of services or supplier (or formance quality as well as price and other rity Act. Such study shall examine the ap- class of such providers of services or sup- factors. propriate timeframe for issuing such advi- pliers), the ‘appropriate’ medicare adminis- ‘‘(B) RENEWAL OF CONTRACTS.—The Sec- sory opinions, as well as the need for addi- trative contractor is the medicare adminis- retary may renew a contract with a medi- tional staff and funding to provide such opin- trative contractor that has a contract under care administrative contractor under this ions. this section with respect to the performance section from term to term without regard to (2) REPORT.—The Comptroller General of that function in relation to that indi- section 5 of title 41, United States Code, or shall submit to Congress a report on the vidual, provider of services or supplier or any other provision of law requiring com- study conducted under paragraph (1) by not class of provider of services or supplier. petition, if the medicare administrative con- later than January 1, 2003. ‘‘(4) FUNCTIONS DESCRIBED.—The functions tractor has met or exceeded the performance (b) REPORT ON LEGAL AND REGULATORY IN- referred to in paragraphs (1) and (2) are pay- requirements applicable with respect to the CONSISTENCIES.—Section 1871 (42 U.S.C. ment functions, provider services functions, contract and contractor, except that the 1395hh), as amended by section 2(a), is and functions relating to services furnished Secretary shall provide for the application of amended by adding at the end the following to individuals entitled to benefits under part competitive procedures under such a con- new subsection: A or enrolled under part B, or both, as fol- tract not less frequently than once every five ‘‘(f)(1) Not later than 2 years after the date lows: years. of the enactment of this subsection, and ‘‘(A) DETERMINATION OF PAYMENT ‘‘(C) TRANSFER OF FUNCTIONS.—The Sec- every 2 years thereafter, the Secretary shall AMOUNTS.—Determining (subject to the pro- retary may transfer functions among medi- submit to Congress a report with respect to care administrative contractors consistent the administration of this title and areas of visions of section 1878 and to such review by the Secretary as may be provided for by the with the provisions of this paragraph. The inconsistency or conflict among the various Secretary shall ensure that performance provisions under law and regulation. contracts) the amount of the payments re- quired pursuant to this title to be made to quality is considered in such transfers. The ‘‘(2) In preparing a report under paragraph Secretary shall provide public notice (wheth- (1), the Secretary shall collect— providers of services, suppliers and individ- uals. er in the Federal Register or otherwise) of ‘‘(A) information from individuals entitled any such transfer (including a description of to benefits under part A or enrolled under ‘‘(B) MAKING PAYMENTS.—Making pay- ments described in subparagraph (A) (includ- the functions so transferred, a description of part B, or both, providers of services, and the providers of services and suppliers af- suppliers and from the Medicare Beneficiary ing receipt, disbursement, and accounting for funds in making such payments). fected by such transfer, and contact informa- Ombudsman and the Medicare Provider Om- tion for the contractors involved). budsman with respect to such areas of incon- ‘‘(C) BENEFICIARY EDUCATION AND ASSIST- ‘‘(D) INCENTIVES FOR QUALITY.—The Sec- ANCE.—Providing education and outreach to sistency and conflict; and retary shall provide incentives for medicare individuals entitled to benefits under part A ‘‘(B) information from medicare contrac- administrative contractors to provide qual- or enrolled under part B, or both, and pro- tors that tracks the nature of written and ity service and to promote efficiency. telephone inquiries. viding assistance to those individuals with ‘‘(2) COMPLIANCE WITH REQUIREMENTS.—No ‘‘(3) A report under paragraph (1) shall in- specific issues, concerns or problems. contract under this section shall be entered clude a description of efforts by the Sec- ‘‘(D) PROVIDER CONSULTATIVE SERVICES.— into with any medicare administrative con- retary to reduce such inconsistency or con- Providing consultative services to institu- tractor unless the Secretary finds that such flicts, and recommendations for legislation tions, agencies, and other persons to enable medicare administrative contractor will per- or administrative action that the Secretary them to establish and maintain fiscal form its obligations under the contract effi- determines appropriate to further reduce records necessary for purposes of this title such inconsistency or conflicts.’’. ciently and effectively and will meet such re- and otherwise to qualify as providers of serv- quirements as to financial responsibility, TITLE II—CONTRACTING REFORM ices or suppliers. legal authority, quality of services provided, SEC. 201. INCREASED FLEXIBILITY IN MEDICARE ‘‘(E) COMMUNICATION WITH PROVIDERS.— and other matters as the Secretary finds per- ADMINISTRATION. Communicating to providers of services and tinent. (a) CONSOLIDATION AND FLEXIBILITY IN suppliers any information or instructions ‘‘(3) PERFORMANCE REQUIREMENTS.— MEDICARE ADMINISTRATION.— furnished to the medicare administrative ‘‘(A) DEVELOPMENT OF SPECIFIC PERFORM- (1) IN GENERAL.—Title XVIII is amended by contractor by the Secretary, and facilitating ANCE REQUIREMENTS.—In developing contract inserting after section 1874 the following new communication between such providers and performance requirements, the Secretary section: suppliers and the Secretary. shall develop performance requirements ap- ‘‘CONTRACTS WITH MEDICARE ADMINISTRATIVE ‘‘(F) PROVIDER EDUCATION AND TECHNICAL plicable to functions described in subsection CONTRACTORS ASSISTANCE.—Performing the functions relat- (a)(4). ‘‘SEC. 1874A. (a) AUTHORITY.— ing to provider education, training, and tech- ‘‘(B) CONSULTATION.— In developing such ‘‘(1) AUTHORITY TO ENTER INTO CON- nical assistance. requirements, the Secretary may consult TRACTS.—The Secretary may enter into con- ‘‘(G) ADDITIONAL FUNCTIONS.—Performing with providers of services and suppliers, or- tracts with any eligible entity to serve as a such other functions as are necessary to ganizations representing individuals entitled medicare administrative contractor with re- carry out the purposes of this title. to benefits under part A or enrolled under spect to the performance of any or all of the ‘‘(5) RELATIONSHIP TO MIP CONTRACTS.— part B, or both, and organizations and agen- functions described in paragraph (4) or parts ‘‘(A) NONDUPLICATION OF DUTIES.—In enter- cies performing functions necessary to carry of those functions (or, to the extent provided ing into contracts under this section, the out the purposes of this section with respect in a contract, to secure performance thereof Secretary shall assure that functions of to such performance requirements. by other entities). medicare administrative contractors in car- ‘‘(C) INCLUSION IN CONTRACTS.—All con- ‘‘(2) ELIGIBILITY OF ENTITIES.—An entity is rying out activities under parts A and B do tractor performance requirements shall be eligible to enter into a contract with respect not duplicate activities carried out under the set forth in the contract between the Sec- to the performance of a particular function Medicare Integrity Program under section retary and the appropriate medicare admin- described in paragraph (4) only if— 1893. The previous sentence shall not apply istrative contractor. Such performance ‘‘(A) the entity has demonstrated capa- with respect to the activity described in sec- requirements— bility to carry out such function; tion 1893(b)(5) (relating to prior authoriza- ‘‘(i) shall reflect the performance require- ‘‘(B) the entity complies with such conflict tion of certain items of durable medical ments developed under subparagraph (A), but of interest standards as are generally appli- equipment under section 1834(a)(15)). may include additional performance require- cable to Federal acquisition and procure- ‘‘(B) CONSTRUCTION.—An entity shall not be ments; ment; treated as a medicare administrative con- ‘‘(ii) shall be used for evaluating con- ‘‘(C) the entity has sufficient assets to fi- tractor merely by reason of having entered tractor performance under the contract; and nancially support the performance of such into a contract with the Secretary under sec- ‘‘(iii) shall be consistent with the written function; and tion 1893. statement of work provided under the con- ‘‘(D) the entity meets such other require- ‘‘(6) APPLICATION OF FEDERAL ACQUISITION tract. ments as the Secretary may impose. REGULATION.—Except to the extent incon- ‘‘(4) INFORMATION REQUIREMENTS.—The Sec- ‘‘(3) MEDICARE ADMINISTRATIVE CONTRACTOR sistent with a specific requirement of this retary shall not enter into a contract with a DEFINED.—For purposes of this title and title title, the Federal Acquisition Regulation ap- medicare administrative contractor under XI— plies to contracts under this title. this section unless the contractor agrees— ‘‘(A) IN GENERAL.—The term ‘medicare ad- ‘‘(b) CONTRACTING REQUIREMENTS.— ‘‘(A) to furnish to the Secretary such time- ministrative contractor’ means an agency, ‘‘(1) USE OF COMPETITIVE PROCEDURES.— ly information and reports as the Secretary December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8781 may find necessary in performing his func- Secretary to be criminal in nature, fraudu- (1) The heading is amended to read as fol- tions under this title; and lent, or grossly negligent. If indemnification lows: ‘‘(B) to maintain such records and afford is provided by the Secretary with respect to ‘‘PROVISIONS RELATING TO THE such access thereto as the Secretary finds a contractor before a determination that ADMINISTRATION OF PART B’’. necessary to assure the correctness and such costs arose directly from such conduct, (2) Subsection (a) is amended to read as verification of the information and reports the contractor shall reimburse the Secretary follows: under subparagraph (A) and otherwise to for costs of indemnification. ‘‘(a) The administration of this part shall carry out the purposes of this title. ‘‘(C) SCOPE OF INDEMNIFICATION.—Indem- be conducted through contracts with medi- ‘‘(5) SURETY BOND.—A contract with a nification by the Secretary under subpara- care administrative contractors under sec- medicare administrative contractor under graph (A) may include payment of judg- tion 1874A.’’. this section may require the medicare ad- ments, settlements (subject to subparagraph (3) Subsection (b) is amended— ministrative contractor, and any of its offi- (D)), awards, and costs (including reasonable (A) by striking paragraph (1); cers or employees certifying payments or legal expenses). (B) in paragraph (2)— disbursing funds pursuant to the contract, or ‘‘(D) WRITTEN APPROVAL FOR SETTLE- (i) by striking subparagraphs (A) and (B); otherwise participating in carrying out the MENTS.—A contractor or other person de- (ii) in subparagraph (C), by striking ‘‘car- scribed in subparagraph (A) may not propose contract, to give surety bond to the United riers’’ and inserting ‘‘medicare administra- States in such amount as the Secretary may to negotiate a settlement or compromise of a tive contractors’’; and deem appropriate. proceeding described in such subparagraph (iii) by striking subparagraphs (D) and (E); ‘‘(c) TERMS AND CONDITIONS.— without the prior written approval of the (C) in paragraph (3)— ‘‘(1) IN GENERAL.—A contract with any Secretary to negotiate such settlement or (i) in the matter before subparagraph (A), medicare administrative contractor under compromise. Any indemnification under sub- by striking ‘‘Each such contract shall pro- this section may contain such terms and paragraph (A) with respect to amounts paid vide that the carrier’’ and inserting ‘‘The conditions as the Secretary finds necessary under a settlement or compromise of a pro- Secretary’’; or appropriate and may provide for advances ceeding described in such subparagraph are (ii) by striking ‘‘will’’ the first place it ap- of funds to the medicare administrative con- conditioned upon prior written approval by pears in each of subparagraphs (A), (B), (F), tractor for the making of payments by it the Secretary of the final settlement or com- under subsection (a)(4)(B). promise. (G), (H), and (L) and inserting ‘‘shall’’; (iii) in subparagraph (B), in the matter be- ‘‘(2) PROHIBITION ON MANDATES FOR CERTAIN ‘‘(E) CONSTRUCTION.—Nothing in this para- DATA COLLECTION.—The Secretary may not graph shall be construed— fore clause (i), by striking ‘‘to the policy- require, as a condition of entering into, or ‘‘(i) to change any common law immunity holders and subscribers of the carrier’’ and renewing, a contract under this section, that that may be available to a medicare admin- inserting ‘‘to the policyholders and sub- the medicare administrative contractor istrative contractor or person described in scribers of the medicare administrative con- match data obtained other than in its activi- subparagraph (A); or tractor’’; ties under this title with data used in the ad- ‘‘(ii) to permit the payment of costs not (iv) by striking subparagraphs (C), (D), and ministration of this title for purposes of otherwise allowable, reasonable, or allocable (E); identifying situations in which the provi- under the Federal Acquisition Regulations.’’. (v) in subparagraph (H)— sions of section 1862(b) may apply. (2) CONSIDERATION OF INCORPORATION OF (I) by striking ‘‘if it makes determinations ‘‘(d) LIMITATION ON LIABILITY OF MEDICARE CURRENT LAW STANDARDS.—In developing or payments with respect to physicians’ ADMINISTRATIVE CONTRACTORS AND CERTAIN contract performance requirements under services,’’; and OFFICERS.— section 1874A(b) of the Social Security Act, (II) by striking ‘‘carrier’’ and inserting ‘‘(1) CERTIFYING OFFICER.—No individual as inserted by paragraph (1), the Secretary ‘‘medicare administrative contractor’’; designated pursuant to a contract under this shall consider inclusion of the performance (vi) by striking subparagraph (I); section as a certifying officer shall, in the standards described in sections 1816(f)(2) of (vii) in subparagraph (L), by striking the absence of gross negligence or intent to de- such Act (relating to timely processing of re- semicolon and inserting a period; fraud the United States, be liable with re- considerations and applications for exemp- (viii) in the first sentence, after subpara- spect to any payments certified by the indi- tions) and section 1842(b)(2)(B) of such Act graph (L), by striking ‘‘and shall contain’’ vidual under this section. (relating to timely review of determinations and all that follows through the period; and ‘‘(2) DISBURSING OFFICER.—No disbursing and fair hearing requests), as such sections (ix) in the seventh sentence, by inserting officer shall, in the absence of gross neg- were in effect before the date of the enact- ‘‘medicare administrative contractor,’’ after ligence or intent to defraud the United ment of this Act. ‘‘carrier,’’; and States, be liable with respect to any pay- (b) CONFORMING AMENDMENTS TO SECTION (D) by striking paragraph (5); ment by such officer under this section if it 1816 (RELATING TO FISCAL INTERMEDIARIES).— (E) in paragraph (6)(D)(iv), by striking was based upon an authorization (which Section 1816 (42 U.S.C. 1395h) is amended as ‘‘carrier’’ and inserting ‘‘medicare adminis- meets the applicable requirements for such follows: trative contractor’’; and internal controls established by the Comp- (1) The heading is amended to read as fol- (F) in paragraph (7), by striking ‘‘the car- troller General) of a certifying officer des- lows: rier’’ and inserting ‘‘the Secretary’’ each ignated as provided in paragraph (1) of this ‘‘PROVISIONS RELATING TO THE place it appears. subsection. ADMINISTRATION OF PART A’’. (4) Subsection (c) is amended— ‘‘(3) LIABILITY OF MEDICARE ADMINISTRATIVE (2) Subsection (a) is amended to read as (A) by striking paragraph (1); CONTRACTOR.—No medicare administrative follows: (B) in paragraph (2), by striking ‘‘contract contractor shall be liable to the United ‘‘(a) The administration of this part shall under this section which provides for the dis- States for a payment by a certifying or dis- be conducted through contracts with medi- bursement of funds, as described in sub- bursing officer unless in connection with care administrative contractors under sec- section (a)(1)(B),’’ and inserting ‘‘contract such payment or in the supervision of or se- tion 1874A.’’. under section 1874A that provides for making lection of such officer the medicare adminis- (3) Subsection (b) is repealed. payments under this part’’; trative contractor acted with gross neg- (4) Subsection (c) is amended— (C) in paragraph (3)(A), by striking ‘‘sub- ligence. (A) by striking paragraph (1); and section (a)(1)(B)’’ and inserting ‘‘section ‘‘(4) INDEMNIFICATION BY SECRETARY.— (B) in each of paragraphs (2)(A) and (3)(A), 1874A(a)(3)(B)’’; ‘‘(A) IN GENERAL.—Subject to subpara- by striking ‘‘agreement under this section’’ (D) in paragraph (4), by striking ‘‘carrier’’ graphs (B) and (D), in the case of a medicare and inserting ‘‘contract under section 1874A and inserting ‘‘medicare administrative con- administrative contractor (or a person who that provides for making payments under tractor’’; and is a director, officer, or employee of such a this part’’. (E) by striking paragraphs (5) and (6). contractor or who is engaged by the con- (5) Subsections (d) through (i) are repealed. (5) Subsections (d), (e), and (f) are repealed. tractor to participate directly in the claims (6) Subsections (j) and (k) are each (6) Subsection (g) is amended by striking administration process) who is made a party amended— ‘‘carrier or carriers’’ and inserting ‘‘medi- to any judicial or administrative proceeding (A) by striking ‘‘An agreement with an care administrative contractor or contrac- arising from or relating directly to the agency or organization under this section’’ tors’’. claims administration process under this and inserting ‘‘A contract with a medicare (7) Subsection (h) is amended— title, the Secretary may, to the extent the administrative contractor under section (A) in paragraph (2)— Secretary determines to be appropriate and 1874A with respect to the administration of (i) by striking ‘‘Each carrier having an as specified in the contract with the con- this part’’; and agreement with the Secretary under sub- tractor, indemnify the contractor and such (B) by striking ‘‘such agency or organiza- section (a)’’ and inserting ‘‘The Secretary’’; persons. tion’’ and inserting ‘‘such medicare adminis- and ‘‘(B) CONDITIONS.—The Secretary may not trative contractor’’ each place it appears. (ii) by striking ‘‘Each such carrier’’ and in- provide indemnification under subparagraph (7) Subsection (l) is repealed. serting ‘‘The Secretary’’; (A) insofar as the liability for such costs (c) CONFORMING AMENDMENTS TO SECTION (B) in paragraph (3)(A)— arises directly from conduct that is deter- 1842 (RELATING TO CARRIERS).—Section 1842 (i) by striking ‘‘a carrier having an agree- mined by the judicial proceeding or by the (42 U.S.C. 1395u) is amended as follows: ment with the Secretary under subsection H8782 CONGRESSIONAL RECORD — HOUSE December 4, 2001

(a)’’ and inserting ‘‘medicare administrative tion, interpretative rule, statement of pol- ‘‘(i) NEW CONTRACTORS.—In the case of a contractor having a contract under section icy, or guideline issued to carry out such ti- medicare administrative contractor covered 1874A that provides for making payments tles) shall be deemed a reference to an appro- by this subsection that has not previously under this part’’; and priate medicare administrative contractor performed the functions referred to in sub- (ii) by striking ‘‘such carrier’’ and insert- (as provided under section 1874A of the So- paragraphs (A) and (B) of subsection (a)(4) ing ‘‘such contractor’’; cial Security Act). (relating to determining and making pay- (C) in paragraph (3)(B)— (f) REPORTS ON IMPLEMENTATION.— ments) as a fiscal intermediary or carrier (i) by striking ‘‘a carrier’’ and inserting ‘‘a (1) PLAN FOR IMPLEMENTATION.—By not under section 1816 or 1842, the first inde- medicare administrative contractor’’ each later than October 1, 2002, the Secretary pendent evaluation conducted pursuant sub- place it appears; and shall submit a report to Congress and the paragraph (A) shall be completed prior to (ii) by striking ‘‘the carrier’’ and inserting Comptroller General of the United States commencing such functions. ‘‘the contractor’’ each place it appears; and that describes the plan for implementation ‘‘(ii) OTHER CONTRACTORS.—In the case of a (D) in paragraphs (5)(A) and (5)(B)(iii), by of the amendments made by this section. medicare administrative contractor covered striking ‘‘carriers’’ and inserting ‘‘medicare The Comptroller General shall conduct an by this subsection that is not described in administrative contractors’’ each place it evaluation of such plan and shall submit to clause (i), the first independent evaluation appears. Congress, not later than 6 months after the conducted pursuant subparagraph (A) shall (8) Subsection (l) is amended— date the report is received, a report on such be completed within 1 year after the date the (A) in paragraph (1)(A)(iii), by striking evaluation and shall include in such report contractor commences functions referred to ‘‘carrier’’ and inserting ‘‘medicare adminis- such recommendations as the Comptroller in clause (i) under this section. trative contractor’’; and General deems appropriate. ‘‘(C) REPORTS ON EVALUATIONS.— (B) in paragraph (2), by striking ‘‘carrier’’ (2) STATUS OF IMPLEMENTATION.—The Sec- ‘‘(i) TO THE INSPECTOR GENERAL.—The re- and inserting ‘‘medicare administrative con- retary shall submit a report to Congress not sults of independent evaluations under sub- tractor’’. later than October 1, 2006, that describes the paragraph (A) shall be submitted promptly (9) Subsection (p)(3)(A) is amended by status of implementation of such amend- to the Inspector General of the Department striking ‘‘carrier’’ and inserting ‘‘medicare ments and that includes a description of the of Health and Human Services. administrative contractor’’. following: ‘‘(ii) TO CONGRESS.—The Inspector General (10) Subsection (q)(1)(A) is amended by (A) The number of contracts that have of Department of Health and Human Serv- striking ‘‘carrier’’. been competitively bid as of such date. ices shall submit to Congress annual reports (d) EFFECTIVE DATE; TRANSITION RULE.— (B) The distribution of functions among on the results of such evaluations.’’. (1) EFFECTIVE DATE.— contracts and contractors. (b) APPLICATION OF REQUIREMENTS TO FIS- (A) IN GENERAL.—Except as otherwise pro- (C) A timeline for complete transition to CAL INTERMEDIARIES AND CARRIERS.— vided in this subsection, the amendments full competition. (1) IN GENERAL.—The provisions of section made by this section shall take effect on Oc- (D) A detailed description of how the Sec- 1874A(e)(2) of the Social Security Act (other tober 1, 2003, and the Secretary is authorized than subparagraph (B)), as added by sub- to take such steps before such date as may retary has modified oversight and manage- ment of medicare contractors to adapt to section (a), shall apply to each fiscal inter- be necessary to implement such amendments mediary under section 1816 of the Social Se- on a timely basis. full competition. curity Act (42 U.S.C. 1395h) and each carrier (B) CONSTRUCTION FOR CURRENT CON- SEC. 202. REQUIREMENTS FOR INFORMATION SE- under section 1842 of such Act (42 U.S.C. TRACTS.—Such amendments shall not apply CURITY FOR MEDICARE ADMINIS- 1395u) in the same manner as they apply to to contracts in effect before the date speci- TRATIVE CONTRACTORS. medicare administrative contractors under fied under subparagraph (A) that continue to (a) IN GENERAL.—Section 1874A, as added such provisions. retain the terms and conditions in effect on by section 201(a)(1), is amended by adding at (2) DEADLINE FOR INITIAL EVALUATION.—In such date (except as otherwise provided the end the following new subsection: the case of such a fiscal intermediary or car- under this Act, other than under this sec- ‘‘(e) REQUIREMENTS FOR INFORMATION SECU- rier with an agreement or contract under tion) until such date as the contract is let RITY.— such respective section in effect as of the out for competitive bidding under such ‘‘(1) DEVELOPMENT OF INFORMATION SECU- date of the enactment of this Act, the first amendments. RITY PROGRAM.—A medicare administrative evaluation under section 1874A(e)(2)(A) of the (C) DEADLINE FOR COMPETITIVE BIDDING.— contractor that performs the functions re- Social Security Act (as added by subsection The Secretary shall provide for the letting ferred to in subparagraphs (A) and (B) of sub- (a)), pursuant to paragraph (1), shall be com- by competitive bidding of all contracts for section (a)(4) (relating to determining and pleted (and a report on the evaluation sub- functions of medicare administrative con- making payments) shall implement a con- mitted to the Secretary) by not later than 1 tractors for annual contract periods that tractor-wide information security program year after such date. begin on or after October 1, 2008. to provide information security for the oper- (D) WAIVER OF PROVIDER NOMINATION PROVI- ation and assets of the contractor with re- TITLE III—EDUCATION AND OUTREACH SIONS DURING TRANSITION.—During the period spect to such functions under this title. An SEC. 301. PROVIDER EDUCATION AND TECH- beginning on the date of the enactment of information security program under this NICAL ASSISTANCE. this Act and before the date specified under paragraph shall meet the requirements for (a) COORDINATION OF EDUCATION FUNDING.— subparagraph (A), the Secretary may enter information security programs imposed on (1) IN GENERAL.—The Social Security Act is into new agreements under section 1816 of Federal agencies under section 3534(b)(2) of amended by inserting after section 1888 the the Social Security Act (42 U.S.C. 1395h) title 44, United States Code (other than re- following new section: without regard to any of the provider nomi- quirements under subparagraphs (B)(ii), ‘‘PROVIDER EDUCATION AND TECHNICAL nation provisions of such section. (F)(iii), and (F)(iv) of such section). ASSISTANCE (2) GENERAL TRANSITION RULES.—The Sec- ‘‘(2) INDEPENDENT AUDITS.— ‘‘SEC. 1889. (a) COORDINATION OF EDUCATION retary shall take such steps, consistent with ‘‘(A) PERFORMANCE OF ANNUAL EVALUA- FUNDING.—The Secretary shall coordinate paragraph (1)(B) and (1)(C), as are necessary TIONS.—Each year a medicare administrative the educational activities provided through to provide for an appropriate transition from contractor that performs the functions re- medicare contractors (as defined in sub- contracts under section 1816 and section 1842 ferred to in subparagraphs (A) and (B) of sub- section (g), including under section 1893) in of the Social Security Act (42 U.S.C. 1395h, section (a)(4) (relating to determining and order to maximize the effectiveness of Fed- 1395u) to contracts under section 1874A, as making payments) shall undergo an evalua- eral education efforts for providers of serv- added by subsection (a)(1). tion of the information security of the con- ices and suppliers.’’. (3) AUTHORIZING CONTINUATION OF MIP FUNC- tractor with respect to such functions under (2) EFFECTIVE DATE.—The amendment TIONS UNDER CURRENT CONTRACTS AND AGREE- this title. The evaluation shall— made by paragraph (1) shall take effect on MENTS AND UNDER ROLLOVER CONTRACTS.—The ‘‘(i) be performed by an entity that meets the date of the enactment of this Act. provisions contained in the exception in sec- such requirements for independence as the (3) REPORT.—Not later than October 1, 2002, tion 1893(d)(2) of the Social Security Act (42 Inspector General of the Department of the Secretary shall submit to Congress a re- U.S.C. 1395ddd(d)(2)) shall continue to apply Health and Human Services may establish; port that includes a description and evalua- notwithstanding the amendments made by and tion of the steps taken to coordinate the this section, and any reference in such provi- ‘‘(ii) test the effectiveness of information funding of provider education under section sions to an agreement or contract shall be security control techniques for an appro- 1889(a) of the Social Security Act, as added deemed to include a contract under section priate subset of the contractor’s information by paragraph (1). 1874A of such Act, as inserted by subsection systems (as defined in section 3502(8) of title (b) INCENTIVES TO IMPROVE CONTRACTOR (a)(1), that continues the activities referred 44, United States Code) relating to such func- PERFORMANCE.— to in such provisions. tions under this title and an assessment of (1) IN GENERAL.—Section 1874A, as added by (e) REFERENCES.—On and after the effective compliance with the requirements of this section 201(a)(1) and as amended by section date provided under subsection (d)(1), any subsection and related information security 202(a), is amended by adding at the end the reference to a fiscal intermediary or carrier policies, procedures, standards and guide- following new subsection: under title XI or XVIII of the Social Secu- lines. ‘‘(f) INCENTIVES TO IMPROVE CONTRACTOR rity Act (or any regulation, manual instruc- ‘‘(B) DEADLINE FOR INITIAL EVALUATION.— PERFORMANCE IN PROVIDER EDUCATION AND December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8783

OUTREACH.—In order to give medicare admin- may obtain information regarding billing, ‘‘(2) SMALL PROVIDER OF SERVICES OR SUP- istrative contractors an incentive to imple- coding, claims, coverage, and other appro- PLIER.—In this subsection, the term ‘small ment effective education and outreach pro- priate information under this title. provider of services or supplier’ means— grams for providers of services and suppliers, ‘‘(4) MONITORING OF CONTRACTOR RE- ‘‘(A) a provider of services with fewer than the Secretary shall develop and implement a SPONSES.— 25 full-time-equivalent employees; or methodology to measure the specific claims ‘‘(A) IN GENERAL.—Each medicare adminis- ‘‘(B) a supplier with fewer than 10 full- payment error rates of such contractors in trative contractor shall, consistent with time-equivalent employees.’’. the processing or reviewing of medicare standards developed by the Secretary under (2) EFFECTIVE DATE.—The amendment claims.’’. subparagraph (B)— made by paragraph (1) shall take effect on (2) APPLICATION TO FISCAL INTERMEDIARIES ‘‘(i) maintain a system for identifying who October 1, 2002. AND CARRIERS.—The provisions of section provides the information referred to in para- (e) REQUIREMENT TO MAINTAIN INTERNET 1874A(f) of the Social Security Act, as added graphs (2) and (3); and SITES.— by paragraph (1), shall apply to each fiscal ‘‘(ii) monitor the accuracy, consistency, (1) IN GENERAL.—Section 1889, as added by intermediary under section 1816 of the Social and timeliness of the information so pro- subsection (a) and as amended by subsection Security Act (42 U.S.C. 1395h) and each car- vided. (d), is further amended by adding at the end rier under section 1842 of such Act (42 U.S.C. ‘‘(B) DEVELOPMENT OF STANDARDS.— the following new subsection: 1395u) in the same manner as they apply to ‘‘(i) IN GENERAL.—The Secretary shall es- ‘‘(d) INTERNET SITES; FAQS.—The Sec- medicare administrative contractors under tablish and make public standards to mon- retary, and each medicare contractor insofar such provisions. itor the accuracy, consistency, and timeli- as it provides services (including claims (3) GAO REPORT ON ADEQUACY OF METHOD- ness of the information provided in response processing) for providers of services or sup- OLOGY.—Not later than October 1, 2002, the to written and telephone inquiries under this pliers, shall maintain an Internet site Comptroller General of the United States subsection. Such standards shall be con- which— shall submit to Congress and to the Sec- sistent with the performance requirements ‘‘(1) provides answers in an easily acces- retary a report on the adequacy of the meth- established under subsection (b)(3). sible format to frequently asked questions, odology under section 1874A(f)(1) of the So- and ‘‘(ii) EVALUATION.—In conducting evalua- cial Security Act, as added by paragraph (1), tions of individual medicare administrative ‘‘(2) includes other published materials of and shall include in the report such rec- contractors, the Secretary shall take into the contractor, that relate to providers of services and sup- ommendations as the Comptroller General account the results of the monitoring con- determines appropriate with respect to the pliers under the programs under this title ducted under subparagraph (A) taking into methodology. (and title XI insofar as it relates to such pro- account as performance requirements the (4) REPORT ON USE OF METHODOLOGY IN AS- grams).’’. standards established under clause (i). The SESSING CONTRACTOR PERFORMANCE.—Not (2) EFFECTIVE DATE.—The amendment Secretary shall, in consultation with organi- later than October 1, 2002, the Secretary made by paragraph (1) shall take effect on zations representing providers of services, shall submit to Congress a report that de- October 1, 2002. suppliers, and individuals entitled to bene- scribes how the Secretary intends to use (f) ADDITIONAL PROVIDER EDUCATION PROVI- fits under part A or enrolled under part B, or such methodology in assessing medicare con- SIONS.— both, establish standards relating to the ac- tractor performance in implementing effec- (1) IN GENERAL.—Section 1889, as added by curacy, consistency, and timeliness of the in- tive education and outreach programs, in- subsection (a) and as amended by subsections formation so provided.’’. cluding whether to use such methodology as (d) and (e), is further amended by adding at ‘‘(C) DIRECT MONITORING.—Nothing in this a basis for performance bonuses. The report the end the following new subsections: paragraph shall be construed as preventing shall include an analysis of the sources of ‘‘(e) ENCOURAGEMENT OF PARTICIPATION IN the Secretary from directly monitoring the identified errors and potential changes in EDUCATION PROGRAM ACTIVITIES.—A medi- accuracy, consistency, and timeliness of the systems of contractors and rules of the Sec- care contractor may not use a record of at- information so provided.’’. retary that could reduce claims error rates. tendance at (or failure to attend) edu- (2) EFFECTIVE DATE.—The amendment (c) PROVISION OF ACCESS TO AND PROMPT cational activities or other information made by paragraph (1) shall take effect Octo- RESPONSES FROM MEDICARE ADMINISTRATIVE gathered during an educational program con- ber 1, 2002. CONTRACTORS.— ducted under this section or otherwise by the (3) APPLICATION TO FISCAL INTERMEDIARIES (1) IN GENERAL.—Section 1874A, as added by Secretary to select or track providers of section 201(a)(1) and as amended by section AND CARRIERS.—The provisions of section services or suppliers for the purpose of con- 202(a) and subsection (b), is further amended 1874A(g) of the Social Security Act, as added ducting any type of audit or prepayment re- by adding at the end the following new sub- by paragraph (1), shall apply to each fiscal view. ‘‘(f) CONSTRUCTION.—Nothing in this sec- section: intermediary under section 1816 of the Social tion or section 1893(g) shall be construed as ‘‘(g) COMMUNICATIONS WITH BENEFICIARIES, Security Act (42 U.S.C. 1395h) and each car- providing for disclosure by a medicare con- PROVIDERS OF SERVICES AND SUPPLIERS.— rier under section 1842 of such Act (42 U.S.C. tractor of information that would com- ‘‘(1) COMMUNICATION STRATEGY.—The Sec- 1395u) in the same manner as they apply to promise pending law enforcement activities retary shall develop a strategy for commu- medicare administrative contractors under or reveal findings of law enforcement-related nications with individuals entitled to bene- such provisions. audits. (d) IMPROVED PROVIDER EDUCATION AND fits under part A or enrolled under part B, or ‘‘(g) DEFINITIONS.—For purposes of this sec- TRAINING.— both, and with providers of services and sup- tion, the term ‘medicare contractor’ includes (1) IN GENERAL.—Section 1889, as added by pliers under this title. the following: subsection (a), is amended by adding at the ‘‘(2) RESPONSE TO WRITTEN INQUIRIES.—Each ‘‘(1) A medicare administrative contractor end the following new subsections: medicare administrative contractor shall, with a contract under section 1874A, includ- for those providers of services and suppliers ‘‘(b) ENHANCED EDUCATION AND TRAINING.— ing a fiscal intermediary with a contract which submit claims to the contractor for ‘‘(1) ADDITIONAL RESOURCES.—There are au- under section 1816 and a carrier with a con- claims processing and for those individuals thorized to be appropriated to the Secretary tract under section 1842. entitled to benefits under part A or enrolled (in appropriate part from the Federal Hos- ‘‘(2) An eligible entity with a contract under part B, or both, with respect to whom pital Insurance Trust Fund and the Federal under section 1893. claims are submitted for claims processing, Supplementary Medical Insurance Trust Such term does not include, with respect to provide general written responses (which Fund) $25,000,000 for each of fiscal years 2003 activities of a specific provider of services or may be through electronic transmission) in a and 2004 and such sums as may be necessary supplier an entity that has no authority clear, concise, and accurate manner to in- for succeeding fiscal years. under this title or title IX with respect to quiries of providers of services, suppliers and ‘‘(2) USE.—The funds made available under such activities and such provider of services individuals entitled to benefits under part A paragraph (1) shall be used to increase the or supplier.’’. or enrolled under part B, or both, concerning conduct by medicare contractors of edu- (2) EFFECTIVE DATE.—The amendment the programs under this title within 45 busi- cation and training of providers of services made by paragraph (1) shall take effect on ness days of the date of receipt of such in- and suppliers regarding billing, coding, and the date of the enactment of this Act. quiries. other appropriate items and may also be SEC. 302. SMALL PROVIDER TECHNICAL ASSIST- ‘‘(3) RESPONSE TO TOLL-FREE LINES.—The used to improve the accuracy, consistency, ANCE DEMONSTRATION PROGRAM. Secretary shall ensure that each medicare and timeliness of contractor responses. (a) ESTABLISHMENT.— administrative contractor shall provide, for ‘‘(c) TAILORING EDUCATION AND TRAINING (1) IN GENERAL.—The Secretary shall estab- those providers of services and suppliers ACTIVITIES FOR SMALL PROVIDERS OR SUP- lish a demonstration program (in this sec- which submit claims to the contractor for PLIERS.— tion referred to as the ‘‘demonstration pro- claims processing and for those individuals ‘‘(1) IN GENERAL.—Insofar as a medicare gram’’) under which technical assistance de- entitled to benefits under part A or enrolled contractor conducts education and training scribed in paragraph (2) is made available, under part B, or both, with respect to whom activities, it shall tailor such activities to upon request and on a voluntary basis, to claims are submitted for claims processing, a meet the special needs of small providers of small providers of services or suppliers in toll-free telephone number at which such in- services or suppliers (as defined in paragraph order to improve compliance with the appli- dividuals, providers of services and suppliers (2)). cable requirements of the programs under H8784 CONGRESSIONAL RECORD — HOUSE December 4, 2001

medicare program under title XVIII of the (f) FINANCIAL PARTICIPATION BY PRO- ‘‘(b) DUTIES.—The Medicare Beneficiary Social Security Act (including provisions of VIDERS.—The provision of technical assist- Ombudsman shall— title XI of such Act insofar as they relate to ance to a small provider of services or sup- ‘‘(1) receive complaints, grievances, and re- such title and are not administered by the plier under the demonstration program is quests for information submitted by individ- Office of the Inspector General of the Depart- conditioned upon the small provider of serv- uals entitled to benefits under part A or en- ment of Health and Human Services). ices or supplier paying an amount estimated rolled under part B, or both, with respect to (2) FORMS OF TECHNICAL ASSISTANCE.—The (and disclosed in advance of a provider’s or any aspect of the medicare program; technical assistance described in this para- supplier’s participation in the program) to be ‘‘(2) provide assistance with respect to graph is— equal to 25 percent of the cost of the tech- complaints, grievances, and requests referred (A) evaluation and recommendations re- nical assistance. to in paragraph (1), including— garding billing and related systems; and (g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) assistance in collecting relevant in- (B) information and assistance regarding There are authorized to be appropriated to formation for such individuals, to seek an policies and procedures under the medicare the Secretary (in appropriate part from the appeal of a decision or determination made program, including coding and reimburse- Federal Hospital Insurance Trust Fund and by a fiscal intermediary, carrier, ment. the Federal Supplementary Medical Insur- Medicare+Choice organization, or the Sec- (3) SMALL PROVIDERS OF SERVICES OR SUP- ance Trust Fund) to carry out the dem- retary; and PLIERS.—In this section, the term ‘‘small onstration program— ‘‘(B) assistance to such individuals with providers of services or suppliers’’ means— (1) for fiscal year 2003, $1,000,000, and any problems arising from disenrollment (A) a provider of services with fewer than (2) for fiscal year 2004, $6,000,000. from a Medicare+Choice plan under part C; 25 full-time-equivalent employees; or SEC. 303. MEDICARE PROVIDER OMBUDSMAN; and (B) a supplier with fewer than 10 full-time- MEDICARE BENEFICIARY OMBUDS- ‘‘(3) submit annual reports to Congress and MAN. equivalent employees. the Secretary that describe the activities of (a) MEDICARE PROVIDER OMBUDSMAN.—Sec- (b) QUALIFICATION OF CONTRACTORS.—In the Office and that include such rec- tion 1868 (42 U.S.C. 1395ee) is amended— conducting the demonstration program, the ommendations for improvement in the ad- (1) by adding at the end of the heading the Secretary shall enter into contracts with ministration of this title as the Ombudsman following: ‘‘; MEDICARE PROVIDER OMBUDS- qualified organizations (such as peer review determines appropriate. organizations or entities described in section MAN’’; The Ombudsman shall not serve as an advo- 1889(g)(2) of the Social Security Act, as in- (2) by inserting ‘‘PRACTICING PHYSICIANS cate for any increases in payments or new serted by section 5(f)(1)) with appropriate ex- ADVISORY COUNCIL.—(1)’’ after ‘‘(a)’’; coverage of services, but may identify issues pertise with billing systems of the full range (3) in paragraph (1), as so redesignated and problems in payment or coverage poli- of providers of services and suppliers to pro- under paragraph (2), by striking ‘‘in this sec- cies. vide the technical assistance. In awarding tion’’ and inserting ‘‘in this subsection’’; ‘‘(c) WORKING WITH HEALTH INSURANCE such contracts, the Secretary shall consider (4) by redesignating subsections (b) and (c) COUNSELING PROGRAMS.—To the extent pos- any prior investigations of the entity’s work as paragraphs (2) and (3), respectively; and sible, the Ombudsman shall work with by the Inspector General of Department of (5) by adding at the end the following new health insurance counseling programs (re- Health and Human Services or the Comp- subsection: ceiving funding under section 4360 of Omni- troller General of the United States. ‘‘(b) MEDICARE PROVIDER OMBUDSMAN.—The bus Budget Reconciliation Act of 1990) to fa- (c) DESCRIPTION OF TECHNICAL ASSIST- Secretary shall appoint within the Depart- cilitate the provision of information to indi- ANCE.—The technical assistance provided ment of Health and Human Services a Medi- viduals entitled to benefits under part A or under the demonstration program shall in- care Provider Ombudsman. The Ombudsman enrolled under part B, or both regarding clude a direct and in-person examination of shall— Medicare+Choice plans and changes to those billing systems and internal controls of ‘‘(1) provide assistance, on a confidential plans. Nothing in this subsection shall pre- small providers of services or suppliers to de- basis, to providers of services and suppliers clude further collaboration between the Om- termine program compliance and to suggest with respect to complaints, grievances, and budsman and such programs.’’. more efficient or effective means of achiev- requests for information concerning the pro- (c) DEADLINE FOR APPOINTMENT.—The Sec- ing such compliance. grams under this title (including provisions retary shall appoint the Medicare Provider (d) AVOIDANCE OF RECOVERY ACTIONS FOR of title XI insofar as they relate to this title Ombudsman and the Medicare Beneficiary PROBLEMS IDENTIFIED AS CORRECTED.—The and are not administered by the Office of the Ombudsman, under the amendments made by Secretary shall provide that, absent evidence Inspector General of the Department of subsections (a) and (b), respectively, by not of fraud and notwithstanding any other pro- Health and Human Services) and in the reso- later than 1 year after the date of the enact- vision of law, any errors found in a compli- lution of unclear or conflicting guidance ment of this Act. ance review for a small provider of services given by the Secretary and medicare con- (d) FUNDING.—There are authorized to be or supplier that participates in the dem- tractors to such providers of services and appropriated to the Secretary (in appro- onstration program shall not be subject to suppliers regarding such programs and provi- priate part from the Federal Hospital Insur- recovery action if the technical assistance sions and requirements under this title and ance Trust Fund and the Federal Supple- personnel under the program determine such provisions; and mentary Medical Insurance Trust Fund) to that— ‘‘(2) submit recommendations to the Sec- carry out the provisions of subsection (b) of (1) the problem that is the subject of the retary for improvement in the administra- section 1868 of the Social Security Act (relat- compliance review has been corrected to tion of this title and such provisions, ing to the Medicare Provider Ombudsman), their satisfaction within 30 days of the date including— as added by subsection (a)(5) and section 1807 of the visit by such personnel to the small ‘‘(A) recommendations to respond to recur- of such Act (relating to the Medicare Bene- provider of services or supplier; and ring patterns of confusion in this title and ficiary Ombudsman), as added by subsection (2) such problem remains corrected for such provisions (including recommendations (b), such sums as are necessary for fiscal such period as is appropriate. regarding suspending imposition of sanctions year 2002 and each succeeding fiscal year. The previous sentence applies only to claims where there is widespread confusion in pro- (e) USE OF CENTRAL, TOLL-FREE NUMBER (1- filed as part of the demonstration program gram administration), and 800-MEDICARE).— and lasts only for the duration of such pro- ‘‘(B) recommendations to provide for an (1) PHONE TRIAGE SYSTEM; LISTING IN MEDI- gram and only as long as the small provider appropriate and consistent response (includ- CARE HANDBOOK INSTEAD OF OTHER TOLL-FREE of services or supplier is a participant in ing not providing for audits) in cases of self- NUMBERS.—Section 1804(b) (42 U.S.C. 1395b– such program. identified overpayments by providers of serv- 2(b)) is amended by adding at the end the fol- (e) GAO EVALUATION.—Not later than 2 ices and suppliers. lowing: ‘‘The Secretary shall provide, years after the date of the date the dem- The Ombudsman shall not serve as an advo- through the toll-free number 1-800-MEDI- onstration program is first implemented, the cate for any increases in payments or new CARE, for a means by which individuals Comptroller General, in consultation with coverage of services, but may identify issues seeking information about, or assistance the Inspector General of the Department of and problems in payment or coverage poli- with, such programs who phone such toll- Health and Human Services, shall conduct cies.’’. free number are transferred (without charge) an evaluation of the demonstration program. (b) MEDICARE BENEFICIARY OMBUDSMAN.— to appropriate entities for the provision of The evaluation shall include a determination Title XVIII is amended by inserting after such information or assistance. Such toll- of whether claims error rates are reduced for section 1806 the following new section: free number shall be the toll-free number small providers of services or suppliers who ‘‘MEDICARE BENEFICIARY OMBUDSMAN listed for general information and assistance participated in the program and the extent ‘‘SEC. 1807. (a) IN GENERAL.—The Secretary in the annual notice under subsection (a) in- of improper payments made as a result of the shall appoint within the Department of stead of the listing of numbers of individual demonstration program. The Comptroller Health and Human Services a Medicare Ben- contractors.’’. General shall submit a report to the Sec- eficiary Ombudsman who shall have exper- (2) MONITORING ACCURACY.— retary and the Congress on such evaluation tise and experience in the fields of health (A) STUDY.—The Comptroller General of and shall include in such report rec- care and education of (and assistance to) in- the United States shall conduct a study to ommendations regarding the continuation or dividuals entitled to benefits under this monitor the accuracy and consistency of in- extension of the demonstration program. title. formation provided to individuals entitled to December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8785

benefits under part A or enrolled under part (b) TRANSFER OF ADJUDICATION AUTHOR- (B) by striking ‘‘PROCEEDING’’ and all that B, or both, through the toll-free number 1- ITY.— follows through ‘‘DETERMINATION’’ and in- 800-MEDICARE, including an assessment of (1) IN GENERAL.—Not earlier than July 1, serting ‘‘DETERMINATIONS AND RECONSIDER- whether the information provided is suffi- 2003, and not later than October 1, 2003, the ATIONS’’; and cient to answer questions of such individ- Commissioner of Social Security and the (C) by redesignating subclauses (I) and (II) uals. In conducting the study, the Comp- Secretary shall implement the transition as clauses (i) and (ii) and by moving the in- troller General shall examine the education plan under subsection (a) and transfer the dentation of such subclauses (and the matter and training of the individuals providing in- administrative law judge functions described that follows) 2 ems to the left; and formation through such number. in such subsection from the Social Security (3) by adding at the end the following new (B) REPORT.—Not later than 1 year after Administration to the Secretary. paragraph: the date of the enactment of this Act, the (2) ASSURING INDEPENDENCE OF JUDGES.— ‘‘(2) EXPEDITED ACCESS TO JUDICIAL RE- Comptroller General shall submit to Con- The Secretary shall assure the independence VIEW.— gress a report on the study conducted under of administrative law judges performing the ‘‘(A) IN GENERAL.—The Secretary shall es- subparagraph (A). administrative law judge functions trans- tablish a process under which a provider of SEC. 304. BENEFICIARY OUTREACH DEMONSTRA- ferred under paragraph (1) from the Centers services or supplier that furnishes an item or TION PROGRAM. for Medicare & Medicaid Services and its service or an individual entitled to benefits (a) IN GENERAL.—The Secretary shall es- contractors. under part A or enrolled under part B, or tablish a demonstration program (in this (3) GEOGRAPHIC DISTRIBUTION.—The Sec- both, who has filed an appeal under para- section referred to as the ‘‘demonstration retary shall provide for an appropriate geo- graph (1) may obtain access to judicial re- program’’) under which medicare specialists graphic distribution of administrative law view when a review panel (described in sub- employed by the Department of Health and judges performing the administrative law paragraph (D)), on its own motion or at the Human Services provide advice and assist- judge functions transferred under paragraph request of the appellant, determines that no ance to individuals entitled to benefits under (1) throughout the United States to ensure entity in the administrative appeals process part A of title XVIII of the Social Security timely access to such judges. has the authority to decide the question of Act, or enrolled under part B of such title, or (4) HIRING AUTHORITY.—Subject to the law or regulation relevant to the matters in both, regarding the medicare program at the amounts provided in advance in appropria- controversy and that there is no material location of existing local offices of the Social tions Act, the Secretary shall have authority issue of fact in dispute. The appellant may Security Administration. to hire administrative law judges to hear make such request only once with respect to (b) LOCATIONS.— such cases, giving priority to those judges a question of law or regulation in a case of (1) IN GENERAL.—The demonstration pro- an appeal. gram shall be conducted in at least 6 offices with prior experience in handling medicare appeals and in a manner consistent with ‘‘(B) PROMPT DETERMINATIONS.—If, after or or areas. Subject to paragraph (2), in select- coincident with appropriately filing a re- ing such offices and areas, the Secretary paragraph (3), and to hire support staff for such judges. quest for an administrative hearing, the ap- shall provide preference for offices with a pellant requests a determination by the ap- (5) FINANCING.—Amounts payable under high volume of visits by individuals referred propriate review panel that no review panel to in subsection (a). law to the Commissioner for administrative law judges performing the administrative has the authority to decide the question of (2) ASSISTANCE FOR RURAL BENEFICIARIES.— law or regulations relevant to the matters in law judge functions transferred under para- The Secretary shall provide for the selection controversy and that there is no material graph (1) from the Federal Hospital Insur- of at least 2 rural areas to participate in the issue of fact in dispute and if such request is ance Trust Fund and the Federal Supple- demonstration program. In conducting the accompanied by the documents and mate- mentary Medical Insurance Trust Fund shall demonstration program in such rural areas, rials as the appropriate review panel shall become payable to the Secretary for the the Secretary shall provide for medicare spe- require for purposes of making such deter- functions so transferred. cialists to travel among local offices in a mination, such review panel shall make a de- (6) SHARED RESOURCES.—The Secretary rural area on a scheduled basis. termination on the request in writing within shall enter into such arrangements with the (c) DURATION.—The demonstration pro- 60 days after the date such review panel re- Commissioner as may be appropriate with gram shall be conducted over a 3-year period. ceives the request and such accompanying (d) EVALUATION AND REPORT.— respect to transferred functions of adminis- documents and materials. Such a determina- (1) EVALUATION.—The Secretary shall pro- trative law judges to share office space, sup- tion by such review panel shall be considered vide for an evaluation of the demonstration port staff, and other resources, with appro- a final decision and not subject to review by program. Such evaluation shall include an priate reimbursement from the Trust Funds the Secretary. described in paragraph (5). analysis of— ‘‘(C) ACCESS TO JUDICIAL REVIEW.— (A) utilization of, and satisfaction of those (c) INCREASED FINANCIAL SUPPORT.—In ad- ‘‘(i) IN GENERAL.—If the appropriate review individuals referred to in subsection (a) with, dition to any amounts otherwise appro- panel— the assistance provided under the program; priated, to ensure timely action on appeals ‘‘(I) determines that there are no material and before administrative law judges and the De- issues of fact in dispute and that the only (B) the cost-effectiveness of providing ben- partmental Appeals Board consistent with issue is one of law or regulation that no re- eficiary assistance through out-stationing section 1869 of the Social Security Act (as view panel has the authority to decide; or medicare specialists at local offices of the amended by section 521 of BIPA, 114 Stat. ‘‘(II) fails to make such determination Social Security Administration. 2763A–534), there are authorized to be appro- within the period provided under subpara- (2) REPORT.—The Secretary shall submit to priated (in appropriate part from the Federal graph (B); Congress a report on such evaluation and Hospital Insurance Trust Fund and the Fed- then the appellant may bring a civil action shall include in such report recommenda- eral Supplementary Medical Insurance Trust as described in this subparagraph. tions regarding the feasibility of perma- Fund) to the Secretary such sums as are nec- ‘‘(ii) DEADLINE FOR FILING.—Such action nently out-stationing medicare specialists at essary for fiscal year 2003 and each subse- shall be filed, in the case described in— local offices of the Social Security Adminis- quent fiscal year to— ‘‘(I) clause (i)(I), within 60 days of date of tration. (1) increase the number of administrative the determination described in such subpara- TITLE IV—APPEALS AND RECOVERY law judges (and their staffs) under subsection graph; or SEC. 401. TRANSFER OF RESPONSIBILITY FOR (b)(4); ‘‘(II) clause (i)(II), within 60 days of the end MEDICARE APPEALS. (2) improve education and training oppor- of the period provided under subparagraph (a) TRANSITION PLAN.— tunities for administrative law judges (and (B) for the determination. (1) IN GENERAL.—Not later than October 1, their staffs); and ‘‘(iii) VENUE.—Such action shall be brought 2002, the Commissioner of Social Security (3) increase the staff of the Departmental in the district court of the United States for and the Secretary shall develop and transmit Appeals Board. the judicial district in which the appellant is to Congress and the Comptroller General of (d) CONFORMING AMENDMENT.—Section located (or, in the case of an action brought the United States a plan under which the 1869(f)(2)(A)(i) (42 U.S.C. 1395ff(f)(2)(A)(i)), as jointly by more than one applicant, the judi- functions of administrative law judges re- added by section 522(a) of BIPA (114 Stat. cial district in which the greatest number of sponsible for hearing cases under title XVIII 2763A–543), is amended by striking ‘‘of the applicants are located) or in the district of the Social Security Act (and related pro- Social Security Administration’’. court for the District of Columbia. visions in title XI of such Act) are trans- SEC. 402. PROCESS FOR EXPEDITED ACCESS TO ‘‘(iv) INTEREST ON AMOUNTS IN CON- ferred from the responsibility of the Com- REVIEW. TROVERSY.—Where a provider of services or missioner and the Social Security Adminis- (a) EXPEDITED ACCESS TO JUDICIAL RE- supplier seeks judicial review pursuant to tration to the Secretary and the Department VIEW.—Section 1869(b) (42 U.S.C. 1395ff(b)) as this paragraph, the amount in controversy of Health and Human Services. amended by BIPA, is amended— shall be subject to annual interest beginning (2) GAO EVALUATION.—The Comptroller (1) in paragraph (1)(A), by inserting ‘‘, sub- on the first day of the first month beginning General of the United States shall evaluate ject to paragraph (2),’’ before ‘‘to judicial re- after the 60-day period as determined pursu- the plan and, not later than April 1, 2003, view of the Secretary’s final decision’’; ant to clause (ii) and equal to the rate of in- shall submit to Congress a report on such (2) in paragraph (1)(F)— terest on obligations issued for purchase by evaluation. (A) by striking clause (ii); the Federal Hospital Insurance Trust Fund H8786 CONGRESSIONAL RECORD — HOUSE December 4, 2001

and by the Federal Supplementary Medical vider of services or supplier may not intro- (4) SUBMISSION OF RECORD FOR APPEAL.— Insurance Trust Fund for the month in duce evidence in any appeal under this sec- Section 1869(c)(3)(J)(i) (42 U.S.C. which the civil action authorized under this tion that was not presented at the reconsid- 1395ff(c)(3)(J)(i)) by striking ‘‘prepare’’ and paragraph is commenced, to be awarded by eration conducted by the qualified inde- inserting ‘‘submit’’ and by striking ‘‘with re- the reviewing court in favor of the prevailing pendent contractor under subsection (c), un- spect to’’ and all that follows through ‘‘and party. No interest awarded pursuant to the less there is good cause which precluded the relevant policies’’. preceding sentence shall be deemed income introduction of such evidence at or before (d) QUALIFIED INDEPENDENT CONTRAC- or cost for the purposes of determining reim- that reconsideration.’’. TORS.— bursement due providers of services or sup- (2) EFFECTIVE DATE.—The amendment pliers under this Act. made by paragraph (1) shall take effect on (1) ELIGIBILITY REQUIREMENTS OF QUALIFIED INDEPENDENT CONTRACTORS.—Section ‘‘(D) REVIEW PANELS.—For purposes of this October 1, 2002. subsection, a ‘review panel’ is a panel con- (b) USE OF PATIENTS’ MEDICAL RECORDS.— 1869(c)(3) (42 U.S.C. 1395ff(c)(3)), as amended sisting of 3 members (who shall be adminis- Section 1869(c)(3)(B)(i) (42 U.S.C. by BIPA, is amended— trative law judges, members of the Depart- 1395ff(c)(3)(B)(i)), as amended by BIPA, is (A) in subparagraph (A), by striking ‘‘suffi- mental Appeals Board, or qualified individ- amended by inserting ‘‘(including the med- cient training and expertise in medical uals associated with a qualified independent ical records of the individual involved)’’ science and legal matters’’ and inserting contractor (as defined in subsection (c)(2)) or after ‘‘clinical experience’’. ‘‘sufficient medical, legal, and other exper- (c) NOTICE REQUIREMENTS FOR MEDICARE with another independent entity) designated tise (including knowledge of the program APPEALS.— by the Secretary for purposes of making de- under this title) and sufficient staffing’’; and (1) INITIAL DETERMINATIONS AND REDETER- terminations under this paragraph.’’. (B) by adding at the end the following new MINATIONS.—Section 1869(a) (42 U.S.C. (b) APPLICATION TO PROVIDER AGREEMENT subparagraph: 1395ff(a)), as amended by BIPA, is amended DETERMINATIONS.—Section 1866(h)(1) (42 ‘‘(K) INDEPENDENCE REQUIREMENTS.— U.S.C. 1395cc(h)(1)) is amended— by adding at the end the following new para- ‘‘(i) IN GENERAL.—Subject to clause (ii), a (1) by inserting ‘‘(A)’’ after ‘‘(h)(1)’’; and graph: qualified independent contractor shall not (2) by adding at the end the following new ‘‘(4) REQUIREMENTS OF NOTICE OF DETER- conduct any activities in a case unless the subparagraph: MINATIONS AND REDETERMINATIONS.—A writ- entity— ‘‘(B) An institution or agency described in ten notice of a determination on an initial ‘‘(I) is not a related party (as defined in subparagraph (A) that has filed for a hearing determination or on a redetermination, inso- subsection (g)(5)); under subparagraph (A) shall have expedited far as such determination or redetermina- ‘‘(II) does not have a material familial, fi- access to judicial review under this subpara- tion results in a denial of a claim for bene- nancial, or professional relationship with fits, shall include— graph in the same manner as providers of such a party in relation to such case; and ‘‘(A) the specific reasons for the deter- services, suppliers, and individuals entitled ‘‘(III) does not otherwise have a conflict of mination, including— to benefits under part A or enrolled under interest with such a party. ‘‘(i) upon request, the provision of the pol- part B, or both, may obtain expedited access ‘‘(ii) EXCEPTION FOR REASONABLE COMPENSA- icy, manual, or regulation used in making to judicial review under the process estab- TION.—Nothing in clause (i) shall be con- the determination; and lished under section 1869(b)(2). Nothing in strued to prohibit receipt by a qualified inde- ‘‘(ii) as appropriate in the case of a redeter- this subparagraph shall be construed to af- pendent contractor of compensation from mination, a summary of the clinical or sci- fect the application of any remedy imposed the Secretary for the conduct of activities under section 1819 during the pendency of an entific evidence used in making the deter- mination; under this section if the compensation is appeal under this subparagraph.’’. provided consistent with clause (iii). (c) EFFECTIVE DATE.—The amendments ‘‘(B) the procedures for obtaining addi- ‘‘(iii) LIMITATIONS ON ENTITY COMPENSA- made by this section shall apply to appeals tional information concerning the deter- mination or redetermination; and TION.—Compensation provided by the Sec- filed on or after October 1, 2002. retary to a qualified independent contractor (d) EXPEDITED REVIEW OF CERTAIN PRO- ‘‘(C) notification of the right to seek a re- in connection with reviews under this sec- VIDER AGREEMENT DETERMINATIONS.— determination or otherwise appeal the deter- tion shall not be contingent on any decision (1) TERMINATION AND CERTAIN OTHER IMME- mination and instructions on how to initiate rendered by the contractor or by any review- DIATE REMEDIES.—The Secretary shall de- such a redetermination or appeal under this ing professional.’’. velop and implement a process to expedite section. (2) ELIGIBILITY REQUIREMENTS FOR REVIEW- proceedings under sections 1866(h) of the So- The written notice on a redetermination ERS.—Section 1869 (42 U.S.C. 1395ff), as cial Security Act (42 U.S.C. 1395cc(h)) in shall be provided in printed form and written amended by BIPA, is amended— which the remedy of termination of partici- in a manner calculated to be understood by (A) by amending subsection (c)(3)(D) to pation, or a remedy described in clause (i) or the individual entitled to benefits under part read as follows: (iii) of section 1819(h)(2)(B) of such Act (42 A or enrolled under part B, or both.’’. ‘‘(D) QUALIFICATIONS FOR REVIEWERS.—The U.S.C. 1395i–3(h)(2)(B)) which is applied on an (2) RECONSIDERATIONS.—Section requirements of subsection (g) shall be met immediate basis, has been imposed. Under 1869(c)(3)(E) (42 U.S.C. 1395ff(c)(3)(E)), as (relating to qualifications of reviewing pro- such process priority shall be provided in amended by BIPA, is amended— fessionals).’’; and cases of termination. (A) by inserting ‘‘be written in a manner (B) by adding at the end the following new (2) INCREASED FINANCIAL SUPPORT.—In addi- calculated to be understood by the individual subsection: tion to any amounts otherwise appropriated, entitled to benefits under part A or enrolled to reduce by 50 percent the average time for under part B, or both, and shall include (to ‘‘(g) QUALIFICATIONS OF REVIEWERS.— administrative determinations on appeals the extent appropriate)’’ after ‘‘in writing, ’’; ‘‘(1) IN GENERAL.—In reviewing determina- under section 1866(h) of the Social Security and tions under this section, a qualified inde- Act (42 U.S.C. 1395cc(h)), there are authorized (B) by inserting ‘‘and a notification of the pendent contractor shall assure that— to be appropriated (in appropriate part from right to appeal such determination and in- ‘‘(A) each individual conducting a review the Federal Hospital Insurance Trust Fund structions on how to initiate such appeal shall meet the qualifications of paragraph and the Federal Supplementary Medical In- under this section’’ after ‘‘such decision, ’’. (2); surance Trust Fund) to the Secretary such (3) APPEALS.—Section 1869(d) (42 U.S.C. ‘‘(B) compensation provided by the con- additional sums for fiscal year 2003 and each 1395ff(d)), as amended by BIPA, is amended— tractor to each such reviewer is consistent subsequent fiscal year as may be necessary. (A) in the heading, by inserting ‘‘; NOTICE’’ with paragraph (3); and The purposes for which such amounts are after ‘‘SECRETARY’’; and ‘‘(C) in the case of a review by a panel de- available include increasing the number of (B) by adding at the end the following new scribed in subsection (c)(3)(B) composed of administrative law judges (and their staffs) paragraph: physicians or other health care professionals and the appellate level staff at the Depart- ‘‘(4) NOTICE.—Notice of the decision of an (each in this subsection referred to as a ‘re- mental Appeals Board of the Department of administrative law judge shall be in writing viewing professional’), each reviewing profes- Health and Human Services and educating in a manner calculated to be understood by sional meets the qualifications described in such judges and staffs on long-term care the individual entitled to benefits under part paragraph (4) and, where a claim is regarding issues. A or enrolled under part B, or both, and shall the furnishing of treatment by a physician SEC. 403. REVISIONS TO MEDICARE APPEALS include— (allopathic or osteopathic) or the provision PROCESS. ‘‘(A) the specific reasons for the determina- of items or services by a physician (a) REQUIRING FULL AND EARLY PRESEN- tion (including, to the extent appropriate, a (allopathic or osteopathic), each reviewing TATION OF EVIDENCE.— summary of the clinical or scientific evi- professional shall be a physician (allopathic (1) IN GENERAL.—Section 1869(b) (42 U.S.C. dence used in making the determination); or osteopathic). 1395ff(b)), as amended by BIPA and as amend- ‘‘(B) the procedures for obtaining addi- ‘‘(2) INDEPENDENCE.— ed by section 402(a), is further amended by tional information concerning the decision; ‘‘(A) IN GENERAL.—Subject to subparagraph adding at the end the following new para- and (B), each individual conducting a review in a graph: ‘‘(C) notification of the right to appeal the case shall— ‘‘(3) REQUIRING FULL AND EARLY PRESEN- decision and instructions on how to initiate ‘‘(i) not be a related party (as defined in TATION OF EVIDENCE BY PROVIDERS.—A pro- such an appeal under this section.’’. paragraph (5)); December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8787 ‘‘(ii) not have a material familial, finan- ‘‘(F) Any other party determined under the date of the enactment of this Act) as the cial, or professional relationship with such a any regulations to have a substantial inter- Secretary shall specify. party in the case under review; and est in the case involved.’’. (c) APPLICATION TO FISCAL INTERMEDIARIES ‘‘(iii) not otherwise have a conflict of in- (3) EFFECTIVE DATE.—The amendments AND CARRIERS.—The provisions of section terest with such a party. made by paragraphs (1) and (2) shall be effec- 1874A(h) of the Social Security Act, as added ‘‘(B) EXCEPTION.—Nothing in subparagraph tive as if included in the enactment of the by subsection (a), shall apply to each fiscal (A) shall be construed to— respective provisions of subtitle C of title V intermediary under section 1816 of the Social ‘‘(i) prohibit an individual, solely on the of BIPA, (114 Stat. 2763A–534). Security Act (42 U.S.C. 1395h) and each car- basis of a participation agreement with a fis- (4) TRANSITION.—In applying section 1869(g) rier under section 1842 of such Act (42 U.S.C. cal intermediary, carrier, or other con- of the Social Security Act (as added by para- 1395u) in the same manner as they apply to tractor, from serving as a reviewing profes- graph (2)), any reference to a medicare ad- medicare administrative contractors under sional if— ministrative contractor shall be deemed to such provisions. ‘‘(I) the individual is not involved in the include a reference to a fiscal intermediary SEC. 405. RECOVERY OF OVERPAYMENTS. provision of items or services in the case under section 1816 of the Social Security Act (a) IN GENERAL.—Section 1893 (42 U.S.C. under review; (42 U.S.C. 1395h) and a carrier under section 1395ddd) is amended by adding at the end the ‘‘(II) the fact of such an agreement is dis- 1842 of such Act (42 U.S.C. 1395u). following new subsection: closed to the Secretary and the individual SEC. 404. PREPAYMENT REVIEW. ‘‘(f) RECOVERY OF OVERPAYMENTS.— entitled to benefits under part A or enrolled (a) IN GENERAL.—Section 1874A, as added ‘‘(1) USE OF REPAYMENT PLANS.— under part B, or both, (or authorized rep- by section 201(a)(1) and as amended by sec- ‘‘(A) IN GENERAL.—If the repayment, within resentative) and neither party objects; and tions 202(b), 301(b)(1), and 301(c)(1), is further 30 days by a provider of services or supplier, ‘‘(III) the individual is not an employee of amended by adding at the end the following of an overpayment under this title would the intermediary, carrier, or contractor and new subsection: constitute a hardship (as defined in subpara- does not provide services exclusively or pri- ‘‘(h) CONDUCT OF PREPAYMENT REVIEW.— graph (B)), subject to subparagraph (C), upon marily to or on behalf of such intermediary, ‘‘(1) CONDUCT OF RANDOM PREPAYMENT RE- request of the provider of services or supplier carrier, or contractor; VIEW.— the Secretary shall enter into a plan with ‘‘(ii) prohibit an individual who has staff ‘‘(A) IN GENERAL.—A medicare administra- the provider of services or supplier for the privileges at the institution where the treat- tive contractor may conduct random prepay- repayment (through offset or otherwise) of ment involved takes place from serving as a ment review only to develop a contractor- such overpayment over a period of at least 6 reviewer merely on the basis of having such wide or program-wide claims payment error months but not longer than 3 years (or not staff privileges if the existence of such privi- rates or under such additional circumstances longer than 5 years in the case of extreme leges is disclosed to the Secretary and such as may be provided under regulations, devel- hardship, as determined by the Secretary). individual (or authorized representative), oped in consultation with providers of serv- Interest shall accrue on the balance through and neither party objects; or ices and suppliers. the period of repayment. Such plan shall ‘‘(iii) prohibit receipt of compensation by a ‘‘(B) USE OF STANDARD PROTOCOLS WHEN meet terms and conditions determined to be reviewing professional from a contractor if CONDUCTING PREPAYMENT REVIEWS.—When a appropriate by the Secretary. the compensation is provided consistent with medicare administrative contractor con- ‘‘(B) HARDSHIP.— paragraph (3). ducts a random prepayment review, the con- ‘‘(i) IN GENERAL.—For purposes of subpara- For purposes of this paragraph, the term tractor may conduct such review only in ac- graph (A), the repayment of an overpayment ‘participation agreement’ means an agree- cordance with a standard protocol for ran- (or overpayments) within 30 days is deemed ment relating to the provision of health care dom prepayment audits developed by the to constitute a hardship if— services by the individual and does not in- Secretary. ‘‘(I) in the case of a provider of services clude the provision of services as a reviewer ‘‘(C) CONSTRUCTION.—Nothing in this para- that files cost reports, the aggregate amount under this subsection. graph shall be construed as preventing the of the overpayments exceeds 10 percent of ‘‘(3) LIMITATIONS ON REVIEWER COMPENSA- denial of payments for claims actually re- the amount paid under this title to the pro- TION.—Compensation provided by a qualified viewed under a random prepayment review. vider of services for the cost reporting period independent contractor to a reviewer in con- ‘‘(D) RANDOM PREPAYMENT REVIEW.—For covered by the most recently submitted cost nection with a review under this section purposes of this subsection, the term ‘ran- report; or shall not be contingent on the decision ren- dom prepayment review’ means a demand for ‘‘(II) in the case of another provider of dered by the reviewer. the production of records or documentation services or supplier, the aggregate amount of ‘‘(4) LICENSURE AND EXPERTISE.—Each re- absent cause with respect to a claim. the overpayments exceeds 10 percent of the viewing professional shall be— ‘‘(2) LIMITATIONS ON NON-RANDOM PREPAY- amount paid under this title to the provider ‘‘(A) a physician (allopathic or osteo- MENT REVIEW.— of services or supplier for the previous cal- pathic) who is appropriately credentialed or ‘‘(A) LIMITATIONS ON INITIATION OF NON-RAN- endar year. licensed in one or more States to deliver DOM PREPAYMENT REVIEW.—A medicare ad- ‘‘(ii) RULE OF APPLICATION.—The Secretary health care services and has medical exper- ministrative contractor may not initiate shall establish rules for the application of tise in the field of practice that is appro- non-random prepayment review of a provider this subparagraph in the case of a provider of priate for the items or services at issue; or of services or supplier based on the initial services or supplier that was not paid under ‘‘(B) a health care professional who is le- identification by that provider of services or this title during the previous year or was gally authorized in one or more States (in supplier of an improper billing practice un- paid under this title only during a portion of accordance with State law or the State regu- less there is a likelihood of sustained or high that year. latory mechanism provided by State law) to level of payment error (as defined in sub- ‘‘(iii) TREATMENT OF PREVIOUS OVERPAY- furnish the health care items or services at section (i)(3)(A)). MENTS.—If a provider of services or supplier issue and has medical expertise in the field ‘‘(B) TERMINATION OF NON-RANDOM PREPAY- has entered into a repayment plan under of practice that is appropriate for such items MENT REVIEW.—The Secretary shall issue reg- subparagraph (A) with respect to a specific or services. ulations relating to the termination, includ- overpayment amount, such payment amount ‘‘(5) RELATED PARTY DEFINED.—For pur- ing termination dates, of non-random pre- under the repayment plan shall not be taken poses of this section, the term ‘related party’ payment review. Such regulations may vary into account under clause (i) with respect to means, with respect to a case under this title such a termination date based upon the dif- subsequent overpayment amounts. involving a specific individual entitled to ferences in the circumstances triggering pre- ‘‘(C) EXCEPTIONS.—Subparagraph (A) shall benefits under part A or enrolled under part payment review.’’. not apply if— B, or both, any of the following: (b) EFFECTIVE DATE.— ‘‘(i) the Secretary has reason to suspect ‘‘(A) The Secretary, the medicare adminis- (1) IN GENERAL.—Except as provided in this that the provider of services or supplier may trative contractor involved, or any fiduciary, subsection, the amendment made by sub- file for bankruptcy or otherwise cease to do officer, director, or employee of the Depart- section (a) shall take effect 1 year after the business or discontinue participation in the ment of Health and Human Services, or of date of the enactment of this Act. program under this title; or such contractor. (2) DEADLINE FOR PROMULGATION OF CERTAIN ‘‘(ii) there is an indication of fraud or ‘‘(B) The individual (or authorized rep- REGULATIONS.—The Secretary shall first abuse committed against the program. resentative). issue regulations under section 1874A(h) of ‘‘(D) IMMEDIATE COLLECTION IF VIOLATION OF ‘‘(C) The health care professional that pro- the Social Security Act, as added by sub- REPAYMENT PLAN.—If a provider of services vides the items or services involved in the section (a), by not later than 1 year after the or supplier fails to make a payment in ac- case. date of the enactment of this Act. cordance with a repayment plan under this ‘‘(D) The institution at which the items or (3) APPLICATION OF STANDARD PROTOCOLS paragraph, the Secretary may immediately services (or treatment) involved in the case FOR RANDOM PREPAYMENT REVIEW.—Section seek to offset or otherwise recover the total are provided. 1874A(h)(1)(B) of the Social Security Act, as balance outstanding (including applicable in- ‘‘(E) The manufacturer of any drug or added by subsection (a), shall apply to ran- terest) under the repayment plan. other item that is included in the items or dom prepayment reviews conducted on or ‘‘(E) RELATION TO NO FAULT PROVISION.— services involved in the case. after such date (not later than 1 year after Nothing in this paragraph shall be construed H8788 CONGRESSIONAL RECORD — HOUSE December 4, 2001

as affecting the application of section 1870(c) Secretary shall determine if there still ap- (2) LIMITATION ON RECOUPMENT.—Section (relating to no adjustment in the cases of pears to be an overpayment. If so, the 1893(f)(2) of the Social Security Act, as added certain overpayments). Secretary— by subsection (a), shall apply to actions ‘‘(2) LIMITATION ON RECOUPMENT.— ‘‘(i) shall provide notice of such determina- taken after the date of the enactment of this ‘‘(A) IN GENERAL.—In the case of a provider tion to the provider of services or supplier, Act. of services or supplier that is determined to including an explanation of the reason for (3) USE OF EXTRAPOLATION.—Section have received an overpayment under this such determination; and 1893(f)(3) of the Social Security Act, as added title and that seeks a reconsideration by a ‘‘(ii) in order to resolve the overpayment, by subsection (a), shall apply to statistically qualified independent contractor on such de- may offer the provider of services or valid random samples initiated after the termination under section 1869(b)(1), the Sec- supplier— date that is 1 year after the date of the en- retary may not take any action (or authorize ‘‘(I) the opportunity for a statistically actment of this Act. any other person, including any medicare valid random sample; or (4) PROVISION OF SUPPORTING DOCUMENTA- contractor, as defined in subparagraph (C) to ‘‘(II) a consent settlement. TION.—Section 1893(f)(4) of the Social Secu- recoup the overpayment until the date the The opportunity provided under clause (ii)(I) rity Act, as added by subsection (a), shall decision on the reconsideration has been ren- does not waive any appeal rights with re- take effect on the date of the enactment of dered. If the provisions of section 1869(b)(1) spect to the alleged overpayment involved. this Act. (providing for such a reconsideration by a ‘‘(D) CONSENT SETTLEMENT DEFINED.—For (5) CONSENT SETTLEMENT.—Section qualified independent contractor) are not in purposes of this paragraph, the term ‘con- 1893(f)(5) of the Social Security Act, as added effect, in applying the previous sentence any sent settlement’ means an agreement be- by subsection (a), shall apply to consent set- reference to such a reconsideration shall be tween the Secretary and a provider of serv- tlements entered into after the date of the treated as a reference to a redetermination ices or supplier whereby both parties agree enactment of this Act. by the fiscal intermediary or carrier in- to settle a projected overpayment based on (6) NOTICE OF OVERUTILIZATION.—Not later volved. less than a statistically valid sample of than 1 year after the date of the enactment ‘‘(B) COLLECTION WITH INTEREST.—Insofar claims and the provider of services or sup- of this Act, the Secretary shall first estab- as the determination on such appeal is plier agrees not to appeal the claims in- lish the process for notice of overutilization against the provider of services or supplier, volved. of billing codes under section 1893A(f)(6) of interest on the overpayment shall accrue on ‘‘(6) NOTICE OF OVER-UTILIZATION OF the Social Security Act, as added by sub- and after the date of the original notice of CODES.—The Secretary shall establish, in section (a). overpayment. Insofar as such determination consultation with organizations representing (7) PAYMENT AUDITS.—Section 1893A(f)(7) of against the provider of services or supplier is the classes of providers of services and sup- the Social Security Act, as added by sub- later reversed, the Secretary shall provide pliers, a process under which the Secretary section (a), shall apply to audits initiated for repayment of the amount recouped plus provides for notice to classes of providers of after the date of the enactment of this Act. interest at the same rate as would apply services and suppliers served by the con- (8) STANDARD FOR ABNORMAL BILLING PAT- under the previous sentence for the period in tractor in cases in which the contractor has TERNS.—Not later than 1 year after the date which the amount was recouped. identified that particular billing codes may of the enactment of this Act, the Secretary EDICARE CONTRACTOR DEFINED.—For ‘‘(C) M be overutilized by that class of providers of shall first establish a standard methodology purposes of this subsection, the term ‘medi- services or suppliers under the programs for selection of sample claims for abnormal care contractor’ has the meaning given such under this title (or provisions of title XI in- billing patterns under section 1893(f)(8) of the term in section 1889(g). sofar as they relate to such programs). Social Security Act, as added by subsection ‘‘(3) LIMITATION ON USE OF EXTRAPO- ‘‘(7) PAYMENT AUDITS.— (a). LATION.—A medicare contractor may not use ‘‘(A) WRITTEN NOTICE FOR POST-PAYMENT extrapolation to determine overpayment AUDITS.—Subject to subparagraph (C), if a SEC. 406. PROVIDER ENROLLMENT PROCESS; amounts to be recovered by recoupment, off- medicare contractor decides to conduct a RIGHT OF APPEAL. set, or otherwise unless— post-payment audit of a provider of services (a) IN GENERAL.—Section 1866 (42 U.S.C. ‘‘(A) there is a sustained or high level of or supplier under this title, the contractor 1395cc) is amended— payment error (as defined by the Secretary shall provide the provider of services or sup- (1) by adding at the end of the heading the by regulation); or plier with written notice (which may be in following: ‘‘; ENROLLMENT PROCESSES’’; and ‘‘(B) documented educational intervention electronic form) of the intent to conduct (2) by adding at the end the following new has failed to correct the payment error (as such an audit. subsection: determined by the Secretary). ‘‘(B) EXPLANATION OF FINDINGS FOR ALL AU- ‘‘(j) ENROLLMENT PROCESS FOR PROVIDERS ‘‘(4) PROVISION OF SUPPORTING DOCUMENTA- DITS.—Subject to subparagraph (C), if a OF SERVICES AND SUPPLIERS.— TION.—In the case of a provider of services or medicare contractor audits a provider of ‘‘(1) ENROLLMENT PROCESS.— supplier with respect to which amounts were services or supplier under this title, the con- ‘‘(A) IN GENERAL.—The Secretary shall es- previously overpaid, a medicare contractor tractor shall— tablish by regulation a process for the en- may request the periodic production of ‘‘(i) give the provider of services or sup- rollment of providers of services and sup- records or supporting documentation for a plier a full review and explanation of the pliers under this title. limited sample of submitted claims to ensure findings of the audit in a manner that is un- ‘‘(B) DEADLINES.—The Secretary shall es- that the previous practice is not continuing. derstandable to the provider of services or tablish by regulation procedures under which ‘‘(5) CONSENT SETTLEMENT REFORMS.— supplier and permits the development of an there are deadlines for actions on applica- ‘‘(A) IN GENERAL.—The Secretary may use appropriate corrective action plan; tions for enrollment (and, if applicable, re- a consent settlement (as defined in subpara- ‘‘(ii) inform the provider of services or sup- newal of enrollment). The Secretary shall graph (D)) to settle a projected overpayment. plier of the appeal rights under this title as monitor the performance of medicare admin- ‘‘(B) OPPORTUNITY TO SUBMIT ADDITIONAL well as consent settlement options (which istrative contractors in meeting the dead- INFORMATION BEFORE CONSENT SETTLEMENT are at the discretion of the Secretary); lines established under this subparagraph. OFFER.—Before offering a provider of services ‘‘(iii) give the provider of services or sup- ‘‘(C) CONSULTATION BEFORE CHANGING PRO- or supplier a consent settlement, the Sec- plier an opportunity to provide additional in- VIDER ENROLLMENT FORMS.—The Secretary retary shall— formation to the contractor; and shall consult with providers of services and ‘‘(i) communicate to the provider of serv- ‘‘(iv) take into account information pro- suppliers before making changes in the pro- ices or supplier— vided, on a timely basis, by the provider of vider enrollment forms required of such pro- ‘‘(I) that, based on a review of the medical services or supplier under clause (iii). viders and suppliers to be eligible to submit records requested by the Secretary, a pre- ‘‘(C) EXCEPTION.—Subparagraphs (A) and claims for which payment may be made liminary evaluation of those records indi- (B) shall not apply if the provision of notice under this title. cates that there would be an overpayment; or findings would compromise pending law ‘‘(2) HEARING RIGHTS IN CASES OF DENIAL OR ‘‘(II) the nature of the problems identified enforcement activities, whether civil or NON-RENEWAL.—A provider of services or sup- in such evaluation; and criminal, or reveal findings of law enforce- plier whose application to enroll (or, if appli- ‘‘(III) the steps that the provider of serv- ment-related audits. cable, to renew enrollment) under this title ices or supplier should take to address the ‘‘(8) STANDARD METHODOLOGY FOR PROBE is denied may have a hearing and judicial re- problems; and SAMPLING.—The Secretary shall establish a view of such denial under the procedures ‘‘(ii) provide for a 45-day period during standard methodology for medicare contrac- that apply under subsection (h)(1)(A) to a which the provider of services or supplier tors to use in selecting a sample of claims provider of services that is dissatisfied with may furnish additional information con- for review in the case of an abnormal billing a determination by the Secretary.’’. cerning the medical records for the claims pattern.’’. (b) EFFECTIVE DATES.— that had been reviewed. (b) EFFECTIVE DATES AND DEADLINES.— (1) ENROLLMENT PROCESS.—The Secretary ‘‘(C) CONSENT SETTLEMENT OFFER.—The (1) USE OF REPAYMENT PLANS.—Section shall provide for the establishment of the en- Secretary shall review any additional infor- 1893(f)(1) of the Social Security Act, as added rollment process under section 1866(j)(1) of mation furnished by the provider of services by subsection (a), shall apply to requests for the Social Security Act, as added by sub- or supplier under subparagraph (B)(ii). Tak- repayment plans made after the date of the section (a)(2), within 6 months after the date ing into consideration such information, the enactment of this Act. of the enactment of this Act. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8789

(2) CONSULTATION.—Section 1866(j)(1)(C) of tion, before the furnishing of an eligible item tive appeal or judicial review under this sec- the Social Security Act, as added by sub- or service involved as to whether the item or tion or otherwise. section (a)(2), shall apply with respect to service is covered under this title consistent ‘‘(B) DECISION NOT TO SEEK PRIOR DETER- changes in provider enrollment forms made with the applicable requirements of section MINATION OR NEGATIVE DETERMINATION DOES on or after January 1, 2002. 1862(a)(1)(A) (relating to medical necessity). NOT IMPACT RIGHT TO OBTAIN SERVICES, SEEK (3) HEARING RIGHTS.—Section 1866(j)(2) of ‘‘(B) ACCOMPANYING DOCUMENTATION.—The REIMBURSEMENT, OR APPEAL RIGHTS.—Nothing the Social Security Act, as added by sub- Secretary may require that the request be in this subsection shall be construed as af- section (a)(2), shall apply to denials occur- accompanied by a description of the item or fecting the right of an individual who— ring on or after such date (not later than 1 service, supporting documentation relating ‘‘(i) decides not to seek a prior determina- year after the date of the enactment of this to the medical necessity for the item or serv- tion under this subsection with respect to Act) as the Secretary specifies. ice, and any other appropriate documenta- items or services; or SEC. 407. PROCESS FOR CORRECTION OF MINOR tion. In the case of a request submitted by ‘‘(ii) seeks such a determination and has ERRORS AND OMISSIONS ON CLAIMS an eligible requester who is described in received a determination described in para- WITHOUT PURSUING APPEALS paragraph (1)(B)(ii), the Secretary may re- graph (4)(A)(ii)), from receiving (and submit- PROCESS. quire that the request also be accompanied ting a claim for) such items services and The Secretary shall develop, in consulta- by a copy of the advance beneficiary notice from obtaining administrative or judicial re- tion with appropriate medicare contractors involved. view respecting such claim under the other (as defined in section 1889(g) of the Social Se- curity Act, as inserted by section 301(a)(1)) ‘‘(4) RESPONSE TO REQUEST.— applicable provisions of this section. Failure and representatives of providers of services ‘‘(A) IN GENERAL.—Under such process, the to seek a prior determination under this sub- and suppliers, a process whereby, in the case contractor shall provide the eligible re- section with respect to items and services of minor errors or omissions (as defined by quester with written notice of a determina- shall not be taken into account in such ad- the Secretary) that are detected in the sub- tion as to whether— ministrative or judicial review. mission of claims under the programs under ‘‘(i) the item or service is so covered; ‘‘(C) NO PRIOR DETERMINATION AFTER RE- title XVIII of such Act, a provider of services ‘‘(ii) the item or service is not so covered; CEIPT OF SERVICES.—Once an individual is or supplier is given an opportunity to correct or provided items and services, there shall be such an error or omission without the need ‘‘(iii) the contractor lacks sufficient infor- no prior determination under this subsection to initiate an appeal. Such process shall in- mation to make a coverage determination. with respect to such items or services.’’. If the contractor makes the determination clude the ability to resubmit corrected (b) EFFECTIVE DATE; TRANSITION.— described in clause (iii), the contractor shall claims. (1) EFFECTIVE DATE.—The Secretary shall SEC. 408. PRIOR DETERMINATION PROCESS FOR include in the notice a description of the ad- establish the prior determination process CERTAIN ITEMS AND SERVICES; AD- ditional information required to make the under the amendment made by subsection (a) VANCE BENEFICIARY NOTICES. coverage determination. in such a manner as to provide for the ac- (a) IN GENERAL.—Section 1869 (42 U.S.C. ‘‘(B) DEADLINE TO RESPOND.—Such notice ceptance of requests for determinations 1395ff(b)), as amended by sections 521 and 522 shall be provided within the same time pe- under such process filed not later than 18 of BIPA and section 403(d)(2)(B), is further riod as the time period applicable to the con- months after the date of the enactment of amended by adding at the end the following tractor providing notice of initial determina- this Act. tions on a claim for benefits under sub- new subsection: (2) TRANSITION.—During the period in ‘‘(h) PRIOR DETERMINATION PROCESS FOR section (a)(2)(A). which the amendment made by subsection CERTAIN ITEMS AND SERVICES.— ‘‘(C) INFORMING BENEFICIARY IN CASE OF (a) has become effective but contracts are ‘‘(1) ESTABLISHMENT OF PROCESS.— PHYSICIAN REQUEST.—In the case of a request not provided under section 1874A of the So- ‘‘(A) IN GENERAL.—With respect to a medi- in which an eligible requester is not the indi- cial Security Act with medicare administra- care administrative contractor that has a vidual described in paragraph (1)(B)(ii), the tive contractors, any reference in section contract under section 1874A that provides process shall provide that the individual to 1869(g) of such Act (as added by such amend- for making payments under this title with whom the item or service is proposed to be ment) to such a contractor is deemed a ref- respect to eligible items and services de- furnished shall be informed of any deter- erence to a fiscal intermediary or carrier scribed in subparagraph (C), the Secretary mination described in clause (ii) (relating to with an agreement under section 1816, or shall establish a prior determination process a determination of non-coverage) and the contract under section 1842, respectively, of that meets the requirements of this sub- right (referred to in paragraph (6)(B)) to ob- such Act. section and that shall be applied by such tain the item or service and have a claim (3) LIMITATION ON APPLICATION TO SGR.—For contractor in the case of eligible requesters. submitted for the item or service. purposes of applying section 1848(f)(2)(D) of ‘‘(B) ELIGIBLE REQUESTER.—For purposes of ‘‘(5) EFFECT OF DETERMINATIONS.— the Social Security Act (42 U.S.C. 1395w– this subsection, each of the following shall ‘‘(A) BINDING NATURE OF POSITIVE DETER- 4(f)(2)(D)), the amendment made by sub- be an eligible requester: MINATION.—If the contractor makes the de- section (a) shall not be considered to be a ‘‘(i) A physician, but only with respect to termination described in paragraph (4)(A)(i), change in law or regulation. eligible items and services for which the such determination shall be binding on the physician may be paid directly. contractor in the absence of fraud or evi- (c) PROVISIONS RELATING TO ADVANCE BEN- ‘‘(ii) An individual entitled to benefits dence of misrepresentation of facts presented EFICIARY NOTICES; REPORT ON PRIOR DETER- under this title, but only with respect to an to the contractor. MINATION PROCESS.— item or service for which the individual re- ‘‘(B) NOTICE AND RIGHT TO REDETERMINA- (1) DATA COLLECTION.—The Secretary shall ceives, from the physician who may be paid TION IN CASE OF A DENIAL.— establish a process for the collection of in- directly for the item or service, an advance ‘‘(i) IN GENERAL.—If the contractor makes formation on the instances in which an ad- beneficiary notice under section 1879(a) that the determination described in paragraph vance beneficiary notice (as defined in para- payment may not be made (or may no longer (4)(A)(ii)— graph (4)) has been provided and on instances be made) for the item or service under this ‘‘(I) the eligible requester has the right to in which a beneficiary indicates on such a title. a redetermination by the contractor on the notice that the beneficiary does not intend ‘‘(C) ELIGIBLE ITEMS AND SERVICES.—For determination that the item or service is not to seek to have the item or service that is purposes of this subsection and subject to so covered; and the subject of the notice furnished. paragraph (2), eligible items and services are ‘‘(II) the contractor shall include in notice (2) OUTREACH AND EDUCATION.—The Sec- items and services which are physicians’ under paragraph (4)(A) a brief explanation of retary shall establish a program of outreach services (as defined in paragraph (4)(A) of the basis for the determination, including on and education for beneficiaries and providers section 1848(f) for purposes of calculating the what national or local coverage or noncov- of services and other persons on the appro- sustainable growth rate under such section). erage determination (if any) the determina- priate use of advance beneficiary notices and ‘‘(2) SECRETARIAL FLEXIBILITY.—The Sec- tion is based, and the right to such a redeter- coverage policies under the medicare pro- retary shall establish by regulation reason- mination. gram. able limits on the categories of eligible ‘‘(ii) DEADLINE FOR REDETERMINATIONS.— (3) GAO REPORT REPORT ON USE OF ADVANCE items and services for which a prior deter- The contractor shall complete and provide BENEFICIARY NOTICES.—Not later than 18 mination of coverage may be requested notice of such redetermination within the months after the date on which section under this subsection. In establishing such same time period as the time period applica- 1869(g) of the Social Security Act (as added limits, the Secretary may consider the dollar ble to the contractor providing notice of re- by subsection (a)) takes effect, the Comp- amount involved with respect to the item or determinations relating to a claim for bene- troller General of the United States shall service, administrative costs and burdens, fits under subsection (a)(3)(C)(ii). submit to Congress a report on the use of ad- and other relevant factors. ‘‘(6) LIMITATION ON FURTHER REVIEW.— vance beneficiary notices under title XVIII ‘‘(3) REQUEST FOR PRIOR DETERMINATION.— ‘‘(A) IN GENERAL.—Contractor determina- of such Act. Such report shall include infor- ‘‘(A) IN GENERAL.—Subject to paragraph tions described in paragraph (4)(A)(ii) or mation concerning the providers of services (2), under the process established under this (4)(A)(iii) (and redeterminations made under and other persons that have provided such subsection an eligible requester may submit paragraph (5)(B)), relating to pre-service notices and the response of beneficiaries to to the contractor a request for a determina- claims are not subject to further administra- such notices. H8790 CONGRESSIONAL RECORD — HOUSE December 4, 2001

(4) GAO REPORT ON USE OF PRIOR DETER- practicing physicians (including both gener- (4) APPLICATION OF HIPAA UNIFORM CODING MINATION PROCESS.—Not later than 18 months alists and specialists). REQUIREMENTS.—In developing an alternative after the date on which section 1869(g) of the (3) RANGE OF PILOT PROJECTS.—Of the pilot system under paragraph (2), the Secretary Social Security Act (as added by subsection projects conducted under this subsection— shall consider requirements of administra- (a)) takes effect, the Comptroller General of (A) at least one shall focus on a peer re- tive simplification under part C of title XI of the United States shall submit to Congress a view method by physicians (not employed by the Social Security Act. report on the use of the prior determination a medicare contractor) which evaluates med- (5) REPORT TO CONGRESS.—(A) Not later process under such section. Such report shall ical record information for claims submitted than October 1, 2003, the Secretary shall sub- include— by physicians identified as statistical mit to Congress a report on the results of the (A) information concerning the types of outliers relative to definitions published in study conducted under paragraph (1). procedures for which a prior determination the Current Procedures Terminology (CPT) (B) The Medicare Payment Advisory Com- has been sought, determinations made under code book of the American Medical Associa- mission shall conduct an analysis of the re- the process, and changes in receipt of serv- tion; sults of the study included in the report ices resulting from the application of such (B) at least one shall focus on an alter- under subparagraph (A) and shall submit a process; and native method to detailed guidelines based report on such analysis to Congress. on physician documentation of face to face (B) an evaluation of whether the process (e) STUDY ON APPROPRIATE CODING OF CER- encounter time with a patient; was useful for physicians (and other sup- TAIN EXTENDED OFFICE VISITS.—The Sec- pliers) and beneficiaries, whether it was (C) at least one shall be conducted for serv- retary shall conduct a study of the appro- timely, and whether the amount of informa- ices furnished in a rural area and at least priateness of coding in cases of extended of- tion required was burdensome to physicians one for services furnished outside such an fice visits in which there is no diagnosis and beneficiaries. area; and made. Not later than October 1, 2003, the (D) at least one shall be conducted in a set- (5) ADVANCE BENEFICIARY NOTICE DEFINED.— Secretary shall submit a report to Congress ting where physicians bill under physicians’ In this subsection, the term ‘‘advance bene- on such study and shall include rec- services in teaching settings and at least one ficiary notice’’ means a written notice pro- ommendations on how to code appropriately shall be conducted in a setting other than a vided under section 1879(a) of the Social Se- for such visits in a manner that takes into teaching setting. curity Act (42 U.S.C. 1395pp(a)) to an indi- account the amount of time the physician (4) BANNING OF TARGETING OF PILOT PROJECT vidual entitled to benefits under part A or B spent with the patient. of title XVIII of such Act before items or PARTICIPANTS.—Data collected under this subsection shall not be used as the basis for (f) DEFINITIONS.—In this section— services are furnished under such part in (1) the term ‘‘rural area’’ has the meaning cases where a provider of services or other overpayment demands or post-payment au- dits. Such limitation applies only to claims given that term in section 1886(d)(2)(D) of the person that would furnish the item or service Social Security Act, 42 U.S.C. believes that payment will not be made for filed as part of the pilot project and lasts only for the duration of the pilot project and 1395ww(d)(2)(D); and some or all of such items or services under (2) the term ‘‘teaching settings’’ are those such title. only as long as the provider is a participant in the pilot project. settings described in section 415.150 of title TITLE V—MISCELLANEOUS PROVISIONS (5) STUDY OF IMPACT.—Each pilot project 42, Code of Federal Regulations. SEC. 501. POLICY DEVELOPMENT REGARDING shall examine the effect of the new evalua- SEC. 502. IMPROVEMENT IN OVERSIGHT OF EVALUATION AND MANAGEMENT (E tion and management documentation guide- TECHNOLOGY AND COVERAGE. & M) DOCUMENTATION GUIDELINES. lines on— (a) IMPROVED COORDINATION BETWEEN FDA (a) IN GENERAL.—The Secretary may not (A) different types of physician practices, AND CMS ON COVERAGE OF BREAKTHROUGH implement any new documentation guide- including those with fewer than 10 full-time- lines for evaluation and management physi- MEDICAL DEVICES.— equivalent employees (including physicians); (1) IN GENERAL.—Upon request by an appli- cian services under the title XVIII of the So- and cial Security Act on or after the date of the cant and to the extent feasible (as deter- (B) the costs of physician compliance, in- mined by the Secretary), the Secretary shall, enactment of this Act unless the Secretary— cluding education, implementation, audit- (1) has developed the guidelines in collabo- in the case of a class III medical device that ing, and monitoring. is subject to premarket approval under sec- ration with practicing physicians (including (6) PERIODIC REPORTS.—The Secretary shall both generalists and specialists) and pro- tion 515 of the Federal Food, Drug, and Cos- submit to Congress periodic reports on the metic Act, ensure the sharing of appropriate vided for an assessment of the proposed pilot projects under this subsection. guidelines by the physician community; information from the review for application (c) OBJECTIVES FOR EVALUATION AND MAN- for premarket approval conducted by the (2) has established a plan that contains AGEMENT GUIDELINES.—The objectives for specific goals, including a schedule, for im- Food and Drug Administration for coverage modified evaluation and management docu- decisions under title XVIII of the Social Se- proving the use of such guidelines; mentation guidelines developed by the Sec- curity Act. (3) has conducted appropriate and rep- retary shall be to— (2) PUBLICATION OF PLAN.—Not later than 6 resentative pilot projects under subsection (1) identify clinically relevant documenta- months after the date of the enactment of (b) to test modifications to the evaluation tion needed to code accurately and assess this Act, the Secretary shall submit to ap- and management documentation guidelines; coding levels accurately; propriate Committees of Congress a report (4) finds that the objectives described in (2) decrease the level of non-clinically per- that contains the plan for improving such subsection (c) will be met in the implemen- tinent and burdensome documentation time coordination and for shortening the time lag tation of such guidelines; and and content in the physician’s medical between the premarket approval by the Food (5) has established, and is implementing, a record; and Drug Administration and coding and program to educate physicians on the use of (3) increase accuracy by reviewers; and coverage decisions by the Centers for Medi- such guidelines and that includes appro- (4) educate both physicians and reviewers. care & Medicaid Services. priate outreach. (d) STUDY OF SIMPLER, ALTERNATIVE SYS- (3) CONSTRUCTION.—Nothing in this sub- The Secretary shall make changes to the TEMS OF DOCUMENTATION FOR PHYSICIAN section shall be construed as changing the manner in which existing evaluation and CLAIMS.— criteria for coverage of a medical device management documentation guidelines are (1) STUDY.—The Secretary shall carry out a implemented to reduce paperwork burdens study of the matters described in paragraph under title XVIII of the Social Security Act on physicians. (2). nor premarket approval by the Food and Drug Administration and nothing in this (b) PILOT PROJECTS TO TEST EVALUATION (2) MATTERS DESCRIBED.—The matters re- subsection shall be construed to increase AND MANAGEMENT DOCUMENTATION GUIDE- ferred to in paragraph (1) are— premarket approval application require- LINES.— (A) the development of a simpler, alter- ments under the Federal Food, Drug, and (1) IN GENERAL.—The Secretary shall con- native system of requirements for docu- duct under this subsection appropriate and mentation accompanying claims for evalua- Cosmetic Act. representative pilot projects to test new tion and management physician services for (b) COUNCIL FOR TECHNOLOGY AND INNOVA- evaluation and management documentation which payment is made under title XVIII of TION.—Section 1868 (42 U.S.C. 1395ee), as guidelines referred to in subsection (a). the Social Security Act; and amended by section 301(a), is amended by (2) LENGTH AND CONSULTATION.—Each pilot (B) consideration of systems other than adding at the end the following new sub- project under this subsection shall— current coding and documentation require- section: (A) be voluntary; ments for payment for such physician serv- ‘‘(c) COUNCIL FOR TECHNOLOGY AND INNOVA- (B) be of sufficient length as determined by ices. TION.— the Secretary to allow for preparatory physi- (3) CONSULTATION WITH PRACTICING PHYSI- ‘‘(1) ESTABLISHMENT.—The Secretary shall cian and medicare contractor education, CIANS.—In designing and carrying out the establish a Council for Technology and Inno- analysis, and use and assessment of potential study under paragraph (1), the Secretary vation within the Centers for Medicare & evaluation and management guidelines; and shall consult with practicing physicians, in- Medicaid Services (in this section referred to (C) be conducted, in development and cluding physicians who are part of group as ‘CMS’). throughout the planning and operational practices and including both generalists and ‘‘(2) COMPOSITION.—The Council shall be stages of the project, in consultation with specialists. composed of senior CMS staff and clinicians December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8791 and shall be chaired by the Executive Coordi- (42 U.S.C. 1395l(h)) is amended by adding at mation) relating to the application of sec- nator for Technology and Innovation (ap- the end the following: tion 1862(b) of the Social Security Act (relat- pointed or designated under paragraph (4)). ‘‘(8)(A) The Secretary shall establish by ing to medicare secondary payor provisions) ‘‘(3) DUTIES.—The Council shall coordinate regulation procedures for determining the in the case of reference laboratory services the activities of coverage, coding, and pay- basis for, and amount of, payment under this described in subsection (b), if the Secretary ment processes under this title with respect subsection for any clinical diagnostic labora- does not impose such requirement in the to new technologies and procedures, includ- tory test with respect to which a new or sub- case of such services furnished by an inde- ing new drug therapies, and shall coordinate stantially revised HCPCS code is assigned on pendent laboratory. the exchange of information on new tech- or after January 1, 2003 (in this paragraph re- (b) REFERENCE LABORATORY SERVICES DE- nologies between CMS and other entities ferred to as ‘new tests’). SCRIBED.—Reference laboratory services de- that make similar decisions. ‘‘(B) Determinations under subparagraph scribed in this subsection are clinical labora- ‘‘(4) EXECUTIVE COORDINATOR FOR TECH- (A) shall be made only after the Secretary— tory diagnostic tests (or the interpretation NOLOGY AND INNOVATION.—The Secretary ‘‘(i) makes available to the public (through of such tests, or both) furnished without a shall appoint (or designate) a noncareer ap- an Internet site and other appropriate mech- face-to-face encounter between the indi- pointee (as defined in section 3132(a)(7) of anisms) a list that includes any such test for vidual entitled to benefits under part A or title 5, United States Code) who shall serve which establishment of a payment amount enrolled under part B, or both, and the hos- as the Executive Coordinator for Technology under this subsection is being considered for pital involved and in which the hospital sub- and Innovation. Such executive coordinator a year; mits a claim only for such test or interpreta- shall report to the Administrator of CMS, ‘‘(ii) on the same day such list is made tion. shall chair the Council, shall oversee the available, causes to have published in the SEC. 504. EMTALA IMPROVEMENTS. execution of its duties, and shall serve as a Federal Register notice of a meeting to re- (a) PAYMENT FOR EMTALA-MANDATED single point of contact for outside groups ceive comments and recommendations (and SCREENING AND STABILIZATION SERVICES.— and entities regarding the coverage, coding, data on which recommendations are based) (1) IN GENERAL.—Section 1862 (42 U.S.C. and payment processes under this title.’’. from the public on the appropriate basis 1395y) is amended by inserting after sub- (c) GAO STUDY ON IMPROVEMENTS IN EXTER- under this subsection for establishing pay- section (c) the following new subsection: NAL DATA COLLECTION FOR USE IN THE MEDI- ment amounts for the tests on such list; ‘‘(d) For purposes of subsection (a)(1)(A), in CARE INPATIENT PAYMENT SYSTEM.— ‘‘(iii) not less than 30 days after publica- the case of any item or service that is re- (1) STUDY.—The Comptroller General of the tion of such notice convenes a meeting, that quired to be provided pursuant to section United States shall conduct a study that includes representatives of officials of the 1867 to an individual who is entitled to bene- analyzes which external data can be col- Centers for Medicare & Medicaid Services in- fits under this title, determinations as to lected in a shorter time frame by the Centers volved in determining payment amounts, to whether the item or service is reasonable for Medicare & Medicaid Services for use in receive such comments and recommenda- and necessary shall be made on the basis of computing payments for inpatient hospital tions (and data on which the recommenda- the information available to the treating services. The study may include an evalua- tions are based); physician or practitioner (including the pa- tion of the feasibility and appropriateness of ‘‘(iv) taking into account the comments tient’s presenting symptoms or complaint) using of quarterly samples or special surveys and recommendations (and accompanying at the time the item or service was ordered or any other methods. The study shall in- data) received at such meeting, develops and or furnished by the physician or practitioner clude an analysis of whether other executive makes available to the public (through an (and not on the patient’s principal diag- agencies, such as the Bureau of Labor Statis- Internet site and other appropriate mecha- nosis). When making such determinations tics in the Department of Commerce, are nisms) a list of proposed determinations with with respect to such an item or service, the best suited to collect this information. respect to the appropriate basis for estab- Secretary shall not consider the frequency (2) REPORT.—By not later than October 1, lishing a payment amount under this sub- with which the item or service was provided 2002, the Comptroller General shall submit a section for each such code, together with an to the patient before or after the time of the report to Congress on the study under para- explanation of the reasons for each such de- admission or visit.’’. graph (1). termination, the data on which the deter- (2) EFFECTIVE DATE.—The amendment (d) IOM STUDY ON LOCAL COVERAGE DETER- minations are based, and a request for public made by paragraph (1) shall apply to items MINATIONS.— written comments on the proposed deter- and services furnished on or after January 1, (1) STUDY.—The Secretary shall enter into mination; and 2002. an arrangement with the Institute of Medi- (b) NOTIFICATION OF PROVIDERS WHEN ‘‘(v) taking into account the comments re- cine of the National Academy of Sciences EMTALA INVESTIGATION CLOSED.—Section ceived during the public comment period, de- under which the Institute shall conduct a 1867(d) (42 U.S.C. 42 U.S.C. 1395dd(d)) is velops and makes available to the public study on local coverage determinations (in- amended by adding at the end the following (through an Internet site and other appro- cluding the application of local medical re- new paragraph: priate mechanisms) a list of final determina- view policies) under the medicare program ‘‘(4) NOTICE UPON CLOSING AN INVESTIGA- tions of the payment amounts for such tests under title XVIII of the Social Security Act. TION.—The Secretary shall establish a proce- under this subsection, together with the ra- Such study shall examine— dure to notify hospitals and physicians when tionale for each such determination, the (A) the consistency of the definitions used an investigation under this section is data on which the determinations are based, in such determinations; closed.’’. and responses to comments and suggestions (B) the types of evidence on which such de- (c) PRIOR REVIEW BY PEER REVIEW ORGANI- received from the public. ZATIONS IN EMTALA CASES INVOLVING TERMI- terminations are based, including medical ‘‘(C) Under the procedures established pur- NATION OF PARTICIPATION.— and scientific evidence; suant to subparagraph (A), the Secretary (1) IN GENERAL.—Section 1867(d)(3) (42 (C) the advantages and disadvantages of shall— U.S.C. 1395dd(d)(3)) is amended— local coverage decisionmaking, including the ‘‘(i) set forth the criteria for making deter- (A) in the first sentence, by inserting ‘‘or flexibility it offers for ensuring timely pa- minations under subparagraph (A); and in terminating a hospital’s participation tient access to new medical technology for ‘‘(ii) make available to the public the data under this title’’ after ‘‘in imposing sanc- which data are still be collected; (other than proprietary data) considered in tions under paragraph (1)’’; and (D) the manner in which the local coverage making such determinations. determination process is used to develop ‘‘(D) The Secretary may convene such fur- (B) by adding at the end the following new data needed for a national coverage deter- ther public meetings to receive public com- sentences: ‘‘Except in the case in which a mination, including the need for collection ments on payment amounts for new tests delay would jeopardize the health or safety of such data within a protocol and informed under this subsection as the Secretary deems of individuals, the Secretary shall also re- consent by individuals entitled to benefits appropriate. quest such a review before making a compli- under part A of title XVIII of the Social Se- ‘‘(E) For purposes of this paragraph: ance determination as part of the process of curity Act, or enrolled under part B of such ‘‘(i) The term ‘HCPCS’ refers to the Health terminating a hospital’s participation under title, or both; and Care Procedure Coding System. this title for violations related to the appro- (E) the advantages and disadvantages of ‘‘(ii) A code shall be considered to be ‘sub- priateness of a medical screening examina- maintaining local medicare contractor advi- stantially revised’ if there is a substantive tion, stabilizing treatment, or an appro- sory committees that can advise on local change to the definition of the test or proce- priate transfer as required by this section, coverage decisions based on an open, collabo- dure to which the code applies (such as a new and shall provide a period of 5 days for such rative public process. analyte or a new methodology for measuring review. The Secretary shall provide a copy of (2) REPORT.—Such arrangement shall pro- an existing analyte-specific test).’’. the report on the organization’s report to the vide that the Institute shall submit to the SEC. 503. TREATMENT OF HOSPITALS FOR CER- hospital or physician consistent with con- Secretary a report on such study by not later TAIN SERVICES UNDER MEDICARE fidentiality requirements imposed on the or- than 3 years after the date of the enactment SECONDARY PAYOR (MSP) PROVI- ganization under such part B.’’. of this Act. The Secretary shall promptly SIONS. (2) EFFECTIVE DATE.—The amendments transmit a copy of such report to Congress. (a) IN GENERAL.—The Secretary shall not made by paragraph (1) shall apply to termi- (e) METHODS FOR DETERMINING PAYMENT require a hospital (including a critical access nations of participation initiated on or after BASIS FOR NEW LAB TESTS.—Section 1833(h) hospital) to ask questions (or obtain infor- the date of the enactment of this Act. H8792 CONGRESSIONAL RECORD — HOUSE December 4, 2001 SEC. 505. EMERGENCY MEDICAL TREATMENT pated periods of high patient loads, staffing (5) in paragraph (4), by striking ‘‘2002’’ and AND ACTIVE LABOR ACT (EMTALA) shortages due to illness or other events, or inserting ‘‘2003’’ each place it appears. TECHNICAL ADVISORY GROUP. temporary travel of a patient outside a hos- (b) CHANGE IN DEADLINES AND ELECTION PE- (a) ESTABLISHMENT.—The Secretary shall pice program’s service area, a hospice pro- RIOD.— establish a Technical Advisory Group (in gram may enter into arrangements with an- (1) IN GENERAL.—Notwithstanding any this section referred to as the ‘‘Advisory other hospice program for the provision by other provision of law— Group’’) to review issues related to the that other program of services described in (A) the deadline for submittal of informa- Emergency Medical Treatment and Active paragraph (2)(A)(ii)(I). The provisions of tion under section 1854(a)(1) of the Social Se- Labor Act (EMTALA) and its implementa- paragraph (2)(A)(ii)(II) shall apply with re- curity Act (42 U.S.C. 1395w–24(a)(1)) for 2002 is tion. In this section, the term ‘‘EMTALA’’ spect to the services provided under such ar- changed from July 1, 2002, to the third Mon- refers to the provisions of section 1867 of the rangements.’’. day in September of 2002; and Social Security Act (42 U.S.C. 1395dd). (b) CONFORMING PAYMENT PROVISION.—Sec- (B) the annual, coordinated election period (b) MEMBERSHIP.—The Advisory Group tion 1814(i) (42 U.S.C. 1395f(i)) is amended by under section 1851(e)(3)(B) of such Act (42 shall be composed of 19 members, including adding at the end the following new para- U.S.C. 1395w–21(e)(3)(B)) with respect to 2003 the Administrator of the Centers for Medi- graph: shall be the period beginning on November care & Medicaid Services and the Inspector ‘‘(4) In the case of hospice care provided by 15, 2002, and ending on December 31, 2002. General of the Department of Health and a hospice program under arrangements under (2) GAO STUDY ON IMPACT OF CHANGE ON Human Services and of which— section 1861(dd)(5)(D) made by another hos- BENEFICIARIES AND PLANS.—The Comptroller (1) 4 shall be representatives of hospitals, pice program, the hospice program that General of the United States shall conduct a including at least one public hospital, that made the arrangements shall bill and be paid review of the Medicare+Choice open enroll- have experience with the application of for the hospice care.’’. ment process that occurred during 2001, in- EMTALA and at least 2 of which have not (c) EFFECTIVE DATE.—The amendments cluding the offering of Medicare+Choice been cited for EMTALA violations; made by this section shall apply to hospice plans for 2002. By not later than May 31, 2002, (2) 7 shall be practicing physicians drawn care provided on or after the date of the en- the Comptroller General shall submit a re- from the fields of emergency medicine, cardi- actment of this Act. port to Congress and the Secretary on such ology or cardiothoracic surgery, orthopedic SEC. 507. APPLICATION OF OSHA BLOODBORNE review. Such report shall include the fol- surgery, neurosurgery, pediatrics or a pedi- PATHOGENS STANDARD TO CERTAIN lowing: atric subspecialty, obstetrics-gynecology, HOSPITALS. (A) An analysis of the effect of allowing ad- and psychiatry, with not more than one phy- (a) IN GENERAL.—Section 1866 (42 U.S.C. ditional time for the submittal of adjusted sician from any particular field; 1395cc) is amended— community rates and other data on the ex- (3) 2 shall represent patients; (1) in subsection (a)(1)— tent of participation of Medicare+Choice or- (4) 2 shall be staff involved in EMTALA in- (A) in subparagraph (R), by striking ‘‘and’’ ganizations and on the benefits offered under vestigations from different regional offices at the end; Medicare+Choice plans. of the Centers for Medicare & Medicaid Serv- (B) in subparagraph (S), by striking the pe- (B) An evaluation of the plan-specific in- ices; and riod at the end and inserting ‘‘, and’’; and formation provided to beneficiaries, the (5) 1 shall be from a State survey office in- (C) by inserting after subparagraph (S) the timeliness of the receipt of such informa- volved in EMTALA investigations and 1 shall following new subparagraph: tion, the adequacy of the duration of the be from a peer review organization, both of ‘‘(T) in the case of hospitals that are not open enrollment period, and relevant oper- whom shall be from areas other than the re- otherwise subject to the Occupational Safety ational issues that arise as a result of the gions represented under paragraph (4). and Health Act of 1970, to comply with the timing and duration of the open enrollment In selecting members described in para- Bloodborne Pathogens standard under sec- period, including any problems related to the graphs (1) through (3), the Secretary shall tion 1910.1030 of title 29 of the Code of Fed- provision services immediately following en- consider qualified individuals nominated by eral Regulations (or as subsequently redesig- rollment. organizations representing providers and pa- nated).’’; and (C) The results of surveys of beneficiaries tients. (B) by adding at the end of subsection (b) and Medicare+Choice organizations. (c) GENERAL RESPONSIBILITIES.—The Advi- the following new paragraph: (D) Such recommendations regarding the sory Group— ‘‘(4)(A) A hospital that fails to comply with appropriateness of the changes provided (1) shall review EMTALA regulations; the requirement of subsection (a)(1)(T) (re- under paragraph (1) as the Comptroller Gen- (2) may provide advice and recommenda- lating to the Bloodborne Pathogens stand- eral finds appropriate. tions to the Secretary with respect to those ard) is subject to a civil money penalty in an SEC. 509. BIPA-RELATED TECHNICAL AMEND- regulations and their application to hos- amount described in subparagraph (B), but is MENTS AND CORRECTIONS. pitals and physicians; not subject to termination of an agreement (a) TECHNICAL AMENDMENTS RELATING TO (3) shall solicit comments and rec- under this section. ADVISORY COMMITTEE UNDER BIPA SECTION ommendations from hospitals, physicians, ‘‘(B) The amount referred to in subpara- 522.—(1) Subsection (i) of section 1114 (42 and the public regarding the implementation graph (A) is an amount that is similar to the U.S.C. 1314)— of such regulations; and amount of civil penalties that may be im- (A) is transferred to section 1862 and added (4) may disseminate information on the ap- posed under section 17 of the Occupational at the end of such section; and plication of such regulations to hospitals, Safety and Health Act of 1970 for a violation (B) is redesignated as subsection (j). physicians, and the public. of the Bloodborne Pathogens standard re- (2) Section 1862 (42 U.S.C. 1395y) is (d) ADMINISTRATIVE MATTERS.— ferred to in subsection (a)(1)(T) by a hospital amended— (1) CHAIRPERSON.—The members of the Ad- that is subject to the provisions of such Act. (A) in the last sentence of subsection (a), visory Group shall elect a member to serve ‘‘(C) A civil money penalty under this by striking ‘‘established under section as chairperson of the Advisory Group for the paragraph shall be imposed and collected in 1114(f)’’; and life of the Advisory Group. the same manner as civil money penalties (B) in subsection (j), as so transferred and (2) MEETINGS.—The Advisory Group shall under subsection (a) of section 1128A are im- redesignated— first meet at the direction of the Secretary. posed and collected under that section.’’. (i) by striking ‘‘under subsection (f)’’; and The Advisory Group shall then meet twice (b) EFFECTIVE DATE.—The amendments (ii) by striking ‘‘section 1862(a)(1)’’ and in- per year and at such other times as the Advi- made by this subsection (a) shall apply to serting ‘‘subsection (a)(1)’’. sory Group may provide. hospitals as of July 1, 2002. (b) TERMINOLOGY CORRECTIONS.—(1) Section (e) TERMINATION.—The Advisory Group SEC. 508. ONE-YEAR DELAY IN LOCK IN PROCE- 1869(c)(3)(I)(ii) (42 U.S.C. 1395ff(c)(3)(I)(ii)), as shall terminate 30 months after the date of DURES FOR MEDICARE+CHOICE amended by section 521 of BIPA, is its first meeting. PLANS; CHANGE IN amended— (f) WAIVER OF ADMINISTRATIVE LIMITA- MEDICARE+CHOICE REPORTING (A) in subclause (III), by striking ‘‘policy’’ TION.—The Secretary shall establish the Ad- DEADLINES AND ANNUAL, COORDI- and inserting ‘‘determination’’; and visory Group notwithstanding any limita- NATED ELECTION PERIOD FOR 2002. (B) in subclause (IV), by striking ‘‘medical tion that may apply to the number of advi- (a) LOCK-IN DELAY.—Section 1851(e) (42 review ––policies’’ and inserting ‘‘coverage sory committees that may be established U.S.C. 1395w–21(e)) is amended— determinations’’. (within the Department of Health and (1) in paragraph (2)(A), by striking (2) Section 1852(a)(2)(C) (42 U.S.C. 1395w– Human Services or otherwise). ‘‘THROUGH 2001’’ and ‘‘and 2001’’ and inserting 22(a)(2)(C)) is amended by striking ‘‘policy’’ SEC. 506. AUTHORIZING USE OF ARRANGEMENTS ‘‘THROUGH 2002’’ and ‘‘2001, and 2002’’, respec- and ‘‘POLICY’’ and inserting ‘‘determination’’ WITH OTHER HOSPICE PROGRAMS tively; each place it appears and ‘‘DETERMINATION’’, TO PROVIDE CORE HOSPICE SERV- (2) in paragraph (2)(B), by striking ‘‘DURING respectively. ICES IN CERTAIN CIRCUMSTANCES. 2002’’ and inserting ‘‘DURING 2003’’; (c) REFERENCE CORRECTIONS.—Section (a) IN GENERAL.—Section 1861(dd)(5) (42 (3) in paragraphs (2)(B)(i) and (2)(C)(i), by 1869(f)(4) (42 U.S.C. 1395ff(f)(4)), as added by U.S.C. 1395x(dd)(5)) is amended by adding at striking ‘‘2002’’ and inserting ‘‘2003’’ each section 522 of BIPA, is amended— the end the following new subparagraph: place it appears; (1) in subparagraph (A)(iv), by striking ‘‘(D) In extraordinary, exigent, or other (4) in paragraph (2)(D), by striking ‘‘2001’’ ‘‘subclause –(I), (II), or (III)’’ and inserting non-routine circumstances, such as unantici- and inserting ‘‘2002’’; and ‘‘clause (i), (ii), or (iii)’’; December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8793 (2) in subparagraph (B), by striking ‘‘clause Social Security Act, and how those aspects tinue to serve our Nation’s seniors, last (i)(IV)’’ –and ‘‘clause (i)(III)’’ and inserting interact and the effect on appropriate com- January my subcommittee began tak- ‘‘subparagraph (A)(iv)’’ and ‘‘subparagraph pensation for physician services. Such report ing a hard look at provider complaints. (A)(iii)’’, respectively; and shall review alternatives for the physician Today we bring to you a bipartisan bill (3) in subparagraph (C), by striking ‘‘clause fee schedule under section 1848 of such title (i)’’, ‘‘subclause (IV)’’ and ‘‘subparagraph (42 U.S.C. 1395w–4). to address the severe problems that (A)’’ and inserting ‘‘subparagraph (A)’’, (b) PROMPT SUBMISSION OF OVERDUE RE- have developed in Medicare. ‘‘clause (iv)’’ and ‘‘paragraph (1)(A)’’, respec- PORTS ON PAYMENT AND UTILIZATION OF OUT- The bill before us does many radical tively each place it appears. PATIENT THERAPY SERVICES.—The Secretary things. It disciplines the regulatory (d) OTHER CORRECTIONS.—Effective as if in- shall submit to Congress as expeditiously as process so regulations will be issued cluded in the enactment of section 521(c) of practicable the reports required under sec- through a predictable and timely proc- BIPA, section 1154(e) (42 U.S.C. 1320c–3(e)) is tion 4541(d)(2) of the Balanced Budget Act of ess, with provider input before pro- amended by striking paragraph (5). 1997 (relating to alternatives to a single an- posed regulations are made public. (e) EFFECTIVE DATE.—Except as otherwise nual dollar cap on outpatient therapy) and Another radical thing it does, it provided, the amendments made by this sec- under section 221(d) of the Medicare, Med- stops, it prohibits government from tion shall be effective as if included in the icaid, and SCHIP Balanced Budget Refine- enactment of BIPA. ment Act of 1999 (relating to utilization pat- imposing regulations retroactively. There will be no more changing the SEC. 510. CONFORMING AUTHORITY TO WAIVE A terns for outpatient therapy). PROGRAM EXCLUSION. (c) ANNUAL PUBLICATION OF LIST OF NA- rules of the game and then punishing The first sentence of section 1128(c)(3)(B) TIONAL COVERAGE DETERMINATIONS.—The providers for noncompliance. It pro- (42 U.S.C. 1320a–7(c)(3)(B)) is amended to read Secretary shall provide, in an appropriate hibits, read that ‘‘stops,’’ government as follows: ‘‘Subject to subparagraph (G), in annual publication available to the public, a from imposing sanctions and demand- the case of an exclusion under subsection (a), list of national coverage determinations ing repayment if they provided care to the minimum period of exclusion shall be made under title XVIII of the Social Secu- seniors in compliance with written not less than five years, except that, upon rity Act in the previous year and informa- tion on how to get more information with re- guidance from the government. It the request of the administrator of a Federal speeds up the process Medicare uses to health care program (as defined in section spect to such determinations. set payments for new diagnostic and 1128B(f)) who determines that the exclusion The SPEAKER pro tempore. Pursu- treatment technologies by creating a would impose a hardship on individuals enti- ant to the rule, the gentlewoman from Council of Technology and Innovation. tled to benefits under part A of title XVIII or Connecticut (Mrs. JOHNSON) and the enrolled under part B of such title, or both, It requires a simple process to correct gentleman from California (Mr. STARK) the Secretary may waive the exclusion under technical error, relieving our care- each will control 20 minutes. subsection (a)(1), (a)(3), or (a)(4) with respect givers of all the paperwork and severe The Chair recognizes the gentle- to that program in the case of an individual cash flow problems that result from woman from Connecticut (Mrs. JOHN- or entity that is the sole community physi- the laborious appeals process, a killer SON). cian or sole source of essential specialized of small providers. services in a community.’’. Mrs. JOHNSON of Connecticut. Mr. Radically, we require through this SEC. 511. TREATMENT OF CERTAIN DENTAL Speaker, I yield 10 minutes to the gen- bill that the people who process pay- CLAIMS. tleman from Louisiana (Mr. TAUZIN), ments for Medicare services answer (a) IN GENERAL.—Section 1862 (42 U.S.C. and I ask unanimous consent that he 1395y) is amended by inserting after sub- questions accurately. GAO found that be allowed to control that time. these contractors answered only 15 per- section (c) the following new subsection: The SPEAKER pro tempore. Is there ‘‘(d)(1) Subject to paragraph (2), a group cent of routine questions accurately, health plan (as defined in subsection objection to the request of the gentle- and, worse yet, 32 percent of provider (a)(1)(A)(v)) providing supplemental or sec- woman from Connecticut? questions were answered completely ondary coverage to individuals also entitled There was no objection. inaccurately. to services under this title shall not require Mrs. JOHNSON of Connecticut. Mr. By setting performance standards in a medicare claims determination under this Speaker, I yield myself such time as I competitive contracting, Medicare can title for dental benefits specifically excluded may consume. assure better-quality provider support under subsection (a)(12) as a condition of Mr. Speaker, Secretary Thompson making a claims determination for such ben- services. said about Medicare, ‘‘Complexity is Under this bill, doctors get fairer efits under the group health plan. over the system, criminalizing honest ‘‘(2) A group health plan may require a treatment when audited for billing in- claims determination under this title in mistakes, and driving doctors, nurses, accuracy. They will get explanations, cases involving or appearing to involve inpa- and other health care professionals out the right to discuss coding differences, tient dental hospital services or dental serv- of the program.’’ and written explanations when dif- ices expressly covered under this title pursu- I agree. ferences remain. This should stop the ant to actions taken by the Secretary.’’. Medicare and Medicaid are governed arbitrary decisions that result in tens (b) EFFECTIVE DATE.—The amendment by 132,000 pages of regulations. That is made by subsection (a) shall take effect on of thousands of dollars of unjust fines. 3 times the IRS Code and its regula- When a physician who is responsible the date that is 60 days after the date of the tions and the result is exactly as the enactment of this Act. for running the Medicare program tells Secretary described. me she cannot tell the difference be- SEC. 512. MISCELLANEOUS REPORTS, STUDIES, Memorial Hospital in Gonzales, AND PUBLICATION REQUIREMENTS. tween a comprehensive physical and a Texas has 33 beds and 20 billing staff. (a) GAO REPORTS ON THE PHYSICIAN COM- detailed physical, two entirely dif- PENSATION.— Northwestern Memorial Hospital in ferent levels of care for billing pur- (1) SUSTAINABLE GROWTH RATE AND UP- Chicago just hired 26 new full-time em- poses, should we be surprised that doc- DATES.—Not later than 6 months after the ployees to meet new regulatory re- tors who make coding errors are frus- date of the enactment of this Act, the Comp- quirements. trated and angered by Medicare’s arbi- troller General of the United States shall At a time when we need Medicare submit to Congress a report on the appro- trary, confrontational audits by non- dollars for more nursing care, prescrip- medical people and its complex, irra- priateness of the updates in the conversion tion drugs, annual physicals, and new factor under subsection (d)(3) of section 1848 tional documentation requirements? systems to help seniors manage mul- of the Social Security Act (42 U.S.C. 1395w– b 1700 4), including the appropriateness of the sus- tiple chronic illnesses, we cannot in tainable growth rate formula under sub- good conscience ignore the costly ad- I am proud that this is a bipartisan section (f) of such section for 2002 and suc- ministrative burdens and the mul- bill. It has been developed with the ceeding years. Such report shall examine the titude of injustices being heaped on study and input of every member of the stability and predictability of such updates Medicare doctors, hospitals, home Ways and Means Subcommittee on and rate and alternatives for the use of such health care providers, nursing homes, Health, and then the follow-on input of rate in the updates. and other providers by a literal explo- the Committee on Energy and Com- (2) PHYSICIAN COMPENSATION GENERALLY.— Not later than 12 months after the date of sion of complex law, regulation direc- merce, Republicans and Democrats, as the enactment of this Act, the Comptroller tives, and paperwork. well as the administration and the In- General shall submit to Congress a report on To address what I consider to be a spector General. all aspects of physician compensation for crisis endangering the ability of small I want to especially thank John services furnished under title XVIII of the providers and many doctors to con- McManus, Jennifer Baxendell, Deborah H8794 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Williams, Joel White, Cybele Bjorklund CMS, I still want to call it HCFA, but drug coverage and other significant im- and Carl Taylor, our Republican and will enable that agency to better re- provements through all Medicare bene- Democratic staff members of the Com- spond to and anticipate beneficiary ficiaries, in addition to funding other mittee on Ways and Means, because needs. As every Member knows, Mem- key national priorities in education this has been an incredibly time-con- bers must now help Medicare bene- and other social areas. suming, work-intensive bill. Without ficiaries with their casework because The surplus, instead, was squandered their endless attention to detail and no office really exists within CMS to on excessive tax breaks for the thoughtful, sound judgments, it would help the beneficiaries. wealthy, and it is now clear that the not be before us today. We have also established a single na- Bush recession that began last spring Please support H.R. 3391. It is a giant tional toll free telephone number, 1– and the Republican tax package have step toward a stronger Medicare pro- 800–MEDICARE, I hope it answers, for sealed the deal. Our legislative record gram. the beneficiaries to call with their at the end of the first session of the THANK YOUS ON H.R. 3391 questions; and this single telephone 107th Congress is a tribute to misplaced number will replace the many pages of priorities. LEGISLATIVE COUNSEL I look forward to changing that and Ed Grossman. telephone numbers that beneficiaries Pierre Poisson. now must sort through in the Medicare working with my colleagues as we have handbook to find the correct place to on this bill on the Subcommittee on CONGRESSIONAL RESEARCH SERVICE Health to see if in the next session of Siby Tilson. call with their questions. I am particularly pleased that a dem- Congress we can reverse this course CONGRESSIONAL BUDGET OFFICE onstration program will place Medicare and improve the Medicare system as it Tom Bradley. has long been set aside from doing. Alexis Ahlstrom. staff in Social Security field offices to answer beneficiary questions and pro- Mr. Speaker, I reserve the balance of WAYS AND MEANS MINORITY vide assistance on Medicare issues. my time. Cybele Bjorklund. Beneficiaries are accustomed to going Mrs. JOHNSON of Connecticut. Mr. Carl Taylor. 1⁄2 to Social Security offices, as indeed are Speaker, it is my privilege to yield 1 ENERGY AND COMMERCE STAFF minutes to the gentlewoman from the caseworkers in our local offices, for Washington (Ms. DUNN), a hardworking Pat Morrisey. help and assistance in these programs. Erin Kuhls. member of our subcommittee. Julie Corcoran. This will help by having Medicare as- Ms. DUNN. Mr. Speaker, I rise in sup- Bridgett Taylor. sistance for them in these same offices. port of this bill to provide regulatory I would also like to suggest accolades Karen Folk. relief to doctors throughout the Na- for the gentleman from Pennsylvania Amy Hall. tion. I want to thank the gentleman Susan Christensen. (Mr. ENGLISH), who has worked with Jayna Gadomski. from California (Mr. THOMAS) for being me on a bill to protect nurses and involved in developing this legislation; DEPT. OF HEALTH AND HUMAN SERVICES other health care workers from needle but I want to give special kudos to the Staff. stick injuries by requiring the use of gentlewoman from Connecticut (Mrs. Mr. Speaker, I reserve the balance of safe needle technology in public hos- JOHNSON), the subcommittee chairman, my time. pitals, as well as has been required by and the gentleman from California (Mr. Mr. STARK. Mr. Speaker, I ask unan- those hospitals under OSHA super- STARK), her ranking member, because imous consent that at the conclusion vision. We have been working on this they worked together. This is bipar- of 10 minutes of my time that 10 min- issue for years, and we have made sig- tisan and we are very pleased with the utes be yielded to the gentleman from nificant progress; and this legislation result of our work. It will cost nothing, Ohio (Mr. BROWN) for the purposes of completes those efforts, and this provi- but it does true regulatory reform. control. sion in the bill will save lives. It is an I also want to thank my colleagues, The SPEAKER pro tempore (Mr. important component of the bill. the gentleman from Maryland (Mr. ULBERSON C ). Is there objection to the Importantly, this bill delays for a EHRLICH) and the gentleman from request of the gentleman from Cali- year the requirement in law that would Washington (Mr. MCDERMOTT), for fornia? begin in 2002 to lock beneficiaries into working with me to ensure that in this There was no objection. the Medicare+Choice plans, and under bill our seniors have access to the lat- Mr. STARK. Mr. Speaker, I yield my- this legislation beneficiaries would est clinical laboratory tests. self such time as I may consume. continue to be able to enroll in and I am very pleased that this regu- The bill we are moving today em- disenroll from these plans throughout latory relief bill creates a transparent, bodies basically the way Congress used the year. I would strongly prefer to re- timely and public process at CMS to to work, with the majority and minor- peal the lock-in altogether, but I be- evaluate and to incorporate new tech- ity working together to enact improve- lieve a 1-year delay is a good start. nologies into the Medicare program. ments to the Medicare program. On Finally, the bill takes long overdue This is a critical step in ensuring that this bill, the Medicare Regulatory and steps to fundamentally reform Medi- doctors have every tool available to as- Contracting Reform Act, both sides care’s contracting system. We have sist our seniors. have worked closely with the adminis- worked on this for years. I am con- Medical innovations are moving too tration, with providers, consumers fident under this new system we can fast to wait for Medicare’s coverage groups and others. It has been a bipar- get a better deal for our government and payments. This is especially true tisan, consultative process as it should and still maintain quality service and for new laboratory tests, a field that be. performance goals for the beneficiary. has been rapidly advancing in innova- In addition, Mr. Speaker, I think it is This will place additional adminis- tions exponentially. important to acknowledge the out- trative burdens on CMS; and as we dis- The quality of our health care sys- standing leadership and hard work of cussed earlier today with the gen- tem here in the United States depends the gentlewoman from Nevada (Ms. tleman from Ohio (Mr. HOBSON) and on our ability to prevent, diagnose, and BERKLEY). She brought this matter to others, we will continue to see that treat illnesses and diseases. Support the attention of Congress and has shep- Labor HHS appropriation bills provide this legislation so that our Nation’s herded it along the way and has been modest increases in administrative re- seniors will be able to access break- an invaluable help in seeing this legis- sources for CMS to complete this work. through tests that can help save their lation be completed. I guess that said, Mr. Speaker, I have lives. The legislation contains important to add that I think it is somewhat dis- Mr. STARK. Mr. Speaker, I am beneficiary provisions which I think graceful that this ends up being our pleased to yield 2 minutes to the gen- are important to emphasize. We have really only Medicare legislation this tlewoman from Nevada (Ms. BERKLEY), established a beneficiary ombudsman year. We started the 107th Congress who is one of the originators of this program that will provide a voice for with a record budget surplus and the legislation. beneficiaries within the Centers for ability to easily enact and pay for com- Ms. BERKLEY. Mr. Speaker, I rise Medicare and Medicaid Services, now prehensive, affordable prescription today in strong support of H.R. 3391, to December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8795 provide long-awaited Medicare regu- creasing drumbeat of criticism, from and all of the committees working to- latory relief to health care providers. I health care providers and patients in gether, this piece of legislation would would like to particularly thank my my own district, over a cumbersome not have been brought forward to this colleagues who have worked so hard to Medicare system that was slow to floor. make this piece of legislation a reality, adapt to rapid changes in health care, People sometimes do not realize how the gentlewoman from Connecticut cumbersome in its management of ex- complicated Medicare can be at times; (Mrs. JOHNSON); the gentleman from isting benefits, and required far too and when one is trying to balance bene- California (Mr. STARK), especially for much time spent in processing paper- ficiaries and the doctors and the con- his very generous praise, I appreciate work for claims reimbursements. tractors, sometimes we have to work that; the gentleman from Ohio (Mr. Moreover, there is also a widespread through some very difficult situations. BROWN); the gentleman from Florida perception that the Centers for Medi- I will tell my colleagues that in talk- (Mr. BILIRAKIS); the gentleman from care and Medicaid Services, formerly ing with my doctors in the fifth dis- New York (Mr. RANGEL); the gentleman known as HCFA, has in the past issued trict, one of the things that I heard from California (Mr. THOMAS); the gen- new regulations in an arbitrary and ca- over and over again was the sheer vol- tleman from Louisiana (Mr. TAUZIN); pricious manner, with little regard for ume and complexity of the Medicare and the gentleman from Michigan (Mr. the interests and situations of those regulations and what it has meant to DINGELL) for their hard work on this health care providers who would be im- them. Most of what it means to them is legislation. I would especially like to pacted by a regulatory change. The they do not have the time to spend thank the gentleman from Pennsyl- fact that many of these changes came with their patients because they are vania (Mr. TOOMEY) for his leadership without sufficient accompanying ex- spending so much time on the complex- on this issue. planations further exacerbated prob- ities. I became involved with this legisla- lems for providers and patients who Another issue that I think is very tion when doctor after doctor in the often have difficulty divining the ar- important about this is that these doc- Las Vegas area came to me with horror cane and often confusing world of tors also tell me, in talking with their stories of how they had been treated by Medicare regulations. staffs and their offices, that their ad- HCFA and how it had inhibited their There is also the issue of the Medi- ministrative expenses can represent as ability to care for their patients. The care contracting program which, in much as 25 percent of their cost. That cornerstone of health care in this coun- this age of open government, remains a means, again, the cost to Medicare and try is the doctor-patient relationship, closed system. This has fostered ineffi- the dollars that we have available is and many of us have fought consist- ciency and prevented the Medicare con- not being spent on the patient, but on ently to maintain the integrity of this tracting program from keeping up with administrative costs. So hiring an fundamental and very personal rela- rapid developments in the delivery of extra person, doing something more for tionship. health care in the private sector. the patient can sometimes cause a Over the years, excessive paperwork H.R. 3391 is a bipartisan solution to problem. and overburdensome government regu- address these problems and to serve as In seeing that in this piece of legisla- lation have interfered with that rela- the first step in modernizing overhaul tion, one of the things that we fought tionship. This legislation will help cut of the Medicare system, which stream- very hard for and I think is going to be red tape and bureaucratic excesses so lines the regulatory process, reforms a wonderful opportunity for us to look doctors can spend more time with their the contracting system to make it at in the future is the demonstration patients and less time on paperwork. more open and accountable, expanding program that we provided to on-site Reform is important to the doctors, outreach and education to better in- technical assistance for doctors to help important to our seniors, and vital to form both providers and patients of with the complexity of Medicare cod- the health of Medicare. While this bill, their rights and responsibilities, and ing. as the gentleman from California (Mr. makes important improvements to the b 1715 STARK) says, does not include every- appeals and recovery process. thing I had hoped for, it is a very sig- Mr. Speaker, Medicare, along with We heard an awful lot about that. So nificant step in the right direction. I the Social Security system, represents this was an issue we thought put them am proud that my name is associated the most popular and successful pro- on site, they get the opportunity to with this bill, and I urge all of my col- gram for seniors ever enacted. This bill really sit down with folks and figure leagues to support it. will ensure the continued success of out where their problems might be. Mrs. JOHNSON of Connecticut. Mr. the system by making it easier for Then I also want to thank the gen- Speaker, I yield myself such time as I Medicare health care providers to oper- tleman from Minnesota (Mr. RAMSTAD) may consume. ate within the system, as well as to for his leadership on a piece of legisla- I would like to thank the gentle- offer relief through the reduction of pa- tion that he and I introduced for a cou- woman from Nevada (Ms. BERKLEY) and perwork burdens. ple of years in a row dealing with tech- the gentleman from Pennsylvania (Mr. This measure will both reform the nology. And so what we have done in TOOMEY), who is going to speak later, Medicare system and improve con- this bill is we have actually set up a for their hard work on behalf of physi- fidence in its future on the part of both Council for Technology and Innovation cians, most of which is reflected in this providers and patients. Accordingly, I within CMS. This council will have an legislation. urge my colleagues to fully join in sup- executive coordinator who acts as a Mr. Speaker, I yield 2 minutes to the porting this measure. single point of contact between CMS gentleman from New York (Mr. GIL- Mr. STARK. Mr. Speaker, I am and outside entities to help explain MAN). pleased to yield 21⁄2 minutes to the gen- coverage, coding, and payment ques- (Mr. GILMAN asked and was given tlewoman from Florida (Mrs. THUR- tions about new and innovative tech- permission to revise and extend his re- MAN), who has worked diligently on nologies. marks.) this legislation in behalf of all the sen- We are all very proud of what hap- Mr. GILMAN. Mr. Speaker, I am iors, most of whom I think reside in pens in this country with innovation. pleased to rise in support of H.R. 3391. her district in Florida, but for all of So I would just like to take this oppor- This legislation makes extensive the rest of us seniors who do not. tunity to thank all, and our staffs, that changes and modifications in the regu- Mrs. THURMAN. Mr. Speaker, I want were involved in this, and ask for my latory and contracting systems within to thank the gentleman from Cali- colleagues’ support for this bill. Medicare, and I commend the gentle- fornia (Mr. STARK) for yielding me this Mr. STARK. Mr. Speaker, I yield woman from Connecticut (Mrs. JOHN- time and those nice remarks, but I also back the balance of my time. SON) and the gentleman from California want to thank the gentlewoman from Mrs. JOHNSON of Connecticut. Mr. (Mr. STARK) for their work on this Connecticut (Mrs. JOHNSON) and the Speaker, I yield myself such time as I measure. gentleman from Florida (Mr. BILI- may consume. Along with many of our colleagues, I RAKIS) and the gentleman from Ohio Mr. Speaker, I conclude by thanking have heard in recent years that in- (Mr. BROWN). Without their diligence the gentleman from California for his H8796 CONGRESSIONAL RECORD — HOUSE December 4, 2001 cooperation throughout this long proc- tunity to vote on legislation that will written and rewritten and rewritten ess, and our joint efforts, and also his enable doctors to spend more of their with the input of the health care com- staff, as I did earlier. They have time caring for patients, putting pa- munity, consumer advocates, the com- worked very, very long hours on this. tients first, and putting in less time mittees of jurisdiction, and the admin- And I would like to say that this bill completing paperwork for the govern- istration. It took months, it took dif- is only the beginning of strengthening ment and bureaucrats. ficult compromises, but the final prod- Medicare. The administration is orga- The Toomey-Berkley Medicare uct will make a tangible, positive dif- nizing task forces with real-world pro- RACER Act was successfully reported ference for beneficiaries and providers viders on them to rethink the most from the Subcommittee on Health, alike. time consuming forms that health care thanks to the dedication and commit- Key provisions of the bill bolster providers have to fill out. If we can col- ment of the chairman, the gentleman communications between and among lect only the data we need, streamline from Florida (Mr. BILIRAKIS) and the the Medicare program and its bene- and simplify billing systems and ad- gentleman from Georgia (Mr. NOR- ficiaries and providers, improve the ministrative processes, we can literally WOOD). It was also successfully reported Medicare appeals process, and establish free millions of hours of caregiver time out of the full Committee on Energy new performance standards for Medi- for the benefit of our seniors. It will and Commerce. It requires contractors care contractors. take the leadership of Secretary to provide general written responses to No one is well served when providers Thompson and Administrator Scully, written inquiries from beneficiaries either cannot get the information they and it will take long hearings and at- and health care providers within 45 need or coverage policies are unclear, tention to detail next year and the business days, and it requires Medicare or anti-fraud and abuse measures elicit year after, working together, our com- contractors to notify health care pro- such mistrust that providers second- mittee and the Committee on Energy viders of problems that have been iden- guess every treatment decision. This and Commerce. tified in a probe sample, and to alert legislation takes those issues seriously Together, we can make Medicare a providers as to the steps they should and does something about them. Im- model of smart, responsive government take to resolve the problems. portantly, the bill also provides and and reverse the belief expressed by so Each of these improvements is sig- improves Medicare responsiveness to many in our hearings, but summed up nificant and each of them has been in- its 39 million beneficiaries. by a doctor who said, ‘‘Medicare has cluded in the bill we are about to vote I want to thank my colleagues, the lost a sense of fairness, due process and on today. And I wish to thank my col- gentleman from Louisiana (Mr. TAU- common sense.’’ We intend to restore leagues from the Committee on Ways ZIN), the gentleman from Florida (Mr. those qualities to the most beloved and and Means for working so well with the BILIRAKIS), and the gentleman from important program in our Nation not gentleman from Florida (Mr. BILI- Michigan (Mr. DINGELL) especially, and just for seniors but for their children RAKIS), the gentleman from Ohio (Mr. staff members Bridgett Taylor, Karen and grandchildren as well. BROWN), the gentleman from Michigan Folk, Amy Hall, and on my staff, Katie Mr. TAUZIN. Mr. Speaker, I yield (Mr. DINGELL), and myself to consoli- Porter and Ellie Dehoney for fighting myself such time as I may consume, date the work of our two committees. tooth and nail to ensure this legisla- and I rise today in strong support of Lord knows, we need to thank the staff tion, in effect, keeps our eye on the H.R. 3391, the Medicare Regulatory who put in hours and hours and hours, ball. They made sure the bill contains Contracting Reform Act of 2001. late nights and weekends, to bring all The bill captures the best of two provisions that relate directly to Medi- this together. care’s fundamental mission, to make bills. The legislation reported out of We worked to strike an appropriate sure seniors and disabled individuals the Committee on Ways and Means, balance between the need for regu- receive the care that they need. and H.R. 3046, the Medicare RACER latory relief and the government’s obli- Thanks largely to their resolve and Act, which was reported from the Com- gation to protect taxpayer funds from hard work, this legislation ensures mittee on Energy and Commerce. It waste, fraud, and abuse. This captures that seniors know definitively and up represents the diligent work of the the hard work of both committees. It front whether Medicare covers the many Members of Congress to make has broad support with the beneficiary health care their doctor recommends. the Medicare program more flexible groups, the health care community Especially for low-income seniors, that and less bureaucratic. It is also a shin- and, by the way, the administration. ing example of what can be achieved I urge my colleagues to join us in full is a crucial and overdue change in when we have true bipartisan coopera- support of the legislation. Medicare rules, and I appreciate the tion. Mr. Speaker, I reserve the balance of negotiated work that we all could do Earlier this year, the Committee on my time. on that issue. Energy and Commerce began a project Mr. BROWN of Ohio. Mr. Speaker, I The Medicare fee-for-service program we called ‘‘patients first.’’ The idea was yield myself such time as I may con- is the largest insurance program in the indeed to try to see if we could not re- sume. United States, serving 36 million Amer- form the regulations and the burdens I am pleased to join my colleagues icans, contracting with almost 1 mil- at CMS to indeed put patients first; to both on the Committee on Ways and lion providers. Recent surveys docu- make sure that physicians and health Means and the Committee on Energy ment what most of us know from care providers, who are forced to spend and Commerce in support of H.R. 3391. speaking with our constituents; that too much time filling out forms and I want to thank my colleagues, the is, an overwhelming majority of Medi- trying to learn the rules of the road gentleman from Pennsylvania (Mr. care beneficiaries trust in and are very and the changing rules of the road, TOOMEY) and the gentlewoman from satisfied with their coverage under fee- might in fact get some relief. Nevada (Ms. BERKLEY) for taking on for-service Medicare. Our committee held a number of this daunting task. In a resource-lim- Americans overwhelmingly oppose hearings and we disseminated surveys ited environment, they were deter- Republican efforts to privatize this sys- to elicit input from beneficiaries and mined to identify reforms in Medicare tem, Americans overwhelmingly reject health care providers about the com- operations that serve the best interests Republican efforts to allow more insur- plexities of the Medicare program and of beneficiaries and respond to a host ance company intrusion into fee-for- its rules. We also brought together ben- of legitimate issues raised by pro- service Medicare, and Americans over- eficiary groups, provider associations, viders, while making sure to in no way whelmingly want prescription drug and government officials to talk about compromise the program’s efforts to coverage, an area where this Congress regulatory relief. fight fraud, waste and abuse. It is a tall and the Bush administration have so Because of the leadership particu- order and the gentleman from Pennsyl- far failed miserably to achieve. But larly of the gentleman from Pennsyl- vania and the gentlewoman from Ne- since that level of trust and satisfac- vania (Mr. TOOMEY) and the gentle- vada did an excellent job. tion the people in this country have for woman from Nevada (Ms. BERKLEY), we This bipartisan legislation was a col- Medicare is a fundamental measure of are standing here today with an oppor- lective effort, to say the least. It was this program’s success, changing the December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8797 Medicare rules was a high-stakes exer- Mr. DINGELL. Mr. Speaker, I thank beneficiaries this right for all Medicare cise that we, bipartisanly, were able to my good friend for yielding me this services. achieve. time, and I rise today to speak in favor b 1730 I am confident that the changes en- of H.R. 3391, the Medicare Regulatory compassed in this bill are in the best and Contracting Reform Act of 2001. I Mr. Speaker, I urge my colleagues to interest of beneficiaries, most impor- rise also to praise my colleagues on the support the bill. Medicare is the most tantly; also to providers and taxpayers, committee, the distinguished chairman socially successful and valuable pro- and I encourage my colleagues to sup- of the committee, the distinguished gram of this day. The program works port it. chairman of the subcommittee, and my for beneficiaries and providers alike, Mr. TAUZIN. Mr. Speaker, I am good friend, the gentleman from Ohio, but we must ensure that it continues pleased to yield 2 minutes to the gen- Mr. BROWN and others, including the to be a success. The Medicare Regu- tleman from Florida (Mr. BILIRAKIS), very fine staffs on both sides of the latory and Contracting Reform Act the distinguished chairman of the Sub- aisle that worked so hard. will do just that. committee on Health of the Committee The legislation is a product of bipar- More remains to be done, and I look on Energy and Commerce. tisan collaboration between two great forward to working with the same fine Mr. BILIRAKIS. Mr. Speaker, I too committees, the Committee on Energy colleagues that I did to bring this rise today in support of patients. The and Commerce and the Committee on about. The Medicare legislation that legislation before us is good for pa- Ways and Means, and also with seniors’ we have before us ensures that Medi- tients. By reducing regulatory burdens groups, providers, and others. This is a care fee for services will continue to and easing paperwork requirements, bill which is fair. It strikes a balance serve beneficiaries, and it will cause this legislation allows doctors to spend between addressing the program ad- further approval and satisfaction with more of their time providing health ministration concerns of beneficiaries one of our great legislative accomplish- care and less of their time wading and providers and ensuring integrity of ments, Medicare. through pages over rules and regula- the program itself. Mr. TAUZIN. Mr. Speaker, I yield 2 tions. This legislation makes a number of minutes to the gentleman from Penn- At the beginning of this session, the wise improvements in the Medicare sylvania (Mr. TOOMEY), the author of Committee on Energy and Commerce program. It gives the Centers for Medi- this legislation, who, together with the launched an ambitious bipartisan ini- care and Medicaid Services, CMS, addi- gentlewoman from Nevada (Ms. BERK- tiative to reform the Centers for Medi- tional flexibility with claims proc- LEY), put together 240 co-sponsors. care and Medicaid Services and to put essors. It also strengthens the inde- (Mr. TOOMEY asked and was given patients first. This initiative became pendent standards for appeals. It enti- permission to revise and extend his re- known as the ‘‘patients first’’ project. tles the beneficiaries and the reviewers marks.) Much of the legislation before us today to ensure independent appeals are real- Mr. TOOMEY. Mr. Speaker, I thank stems from the committee’s work on ly independent, are fair, and in fact the gentleman from Louisiana (Mr. this project, which was led by my col- take place. TAUZIN) for yielding me the time and league, the gentleman from Georgia I do wish again to commend my also thank the gentleman for recog- (Mr. NORWOOD). Foundational to this friend, the gentleman from Louisiana nizing my efforts in the area of Medi- work was the prior work of the gen- (Mr. TAUZIN), the gentleman from Flor- care regulatory reform and for inviting tleman from Pennsylvania (Mr. ida (Mr. BILIRAKIS), the staff at CMS, me to join in with the Committee on TOOMEY) and the gentlewoman from as well as my good friend the gen- Energy and Commerce in developing Nevada (Ms. BERKLEY). this terrific compromise legislation. The bill we will vote on today in- tleman from Ohio, for their work on this, and also our friends on the Com- Since my first term in Congress, I cludes many of the provisions of the have been working on Medicare regu- Medicare RACER Act, which was favor- mittee on Ways and Means and the ma- latory reform to help alleviate some of ably reported out of my Subcommittee jority and minority staff of both com- the burdens that the health care pro- on Health as well as the full Com- mittees for the work they have done. In addition to strengthening the re- viders carry when dealing with Medi- mittee on Energy and Commerce last care’s bureaucracy. We need to give month. It includes improvements fo- quirements for organizations that will health care providers due process cused on the Emergency Medical be reviewing appeals, we have im- rights so they are not treated like Treatment and Labor Act. Also in- proved upon notices that beneficiaries criminals when they make honest mis- cluded in the legislation is important receive when a service is denied, mak- takes. We need to make billing proce- language regarding advanced bene- ing this situation more user friendly dures easier for providers to under- ficiary notices. This language allows and understandable to beneficiaries physicians to find out whether a spe- who are most often in their later years. stand and comply with and reduce the cific physician service they are pro- More importantly, we have developed a huge volume of paperwork that staff viding will be covered by Medicare be- process where seniors can learn wheth- have to contend with. fore delivering the care. er or not a particular item and service This is important so health care pro- Mr. Speaker, I would like to thank is covered under Medicare before they viders can spend more time caring for all of the staff who put so much time are financially committed to that serv- their patients and less time dealing into this legislation, especially Erin ice, something which is not presently with bureaucracy. This bill addresses Kuhls, Julie Corcoran, Nandan the case and which creates immense these problems. It is a step in the right Kenkeremath, Pat Morriset, Anne hardship either by denying benefits or direction, but it is a modest step. We Esposito, Steve Tilton, Karen Folk, imposing unanticipated costs on senior need to do more. For instance, we need Amy Hall, and, of course, last but not citizens on fixed and limited incomes. profound Medicare reform. As long as least, Karen Taylor. Currently the only way a senior can we have a Medicare bureaucracy that H.R. 3391 is good for patients and pro- find out if Medicare covers an item or enumerates, regulates, and prices every viders alike, and I encourage my fellow a service is to potentially risk thou- conceivable medical procedure, we will colleagues to vote in favor of this legis- sands of his or her dollars by getting continue to have enormous costs and lation today. the service and then pray Medicare will inefficiencies in complying with these Mr. BROWN of Ohio. Mr. Speaker, I pay the claim. Obviously, this is un- staggering regulations. But we cannot yield 3 minutes to the gentleman from fair, and many seniors choose not to wait until we fully overhaul Medicare Michigan (Mr. DINGELL), the ranking get a service rather than take a chance to provide the significant regulatory Democrat on the Committee on Energy that Medicare will not cover it. This relief of this bill. and Commerce that was here and pre- legislation fixes this, a situation which Mr. Speaker, I thank my colleagues sided over this House when Medicare is clearly unjust. And while the provi- who made this bill possible: the gentle- was passed in 1965. sion as it stands now is limited only to woman from Nevada (Ms. BERKLEY), (Mr. DINGELL asked and was given physician service in order to meet scor- the gentlewoman from Connecticut permission to revise and extend his re- ing requirements, I hope, and I intend (Mrs. JOHNSON), the gentleman from marks.) that in the future we will give the California (Mr. STARK), the gentleman H8798 CONGRESSIONAL RECORD — HOUSE December 4, 2001 from California (Chairman THOMAS), commend it to all Members of this this is a first step. There is a tremen- the gentleman from New York (Mr. body, and I hope every Member will dous amount of work to be done. RANGEL), the gentleman from Michigan vote for this bill. No doubt the out- Mr. BROWN of Ohio. Mr. Speaker, I (Mr. DINGELL), the gentleman from come of this vote will be noted by the reserve the balance of my time. Florida (Mr. BILIRAKIS), and the gen- body across the way, and it is impor- Mr. TAUZIN. Mr. Speaker, I yield 1 tleman from Ohio (Mr. BROWN). tant that we vote for something that is minute to the gentleman from Iowa I also thank some staff members, needed so badly. (Mr. GANSKE). Gary Blank, formerly of my staff, Mr. Speaker, I thank the gentleman Mr. GANSKE. Mr. Speaker, I thank Kelly Weiss, currently with my staff, from Louisiana (Mr. TAUZIN) and the the gentleman for yielding me this and Pat Morrisey of the commerce gentleman from Florida (Mr. BILI- time. staff, in particular. RAKIS) and the gentleman from Michi- Mr. Speaker, there is a provision that Mr. Speaker, we take a big step for- gan (Mr. DINGELL) and the gentleman many have spoken of already that ac- ward today. I hope the same combina- from Ohio (Mr. BROWN). And a great tually was something that I brought up tion of the bipartisan group that deal of credit and thanks should go to and proved to be one of the more dif- worked on this bill can come back next the Committee on Ways and Means, es- ficult things to work out between the year and do more work for health care pecially to the gentlewoman from Con- two committees and that was on the providers and for their patients; but in necticut (Mrs. JOHNSON). On the com- predetermination of benefits. the meantime, I urge my colleagues to merce staff, I thank Pat Morrisey. He As a physician in the earlier 1990s pass H.R. 3391 and give the health care put up with a lot to get us here, and when I was taking care of Medicare pa- community some of the regulatory re- Erin Kuhls, Julie Corcoran, and tients, sometimes we would do a proce- lief that they need and deserve. Bridgett Taylor. They worked so hard dure where it might or might not be Mr. BROWN of Ohio. Mr. Speaker, I to get us to where we are today. considered medically necessary by yield 3 minutes to the gentleman from Many Members have mentioned the Medicare. All that we wanted was to Texas (Mr. GREEN). good things that are in this bill. There know whether Medicare would cover Mr. GREEN of Texas. Mr. Speaker, I are a lot of good things. I particularly this or not. So at that time the data rise today in support of the Medicare would like to highlight the benefit that could be gathered together, send in the Regulatory and Contracting Reform will be made available to patients for physical exam and tests, and Medicare Act. The legislation makes a number of them to actually know if Medicare will would give their opinion. Then they important changes to the way that cover a benefit that is a covered ben- stopped doing that. I think it scared a Medicare does business, and it comes efit. That is called preauthorization or lot of patients from not having medi- not a second too late. cally necessary procedures. For years we have been hearing from predetermination, and probably in the Mr. Speaker, that has been worked doctors and providers who complain end there is not much more in this bill out in this bill. I thank the members of that they are spending more time deal- that will be more important to the both committees and both parties for ing with Medicare paperwork than they quality of care for Medicare patients to working on this. I think this will be a are treating patients. They express actually get treated. big improvement for patients. frustration where simple mistakes es- But I note, as the gentlewoman from Mr. TAUZIN. Mr. Speaker, I yield calated into full-fledged investigations, Connecticut (Mrs. JOHNSON) has said, such time as he may consume to the where well-intentioned providers were that this is a first step. I hope we will gentleman from Indiana (Mr. BUYER). penalized and accused of defrauding the all recognize that, and I would like to Mr. BUYER. Mr. Speaker, I rise in system, and insufficient appeals proc- have a colloquy with the gentlewoman support of the Medicare Regulatory ess made it difficult for providers to from Connecticut (Mrs. JOHNSON) and and Contracting Reform Act. I would make their case. Many are ready to the gentleman from Florida (Mr. BILI- like to express my appreciation to the stop treating Medicare patients alto- RAKIS); and I will ask both the question gentleman from Louisiana (Mr. TAU- gether. at the same time. The Committee on Energy and Com- Although many good things have ZIN), the gentleman from Florida (Mr. merce passed legislation earlier this been done in this bill, this is a first BILIRAKIS), the gentlewoman from Con- year that addresses many of these step and I want to be part of working necticut (Mrs. JOHNSON), the gen- issues and would have made improve- these two committees together next tleman from Michigan (Mr. DINGELL), ments in the Medicare system. Work- year and I would like to hear from both and the gentleman from Ohio (Mr. ing with the Committee on Ways and Members. Can we plan to move forward BROWN) for their assistance in working Means, we were able to come up with a next year? on the concern of dentists who often consensus bill that addressed the prob- Mrs. JOHNSON of Connecticut. Mr. file Medicare claims even though the lem and makes the Medicare program Speaker, will the gentleman yield? dental services are not covered by more navigable for our Medicare pro- Mr. NORWOOD. I yield to the gentle- Medicare. viders. This legislation streamlines woman from Connecticut. The provision in the bill seeks to key Medicare processes so that pro- Mrs. JOHNSON of Connecticut. Mr. help reduce the paperwork burden on viders are not trapped in a maze of con- Speaker, I can guarantee the gen- dentists and expedite payment for serv- fusing regulations. tleman that we will work together next ices from appropriate sources of that It improves provider information and year. We learned a lot this year. We payment. In addition, I am grateful education so that doctors know who to solved some problems that we can un- that language can be worked out that call and what to do when they have derstand. We laid aside what we could will assist the medical device manufac- trouble with a claim. The legislation not understand. There is lots more turing community, enhancing the com- also reforms the contracting system by work to be done to make Medicare a munications and cooperation between giving the Secretary greater flexibility smart and efficient program. the Food and Drug Administration and in selecting contractors, assigning con- Mr. BILIRAKIS. Mr. Speaker, will the Centers for Medicare and Medicaid tractor functions, and permitting com- the gentleman yield? Services. This is an excellent bill, and petitive contracting. Mr. NORWOOD. I yield to the gen- I urge its passage. There are many significant changes tleman from Florida. Mr. CRANE. Mr. Speaker, I rise today in in the bill that will improve the Medi- Mr. BILIRAKIS. Mr. Speaker, as the support of the Medicare Regulatory and Con- care system for providers and bene- gentleman knows because he was in the tracting Reform Act of 2001. This bipartisan ficiaries alike, and I support the legis- room last week, I put my life on the legislation is the product of months of negotia- lation. I urge my colleagues to support line in terms of a question that was tions with the Center for Medicare and Med- this legislation. asked, and the gentleman from Lou- icaid Services (CMS), Medicare providers, Mr. TAUZIN. Mr. Speaker, I yield 2 isiana (Chairman TAUZIN) did, too; not beneficiaries, and the House Committees on minutes to the gentleman from Geor- the chairman’s life, my life, on the Ways and Means and Energy and Commerce. gia (Mr. NORWOOD). line. This legislation is a first step in ensuring Mr. NORWOOD. Mr. Speaker, I rise I will not go quite that far this time that the Medicare program delivers quality today in strong support of H.R. 3391. I around, but I feel very strongly that care to Medicare beneficiaries. Today, the December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8799 Medicare program has more that 110,000 Mr. SHADEGG. Mr. Speaker, I rise today to Committee as we merged the two committee pages of regulations governing it. This bill be- support the Medicare Regulatory and Con- bills. gins to finally address how to hold CMS ac- tracting Reform Act. Since I have been in Mr. UPTON. Mr. Speaker, on behalf of all of countable for its regulations and the costs they Congress, I have constantly heard from hos- the physicians and other health professionals impose. pitals and physicians about the guessing in my District who provide care to Medicare The Medicare Regulatory and Contracting game they must play in order to be compliant beneficiaries and on behalf of the beneficiaries Reform Act creates a more collaborative, less with Medicare regulations. The paperwork that themselves, I rise to express my strong sup- confrontational relationship between providers providers must complete both for private insur- port for H.R. 3391, the Medicare Regulatory and CMS. It takes steps to decrease the ance and for Medicare is overwhelming them. and Contracting Reform Act of 2001. I am amount of complex and technical paperwork Where twenty years ago, it was uncommon to honored to be an original cosponsor of this bi- that is currently required so that providers will have more than one administrative person partisan, common-sense bill that will provide be able to spend more time delivering care to working in a physician’s office, today it seems much-needed regulatory relief and greater pro- patients rather than filling out and filing federal to be the norm to have multiple employees gram fairness, clarity, and transparency. forms. Finally, H.R. 3391 streamlines the regu- handling claims. Like a punch-drunk fighter, From what I have been hearing for years latory process, enhances education and tech- our nation’s health care providers are dizzy now in my meetings with Medicare bene- nical assistance for Medicare providers. from the barrage of notices, guidance, and ficiaries and health care providers across my I was also pleased to see inclusion of a pro- issuances from Medicare describing ever- District, the current program is simply not vision to prohibit group health plans from re- changing policies and regulations. Worse yet, working well. Beneficiaries and health profes- quiring a Medicare claims determination for many of these providers approach the billing sionals often don’t know if services will be dental benefits that are specifically excluded process with trepidation. Fearful that they may covered, leading some beneficiaries to forgo from Medicare coverage as a condition of be audited or have payments withheld, many needed care. It can take months—and making a determination for coverage under physicians downcode so as to reduce their po- mounds of paperwork—just to get paid for the group health plan. This requirement to me tential exposure even though they legitimately health care services. I’ve seen the inch-thick does not serve any purpose other than the fil- deserve reimbursement for a higher code. paperwork that can be required just to docu- ing of needless paperwork and further delay Moreover, a simple, honest mistake, providers ment one claim. payment to the dental provider. This provision fear, will result in harsh penalties and send Doctors and other health professionals feel ensures that dentists do not have to submit them into a regulatory spiral, thus taking them that they are practicing with a sword over their claims to the Medicare program (and thus en- away from their patients. This is one of the heads. The rules and regulations are so com- roll in the Medicare program) when the serv- reasons I was a cosponsor of the Medicare plex that the Medicare intermediaries and car- ices they are providing are clearly those that Education and Regulatory Fairness Act and riers all too often give conflicting advice and are categorically excluded from coverage. support the bill on the floor today. H.R. 3391 guidance. Regulations and guidance change I urge my colleagues to join me in support provides important reforms of the Medicare so frequently that it is difficult to know what of this legislation. system to streamline Medicare’s regulatory the rules are at any one time, and what they Mrs. CHRISTENSEN. Mr. Speaker, I rise in process, ease paperwork burdens, and im- will be tomorrow. Making a simple mistake in support of H.R. 3391, the Medicare Regulatory prove Medicare’s responsiveness to bene- coding or misunderstanding a program re- and Contracting Reform Act. As a physician in ficiaries and health care providers. quirement, health professionals fear, could private practice for more than 20 years, I I am particularly pleased that H.R. 3391 in- well open to a fraud charge. If a claim is de- wholeheartedly applaud the work of the Ways cludes provisions aimed at improving the func- nied, it can take several years to go through and Means Committee and the Energy and tioning of the Emergency Medical Treatment the current process for appealing that denial. Commerce Committee in moving legislation and Active Labor Act, better known as Doctors are so frustrated with the program which lifts many of the burdens placed on phy- EMTALA. While a well-intended provision to that they are retiring early, and some bene- sicians by the Medicare program and allow us ensure that patients coming to hospital emer- to put our patients first. ficiaries are having a hard time finding doctors gency departments are not shipped from hos- Mr. Speaker, I can’t tell you the number of willing to take them as patients once they turn pital to hospital or ‘‘dumped,’’ EMTALA is now times over the four and a half years that I 65. have been a member of this body that I have serving as an impediment to hospital emer- The Medicare Regulatory and Contracting heard horror stories from providers in my dis- gency department access, the exact opposite Reform Act will give the Centers for Medicare trict regarding the cumbersome and burden- of what the original legislation was intended to and Medicaid Services the direction and flexi- some Medicare billing process. They only do. The provisions I included at the Full Com- bility needed to streamline the regulatory and serve to remind me of my personal experience mittee markup include recreating the EMTALA contracting processes. It will provide strong in- in over 21 years of practice. Whether it is task force, something suggested not only in centives for intermediaries and carriers to be undue delays in receiving payments or repeat- the January 2001 Inspector General’s report, responsive to beneficiaries and health profes- edly questioning information that was already but also in the June 2001 GAO report. Physi- sionals. It will provide additional resources for provided, the current Medicare system treats cians and providers are crying out for clarifica- provider education. One provision that could physicians as suspects and requires that we tion and guidance on how to comply with the be particularly helpful for both beneficiaries spend nearly half of our time on needless myriad, confusing EMTALA regulations and and providers will test the effectiveness of paper work. It further makes hard working pro- this task force will be charged to work syner- placing Medicare experts in local Social Secu- viders the first targets for fee reductions, repu- gistically to make the regulations manageable. rity offices so that questions and concerns can diating their long years of training and hard In addition, the bill on the floor today imple- be addressed in a timely, accurate way. And work. ments another suggestion from the Inspector when disputes do arise, Administrative Law I applaud the authors of this legislation, General, mandatory peer review organization. Judges specifically trained in Medicare law Congresswoman NANCY JOHNSON and PETE Under current law, a peer review organization and regulation will hear the cases. STARK of the Ways and Means Committee, as must review any EMTALA deficiency or viola- These are just a few of the reforms in this well as Representatives BILIRAKIS, SHERROD tion involving medical treatment before a civil comprehensive, much-needed bill. BROWN, BILLY TAUZIN and my friend JOHN DIN- monetary penalty can be levied, but the same Mr. BENTSEN. Mr. Speaker, I rise today in GELL for their support of doctors and the pa- does not apply to those providers facing re- strong support of the Medicare Regulatory and tients that they serve. Indeed, Mr. Speaker, no moval from the Medicare program. The Medi- Contracting Reform Act (H.R. 3391), legisla- less than the General Accounting Office docu- care Regulatory and Contracting Reform Act tion which would reform our Medicare regu- mented the statements that I can personally will restore equity by requiring PRO review in latory and contracting system. For too long, attest to regarding the difficulties of dealing the Medicare conditions of participation. Last, Medicare providers have encountered prob- with the Medicare program, pointing out that the bill will require the Centers for Medicare lems in resolving claims under the Medicare Medicare is a complicated program requiring and Medicaid Services to notify providers di- program. Today, many Medicare providers endless directives and long explanations and rectly when an EMTALA investigation is submit claims to their Medicare contractor who articles which are necessary to explain facet closed. do not provide timely resolution for these after facet. Mr. Speaker, these are important provisions claims. In addition, many Medicare providers I urge my colleagues to support this badly to address a complex situation—emergency face lengthy appeals which result in delayed needed bill which is but a first step in address- department overcrowding—and I thank Chair- reimbursements. This legislation would not ing what are myriad problems with this impor- man TAUZIN for working with me in Committee only provide necessary regulatory relief to tant health insurance program. as well as members of the Ways and Means Medicare providers, but it would also ensure H8800 CONGRESSIONAL RECORD — HOUSE December 4, 2001 that Medicare contracts are competitively bid Contracting Reform Act of 2001. This bill is ries can potentially be prevented by the use of so that taxpayers are paying the lowest price the result of months of collaborative efforts be- safer medical devices. However, needlestick for these services. tween Democrats and Republicans, between injuries and other sharps-related injuries, that In order to help with better compliance by the ways and means and the Energy and result in occupational blood-borne pathogens Medicare providers, this legislation would re- Commerce Committees. In other words, it was exposure, continue to be an important public quire that Medicare regulations should be pro- developed the way that responsible Medicare health concern. mulgated only once a month. This bill requires legislation should be-in a bipartisan and delib- H.R. 3391, The Medicare Regulatory Re- the Department of Health and Human Serv- erative manner. ices (HHS) to develop time lines for Center for For too long, Congress has ignored the form Act of 2001, includes a provision that will Medicare and Medicaid Services (CMS) rules. valid concerns of one of Medicare’s most im- reduce needlestick injuries. This provision re- As a result, Medicare providers would know portant assets—its health care providers. By quires public hospitals, not otherwise covered when to expect changes in the Medicare sys- easing regulatory burdens on physicians and by the OSHA rules, to meet the administra- tem and would be able to plan for such allied health professionals, and by modifying tion’s standards which require employers to changes. This measure prohibits regulations the provider appeals process, this legislation implement the use of safety-designed needles from being applied retroactively and requires speaks to some of the foremost concerns that and sharps. The requirements will be estab- that any substantive change in regulations have been brought to Congress by the dedi- lished under Medicare statute and enforced from being applied retroactively and requires cated health care professionals who partici- through monetary fines similar to fines under that any substantive change in regulations pate in the Medicare program. OSHA. Violations would not cause hospitals to should not become effective until 30 days after This bill also provides important patient pro- lose Medicare their eligibility. the change has been announced. The bill also tections for beneficiaries—it guarantees them I also would like to take this opportunity to protects providers by ensuring that they can- access to a truly independent external review thank Subcommittee Chairwoman NANCY not be sanctioned if they followed written guid- process; it improves the advance beneficiary JOHNSON for not only including this provision ance provide by HHS or by a contractor. Pro- notice (ABN) process so that seniors may to reduce needlestick injuries in the Medicare viders would also be eligible to call a new know in advance of receiving care whether the regulatory reform bill, but also for her many Medicare Ombudsman to assist Medicare pro- services will be reimbursed by Medicare; and years of hard work on this issue. She has long viders with advice about Medicare regulations it establishes a Beneficiary Ombudsman to as- been a champion of requiring public hospitals and rules. sist seniors in navigating the Medicare pro- to use safety-designed needles and sharps. I To ensure that contractors are more ac- gram. was pleased to join her and Mr. STARK in this countable to Medicare providers, this bill en- As the Medicare+Choice program enters its important effort. courages HHS to competitively bid contracts fifth year, and enrollees across the country are for Medicare claims. This new procedure witnessing their benefits reduced and their We have the technology to provide better would eliminate the current system where premiums increased, this bill contains an im- protections for our healthcare workers. A vote health care providers can nominate entities to portant beneficiary protection. It delays by one in favor of this legislation ensures that hos- become Medicare contractors. We should year the implementation of the enrollee ‘‘lock- pitals are using state-of-the-art equipment eliminate this conflict of interest and would en- in’’ period, which will enable many seniors to while significantly reducing the risk to sure that taxpayers receive the best value for move between HMOs as efforts are made to healthcare workers. this program. stabilize this program. Mr. KLECZKA. Mr. Speaker, I am pleased This bill allows providers to seek a hardship The 1997 Balanced Budget Act imposed that the House of Representatives is consid- designation if they have received overpay- $1500 caps on physical, speech-language, ering the Medicare Regulatory and Contractor ments. Under this program, Medicare pro- and occupational therapy. I have long sup- Reform Act of 2001 (H.R. 3391) on the sus- viders and suppliers could request to make re- ported replacing these caps with a rational pension calendar today. payments over a period of six months to three payment mechanism. Congress has acted years if their obligation exceeds 10 percent of each year to delay these caps, which discrimi- This important, bipartisan legislation will ad- their annual payments from Medicare. In ex- nate against the most frail beneficiaries. How- dress the very real and practical regulatory treme circumstances, Medicare providers ever, it is a waste of energy and resources for concerns health care providers, contractors, could apply for a five-year repayment sched- providers to return to Congress annually to and beneficiaries are currently facing with the ule. Many medical small businesses which de- seek a one-year moratorium on these caps. Medicare program. H.R. 3391 helps providers pend on Medicare for payments have re- Medicare should implement a rational payment and beneficiaries better understand the com- quested this flexibility so that they continue to system that provides seniors with the level of plexities of Medicare, while at the same time provide services to Medicare beneficiaries. care they need. We passed a law requiring protecting the Federal Claims Act and main- This measure also includes several provi- the Secretary of Health and Human Services taining strong efforts to eliminate waste, fraud sions related to physician payment fees. to establish a mechanism for assuring appro- and abuse. It is my hope that this legislation Under current law, these Medicare physician priate use of services and to study use of will allow providers to focus their attention on fees will be reduced by 5.9 percent effective these services by last June. This bill directs patients, and not bureaucracy. January 1, 2001. For many physicians, this the Secretary to produce these overdue re- Of particular importance to me was the in- significant drop in Medicare payments will im- ports so that Congress can enact sound reim- clusion of language I offered during the Ways pose a financial burden and may result in bursement policy for outpatient therapy. and Means Health Subcommittee markup that fewer physicians being willing to participate in Mr. Speaker, H.R. 3391 is a shining exam- would establish a new Medicare Beneficiary this program. This bill requires the General ple of how Congress can act to greatly im- Ombudsman. H.R. 2768, as originally intro- Accounting Office (GAO) to report of Congress prove the Medicare program for beneficiaries duced by the Ways and Means Committee, on the conversion factor used to calculate and providers. I am pleased to be an original had included language requiring the U.S. De- physician payments and to make rec- cosponsor of this legislation and I urge my col- partment of Health and Human Services ommendations on how to reform it within 12 leagues to support it this evening. (HHS) Secretary to appoint a Medicare Pro- months. This GAO report would also examine Mr. ENGLISH. Mr. Speaker, I rise in strong vider Ombudsman to provide confidential as- whether the current sustainable growth for- support of H.R. 3391, The Medicare Regu- sistance to physicians and practitioners re- mula for physician fees should be reformed I latory Reform Act of 2001. I urge my col- garding complaints and grievances. I believed have been contacted by many physicians in leagues to vote in favor of this important legis- this point-of-contact should be extended to my district who would be adversely impacted lation. Medicare beneficiaries, who also have com- The Occupational Safety and Health Admin- by this new fee schedule and I am committed plex questions and receive conflicting guid- istration (OSHA) estimates that each year 5.6 to working to change these payments in a ance. I am pleased that my suggestion to cre- million workers in the health care industry are timely manner so that Medicare payments ate a comparable Beneficiary Ombudsman to exposed to blood-borne diseases because of more accurately reflect the true cost of pro- serve as a voice for beneficiaries within the needlesticks. OSHA studies have shown that viding care for Medicare patients. Centers of Medicare and Medicaid Services As the representative for the Texas Medical nurses sustain the majority of these injuries (CMS) was included. This provision should en- Center, where many Medicare providers work, and that as many as one-third of all sharps in- able the Agency to better anticipate and ad- I urge my colleagues to support H.R. 3391 juries have been reported to be related to the dress beneficiary needs. that will reform the Medicare program. disposal process. Mr. CARDIN. Mr. Speaker, I rise today in In addition, the Centers for Disease Control Furthermore, I requested language in Title II strong support of the Medicare Regulatory and estimates that 62 to 88 percent of sharps inju- of the Act that would eliminate the provider December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8801 nomination provisions for contracting pur- ‘‘(A) the name, address, and TIN of any rise in family income. Some students poses. This provision effectively waives the individual— balance their class work with part- prime contracts that the Centers of Medicare ‘‘(i) who is or has been enrolled at the in- time jobs, others rely on financial aid stitution and with respect to whom trans- packages or scholarships. This body, and Medicaid Services (CMS) currently has actions described in subparagraph (B) are with national organizations and permits CMS made during the calendar year, or Mr. Speaker, has attempted in the past to contract directly with entities during the ‘‘(ii) with respect to whom payments de- to ease the financial burden. Back in transition period prior to the October 1, 2003 scribed in subsection (a)(2) or (a)(3) were 1997 Congress passed and former Presi- effective date without regard to competitive made or received,’’. dent Clinton signed into law the Tax- bidding procedures. (3) Paragraph (2) of section 6050S(b) of such payer Relief Act of 1997. This legisla- I would like to express my sincere apprecia- Code is amended by striking subparagraph tion created the Hope Tax Credit as tion to both Ways and Means Health Sub- (B) and redesignating subparagraphs (C) and well as the Lifetime Learning Tax (D) as subparagraphs (B) and (C), respec- committee Chairwoman JOHNSON and Ranking Credit to help families afford the cost tively. Member STARK, and their respective staffs, for (4) Subparagraph (B) of section 6050S(b)(2) of sending a child to college. being so accommodating and working together of such Code, as redesignated by paragraph Since then we have built on our to create responsible, well-targeted regulatory (3), is amended to read as follows: work. We have added to the success of legislation. ‘‘(B) the— the 1997 bill. We have expanded edu- I urge my colleagues to support H.R. 3391, ‘‘(i) aggregate amount of payments re- cation savings account. We have made and I hope the Senate will work quickly to ceived or the aggregate amount billed for prepaid tuition plans more attractive, pass this legislation prior to the end of this qualified tuition and related expenses with and we have expanded the student loan Congressional Session. respect to the individual described in sub- interest deduction. Mr. BROWN of Ohio. Mr. Speaker, I paragraph (A) during the calendar year, When the merits of the Hope Credit ‘‘(ii) aggregate amount of grants received yield back the balance of my time. by such individual for payment of costs of and the Lifetime Learning Credit were Mr. TAUZIN. Mr. Speaker, I yield attendance that are administered and proc- being considered back in 1997, the po- back the balance of my time. essed by the institution during such calendar tential compliance costs for colleges The SPEAKER pro tempore (Mr. year, and universities were raised as a poten- CULBERSON). The question is on the mo- ‘‘(iii) amount of any adjustments to the ag- tial drawback. In fact, I recall and tion offered by the gentlewoman from gregate amounts reported by the institution probably the gentleman from Maryland Connecticut (Mrs. JOHNSON) that the pursuant to clause (i) or (ii) with respect to (Mr. CARDIN) may recall the particular House suspend the rules and pass the such individual for a prior calendar year, hearing we had in front of the Com- ‘‘(iv) aggregate amount of reimbursements bill, H.R. 3391. mittee on Ways and Means and the The question was taken. or refunds (or similar amounts) paid to such individual during the calendar year by a per- former Treasury Secretary was appear- The SPEAKER pro tempore. In the son engaged in a trade or business described ing before us, and I asked Mr. Rubin opinion of the Chair, two-thirds of in subsection (a)(2), and about the compliance cost. We had those present have voted in the affirm- ‘‘(v) aggregate amount of interest received been alerted to some potential substan- ative. for the calendar year from such individual, tial administrative burdens that col- Mr. TAUZIN. Mr. Speaker, on that I and’’. leges and universities were going to demand the yeas and nays. (c) CONFORMING AMENDMENTS.—Subsection have to undertake, even while imple- (d) of section 6050S of such Code is The yeas and nays were ordered. menting this worthwhile legislation. I The SPEAKER pro tempore. Pursu- amended— recall the answer that Mr. Rubin gave; ant to clause 8 of rule XX and the (1) by striking ‘‘or (B)’’, and he felt it would be a small, insignifi- Chair’s prior announcement, further (2) in paragraph (2), by striking ‘‘subpara- graph (C)’’ and inserting ‘‘subparagraph (B)’’. cant cost. proceedings on this motion will be (d) EFFECTIVE DATE.—The amendments postponed. made by this section shall apply to expenses b 1745 f paid or assessed after December 31, 2002 (in In fact, I think he said it would be taxable years ending after such date), for AMENDING INTERNAL REVENUE the cost of a pencil and a piece of education furnished in academic periods be- paper. Well, as C-SPAN was covering CODE TO SIMPLIFY REPORTING ginning after such date. REQUIREMENTS that hearing live that day, the phone The SPEAKER pro tempore. Pursu- lines in our congressional office began Mr. HULSHOF. Mr. Speaker, I move ant to the rule, the gentleman from to light up as school administrators to suspend the rules and pass the bill Missouri (Mr. HULSHOF) and the gen- from around the country began to call, (H.R. 3346) to amend the Internal Rev- tleman from Maryland (Mr. CARDIN) again with this concern about this bur- enue Code of 1986 to simplify the re- each will control 20 minutes. den, this compliance cost that they porting requirements relating to high- The Chair recognizes the gentleman would have to undertake if, in fact, we er education tuition and related ex- from Missouri (Mr. HULSHOF). enacted the HOPE scholarship or the penses. GENERAL LEAVE HOPE tax credit, as well as the life- The Clerk read as follows: Mr. HULSHOF. Mr. Speaker, I ask time learning credit and, unfortu- H.R. 3346 unanimous consent that all Members nately, their premonition has been Be it enacted by the Senate and House of Rep- may have 5 legislative days within borne out. It has been clear that our resentatives of the United States of America in which to revise and extend their re- Nation’s institutions of higher learning Congress assembled, marks and include extraneous material have faced significant increased admin- SECTION 1. SIMPLIFICATION OF REPORTING RE- QUIREMENTS RELATING TO HIGHER on H.R. 3346. istrative burdens, which brings us EDUCATION TUITION AND RELATED The SPEAKER pro tempore. Is there today. EXPENSES. objection to the request of the gen- The bill before us, H.R. 3346 that has (a) AMENDMENT RELATING TO PERSONS RE- tleman from Missouri? been introduced by the gentleman from QUIRED TO MAKE RETURN.—Paragraph (1) of There was no objection. Illinois (Mr. MANZULLO), accomplishes section 6050S(a) of the Internal Revenue Code Mr. HULSHOF. Mr. Speaker, I yield the goal of reducing administrative of 1986 (relating to returns relating to higher education tuition and related expenses) is myself such time as I may consume. burdens on schools, while retaining the amended to read as follows: Mr. Speaker, education is the great integrity of the HOPE and lifetime ‘‘(1) which is an eligible educational insti- equalizer, and getting a college edu- learning credits. We accomplish this by tution which enrolls any individual for any cation remains a part of the American modifying how tuition amounts are re- academic period;’’. dream. Yet affording that education at ported and also eliminating an (b) AMENDMENTS RELATING TO FORM AND an institution of higher learning can be unneeded reporting requirement in cur- MANNER OF RETURNS.—Subsection (b) of sec- a nightmare for a prospective student rent law that colleges and universities tion 6050S of such Code is amended as fol- or that student’s family. provide the Internal Revenue Service lows: (1) Paragraph (1) is amended by inserting According to a 1997 GAO report, since with the name, address, and taxpayer ‘‘and’’ after the comma at the end. the early 1980s college tuition has in- identification number of taxpayers who (2) Subparagraph (A) of paragraph (2) is creased by 234 percent, which of course could claim students attending the amended to read as follows: far outpaces the cost of living or any school as dependents. While these H8802 CONGRESSIONAL RECORD — HOUSE December 4, 2001 changes may seem minor, I can assure can match that, rather than requiring the IRS to simplify the reporting re- my colleagues that they will greatly a reporting number of the person who quirements and ease the burden of the reduce the administrative burdens on claims the child, adding to the com- regulations on the colleges and univer- our colleges and universities. I urge plexity again, and adding to informa- sities of this country. Today, I am this body to be supportive of H.R. 3346. tion that is not readily available by proud to say that H.R. 3346 is the prod- Mr. Speaker, I reserve the balance of the college and university that is re- uct of a partnership that evolved be- my time. porting the information to the govern- tween the IRS, the Treasury Depart- Mr. CARDIN. Mr. Speaker, I yield ment. ment, the higher education commu- myself such time as I may consume. So the changes that are made in the nity, and myself, and this can serve as First let me thank the gentleman legislation are common sense. They a model for how we can positively im- from Missouri (Mr. HULSHOF) for bring- make it easier for the colleges and uni- pact higher education in the future by ing forward this legislation. I agree versities to comply with reporting re- working together. with him that this is an important bill quirements. It does not add to the po- Specifically, while H.R. 3346 main- that helps us move forward on making tential abuse of tax law and it makes it tains the reporting requirement, the it easier for families to afford college easier for the law that Congress passed bill eliminates certain elements of the education and reducing the administra- in 1997 to be utilized by American fami- law such as reporting a third party’s tive burden of tax laws. I also want to lies. It is a bipartisan bill. It is a bill Social Security number, and changes congratulate the gentleman from Illi- that I hope every Member of this body others, such as allowing schools to re- nois (Mr. MANZULLO) for bringing for- will support. port the amount students are billed or ward this bill. It is his legislation. I Mr. Speaker, I reserve the balance of the amount they are paid. It is my thank him for putting together a sen- my time. hope that the simplifications insti- sible bill that will reduce the costs of Mr. HULSHOF. Mr. Speaker, I yield tuted as part of H.R. 3346 will make the compliance without raising the level of such time as he may consume to the reporting significantly easier on col- potential abuse. That is what we all gentleman from Illinois (Mr. MAN- leges and universities. try to do. ZULLO), the author and original sponsor Early estimates from Northern Illi- First, Mr. Speaker, this bill makes it of this legislation. nois University predict that as a result easier for families to be able to have Mr. MANZULLO. Mr. Speaker, of the of the passage of this bill, this school the HOPE scholarship and lifetime many Federal regulations with which could avoid a one-time cost of approxi- learning tax credit which this body, colleges and universities are required mately $90,000. This includes the costs this Congress, passed in 1997, that al- to comply, one of the most onerous is of program computer systems to ac- lows up to a $1,500 tax credit for higher that associated with the HOPE scholar- commodate requirements included in education expenses. The gentleman ship and lifetime learning tax credit. the original legislation that are not in- from Missouri (Mr. HULSHOF) is cor- Originally enacted as part of the Tax- cluded in the pending legislation, as rect. Education is a very important payer Relief Act of 1997, the tax credits well as what it would cost initially to part of the American dream. We want were intended to give parents back implement Social Security number re- to make it easier for American families more of their hard-earned money, up to porting of the taxpayer claiming the to afford higher education. We want all $1,500 for the first 2 years of college, so student as a dependent. Americans who can benefit from higher that they could better afford to send Additionally, the university would education to be able to afford higher their children to school. have incurred ongoing costs on an an- education for their children, and the While we were successful in providing nual basis for solicitation and data HOPE scholarship and lifetime learn- this tax relief for students and fami- entry of the student-reported informa- ing tax credit carries out that commit- lies, we discovered an unintended con- tion, and those costs are estimated at ment. sequence: an unfunded mandate bur- $30,000 a year. The University of Cali- Mr. Speaker, many times Congress, dening colleges, trade schools, commu- fornia’s system expects to save $1 mil- in well-intended legislation, causes nity colleges, and universities in the lion in the first year alone as a result burdens to the private sector that are form of a reporting requirement ad- of H.R. 3346. Overall, the savings the not really necessary. We are well in- ministered by the IRS. schools will attain as a result of this tended in what we think is necessary in I became aware of this regulatory legislation are very significant. When order for compliance. I remember issue during the fall of 1997. I was dis- we consider that most institutions of working with the gentleman from Cin- cussing several concerns with Dr. La higher education would incur costs of cinnati, Ohio (Mr. PORTMAN), on IRS Tourette, president of Northern Illinois similar proportion, the impact is par- reform, and one of our principal objec- University. While talking about the ticularly traumatic. tives was to make the Tax Code easier merits of the HOPE scholarship, he I would be remiss if I did not take a to understand and to make it simpler dropped the bombshell on me and in- moment to heartily thank Commis- for people to comply with the laws that formed us of the new Federal require- sioner Rossotti with whom we met on we passed. This bill does that. This bill ments forcing all 6,000 institutions of no less than three different occasions makes it easier for compliance. higher education in this country to col- in order to fashion this legislation. I The first part on reporting, the cur- lect unprecedented information on also want to thank Curt Wilson and rent law makes it difficult for some their students and disseminate that in- Beverly Babers of the staff. I would colleges to be able to report the dollar formation to the IRS. like to thank Northern Illinois Univer- amount that is impacted by the credit. I knew compliance with the reporting sity, both former president Dr. La We make it a little bit easier by allow- requirement would be expansive and Tourette and current president Dr. ing the college to report the amount of expensive and would ultimately be John Peters and Kathe Shineham from expenses or the amount that is paid. It borne by the very families that they the school for their insights and efforts is a simple change, but it allows a lot were trying to help with the HOPE as we have worked to craft this legisla- of colleges to allow their current com- scholarship program. Both large and tion. This bill is a memorial to Dr. puter program to be adequate to deal small institutions have been hit hard Ruth Mercedes-Smith, former presi- with the reporting needs of the Federal by the reporting requirement. The cost dent of Highland Community College, Government, rather than requiring to schools to implement and abide by who was killed in a car accident sev- them to change their entire system in these regulations will soar into the eral months ago. Her support for our order to meet the needs of the tax cred- hundreds of millions of dollars. And, of work was invaluable. Also, Dr. it. That is common sense. course, they will be passed on to the Chapdelaine of Rock Valley Commu- The second is the reporting of the consumers of education, which are the nity College and Dr. LaVista of taxpayer identification number. We al- parents and the students. McHenry Community College, and the ready have the taxpayer identification Since my conversation with Dr. La National Association of Colleges and number of the student, and that is all Tourette, I have worked with members Universities Business Offices. All of we really need because we can match of the higher education community and these groups worked tirelessly together that, and the IRS has indicated they with Commissioner Charles Rossotti of in order to craft the legislation. It took December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8803 us 4 years to do it. During that period I might just say, for all of us who tleman from Illinois (Mr. MANZULLO) of time, the IRS worked with us, they serve on the Committee on Ways and has pointed out, this part of the code in withheld the implementation of these Means, that it is always a pleasure for a taxpayer-friendly way. If we look at regulations because they knew that the us to be able to come to the floor and the 1098–T form and 8863 form, I think goal was worthy. Lastly, I want to talk about the idea that we are simpli- we will find both of those forms are thank Sarah Giddens of our staff who, fying, and not adding to, the tax codes easy for the taxpayer to use. for 4 years, tirelessly worked on this in this country. They worked with us to modify the legislation, dogging it dot by dot, i by I think it is something that the law in regard to the unnecessary bur- i, in the hundreds of meetings, lit- American people want us to be doing, den upon the institutions of higher erally, that she had and the hours that have suggested that we do; and as we education. As a result, we have had, I she poured into this piece of legisla- can see, as we work in a bipartisan think, the right spirit in simplifying tion. manner, in fact we can provide not the Tax Code to carry out the purposes Mr. Speaker, it is a great piece of only the dream for our students and to of Congress. legislation. Instead of spending money help our universities, but we can also This legislation is important legisla- on regulatory compliance, the schools help the taxpayers of this country. So tion, and I urge my colleagues to sup- can spend that money doing what they we thank the gentleman for his leader- port it. do best, and that is educating the kids. ship. Mr. HULSHOF. Madam Speaker, I Mr. CARDIN. Mr. Speaker, it is my Mr. HULSHOF. Mr. Speaker, I yield urge adoption of H.R. 3346, and I yield pleasure to yield 5 minutes to the gen- myself such time as I may consume. back the balance of my time. tlewoman from Florida (Mrs. THUR- Mr. Speaker, I have a few concluding Mr. CARDIN. Madam Speaker, I yield MAN), a distinguished member of the remarks. back the balance of my time. Committee on Ways and Means. First, I want to amplify a point that The SPEAKER pro tempore (Mrs. Mrs. THURMAN. Mr. Speaker, I my friend, the gentleman from Mary- BIGGERT). The question is on the mo- thank the gentleman for yielding me land (Mr. CARDIN), made regarding the tion offered by the gentleman from Illi- this time, who may have to watch my situation regarding the computer sys- nois (Mr. MANZULLO) that the House university play in the Orange Bowl. We tems. suspend the rules and pass the bill, were just discussing that over here. The point is that as educational in- H.R. 3346. But I want to say to the gentleman stitutions begin to raise some concerns The question was taken; and (two- from Illinois (Mr. MANZULLO) how wel- that these new reporting requirements thirds having voted in favor thereof) come this piece of legislation is. I do would require their schools to com- the rules were suspended and the bill not know if my colleagues are reading pletely revamp their computer systems was passed. what is happening in Florida right at a substantial cost, these institutions A motion to reconsider was laid on now, but the legislature is in a special noted that complying with the law’s the table. session specifically for the purpose of requirement to report tuition pay- f cutting their budgets. The headline ments received would be difficult, and GERALD B.H. SOLOMON SARATOGA news in Florida is that the State uni- that because schools keep a running NATIONAL CEMETERY total of the payments that they receive versities were hit with cuts in excess of Mr. SMITH of New Jersey. Madam $100 million, while community colleges from students, in other words, pay- ments are not applied separately to Speaker, I move to suspend the rules must deal with $33 million. and pass the bill (H.R. 3392) to name As the gentleman from Missouri (Mr. tuition, but instead are applied to a the national cemetery in Saratoga, HULSHOF) has said, one of the things student’s total outstanding balance New York, as the Gerald B.H. Solomon that makes our country great is the that may include room and board, Saratoga National Cemetery, and for ability for us to have an educated pop- books, student fees for recreational ac- tivities, or other costs, and, moreover, other purposes. ulation. What we did in 1997 in pro- The Clerk read as follows: viding the $1,500 tax credit for the payments are not applied to any par- H.R. 3392 HOPE scholarship and the lifetime ticular academic year. As a result, these institutions would have had to Be it enacted by the Senate and House of Rep- learning tax credits I was hoping would resentatives of the United States of America in not be taken away from by the admin- change their accounting and computer Congress assembled, istrative nightmares that they might systems dramatically to make them SECTION 1. FINDINGS. be facing, as my colleagues can imag- compatible with reporting require- The Congress finds the following: ine, also based on the numbers that we ments. We have undertaken, instead, a (1) Gerald Brooks Hunt ‘‘Jerry’’ Solomon heard of the increased tuition. I do not change in those reporting requirements of Glens Falls, New York, served in the know where those monies are going to so those colleges and universities will House of Representatives for 10 terms, from come from when they cut them, but not have to undertake that substantial January 3, 1979, to January 3, 1999, and dur- certainly we did not want them to have cost. ing that service gained a reputation for As a final comment, I would just ad- being outspoken and tenacious in presenting to be raised in tuition. With the gentle- his views on a wide range of issues. man’s help, we are going to be able to vise my colleagues that in the 1999 cal- (2) Congressman Solomon was born in see this $1,500 and the bureaucracy cut endar year, the Hope scholarship credit Okeechobee, Florida, and grew up there dur- so that our universities and our com- was claimed by 3,334,000 students; the ing the Great Depression before moving to munity colleges are not going to have lifetime learning tax credit was New York in 1945. to be hiring new staff and setting up claimed for 3,575,000 college students. (3) Congressman Solomon enlisted in the new computer programs, so this might Clearly, the work we have done here United States Marine Corps at the onset of help them in looking at their overall in Congress back in 1997 has taken a the Korean War and served in the Marine Corps for 81⁄2 years on active and reserve budgets if we get this passed and large step forward as far as making higher education more affordable. I duty. through over in the Senate. (4) Before being elected to Congress in 1978, think we are taking an additional step b 1800 Congressman Solomon was a businessman in forward for the administrators of these Glens Falls, New York. I just want to say that, in conclusion, colleges and universities by reducing (5) During his 20-year congressional career, because of the work and the people their burden. Congressman Solomon served as the ranking that the gentleman has recognized, Mr. CARDIN. Madam Speaker, I yield Republican on the Committee on Veterans’ this is a work that the higher edu- myself the balance of my time. Affairs, where he was recognized by the vet- cation community has asked for. They Madam Speaker, let me just concur erans community as one of its strongest ad- have asked for the greater flexibility in with my friend, the gentleman from vocates. Among his other accomplishments reporting information to the IRS about for veterans, Congressman Solomon spear- Missouri (Mr. HULSHOF). headed the effort to create the Cabinet-level the education tax credits. I believe Also, I would like to compliment the Department of Veterans Affairs and success- that H.R. 3346 provides that requested Internal Revenue Service. We do not fully led a 15-year drive to establish the flexibility through the simplification often say that. But they have worked Saratoga National Cemetery in Saratoga, of the Tax Code. with us to implement, as the gen- New York, where he is now interred. H8804 CONGRESSIONAL RECORD — HOUSE December 4, 2001 (6) Congressman Solomon was also recog- fairs to place a suitable memorial in otic Members of Congress that this nized for his efforts to promote pride, patri- the cemetery to honor his memory. body has ever produced. He was a great otism, and volunteerism, and when the Su- It is highly fitting that our distin- man; and we honor him in a very mod- preme Court ruled that laws prohibiting the guished colleague was laid to rest in est way, much more could be done for burning of the United States flag were un- constitutional, Congressman Solomon was the Saratoga National Cemetery be- this great man, by naming this impor- given the assignment to pass a constitu- cause the cemetery itself owes its ex- tant cemetery in his honor. tional amendment to prohibit desecration of istence to Jerry Solomon. He worked Madam Speaker, I reserve the bal- the flag. The Solomon Amendment passed tirelessly for this cemetery for 15 years ance of my time. overwhelmingly in the House, but failed by to overcome obstacle after obstacle to Mr. EVANS. Madam Speaker, I yield one vote in the Senate. its establishment. He promoted it in myself such time as I may consume. (7) As chairman of the Committee on Rules his town meetings, he pushed for time- Madam Speaker, I rise today in re- of the House of Representatives, Congress- ly completion of the environmental im- membrance of our distinguished col- man Solomon revamped the rules under league, Jerry Solomon, and in strong which the House operates, abolishing proxy pact studies, he worked with members voting, opening all meetings to the media of the Committee on Appropriations to support of renaming the Saratoga New and the public, and making Congress subject ensure that the money was appro- York National Cemetery as the Gerald to the same laws that the American people priated for it, and overcame official in- B.H. Solomon Saratoga National Ceme- live under. difference in the executive branch. tery. It is a well-deserved honor for an (8) During his congressional career, Con- His unwavering determination, no outstanding public servant. gressman Solomon was the recipient of doz- matter how difficult an objective, I want to thank the Speaker of the ens of major awards from many national vet- manifested itself time and time again. House, the gentleman from Illinois erans organizations, including the coveted I think it probably had much to do (Mr. HASTERT), and the chairman of the ‘‘Iron Mike Award’’, presented to him by the Marine Corps and Marine Corps League, and with his service in the U.S. Marine Committee on Veterans’ Affairs, the the Distinguished Citizen Award, presented Corps; but also it reflected the kind of gentleman from New Jersey (Mr. to him by the National Congressional Medal man that he was: he was tenacious, he SMITH), for bringing this bill to the of Honor Society for his legislative successes was tough, and he was fair. floor today. I also want to recognize on behalf of the United States military and He enlisted, as I think many of my my colleague, the gentleman from New veterans issues. colleagues know, in the Marine Corps York (Mr. MCNULTY), for introducing a SEC. 2. NAME OF THE NATIONAL CEMETERY IN at the beginning of the Korean War and similar bill in the 105th Congress. I am SARATOGA, NEW YORK. served for 81⁄2 years on active duty and sure he will be pleased by the bill, and (a) NAME.—The national cemetery located in Saratoga, New York, shall after the date in the reserve. He is one of the few who I look forward to his remarks. of the enactment of this Act be known and was good enough to be a Marine; and of Throughout his 20-year term in this designated as the ‘‘Gerald B.H. Solomon the many awards he received during his Chamber, Jerry Solomon demonstrated Saratoga National Cemetery’’. Any reference public service, among his most cher- an unyielding commitment to the men to such national cemetery in any law, regu- ished were the Iron Mike Award from and women who risked their lives for lation, map, document, record, or other the Marine Corps League, and the Dis- the safety and welfare of this Nation. paper of the United States shall be consid- tinguished Citizen Award from the Na- As a strong advocate of America’s mili- ered to be a reference to the Gerald B.H. Sol- tional Congressional Medal of Honor tary veterans, I appreciate his efforts omon Saratoga National Cemetery. over the years to improve their bene- (b) MEMORIAL.—The Secretary of Veterans Society. Affairs shall provide for the placement in the All of us, Madam Speaker, learned fits and health care through sub- national cemetery referred to in subsection from the example of Jerry Solomon. I stantive and proactive legislation. (a) of a suitable memorial to honor the mem- recall so well when he was the ranking Jerry grew up in New York State and ory of Gerald B.H. Solomon and his service Republican member of the Committee attended Siena College and St. Law- to the United States. on Veterans’ Affairs, again, he always rence University before serving in the The SPEAKER pro tempore. Pursu- put veterans first. He was always fight- United States Marine Corps from 1951 ant to the rule, the gentleman from ing to ensure that there was an ade- to 1952, and I very much appreciate the New Jersey (Mr. SMITH) and the gen- quate veterans budget, particularly in chairman’s remarks about his affili- tleman from Illinois (Mr. EVANS) each the area of health care. He believed ation with the Marine Corps. I had will control 20 minutes. that the VA was one of those commit- some disagreements with the gen- The Chair recognizes the gentleman ments that, once we make it, that they tleman from New York, and we never from New Jersey (Mr. SMITH). had first dibs for every dollar that we took it out in the committee room. So Mr. SMITH of New Jersey. Madam would spend. he was a gentleman, and he worked Speaker, I yield myself such time as I He was also one of the prime leaders hard to leave a great impression on the may consume. in making sure that we had a cabinet people that he met on a day-to-day Madam Speaker, I rise in very strong level for the VA, so when it came to al- basis. support of H.R. 3392, a bill to name the locating scarce resources, that they Earlier this year, the President ap- National Cemetery in Saratoga, New would be there, the Secretary of Vet- pointed Jerry to lead the President’s York, after Gerald B.H. Solomon, who erans Affairs would be there at the Task Force to Improve Health Care De- we all knew and loved as Jerry. This is table fighting and fighting hard for livery for our Nation’s Veterans. a fitting honor and memorial to our veterans’ benefits and for veterans’ As an original cosponsor of this former colleague, the distinguished health care. measure, I can think of nothing more chairman of the Committee on Rules. More recently, following his retire- appropriate than to rename this ceme- I want to commend and thank the ment after 20 years in Congress, Presi- tery. Jerry was interested in this ceme- gentleman from Illinois (Speaker dent George Bush recognized Jerry tery, which was in large part due to his HASTERT) for introducing this impor- Solomon’s leadership and wisdom by 15-year personal commitment to estab- tant bill. I know how highly the Speak- appointing him to co-chair the Presi- lish this cemetery. er thought of Jerry Solomon and val- dential Task Force to Improve Health It was a privilege to work with Jerry ued his service to the House of Rep- Care Delivery for our Nation’s Vet- Solomon on the Committee on Vet- resentatives. So it is a tribute in itself erans. erans’ Affairs and on committee issues. that the gentleman from Illinois (Mr. Like everything else, he launched I am proud that I am able to join my HASTERT), who, as Speaker, does not himself into this new endeavor with en- colleagues in offering this measure in normally introduce legislation, has thusiasm and commitment and ac- tribute to a great American, Jerry Sol- taken this very extraordinary step. I tively served on that issue and on that omon. am grateful to have been afforded the commission until his final illness. Madam Speaker, I reserve the bal- opportunity to be an original cosponsor Madam Speaker, I had the honor of ance of my time. of H.R. 3392. serving many years in the House with Mr. SMITH of New Jersey. Madam In addition to naming the cemetery Jerry Solomon and in every case found Speaker, I yield 3 minutes to the dis- for Jerry Solomon, this bill will also him to be one of the most outspoken, tinguished gentleman from New York authorize the Secretary of Veterans Af- straightforward, tenacious, and patri- (Mr. GILMAN), the distinguished dean of December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8805 the New York delegation and chairman his policy as we pay tribute to this Madam Speaker, as he pointed out emeritus of the Committee on Inter- great American by honoring both him earlier, this is not the first time a bill national Relations. and all our veterans by designating the has been introduced to accomplish this (Mr. GILMAN asked and was given Veterans’ Cemetery at Saratoga purpose. On August 3, 1998, I introduced permission to revise and extend his re- Springs as the Gerald B.H. Solomon H.R. 4385 to name the Saratoga Na- marks.) Saratoga National Cemetery. tional Cemetery in honor of my friend Mr. GILMAN. Madam Speaker, I Accordingly, in honoring our good and late colleague, Jerry Solomon. thank the gentleman for yielding time colleague, Jerry Solomon, I urge our We quickly rounded up 88 cosponsors to me. colleagues to fully support this legisla- to that bill, very enthusiastically sup- Madam Speaker, I want to thank our tion. Semper fi, Jerry. porting it. We were moving forward Speaker, the gentleman from Illinois Mr. EVANS. Madam Speaker, I re- with the bill and then some very small- (Mr. HASTERT), for introducing this leg- serve the balance of my time. minded people, bureaucrats in the De- islation designating the Saratoga Na- Mr. SMITH of New Jersey. Madam partment of Veterans Affairs, raised an tional Cemetery after our good friend Speaker, I yield 3 minutes to the dis- objection. Their objection, Madam and former colleague, Jerry Solomon, tinguished gentleman from New York Speaker, was simply this: Something and the distinguished chairman of the (Mr. SWEENEY). like this has never been done before. Committee on Veterans’ Affairs, the b 1815 Imagine the kind of world we would live in if we all had that attitude. We gentleman from New Jersey (Mr. Mr. SWEENEY. Madam Speaker, I SMITH), and the ranking minority cannot do it because it was never done thank the gentleman for yielding me before. I said, well, it ought to be done member, the gentleman from Illinois time. (Mr. EVANS), for pursuing this measure now. Madam Speaker, as the one who suc- The next day Jerry Solomon called and bringing it to the floor at this ceeded Jerry Solomon in Congress, I time. me over to his side of the aisle, and we am proud today to stand and speak on sat in that seat right over there, and he H.R. 3392 is a fitting tribute to Mr. behalf of this important piece of legis- Solomon. It was due to his efforts on asked me to withdraw my bill. Jerry lation. Solomon and I were a team for 10 behalf of our veterans that the vet- As it has been pointed out, Jerry Sol- years, and he was always the one that erans cemetery at Saratoga was cre- omon served in this body for over 20 was a little bit more, let us say, excit- ated and that the administration was years since 1978. He has many friends able. But on that day I was the one who granted cabinet-level status. As a Ma- in this House and I count myself was agitated, and I said, Jerry, I want rine veteran, it is appropriate that we among them. I doubt there is one to fight this. And he very calmly said honor Jerry in this manner. Jerry fully among us who did not respect him. He to me, very characteristically because knew the sacrifices our men and was an American’s American, a Ma- of his love for veterans, I do not want women in the Armed Forces face each rine’s Marine, a veteran’s veteran. any controversy associated with that and every day in defending our Nation Devoted to his wife, Freda, his 5 chil- cemetery, and if one person in the bu- from aggressors. dren, and his 6 grandchildren, Jerry reaucracy objects, I want you to with- Madam Speaker, throughout the Solomon became a great statesman, draw the bill. House, in the Senate, in New York but always remained a loving husband, I have conceded to the request of my father and grandfather. State, around our Nation, overseas, friend and colleague. But today I thank He was a man who called them as he many of us were deeply saddened last the gentleman from Illinois (Mr. month to learn of the loss of our saw them, Madam Speaker. Over his HASTERT). I thank the Speaker of the career he led the way on veterans’ former colleague and good friend, Jerry House for using the power and influ- issues, culminating in the establish- Solomon. In New York State’s capitol ence of his office to do the right thing ment of a Cabinet post for veterans’ af- in Albany, Jerry was an assemblyman and to name this cemetery for this sol- noted for his energy, determination, fairs. He led the way in fighting to cure an dier and patriot. and commitment. It was, therefore, no I am just so happy that Jerry lived to amendment to our Constitution to pro- surprise to those of us who knew him see the day when Communism fell when he subsequently brought those tect our flag. He brought a national cemetery to apart in Eastern Europe; to see Lech same dedicated traits to bear as a Walesa and the Solidarity movement member of this body. Saratoga, New York, which happens to be my home county as well, where he succeed; to see the downfall of Eric Jerry came to the House of Rep- Honneker and Egon Krenz; to see the resentatives in January of 1979, serving himself has been laid to rest. Thanks to this legislation, it will now bear his people out there tearing down the Ber- here for 2 decades diligently, meritori- lin Wall piece by piece; to subsequently ously representing the constituents of name. It is the right thing, an honorable see the dismantling of the Soviet the 22nd district in upstate New York. gesture by this body to remember a pa- Union, dissolving into 15 individual When Jerry came to the floor of this triot and his work. democratic republics; to see the people House, he was always ready to stand up In his final years in this House, Jerry of Armenia, one of those former repub- vociferously for what he believed, espe- Solomon served as chairman of the lics, standing up in September of 1991 cially when it came to our Nation’s de- Committee on Rules. That achieve- and voting 98 percent for independence fense and our Nation’s veterans. ment speaks volumes about the man, and shouting the next day, ‘‘Ketze azat Last month, upon learning of the the leader, and the legislator. ankakh hayastan,’’ long live free and passing of our former colleague, Presi- What I learned about Congressman independent Armenia; and then point- dent Bush said that ‘‘Jerry Solomon Solomon many among us know. If he ing to the United States of America as was a true patriot who will always be cared enough to tell someone some- their example of what they wanted to remembered as true to his creed, duty, thing, they had better listen. be as a democracy. honor, and country.’’ The President’s Madam Speaker, Jerry Solomon has Yes, we live in the freest and most words remind us that as our military left us, but neither he nor his achieve- open democracy on the face of the goes into battle against those who per- ments will ever be forgotten. It is with Earth, but Jerry Solomon understood petrated the atrocities of the barbaric great pleasure that I support this legis- that freedom is not free. We have paid September 11 attack, our troops are re- lation to rename the Saratoga Na- a tremendous price for it. And he did lying on advanced weapons systems tional Cemetery to the Gerald B.H. not let a day go by without remem- and technologies that Jerry Solomon Solomon Saratoga National Cemetery. bering with gratitude all of those who fought so hard to obtain for them. Mr. EVANS. Madam Speaker, I yield made the supreme sacrifice and all of Congressman Solomon was proud to such time as he may consume to the those who served, put their lives on the be labeled a hawk on defense, always gentleman from New York (Mr. line, came back home, rendered out- arguing that our Nation had to be fully MCNULTY). standing service to our country, the prepared and strong for the new chal- Mr. McNULTY. Madam Speaker, I veterans of our country, and raised lenges in the post-Cold War world. thank my colleague for yielding me beautiful families to carry on in their Today we fully recognize the wisdom of time. fine traditions. H8806 CONGRESSIONAL RECORD — HOUSE December 4, 2001 That was Jerry Solomon, and he Mr. EVANS. Madam Speaker, I have SMITH) and the distinguished ranking spent 15 years of his life to make sure no further requests for time, and I member, the gentleman from Illinois that that cemetery came to Saratoga. yield back the balance of my time. (Mr. EVANS) for moving this as expedi- And I can say without any fear of any- Mr. SMITH of New Jersey. Madam tiously as they have. And I want to say body positing anything to the con- Speaker, I yield such time as he may once again to Mr. Solomon and his trary, that cemetery would not be in consume to the gentleman from Cali- wonderful family, to the members of Saratoga if it were not for Jerry Sol- fornia (Mr. DREIER), the distinguished his family, that our thoughts and pray- omon. That is just a fact. chairman of the Committee on Rules. ers continue to be with all of them dur- So today I ask my colleagues to sup- (Mr. DREIER asked and was given per- ing this very difficult and challenging port this bill, to support the Speaker, mission to revise and extend his re- time. and to pay tribute to the memory of marks.) Mr. SMITH of New Jersey. Madam Jerry Solomon and, in doing that, to Mr. DREIER. Madam Speaker, I rise Speaker, I yield myself such time as I say thank you to Freda and Jerry’s in strong support of this resolution may consume. children and, yes, to all veterans. and, as has been said by many of my I want to thank the distinguished Mr. SMITH of New Jersey. Madam colleagues, we all have our memories chairman of the Committee on Rules Speaker, I yield myself 10 seconds to of Jerry Solomon. I have to stand here for his very eloquent remarks. We all thank my good friend and colleague, and say that I miss him. I miss the fact have very fond memories. I know my the gentleman from New York (Mr. that we are no longer able to talk regu- first trip to Vietnam along with the MCNULTY) for his powerful statement larly on the phone. I miss his service gentleman from New York (Mr. GIL- on behalf of Jerry Solomon and for in- here in this institution. MAN) on behalf of POWs was in 1984. troducing, as he pointed out, a resolu- I believe that this is an appropriate Mr. Solomon was again tenacious in tion earlier that would have named action that we can take here because of trying to ensure that there was an ab- this important asset, this cemetery, in his extraordinary service not only here solutely thorough accounting and that honor of Jerry Solomon. And cus- in the Congress, but his service as a any live sightings be followed up as ag- tomary and just so characteristic of proud Marine. gressively as possible to ensure that Jerry, he wanted to be self-effacing and My late father and Jerry became nobody was left behind. did not want any fuss being made good friends. My father was a drill in- Mrs. KELLY. Madam Speaker, I rise in sup- about him. It does not surprise me that structor in the United States Marine port of this measure honoring my friend and he approached the gentleman and said, Corps and my father regularly encour- colleague Jerry Solomon. hey, do not push it. That is just so typ- aged Jerry to crack the whip on me. As the rest of my colleagues, I was deeply ical of Jerry Solomon. And Jerry followed my father’s direc- saddened by his passing in October. Jerry I want to thank the gentleman for tion extremely well. Solomon was my friend. His gruff exterior On more than a few occasions I was his leadership. I think that epitomizes belied the thoughtful and kind man’s interior. taken to the woodshed by Jerry Sol- the best of bipartisanship. That this is Jerry fought for his Nation, his family, and omon. I was encouraged to step out- what it is all about. We care for each his district like the admirable Marine he was. side, and I will say that it was good for other. The gentleman cared for Jerry, If the Hudson Valley had a need, Jerry was me. And while at the time I may have and he showed it while he was alive in there to help, either with legislation of his own been a little miffed with some of the trying to get this cemetery named in or by supporting legislation of those of us rep- things that Jerry said, as are many ex- his honor. I want to congratulate and resenting the Hudson Valley. periences in life, it was a great growing thank the gentleman for that. To meet Jerry was to fall under this great experience for me. driving strength and to be offered an invitation Madam Speaker, I yield 3 minutes to I appreciate the leadership that Jerry to join him in whatever battle he was engaged the gentleman from Indiana (Mr. Solomon showed in so many areas. He in, and the Saratoga National Cemetery was a BUYER). was a Korean War hero veteran, and battle he fought for and won. Mr. BUYER. Madam Speaker, I would there was no one in this institution He was a great man, and we remember and also like to thank the gentleman from who fought harder for, as the gen- honor him with this action today. New York (Mr. MCNULTY) because I do tleman from New York (Mr. MCNULTY) Mr. HASTERT. Madam Speaker, I rise not have the words to follow the ar- said, the demise of the Soviet Union today in support of this legislation which would ticulation. than Jerry Solomon. name the national cemetery in Saratoga, NY, Each of us individually have our own I had the opportunity to travel with the ‘‘Gerald B.H. Solomon Saratoga National memories of our dear friend, Jerry Sol- him throughout the world. We traveled Cemetery.’’ This is a fitting tribute for my omon. And I compliment the gen- in the Mideast. We traveled to Asia. He friend and our former colleague. tleman for his statement. took me on my first trip to Vietnam on I would like to thank Chairman SMITH, my I rise and encourage all Members to February 14 of 1986. I remember being colleague from Illinois Mr. EVANS, and the Vet- support H.R. 3392. It is fitting that a there on Valentine’s Day. We traveled erans Affairs Committee for allowing this im- national veterans’ cemetery in Sara- numerous times to Central America. portant legislation to move so quickly. As the toga, New York be named after our col- I thought a lot about Jerry as we just sponsor of this legislation, I would also like to league, Jerry Solomon. It honors not saw a few weeks ago the successful thank the numerous cosponsors, especially just the person but the contributions election of a democratic, small ‘‘d,’’ Mr. GILMAN and all the members of the New to our country. leader in Nicaragua, because we all York Congressional Delegation. I know Marines are proud of their know through the 1980s we had this I had the honor and privilege of serving with military service but it is much more. It amazing struggle providing assistance Jerry Solomon during many of his 20 years of is the cohesion of the brotherhood that to the democratic resistance in Nica- service in the House. We all remember Jerry only combat Marines understand and it ragua so that we could encourage the as someone who fought for what he believed survives beyond the distant battlefield. kind of freedom and political pluralism in. He was your most tenacious advocate It becomes a way of life, led by the at- and recognition of human rights and when he was on your side and a ‘‘pit bull’’ of tributes of honor, integrity, courage, encouragement of the rule of law that an opponent when he wasn’t. He was truly a and commitment. Jerry Solomon emu- Jerry had fought for through his entire man of principle, and you always knew where lated these virtues and values during life. he stood. his life and left a distinct impression So to be able to name the Saratoga Before being elected to Congress in 1978, upon our country, his constituents, National Cemetery the Gerald B.H. Jerry Solomon had an impressive career of friends and family. Solomon Saratoga National Cemetery public service. He was, among other things, a I am quite sure the comrades who he is a very fitting tribute. U.S. Marine, successful businessman, volun- lies with are equally proud to have Madam Speaker, I would like to teer fireman, scoutmaster, and a member of their remains rest in perpetuity in a thank the Speaker of the House, the numerous organizations such as the National national veterans’ cemetery that bears gentleman from Illinois (Mr. HASTERT) Rifle Association, the American Legion, Marine the name of Jerry Solomon. We miss for moving this resolution forward and Corps League, Disabled American Veterans, you, Jerry. the gentleman from New Jersey (Mr. and the Korean War Veterans Association. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8807 When Jerry was elected to Congress, he the resolution (H. Res. 298) expressing President Ford’s action supported took on several important issues. For starters, the sense of the House of Representa- the expressed will of the overwhelming Jerry Solomon spent many years devoted to tives that Veterans Day should con- majority of State legislatures, veterans ending the scourge of drugs, where I had the tinue to be observed on November 11 service organizations and the American opportunity to work closely with him. In this and separate from any other Federal people. Yet today, there are those who capacity, he successfully championed many holiday or day for Federal elections or would alter this distinct opportunity pieces of legislation requiring random drug national observances. to honor our veterans by merging Vet- testing and penalizing users and sellers of ille- The Clerk read as follows: erans Day with other public activities gal drugs. He was a strong believer that illegal Whereas the veterans of the Armed Forces such as election day. drug use is one of the most pressing issues are owed a tremendous debt of gratitude for This would be wrong, Madam Speak- facing our Nation’s youth and fought it wher- their service and bravery; er. Since our Nation’s founding, some Whereas veterans play important roles in 48 million men and women have ever and whenever he could. communities throughout the United States; In addition, when Republicans took control stepped forward to defend our way of Whereas maintaining Veterans Day as a life. There are more than 25 million liv- of the House, Jerry Solomon served as the legal public holiday separate from all other Rules Committee chairman, where he pre- Federal holidays and days for elections or ing veterans who have served in peace sided over sweeping reforms in the way the national observances is the least that a and war. More than a million died in House operates. Among other things, his com- grateful Nation should do in recognition of service to America; and more than a mittee abolished proxy voting, opened all its veterans; and million and a half have been wounded, meetings to the media and the public, and Whereas November 11 is a solemn com- and some very seriously. made Congress subject to the same laws that memoration of the contributions of those As we debate this resolution today, who have served and defended the Nation, es- America’s servicemen and women are the American people live under. These were pecially those who gave their lives securing important reforms that fundamentally changed fighting in Afghanistan to defend us the freedoms enjoyed by all citizens of the and our way of life from the terrorists the way this House conducts its business. United States: Now, therefore, be it In addition to this important work, Jerry Resolved, That it is the sense of the House who attacked us on September 11. As served as ranking member on the Veterans of Representatives that Veterans Day should President Bush said in his Veterans Affairs Committee, where, as a veteran of the continue to be observed on November 11 and Day proclamation this year: ‘‘Our Na- Korean war, he understood firsthand the im- separate from any other Federal holiday or tion will always be grateful for the portance of meeting the needs of our military day for Federal elections or national observ- noble sacrifices made by these vet- ances. veterans to the fullest extent possible. In this erans. We can never adequately repay capacity, Jerry made sure that veterans were The SPEAKER pro tempore (Mrs. them, but we can honor and respect heard and represented when he sponsored BIGGERT). Pursuant to the rule, the them for their service.’’ It would be a shame and a travesty, the bill that created a cabinet level Department gentlewoman from Maryland (Mrs. Madam Speaker, to allow the special of Veterans Affairs. And, of course, he made MORELLA) and the gentleman from Illi- meaning of Veterans Day to be sub- certain that we remembered our country’s mili- nois (Mr. DAVIS) each will control 20 minutes. merged amid a welter of campaign ac- tary veterans when he fought for 15 years to tivities. Election campaigns focus on see that the Saratoga National Cemetery was The Chair recognizes the gentle- woman from Maryland (Mrs. MORELLA). issues that divide us. That is how our established. democratic system works. We engage I urge my colleagues to support this impor- GENERAL LEAVE in a great national debate over a vari- tant legislation. This country cannot and Mrs. MORELLA. Madam Speaker, I ask unanimous consent that all Mem- ety of serious issues. Campaign ads should not forget the efforts of those like Jerry flood television and radio. Campaign Solomon who by word and deed made this bers may have 5 legislative days within which to revise and extend their re- activities dominate the news, and then country a better place. the American people vote and deter- Mr. SMITH of New Jersey. Madam marks on H. Res. 298. The SPEAKER pro tempore. Is there mine who will represent them. Speaker, I yield back the balance of This is a great process, Madam objection to the request of the gentle- my time. Speaker; but we would lose something The SPEAKER pro tempore (Mrs. woman from Maryland? very special if it were combined with There was no objection. BIGGERT). The question is on the mo- Veterans Day. We would lose the op- Mrs. MORELLA. Madam Speaker, I tion offered by the gentleman from portunity to pause and honor our vet- yield myself such time as I may con- New Jersey (Mr. SMITH) that the House erans as a Nation united in gratitude sume. suspend the rules and pass the bill, for their service. Maintaining Veterans I rise in strong support of House Res- H.R. 3392. Day as a legal public holiday, separate olution 298. The message of this resolu- The question was taken; and (two- from all other Federal holidays, is the tion is simple and straightforward. It is thirds having voted in favor thereof) least that a grateful Nation should do. the rules were suspended and the bill the sense of the House of Representa- I want to congratulate and thank the tives that Veterans Day should be ob- was passed. gentleman from Nebraska (Mr. TERRY) A motion to reconsider was laid on served on November 11. It should be ob- for introducing this legislation; and, the table. served separate from any other Federal Madam Speaker, I urge all Members to f holiday, election day, or any other na- support this important resolution. tional observance. GENERAL LEAVE Madam Speaker, I reserve the bal- Madam Speaker, Veterans Day is the ance of my time. Mr. SMITH of New Jersey. Madam one day on which America honors all of Mr. DAVIS of Illinois. Madam Speak- Speaker, I ask unanimous consent that those who have served in our Armed er, I yield myself such time as I may all Members may have 5 legislative Forces. Its roots trace back to Armi- consume. days within which to revise and extend stice Day, which established November Madam Speaker, as we just listened their remarks on H.R. 3392. 11 as the day to honor veterans of to the debate and tributes being paid to The SPEAKER pro tempore. Is there World War I; but in 1954, after World Representative Solomon, I think that objection to the request of the gen- War II and the Korean War, the name gives us one of the reasons why this tleman from New Jersey? of the holiday was changed to Veterans bill is so important; and so I rise in There was no objection. Day. strong support for H. Res. 298, a bill ex- f For a brief period, from 1968 to 1975, pressing the sense of the House of Rep- b 1830 Veterans Day was not observed on No- resentatives that Veterans Day should vember 11. By law it was observed on a be observed on November 11 and sepa- EXPRESSING SENSE OF HOUSE OF Monday in order to provide Federal rate from any other holiday or day for REPRESENTATIVES THAT VET- employees with 3-day weekends, but in Federal elections or national observ- ERANS DAY CONTINUE TO BE 1975 President Ford signed legislation ances. OBSERVED ON NOVEMBER 11 to return the observance of Veterans Madam Speaker, in 1921 an unknown Mrs. MORELLA. Madam Speaker, I Day on November 11, where it remains World War I American soldier was bur- move to suspend the rules and agree to to this day. ied in Arlington National Cemetery. H8808 CONGRESSIONAL RECORD — HOUSE December 4, 2001 This site, on a hillside overlooking the Nebraska (Mr. TERRY), who is a prime Mr. DAVIS of Illinois. Madam Speak- Potomac River and the city of Wash- sponsor of the legislation. er, I yield such time as she may con- ington, became the focal point of ref- Mr. TERRY. Madam Speaker, cer- sume to the gentlewoman from Texas erence for American veterans. tainly as Americans, especially now, (Ms. JACKSON-LEE). On Sunday November 23, 1921, Miriam we owe the men and women who served Ms. JACKSON-LEE of Texas. Madam Felt, then 23 years old, wrote a letter our country in times of war a tremen- Speaker, I thank the distinguished gen- to her family describing the events in dous debt of gratitude. Simply put, we tleman from Illinois (Mr. DAVIS) for Washington, DC., during the time of cannot do enough to thank them for yielding me the time, and I thank the that first burial, now known as the their contributions to our great Na- distinguished gentlewoman from Mary- Tomb of the Unknown Soldier, in Ar- tion. We cannot do enough to honor land (Mrs. MORELLA), as well the spon- lington National Cemetery. them for their dedication to the prin- sor of this legislation; and I rise enthu- Miriam wrote: ‘‘Well, this last week ciples of freedom and liberty which our siastically to support this legislation. has been quite an event in history, and families enjoy. I come from a family of veterans, I certainly do wish you all could have To that end, we set aside one day particularly having served in World been in Washington. It certainly is each year, November 11, to recognize War II; and every Veterans Day I look something I shall never forget. Some- the contributions of American war vet- forward to embracing and celebrating how, you can talk about it and think erans to this great Nation. We keep one with my community, with Houston and about it, but the realization of the day to be mindful of their sacrifices Houstonians, the veterans that have of- whole thing struck me so much more and the sacrifice of their families. Vet- fered themselves for service so that I by seeing it all, and it was so impres- erans Day is for them, and now the might live in freedom. sive. Of course, Washington is alive sanctity of that day is in jeopardy. It is true that veterans everywhere with foreigners of all sorts, and I am Just to tell my colleagues a story, deserve our honor and appreciation. turning around all the time to see last Veterans Day, just a few weeks They deserve the parades and the acco- something else for fear that I will miss ago, I attended several ceremonies; and lades. Now more than ever, as we live something. one of the speakers got up at the cere- in the shadow of September 11 and real- ‘‘Thursday night after work, Gertie mony in our memorial park in Omaha, ize that we collectively must fight ter- and I went up to the Capitol to see the Nebraska, and said to the attendees, If rorism, Veterans Day must be pro- body in state there. We went up about Congress has their way, this will be the moted and celebrated because even six o’clock, thinking the crowd would last time we meet. today we have young men and women He went on to say that combining not be so large. But at that time, the going forth to protect our rights. Veterans Day with election day is a lit- I have legislation, H.R. 934, which line four breast extended over two tle bit like combining Christmas and specifically indicates that the possi- blocks, and by the time we had reached Halloween. I do not necessarily agree bility of an election day holiday should the Capitol steps and could look back with his analogy, but the point was not be on Veterans Day, and I rise en- at the crowd, it extended up on one well taken. thusiastically to confirm the impor- side of the park, down another side, Whenever I would attend the VFW tance of voting, but likewise to ensure then the third side of it and on beyond groups, American Legion clubs at that no election holiday would take the Capitol Building where we could home, this issue was always brought up Veterans Day and that we would work see no farther, so I don’t know how about protecting the sanctity of the to ensure that the sacrifice of our vet- much longer it was. It was perfectly one day a year that we put aside to erans is singularly honored on Novem- beautifully managed, and there was no thank these folks; but somehow some ber 11 every year and that as we fight crowding, and everyone, strangely folks here in Washington have been to ensure that there is opportunity for enough, acted as though they really sidetracked. There was an election access to the voting booth that we can were there to pay respect to the mem- commission that perhaps one of their do that side by side. ory which that body was to represent recommendations was combining Vet- Just this past weekend, Houston, to the country.’’ erans Day with election day to increase Texas, experienced a very tough elec- As a postscript, Miriam Felt wrote: voter turnout. Some people up here on tion; and that election was that of our ‘‘Give my love to Grandpa. Sorry he Capitol Hill endorsed that idea. It was city leader, Mayor Lee P. Brown. Many isn’t feeling up to par. Tell him to be a a balloon that was floated, and some- of us are well aware of his leadership in good boy. Tell him too that some of his how then that became what Congress Washington. We base the success of his old ’cronies’ marched to Arlington Fri- was going to do to these folks who sac- victory on simply encouraging people day and they looked mighty fine, I’ll rificed their time and their lives for to express their viewpoint in getting tell you, and I thought a lot about America. out to vote. what he did for his country.’’ Today, we have the opportunity then b 1845 November 11 is a time for us to re- to take something that has just grown flect on what the men and women of way out of proportion and set the That is all we want to do, to ensure the United States military have and record straight, that we in this body that the improprieties and the injus- continue to do for the country. The wish to see a day of reflection for our tices that eliminated people’s rights to feeling of pride and patriotism ex- veterans who triumphed, who sac- vote are corrected. We can do that side pressed in Miriam Felt’s letter should rificed; that we will pay tribute to by side as we protect the veterans’ hol- be felt by all of us. No longer can we them on that one day a year that we iday of November 11. So I also ask my take the freedoms that we enjoy today have set aside, the 11th day of the 11th colleagues to consider 934. H.R. 934 pro- for granted, and no longer can we take month of each year. tects Veterans Day, November 11, as a the men and women who fought for I do not, Madam Speaker, nor do the singular holiday, and it promotes the those freedoms for granted. proud veterans and the proud Ameri- idea of an election holiday separate Yes, Madam Speaker, I encourage cans of the second district, wish to see and apart from November 11. that we hold aside this day for this this date moved or blended in with I am very gratified for the sponsor of purpose only and for no other purpose, some other holiday or event. The fact this legislation, and I rise in enthusi- except to honor and pay tribute to the is that Veterans Day holds a patriotic astic support of this legislation. I be- men and women of this country who duty for Americans to recognize the lieve that the causes and the purposes have given and continue to give the commitment of American veterans to of H. Res. 298 are those that this body last measure of devotion that one duty, honor, freedom and liberty. can collectively support as we pay trib- might have so that we can continue to Election day is a day of civic obliga- ute to our veterans yesterday, today enjoy the freedoms that we so rightly tion, dedicated to separate purposes, and tomorrow, and then that we also deserve. and combining this day with others acknowledge the privilege of voting Madam Speaker, I reserve the bal- would simply be to disrespect what and ensuring that people have the right ance of my time. they have done for us. to vote, and a special day to vote sepa- Mrs. MORELLA. Madam Speaker, I I urge my colleagues to vote yes on rate, but a day apart from any day we yield 4 minutes to the gentleman from this resolution. would honor our veterans. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8809 To our veterans I say: You are, in sponsored this legislation, and I urge Mr. SMITH of New Jersey. Madam fact, our first responders of freedom the Members of this House to support Speaker, I rise today in very strong and justice and equality. it. support of this resolution, H. Res. 298, Mrs. MORELLA. Madam Speaker, I Mr. DAVIS of Illinois. Madam Speak- calling for Veterans Day to remain a am pleased to yield 3 minutes to the er, I continue to reserve the balance of distinct Federal holiday observed every gentleman from New Jersey (Mr. my time. year on November 11. FRELINGHUYSEN), who has sponsored Mrs. MORELLA. Madam Speaker, I Eighty-three years ago, in a forest such legislation. yield 2 minutes to the gentleman from northeast of Paris, an armistice was (Mr. FRELINGHUYSEN asked and New York (Mr. GILMAN). signed that ended the fighting in World was given permission to revise and ex- (Mr. GILMAN asked and was given War I commencing on the 11th hour of tend his remarks.) permission to revise and extend his re- the 11th day of the 11th month of 1918. Mr. FRELINGHUYSEN. Madam marks.) The war to end all wars was over. It Speaker, I thank the gentlewoman for Mr. GILMAN. Madam Speaker, I had been won through the selfless serv- yielding me this time, and I rise today, thank the gentlewoman for yielding me ice and sacrifice of tens of thousands of along with my colleague, the gen- this time, and I rise in strong support American men and women, joining to- tleman from Nebraska (Mr. TERRY), to of this legislation expressing the sense gether with millions of our British, offer House Resolution 298, a resolution of the House that Veterans Day should French, and other allies. expressing the sense of this body that be observed on November 11 and be sep- To commemorate this historic event, Veterans Day should be observed as a arate from any other Federal holiday. I the following year, President Woodrow separate, distinct national holiday, and urge my colleagues to lend their strong Wilson, who I would note parentheti- I thank the gentleman from Nebraska support to this bill. cally was a former New Jersey Gov- for all of his work in the interest of so I thank the gentlewoman from Mary- ernor, issued a proclamation declaring many Members. land (Mrs. MORELLA) for her leadership November 11 Armistice Day, saying Madam Speaker, after the turmoil of in bringing the measure to the floor at that, and I quote, ‘‘The reflections of last year’s national election, President this time, as well as the ranking mi- Armistice Day will be filled with sol- Bush rightly called for the creation of nority member, the gentlewoman from emn pride in the heroism of those who a National Commission on Federal the District of Columbia (Ms. NORTON), died in the country’s service and with Election Reform, chaired by two of his for her work. I also commend the spon- the gratitude for the victory.’’ Fol- esteemed predecessors, President Ford sors, the gentleman from Nebraska lowing World War II, Armistice Day and President Carter. Under their able (Mr. TERRY) and the gentleman from was renamed Veterans Day to honor all leadership, this commission studied the New Jersey (Mr. FRELINGHUYSEN), for those men and women who served a lessons of that election and formulated their work on this legislation. grateful Nation. a 13-point plan for reform. While they In recent years, there have been a Madam Speaker, as chairman of the raised many valid points, I respectfully number of proposals to merge Veterans House Committee on Veterans’ Affairs, disagree with their third recommenda- Day with Election Day as one Federal I am unalterably opposed to any pro- tion: that this Congress enact legisla- holiday in order to encourage the max- posal that would alter or in any way tion to combine Election Day with Vet- imum number of voters to go to the diminish Veterans Day. In particular, I erans Day. polls. While I support increasing voter stand in opposition to the rec- As we know in this House, held on participation in elections, I believe ommendation of the National Commis- the 11th day of the 11th month, a date that proposals along those lines would sion on Federal Election Reform that which marks the armistice which be an insult and disrespectful to the Federal elections be held concurrently ended the Great War of 1918, Veterans contributions and service performed by with Veterans Day. Day began as a day to honor those who our Nation’s veterans. While I, like every other Member of fought for freedom with the allies in For many years, we have had a this House, want citizens to fully exer- Europe during World War I. It was unique, separate holiday for those who cise their franchise and to vote, I do later expanded after America’s partici- gave the ultimate sacrifice in the serv- not believe diluting Veterans Day is a pation in World War II to include those ice of their Nation during our Nation’s way to achieve that end. Such a change veterans. But it was not until after the many military conflicts. It is only fit- would defeat the purpose of reserving a Korean War in 1954 that November 11 ting that we continue to have a sepa- day in the year to honor all men and became a day set aside to honor all rate holiday for the living who served women, living and deceased, who have those who have worn our Nation’s uni- their country in military service. risked their lives to defend our Nation. form and who have fought and died to Madam Speaker, those who want to Veterans Day, especially when it is preserve the ideals and values we hold encourage election reform by estab- coupled with Memorial Day, the day we most dear. lishing a new Federal holiday can be honor our war dead and those who have Now, as a way to increase voter par- heard on that subject. However, the died who served honorably, are 2 days, ticipation and enable more public service of our veterans should not be and it is the least we can do, I would spaces to be used as polling sites, this diminished in any manner by having say, Madam Speaker. And, again, to di- commission and others have seized Veterans Day share its honor with an- minish it would be wrong. upon the idea of merging Election Day other Federal holiday observance. No- In 1987, Madam Speaker, Congress with Veterans Day. This idea is well in- vember 11, the day honoring our vet- made a similar mistake when legisla- tentioned but dead wrong. As a New erans of our Armed Forces, should re- tion was approved to change the na- Jersey resident and former national main solely a day to honor their con- tional Veterans Day observance from commander of the Veterans of Foreign tributions and their loyalty to our Na- November 11 to the fourth Monday in Wars, Bob Wallace, wrote to me in Sep- tion. October to create a 3-day weekend for tember, ‘‘We believe that any sugges- Accordingly, I urge my colleagues to Federal employees. This misguided pol- tion or consideration of Veterans Day join in supporting this timely and ap- icy was quickly abandoned following a serving as Election Day would signifi- propriate measure. national outcry from millions of Amer- cantly diminish Congress’ original in- Mr. DAVIS of Illinois. Madam Speak- icans, veterans and nonveterans alike. tent to honor the men and women who er, I continue to reserve the balance of Madam Speaker, Veterans Day is served in the Armed Forces.’’ As a fel- my time. more than just a holiday. It is a con- low veteran, I agree. Mrs. MORELLA. Madam Speaker, I tinuing history lesson for all Ameri- Bob also said, and I quote, ‘‘The his- am pleased to yield 3 minutes to the cans. It is a reminder that freedom is torical significance of Veterans Day gentleman from New Jersey (Mr. not free; that our liberties, which are should remain just that, a day to sol- SMITH), who chairs the Committee on endowed by our Creator, must be de- emnly honor America’s veterans for Veterans’ Affairs. fended against all who would remove their patriotism and willingness to sac- (Mr. SMITH of New Jersey asked and them. rifice all for freedom.’’ It could not be was given permission to revise and ex- This is a very good resolution and I said better. This is the reason we have tend his remarks.) urge strong support for it. H8810 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Mrs. MORELLA. Madam Speaker, I as well as the gentleman from Cali- honor those who have served in our Armed am pleased to yield 2 minutes to the fornia (Mr. WAXMAN), the ranking Forces. gentleman from Florida (Mr. JEFF MIL- member, for having this resolution I strongly urge my colleagues to support it. LER), one of our newest Members of come to the floor so promptly. Mrs. CHRISTENSEN. Madam Speaker, No- this august body. I urge all Members to stand with our vember 11th is Veterans Day period. Mr. JEFF MILLER of Florida. Nation’s veterans and their organiza- On behalf of the veterans of the U.S. Virgin Madam Speaker, I thank the gentle- tions in support of House Resolution Islands, who have fought in every one of this woman for yielding me this time, and I 298. country’s wars from the Revolutionary war for- rise today in support of H.R. 298. Ms. JACKSON-LEE of Texas. Thank you, ward, I support H. Res. 298, and commend In respect and recognition of the con- Madam Speaker and Congressman TERRY, for our colleagues for introducing this resolution tributions our servicemen and women this important resolution which expresses the expressing the sense of the House, that this have made to the cause of peace and sense of the House that Veterans Day should day would forever be set aside as the day we freedom around this world, the laws of continue to be observed on November 11. honor those who have so nobly served this the United States make November 11 a Under current law, November 11 of each country and all of us. That is as those from my Federal holiday in honor of every year is designated as Veterans Day, a federal district would have it. American who has served this country. holiday honoring veterans of the U.S. Armed What a small concession from the country While we always appreciate the men Forces. This important tradition began in to those who have sacrificed and been willing and women of the military, it is alto- honor of November 11, 1918—the 11th hour to fight unto death—willing to make the ulti- gether fitting that we set a time aside of the 11th day of the 11th month in which mate sacrifice. But it is of great importance to do so publicly. Veterans Day was es- Americans began laying down their arms. In and significance to them. November 11th is Veterans Day, period. tablished for this reason, and Novem- 1921, this day marked the burial of an un- Let’s not fix what ain’t broke. ber 11 should be set aside for this rea- known World War I American soldier who was Mrs. KELLY. Madam Speaker, I want to rise son alone. buried in Arlington National Cemetery. Histori- in support of this measure which reminds us Throughout the course of American cally, similar ceremonies occurred in England of the importance of honoring our nation’s vet- history, nearly 48 million men and and France where an unknown soldier was erans. women have stepped forward to defend buried in each nation’s highest place of honor. In light of our current circumstances, with our land, our people, and our prin- These memorial gestures all took place on American soldiers now on hostile ground, we ciples. Today, there are more than 25 November 11. ought to be especially mindful of our efforts to million living veterans who served our Armistic Day officially received its name in acknowledge and honor those who have Nation, many of them willingly enter- America in 1926 through a Congressional res- served our country. ing harm’s way to preserve, protect, olution (44 Stat. 1982). In 1938 it became a While I understand that some may see this and defend our freedom. The strength national holiday by an Act (52 Stat. 351; 5 annual day of honor also as a day of conven- of the United States is a direct result U.S. Code, Sec. 87a) as ‘‘a day to be dedi- ience, an already-established holiday that can of their courageous, patriotic, and cated to the cause of world peace and to be be used for other purposes, I believe that any dedicated service for which we can hereafter celebrated and known as ‘Armistice effort to place any other designations on this never fully thank them. Day.’’’ Initially, set aside to honor veterans of day is unacceptable. These are our veterans. Because of their service to the United World War I, in 1954, after World War II, the These are the men and women who have put States in the cause of freedom and lib- 83rd Congress amended the Act of 1938 by the well-being of their country ahead of their erty, we are citizens of the greatest Na- striking out the world ‘‘Armistice’’ and inserting own. It is not asking too much to have one tion in the history of the world. I the word ‘‘Veterans’’ in order to honor Amer- day a year dedicated solely to their efforts. thank our veterans for their dedicated ican veterans of all wars. Our veterans deserve it. service to our country, and I also Just this past Veterans Day, I honored Mrs. MINK of Hawaii. Madam Speaker, I thank their families for sharing their America’s veterans and those who gave their rise today in support of House Resolution 298, loved ones throughout the years. The lives for America’s freedom and democracy at expressing the sense of the House that Vet- excellence of our veterans is a model the Veterans Memorial National Cemetery in erans Day should be observed on November for men and women everywhere who Houston, Texas. There, I expressed our grati- 11th and separate from any other federal holi- are asked to defend our country. At tude to the men and women who have given day. this moment, men and women of the themselves to national service. Their sacrifice, Veterans Day originated in 1920 and was Army, the Navy, the Air Force, Ma- particularly in light of the September 11 at- originally named Armistice Day to mark the rines, and Coast Guard are serving tacks and the ongoing war on terror, reminds end of World War I on the 11th month, the around the world, and they could have us that we cannot take our freedoms and de- 11th day, and the 11th hour of 1918. In 1954 no better example to follow or tradi- mocracy for granted. This important day Congress broadened the holiday by renaming tion to live up to. should be preserved and honored at all costs. it Veterans Day to honor American veterans of I urge my colleagues to vote in favor I am a product of America’s veterans and all wars. of this resolution and to retain this fit- have several members of my own family who In Presidential Proclamation 3071, President ting honor for all of our veterans. were veterans of World War II. For them and Dwight D. Eisenhower called on the nation to Mrs. MORELLA. Madam Speaker, I for all the veterans of this great Nation, I op- set aside Veterans Day to ‘‘solemnly remem- yield myself the balance of my time. pose any holiday or Election Day on Veterans ber the sacrifices of all those who fought so The 3 million members of the Amer- Day. That’s why, on March 7, 2001 I intro- valiantly, on the seas, in the air, and on for- ican Legion and the 100,000 members of duced H.R. 934 which ensures that Election eign shores, to preserve our heritage of free- the Noncommissioned Officers Associa- Day never interferes with Veterans Day. dom.’’ He challenged the nation to ‘‘recon- tion support this resolution. It is also It is because of the sacrifices made by our secrate ourselves to the task of promoting an supported by the 370,000 members of veterans for freedom, the flag, and the Amer- enduring peace so that their efforts shall not the Retired Officers Association, the 1 ican people that we are today able to vote, have been in vain.’’ million members of the Disabled Amer- and that I was able to introduce this legislation On Veterans Day we meet that challenge ican Veterans, the 2 million members which provides a greatly needed federal Elec- and honor the 405,399 Americans that lost of the Veterans of Foreign Wars, the tion Day. It establishes Presidential Election their lives in World War II, the 58,198 that lost members of the Vietnam Veterans As- Day on the Tuesday next after the first Mon- their lives in Vietnam, and thousands of others sociation, the members of the Retired day in November in 2004 and each fourth year that lost their lives in all other conflicts. De- Enlisted Association, and the members thereafter, as a legal public holiday. spite the need to protect the purposes of Vet- of AMVETS. This resolution before us today, H. Res. 298 erans Day, the National Commission on Fed- I do again want to thank the gen- expresses the sense of the House that Vet- eral Election Reform recommended that Con- tleman from Nebraska (Mr. TERRY) and erans Day should continue to be observed on gress enact legislation to conduct federal elec- the gentleman from New Jersey (Mr. November 11, as under current law, and sepa- tions on Veterans Day. We must not diminish FRELINGHUYSEN) for introducing this rate from any other federal holiday. This is an the importance of Veterans Day by sharing resolution, as well as the gentleman important message, needed to express to our Veterans Day with any other even which dis- from Indiana (Mr. BURTON), who chairs Nation’s veterans and those across this great tract our attention from the veterans who have the Committee on Government Reform, Nation that we will forever remember and served this country. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8811 Veterans Day is a sacred day to honor vet- SECTION 1. SHORT TITLE. Madam Speaker, H.R. 2305, as amend- erans for their patriotism, love of country and This Act may be cited as the ‘‘Criminal ed, formally establishes the Criminal willingness to make sacrifice for our nation. Justice Coordinating Council Restructuring Justice Coordinating Council, a joint Act of 2001’’. I urge my colleagues to vote for House Res- Federal-local effort designed to foster olution 298 and maintain the integrity of the SEC. 2. AUTHORIZING FEDERAL OFFICIALS AD- MINISTERING CRIMINAL JUSTICE cooperation among the various agen- day set aside to focus the nation’s attention on SYSTEM OF DISTRICT OF COLUMBIA cies that have law enforcement respon- the important sacrifices made by Veterans. TO PARTICIPATE IN CRIMINAL JUS- sibility in our Nation’s capital. I intro- Mr. EVANS. Madam Speaker, I rise in TICE COORDINATING COUNCIL. duced this measure in June of this strong support of House Resolution 298 and (a) IN GENERAL.—Each of the individuals year, was joined by the gentlewoman urge all of my colleagues to support this im- described in subsection (b) is authorized to serve on the District of Columbia Criminal from the District of Columbia (Ms. portant measure. Mr. Speaker the purpose of NORTON) as the original cosponsor of House Resolution 298 is simple, but it is as Justice Coordinating Council, participate in the Council’s activities, and take such other H.R. 2305. The bill was amended in sub- profound as it is simple. actions as may be necessary to carry out the committee, and that is the version that House Resolution 298 expresses the sense individual’s duties as a member of the Coun- we are now considering. of the House of Representatives that Veterans cil. The amended bill authorizes the Day should continue to be observed on No- (b) INDIVIDUALS DESCRIBED.—The individ- heads of six Federal agencies, the vember 11th. In addition, Veterans Day should uals described in this subsection are as fol- Court Services and Offender Super- lows: be observed separate and apart from any vision Agency for the District of Co- other Federal holiday or day for Federal elec- (1) The Director of the Court Services and lumbia, the District of Columbia Pre- tions or national observances. Our nation has Offender Supervision Agency for the District trial Services Agency, the U.S. Attor- a long-standing tradition of honoring our vet- of Columbia. ney for the District, the Bureau of erans on November 11th. As many know, the (2) The Director of the District of Colum- bia Pretrial Services Agency. Prisons, and the U.S. Parole Commis- observance of Veterans Day on November (3) The United States Attorney for the Dis- sion, as well as the U.S. Marshal Serv- 11th has historic significance. On the 11th trict of Columbia. hour of the 11th day of the 11th month, the ice, to meet regularly with District law (4) The Director of the Bureau of Prisons. enforcement officials. It also requires guns used to wage World War I were officially (5) The chair of the United States Parole silenced. This day, Armistice Day, became Commission. the CJCC to submit an annual report known as Veterans Day as our nation recog- (6) The Director of the United States Mar- detailing its activities to the Presi- nized the sacrifice and service of all our Na- shals Service. dent, Congress and the appropriate tion’s veterans. SEC. 3. ANNUAL REPORTING REQUIREMENT FOR Federal and local agencies. Veterans Day should be preserved and con- CRIMINAL JUSTICE COORDINATING The District of Columbia Financial COUNCIL. Responsibility and Management Assist- tinue to be the day our nation pauses to rec- Not later than 60 days after the end of each ognize all veterans. Let us retain November ance Authority, known as the Control calendar year, the District of Columbia Board, originally established the CJCC 11th as Veterans Day and honor all those who Criminal Justice Coordinating Council shall have served our nation in uniform. prepare and submit to the President, Con- 3 years ago through a memorandum of Mrs. MORELLA. Madam Speaker, I gress, and each of the entities of the District agreement. Cooperation between Fed- yield back the balance of my time. of Columbia government and Federal govern- eral and local law enforcement agen- Mr. DAVIS of Illinois. Madam Speak- ment whose representatives serve on the cies has become even more critical in er, I have no further requests for time, Council a report describing the activities recent years because the Federal Gov- and I yield back the balance of my carried out by the Council during the year. ernment has assumed the responsi- time. SEC. 4. FEDERAL CONTRIBUTION FOR COORDI- bility of the District of Columbia The SPEAKER pro tempore (Mrs. NATING COUNCIL. courts and corrections functions under There are authorized to be appropriated for BIGGERT). The question is on the mo- the 1997 Revitalization Act. tion offered by the gentlewoman from fiscal year 2002 and each succeeding fiscal The CJCC is important because it year such sums as may be necessary for a Maryland (Mrs. MORELLA) that the Federal contribution to the District of Co- brings the leaders of all participating House suspend the rules and agree to lumbia to cover the costs incurred by the agencies to the same table. They will the resolution, H. Res. 298. District of Columbia Criminal Justice Co- work at getting rid of the interagency The question was taken. ordinating Council. obstacles that are hindering attain- The SPEAKER pro tempore. In the SEC. 5. DISTRICT OF COLUMBIA CRIMINAL JUS- ment of the District of Columbia’s opinion of the Chair, two-thirds of TICE COORDINATING COUNCIL DE- criminal justice objectives. There are those present have voted in the affirm- FINED. more than 30 law enforcement agencies In this Act, the ‘‘District of Columbia ative. with a presence in the Nation’s Capital. Mr. TERRY. Madam Speaker, on that Criminal Justice Coordinating Council’’ means the entity established by the Council There are 13 governmental agencies I demand the yeas and nays. that have a direct role in the criminal The yeas and nays were ordered. of the District of Columbia under the Crimi- nal Justice Coordinating Council for the Dis- justice activities in the District from The SPEAKER pro tempore. Pursu- trict of Columbia Establishment Act of 2001. arrest and booking to trial and correc- ant to clause 8 of rule XX and the tional supervision. Four of these are Chair’s prior announcement, further The SPEAKER pro tempore. Pursu- proceedings on this motion will be ant to the rule, the gentlewoman from city agencies such as the Metropolitan postponed. Maryland (Mrs. MORELLA) and the gen- Police Department, six are Federal tleman from Illinois (Mr. DAVIS) each agencies such as the Office of the U.S. f will control 20 minutes. Attorney for the District of Columbia. CRIMINAL JUSTICE COORDINATING The Chair recognizes the gentle- And, finally, there are three agencies, COUNCIL RESTRUCTURING ACT woman from Maryland (Mrs. MORELLA). Superior Court, Defender Services, and OF 2001 GENERAL LEAVE Office of the Corrections Trustee that Mrs. MORELLA. Madam Speaker, I Mrs. MORELLA. Madam Speaker, I are local in nature but are funded by move to suspend the rules and pass the ask unanimous consent that all Mem- the Federal Government. bill (H.R. 2305) to require certain Fed- bers may have 5 legislative days within There is plenty of evidence, including eral officials with responsibility for the which to revise and extend their re- recent reports from the GAO and the administration of the criminal justice marks on the legislation under consid- Council for Court Excellence, that system of the District of Columbia to eration, H.R. 2305. shows that these individual agencies of serve on and participate in the activi- The SPEAKER pro tempore. Is there the District of Columbia’s criminal jus- ties of the District of Columbia Crimi- objection to the request of the gentle- tice system are not always working in nal Justice Coordinating Council, and woman from Maryland? concert; and as a result, efforts at re- for other purposes, as amended. There was no objection. form have sometimes stalled. The Clerk read as follows: Some prime examples of the lack of b 1900 H.R. 2305 coordination have been in the area of Be it enacted by the Senate and House of Rep- Mrs. MORELLA. Madam Speaker, I police overtime. According to the Gen- resentatives of the United States of America in yield myself such time as I may con- eral Accounting Office the Metropoli- Congress assembled, sume. tan Police Department continues to H8812 CONGRESSIONAL RECORD — HOUSE December 4, 2001 lose millions of dollars each year be- nation is essential because following nal justice activities between the various fed- cause officers are waiting for court ap- the passage of the District of Columbia eral and D.C. agencies that have responsibility pearances or to consult with the U.S. Revitalization and Self-Government for different aspects of the criminal justice sys- Attorney’s Office. The agencies use 70 Improvement Act in 1997, most of the tem in D.C. This coordination is essential be- different information technology sys- District’s criminal justice entities cause following the passage of the District of tems that are not linked to one an- were either Federal agencies or D.C. Columbia Revitalization and Self Government other. And most tragically, agencies funded by the Federal Govern- Improvement Act (Revitalization Act) in 1997, miscommunication among agencies ment. most of the District’s criminal justice entities have led to mistakes in correctional Currently, there are 13 agencies with are either federal agencies, or D.C. agencies supervision, sometimes with fatal con- responsibility for some aspect of D.C.’s funded by the federal government. In the Revi- sequences. For instance, the killing of criminal justice system. All of these talization Act, the District exchanged its tradi- Bettina Pruckmayr, who was robbed agencies are members of the CJCC, in tional static federal payment for the federal and stabbed 38 times in 1995 by a con- addition to the Mayor’s office and the funding of several functions normally funded victed murderer who should have had Council of the District of Columbia. by states. These functions included such his parole revoked on a drug charge but The goal of the CJCC is to provide a criminal justice matters as prisons, offender for the failures of the criminal justice forum to identify and resolve coordina- supervision, public defender service, and system. This shows a terrible waste of tion issues that arise in the District of courts. human and monetary resources which I Columbia’s criminal justice system and Currently, there are 13 agencies with re- hope will be corrected by the CJCC. to help implement critical justice re- sponsibilities for some aspect of D.C.’s crimi- With proper funding and structure, I forms. nal justice system. These agencies can be believe the Criminal Justice Coordi- The Criminal Justice Coordinating broken down into three categories: (1) D.C. nating Council can be a very useful Council Restructuring Act meets the agencies that are D.C. funded: the Metropoli- tool in fostering interagency coopera- legitimate concerns by District actors tan Police Department, Office of the Corpora- tion. Not only can it assist in making and the CJCC not to become a super tion Counsel, Department of Corrections, and day-to-day operations of the various agency while at the same time ensur- Office of the Chief Medical Examiner; (2) fed- criminal justice agencies more effi- ing that supremacy clauses and fed- eral agencies that are federally funded: the Of- cient, but in doing so the CJCC can eralism notions are respected. Specifi- fice of the U.S. Attorney, the Bureau of Pris- help ensure that broader policy goals cally, the bill recognizes the Criminal ons, the U.S. Marshals Service, the U.S. Pa- such as reducing violent crime and Justice Coordinating Council as the ap- role Commission, Court Services and Offender meting out justice more swiftly are propriate entity set up by District leg- Supervision Agency, D.C. Pretrial Services also accomplished. islation, the Criminal Justice Coordi- Agency; and (3) D.C. agencies that are feder- The language of H.R. 2305, as amend- nating Council for the District of Co- ally funded: the Superior Court, the Public De- ed, reflects the input received from the lumbia Establishment Act of 2001 to co- fender Service and the Office of the Correc- Department of Justice. I thank the De- ordinate criminal justice activities in tions Trustee. All of these agencies are members of the partment for its suggestions. the District. I recognize the gentlewoman from In addition, the bill requires that CJCC in addition to the Mayor’s Office and the Council of the District of Columbia. The goal the District of Columbia (Ms. NORTON) Federal agencies with a role in crimi- of the CJCC is to provide a forum to identify for her support of this legislation; and nal justice matters in the District, in- and resolve coordination issues that arise in I would particularly like to thank the cluding Court Services and Offender the D.C. criminal justice system and to help chairman of the Committee on Govern- Supervision, Pretrial Services Agency, implement criminal justice reforms. ment Reform, the gentleman from In- Office of the U.S. Attorney, the Bureau The Fiscal Year 2000 District of Columbia diana (Mr. BURTON), for his interest in of Prisons and the United States Patrol Appropriations Act mandated that the General issues affecting the District of Colum- Commission, serve on the CJCC, par- Accounting Office (GAO) perform a study to bia and his help in bringing this impor- ticipate in its activities, and take such examine the effectiveness of coordination tant legislation affecting our Nation’s action as may be necessary to fulfill among the various entities charged with the capital expeditiously to the floor. I their duties on the CJCC. operation of the District’s criminal justice sys- also thank the gentleman from Cali- However, in keeping with the man- tem. GAO released its report, entitled D.C. fornia (Mr. WAXMAN) of the full com- dates, no District official can compel a Criminal Justice System: Better Coordination mittee. I urge all Members to support Federal official to take any action. The Needed Among Participating Agencies in H.R. 2305. bill also authorizes Federal funds to March 2001. Madam Speaker, I reserve the bal- carry out the duties of the CJCC. This On May 11, 2001, the D.C. Subcommittee ance of my time. measure will strengthen and enhance held an oversight hearing to examine the co- Mr. DAVIS of Illinois. Madam Speak- the CJCC as a vital coordination entity ordination of criminal justice activities in the er, I yield myself such time as I may for the District’s multi-jurisdictional District of Columbia and the GAO report. consume. criminal justice system. GAO found that the CJCC is the ‘‘primary Madam Speaker, I rise in strong sup- Madam Speaker, I again thank the venue in which D.C. criminal justice agencies port of H.R. 2305, the Criminal Justice gentlewoman from Maryland (Mrs. can identify and address interagency coordina- Coordinating Council Restructuring MORELLA) for her work in bringing this tion issues.’’ The CJCC has worked on many Act of 2001, a bill to strengthen the important legislation to the floor. I such issues, including positive identification of District of Columbia’s Criminal Justice urge its passage. arrestees, halfway house operations, and drug Coordinating Council by ensuring Fed- Madam Speaker, I include for the treatment of defendants. GAO praised the eral participation and funds. RECORD the statement of the gentle- CJCC for its work on coordination projects I also thank the Chair of the D.C. woman from the District of Columbia where all participants stood to gain, such as subcommittee, the gentlewoman from (Ms. NORTON). data sharing and technology issues among Maryland (Mrs. MORELLA), for working Ms. NORTON. Madam Speaker, I rise in agencies. However, GAO found that the CJCC closely with the ranking member, the strong support of H.R. 2305, the Criminal Jus- was less successful on projects where one gentlewoman from the District of Co- tice Coordinating Council Restructuring Act of agency stood to gain at the expense of an- lumbia (Ms. NORTON), to develop this 2001, a bill to strengthen the District of Colum- other, because the CJCC operates by the con- measure. bia Criminal Justice Coordinating Council by sent of the members and does not contain an In 1998, the District of Columbia’s fi- ensuring federal participation and funds. I enforcement mechanism. nancial authority created the D.C. want to thank the Chair of the D.C. Sub- GAO cited numerous projects where poor Criminal Justice Coordinating Council. committee, Representative CONNIE MORELLA, coordination led to inefficient operations and The goal of the CJCC was to coordinate for working closely with me to develop this poor program performance. One example dis- criminal justice activities between the measure. cussed at length in GAO report is case proc- various Federal and D.C. agencies that In 1998, the District of Columbia Financial essing. In the District of Columbia, as many as have responsibility for different as- Authority (control board) created the D.C. six agencies are responsible for processing a pects of the criminal justice system in Criminal Justice Coordinating Council (CJCC). case before a court appearance on a felony the District of Columbia. This coordi- The goal of the CJCC was to coordinate crimi- charge can occur. Unlike many jurisdictions, December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8813 the U.S. Attorney’s office requires officers to council is that it remain a council of inde- the rules were suspended and the bill, meet with prosecutors personally before they pendent agencies who are able to recognize as amended, was passed. determine whether to charge an arrestee with their responsibilities to different funding au- The title of the bill was amended so a felony or misdemeanor. GAO found that dur- thorities.’’ as to read: ‘‘A bill to authorize certain ing 1999, the equivalent of 23 full time officers Finally, former U.S. Attorney Wilma Lewis Federal officials with responsibility for were devoted to these appearances, reducing offered the following criticism of GAO’s rec- the administration of the criminal jus- the number of officers on patrol. ommendation: ‘‘I have some concern about tice system of the District of Columbia GAO cautioned that although the CJCC had your proposal that Congress ‘consider requir- to serve on and participate in the ac- been funded by the D.C. control board, the ing that all D.C. criminal justice initiatives that tivities of the District of Columbia board did not include funding for the CJCC in could potentially involve more than one agen- Criminal Justice Coordinating Council, the District’s Fiscal Year 2001 budget. The cy be coordinated through the new inde- and for other purposes.’’. last remaining staff person, working almost ex- pendent entity’ . . . I question whether such A motion to reconsider was laid on clusively on technology issues, was funded by review is necessary for all initiatives that could the table. potentially involve more than one agency. a grant. GAO recommended that ‘‘Congress f . . . consider funding CJCC—with its own di- Given the interrelatedness of agencies in our rector and staff—to help coordinate the D.C. system, it is difficult to think of any initiative— ANNOUNCEMENT BY THE SPEAKER criminal justice system, and to require CJCC no matter how limited in scope or applica- PRO TEMPORE to report annually to Congress, the Attorney tion—that would not fit that definition and re- The SPEAKER pro tempore. Pursu- quire review by that entity. As such, I am con- General, and the D.C. Mayor.’’ ant to clause 8 of rule XX, the Chair cerned that such a requirement would be In addition, GAO found that as of November will now put the question on three mo- counterproductive, as it would hamstring each 2000, the CJCC and other agencies reported tions to suspend the rules on which fur- agency’s ability to implement policies and ‘‘93 initiatives for improving the operation of ther proceedings were postponed ear- practices within its appropriate sphere of activ- the [D.C. criminal justice] system.’’ Although lier today. The remaining questions GAO stipulated that many of these coordina- ity.’’ The Criminal Justice Coordinating Council postponed earlier today will be taken tion projects are ongoing and therefore cannot tomorrow. yet be fully evaluated, it found that of the 93 Restructuring Act meets these concerns of District actors while at the same time ensuring Votes will be taken in the following current projects there were 62 instances order: where participating agencies did not agree on that supremacy clause and federalism notions are respected. Specifically, the bill recognizes H.R. 3323, by the yeas and nays; the initiative’s goals (11 instances), status (10 H.R. 3391, by the yeas and nays; instances), starting date (1 instance), partici- the Criminal Justice Coordinating Council (CJCC) as the appropriate entity set up by S. 494, by the yeas and nays. pating agencies (22 instances), or results to The Chair will reduce to 5 minutes date (18 instances). District legislation (the Criminal Justice Coordi- nating Council for the District of Columbia Es- the time for any electronic vote after Several of the CJCC members disputed the first such vote in this series. these findings, explaining that GAO did not ex- tablishment Act of 2001) to coordinate criminal amine closely enough the actual work per- justice activities in the District. In addition, the f formed on these projects and merely relied on bill requires that federal agencies with a role in criminal justice matters in the District, in- ADMINISTRATIVE SIMPLIFICATION summaries provided by the participants that COMPLIANCE ACT may have appeared inconsistent. However, cluding Court Services and Offender Super- GAO found that ‘‘this lack of agreement under- vision (CSOSA), Pretrial Services Agency, Of- The SPEAKER pro tempore. The scores a lack of coordination among the par- fice of the U.S. Attorney, the Bureau of Pris- pending business is the question of sus- ticipating agencies that could reduce the effec- ons, and the United States Parole Commis- pending the rules and passing the bill, tiveness of these initiatives.’’ GAO therefore sion, serve on the CJCC, to participate in its H.R. 3323, as amended. recommended that Congress require all D.C. activities and take such action as may be nec- The Clerk read the title of the bill. criminal justices agencies to report multi-agen- essary to fulfill their duties on the CJCC. How- The SPEAKER pro tempore. The cy activities to the CJCC, which would serve ever, no District official can compel a federal question is on the motion offered by as a ‘‘clearinghouse’’ for these initiatives. official to take any action. The bill also author- the gentleman from Louisiana (Mr. Although members of the CJCC agree that izes federal funds to carry out the duties of the TAUZIN) that the House suspend the coordination among the various agencies that CJCC. rules and pass the bill, H.R. 3323, as This measure will strengthen and enhance have responsibility for the District’s criminal amended, on which the yeas and nays the CJCC as a vital coordination entity for the justice system needs to be improved, several are ordered. District’s multi-jurisdictional criminal justice members disagreed with GAO’s recommenda- The vote was taken by electronic de- system. I once again thank Chairwoman tion for a congressionally created and funded vice, and there were—yeas 410, nays 0, MORELLA for her leadership in bringing this im- entity to oversee coordination and reform ini- not voting 23, as follows: portant legislation to the floor. I urge its pas- tiatives. [Roll No. 466] sage. For example, Deputy Mayor Margaret Mr. DAVIS of Illinois. Madam Speak- YEAS—410 Nedelkoff Kellems, formerly the Executive Di- er, I yield back the balance of my time. Abercrombie Boehlert Chabot rector of the CJCC, wrote in response to the Mrs. MORELLA. Madam Speaker, I Ackerman Boehner Chambliss GAO report, ‘‘It has been my experience [how- Aderholt Bonilla Clay yield myself such time as I may con- Akin Bonior Clayton ever] that to the extent that reforms have sume. Allen Bono Clement taken root in the District through the CJCC, it Madam Speaker, I commend the gen- Andrews Boozman Clyburn has been not only because of coordination re- tlewoman from the District of Colum- Armey Borski Coble Baca Boswell Collins sources, but equally because the member bia (Ms. NORTON) for joining with me in Bachus Boucher Combest agencies have felt ownership over the body. this important act, and I thank the Baird Boyd Condit As reporting to the new entity you describe gentleman from Illinois (Mr. DAVIS) for Baker Brady (PA) Conyers becomes a requirement, criminal justice agen- Baldacci Brown (OH) Cooksey being a floor manager and for being so Baldwin Brown (SC) Costello cies might perceive it to be threatening and re- supportive of this legislation. I urge Ballenger Bryant Cox spond on a perfunctory basis. Nevertheless, I this body to endorse this bill by its Barcia Burr Coyne concur in your basic premise that there must vote. Barrett Burton Cramer Bartlett Buyer Crane be a coordinating organization and it must Madam Speaker, I yield back the bal- Barton Callahan Crenshaw have dedicated resources.’’ ance of my time. Bass Calvert Crowley Similarly, Superior Court Chief Judge Rufus The SPEAKER pro tempore (Mrs. Becerra Camp Culberson King wrote, ‘‘it is important that any successor BIGGERT). The question is on the mo- Bentsen Cannon Cummings Bereuter Cantor Cunningham [to the CJCC] not become a ‘‘superagency’’ tion offered by the gentlewoman from Berkley Capito Davis (CA) which dictates to the different criminal justice Maryland (Mrs. MORELLA) that the Berry Capps Davis (FL) agencies what the agenda should be or how House suspend the rules and pass the Biggert Capuano Davis (IL) problems which involve more than one agency Bilirakis Cardin Davis, Jo Ann bill, H.R. 2305, as amended. Bishop Carson (IN) Davis, Tom should be approached . . . The most impor- The question was taken; and (two- Blumenauer Carson (OK) Deal tant thing to preserve in any newly constituted thirds having voted in favor thereof) Blunt Castle DeGette H8814 CONGRESSIONAL RECORD — HOUSE December 4, 2001 Delahunt Johnson (IL) Pastor Udall (CO) Watkins (OK) Wicker Diaz-Balart Kaptur Petri DeLauro Johnson, E. B. Paul Udall (NM) Watson (CA) Wilson Dicks Keller Phelps DeLay Johnson, Sam Payne Upton Watt (NC) Wolf Dingell Kelly Pickering DeMint Jones (NC) Pence Velazquez Watts (OK) Woolsey Doggett Kennedy (MN) Pitts Deutsch Kanjorski Peterson (MN) Visclosky Weiner Wu Dooley Kennedy (RI) Platts Diaz-Balart Kaptur Peterson (PA) Vitter Weldon (FL) Wynn Doolittle Kerns Pombo Dicks Keller Petri Walden Weldon (PA) Young (AK) Doyle Kildee Pomeroy Dingell Kelly Phelps Walsh Weller Young (FL) Dreier Kilpatrick Portman Doggett Kennedy (MN) Pickering Wamp Wexler Duncan Kind (WI) Price (NC) Dooley Kennedy (RI) Pitts Waters Whitfield Dunn King (NY) Pryce (OH) Doolittle Kerns Platts Edwards Kingston Putnam Doyle Kildee Pombo NOT VOTING—23 Ehlers Kirk Rahall Dreier Kilpatrick Pomeroy Barr Houghton Quinn Ehrlich Kleczka Ramstad Duncan Kind (WI) Portman Berman Istook Radanovich Emerson Knollenberg Rangel Dunn King (NY) Price (NC) Blagojevich Jones (OH) Reyes English Kolbe Regula Edwards Kingston Pryce (OH) Brady (TX) Kucinich Riley Eshoo LaFalce Rehberg Ehlers Kirk Putnam Brown (FL) LaTourette Roukema Etheridge LaHood Reynolds Ehrlich Kleczka Rahall Cubin McKinney Rush Evans Lampson Rivers Emerson Knollenberg Ramstad DeFazio Meehan Waxman Everett Langevin Rodriguez English Kolbe Rangel Engel Pelosi Farr Lantos Roemer Eshoo LaFalce Regula Fattah Largent Rogers (KY) Etheridge LaHood Rehberg b 1935 Ferguson Larsen (WA) Rogers (MI) Evans Lampson Reynolds Filner Larson (CT) Rohrabacher Everett Langevin Rivers Mr. PAUL changed his vote from Flake Latham Ros-Lehtinen Farr Lantos Rodriguez ‘‘nay’’ to ‘‘yea’’. Fletcher Leach Ross Fattah Largent Roemer So (two-thirds having voted in favor Foley Lee Rothman Forbes Levin Roybal-Allard Ferguson Larsen (WA) Rogers (KY) thereof) the rules were suspended and Filner Larson (CT) Rogers (MI) Ford Lewis (CA) Royce Flake Latham Rohrabacher the bill, as amended, was passed. Fossella Lewis (GA) Ryan (WI) Fletcher Leach Ros-Lehtinen The result of the vote was announced Frank Lewis (KY) Ryun (KS) Foley Lee Ross Frelinghuysen Linder Sabo as above recorded. Frost Lipinski Sanchez Forbes Levin Rothman A motion to reconsider was laid on Gallegly LoBiondo Sanders Ford Lewis (CA) Roybal-Allard Ganske Lofgren Sandlin Fossella Lewis (GA) Royce the table. Gekas Lowey Sawyer Frank Lewis (KY) Ryan (WI) Stated for: Gephardt Lucas (KY) Saxton Frelinghuysen Linder Ryun (KS) Mr BRADY of Texas. Mr. Speaker, on roll- Gibbons Lucas (OK) Schaffer Frost Lipinski Sabo Gilchrest Luther Schakowsky Gallegly LoBiondo Sanchez call No. 466, I was inadvertedly detained. Had Gillmor Lynch Schiff Ganske Lofgren Sanders I been present, I would have voted ‘‘yea.’’ Gilman Maloney (CT) Schrock Gekas Lowey Sandlin Gonzalez Maloney (NY) Scott Gephardt Lucas (KY) Sawyer f Goode Manzullo Sensenbrenner Gibbons Lucas (OK) Saxton Goodlatte Markey Serrano Gilchrest Luther Schaffer MEDICARE REGULATORY AND CONTRACTING REFORM ACT OF Gordon Mascara Sessions Gillmor Lynch Schakowsky Goss Matheson Shadegg Gilman Maloney (CT) Schiff 2001 Graham Matsui Shays Gonzalez Maloney (NY) Schrock The SPEAKER pro tempore (Mr. Granger McCarthy (MO) Sherman Goode Manzullo Scott Graves McCarthy (NY) Sherwood Goodlatte Markey Sensenbrenner CULBERSON). The pending business is Green (TX) McCollum Shimkus Gordon Mascara Serrano the question of suspending the rules Green (WI) McCrery Shows Goss Matheson Sessions and passing the bill, H.R. 3391. Greenwood McDermott Shuster Graham Matsui Shadegg Grucci McGovern Simmons Granger McCarthy (MO) Shaw The Clerk read the title of the bill. Gutierrez McHugh Simpson Graves McCarthy (NY) Shays The SPEAKER pro tempore. The Gutknecht McInnis Skeen Green (TX) McCollum Sherman question is on the motion offered by Hall (OH) McIntyre Skelton Green (WI) McCrery Sherwood the gentlewoman from Connecticut Hall (TX) McKeon Slaughter Greenwood McDermott Shimkus Hansen McNulty Smith (MI) Grucci McGovern Shows (Mrs. JOHNSON) that the House suspend Harman Meek (FL) Smith (NJ) Gutierrez McHugh Shuster the rules and pass the bill, H.R. 3391, on Hart Meeks (NY) Smith (TX) Gutknecht McInnis Simmons which the yeas and nays are ordered. Hastings (FL) Menendez Smith (WA) Hall (OH) McIntyre Simpson Hastings (WA) Mica Snyder Hall (TX) McKeon Skeen This is a 5-minute vote. Hayes Millender- Solis Hansen McNulty Skelton The vote was taken by electronic de- Hayworth McDonald Souder Harman Meek (FL) Slaughter vice, and there were—yeas 408, nays 0, Hefley Miller, Dan Spratt Hart Meeks (NY) Smith (MI) not voting 25, as follows: Herger Miller, Gary Stark Hastings (FL) Menendez Smith (NJ) Hill Miller, George Stearns Hastings (WA) Mica Smith (TX) [Roll No. 467] Hilleary Miller, Jeff Stenholm Hayes Millender- Smith (WA) YEAS—408 Hilliard Mink Strickland Hayworth McDonald Snyder Hinchey Mollohan Stump Hefley Miller, Dan Solis Abercrombie Bonilla Clayton Hinojosa Moore Stupak Herger Miller, Gary Souder Ackerman Bonior Clement Hobson Moran (KS) Sununu Hill Miller, George Spratt Aderholt Bono Clyburn Hoeffel Moran (VA) Sweeney Hilleary Miller, Jeff Stark Akin Boozman Coble Hoekstra Morella Tancredo Hilliard Mink Stearns Allen Borski Collins Holden Murtha Tanner Hinchey Mollohan Stenholm Andrews Boswell Combest Holt Myrick Tauscher Hinojosa Moore Strickland Armey Boucher Condit Honda Nadler Tauzin Hobson Moran (KS) Stump Baca Boyd Conyers Hooley Napolitano Taylor (MS) Hoeffel Moran (VA) Stupak Bachus Brady (PA) Cooksey Horn Neal Taylor (NC) Hoekstra Morella Sununu Baird Brady (TX) Costello Hostettler Nethercutt Terry Holden Murtha Sweeney Baker Brown (OH) Cox Hoyer Ney Thomas Holt Myrick Tancredo Baldacci Brown (SC) Coyne Hulshof Northup Thompson (CA) Honda Nadler Tanner Baldwin Bryant Cramer Hunter Norwood Thompson (MS) Hooley Napolitano Tauscher Ballenger Burr Crane Hyde Oberstar Thornberry Horn Neal Tauzin Barcia Burton Crenshaw Inslee Obey Thune Hostettler Nethercutt Taylor (MS) Barrett Buyer Crowley Isakson Olver Thurman Hoyer Ney Taylor (NC) Bartlett Callahan Culberson Israel Ortiz Tiahrt Hulshof Northup Terry Barton Calvert Cummings Issa Osborne Tiberi Hunter Norwood Thomas Bass Camp Cunningham Jackson (IL) Ose Tierney Hyde Nussle Thompson (CA) Becerra Cannon Davis (CA) Jackson-Lee Otter Toomey Inslee Oberstar Thompson (MS) Bentsen Cantor Davis (FL) (TX) Owens Towns Isakson Obey Thornberry Bereuter Capito Davis (IL) Jefferson Oxley Traficant Israel Olver Thune Berkley Capps Davis, Jo Ann Jenkins Pallone Turner Issa Ortiz Thurman Berry Capuano Davis, Tom John Pascrell Udall (CO) Jackson (IL) Osborne Tiahrt Biggert Cardin Deal Johnson (CT) Pastor Udall (NM) Jackson-Lee Ose Tiberi Bilirakis Carson (IN) DeGette Johnson (IL) Paul Upton (TX) Otter Tierney Bishop Carson (OK) Delahunt Johnson, E. B. Payne Velazquez Jefferson Owens Toomey Blumenauer Castle DeLauro Johnson, Sam Pence Visclosky Jenkins Oxley Towns Blunt Chabot DeLay Jones (NC) Peterson (MN) Vitter John Pallone Traficant Boehlert Chambliss DeMint Kanjorski Peterson (PA) Walden Johnson (CT) Pascrell Turner Boehner Clay Deutsch December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8815 Walsh Weiner Wolf Diaz-Balart Kelly Pitts Weiner Whitfield Wu Wamp Weldon (FL) Woolsey Dicks Kennedy (MN) Platts Weldon (FL) Wicker Wynn Waters Weldon (PA) Wu Dingell Kennedy (RI) Pombo Weldon (PA) Wilson Young (AK) Watkins (OK) Wexler Wynn Doggett Kerns Portman Weller Wolf Young (FL) Watson (CA) Whitfield Young (AK) Dooley Kildee Price (NC) Wexler Woolsey Watt (NC) Wicker Young (FL) Doolittle Kind (WI) Pryce (OH) NAYS—11 Watts (OK) Wilson Doyle King (NY) Putnam Dreier Kingston Rahall Akin Deal Schaffer NOT VOTING—25 Duncan Kirk Ramstad Berry Goode Sensenbrenner Barr Jones (OH) Reyes Dunn Kleczka Rangel Coble Hostettler Taylor (MS) Berman Kucinich Riley Edwards Knollenberg Regula Collins Paul Blagojevich LaTourette Roukema Ehlers Kolbe Rehberg NOT VOTING—26 Brown (FL) McKinney Rush Ehrlich LaFalce Reynolds Cubin Meehan Shaw Emerson LaHood Rivers Barr Istook Quinn DeFazio Nussle Waxman English Lampson Rodriguez Berman Jones (OH) Radanovich Engel Pelosi Weller Eshoo Langevin Roemer Blagojevich Kilpatrick Reyes Houghton Quinn Etheridge Lantos Rogers (KY) Brown (FL) Kucinich Riley Istook Radanovich Evans Largent Rogers (MI) Buyer LaTourette Roukema Everett Larsen (WA) Rohrabacher Cubin McKinney Rush b 1946 Farr Larson (CT) Ros-Lehtinen DeFazio Meehan Shaw Fattah Latham Ross Engel Pelosi Waxman So (two-thirds having voted in favor Ferguson Leach Rothman Houghton Pomeroy thereof) the rules were suspended and Filner Lee Roybal-Allard b 1954 the bill was passed. Flake Levin Royce The result of the vote was announced Fletcher Lewis (CA) Ryan (WI) Mr. BERRY changed his vote from Foley Lewis (GA) Ryun (KS) as above recorded. ‘‘yea’’ to ‘‘nay.’’ Forbes Lewis (KY) Sabo So (two-thirds having voted in favor A motion to reconsider was laid on Ford Linder Sanchez the table. Fossella Lipinski Sanders thereof) the rules were suspended and Stated for: Frank LoBiondo Sandlin the Senate bill, as amended, was Frelinghuysen Lofgren Sawyer passed. Mr. WELLER. Mr. Speaker on rollcall No. Frost Lowey Saxton The result of the vote was announced 767 I was unavoidably detained. Had I been Gallegly Lucas (KY) Schakowsky as above recorded. present, I would have voted ‘‘yea.’’ Ganske Lucas (OK) Schiff Gekas Luther Schrock A motion to reconsider was laid on Mr. NUSSLE. Mr. Speaker, on rollcall No. Gephardt Lynch Scott the table. 467 I was unavoidably detained. Had I been Gibbons Maloney (CT) Serrano f present, I would have voted ‘‘yea.’’ Gilchrest Maloney (NY) Sessions Gillmor Manzullo Shadegg MAKING IN ORDER MOTIONS TO f Gilman Markey Shays Gonzalez Mascara Sherman SUSPEND THE RULES ON ZIMBABWE DEMOCRACY AND Goodlatte Matheson Sherwood WEDNESDAY, DECEMBER 5, 2001 ECONOMIC RECOVERY ACT OF 2001 Gordon Matsui Shimkus Mr. NUSSLE. Madam Speaker, I ask Goss McCarthy (MO) Shows The SPEAKER pro tempore (Mrs. Graham McCarthy (NY) Shuster unanimous consent that it be in order BIGGERT). The pending business is the Granger McCollum Simmons at any time on the legislative day of question of suspending the rules and Graves McCrery Simpson Wednesday, December 5, 2001, for the Green (TX) McDermott Skeen Speaker to entertain motions that the passing the Senate bill, S. 494, as Green (WI) McGovern Skelton amended. Greenwood McHugh Slaughter House suspend the rules relating to the The Clerk read the title of the Senate Grucci McInnis Smith (MI) following measures: H. Con. Res. 232, Gutierrez McIntyre Smith (NJ) H.R. 3248, H. Con. Res. 280, H.R. 3322, bill. Gutknecht McKeon Smith (TX) The SPEAKER pro tempore. The Hall (OH) McNulty Smith (WA) H.R. 2238, H.R. 2115 and H.R. 2538. question is on the motion offered by Hall (TX) Meek (FL) Snyder The SPEAKER pro tempore. Is there the gentleman from California (Mr. Hansen Meeks (NY) Solis objection to the request of the gen- Harman Menendez Souder ROYCE) that the House suspend the tleman from Iowa? Hart Mica Spratt There was no objection. rules and pass the Senate bill, S. 494, as Hastings (FL) Millender- Stark amended, on which the yeas and nays Hastings (WA) McDonald Stearns f Hayes Miller, Dan Stenholm are ordered. Hayworth Miller, Gary Strickland ELECTION OF MEMBER TO CER- This will be a 5-minute vote. Hefley Miller, George Stump TAIN STANDING COMMITTEES OF The vote was taken by electronic de- Herger Miller, Jeff Stupak THE HOUSE vice, and there were—yeas 396, nays 11, Hill Mink Sununu Hilleary Mollohan Sweeney Mr. NUSSLE. Madam Speaker, I offer not voting 26, as follows: Hilliard Moore Tancredo a resolution (H. Res. 301) and I ask [Roll No. 468] Hinchey Moran (KS) Tanner unanimous consent for its immediate Hinojosa Moran (VA) Tauscher YEAS—396 Hobson Morella Tauzin consideration. Abercrombie Bonilla Clay Hoeffel Murtha Taylor (NC) The Clerk read the resolution, as fol- Ackerman Bonior Clayton Hoekstra Myrick Terry lows: Aderholt Bono Clement Holden Nadler Thomas H. RES. 301 Allen Boozman Clyburn Holt Napolitano Thompson (CA) Andrews Borski Combest Honda Neal Thompson (MS) Resolved, That the following Member be Armey Boswell Condit Hooley Nethercutt Thornberry and is hereby elected to the following stand- Baca Boucher Conyers Horn Ney Thune ing committees of the House of Representa- Bachus Boyd Cooksey Hoyer Northup Thurman tives: Baird Brady (PA) Costello Hulshof Norwood Tiahrt Transportation and Infrastructure: Mr. Baker Brady (TX) Cox Hunter Nussle Tiberi Boozman. Baldacci Brown (OH) Coyne Hyde Oberstar Tierney Veterans’ Affairs: Mr. Boozman. Baldwin Brown (SC) Cramer Inslee Obey Toomey Ballenger Bryant Crane Isakson Olver Towns The SPEAKER pro tempore. Is there Barcia Burr Crenshaw Israel Ortiz Traficant objection to the request of the gen- Barrett Burton Crowley Issa Osborne Turner tleman from Iowa? Bartlett Callahan Culberson Jackson (IL) Ose Udall (CO) Barton Calvert Cummings Jackson-Lee Otter Udall (NM) There was no objection. Bass Camp Cunningham (TX) Owens Upton The resolution was agreed to. Becerra Cannon Davis (CA) Jefferson Oxley Velazquez A motion to reconsider was laid on Bentsen Cantor Davis (FL) Jenkins Pallone Visclosky the table. Bereuter Capito Davis (IL) John Pascrell Vitter Berkley Capps Davis, Jo Ann Johnson (CT) Pastor Walden f Biggert Capuano Davis, Tom Johnson (IL) Payne Walsh Bilirakis Cardin DeGette Johnson, E. B. Pence Wamp APPOINTMENT AS MEMBER OF AD- Bishop Carson (IN) Delahunt Johnson, Sam Peterson (MN) Waters VISORY COMMITTEE ON STU- Blumenauer Carson (OK) DeLauro Jones (NC) Peterson (PA) Watkins (OK) DENT FINANCIAL ASSISTANCE Blunt Castle DeLay Kanjorski Petri Watson (CA) Boehlert Chabot DeMint Kaptur Phelps Watt (NC) The SPEAKER pro tempore. Without Boehner Chambliss Deutsch Keller Pickering Watts (OK) objection, pursuant to section 491 of H8816 CONGRESSIONAL RECORD — HOUSE December 4, 2001 the Higher Education Act (20 U.S.C. Madam Speaker, this Thursday’s and then the farmers, they get taken in 1098(c)), and upon the recommendation vote on Fast Track is an ill-timed at- every time on these things, not all of of the majority leader, the Chair an- tempt to force a divisive issue on our them. Some of them have figured it nounces the Speaker’s appointment of Nation when we least can afford it. out, but the numbers prove what we the following Member on the part of Last week, the United States was offi- have been saying all along: these trade the House to the Advisory Committee cially declared in recession. Job losses policies are not good for our agri- on Student Financial Assistance for a are skyrocketing as a result of the fal- culture community. 3-year term to fill the existing vacancy tering economy and the September 11 I say to my colleagues, the timing of thereon: attacks. Workers are unsure of their the Fast Track bill puts many U.S. Ms. Norine Fuller, Arlington, Vir- jobs and unsure of their futures. farm bills in jeopardy once again, and ginia. Meanwhile, nothing, absolutely noth- the administration’s willingness to put There was no objection. ing, has been done to help these work- our trade laws on the table after the ers. The Republican leadership has f recent WTO ministerial shows our blocked effort after effort to address farmers have just as much to lose as SPECIAL ORDERS these most important questions that every other worker in this country. The SPEAKER pro tempore. Under affect working men and women in this Madam Speaker, I ask that my col- the Speaker’s announced policy of Jan- country. A meaningful improvement of leagues look seriously at the proposal uary 3, 2001, and under a previous order unemployment compensation laws, any that the gentleman from California of the House, the following Members attempt to help expand health care for (Mr. THOMAS) is bringing to the floor. will be recognized for 5 minutes each. those who are out of work, and any It is flawed. It does not deal with work- other assistance that these worker des- er rights, environmental rights, farmer f perately need, we have tried repeatedly rights; and the upshot of all of this is MIAMI WELCOMES DOLE FRESH month after month to get the leader- that we will give away much of our au- FLOWERS ship on the other side of the aisle to thority and power in the United States address these questions; and nothing The SPEAKER pro tempore. Under a House of Representatives and in the has come from our efforts. previous order of the House, the gentle- other body to deal fairly and ade- What the Republican leadership has quately and substantively with trade woman from Florida (Ms. ROS- done is use every opportunity available laws that will affect not only those LEHTINEN) is recognized for 5 minutes. to spend billions of dollars in corporate Ms. ROS-LEHTINEN. Madam Speak- areas, labor, environment, agriculture, tax benefits at the expense of working but a whole host of other areas that af- er, on December 9 of this year, approxi- men and women in this country. We mately 300 employees will move into fect the American public. are waging war abroad, and we are I ask my colleagues to stand with us the newly-built world headquarters of united in that; but what is happening Dole Fresh Flowers in Miami’s Inter- as we fight this ill-conceived idea of in this country is that the leadership of Fast Track. national Corporate Park. the Republican Party is waging war on f Miami has historically been the U.S. the workers of this country. gateway for the floral industry, since This push for Fast Track is no dif- The SPEAKER pro tempore (Mr. the majority of flowers for commercial ferent. Our flawed trade policies of the SCHROCK). Under a previous order of use are grown just south of us in South last decade have had a devastating toll the House, the gentleman from Indiana America. on American workers. Since 1994, three (Mr. PENCE) is recognized for 5 min- Dole entered the flower business just million U.S. jobs have evaporated as a utes. 2 years ago, bringing to this industry direct result of our failed trade poli- (Mr. PENCE addressed the House. His 150 years’ experience in growing, ship- cies. remarks will appear hereafter in the ping, and marketing fresh produce In my home State of Michigan, over Extensions of Remarks.) around the world. 150,000 jobs have been lost. Thousands f Dole consolidated four companies of workers around the country are OPPOSE FAST TRACK into a single entity, to be housed on 17 struggling to keep their jobs right now. acres of land in a state-of-the-art facil- They are in danger of becoming tomor- The SPEAKER pro tempore. Under a ity measuring 328,000 square feet. Near- row’s job-loss statistics. previous order of the House, the gen- ly 3 million stems of flowers will pass It is time we reversed this trend. It is tleman from Massachusetts (Mr. through the facility every day during time we woke up and dealt with the LYNCH) is recognized for 5 minutes. this holiday season alone. crisis that is affecting millions of Mr. LYNCH. Mr. Speaker, I am in- Employees have been eagerly await- American workers and their families deed new to this body; but I am by no ing the move to this efficient and beau- today. No money and unemployment means new to this issue. Prior to the tiful new home since its comp to pay for the rent, to pay for the great honor of serving in this body as groundbreaking last April. mortgage, to pay for education, to pay the elected representative of the 9th Congressional District, I served as an b 2000 for food. No resources for health care, for members of the workforce or their iron worker for 18 years. I worked in Miami, and indeed all of our State of families. the Quincy shipyard just outside of Florida, is enthusiastic about having We do not need more job losses. We Boston. I worked in the steel mills in this worldwide brand Dole in our com- do not need more corporate giveaways, Michigan and Illinois, worked in munity. and we certainly do not need Fast United Auto Workers plants in Fra- Welcome home, felicidades. Track. mingham, Massachusetts, and again in f I want to thank my colleague, the Michigan. gentleman from Ohio (Mr. BROWN), for I have seen a lot of those jobs and a PASSAGE OF FAST TRACK organizing this important discussion lot of those plants where I worked at LEGISLATION which we will have a little later on this one time disappear. I have seen them The SPEAKER pro tempore (Mrs. floor tonight and for his work to high- relocated. Good, highly skilled, well- BIGGERT). Under a previous order of the light the efforts of Fast Track will paying jobs moved mostly to Mexico, House, the gentleman from Michigan have on all of our workers, including but to other countries as well, in a race (Mr. BONIOR) is recognized for 5 min- our farmers. Madam Speaker, many to find the lowest-paid worker and the utes. farmers are already reeling from bad least-strong labor standards and envi- Mr. BONIOR. Madam Speaker, I con- trade deals. It is the same tune; it is ronmental standards. gratulate the flower company for locat- the same song every time we get one of First of all, I want to congratulate ing in Miami, but I would like to tell these things. Whether it is NAFTA or the gentleman from Michigan (Mr. my friends that the bloom is off the WTO or China, they come and they will BONIOR), as well as the gentleman from rose here on Fast Track coming up this offer the world, they will tell people Missouri (Mr. GEPHARDT) and my own Thursday. they will fix this and they will fix that; predecessor, John Joseph Moakley December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8817 from Massachusetts, for their great on the ground in Afghanistan to re- We have seen the United States has lost work in fighting against this so-called store and to preserve peace at home, millions of dollars to corporations who have Fast Track and also against NAFTA, we are seeing through this Fast Track successfully sued States under NAFTA’s which has served to really lower the legislation the derogation of the very Chapter 11 bylaws claiming that government working standards in some foreign powers that they seek to protect. I ask efforts to improve environmental standards im- countries that we are now dealing with my colleagues to join me in opposing peded company rights. These are cases not as a result of NAFTA and which we this Fast Track. decided in Federal court but in a NAFTA tri- seek to expand through this Fast Now, this body stands to turn its back again bunal—again—behind closed doors. The State Track legislation. on the American working men and women by of California stands to lose $1 billion to the The proponents of this bill say that engaging in this Fast-Track procedure. Methanex Company for trying to enforce laws this is dearly tied to our fight against I am new to public service, prior to the privi- that keep poisonous carcinogens out of gaso- terrorism, but that cannot be further lege of my office now, I was an ironworker for line. from the truth. The truth is, however, 18 years; I worked at the Quincy shipyard just In contrast we have seen what NAFTA has that Fast Track would do nothing to outside of Boston, Steel Mills in Indiana, and done for families, workers and the environ- address America’s security and eco- GM plants in Framingham, and in Michigan. ment. nomic needs in the wake of September I’ve seen those jobs disappear with thousands The impact of NAFTA on American jobs and 11. It neither rebuilds, nor does it re- of others because companies could exploit worker’s rights in member nations is astound- store the healing that is necessary to low-wage labor through unfair foreign competi- ing. In the 8 years of its existence, Trade Ad- occur in this country. tion. So, as you can see, I am not new to this justment Assistance has tallied 800,000 Amer- What this does do is create what is in issue. ican workers who have lost skilled, well-paid effect a silent auction, and what is The proponents of this bill, the President, jobs to import competition under NAFTA, the being auctioned off here is first of all Trade Representative Bob Zoellick, and oth- threat of factory relocations holds down wages Congress’ responsibility to deal with ers, seek to link Fast Track to our Nation’s for tens of thousands more. foreign trade. The United States Con- antiterrorism efforts. At times, claiming that not Those who have lost their jobs are working, stitution says that it requires that to support this bill is to be less than patriotic. however—making a fraction of what they used The truth is, however, Fast Track would do Congress shall have the power to regu- to earn. And their jobs? They’re held by work- nothing to address America’s security and late commerce with foreign Nations, ers in Maquiladora earning pennies on the dol- economic needs in the wake of September 11. and it also says that it shall have the lar with no breaks, no rights to organize and Fast Track neither rebuilds, nor does it re- power to make all necessary laws prof- no laws to keep children in school and out of store, it does not heal and it will not bring fered for carrying out those powers. slave labor. This bill is completely absent of America together. Instead it will work to con- Fast Track changes all that. We give any enforceable standard. tinue to drive America apart—starting with the away our rights. We auction off the The sons and daughters of America’s Great- denial of an open and honest debate on this right to have a lively and open debate est Generation should not have to compete and choose instead to allow the U.S. very floor. The United States Constitution says Con- with child labor and American workers should Trade Representative to negotiate gress shall have the power to regulate com- not have to compete with slave labor. these deals in secret. It should be no The American public should not be faced merce with foreign nations; and it shall have surprise that this country has not been with the risk posed by the safety hazards and the power to make all necessary laws proper well served by secret negotiations, and the emissions impacts of the 4 and half million for carrying out those powers. we have proof positive that this is not Fast Track is a procedural rule that would Mexican trucks that travel over the border the way to conduct our trade policy. obligate us to resign our responsibilities on be- every year. Not to mention the contents of Look at NAFTA. Look at the recent half of our constituents. It makes us give up those trucks. round of discussions and the latest our rights and responsibilities to the people Less than 2 percent of those trucks—rough- ministerial pronouncements as a result who sent us here. ly 90,000 are ever inspected. Meaning many of the WTO conferences. Mr. Speaker, I can without a doubt affirm enter without the proper safety codes and There are no guarantees, no enforce- that my constituents did not send me here to emissions standards required by all 50 states. ment mechanisms for enforcing our give away their rights or allow their voices to Worse yet, the lack of accountability allows labor laws or human rights. There are be silenced. produce and meats to come into this country no mechanisms, no enforcement de- And in silence and secret is exactly how that do not meet the regulatory standards of vices that allow us to enforce safety these trade negotiations will be carried out the FDA—giving families the unfortunate pros- standards for food and for the environ- under Fast Track. U.S. Trade Representatives, pect of not knowing if they’re eating off the ment. who are not elected by the people, will be de- NAFTA diet. What one does see is great protec- ciding and negotiating in closed-door back- We have seen examples of that, with the tions for multinational corporations, room sessions. outbreak of Cyclosporiasis in seven States— no protections for American jobs, and It is a troublesome process we endorse by California, Nevada, Maryland, Nebraska, New this is simply a pattern that we should engaging in this Fast-Track procedure and we York, Rhode Island, and Texas (FDA not follow; we should expand for the do not have to look far to see the example of source)—from the consumption of Guatemalan sake of following what some describe failure in that process. We can look to NAFTA. Raspberries contaminated with parasites. A as free trade, which is not free trade at We see it in the fact that there are no en- virus that was allowed into this country be- all, but it is trade that is dictated by forceable labor and environmental standards cause the produce did not undergo the FDA unelected bureaucrats who sit in Gene- in NAFTA or in the proposed expansion of process and the sanitation process that is va, Switzerland. NAFTA to 34 other countries under the Free given to U.S.-grown produce. This bill would cut the Congress out Trade Area of the Americas Act. It’s accountability that is missing from these of the process. It would eliminate the While the bill raises the issue of labor stand- types of trade agreements. And without it, we constitutional obligation that Congress ards and raises the issue of environmental are unable to guarantee protections and safe- has right now to serve the people. protections, enforcement of these issues is guards for the American worker and the Amer- The American worker should not be recklessly absent. ican public. forced to compete with auto workers It is easy to see, Mr. Speaker, exactly who At issue is not whether America should be making 67 cents an hour in the benefits from an extension of NAFTA just by part of the global economy but how it should maquiladoras just over the Mexican examining the juxtaposition of enforceable be a part of the global economy. Before riding border. The sons and daughters of worker and environmental rights with the rights the fast track to more trade agreements, we America should not be forced to com- of investors. ought to address the failures and pitfalls of pete with slave labor, which Fast Most troublesome are the protections that prior ones. Track would allow. The sons and allow corporations to impose rules on the Putting working families first ought to be a daughters of America, our workers, global economy that effectively mute com- major priority especially in the wake of thou- should not have to compete with child peting voices and values, while undermining sands of lost jobs during this recession. Con- labor, which Fast Track allows. the sovereign capacity of a nation to defend gress has made bipartisan progress on a Tonight, as we have our armed serv- its own citizens’ broader interests by over- whole range of issues since then. What we ices personnel, our proud sons, fighting riding established rights in domestic law. now need to do is to take advantage of this H8818 CONGRESSIONAL RECORD — HOUSE December 4, 2001 high spirit of bipartisanship and put America’s for having helped to keep alive the no- When trade increases, more ships and trade agreements on the right track by pre- tion that as people talk and interact, barges come into these ports, packed serving Congress’s legislative role; require ne- share notions, ideas and concepts that with containers and creating the need gotiators to install provisions that will promote really binds us closer together as a Na- for more people to handle these goods workers’ rights, and require negotiators to de- tion, it helps to promote the concepts and ensure their safe transport to com- velop trade rules that cannot undercut environ- of democracy and it helps to make munities across the country. mental laws. America a stronger, more open, more Equally important is the impact that We must do whatever we can to recapture productive Nation. the trade has on the rest of the coun- the accountability entitled to the American f try. Increasing trade by removing people. The first step in doing that is to defeat SUPPORTING THE BIPARTISAN trade and investment barriers benefits fast track. I urge all of my collogues on both TRADE PROMOTION ACT OF 2001 all Americans in the checkout line, sides of the aisle to vote down this bill. giving them a wider choice of goods at The SPEAKER pro tempore (Mr. f better prices. Thousands of U.S. manu- OTTER). Under the Speaker’s an- The SPEAKER pro tempore. Under a facturing jobs depend on exports, and nounced policy of January 3, 2001, the previous order of the House, the gen- TPA will open more foreign markets gentleman from Virginia (Mr. CANTOR) tleman from New Jersey (Mr. PALLONE) for these products, and American farm- is recognized for 60 minutes as the des- is recognized for 5 minutes. ers will benefit as more markets open ignee of the majority leader. (Mr. PALLONE addressed the House. for their goods. Mr. CANTOR. Mr. Speaker, I rise When the lack of free trade agree- His remarks will appear hereafter in today in support of the bipartisan the Extensions of Remarks.) ments makes our wages lower and trade promotion Act of 2001 and en- makes goods cost more, this is a tax. f courage my colleagues in the House to The fact that America is party to only COMMEMORATING 25TH ANNIVER- support its passage when we take that a few trade agreements amounts to an SARY OF ALLIANCE FOR COMMU- crucial vote this week. invisible tax on the American people NITY MEDIA Mr. Speaker, I yield 10 minutes to my and holds back American prosperity. colleague, the gentleman from Virginia American exports are burdened by The SPEAKER pro tempore. Under a (Mr. SCHROCK). previous order of the House, the gen- harsh tariffs, making those goods less Mr. SCHROCK. Mr. Speaker, I thank competitive in foreign markets and tleman from Illinois (Mr. DAVIS) is rec- the gentleman for yielding, and I come ognized for 5 minutes. hindering the success of American to the floor this evening with a plea for companies. Similarly, the lack of im- Mr. DAVIS of Illinois. Mr. Speaker, I the people of the district I represent. rise to help celebrate the 25th anniver- ports gives Americans access to fewer When the House votes Thursday to competitive choices, forcing them to sary of the Alliance for Community grant the President Trade Promotion Media. This is a nonprofit organization pay higher prices at the checkout reg- Authority, I urge my colleagues to sup- ister. which was founded in 1976 to provide port this important measure. access to voices and opinions that oth- The free trade agreements that erwise would not be heard. The alliance b 2015 America has entered into have been promotes this idea through public edu- The district I represent sits on the shown to benefit the economy and cation, progressive legislation, regu- shores of the Atlantic Ocean at the workers. Exports to Canada and Mexico latory outreach, coalition building, and mouth of the Chesapeake Bay. Millions have more than doubled since NAFTA grassroots organizing. of dollars’ worth of goods pass through was enacted in 1974. Higher exports The alliance’s primary goal is to edu- these waters every day, both from do- translate directly into more business cate and advocate on behalf of the com- mestic sources and from our trading for American companies and more jobs munity at large. It works with the Fed- partners abroad. for American workers. eral Communication Commission, Con- The Commonwealth of Virginia is The last time trade promotion au- gress, State legislatures, State regu- home to four State-owned ports, the thority for America was in place was in latory agencies, and other partners to Newport News Marine Terminal, the 1994. Since that time, the United ensure that all people, regardless of Norfolk International Terminals, the States has not enacted a single free race, gender, disability, religion or eco- Portsmouth Marine Terminal and the trade agreement with any Nation. This nomic status, have access to available Virginia Inland Port in Warren County, sends a signal to our potential trading technology to express their opinions, Virginia. At these ports, importers and partners that when TPA is not in ef- to express their views. exporters find an intricate transpor- fect, America is either not able to ne- In my congressional district back in tation network, bringing maritime gotiate effective agreements or simply Chicago and in the western suburbs, I commerce together with road and rail is not willing. use extensively this media to reach out transport. This network allows the But we can send an equally strong to my constituents. We do a program goods brought into the ports to reach signal to our potential trading partners called Hotline 21, where citizens can two-thirds of the American population on Thursday by telling them that we call in and voice their opinions and get within 24 hours. If a country or foreign are ready to broker trade deals and we answers to their questions. That is a company wants to do business with have the tools to do so efficiently. This 30-minute one. We do another one that Americans, they will no doubt deal vote will help us reaffirm America’s is an hour where individuals come in with the ports of Virginia at some role as the leader in international and talk about public issues, public point. trade in order to bring better jobs and policy directors, notions, concepts and For this reason, the upcoming vote more business to America. ideas. As a matter of fact, the group of on Presidential Trade Promotion Au- Naysayers will argue that Trade Pro- community producers, individuals who thority is vital to the people of Vir- motion Authority should not be grant- have their own shows, who have ginia’s Second District and for all ed until it is guaranteed that we will learned how to use technology, how to Americans. On Thursday, we will con- impose labor and environmental stand- use cameras, as a matter of fact, they sider granting the President Trade Pro- ards on the countries with which we have built up quite a following; and ev- motion Authority to negotiate new deal. We must remind ourselves that erybody knows that whatever it is that trade agreements with foreign nations. these agreements are with nations as they want to get out, they can get it It is the first step in gaining access to sovereign as our own. We would dis- out through this media. foreign markets for our economy and approve of a country who required our So I again commend the Alliance for to open doors to other countries for Nation’s factories to meet environ- Community Media, congratulate them similar access. This measure has a mental standards or pay employees on their 25th year anniversary; and I great impact on the residents of the particular wages. Environmental and also congratulate their executive direc- district I represent because we live labor concerns are certainly causes tor, Bunnie Riedel, and her associates where the effects of trade are most evi- worthy of our efforts, but attaching un- for having done an outstanding job and dent. necessarily strict regulations to trade December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8819 agreements only breaks down agree- and products, $543 million; feed grains 250 million Indians and 200 million Chi- ments and blocks access for American and products, $470 million; live animals nese to the level of middle class. These companies and consumers. and red meats, $107 million; wheat and markets will be the strongest for Experience has proven that free and products, $69 million; and poultry and growth in commercial food demand. fair trade gives way to higher environ- products, $55 million. An estimated $1.5 Also, some of the highest growth in mental and labor standards abroad. As billion just from the 92 counties of In- food demand is occurring in Asia. Only foreign economics grows as a result of diana. with Presidential Trade Promotion Au- trade liberalization, governments have Mr. Speaker, world demand for these thority can we tear down the barriers a greater desire and greater means to products is increasing, but so is com- and eliminate tariffs in that region to enforce labor laws and environmental petition among our various and diverse maximize our economic opportunities. protection initiatives from within. trading partners. The reality is if Indi- Additionally, other countries are Perhaps the most important result of ana’s farmers and food processors are moving forward without us. The Euro- Trade Promotion Authority is that to compete successfully for opportuni- pean Union, Mexico, Canada, and Latin America will be able to increase its ties ushered in by the 21st century, America are negotiating new free trade most valuable export, the ideals of they need free trade and open access to agreements that do not include the freedom and democracy. Free and open growing global markets. United States. There are 130 agree- trade allows other countries to see the Let us quickly examine previous ments that exist today, and only two of benefits of capitalism and democracy. trade agreements and how they have them include the United States of As President Bush has said, ‘‘Economic assisted my home State. As the Na- America. freedom creates habits of liberty. And tion’s sixth largest corn producer, Indi- Allow me to repeat that again, Mr. habits of liberty create expectations of ana benefited directly under the North Speaker. There have been, over the last democracy.’’ American Free Trade Agreement when decade, been negotiated worldwide with Our vote on Thursday will send a Mexico converted its import licensing our competitors in agriculture and message to our potential trading part- system for corn to a transitional tariff elsewhere, 130 trade agreements, of ners. I hope we do not send the message rate quota. Under this system, the vol- which the United States is party to 2. that Congress does not stand behind ume of U.S. corn exports to Mexico has Also, world agriculture tariffs today our President and that Congress wants nearly tripled since 1994, reaching 197 average about 62 percent, while U.S. to build up barriers to free trade. Rath- bushels valued at $486 million in the tariffs average 12 percent. Trade Pro- er, I hope that we can pass Trade Pro- year 2000. Additionally, under NAFTA, motion Authority and other trade motion Authority and send the mes- Mexico eliminated import licensing agreements can only eliminate foreign sage that America stands united, ready and is phasing out tariffs for wheat all barriers such as this. to do business, and ready to trade. together. Wheat exports to Mexico Ninth, other countries are more like- Our economy is now at a crossroads. have doubled from Indiana since 1994. ly to agree to WTO negotiations per- We can take the road that leads to in- Mr. Speaker, the Uruguay Round taining to strengthening world prices if creased isolationism and give up hope agreement has also benefited Indiana the President is armed with Presi- of creating new global trade alliances, in its capacity as America’s fourth dential Trade Promotion Authority. or we can choose to take the road that largest soybean producer. South Korea leads to increased trade, better Amer- continues to reduce its tariffs on soy- And last, Mr. Speaker, this Congress ican jobs, and a better standard of liv- bean oil, a process that has already can no longer afford to stand idly by ing for America and our trading part- supported a threefold increase in our while other nations’ governments im- ners. export volume. The Philippines is prove trading opportunities for their I hope my colleagues will join me in doing the same for soybean meal. citizens and their industries and their ensuring that we travel down the path So, Mr. Speaker, you can see that our agricultural sector. Leadership and ac- that leads to more opportunities and existing trade agreements have truly tion by Congress must no longer be de- economic freedom for all of our citi- benefited Indiana and the entire United layed. Congressional passage of Presi- zens by supporting Presidential Trade States. So why do we need additional dential Trade Promotion Authority is Promotion Authority. trade agreements in the form of TPA absolutely essential, and I hope that Mr. CANTOR. Mr. Speaker, it is now to help our Nation’s farmers and ranch- Congress will do so this week. my pleasure to yield to the gentleman ers? Let me offer a few reasons. And let me say I support Trade Pro- from Indiana (Mr. PENCE). Number one, exports are the lifeblood motion Authority to assist Hoosier Mr. PENCE. Mr. Speaker, I thank the of American agriculture. Without Pres- farmers. I urge my colleagues to help gentleman from Virginia for yielding idential Trade Promotion Authority, their farmers as well. But also, Mr. to me and for bringing this forum to- we risk losing our existing share of for- Speaker, and I say this somewhat in gether for the discussion of an issue eign markets to other competitors. jest but in a great deal of seriousness, truly vital to Indian farmers, and con- Second, with TPA, we can begin in I believe that this President has earned gratulate the gentleman from Virginia earnest with a round of WTO talks the confidence of the American people for his leadership on behalf of agri- where the greatest gains will be made in the days of the fall of 2001. Trade culture and trade. in agricultural trade. Promotion Authority for the President Mr. Speaker, I rise today on behalf of Third, the only way to fix the prob- of the United States asks one simple America’s farmers and ranchers, par- lems that have emerged under existing question: Do you trust the President of ticularly those serving eastern Indiana. agreements is to use the credibility of the United States at the trade negoti- Every evening they leave their sweat Trade Promotion Authority with the ating table to put American agri- in the fields to ensure the good health President of the United States at the culture, to put American interests, to and well-being of their fellow Hoosiers. negotiating table. put American jobs first? They do so much for Indiana, and this Additionally, growth in purchases of Well, I, Mr. Speaker, today do not be- Congress can do so much for them by U.S. food and agricultural products is lieve I am in the minority when I say simply granting the President des- most likely to come from the 5.9 bil- that I trust the President of the United perately needed trade negotiating lion people who live outside of the States of America to put American power. United States of America. If we do not jobs, American interests, and American Mr. Speaker, trade already benefits supply their needs, Mr. Speaker, some- agriculture first. I trust President Indiana. Hoosiers exported an esti- one else will. George W. Bush, and I hope that all of mated $1.5 billion in agricultural goods Fifth, economic studies show that my colleagues will join those many in the year 2000. These exports helped the most significant growth in demand millions of Americans who have found boost farm prices and income while for agricultural products is in societies this President truly trustworthy and supporting 24,000 jobs on and off the with emerging middle classes. Middle- give him the authority he needs to ad- farm in food processing, storage, and class families spend an increasing por- vance our interest in agriculture and transportation. The numbers are truly tion of discretionary income on food. for our entire economy by adopting staggering in Indiana alone: Soybeans The next decade is expected to usher in Trade Promotion Authority. H8820 CONGRESSIONAL RECORD — HOUSE December 4, 2001 b 2030 throughout the world and negotiate China currently imposes restrictions Mr. CANTOR. Mr. Speaker, I thank trade agreements. on which varieties of apples, of which the gentleman for his eloquent re- Idaho’s wheat producers is another Idaho is one of the best producers, that marks. example. They are also suffering from they can import into their country. Mr. Speaker, I yield to the gentleman our inability to enter into new agree- Currently only three varieties can be from Idaho (Mr. OTTER). ments. The Idaho National Wheat imported into China, and the two Mr. OTTER. Mr. Speaker, I thank the Growers for that purpose and that pur- versions that are actually favored by gentleman from Virginia for putting pose only are supporting the passage of the Chinese consumer cannot be together this opportunity tonight for Trade Promotion Authority. We have brought in because of trade barriers. us to talk about Trade Promotion Au- documented evidence of how trade has With Trade Promotion Authority, we thority. We know that is going to be benefited our farmers. could negotiate an end to these bar- coming up later this week; and so the Since the passage of NAFTA, U.S. riers and benefit our apple farmers. farm exports to Mexico have doubled. information, and there has been a lot Similarly, Taiwan maintains a 40 The more trade agreements we enter of disinformation, I think we heard percent tariff on apples and that needs into, the more food we can sell, because some of that during the 5-minute Spe- to be reduced and could be through the 90 percent of the world’s people live cial Orders tonight, disinformation passage of Trade Promotion Authority. outside of the United States. Ninety that is being put out into the idea mar- Mr. Speaker, I could go on and on; percent of the mouths that sit down to ketplace. but I would simply like to demonstrate that plate every night, three times a Trade Promotion Authority has been for this House and for those who are day, 90 percent of those plates are much discussed over the last few listening, Idaho’s director of agri- served in other parts of the world, not weeks, anticipating this vote that we culture, Mr. Takasugi, has prepared the United States. If we are not going are going to have later this week; and ‘‘Idaho Trade Issues: An Action Plan.’’ to be part of those agreements, if we I would like to share a little informa- This was produced earlier this year. As are not going to have a seat at that tion about how Trade Promotion Au- the Lieutenant Governor of Idaho, I led table, to whom are we going to be able thority will benefit not only Idaho, but trade missions throughout the world. I to sell the increased production that our 49 sister States as well. visited some 80 foreign country. Mr. we have from our farms? Let me start with something I know Takasugi went with me to many of The U.S. only consumes about two- best. Idaho is the world’s foremost pro- those. We were able to break down bar- thirds of what American farmers al- riers because we were sitting at the ducer and processor of potatoes. We ways produce because they are the best table when we had the opportunity to plant over 380,000 acres a year, and we and most prolific in the world. Without yield well over 100 million hundred our foreign markets, already depressed overcome some of the differences we weight as a result of those plantings. prices could be much lower. We need had with some of these foreign coun- Most of those potatoes are processed foreign markets to maintain our cur- tries. Mr. Speaker, this is a 54-page booklet into products which find themselves rent production and to increase our that itemizes every trade barrier that into the marketplace and restaurants market potential in the future. Be- Idaho and Idaho’s farmers face in every throughout the world. cause the United States has more pro- Idaho potatoes dominate almost ductive farmers in the world, other na- country of this world, and I would like every market they have ever gone into. tions maintain extensive subsidies and to provide this booklet to any Members I traveled to some 80 foreign countries trade barriers and trade walls. The av- who do not believe that passing Trade and opened many McDonald’s through- erage American agriculture tariff is 3 Promotion Authority to the President out the world with the JR Simplot percent, whereas in Europe it is 15 per- would not be a valuable asset for this Company because we had the best pota- cent; and worldwide the average is well country and its economy and the pro- toes in the world, and those best pota- over 40 percent. ducers. toes came from Idaho. In addition, the European Union Some may say Idaho is a small State One of those markets that I was part maintains export subsidies of up to 75 and we have nothing to gain from of opening up was in Chile. Today, as a percent greater than those that we Trade Promotion Authority and that it result of our inability to get a seat at have in America. Passing the Trade is actually a coastal issue; and I am that negotiating table, Canada and Promotion Authority, giving our Presi- saying nothing could be further from Chile came together and put together a dent the opportunity to sell our wares, the truth. Last year, Idaho’s exports trade agreement. Idaho no longer to strut our stuff throughout the world alone were $826 million. That may not shares in that market because that will help further our national goals by sound like an awful lot to a lot of agreement, when we did not have a allowing the President to sit down and folks; but my 1,285,000 people thought seat at that table, pushed the Idaho po- negotiate these deals. We will be able that $826 million in sales to foreign tatoes out of the market. then to eliminate trade barriers, and countries was terribly important. A lot What concerns me even more than our products will increase our exports of families are able to provide for the fact that we are losing some of and be able to reduce the export sub- themselves and provide for their future these markets to some of our foreign sidies throughout the world. because of that $826 million. competitors is the fact that we are now Let me share some of the state bar- Let me break it down: $303 million starting to lose situs for some of our riers that our farmers all over the was potatoes and other vegetables; $151 best processors, some of the best proc- United States currently face. In Aus- million in wheat products, $98 million essors in the world, some of them his- tralia, a monopoly wheat board now in livestock; $54 million in dairy prod- torically proven since Birds Eye first sets the price of wheat. American farm- ucts; and $51 million in feed products. discovered how to freeze and then re- ers are therefore priced out of one of More than 12,000 Idaho jobs depend constitute products, adding portability the most important markets in the upon exports. As I said earlier, our and shelf life to some of the best vege- world. In Canada, a monopoly wheat ability to process this food into a port- table products throughout the world, board also competes against the United able and into a storable product is one and that happened in the early part of States in world markets. of the things that has got us into these the last century. Mr. Speaker, passing the Trade Pro- foreign markets. Some of these best products and their motion Authority would speed the ne- I am also aware of the concerns of processors are now reducing the size of gotiations to remove these wheat those who are afraid of H.R. 3005 be- their plants in the United States south boards from their position of power and cause it means an end of our anti- of the Canadian border and are actu- monopolistic predatory practices in dumping and countervailing duty legis- ally expanding some of their potential the world marketplace. Idaho is the lation. If I thought that was the case, to be in these foreign markets in plants fifth largest spring wheat producer in I would be opposing this instead of here in Canada, and the result is because the country, and I would not promote helping the gentleman from Virginia Canada has Trade Promotion Author- Trade Promotion Authority if I were (Mr. CANTOR) and our other folks cham- ity and they have a seat at the table not certain it would benefit our farm- pion this effort. I know firsthand the that they can go to the markets ers. effects of illegal dumping and the value December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8821 of our anti-dumping laws. Voting for An increasingly important force be- computers and the Internet will help the Trade Promotion Authority is nei- hind our Nation’s economic growth is modernize their economies while, at ther an endorsement of repealing anti- the high-tech sector. In the past 5 the same time, promoting free mar- dumping laws, nor a repudiation of the years, high-tech industry accounted for kets, competition, and improved qual- English resolution that this House one-third of the growth of our gross do- ity of life. As computer and new tech- passed with such an overwhelming ma- mestic product. It lowered our infla- nologies bring opportunity for eco- jority just last month. tion rate and created 1.5 million new nomic growth in Latin America, U.S. Mr. Speaker, earlier in the last cen- high-paying jobs. Overall, the world jobs will be created. tury a fellow by the name of Hans J. market for IT products rose steadily to Since NAFTA was enacted, the Morgantheau said when food does not $1.3 trillion in 2000 and is expected to United States exports to Canada and cross borders, troops will. When we grow as companies take further advan- Mexico have increased 104 percent. look at most of the problems of the tage of the Internet and e-commerce. Every day, America transacts an esti- world that have been associated with In the United States, the information mated $1.8 billion in trade with our folks who have something and it is de- sector employment rose by 15 percent NAFTA partners at a rate of $1,200,000 sired by folks who do not, those troops from 1997 to over 2 million jobs last a minute. In 2000, America’s exports to cross the border. year. Additionally, more than half of our NAFTA partners grew 30 percent I have said twice now and at the risk the 2.6 percent increase in U.S. labor faster than to exports to the rest of the of repeating myself, I have been in 80 productivity between 1996 and 1999 was world. Since 1992, open markets with foreign countries, and I have nego- directly related to increasing invest- Mexico and Canada created more than tiated with every manner of govern- ment in IT. What may not be known is 20 million new jobs in the U.S., with ment in every way that I possibly that U.S. high-tech companies exported wages and workers supported at in- could for every kind of product; and $223 billion in merchandise last year. In comes 13 to 18 percent higher than the having a seat at that table and being Illinois, the number of companies ex- national average. NAFTA is a proven right there, face to face with the poten- porting increased by 50 percent from trade agreement that has led to success tial buyer, is the most important thing 1992 to 1998. for American business. we can do. Mr. Speaker, Motorola, which is If we fail the President on Trade Pro- Trade Promotion Authority, Mr. based in Chicago’s northern suburbs, is motion Authority, we will fall behind Speaker, gives us a seat at that table. one of our Nation’s leading exporters of the curve and the cost will be Amer- Trade Promotion Authority will indeed high-tech goods. In the past several ican jobs. Already, nations worldwide manifest the value that Hans J. years, their exports have increased have entered into an estimated 130 Morgantheau put into his idea that steadily. Last year almost two-thirds preferential trade agreements, while when we are trading with people, we of Motorola’s sales were exported. Ad- the United States is just party to two, are building a relationship, and that ditionally, thanks to the innovation of one being NAFTA and the other with relationship then leads to an exchange the Internet and e-commerce, health our allies in Israel. Only 11 percent of of values and an exchange of goals and care companies such as Allegiance and the world exports are covered by Amer- eventually an exchange of ideas and Medline, based in northern Illinois, ican trade agreements, compared to 33 peace. greatly contributed to overall Internet percent for European Union free trade For those Members who may doubt sales transactions worldwide, providing agreements and Customs arrange- the value of trade, I direct them to a critical health care supplies for hos- ments. We must act now, and every day book called ‘‘The Lexus and The Olive pitals both here and abroad. America delays, America loses. Com- Branch,’’ Chapter 6, and it is called Allegiance alone provides goods to munities, families, businesses, and ‘‘The Golden Arches Theory of Peace.’’ over 80 countries and has 20 subsidi- workers lose opportunities and income No two countries that ever received a aries worldwide. These companies sup- that could come with expanded mar- McDonald’s franchise since they re- port incomes of thousands of families kets for American goods and services. ceived that franchise have gone to war in Deerfield, Vernon Hills, and During this time of economic uncer- because they understand the value of a Libertyville. tainty, it is crucial that we grant the President Trade Promotion Authority relationship and a trade consumer and b 2045 a provider and supplier-consumer rela- to open new opportunities for Amer- tionship. If we grant the President Trade Pro- ican businesses and to preserve Amer- Mr. Speaker, I urge my colleagues to motion Authority and these employees ican jobs. join me and all of those who are speak- continue to take advantage of the Past trade agreements have benefited ing on it tonight in passage of H.R. Internet, more jobs will be created in the typical family of four in Illinois by 3005, and assure that we can unleash Illinois’s high-tech sector. $1,300 per year. Illinois exports totaled the power and the potential of the New markets represent an enormous over $2,500 for every man, woman, and American farmer and the American opportunity for high-tech industry to child in our State. Over 350,000 Illinois trader. maintain our global leadership. With families depend on exports for their in- Mr. CANTOR. Mr. Speaker, I thank 500 million people living south of our come, with another 150,000 indirectly the gentleman from Idaho (Mr. OTTER) border and Latin America with only 18 depending on export business. Since for that very well thought out and im- million personal computers on hand, 1993 and the conclusion of the Free passioned plea for the passage of the now is the time to open new markets Trade Agreement with Mexico and Can- President’s Trade Promotion Author- to America’s high-tech goods. ada, Illinois increased our exports to ity. While the Information Technology those two countries by 73 percent. Mr. Speaker, I yield to the gentleman Agreement eliminated duties in the IT Let me look at one key industry: en- from Illinois (Mr. KIRK). sector in some major markets, the vironmental technology, which grew Mr. KIRK. Mr. Speaker, I thank the larger markets of Latin America are its exports to Mexico by 385 percent. gentleman from Virginia (Mr. CANTOR) not a party to this agreement. Tariffs Exports from the city of Chicago alone for organizing this Special Order and on IT products in key Latin American totaled $21 billion last year. Over 1,400 rise in support of Trade Promotion Au- countries remains as high as 30 per- businesses in Illinois exported last thority. cent. Beyond tariffs, IT products also year, and 86 percent of them were One-third of all American families face nontariff restrictions such as re- small- and medium-sized companies. depend directly or indirectly on foreign dundant testing and certification re- Take the case of Fluid Management trade for their income, and America is quirements. U.S. suppliers, including in Wheeling. Over 60 percent of the the number one exporting nation in the those in Illinois, will see a rise in job company’s business depends on exports. world. But unless we act to promote creation if these barriers are lifted. Mr. Speaker, 360 jobs alone. And fair and free trade, this leadership will And if we act now and give trade pro- Fluid’s skilled engineering force grew fade. Trade Promotion Authority en- motion to the President, we can ac- from 6 in 1989 to over 100 by 1996. The sures that the United States will have complish this. firm has expanded here, at home, and better access to foreign markets while Opportunity is a two-way street. in Australia, Europe, and Latin Amer- strengthening domestic industries. Opening markets in Latin America to ica. After NAFTA, Fluid opened offices H8822 CONGRESSIONAL RECORD — HOUSE December 4, 2001 in Latin America. The total number of jobs are tied to exports. Roughly 6,000 be a major force behind the success of exporting companies in Illinois grew Virginia citizens hold jobs related to our technological community and the from 9,400 to 14,200 and, in sum, Illinois agricultural exporters. Jobs supported job growth therein. This success will be exported over $32 billion last year to by exports in Virginia are 13 to 18 per- obtained by allowing companies to ex- 208 foreign markets. cent better paying than the national pand their markets and their sales in That is why we need to pass Trade average. In 1997, an estimated 42,000 developing countries in order to con- Promotion Authority in this Congress, Virginia jobs depended on or were indi- tinue the rapid expansion of the high- and, once passed, we will lower tariffs rectly related to manufactured exports, tech industries here at home. against American goods and enable ex- and 1 in every 7 of the manufacturing As an example of how important ports to lead our country out of reces- jobs in Virginia is tied to exports. opening up foreign markets is to Amer- sion. Mr. Speaker, no doubt that one of the ican companies, this is a staggering Mr. Speaker, I want to thank the tremendous engines for the Common- statistic: 58 percent, that is, nearly 60 gentleman from Virginia (Mr. CANTOR) wealth of Virginia and the Nation as a percent of Microsoft’s revenues, is de- for organizing this Special Order on the whole and our economy has been the rived from international sales. Passage need to boost exports in America. They high technology sector. This industry of TPA will allow companies like are important for Virginia, and they is particularly affected by the absence Microsoft to continue to increase their are important for my State of Illinois. of Presidential Trade Promotion Au- revenues in the global marketplace, Mr. CANTOR. Mr. Speaker, I thank thority, and it is this industry which and at the same time we are opening the gentleman from Illinois (Mr. KIRK), also will stand to benefit most in terms up new markets we are growing the job my good friend, and join with him in of job creation and increased produc- base here in America. that heartfelt statement of support for tivity across this land. Trade agreements could also help es- the Trade Promotion Act of 2001, which Firms in the United States face tablish the framework for additional e- we are poised to vote on here in this many obstacles in the global market commerce by American firms between House this week, on Thursday. such as high tariffs and regulatory bur- those businesses and their customers Mr. Speaker, the economists have an- dens. These facts inhibit the competi- abroad. High-tech products from Amer- nounced what many Americans have tiveness of American firms. Such ob- ica will be available at lower costs as known for months. America is offi- stacles, if not removed, will ultimately these markets continue to open. If we cially in recession, and granting the lead to the loss of American jobs to our have the ability to enter into more bi- President Trade Promotion Authority foreign competitors, adding fuel to the lateral trade agreements, American will allow him to negotiate trade trea- fire of the already stalled American goods and equipment will begin to ties that will create jobs and deliver a economy and associated job layoffs. show up in more countries and more much-needed boost to our economy. Obstacles exist such as the soaring markets, in much greater numbers and The real cost to American business of tariffs. These tariffs on American in- at much more competitive prices. not granting the President Trade Pro- formation technology products, sci- Recently, President George W. Bush motion Authority is that other coun- entific instruments, and medical equip- addressed a meeting of leaders in the tries will continue to negotiate free ment being sold in countries with high-tech industry. The President ex- trade agreements to the exclusion of which the United States does not have pressed his vision of a world with in- the United States and its interests, trade agreements reduces American creased free trade and described trade’s putting American businesses at a com- competitiveness with the indigenous benefits for the U.S. economy. And he petitive disadvantage. goods produced in that target country said, ‘‘Ours is an administration dedi- Two vital sectors of America’s econ- and our foreign competitors. Second, cated to free trade. I hope that Con- omy that have suffered greatly during American companies face regulatory gress gives me Trade Promotion Au- the recent economic downturn here in barriers on trade of information tech- thority as soon as possible so I can ne- gotiate free trade agreements. We this country will benefit most from nology and communications products should not try to build a wall around Trade Promotion Authority, and those that are in place without trade agree- our Nation and encourage others not to are the sectors that we are focusing on ments. Absence of Trade Promotion do so. We ought to be tearing these tonight and that have been spoken to Authority, make no mistake, results in walls down. Free trade is good for on the part of my colleagues, and they countries being unwilling to negotiate America and it will be good for your in- are the agricultural and high-tech sec- trade agreements with the United dustry as well.’’ tors. States. And why would they agree to Mr. Speaker, another aspect within Mr. Speaker, I would like for a negotiate with us if a deal as struck is the international trade environment minute to focus on the Commonwealth not really a deal? As was stated before which is providing obstacles, especially of Virginia and how it benefits from in- by the gentleman from Indiana (Mr. in the area of the high-tech sector, is creased trade. My district, the south- PENCE), I think our President, Mr. the issue of piracy. Piracy is currently ern district, and the Commonwealth of Bush, has earned the confidence of the costing the high-tech sector in Amer- Virginia as a whole, strongly benefit American people and we must confer ica a tremendous amount of revenues. from America’s current trade activity. upon him Trade Promotion Authority The protection of American know-how We, like America, benefit from a vi- to make sure that our American busi- is another benefit and an essential part brant international trade environment. nesses stay competitive in the global of TPA. Last year, Virginia sold more than marketplace. For example, 58 percent of business $10.5 billion of exports to nearly 200 Mr. Speaker, to give my colleagues software applications used in Latin overseas markets. Virginia exported an example of a free trade agreement, America were pirated in the year 2000, more than $9.2 billion of manufactured most trade between Brazil and Argen- costing the software industry in our items such as machinery, transpor- tina is now tariff free, while U.S. firms country nearly $869 million in licensing tation equipment, computers, and elec- still face an average tariff of more than revenues. In 1998, Latin America’s soft- tronics, fabricated metal products, and 14 percent on exports to those Western ware market generated approximately beverage and tobacco products. The Hemisphere countries and neighbors of $3.5 billion and is expected to grow by number of Virginia companies export- ours. Foreign Ministers from both 18 percent annually. ing increased 62 percent from 1992 to Brazil and Argentina have suggested 1998. Demand is growing for the top that they cannot negotiate trade b 2100 five agricultural products exported agreements with the United States Latin America is currently consid- from Virginia, including tobacco leaf, until the President has Fast Track au- ered a region where a free trade agree- poultry products, live animals and red thority. ment could occur fairly quickly with meats, wheat products and soybean Granting the President Trade Pro- the United States. This is a region that products. motion Authority will allow him to ne- provides a huge opportunity for the Here are some of the benefits that we gotiate trade treaties that create ac- U.S. software industry. TPA will allow stand to gain from increased trade in cess to new markets for the high-tech the President to negotiate trade trea- Virginia. Nearly 60,000 manufacturing industry. Access to new markets will ties that will combat piracy by making December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8823 intellectual property protection a fun- United States: capital goods, from domain. His name was Lewis Rudin, damental condition of membership in road-building equipment to hospital in- but he was better known as ‘‘Mr. New multilateral and bilateral trade alli- struments; consumer goods from Mexi- York.’’ ances. It will also open wide this nat- co’s emergent middle class; everything On September 20, at the end of his ural growth market to the south for all from blue jeans to compact disks and 80th summer, Lew Rudin died of can- American businesses, thereby increas- food. NAFTA led to a stronger econ- cer. We all know what happened in New ing the job base in America. omy, which led to improved living York 9 days earlier. As we look to re- Singapore is also a natural destina- standards for Americans. build and renew New York after the tion for the President and his team of Examples in my home State of Vir- tragic events of September 11, we must negotiators to engage in talks and ginia: the Jones Group International, do so with Lew Rudin’s vigor, vision, produce a bilateral trade agreement to based in Fairfax, illustrates how an in- imagination, spirit, and wholehearted open up markets to United States busi- creasing number of American small love for our great city. ness. Intellectual property reforms in service companies are competing in At a time when the city’s skyline has Singapore and cooperation in that world markets. This firm provides con- two gigantic cavities, I take heart in country with policymakers have cre- sulting services for developing coun- knowing that it is populated with so ated an environment prepared for in- tries. many buildings developed by Lew and creased high-tech trade. We must allow The Regional African Satellite Com- his family. The Rudin family has never President Bush to take advantage of munications Organization contacted sold a building it developed, embodying this conducive environment and lock in the company in 1999 to develop two de- a virtue that too few people value and the opportunities for American busi- tailed documents, one for technology practice today, and that is loyalty. nesses in that country with a bilateral transfer and the other for know-how Lew was fiercely loyal to his family, trade agreement with Singapore. and an assistance program. his friends, his city, and his father’s The issue of privacy is certainly Millicom International Cellular. This commitment to rewarding New York linked and has as its pillar the protec- Arlington, Virginia-based tele- because New York had rewarded his tion of intellectual property owned by communications company announced family. American businesses. If America’s in 1998 that SENTELgsm, a 75 percent Lew was a tireless booster and advo- copyright industries are to continue to Millicom-owned company, has been cate for New York City. He co-founded be successful in the world markets, the awarded a nationwide global systems the Association for a Better New York, President must be able to effectively for a mobile communications license which has lived up to its title time and negotiate trade agreements that reduce for the Republic of Senegal. time again. It has also brought us bet- barriers to creative works in America. The company plans to embark on a ter schools, improved transportation, Trade agreements are the vehicle to li- rapid development program to build and cleaner and safer streets. The asso- cense and insure the continued growth and launch a GSM mobile network to ciation became a watchdog, rewarding of the industry in America. That is initially launch service in Dakar, with those who enhanced our city with Pol- why the International Intellectual plans to expand coverage to all the re- ished Apple Awards. Property Alliance supports Trade Pro- gional capitals. Lew Rudin bet on the city, even in its motion Authority. The license award is for a period of 20 darkest hours; and he bet right every A recent report indicates that the years, renewable every 5 years there- time, in part because he helped solve copyright industries, including com- after. The firm reports that this sig- the city’s biggest problems. In the mid- puter software makers, music, com- nificant investment will result in near- 1970s he helped rescue New York from puter hardware, and many more, they the brink of bankruptcy by convincing employed more than 7.6 million Ameri- ly $10 million in U.S. exports and will corporations to prepay their property cans in 1999. Mr. Speaker, my col- create or retain more than 100 U.S. taxes. leagues before me have stated the jobs. He beat back an effort by the Presi- many benefits that NAFTA has con- In a recent speech, Commerce Sec- dent of the United States to abolish de- ferred upon this country. retary Don Evans summed up the bene- Eight years ago last month, the fits of Trade Promotion Authority: ductions for State and local taxes, House of Representatives debated and ‘‘The President is also committed to which could have caused an exodus of passed the North American Free Trade keeping electronic commerce free of businesses operating in the city. Agreement. It has produced a tremen- roadblocks, ensuring the protection of He persuaded the U.S. Tennis Asso- dous growth in trade for the United intellectual property rights, and the ciation to move within Queens, rather States and our two partners, Mexico strict enforcement of our trade agree- than outside of New York. He gained and Canada. Trade with our NAFTA ments. But to achieve these goals in a landing rights for the Concorde, en- partners is growing twice as fast as successful trade policy that serves the hancing our stature as the business U.S. trade with the rest of the world interests of American business and capital of the world. He helped expand and accounts for approximately one- American workers, the President needs the New York City Marathon to the third of all U.S. merchandise trade. Trade Promotion Authority.’’ five boroughs. Today, 30,000 athletes NAFTA trade exceeds trade with Without TPA, other nations will con- participate and millions watch around both the European Union and Japan tinue to refuse to negotiate treaties the world. combined, approximately $1.8 billion a with the United States. Lew worked with me recently to day, as was pointed out earlier. NAFTA Mr. Speaker, it is vital for our eco- transform the dream of a Second Ave- has kept Mexico on track to sustain in- nomic interest and security that the nue subway into a reality, and he ternal economic reform, which in turn United States set the trade agenda for championed the cause of bringing the has helped the United States. NAFTA the world market. Olympics to New York in 2012. has resulted in reduced tariffs for f Serving in various roles, Lew was a leader and member of a broad array of American goods, benefiting American HONORING LEW RUDIN companies and American workers. New York institutions, from North Under NAFTA, Mexico eliminated its The SPEAKER pro tempore (Mr. General and Lenox Hill Hospitals to 15 percent tariff on live slaughter cat- SCHROCK). Under a previous order of Central Synagogue and Ford’s Theater tle, its 20 percent tariff on chilled beef, the House, the gentlewoman from New to Meals on Wheels and New York Uni- and its 25 percent tariff on frozen beef. York (Mrs. MALONEY) is recognized for versity. His enormous contributions to Mexico has been the fastest-growing 5 minutes. so many institutions made Lew Rudin market for U.S. beef. U.S. beef exports Mrs. MALONEY of New York. Mr. an institution unto himself, and to Mexico rose from the 1993 pre- Speaker, if anyone watching tonight prompted the New York City Land- NAFTA level of 39,000 tons valued at has ever called New York ‘‘the Big marks Conservancy to designate him a $116 million, to 179,000 tons valued at Apple’’ or uttered the words ‘‘I love living legend landmark. $531 million in 2000. New York,’’ I hope they will join me Anything Lew Rudin loved, he also In the year 2000, 73 percent of Mexi- tonight in remembering the man who served. An avid golfer, Lew founded can imports were products from the brought those phrases into the public First Tee, which was dedicated to H8824 CONGRESSIONAL RECORD — HOUSE December 4, 2001 bringing the game to the inner city. He the city even in its darkest hours. And Clift, Billy and Ophelia; Carlton and knew how to get things done. he bet right every time in part because Kyle, Samantha and Michael; Eric and But as a third-generation American he helped solve the city’s biggest prob- Fiona, Madeline and Bruce Grant, whose grandfather immigrated from lems. Kathy and Nancy; President Clinton; Poland with only the change in his In the mid-seventies he helped rescue Governor Pataki; Senator Schumer, pocket, Lew did what he did mostly for New York from the brink of bank- Senator Clinton; Mayor Giuliani; Gov- ordinary New Yorkers: he fought to im- ruptcy by convincing corporations to ernor Cuomo; and the many other fam- prove their quality of life, enhance the pre-pay their property taxes. He beat ily and friends here today to remember resources available to them, and to back an effort by the President of the Lewis Rudin. make a very special city all the more United States to abolish deductions for I have always looked upon Lew as a unique. state and local taxes which could have brother, and I am feeling an unspeak- Lew Rudin left behind a tremendous caused an exodus of businesses oper- able sorrow at his passing. I ask your legacy of visible accomplishments, but ating in the city. He persuaded the U.S. forbearance as I attempt to share my he is also responsible for all sorts of Tennis Association to move within thoughts. contingencies that never came true, Queens rather than out of New York. I am reminded this morning of two crimes that did not happen, companies He gained landing rights in New York others who regarded each other as that did not leave, criticisms of New for the Concorde—enhancing our stat- brothers—the great theologians and ac- York that were not uttered because ure as the business capital of the tivists, Rabbi Abraham Heschel and Dr. Lew’s efforts made them invalid. world. Martin Luther King, Jr. It was Rabbi Tonight we honor Lew Rudin with He helped expand the New York City Heschel, author of the definitive text kind words, but tomorrow we must Marathon to the five boroughs. ‘‘What Manner of Man is the Proph- honor his memory with good deeds. Mr. Today 30,000 athletes participate and et?,’’ who was called upon by Coretta New York, we thank you, we miss you. millions watch around the world. Lou Scott King to eulogize her husband May you sleep in heavenly peace. worked with me recently to transform who, parenthetically, was later the Mr. Speaker, I include for the the dream of a Second Avenue subway subject of a fine biography by Lerone Bennett, entitled ‘‘What Manner of RECORD other eulogies and statements into a reality. And he championed the regarding Lew Rudin: cause of bringing the Olympics to New Man.’’ As the biblical reference that moved Mr. Speaker, if anyone watching to- York in 2012. both Heschel and Bennett told us, the night has ever called New York ‘‘The Serving in various roles Lew was a world is yet in awe of that manner of Big Apple’’ or uttered the words ‘‘I leader and member of a broad array of man who ‘‘even the wind and the sea Love New York,’’ I hope they will join New York institutions: from North obeyed’’ upon his command ‘‘Peace, be me tonight in remembering the man General and Lenox Hill Hospitals to still.’’ Rabbi Heschel and Dr. King have who brought those phrases into the Central Synagogue and Ford’s Theater long since found their answers to the public domain. to Meals on Wheels and New York Uni- His name was Lewis Rudin, but he question, ‘‘What manner of man?’’ And versity. today, we each have our own answers was better known as ‘‘Mr. New York.’’ His enormous contributions to so . . . with respect to the man, Lewis On September 20 at the end of his many institutions made Lew Rudin an Rudin. (80th?) summer Lew Rudin succumbed institution unto himself, and prompted to cancer. What manner of man is this that even the the New York Landmarks Conservancy wind and the sea obey? Well, we know that We all know what happened in New to designate him a ‘‘Living Land- our dear friend was a powerful man, though York nine days earlier. As we look to mark.’’ not perhaps so powerful that he could lit- rebuild and renew New York after the Anything Lew Rudin loved he also erally calm the wind and the sea. He did, tragic events of September 11 we must served. An avid golfer Lew founded however, have the power to calm an entire do so with Lew Rudin’s vigor, vision, First Tee, which was dedicated to city in its times of storm and crisis. He not imagination, spirit, and wholehearted bringing the game to the inner city. only had such power, he used it on every oc- love, for our great city. At a time when Yes, Lew was on the speed dials of casion that threatened his city’s future. And he used it well. We will hear the truth of this the New York City skyline has two gi- the rich and powerful. He was a force often this morning, and rightfully so, for we gantic cavities, I take heart in know- to be reckoned with and he knew how are thankful for the strength, the wisdom, ing that it is populated with many to get things done. But as a third-gen- and the love that guided him in his mission buildings developed by Lew and his eration American whose grandfather here on earth. family—7.5 million square feet of office immigrated from Poland with only the What manner of man was Lew Rudin. Lew space, and more than 3,500 apartments change in his pocket Lou did what he Rudin was a man whose name became known that New Yorkers call home. to every New Yorker. He was, as many have did mostly for ordinary New Yorkers. said and will always say, ‘‘Mr. New York.’’ The Rudin family has never sold a He fought to improve their quality of He earned that title. His extraordinary pas- building it developed, embodying a vir- life, enhance the resources available to sion for his City and his spirit of public serv- tue that too few people value and prac- help them and to make a very special ice will live on in our hearts as long as there tice today: And that is loyalty. Lew city all the more unique. Lew Rudin is a New York. To Lew Rudin, New York City was fiercely loyal to his family, his left behind a tremendous legacy of visi- was more than a place . . . it was a people— friends, his city, and his father’s com- ble accomplishments. But he’s also re- a people whose struggles and joys, unique- mitment to rewarding New York be- ness and oneness, touched his heart and sponsible for all sorts of contingencies moved him to take on our burdens as his cause New York had rewarded his fam- that never came true. Crimes that own. ily. didn’t happen. Companies that didn’t What manner of man? Many knew what Lew was a tireless booster and advo- leave. Criticisms of New York, that manner of man he was by his deeds. He was cate for New York City. He co-founded were not uttered, because Lew’s ef- a moving force and guiding light behind so the Association for a Better New York forts, made them invalid. many of the things that have become part of which has lived up to its title time and Tonight we honor Lew Rudin with the fabric of New York—the many buildings again. It has brought us better public of the most famous skyline in the world; the kind words. But tomorrow we must New York City Marathon and its Rudin Tro- schools, improved transportation and honor his memory with good deeds. phy, born of a collaboration of Percy Sutton, cleaner and safer streets. Mr. New York we love you. We thank George Spitz and Fred LeBow (it was Percy The Association became a civic you. We miss you. And we’ll get right Sutton who introduced me to Lew); the watch dog rewarding those who en- to work. May you sleep in heavenly USTA National Tennis Center (a result of hanced our city with Polished Apple peace. the hard work done with then USTA Presi- dent Slew Hester) and later the realization of Awards. EULOGY BY DAVID N. DINKINS—FUNERAL Arthur Ashe Stadium (when David Markin Lou’s civic accomplishments were le- SERVICES FOR LEWIS RUDIN CENTRAL SYNA- and Judy Levering were President); the ‘‘Big gion. As a developer he called his civic GOGUE, NEW YORK CITY—SUNDAY, SEP- Apple’’ and campaigns; and so many other TEMBER 23, 2001; 10:00 A.M. involvement enlightened self interest. things that make New York, New York. The rest of us call it tireless philan- Rabbi Rubinstein; Cantor Franzel; Lew Rudin was always there, in times of thropy and activism. Lew Rudin bet on Rachel; Jack and Susan; Beth and joy and times of triumph, leading the cheers December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8825 for this City and making things happen. But, The death of Lew Rudin gives us reason to was anything worse than losing your as we know now too well, all is not joy and mourn. But his life gives us so much to cele- eyesight, she said, ‘‘yes, losing your vi- triumph. And it was during times like brate. Lew Rudin has left us with more than sion.’’ Louie, you never lost your vi- these—the toughest of times—when Lew memories—he has left us a rich legacy of his Rudin’s ‘‘polished apple’’ shone brightest. He sion. friendship, a legacy of caring, and a legacy of Lew, I knew when you got to the first knew, as did Dr. King, that: ‘‘The ultimate doing for others. It is said that service to measure of a man is not where he stands in others is the rent we pay for our space on tee up in Heaven, Gray Morton was moments of comfort and convenience, but earth. Lew Rudin departed us paid in full. waiting for you. Just remember he’s a where he stands at times of challenge and Let him not look down and find any of us in lousy cart driver and don’t give him controversy.’’ arrears. any gimmes, he chokes on the short It was Lew Ruding who stood with Abe ones. Beame on the deck of what was then consid- BY IRA HARRIS Until we tee it up again . . . I’ll miss ered a sinking ship, and brought us in to a safe port. They refused to deliver up New Louie . . . when Rachel & Billing you. York City to default. Instead, with the help called Monday and said you wanted to see all your friends I cried as I realized Good Morning, of other faithful New Yorkers—Governor On behalf of Rachel, Jack, Susan, Hugh Carey, Victor Gotbaum, Felix there was going to be no more golf Beth, Cliff, Carlton, Kyle, Ophelia, Rohatyn, Barry Feinstein, Jack Bigel, games or early morning or late night Samantha, Michael, myself and the en- among them—they weathered the storm of phone calls. When you asked me to tire Rudin Family we thank you all for the most severe fiscal crisis this city has speak today I felt like I had just been coming. My dad would be upset that we ever seen. given the greatest honor one could re- And, with a national coalition in which are holding his funeral on Sunday, as ceive. Senators Moynihan and D’Amato, Cardinal he knows many of you have sacrificed I want to talk about Lew Rudin, the O’Connor, Jay Kriegel, and my other brother your golf games to be here; he did not Charlie Rangel played pivotal roles, Lew friend that so many of us were so privi- like to inconvenience people. But I went toe-to-toe with the President of the leged to have. The guy with whom I know everyone here is very happy to United States to fight off an attempt to spend so many good times on the golf make that sacrifice and be a part of the abolish deductions of state and local taxes— course. The guy who had that great a move that would have caused corporations celebration of his wonderful life. to flee our City. It couldn’t have been done sense of humor. I remember the gleam Dad, deciding where to seat people without Lew Rudin. This City is, indeed, in in your eye when we found out the first today was tougher than seating an his debt. time I played the Nabisco-Dinah Shore, ABNY breakfast. If you were here Lew Rudin was the heart of what has been that my celebrity partner was not one today, you would be looking out at this called the ‘‘Naked City’’, a phrase all the of the great sports heroes like Frank more poignant in light of the events of Sep- incredible audience made up your fam- Gifford or Bobbie Orr, or a movie star ily, friends, co-workers, and the many tember 11th. And he gave us so much more like Kevin Costner, but you, ‘‘Mister than magnificent structures and symbols. He leaders of business, politics, labor, gave us an unparalleled example of civic re- New York’’. I gave you the needle when media, not-for-profit and sports world, sponsibility and commitment. And, man, do I told you that I was going to ask for and the working men and women, like we need him now! In his final days, he was so my money back, but you then re- Alex his caddy and Jose his doorman, proud of his fellow New Yorkers . . . of his minded me that I was a guest of RJR. that gave as you used to call New York City’s spirit and resilience. He was proud of President Ford reminded me yester- our resolve to rebuild our structures and re- ‘‘Your Town’’ its energy and vitality. day, when we were telling ‘‘Lew’’ sto- It always amazed me how my father claim our lives. He applauded the heroic ef- ries, how Phil Waterman and I got even forts to rescue the missing, honor the dead referred to a city of 8 million people, a and restore order to the City he helped to by telling everybody at the Ford tour- melting pot of every race, nationality, build, helped to save, and loved so dearly. nament in Vail that Rachel had made a creed and religion as just ‘‘a town’’. He Lew Rudin was, indeed, a true friend to ‘‘hole in one’’ that day. Bob Barrett got beautifully and poetically synthesized this City. And he remained a true friend to you to pick up the whole bill in her the capital of the world into a small his dying day. And this he did because he had honor at the party that night at the sa- a deep and abiding commitment and caring town where everyone knows each other loon in Vail. You never complained and works together to make ‘‘his for the people of New York. For all of the even when Rachel announced that she people of New York. So many times, Lew town’’ a better place. Rudin was the only white person in a sea of had now conquered the game and was If my father was standing here today black and brown faces, whether occasioned going to retire from golf. President he would ask Mayor Giuliani, Governor by a time of conflict or a time of celebration. Ford said playing golf with you was al- Pataki, and members of New York’s Without fail, the annual gathering of the ways a treat. He said to say thanks Finest and Bravest to stand up and re- One Hundred Black Men and the Association again for all your support over the ceive our thanks and gratitude for for a Better New York found Lew and Jack, years to both his and Betty’s tour- what an incredible job they have done Howard Rubenstein, Bob Tisch, Alan naments, and for being such a good Tishman, Al Marshal, Burt Roberts and oth- to pull this city together during these ers in brotherhood with Bruce Llewellyn, Ar- friend to both of them. trying times. He would tell us, just like thur Barnes, Roscoe Brown, Luther Gatling It wasn’t just presidents who loved he did with Governor Mario Cuomo the and Paul Williams. Lew always welcomed, and admired you, but it was all the day after bombing, what strategies we and was always welcomed by all the commu- pros and caddies too. Whatever tour- should be using to rebuild Lower Man- nities of this City. nament you arrived at it was always hattan and then give us a pep talk on Lew Rudin lived his life according to very the same, the caddies crying out ‘‘Mr. how that if we work together we can basic principles. He was heir to a family phi- Lew, Mr. Lew’’. They all loved you and losophy taught by his beloved parents, Sam- accomplish anything. uel and May, that giving is its own reward it wasn’t because they were impressed This morning you will hear from the . . . and giving of self is glorious. He shared with your swing, but because you were other speakers about how my father that philosophy with Jack, and passed it on you. . . . Then there was the time we and his brother, Jack, carried on the to his son Billy and daughter Beth. He gave were playing a tournament and you tradition, established by their parents, his all to this City and its people, and gave missed three shots in a row in the sand. May and Sam, of building major office of himself to many of us as individuals. You threw your club down, took out Those of us who had the great good fortune and apartment buildings in New York to know him as a friend and brother have your cell phone and called your favor- City. And then using that position and been blessed to know intimately . . . what ite pro at Deepdale, Darrel Kestner, to power to help his town. manner of man he was. Joyce and I will miss find out what you were doing wrong. You will hear how he helped save you, Lew. Our lives are so much fuller for Yes, Lew, I could go on all day telling New York City several times from the having known you. You gave us the gift of Lew Rudin stories. brink of bankruptcy, your wisdom and humor, your counsel and You loved to brag about your kids How he formed ABNY in 1971. your support . . . you gave us the gift of and grandchildren. They were so im- How he saved the United States Ten- your friendship. And there is no greater gift. portant to you. You left them the high- nis Association from moving out of The City of New York is a better place be- cause you were here. And we promise you, est crown of life—a good name. New York and How he and Jack helped Lew, that we will not permit your City to re- You never let your failing eyesight start one of the world’s premier sport- main buried in ashes. We will rebuild, we will interfere with golf or anything else. ing events. The New York city Mara- restore, we will reclaim. Helen Keller was once asked if there thon in 1976. H8826 CONGRESSIONAL RECORD — HOUSE December 4, 2001 You will hear of Dad’s golf exploits trying to get him back on the golf you all. He also wanted me to espe- and how at The Bing Crosby Pebble course. Mom, we love you very much cially thank his personal staff and ex- Beach Pro-Am he was on TV for a half and we will never forget the joy and press words of gratitude to each of you. an hour having his famous golf swing happiness you brought to Pops. Saundra, Lori, Chris, Tammy, Antoi- analyzed by Ken Venturi. Fifi, that was Pops’ nickname for my nette, Horace, Mary, Maggie, Krista, How he loved his many calm, relax- beautiful wife Ophelia. He loved you Doris and Isabel, he could not have got- ing, quiet games of golf at his favorite and knew you were always there for ten through his busy day and accom- clubs, Deepdale and The Palm Beach him for the last 25 years, as he was al- plished so much without all of you. Country Club with his buddies, espe- ways there for you. He knew what an Several people have asked me what cially Burt Roberts, Ira Harris, Gene important part you played in my life, will happen to ABNY now that Lewis is Goldfarb, Jack Callahan, and Jimmy always giving me support and encour- not here, the answer is simple, with the Peters. Guys, he loved taking your agement and giving me true happiness. wisdom and experience of my father’s money. For a man ‘‘almost’’ blind he Your love and dedication particularly generation, the energy and drive of my could sure hit those 40 foot puts. during his illness and making him feel generation, the enthusiasm and opti- You will hear about his wonderful at peace with his decisions is truly re- mism of our children’s generation and medical team at New York Hospital markable. You helped him fight an in- the love and power that fills this sanc- and his excellent private nursing staff credible fight with will and determina- tuary, we commit to you, Pops, that who cared for him while he was ill and tion, strength and guts that is a role the ABNY legacy will continue and we helped prolonged his life. model for us all. Fifi, as he would say will fulfill your vision for a better New And I am sure you will hear about looking up from behind his desk in the York. I asked everyone here and many other aspects of a very success- den at Palm Beach, with his glasses throughout this great city, to help us ful, powerful but caring man. partially down on his nose, ‘‘Would you fulfill Pops’ mission and help us rebuild To his friends he was Lew, Lewis, mind coming over and read the paper and renew Pops’ town. Luigi, or Mr. New York. But to Rachel, to me?’’ ‘‘sure Popsical’’, she would re- One of the reasons I believe my dad Ophelia, Samantha, Michael, Kyle, spond, ‘‘What section would you like fought so long was so that he could see Carlton, Beth and myself, he was just me to start with?’’ He loved you very his beloved synagogue re-open. Two Pops. A man who would stop whatever much. weeks ago today he participated in the he was doing, even when talking to a Beth, the other night as Dad’s rededication. This synagogue and its Mayor, Governor, major tenant or breaths were slowing, you hugged me leadership is a role model for down- banker and stop to take our call to us and said I had big shoes to fill, I town. Thank you Rabbi Rubinstein for give directions because we were stuck hugged you back and said and I know being such a good friend and leader. in traffic on the LIE and wanted to you will help me fill them. Pops relied For a man with limited vision, Pops know a short-cut around it. He was a on you and your wonderful sense of had true vision. He was always looking frustrated commissioner of transpor- philanthropy, your special sensitivity to the future, whether it was the 2nd tation. His door was always open and for finding and getting involved in Avenue subway, new baseball stadiums, he was always available to offer sage causes not necessarily popular but very or bringing the Olympics to NY in 2012; advice whether it be a lease negotia- important such as AIDS, homelessness, his vision stretched throughout his tion, refinancing, personal problem or child advocacy and substance abuse. He town. For a man who talked to Presi- a putt on the 7th hole of Deepdale. was very proud of you and loved you dents, Governors, Mayors and world ‘‘Four inches outside the cup on the very much. He was especially glad to leaders and pinned Big Apples on all of right and do not hit it too hard or else get to know Cliff and see you happy. the, he related to every person of his you will knock it off the green’’. Of Samantha, Michael, Kyle and town, black or white, rich or poor the course many times. I hit it off the Carlton, Pops was very proud of you. same, with dignity and respect. Pops green but the times I did sink the putt Each very special in your own unique saw no color, he loved everyone. Al- he would flash me one of those grins way, but connected by the same in- though he ate at The Four Seasons and that a father has for a son he is very stincts inherited from Pops—compas- ‘‘21’’ he preferred a Sabrett hot dog proud of. For Pops family came first sion, caring, giving back, and each are with kraut and mustard and a cream and foremost. He loved and cherished blessed with the rare ability to bring soda from the hot dog stand on 51st his family and was very happy when we people together and make them feel Street. were all together. important and special—just as Pops Dad was the scientific model for Pops. we will miss those impromptu did. multi-tasking. He was not truly happy visits to the apartment as you were You Kids, are his true legacy. unless he was in his office simulta- heading between 3 cocktail parties and Thank you Uncle Jack for always neously in a meeting, signing leases, 2 charity, black-tie dinners you were being there for Dad and us. Your broth- barking out to Lori to get the Mayor going to that evening just to give your er loved you very much. Dad cherished on line 1; while screaming on line 2 to grandkids a kiss hello. Michael and I your relationship for it was a truly Burt Roberts to be quiet and ‘‘So what will miss our rounds of golf particu- unique partnership. He knows that he if you were in the papers more than me larly with you and Burt. Well, maybe has left behind an awesome responsi- today!’’ not with Burt. Even when tired from bility and weight on your shoulders; He has gone in peace and left behind the chemo treatment, you were always but know that I speak for your kids, his ‘‘town’’ not just a little better but there for your grandchildren, attending our cousins, and Beth, John, Dave, Sid- a great deal better than he found it— a performance by Samantha or going ney and myself and the rest of the This is all he wanted people to remem- out to dinner just so you could be with Rudin Management team, we will all ber him by. all of us. help you carry on the Rudin tradition. Pops, I know right now you are al- Rach, Mom, Thank you for providing The two of you were true role models ready meeting with God to organize Pops with his only ever true home. He on how a family business should be the Association for a Better Heaven, loved what you had created in Palm run—we will make you proud. probably telling him to be brief be- Beach, he truly relaxed down there. We Thank you all at Rudin Management cause you have a tee-off time with your will continue to cherish the memories Company and at ABNY for all your friend Gary Morton in an hour. of all the wonderful vacations and holi- support, dedication and love. Lewis Moments after Pops made the transi- days we spent together. Thank you for cared for all of you and wanted to tion to the next world the other morn- sharing it with all of us. know he appreciated everything you ing, surrounded by his loving family, Pops, Know that we will take care of did for him and his family. Last week the phone started to ring. I looked Rachel and the rest of yours and her I told him what happened downtown around to everyone and said, ‘‘It must family. Rach, or as he lovingly called and how brave and heroic our men and be Pops. he borrowed God’s cell phone you Dr. Gotsmacher, Pops was not the women performed under unbearable to let us know he got to Heaven safe- easiest patient but he knew you were circumstances. He was very proud of ly.’’ always taking good care of him and each and every one of you. He loved We love and miss you Pops. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8827 THE HISTORY OF NAFTA AND since it had been 5 years or so; and how and wife are both working 10 hours a TRADE PROMOTION AUTHORITY were people in Mexico doing under day, 6 six days a week for big American The SPEAKER pro tempore. Under NAFTA. corporations, making 90 cents an hour, the Speaker’s announced policy of Jan- I went to the home of two people who they live in shacks with dirt floors, no uary 3, 2001, the gentleman from Ohio worked at General Electric, one of electricity, with no running water, (Mr. BROWN) is recognized for 60 min- America’s and one of the world’s larg- shacks made of packing materials com- utes as the designee of the minority est corporations. They were a husband ing from the company where they leader. and wife, and lived in a shack not much work. Mr. BROWN of Ohio. Mr. Speaker, I bigger than 20 feet by 20 feet. This This is the picture of the free trade. was a little disappointed a moment ago shack had no running water, no elec- This is the picture of the future under when my colleague, the gentleman tricity, a dirt floor. When it rained NAFTA and a picture of the future under extension or expansion of from Virginia (Mr. CANTOR), spoke on hard, this floor turned to mud. this floor in support of the Trade Pro- Now, these were two people who NAFTA to Latin America through the motion Authority. worked at General Electric at 90 cents Trade Promotion Authority proposal. We all, including viewers of these an hour, they each made, 3 miles from FOOD SAFETY proceedings, Members of Congress in the United States of America. Behind Mr. Speaker, I would like to talk a their offices, Members of Congress that their shack was a ditch about 3 feet little bit about food safety tonight, be- stop by and watch these proceedings, wide. Across that ditch was a 2-by-4 cause one of the things I learned as and others that tune into C–SPAN, see people could walk across to get to Congress has passed NAFTA in 1993, I often Members of Congress simply shacks on sort of the next block, if you think not a good reflection on this talking about issues. They tell their will. body, but nonetheless Congress passed side for an hour or 30 minutes, and the This ditch, flowing through this NAFTA in 1993, what I found inter- other side tells the other side, some- ditch was some kind of effluent. It esting about food safety is under times by party, sometimes by issue. could have been human waste, it could NAFTA one of the things that has hap- It is too bad that we did not get a have been industrial waste, and likely pened with food safety and with trade chance today, as I would have liked to, it was both. Children were playing in law is that pesticides that we have to engage in a discussion as my col- this ditch. The American Medical Asso- banned in this country, a chemical league from Virginia began on his side ciation, the Nation’s doctors, called company might make something like a discussion of NAFTA and what the the border along the United States- DDT; it is still legal to make the pes- North American Free Trade Agreement Mexican border a cesspool of infectious ticide in our country, it is simply ille- has meant to this country. diseases. They claimed that this area is gal to apply those pesticides to fields There is so much to talk about with perhaps probably the worst place for in our country or to gardens or to the North American Free Trade Agree- infectious diseases in the western lawns or anything. ment. While that passed back in No- hemisphere. Certain pesticides that are banned are banned for use in this country, but vember of 1993, my first year in this in- b 2115 American companies still make pes- stitution, and took effect in January of Now, when you visit the colonias 1994, a couple of months later, what has ticides and they export some of them where these Mexican workers, almost to Mexico. So when we buy straw- happened with the North American all of whom work for major American Free Trade Agreement is very, very berries and raspberries from Mexico, in corporations, where in this country many cases those strawberries and significant in this body today. That is those workers are paid $15, $10, often because on Thursday the issue my raspberries would have had applied to $20 an hour working under generally them pesticides that are illegal in this friend, the gentleman from Virginia, safe working conditions protected by country to use, but were made in this was just talking about, the Trade Pro- government regulation that keeps country and exported to those coun- motion Authority, which used to be these workplaces safe, generally those tries for their farmers to use. called Fast Track until Fast Track be- companies dispose of their industrial Many of those farms are owned by came so singularly unpopular a term, waste into the air or into the water large companies where there is not after this body had defeated Fast properly, so it does not pollute in the high regard for the workers’ health, Track not once but twice, in fact, in neighborhood very much. All of those where there is not high regard, frankly, the late nineties, nonetheless, Presi- companies in Mexico tend not to follow for the end product in terms of its safe- dent Bush is bringing back Fast Track these rules. They tend not to install ty for consumers’ dining room, break- in a new cloak, only a new name, not worker safety regulations and worker fast room tables. much different, called Trade Pro- safety protections in the workplace. So what happens, Mr. Speaker, is so motion Authority. Trade Promotion They tend not to dispose of their waste often a pesticide will end up sold to Authority mostly is simply about tak- properly for the healthy well-being of Mexico, made by an American com- ing NAFTA and all of its pluses and their employees and the neighbors. Of pany, applied by dirt-poor, underpaid minuses and extending NAFTA to the course, the wages are one-tenth, one- farmers, barely making a living, jeop- rest of Latin America. I think that fifteenth, one-twentieth as much, 3 ardizing their health, because putting most people in this country, if NAFTA miles from the United States. these pesticides on the land is every bit came to a vote, would say, I do not As you walk through these neighbor- as dangerous, if not more so, because of think we really want to expand NAFTA hoods, these colonias, you usually can the amounts they use, the volume they to the rest of Latin America, the Presi- tell where the worker works because use, perhaps more dangerous than the dent’s flowery words notwithstanding their homes are constructed, the roofs ultimate consumption of those fruits and the flowery words of my friend, the and walls, the homes are constructed of and vegetables. gentleman from Virginia (Mr. CANTOR), packing materials that come from the Mr. Speaker, after the pesticides are notwithstanding. companies where they work. They un- produced in the United States, sold to Mr. Speaker, the issue of NAFTA can load equipment. They unload supplies. Mexico, applied on food, to straw- be encapsulated in a story that I would They unload components from a sup- berries and raspberries in Mexico, like to tell. Back when Congress in the plier and they take those boxes home. those fruits and vegetables are then late nineties considered expanding They might take boxes from General sold back into the United States. And, NAFTA to the rest of Latin America, Electric or General Motors, wherever frankly, it is pretty certain that pes- considered what was then called Fast these companies are, wherever these ticide residues are still on those vege- Track, now granting Trade Promotion employees work, they might take those tables or strawberries and raspberries Authority to this President, I, at my boxes home. They might be wood and other fruits. So rest assured, in own expense, flew to McAllen, Texas, crates, whatever, and they construct some cases as these fruit and vegeta- rented a car with a couple of friends, their homes with these crates and bles come across the border, generally and went to Reynosa, Mexico, to see boxes and packing material. dismantled by the Gingrich years in what the face of the free trade future As you walk through the colonias in this congressional body, our food safe- looked like; how was NAFTA working, these neighborhoods where the husband ty and food inspection measures at the H8828 CONGRESSIONAL RECORD — HOUSE December 4, 2001 border are so weakened or so unsub- food plants, inspect 41⁄2 million im- TUR), who has been to Mexico, who has stantial, if you will, that this creates ported food items each year. seen all of these food safety issues. some danger for American consumers. As I said, in 1993 when NAFTA was She, I believe, will talk about some In fact, it is three times more likely passed, 8 percent of fruits and vegeta- other things with Fast Track also. I that fruits and vegetables in the bles were inspected. Today that num- yield to my friend from Lucas County, United States, imported fruits and ber is down to .7 percent, seven-tenths Ohio (Ms. KAPTUR). vegetables are contaminated, three of 1 percent of fruits and vegetables are Ms. KAPTUR. Mr. Speaker, I want to times more likely contaminated than inspected. thank the gentleman from Ohio (Mr. those grown in the United States. We do not have the equipment on the BROWN), the very able Member from Instead of our passing trade laws that border to check for E. coli. We do not the Lorain, Ohio region, for asking me say we do not allow these pesticides in have the equipment on the border to to join him in this Special Order this our country, we will buy your fruits check for microbial contaminants. We evening. I do not want to consume an and vegetables but you are not going to do not have the equipment on the bor- undue amount of his time, and want to allow those pesticides to be used ei- der to check for pesticide residues. You say that we are a better country and ther, we do not do that. We simply say cannot hold broccoli and you cannot world because of his involvement and come on in, bring them in. hold strawberries at the border for 2 leadership on this issue in the area of Let me talk about food safety and weeks until the lab tests come back. So trade, jobs, the betterment of the what is happening. In 1993, 8 percent of basically our food inspections at the working conditions of America’s work- fruits and vegetables coming into the border simply do not work right. ers and workers around the world. It is United States were inspected at the Now, Mr. Speaker, today we had a my great pleasure to join him this border. Today that figure has dropped news conference to discuss this, and I evening. to one-tenth that amount. Seven- want to mention one more thing before I am reminded of the former Gov- tenths of 1 percent of fruits and vegeta- I yield to my friend, the gentlewoman ernor of Texas, Ann Richards, who used bles coming into the United States are from Ohio (Ms. KAPTUR). to always say, ‘‘You can put lipstick on inspected at the border. That means, if The executive director, Mohammed a pig and call it Monique, but it is still my math is right, that means for every Akhter, a physician, is the executive a pig.’’ 140 truckloads of broccoli, one truck- director of the American Public Health In thinking about what is called load is inspected. For every 140 crates Association. He said in no uncertain Trade Promotion Authority, I am re- of broccoli, 1 crate is inspected. For words that fast track Trade Promotion minded of the trade debates we have every 140 bunches of broccoli, 1 bunch Authority will undoubtedly mean more had here in the Congress where the ad- is inspected. fruits and vegetables into the United ministration always changes the name. That does not bring a lot of con- States and a smaller and smaller and We know it is Fast Track. They tried fidence to the American public, the smaller percentage of those fruits and to do that to us before where they consuming public, the eating public, if vegetables inspected. There is no bring a trade measure before the Con- you will, as we eat the fruits and vege- doubt, because we have passed NAFTA gress and we have no opportunity to tables coming from these countries. on the cheap. We did nothing for truck When I went to the border, and I am amend it. Through the Committee on safety, nothing for food safety, nothing joined by my friend, the gentlewoman Rules, they take away the constitu- for drug interdiction when we passed tional rights of this Congress to amend from Ohio (Ms. KAPTUR) who is one of the premier experts in this Congress NAFTA. As traffic and congested in- and to involve itself in trade-making. and in this country in agriculture. She creased 4 times, 400 percent along the It is right in the Constitution. Pick up is the ranking Democrat on the agri- border, we did nothing to prepare. a copy of it and read it. So Fast Track basically handcuffs culture Committee on Appropriations. There is nothing to prepare in the She knows food safety in and out. Trade Promotion Authority that the the Congress of the United States and Before I yield to her, I want to tell President is asking for to prepare for takes away our constitutional power to another story about that same visit to food safety inspections. We still are not make the trade laws for this Nation, Mexico where I stood at the border and doing our job. Especially the director because it says any president can nego- watched the inspection of broccoli. I of the American Public Health Associa- tiate an agreement with 59 other coun- mentioned broccoli earlier because it is tion, the highest-ranking public health tries and not have to negotiate with us. so in my mind from watching this in- official in the country is saying that Just bring it up here and try to fast spection. passage of Trade Promotion Authority, track it through. The FDA inspector who was doing his in his words, will mean more unsafe So when that ran into trouble, and job, doing his best, he in those days food in the United States, more out- the gentleman might recall this, when was inspecting 2 percent of vegetables breaks of disease, more infectious dis- we became involved with China, they coming in. Since then, because of budg- ease in the American people. could not call it Fast Track. They had et cuts that this Congress continues to Last year 5,000 Americans died from something called Most Favored Nation. do on public health issues and public food-borne illnesses, not all of them They could not use Most Favored Na- safety issues, and nothing is more im- from imports to be sure, but it is three tion, so then they changed the name. portant to public health and public times more likely imports cause dis- They said we will call it Normal Trade safety than a clean food supply, he was ease than locally grown produce. Not Relations with China. Well, no rela- inspecting 2 percent then, it is one- that we do not need to do better in tions with China are normal. We are third that amount now, about .7 per- both; 5,000 people died of food-borne ill- not dealing with a country that even cent. nesses, 80,000 people went to the hos- recognizes any democratic rights, no He took a crate of broccoli off a pital from food-borne illnesses; 300,000 worker rights, no religious rights, cor- truck, put it down next to him, took people were sick from food-borne ill- ruption at every level, state-owned broccoli in his hand, took a bunch in nesses. companies, prison labor. And they each hand and slammed it down on a That is something we should not be want to have normal trade relations. steel grate and was looking for pests, proud of. Those numbers are going up So they changed the name. for insects to fall out of that broccoli, more every single year. Those numbers Now we are back to, we had the presumably dead or alive insects. If will keep going up. In the words of the North American Free Trade Agree- there had been insects that were alive executive director of American Public ment, NAFTA; like a treaty, and we that fell out, he would have put the Health Association, those numbers will were not allowed to amend. It was ei- whole truckload into a machine that just sky rocket if we pass Trade Pro- ther up or down inside here, and I will would have sprayed the broccoli to motion Authority, simply because we talk about that in a second. Now they make sure any of the pests were dead. are not prepared at the border to do are talking about this Fast Track If the pests were already dead, I am not what we need to do to preserve food agreement for all of Latin America, sure what he would have done. safety for the American public. not just Mexico, but adding Brazil and The FDA has only 750 inspectors, Mr. Speaker, I yield to the gentle- Argentina and a lot of other countries; spends $260 million to scrutinize 60,000 woman from Toledo, Ohio (Ms. KAP- but they do not want to call it Fast December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8829 Track. No, we cannot call it what it jobs in this country, and it is the rea- Normal Trade Relations to confuse as really is. No amendment by Congress son that the census bureau and all the many people as possible, during that to a trade agreement negotiated by the income statistics that have just come debate the administration promised, President. We are going to call it Trade out have shown that the wages of ordi- the supporters and the Republican Promotion Authority. That sounds like nary Americans for the last 10 years leadership and others here promised, homogenized milk. Who can be against have not risen. When one discounts for that American farmers would sell grain that? inflation, people have been running in to China. They said China only had, if Mr. BROWN of Ohio. Reclaiming my place and falling behind and losing I recall, some 12 or 13 million metric time, it is interesting that they have their benefits, as the workers at Enron tons of grain in their storage facilities done that, because even though almost just did as it went bankrupt this week in China; they would be importing every newspaper editor, most of the and they lost their 401(k) plans and lost grain. large newspapers have supported all of everything that they had worked for. What happened? Well, they actually these free trade agreements, because This trade regime that has been set had 50-some million metric tons of they are very conservative and very in place, that disempowers this Con- grain stored in China, and China since close to many corporations, and all the gress to represent our constituents has PNTR passed is now known to be a reasons newspaper editors do. And even produced an economic policy that is grain exporter. So every time we have with all of that and the President being drumming down the middle class in a trade agreement, the agriculture for it and the business leaders being for this country and forcing people around community, family farmers like the this trade agreement, even with all of the world to work for almost nothing. Snyder family in Richland County that, the American public clearly op- I would be pleased to yield. where I used to work as a kid on a fam- ily farm, family farmers like that are pose NAFTA, clearly oppose Most Fa- Mr. BROWN of Ohio. As my friend, promised that they are going to be able vored Nation status with China, clearly the gentlewoman from Ohio (Ms. KAP- to export more grain, they are going to oppose what we do in the World Trade TUR), says, the biggest reason that be able to export more fruits and vege- Organization, clearly oppose Fast wages have been stagnant in this coun- tables all over the world because these Track. try, understand for the 10 or 20 percent trade agreements create all kinds of Each one of these issues the public on top, salaries have gone up, but for most of the public, in the last 10 years, new markets. opposes. So as the public builds its un- The fact is, rarely, if ever, does at a time of supposed economic growth, derstanding of these issues, they al- American agriculture benefit. Some of wages have not risen; and one of the ways, as my friend from Toledo points the big American grain companies ben- major reasons for that is that company out, they always change the name. So efit, but almost never do family farm- after company after company simply Most Favored Nation status became ers benefit, whether they are corn threatens to go to Mexico or threatens PNTR. What is that? Fast Track Au- farmers, whether they are tomato to go to Haiti or threatens to go to thority became Trade Promotion Au- farmers, especially if they are tomato thority. What is that? So they continue Honduras or threatens to go to China; farmers, winter vegetable farmers, to try to confuse the public, and the and workers then are much less likely fruit and vegetable farmers in Florida public always catches up and under- to demand wage increases, and in many where the price of tomatoes went up stands it. You can bet 3 years from now times, many cases will give due wage and Mexico has increased their tomato when they are trying this again after give-backs so the company will stay production exports to the United we defeat it on Thursday, they will try there. States and American farmers have it next year and the year after. They York Manufacturing in O’Leary, gone out of business and Americans are will come up with a new name because Ohio, was faced with threat after paying more for tomatoes. Trade Promotion Authority will not be threat after threat of moving produc- So we get it three ways: we lose jobs, a very acceptable name to the public. tion to Mexico. Their wages stagnated prices often go up, and small farmers, Mr. Speaker, I yield to the gentle- for several years. Even then finally the even in Mexico, are put out of business, woman from Ohio (Ms. KAPTUR). company closed, moved part of its pro- also. duction to another place in the United b 2130 Ms. KAPTUR. The gentleman raises States and most of its production to an excellent point; and if there are Ms. KAPTUR. Mr. Speaker, that is Mexico. So those wages were stagnant farmers listening to us this evening, correct and the reason that the public for several years, then the factory was this Member of Congress’ opinion is does not support any of these is be- closed and the wages became zero. that the answer for increasing income cause they have been hit directly. That Ms. KAPTUR. Mr. Speaker, I hope to America’s farmers does not lie in means they have lost their jobs. that every worker in America who has the export market. Rather, it lies in re- In this country, ask the Brachs lost their job because of one of these capturing the market that we have lost Candy workers in Chicago where their trade agreements will write the gen- here at home and moving our produc- jobs are moving, already to Argentina, tleman from Ohio (Mr. BROWN) or my- tion to higher value-added products, in- because of the way in which sugar is self, will tell us who they are because cluding the production of new fuels. produced in Argentina, and Brachs uses we are going to keep a list of who they If one looks at what is going on in a lot of sugar. So they cannot have are because there are now millions and Minnesota, with the corn growers in farmers producing sugar, and the gen- millions of Americans who have been Minnesota, they have raised the price tleman from Ohio (Mr. BROWN) talked a hurt by these misguided trade agree- they are getting per bushel by the pro- lot about foreign policy in agriculture; ments. duction of ethanol in southeastern, but because they can have plantation I heard some of the prior speakers southwestern Minnesota by one dollar. style sugar production, where workers saying how great this would be for In other words, they are at a low per earn nothing, where there are no envi- trade and it is going to create all these bushel cost, about a $1.65, which is ronmental standards, where one does great exports and cheap imports, and lower than we have in Ohio. They have not have to dispose of field waste in an the truth of the matter is that is not actually added a dollar, not through environmentally responsible way, and happening either way. exports, but through producing for the then companies like Wal-Mart, the First of all, in terms of exports, take people in their own State; and we have largest purchaser of Brachs Candy, can Argentina and beef. Argentina now ex- to look toward new uses of agricultural set the price it wants. ports more beef before this authority product by our consumers here in this That is what is going on in the world. even voted on, and wait until after it is country; and we here at the Federal Ask the workers at Phillip’s Elec- passed, than we export to them. We are level, including our Department of Ag- tronics in Ottawa, Ohio, whose jobs are already a net importer of beef from Ar- riculture, our Department of Energy, being moved to Mexico; ask the work- gentina. have to help our farmer reposition in ers at Fruit of the Loom in Mississippi. Mr. BROWN of Ohio. In China, during an international marketplace in which One can go State by State, region by the PNTR, remember, the Most Fa- they have been forced to become the region; and one can see the outsourcing vored Nation Status that we talked low-price producers, and they are not of manufacturing and of agricultural about, they changed it to Permanent able to make ends meet. H8830 CONGRESSIONAL RECORD — HOUSE December 4, 2001 They have got it backwards. We to make. Not a single one of those PT pointed out, they are industrial tour- ought to be helping our farmers here at Cruisers is made in the United States ists. These components go from the home invest here in order to recapture of America. Every single one of them is United States to Mexico, almost like a new markets in value-added markets made in Mexico, and when one goes San Diego teenager going to Tijuana here at home. And I wondered if I just down to Mexico, how many Mexicans for the weekend. The components go to might put some facts on the record be- do we see driving PT Cruisers? We do Mexico for a couple of days; they are cause they are so staggering they often not see any. Why? They cannot afford industrial tourists. They get assembled get lost in the debate, but they are im- them. They are sent up here, and the into cars and they come back into the portant to talk about. amount of automotive trade has just United States. Everybody except for Let us talk about Mexico, and a lot tripled between Mexico and the United the large company loses. American of us were here and fought against States. Those are jobs that used to be workers lose their jobs; Mexican work- NAFTA. It actually broke my heart be- here. They are now being made in Mex- ers are paid subsistence wages and can cause I knew how many people would ico, and our trade deficit in automotive never get off the bottom. be displaced here at home, and in Mex- has just exploded. Ms. KAPTUR. The gentleman raises ico; the wages had been cut in half. What it is, it is the relocation of pro- an excellent point because those are They had been cut in half. So one can duction. So that is NAFTA, that is not real exports. They are U-turn ask who is making the money off a sys- Mexico, and Trade Promotion Author- goods. The gentleman is right. They tem where workers like Phillips work- ity. We are going to see the same with are industrial tourists. They do not ers in Ohio, thousands of them, lose Brazil, the same with Argentina, any really create real wealth. They are their jobs and those jobs are moved to country simply because they do not merely there to try to exploit cheap Mexico and the people down there, have systems of governance, and their labor, and this is happening all over their wages have been cut in half. So economic systems are not developed in the world, and the American people who is making the money off this? a way that ordinary working people know it intuitively because when they That is the real invisible hand. That is can benefit from this kind of invest- go shop, it does not matter what one the invisible hand that we need to iden- ment. buys, it is all made someplace else. tify. Mr. BROWN of Ohio. Mr. Speaker, In fact, trying to find something If one looks at the U.S. trade bal- would the gentlewoman yield about made in America is now an exception, ances with Mexico, prior to NAFTA’s autos for one second? rather than the rule; and that is drain- passage, the black bars represent trade Ms. KAPTUR. I would be pleased to ing out of our economy in a very invis- balances, we had a trade surplus with yield to the gentleman. ible way to the ordinary person’s expe- Mexico. That means we sent them, sold Mr. BROWN of Ohio. Mr. Speaker, I rience the money that should be there them, more than they sold us. The heard the gentlewoman say many years for health benefits, the money that minute NAFTA was signed, our trade ago, before I made my first trip to Mex- should be there for retirement benefits, balance began to turn into trade defi- ico to look at sort of what was hap- the money that should be available in cits. That means they are selling us pening in these industrial plants, that local regions to support the construc- more than we are selling them. That is when one goes to Mexico and went to tion of schools, all these tax abate- a negative on the international trade an auto plant where Mexican workers ments that are being handed out left ledger; and it is a very, very serious are making 90 cents an hour, roughly, and right in all the 50 States to try to one. that when one visited a Mexican auto attract some of this investment that is I wanted to point out a couple of plant it looked a lot like an American moving to other locales around the other points. It is not only a deficit. It auto plant. world. They are not paying their fair is a growing huge deficit. Prior to I remember the gentlewoman from share of property taxes and of taxes for NAFTA’s passage in 1993, we had a $51.7 Ohio (Ms. KAPTUR) said this years ago, education and all of the sudden edu- billion surplus with Mexico. That has that for the first time, that its tech- cation is being Federalized simply be- now turned into a $24 billion annual nology was up to date; the plant some- cause local regions do not have the record deficit. With Canada, which was times was even more modern than money to pay for the schools. There are lots of costs for what we also a party to NAFTA, we had before American plants, they are newer; the are seeing; and one of the biggest costs NAFTA a problem already. We had a workers were productive, they were is America’s image abroad, and let me $10 billion trade deficit with Canada. working hard and the floors were clean. give one example. Recently, I had a Guess what, since NAFTA passed we Everything looked just like an Amer- most compelling set of visitors in my have a $50 billion trade deficit with ican auto plant except for one thing: district from the nation of Bangladesh, Canada, the worst in the history of this the Mexican auto plant did not have a one of the poorest nations in the world, parking lot because the workers could continent. with over a hundred million people; So NAFTA has really had a reversal not afford to buy the cars. and these were women workers. They of fortune for our country and in one One can go all the way around the did not speak English, but they came very important sector, and I just want world to Malaysia and go to the Motor- with a translator, and what did they to look at the automotive industry for ola plant, and the workers cannot af- do? Every hour, each of them makes a second. They said this would be just ford to buy the cell phones. One can 320 hats, ball caps and T-shirts, for terrific for jobs in America; we would come back to the New World, to Haiti places like Ohio State, the University create all these jobs. What we are and go to a Disney plant and the work- of Michigan, all of our Big 10 schools, doing is parts are being sent down to ers cannot afford to buy the toys or one all these football teams and all around Mexico from this country, things are can go back to China into a Nike plant our country. For each hat that these being done to them, they are being and the workers cannot afford to buy women make, they are paid one and a stamped, they are being bent, they are the shoes. half cents. being this and that. They are put in The tragedy of these trade agree- When those hats land in the United cars that are sent then from Mexico to ments is that workers are creating States, according to U.S. customs the United States. So prior to NAFTA’s wealth for large corporations, and they forms, the total cost of the material, passage, we already had a stream of are not sharing in the wealth they cre- the labor and the transportation is $1. production where production was being ate. They are paid barely enough to relocated from our country not to sell live on. They will never be in the mid- b 2145 cars to Mexico’s consumers, because dle class, and as the gentlewoman from The average cost of one of those caps they do not earn enough to buy them, Ohio (Ms. KAPTUR) said, they will never at any one of our universities is over but they back-doored the production be able to buy American products. $17. So you ask yourself, who is making into Mexico in order to pay the work- That is why the arrow always goes one the money? ers almost nothing and then send those way. And what is going on with this kind cars up here. We send industrial components to of system is that the very big investors In fact, the most popular car, the PT Mexico. As a friend of ours, Harley around the world, and they have al- Cruiser, PT Cruiser costs about $10,000 Shaken, an economist in California, ways been there, it was true for women December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8831 in the textile industry from the time of of our country and what has been hap- and freedom and the right of ordinary the Lancashire Mills in England, in- pening with these trade deficits year people to better themselves by the vestment moves to an area where they after year after year, lopping probably work that they do. can access cheap labor, and it is up to about 25 percent off of our economic Mr. BROWN of Ohio. I thank my those in political life to hold them ac- prowess in any given year because of friend from Toledo. What she said countable for the communities in the extent of it, over $300 billion. And about trading with democracies is so which they exist. They have no auto- back in, oh, 1974, and then moving into very important. matic right to be here. We allow them the 1980s, we began to move into deficit Last year, during the debate on Most in our system to be here, and they had cumulatively with all these countries, Favored Nation status with China, best respect the political system we and it has gotten worse and worse and what was euphemistically relabeled have created because it is not contin- worse every single year. PNTR, executives and CEOs who nor- ued by magic. It is continued because Now, some people talk about the mally do not bother with workaday of the set of values and beliefs that we budget deficit, where the amount of tax Members of Congress, they normally hold as a people. revenue that we take in as a country is only go to the leaders in each party, With a nation like China with over not enough to pay for all our bills, our the Speaker, the minority leader, $1.250 billion people, and we only have defense expenditures, our Social Secu- whatever; but CEOs were roaming the 270 million people in this country, rity, and all the other things we have halls of Congress and repeating the when there is this kind of trade deficit, to pay for. Well, there is another def- mantra, we want access to China’s 1 and that is what this chart represents, icit, and that is the trade deficit. It is billion consumers; we want to sell our U.S. imports from China exceed our ex- not talked about a whole lot, and peo- products to China’s 1 billion con- ports there by 6 times, by 6 times, the ple often confuse the two, but the trade sumers. But what they really cared amount of trade deficit in any 1 year deficit is another number that is ter- about was access to China’s 1 billion that we are amassing with China is ribly important. Because when we have workers, who could work and sew those over $50 billion annually. That is $50 this deficit, how do we finance it? Ohio State baseball caps and those T- billion that is escaping communities in When other countries and companies shirts from the University of Toledo or this country, workers’ paychecks, make money off this marketplace, from Oberlin College or wherever. They workers’ benefit checks, the taxes that where do they put those earnings? wanted access to those workers who would go into supporting our edu- They have been buying the U.S. Gov- would work, had no choice really, cational system, and it is getting ernment debt. would work for a few cents an hour. worse. When I first came to Congress, 12 per- In the last 10 years, and the gentle- The trade agreement that was signed cent of our debt was owned by foreign woman from Ohio (Ms. KAPTUR) men- with China has not made our trade ac- interests. In other words, every year tioned buying products, trading with counts improve. They have only gotten we would have to pay them interest on democracies, what has happened in the worse every single year. So whether it the loans that they would make to us. last 10 years is western investors, in- is Mexico, whether it is China, whether vestors from France and England and it is Bangladesh, whether it is Argen- Today, that has gone up to 42 percent Germany and the United States and tina, it does not matter. The system is of our Federal debt is owned by foreign Canada, they are not very interested the same system. interests. And every year we have to I hear President Bush talk a whole pay those interests, over $300 billion a anymore in investing in democratic de- lot about evildoers. People can be year now, to pay for their loans to us. veloping countries, countries that are evildoers, but also economic systems So for the younger generation, this is struggling but that are democratic and and political systems can be evildoers. not a stable situation in which to leave developing, still pretty poor but demo- They can do harm in a very, very real the Republic. If anything goes wrong in cratic; they are interested in trading way. Those women from Bangladesh the international marketplace, col- and investing in developing authori- came to my community and told me lapse in Japan, collapse in Germany, tarian countries. that they had to work 7 days a week, whatever might happen in terms of the In other words, they are not all that these young girls, 18, 19, and 20 years economy, the question becomes: Where interested in Taiwan anymore, because old. They would work 12–15 hours a are other investors going to be putting Taiwan, again on Saturday, had a free day, sometimes 20 hours a day, some- their money? How secure is the United election, perhaps the third free elec- times 48 hours straight because they States? Politically, yes, we are very se- tion in Chinese history. So Taiwan is had to meet their production quota or cure; but economically we have some clearly a working democracy. It is suc- their company would lose its contract. pretty big gaping holes in our hull and cessful. They have done all kinds of They would literally curl up and sleep we best take care of it. great things. One of the great success under their sewing machine for 2 or 3 I think that people like my col- stories in the world in the last two dec- hours, and then they would get up and league, the gentleman from Ohio (Mr. ades. They are not so interested in in- sew again. None of them were beyond BROWN), and myself, those who will op- vesting in Taiwan, but they are much the age of 29, and one girl was fired be- pose us this week will say, well, you more interested in investing in Singa- cause she got a gray hair and they said, are not for trade. That is absolutely pore because they have a totalitarian she is getting old, get rid of her. They wrong. That is not even the issue. government there. are treated like dirt. Those people who do not want to talk They are not much interested in in- This is not the image that I want our about the real issue will say that vesting in India, but they are very country to portray internationally. against us. But, in fact, we represent much interested in investing in China. And to most Americans, these are hid- the northern part of Ohio. There is no Why? Because China’s workforce is den activities that they never get a part of America that trades more and docile, it does not talk back, it is an chance to see. But I hope retailers, is more dependent on free enterprise authoritarian country with no demo- some of whom are listening tonight, and the free market than northern cratic elections, with no ability to please, develop some conscience. Your Ohio, because we are heavily auto- speak out, with no ability to change actions have consequence. There is a motive, we are heavily agricultural, we jobs, and with no ability to organize a moral order here that we ought to up- have major ports, seaports, we have 24- trade union. hold. And the economic system that hour-a-day air service out of our com- And that is really why the World you are a party to does not treat peo- munities. We are the major spine of in- Trade Organization, which once met in ple with respect. It is not just commod- dustrial America and also the cross- Seattle in 1999 and had all kinds of ities you are buying, you are buying a roads of the Midwest. demonstrations and all kinds of people chain of production, and there are peo- Seventy-four percent of the Amer- speaking out in opposition to these ple at every juncture along the chain, ican population is within a day’s drive policies, that is why they went to a and the invisible hand should not be in- from my district alone. We are cen- city called Doha, the capital of a coun- visible any more. trally located in our country. We must try called Qatar. The trade ministers If I might, I wanted to share again a trade. But we want to trade in a sys- decided enough of this openness, chart here that shows the long history tem that respects democratic rights enough of this freedom, enough of this H8832 CONGRESSIONAL RECORD — HOUSE December 4, 2001 people assembling and protesting and others forward rather than pit them planted, and to talk to the workers in speaking out and having elections. against one another, which is what is both locations with both Presidents They went to a country where they happening now, I could not help but and with Members of Congress and to like to practice their business. They think of one of the opponents who try to figure out how do we work to- went to a country with no free elec- often comes to the floor and speaks gether as a continent in order to treat tions; a country without the freedom of against the gentleman from Ohio (Mr. workers with the respect they deserve, religion, unless you are publicly a Mus- BROWN) and myself, who usually says, whether in the industrial workplace or lim, you are not allowed to worship well, we have got to trade because the agriculture hinterlands. any other religion; with no freedom of trade brings freedom. Trade brings When we got on the airplane and he assembly; with no freedom of speech; freedom. talked to us, I said, Mr. President, I with no free elections; with no free- They use that phony argument. And I proposed the trip and that we amend doms at all that we are used to. say, yes, we can have free trade among NAFTA to create an organization on an That is really what our trade policy free people, but if we look at what is inter-continental basis for working life has turned into. Our investors want to happening in the Middle East right in the Americas. I said we could have a go to China where they have slave now, there is not any set of nations forum to deal with some of these poign- labor, where they have child labor, that we have traded more with as a ant and deeply difficult and complex where there are no elections, where country than Saudi Arabia, Kuwait, labor and environmental issues. their workers are docile and do not and the United Arab Emirates. Why? He said, no, he did not have a chance talk back, rather than going to a free Because we are totally and stupidly de- to read the letter I sent his staff a country where workers organize, where pendent on imported petroleum. week before. I said, Mr. President, here the environment might be protected, Now, if trade had brought freedom, is another copy of the letter. And I where worker rights are protected. they would have the most lively de- handed another copy to President Fox, That is why many of these countries mocracies in the world. But trillions and I had sent it to the Mexican em- leave the United States to go to China. and trillions of our oil dollars, every bassy. President Bush said, It looks In this country, they pay a Social Se- time we go to the gas pump and we buy kind of thick. Is it single spaced? That curity tax. That money is gone when petroleum, we buy gasoline, half of the is what he said to me. I said it is single spaced, but the they go to China. They pay into Medi- money we spend goes offshore to places paper is folded. That may be why it care. That money is gone when these like Saudi Arabia and Nigeria. And looks a little thick. I said, I would ap- jobs go to China. They have to keep the now they are drilling in Sudan. preciate if you would read it. He said it environment clean in their businesses Mr. BROWN of Ohio. Right. Trade is single spaced, I have to use my glass- here. Do not have to do that in China. and economic activity did not bring They have to pay living wages in this es, and I cannot do it now. freedom to Nazi Germany, to Fascist I said, Mr. President, I appreciate an country. They do not have to do that in Italy. It has not brought freedom in answer because I do not think anything China. They have to have worker pro- any way, all the trade and supposed that I am proposing is very radical. I tections in the workplace. They do not prosperity, to Communist China. And, did not get an answer from the White have to do that in China. as my colleague points out, it has not House. I can say September 11 hap- Why are companies investing in brought freedom to the Middle East, pened and the world shifted, but I did China rather than staying in the where we have all kinds of economic receive a reply from President Fox. United States? Why are they investing exchanges back and forth with Saudi Last night at the White House in China rather than India? Because Arabia. Christmas party, I occasioned to talk India is a democracy, China is not. Ms. KAPTUR. I have a story I want to President Bush, wishing him and his Why not in Taiwan? Because it is a de- to put on the record. I know President wife and all those who are involved in mocracy, Singapore is not. That is why Bush is very high in the polls, and I the war God’s blessing. it is so important that we in fact sup- suppose one would be struck by light- I said, Mr. President, I do have to port trade. ning if they were to try to say any- mention one item: you never did an- My colleague and I both support thing that presents a different truth, swer me on the letter from the air- trade, the gentlewoman from Ohio (Ms. but I have to present that truth be- plane; remember we talked about it? KAPTUR) and myself, and so do all of us cause I personally experienced it. He said oh, yes, and he kind of winked that are against Trade Promotion Au- As my colleague knows, a few and smirked a little bit, and he said it thority. We promote trade, we support months ago, before the terrorist at- must have gotten lost in the shuffle. It trade, we advocate trade, but we want tacks here in our country, President was not even said with seriousness, and to see trade with democratic countries Bush brought the President of Mexico it really hurt me because that is how where workers can share in the wealth to my district, the Ninth District of workers are being treated. They are they create. Not a place like China, Ohio. And one of the reasons he was being lost in the shuffle, in this coun- where the workers at Nike cannot af- brought in there was because, I am try, in Mexico, in places like Ban- ford to buy shoes; not a place like Haiti sure, President Bush would like to gladesh. We are not fully conscious; we where the workers at Disney cannot af- learn more about why people in our re- are not paying attention. We do not ford to buy the toys they make; not a gion, just like people in every region of want to pay attention to the economic place like Malaysia, where the workers America, oppose these trade agree- system that is hurting so many and not for Motorola cannot afford to buy the ments. So he brought in President Fox, treating them with the human dignity cell phones they make. and I had a chance to ride out there on that they deserve. We want workers to share in the Air Force One with both Presidents So much of world history is related wealth they create. They will then join and had a chance to talk to them. to economics. I would say most wars, the middle class and buy American I had asked the White House, and I 74 percent, 75 percent of the reason we products, and we will see both coun- presented President Bush with a letter get in wars relates to economics. The tries raise their living standards. That on the airplane confirming what I had history of this country, the Civil War, is what trade is all about. called about, saying, you know, Mr. the pains of which and the scars of Ms. KAPTUR. While the gentleman President, you and I do not agree on which we are still healing today, what was talking about democracy and NAFTA, and many, many, millions of did it have to do with? It had to do about trying to have a trade regime people have been hurt by NAFTA. with whether or not we would extend that uses the power of the democratic the plantation system of the South to republics of the world and the free en- b 2200 the West, and the plantation system terprise systems with the rule of law But we have to figure out a way to with the slave labor with the kind of that have developed over two cen- improve it and to make it better. I indentured servitude that character- turies, and then invite in the nations would be willing to travel with you ized economic activity up until that that would wish to advance, to have a from any point in America where jobs point. It was about economics. system that would use the strength of have been lost to the places in Mexico Even now to a great extent, in my the democratic republics and bring the where those jobs have been trans- opinion, the unrest and the hatred of so December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8833 many in the Middle East toward us is We are a wealthy enough country to against terrorism, implying that peo- due to the fact that because we have say if you want access to us, you can- ple like myself and the gentlewoman been trading with undemocratic sys- not behave certain ways. If China from Ohio (Ms. KAPTUR) are soft on ter- tems that have not shared that vast wants to sell their products into the rorism, implying that people like the wealth with the ordinary people of United States, and clearly they do be- gentleman from Ohio (Mr. BROWN) and those countries, figured out some more cause the U.S. buys 40 percent of Chi- the gentlewoman from Ohio (Ms. KAP- representative system of government na’s export, and they cannot say we TUR) are a little less patriotic because where all parts of the country could will sell it somewhere else, because we are not supporting the administra- have roads and hospitals and children they are already trying to sell as much tion on these agreements. The fact is would have the ability to go to school, as they can everywhere else. If we say the right side of American values is to not just because you are the king’s we are not going to buy your goods lift people up around the world, not cousin or because you are Sunni as op- anymore if you keep using child labor pull people down. posed to a Shiite, that there are divi- and if you exploit 15- and 16- and 17- Mr. Speaker, it is important, as the sions that do not get full representa- year-old girls and break their spirits gentlewoman from Ohio (Ms. KAPTUR) tion, economics underpins so much of and bodies and souls, and throw them and I discussed, that Members vote the trouble in the world today. out on the streets when they are 22 and against trade promotion authority. Mr. Speaker, I guess that is the rea- make them work in the sex trade and Ms. KAPTUR. Mr. Speaker, I thank son we fight so hard because we know give them no other choice, we could do the gentleman for allowing me to join if we do not do it right in the first that; and that is why it is so dis- him this evening in our great efforts to place, we are going to get a reaction appointing that we pass trade agree- defeat Trade Promotion Authority and down the road that will be like a boo- ments that do exactly the opposite. move toward more democratic trade merang. Instead of lifting up environmental agreements for the world. Mr. BROWN of Ohio. Mr. Speaker, one of the joys of this job, serving as standards around the world, lifting up f wages around the world and lifting up one of 435 Members of this body that HISTORY OF THE CIVIL WAR, MILI- food and drug safety and auto safety, we call the House of Representatives, is TARY TRIBUNALS AND DETEN- instead of doing that we are bringing that we are at an interesting time in TION our history. We are clearly the wealthi- our own standards down. As wages The SPEAKER pro tempore (Mr. est Nation on Earth, the most powerful stagnate in this country because of REHBERG). Under a previous order of militarily. We clearly are a country threats to move abroad, as jobs are the House, the gentleman from Colo- that has the most opportunity to do lost, as we weaken public health laws rado (Mr. MCINNIS) is recognized for 60 good in the world. One of the ways we in this country closer to what they are minutes. do that is using our economic prowess in other countries, we are giving away Mr. MCINNIS. Mr. Speaker, obviously in trade agreements; we could do this, so much that we fought for in this the last hour of conversation was very to lift up standards around the world. country for 100 years. Mr. Speaker, that means when we I have a pin that I wear that is a de- one-sided, and clearly no opportunity trade with Mexico, for instance, and I piction of a canary in a bird cage. One to rebut it; so I intend to address a think we should trade with Mexico and hundred years ago mine workers used couple of comments by the gentle- do a lot of trading with Mexico, rather to take a canary down into the mines woman from Ohio (Ms. KAPTUR) and than pulling our truck safety standards and if the canary died, workers got out the gentleman from Ohio (Mr. BROWN) down to Mexico’s level or pulling our of the mines. In those days, a baby boy because I think clearly they were ei- food safety standards down to Mexico’s born in the United States could live to ther confused or there was some confu- level, or pulling our safe drinking be about 46; a girl could live to be sion in the research that they did for water and clean air and anti-pollution about 48, the average life expectancy. their comments. standards down to Mexico’s level, that Those workers had no protection from Then I intend to move on from that we can instead pull their standards up. the government. Their only protection and address my primary subject this We have the ability to do that. We can was the canary they took down in the evening, military tribunals, the ques- write trade agreements that say when mines. tion of treason against the individual an American company invests in Mex- But because of progressive govern- who claims that he is an American, ap- ico, they have to dispose of their waste ment fighting against the gold mining parently is an American, and has been in the same way there that the Envi- companies, the coal companies, against captured by the Northern Alliance and ronmental Protection Agency makes other wealthy, rich advantaged inter- now turned over to American troops. them do in this country. ests in this country, we were able to I would also like to talk about what These companies, the chemical com- pass minimum wages laws, worker is called detention of certain individ- panies, the steel companies, the auto- safety laws, pure food laws, automobile uals in the country under this inves- mobile companies, they do not do the safety laws, and all of the things that tigation and protection of the security right things in the environment in the enabled people to live 30 years longer, of the Nation. United States because they are being enabled people to live better, longer First of all, let me address a few com- kind, they are doing the right things lives through Medicare, through Social ments made by the gentlewoman from because it is Federal and State law, Security, all of the things that we in Ohio (Ms. KAPTUR). First of all, it and local public health department this body and in State legislatures and would be some benefit to her to study regulation that they dispose of their public groups and citizens’ organiza- history of the Civil War. She would wastes in a certain way that keeps the tions have done to make the standard find, probably to her surprise, that the environment cleaner and healthier. of living better in this country. Civil War was not driven by economics; We could say to American companies Mr. Speaker, I do not want to give the Civil War was driven by the prin- in Mexico that they have to follow the that up as a Nation. That is why we ciple of slavery. same environmental standards. Pes- need to defeat Trade Promotion Au- Ms. KAPTUR. Mr. Speaker, will the ticides that we banned here are not thority and write trade agreements gentleman yield on that point? made and sold to other countries by that lift people up, not pull people Mr. MCINNIS. Mr. Speaker, if the American companies. We could say in down. That is the American way. gentlewoman will not interrupt me. China, sure, we will trade with you in When U.S. Trade Representative Bob Ms. KAPTUR. Mr. Speaker, the gen- China. We will be glad to buy and sell Zoellick, appointed by the President, tleman from Colorado (Mr. MCINNIS) and trade with the People’s Republic of when he says those of us like the gen- mentioned my name. China; but in return no more slave tlewoman from Ohio (Ms. KAPTUR) and Mr. MCINNIS. Mr. Speaker, I have labor, no more child labor, no more the gentleman from Michigan (Mr. the floor and I ask the courtesy that selling nuclear technology to Pakistan, BONIOR) and the gentleman from Michi- that rule be respected, and say to the no more shooting missiles at Taiwan gan (Mr. STUPAK), when we oppose gentlewoman from Ohio (Ms. KAPTUR), because they are holding a free elec- these trade promotion authorities, we I would be happy to yield to the gentle- tion. are not helping them in the war woman on another occasion. However, H8834 CONGRESSIONAL RECORD — HOUSE December 4, 2001 they had 1 hour of uninterrupted time. to any one of my colleagues that wants water standards, our sewer standards, Perhaps at the end of my hour, I would to come up and say they are willing to our hazardous waste standards, should be happy to have that conversation agree to an agreement that puts the be lowered because the other country with the gentlewoman. Prior to that, I United States at a disadvantage. None wants to trade with us. That, in my have no intention of yielding. of us agree to that. Of course not. That opinion, is flat wrong. The facts do not Mr. Speaker, let me go back to the is pretty fundamental. The only reason support it. Yet the statement is made. Civil War. The comment made about people are supporting trade is because If I were not here, this statement the Civil War was driven by economics, they think in the long run it benefits would have gone unrebutted. The state- come on, give me a break. It was not the United States of America. It is not ment is freely made on this House floor economics; it was slavery. because of, as some have suggested, to all of my colleagues that when the Let us go on to another comment. corporate greed for an effort to revolu- United States, when they asked the The Middle East problems are because tionize the Middle East or some of United States to give the President of trade. Jimminy Christmas, some- these other things that have been men- fast track authority, what they are body has to study some history here tioned, I think somewhat recklessly. It doing is asking the United States to before those kinds of comments are is not that. lower its environmental standards for made to our colleagues. Mr. Speaker, all of us in our own the United States. That is not correct. Clearly there are economic issues heart of hearts have differing views on That is inaccurate. I would hope that anywhere in the world; but the eco- this floor, but I can tell my colleagues the gentleman tomorrow makes a cor- nomic issues, contrary to what the that the view of just saying that look, rective statement. gentlewoman from Ohio has said, they the only time we are ever going to Now, I give the gentleman credit. are not the driving problem in the Mid- agree with trade with other countries The gentleman is a very bright man, very capable, obviously. So perhaps the dle East. What I would suggest to the or to trade agreements with other gentleman misspoke, and I would hope gentlewoman, with all due respect, is countries is the idealistic view that ev- that tomorrow he has the opportunity to take a look at the religious history erything the United States wants is ev- with the RECORD to correct that kind of those countries, and I think she will erything the United States gets or we of statement because, frankly, it is find more of the fundamental problem are going to take our ball and go home. now a part of the RECORD, and I think in the Middle East has to do with the I think an agreement ought to benefit the United States of America, but I do we have to be very careful about those religious differences and the religious statements that continue as a part of histories of those regions of the world not think we are ever going to reach the RECORD and may later on be intro- than it does whether or not America many agreements, including with many constituents who I think are duced in some type of proceeding. allows their President to have author- My comments were not intended this benefited in the State of Ohio, I do not ity on Fast Track. evening to center on a rebuttal of the think we are going to reach many I think it is a little unfair for any of previous 1 hour. Let me make it clear agreements if it has to be 100 percent us, and this includes the gentlewoman to my colleagues out here, my purpose for the United States and zero for the from Ohio, and I say this with due re- in rebuttal was simply that no one else spect, nobody else is here to rebut it, other side. was responding to these charges and, Take a look at our agreements with and I think the gentlewoman before under the rules, the previous speakers Canada. They are critical about the she carries on about a personal con- did not violate any rules, they spoke in free trade agreements we have. Look at versation between she and the Presi- the time that was allotted to them. the Canadian trade. Sure, we have dis- dent of the United States, especially a They were allotted an hour and they agreements with them on beef, we have conversation that was not intended to gave their side. Well, I did not intend disagreements with them on some of be of kindness towards the President of to speak on their specific subject. I do the fisheries and so on. But take a look the United States, that those conversa- feel that sometimes it is a little unfor- tions also allow for a response from the at all of the products that go back and tunate up here that one side speaks executive branch so we hear both sides forth across those borders. That border and the other side is not heard, so that of the story. It is not to question the is probably the most traded border in is exactly why I spent the first 10 min- accuracy of what the gentlewoman the world. It has been a pretty darn utes of my comments this evening at from Ohio said. Maybe she was accu- good relationship, and the United least giving somewhat of a perspective rate in her comments about what the States has benefited from it over the of the other side, so we can have a lit- President said, but I think the Presi- years. tle bit more of an open debate based on Now let me comment about the com- dent or a representative of the execu- facts versus emotional charges of tive branch ought to be included in this ments of the gentleman from Ohio (Mr. which, in my opinion, the previous debate so we hear both sides of it. BROWN) which I think were most unfor- hour was full of. tunate. The gentleman made a com- b 2215 Let me move on. We have seen in the ment, and I am quoting to the best of news in the last couple of days some- Finally, let me stress, and then I will my ability here: We should not pull our thing that I guess we should have ex- move on to the comments of the gen- standards down to Mexico, our environ- pected would happen but, nonetheless, tleman from Ohio (Mr. BROWN) and the mental standards, our labor standards, we were all taken back a little bit by comments of the gentlewoman from et cetera. Remember what was just it. None of us really envisioned that an Ohio (Ms. KAPTUR), let me tell my col- said. We should not in these trade American, an American young man leagues, an isolationist view is not agreements pull our standards down to would go over to Afghanistan and join going to cut it. If we had adopted the Mexico. I challenge the gentleman on the Taliban. None of us suspected that type of view that is proposed by the that. I challenge that gentleman to a young man would take on the cause gentlewoman, how would we ever build show me one trade agreement, one of atrocities against the people that a a coalition, for example, to help us in trade agreement that requires the government represents. Take a look at our war against terrorism? Trade has United States to reduce its environ- the abuse of the women, the abuse of to be fair trade. There is no question mental protections within the bound- the people of that society. Well, it hap- about it. I do not know one of my col- aries of the United States of America. pened. A young man, 20 years old, I leagues, I do not know a Democrat, I I challenge the gentleman from Ohio, guess his name is Richard Walker, Mr. do not know a Republican, I do not contrary to what he has said, but I am Walker. He has changed his name le- know either one of them, that proposes asking him to show that he is correct. gally. I do not know what the new that the United States enter into an I am asking him to buttress his argu- name is, but at one point he was known agreement that puts the United States ment with facts, show me where the air as Mr. Walker, 20 years old. at a disadvantage. I know none of my quality of the United States is required Let me give some facts, the facts as colleagues that want the United States to be reduced or made more dangerous they have been presented to us, we will at a disadvantage in a trade agree- because of some kind of trade agree- have to determine, these are subject to ment. Maybe I am wrong, and I stand ment where we agree with some other change, but as of right now this is ap- corrected. By the way, I will yield time country that our air standards, our parently what happened. The young December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8835 man dropped out of school, decided to nouncing his citizenship, but the fact the United States, ‘‘or in adhering to convert to Islam and, at some point in is, there may be an automatic de- their enemies.’’ In other words, they his conversion to Islam, decided to nouncement of one’s citizenship if, in are going to join the enemies, giving take or adhere to a very radical inter- fact, one takes up arms with the enemy them aid and comfort. pretation of Islam, which most of the and fights against the United States of b 2230 people of Islam that I know of say is America and attempts to kill citizens not a part of Islam, that this radical of the United States of America in an Giving them aid and comfort: ‘‘No approach by the Taliban and by bin action, in a war against the United person,’’ and this is interesting in the Laden is an incorrect interpretation of States. crime of treason, ‘‘no person shall be the Koran. But this gentleman, this 20- That is a question that I am not real- convicted of treason unless on the tes- year-old man, decided to take the ly prepared to answer tonight, but I timony of two witnesses to the same study and decided to affiliate with the was interested in what would we overt act or a confession in open radical aspect or the radical interpre- charge this young man with, or should court.’’ tation, especially when it came to we charge him with anything? We have There are a number of issues pre- Jihad. So he took up arms apparently heard some argument come out in the sented by this paragraph. Let us go with the al Qaeda in support of bin last couple of days that oh, the poor section by section. Let us go in reverse Laden, fighting, fighting his brothers little kid, the poor young boy, he is order. First of all, a confession in open and sisters in the United States of confused. We ought to do what some of court. Where will this case be tried? Is America. In other words, the facts the Afghans are allowed to do. The this the type of case we would try in a show that in an earlier e-mail to his fa- Taliban that are Afghans of nation- military tribunal? I think there is wide ther; now, I just heard ‘‘father,’’ I ality, some of them have been allowed agreement this would not be tried in a would assume to his parents, let us just to surrender their arms and go home. military tribunal. He is an American say to his parents at this point, e- There is some argument that this citizen. The military tribunals were mailed arguments in support of the young man should be allowed to drop not intended for American citizens. So right to blow up the USS Cole. Remem- his arms and come back to the United because of the fact that he is an Amer- ber, that is the ship, I say to my col- States and go home. ican citizen, it probably will be tried in leagues, that a few months ago a boat That is a hard one for me to swallow. the Federal courts, not a military tri- full of explosives blew up the side, I I do not think we have that case at all. bunal nor in the military courts. think it killed 18 sailors. Also, at the I think what we have is a clear-cut Two witnesses to an overt act. Why is time of his detention when he was cap- case of treason. I say this carefully. I it important? Our forefathers saw trea- tured in Afghanistan a few days ago, have been spending the last several son as such a horrible crime against his comments were such that he sup- hours in my office doing a lot of re- the Nation, as a crime of such signifi- ported the fighting action and the acts search. I listened to, frankly, Jonathan cance against this Nation, that they of terrorism taken against the United Turley, an expert in constitutional said we could not build it on cir- States on September 11. On top of this, law. I should let my colleagues know I cumstantial evidence alone, we actu- this American citizen was also found was a lawyer, I am legally educated, I ally had to have two witnesses to the with an AK–47. am not a constitutional lawyer, do not act of treason. So those are facts. Now, each of those pretend to be; but Mr. Turley is, and I We do not want to convict someone facts on their own, well, with the ex- listened to his arguments this evening of treason, was the thought of the ception of maybe the AK–47, but the on the Bill O’Riley Show, and both of drafters of the Constitution, unless we fact that an American citizen agreed those individuals spoke with some elo- know and have witness to the treasonal that the USS Cole should have been quence on this issue. acts carried out by these individuals. bombed, that in itself is not a charge. I want to look at the Constitution So that is stated very clearly. I mean we do have freedom of speech in itself. Treason is such a serious crime. Now, let us jump, here. Giving them our country, although certainly that is In our Constitution, we do not describe aid and comfort. There is no question a very, very small, small minority of within the four corners of our Con- that the facts as we know them so far opinion from this country. Certainly he stitution homicide, we do not talk are that this individual gave aid and is entitled as an American to make about burglaries, we do not talk about comfort to the Taliban. He considered those kinds of statements. A person speeding or any of these other acts. himself a member of the Taliban. He saying that they support actions, the There are a couple of acts that we talk probably had dual citizenship, and terrorism actions against this country about, but the first crime of this Na- there is actually some point about dual on September 11, those statements tion, and probably the most egregious citizenship. made by an American citizen, while crime against this Nation is addressed This is a further interpretation of clearly wrong, it is a right of freedom in the Constitution, and I have it right treason: of speech to make them. here in front of me. That is the crime ‘‘An American citizen owes alle- But it is the accumulation of these of treason. So I am asking my col- giance to the United States of Amer- that begin to outline exactly what I leagues tonight, because we might, and ica,’’ wherever they may reside. So in think this individual should be charged I hope we do not, but we might dis- our interpretation, under our Constitu- with. When we take those comments cover there are some other Americans tion, it is clearly the intent of the Con- and we add them with the fact that who have betrayed this Nation who stitution that an American citizen this young man was captured in a bat- have committed treason, in my opin- owes allegiance to the United States, tle when the opposing troops who fired ion, against this country, and we really owes allegiance to our Nation, wher- upon American soldiers with the intent ought to assess, should we just turn ever they may reside. It does not mat- of killing American soldiers, who fired our cheek in the other direction simply ter whether one lives in Japan, wheth- upon American aircraft and allied air- because the gentleman had an Amer- er one lives in Afghanistan, whether craft with the intent of bringing down ican citizenship card? Or should we one lives in Europe, that as a citizen of those aircraft, who was involved with look at how horrible the act of treason the United States of America, one owes an organization that we know has sav- is against this country, so significant allegiance to the United States of agely killed people in that country that the drafters of our Constitution America. Dual nationality does not and, of course, was also the organiza- included it within the Constitution, alter that situation. tion responsible for the attacks on Sep- the definition and the description of So some might say, wait a minute, he tember 11, when we combine it with treason against this country. was a citizen of the Taliban govern- that and the fact that he was arrested Let me refer my colleagues here to ment and he was a citizen of the United with an AK–47, we begin to say, wait a Article III under the Judicial Depart- States of America, so he had a dual minute; this is an American who has ment, section 3, Treason against the citizenship. He has a conflict. He had turned as a trader against his country, United States. ‘‘Treason against the an obligation to carry out the wishes of he has betrayed his country, he has left United States shall consist only in lev- bin Laden and the Taliban government America, maybe not formally by de- ying war against them,’’ them refers to and the al Qaeda. H8836 CONGRESSIONAL RECORD — HOUSE December 4, 2001 But we have already addressed that would be horrified if one of my children that somehow they have bought the situation. This is not a new factual sit- was doing the same thing. But the fact ticket that this is a violation of civil uation. It is very clear: wait a minute, is that it does not forgive it. liberties, that this is unconstitutional, it does not matter what other coun- What we are beginning to see is that et cetera. I will address those points. tries one has a citizenship to, but if one this young man was a victim; that All I am asking is that for a few min- is a citizen of the United States of somehow, as the father said yesterday, utes Members give me consideration of America one must have allegiance to he was brainwashed; or he was a victim presenting the other side of the issue, the United States of America. of the Taliban; or they put pressure on the side that supports the need for That standard of allegiance is not in him; or, you know, he was such a military tribunals. any fashion diluted by the fact that young man. First of all, Members should remem- one also has citizenship of another Let me tell the Members, the people ber that the actual rules of the mili- country. So keep that in mind, because he was shooting at were young men and tary tribunal have not been laid out I am sure as the defense attorneys women, too; young men and women specifically; but I think we can feel start to put this together, that will be who were not brainwashed, so to speak; very confident, and I think they will be an argument as brought up initially. It young men and women who obeyed the required by the standards set for mili- will be quickly squashed by the courts, allegiance to the Constitution of their tary tribunals throughout the history because it is clear under our law that Nation; young men and women out of this country, that the defendant ob- one’s allegiance to the United States of there who this young man was trying viously will have the right to counsel; America is not diluted, that the stand- to aid and comfort the enemy of, and the defendant obviously will have the ard of allegiance is not diluted because joined the enemy in attempting to wipe right to testify; the defendant will one has dual citizenship. out the United States. have a full and a fair trial; the defend- Now, we are already beginning to see Those thousands and thousands of ant can be assured that they will not the old defense tricks starting to bub- citizens killed on September 11 were be prejudiced against because of race, ble up in some of these interviews that innocent. And by the way, there was gender, or status; that they can freely I have seen just in the last 24 hours. I the most fundamental violation of war- exercise their religion while in cap- do not practice law anymore under the time moral ethics, and that is, one does tivity; that they will be given food and ethics of the House, but when I prac- not attack innocent citizens; one at- shelter and the other things that are ticed law, I was able to observe a lot of tacks a military target under a situa- provided for people, citizens that are criminal defense work. I was not a tion like this. alleged of a crime. criminal defense attorney. In fact, I But what we are beginning to see is So do not let people tell us that for need to be fair and give a little disclo- some kind of sympathy buildup for this some reason they are not going to get sure: I used to be a police officer. I young man, because he was young and, legal counsel. I will talk about the se- served in a squad car on the street be- oh, my gosh, the parents are horrified. crecy issue a little later on, but the se- fore I went on to law school. I understand the parents, by the way; I crecy is not going to apply to the ex- I was not a prosecuting attorney, ei- feel for them. But that is all the fur- tent that it denies the defendants in ther; but I did like to observe, out of ther it can go. Our Nation cannot these cases a full and a fair trial. If it interest, a defense attorney work. allow, cannot allow us to turn our did, they would be unconstitutional. There is kind of a basic rule, a funda- cheek on the Constitution, on an act Now, the constitutionality of mili- mental rule if one is going to defend like treason; an act, as I said earlier in tary tribunals has twice been addressed somebody. my comments, that was taken so seri- by the United States Supreme Court. Number one, if they are innocent, ously it was put in the Constitution. Twice the United States Supreme that is the best defense one can get. If It is right here. It was put in the four Court has upheld the constitutionality one’s client is innocent, you could not corners of that Constitution to tell us of military tribunals. So as we hear ask for a better defense, because the that treason is probably not only the people say, well, it is unconstitutional, facts will play it out. It is a strong first crime recognized by this Nation, I think we need to say, wait a minute, weapon to go into the courtroom with, but one of the most serious crimes rec- be a little more specific. If the military that is, that the client is innocent. ognized by this Nation. tribunals follow the same standards or But a lot of times one does not get So I am going to look with interest the same course of conduct as previous that benefit. A lot of times the client is to see exactly how this is handled. And military tribunals have, they have not innocent. Then what one tries to do obviously, from my statements, Mr. been found constitutional. So on what is to divert from the lack of innocence Speaker, this evening, Members know basis can people say they are unconsti- of the client and divert attention to that my thoughts are that this gen- tutional? the people who are accusing the client. tleman should be tried in the Federal The fact is, they are constitutional. For example, they might allege slop- courts for treason against the United There is a lot of history to military tri- py police work or that the witness was States of America and that he should bunals. They did not just start with having an affair or is a known liar or be prosecuted to the fullest extent of President Bush. Remember, President has some incentive to turn witness the law. Bush’s priority is not to get the defend- against the client; do anything you can Let us move on. We have had a busy ants, not to create some type of new to divert from your client’s lack of in- evening so far. I want to talk about an- Constitution in this country, not to nocence to some kind of vendetta or other issue that is very important, that usurp the current Constitution. Presi- sloppy work, and therefore your client is, military tribunals. dent Bush’s primary drive here is to has been unjustly charged. There has been a lot of talk. The talk protect the security of U.S. citizens. If those two steps do not work, then radios are full of it, the newspapers, When we have to decide, okay, which go to the traditional, and probably as lots of editorializing on both sides of way do we lean, in favor of protection, long as this country has been around, the issue. So I wanted to lay out some home security, homeland security for probably as long as defense law has of the facts. the citizens of the United States, or been around, but certainly much more I have spent a lot of time. I have been should we sacrifice homeland security prevalent in this country in the last 10 on several shows talking about mili- for the citizens of the United States to or 15 years, go to that old standard, tary tribunals. I think I am somewhat go out and quell the concerns of a few ‘‘My client was a victim.’’ That is ex- knowledgeable on the subject; I do not civil libertarians, who, by the way, do actly what we are beginning to see here claim to be an expert in much of any- not have the law on their side? The law in the last 24 hours with this young thing. But the fact is, I do want to is not on the side of those who are say- man who I allege committed treason share my views on these military tri- ing it is unconstitutional; the law is on against the United States of America. bunals. I think there are some legiti- the other side, saying it is constitu- By the way, I have sympathy, but mate, good reasons to support military tional. that is about the extent of it, for the tribunals. The President I think very accu- parents of this child. I am a parent, I know some of my colleagues are rately and very correctly has made his about the same age as the father. I dead set against this kind of thing and point clear. His number one priority is December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8837 the security of the United States of and very dangerous trials to the par- mony about the structure and the sta- America. The people of the United ticipants, meaning the jurors, the bility of the twin towers. States of America come first. The secu- judges, the court reporters. So, in other words, these twin towers, rity of those people is an inherent obli- Everyone that had everything to do the World Trade Centers, the stability gation not only of the President of the with the government side of the busi- and the structural makeup of those United States as Commander in Chief, ness was under a threat of danger. In towers was discussed in open court in but the security of this Nation and the fact, it says, some of those judges in- the first World Trade Center, so that security of the people of this Nation is volved in those cases still have secu- the people that were interested in tak- an inherent obligation of everyone sit- rity measures taken on their behalf to ing down the towers could figure out ting in the United States Congress or protect them as a result of holding why a bomb in the basement did not the United States Senate or in any those trials. bring it down, but what would in fact public office, or working for the gov- Now, think for a moment, and this is be able to bring it down based on the ernment. Their number one priority is not in the Wall Street Journal edi- structure weaknesses and the stability. the citizens of the United States and torial, but think for a moment on these That was in open court. the protection of the citizens of the military tribunals. Let us just take out Do you think that is something we United States. of the air, let us say we capture some Let me give just a little history. al Qaeda members. Say we capture 100 ought to be discussing in an open Many people are surprised by the his- of them. That is not unreasonable. court? In other words, daring them to tory of these tribunals. This history There are thousands of them. try it again and providing them, as the started in the Revolutionary War. Mili- Let us say 100 of them are captured Wall Street Journal says, it is almost tary tribunals were held at the very be- and brought to the United States. like giving out your troop movement. ginning of this country in the Revolu- Where are Members going to find 100 You are engaged in a war. We do not tionary War. There were spies that additional Federal judges, 100 Federal want to hold it secret from the enemy were caught behind U.S. lines during courthouses, that can be cordoned off, where our troops are going to be, so we the Revolutionary War, military tribu- blocked off, checked every day for an- better disclose our troop movements nals in 1776. President Lincoln’s assas- thrax, checked for bombs? Where are before we go into it. That is exactly sination, 1865, a military tribunal; we going to find a courthouse where we what we are concerned about. The con- military tribunals right there under can get a jury that is willing to sit, a fidential information. How we found the assassination under President Lin- jury deciding on al Qaeda, when we out about these al Qaeda. How we ar- coln, or because of President Lincoln’s know we do not have every one in our rested them. What are our resources? assassination. custody; when they are constantly re- Who are our sources of information? World War II, Japanese officers who minded in this trial of what happened What kind of satellite intervention, failed to prevent their troops from in New York City on the acts of ter- what kind of interception did we use? committing atrocities during World rorism? All of those secrets could be forced to War II, those Japanese officers were Where are we going to find, without be revealed in an open court setting. So subject to a military tribunal. That hampering and deadlocking the rest of what we have proposed is a military tribunal was taken to the United the Federal court system, where are we tribunal. And while a tribunal would States Supreme Court, and it was going to get all of these judges to de- allow facts like that to be held in se- found constitutional. cide on this? Then what do you do, pro- cret, it would not deny the defendant a Nazi saboteurs who landed on the vide those judges with lifetime round- fair and full trial. It would fall within coast of the United States in 1942 with the-clock security for the rest of their the bounds of constitutionality, and we the intent to destroy industrial facili- lives? can bet that any conviction taken out ties. Those military tribunals also had there will certainly go to the United b 2245 as part of the punishment death pen- States Supreme Court on the question alties which were carried out against That is why an option of a military of constitutionality. And I can assure these saboteurs. The United States Su- tribunal which is constitutional, which you that the prosecutors, the United preme Court also found that military allows the defendant a fair and full States of America, the people of the tribunal was constitutional. trial, which allows the defendant legal United States of America, do not want There is history in this country. This counsel, which allows the defendant a trial that is going to be found uncon- is not a precedent-setting event. Mili- the same rights of food and shelter and stitutional. They do want to stay with- tary tribunals are a necessity. a nondiscrimination allowed to any in the bounds of the Constitution. But Now let us talk about why are they other prisoner in the United States, they also want the priority, while stay- necessary. What are some of the rea- that is one of the reasons these mili- ing within those bounds, that the pri- sons that we have to have them? I tary tribunals make sense. ority should be homeland security, think today, I have to tell the Mem- Let us go on, because the issue you that we need to install just a little bers, I have to give credit to the edi- have heard a lot of, ‘‘secret,’’ and, boy, common sense. do they play up on the word ‘‘secret.’’ torial today in the Wall Street Jour- Do not buy into some of the defense Oh, my gosh. Secret. You cannot have nal. In one editorial, I think the Wall bar on this thing. Let me proceed. Street Journal set out probably as a secret hearing. Well, wait a minute. clear a picture as I have seen in this Sometimes it is necessary to have a se- In the embassy bombing, remember debate as to the justification for the cret hearing because there are a lot of our embassies that got bombed? Gov- military tribunals. people that would like to find out ex- ernment Exhibit 1677–T was al Qaeda I am not going to read the editorial actly what we know about their orga- terror manual. By entering the manual to Members, but I will talk about and nizations, their terrorist organizations. into evidence, the United States was discuss certain elements of that edi- For example, they say in here in the telling al Qaeda that it knew its oper- torial. Wall Street Journal, they talk about ating procedures and inviting it to They talk about, of course, the re- that the World Trade Center trial, re- change course. That was bad enough cent cases that have pertained to acts member that trial a few months ago, in during peacetime, but in the middle of of terrorism: the first attack on the fact, the defendants were sentenced I the war against terrorism it is akin to World Trade Center, the bombings of think the day or 2 days after the Sep- disclosing troop movements. the U.S. embassies in Africa. The Wall tember 11 bombing or act of terror. Speedy justice. Talk about the speed Street Journal talks about the good They talk about what was revealed in of these trials. Can you have a trial news about these trials; and by the the first trial which was held in open that is held on a faster basis without it way, they were held in Federal courts. court, not in a secret hearing. being declared unconstitutional? Yes, The good news about these trials was This testimony that was open to the you have to take certain precautions. they managed to get convictions. The public including the al Qaeda network, You have to make sure the defendant is bad news was that they were pro- the testimony in the first World Trade assured the right of counsel. You have tracted, long trials, expensive trials, Center trial included lengthy testi- to make sure the trial is held so it H8838 CONGRESSIONAL RECORD — HOUSE December 4, 2001 gives a full and fair trial to the defend- we are placing other American citizens Now, the Defense Department, we ant. But once you meet those stand- in, we better have it down at the Fed- would expect here in the next few days, ards of the Constitution, there is noth- eral courthouse. You know why they would have probably many more spe- ing in the Constitution that requires will push hard on that, some defense cifics in regard to these military tribu- these trials be prolonged month after attorneys, especially the defense attor- nals. What I am saying to my col- month after month, and that is exactly neys that will represent the members leagues tonight is before you jump on what happened. With the experiment of the al Qaeda, because they know the bandwagon of criticizing these we had in trying the first bombing of under pressure the United States will military tribunals, do a couple of the World Trade Center, that is exactly probably fold and make a plea bargain things. Number one, use common what happened in that trial and the for their clients. sense. And when you are thinking subsequent bombings of the embassies. The more you can force the govern- about common sense, think about, Let us talk about it. ment to disclose military secrets like number one, are we protecting the Con- Speedy justice is also not a hallmark satellites, who the names of their spies stitution? Common sense would say, of civilian courts. The first World are, the more you can force the United well, is there some history to it? The Trade Center trial took 6 months, in States to hold a trial in a publicly pop- answer would be yes. We have had mili- 1993 to 1994. Six months of locking off ulated area, the more pressure you are tary tribunals throughout the history that courthouse. Six months of trying putting on the government to do a plea of this country, starting with the Revo- to keep secret who the jurors were, bargain. That is exactly why you will lutionary War, as a result of the Lin- who the judges were, who the court see these points pushed with such coln assassination, as a result of two or clerks were, who the security guards vengeance by the defending attorneys. three acts in World War II. We have a Same thing with the juror safety. were. As I said before, the security for history of military tribunals. the judges especially continues to this The usual rules in civilian terrorist Common sense says, okay, there is a date on many of these cases. trials is anonymity for the jurors. But history. The facts points out there is a A second trial lasted 4 months in it is hard to believe that the jurors are history. Is it constitutional? Common going to consider that adequate protec- 1997, a second trial dealing with the sense again says look at the facts. The tion after September 11. Judges are World Trade Center. A third trial, the Supreme Court on two separate occa- blind sheik, took 8 months in 1995, 8 even more at risk. Two Federal judges, as I mentioned sions has answered that very direct months of daily trial in the Federal earlier, two Federal judges in New question and the answer has been yes, Court Center. And the embassy bomb- York remain under tight security to they are constitutional. Use some com- ing trial last spring lasted 3 months. this day, long after the end of those mon sense about the security of the That is the one where the sentencing terror trials. people that will be involved in the took place September 12 in a Federal The larger point here, and I think trial. How can you guarantee the secu- courthouse a few blocks north of the this is very, very important for our dis- rity of some regular Joe or regular World Trade Centers. cussion this evening, the larger point Jane down there and say, hey, we want Now, the Wall Street Journal says, it here is that military tribunals are not you to serve on the jury against one of brings it to the fact that all these some ‘‘Big Brother’’ invasion past the these people that we think was con- trials were held under heavy security normal rules of justice. In other words, nected with the terrorism acts of Sep- and great risk to the participants. Fed- what is being said, this is not an inva- tember 11, do not worry about your se- eral courthouses are heavily trafficked sion of the rules of the Constitution, curity? public buildings in dense urban areas, this is not a violation of the civil lib- What are you going to do with these and thus difficult to protect. Effective erties of American citizens. In fact, it judges? Protect them for the rest of security requires more than installing protects the civil liberties of American their lives, or jury for the rest of their metal detectors or closing off adjacent citizens. In fact, it is about the home lives? Think about the logistics. Think streets. security of the United States of Amer- about common sense. A military base is the safest venue ica, about the security for every man, Does it make a lot of sense to have for terrorist trials, but even that secu- woman and child within this country these trials at the Federal courthouse rity is not a simple matter. It took a that are American citizens, or even in downtown Denver or in New York year to prepare a camp in the Nether- visitors who are not American citizens City, in downtown New York City, lands for a trial of those accused of but residing in this country. around populated centers? Or does it bringing down Pan Am Flight 103. This is not an invasion of rights. This make more common sense because it is So the Wall Street Journal goes on is not an effort by the President of the constitutional to do it, to hold it out further and says, look, from a practical United States to somehow abscond on a military base where you allow the viewpoint it does not make sense to with the Constitution of the United defendant still a fair and full trial and hold these trials or tribunals or have States. It is his inherent obligation and the right to counsel? trials in Federal courts in the middle our inherent obligation to conduct I think it is so important as we dis- of a populated center. It makes sense these in such a way that we protect the cuss there that you not sign on to this for the protection of the population home security of this Nation while still argument that on its face military tri- around that courthouse, for the protec- giving a fair and full trial to the de- bunals make no sense; that it is a move tion of the people working in that fendant, which can be realized under a by the Bush administration to some- courthouse, it makes sense to have military tribal. how subvert the Constitution. these trials, considering the back- Let me go back to the Wall Street In fact, it is my belief that a lot of grounds of these individuals and the al- Journal. The larger point here is that the arguments against military tribu- legations against them, to have these military tribunals are not some Big nals today are in fact not based on real trials on a military base. Brother invasion across the normal objection to military tribunals, but in- Now the military base does not pre- rules of justice. They are a common- stead designed as a political weapon vent legal counsel from representing sense and historically well-established against the Attorney General. That in their client, does not prevent them way to cope with the unusual demands fact they are designed to try, and from going on the base. The defendant of war against terrorism. As recently somehow because President Bush is so will be able to have military counsel. as 1996, the Clinton administration re- popular today, that somehow the way But it does protect society. Again, jected Sudan’s offer to turn over bin to try and dent Bush’s popularity is to some people are confused. Some people Laden because it did not think it had go after his Attorney General. And so are beginning to adopt the politically enough evidence to convict him in a military tribunals use the sensitive correct thinking of whatever the lib- military court. A military tribunal words like secretive and lack of rights eral defense bar, in some cases, not all would have been very handy at that and unconstitutional. I think my com- members of the defense bar, whatever point in time because of the pressures ments showed you tonight, one, the they want we better satisfy them. Even that would have been applied by, frank- reason for secrecy and it does not deny though we know it is constitutional, ly, the defense attorneys working in a fair trial to the defendant. Two, the even though we know the jeopardy that this case. fact it is constitutional. Three, the December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8839 common sense needs to have it at a names cannot be revealed. The govern- requested, they are not required and we military base. Those all point out that ment’s not going to give out their have heard people say, well, it is race the arguments being used by the other names. Why should we? We should not profiling because the government has side really in most cases are being fic- give out their names. All we do is pro- asked people who are visiting this titious and more directed at trying to vide the al Qaeda network and other country, they are not asking citizens of ruin the credibility of an Attorney people who do not hold the best inter- this country, they are asking people General in an effort to get at the Presi- ests of the United States of America in who are visiting from foreign countries dent. their heart, we provide them informa- who are visiting, who are guests of the Because when you sit down with tion of exactly what we are doing. United States of America, they are most Americans and you say let us We cannot deny one of the detainees, asking them to voluntarily, not man- talk about security, let us talk about one of the people who is being held in datory, they are not being arrested, the Constitution, let us talk about the detention. They have every right to they are not being detained. The gov- fairness of these trials, let us talk tell their attorney or to disclose their ernment, the President, our leadership about the history of these trials, you own name. So their name can be dis- has said, look, you are from the Middle will find agreement. Most Americans closed. We are not just going to do it East, you are from these countries, you are concerned about the security of for them. They can do it if they wish. are visiting our country, could you this Nation. Every American is con- Their attorney can come out tomorrow help us, do you have anything you cerned because it may be them some- morning, have a press conference and could tell us, would you come down and day. say John Jones right here is being de- talk to us. And you never know, what tained; he wants everybody to know his b 2300 may not seem important to you is very name. They are allowed to do that. Do important to us to try and prevent fu- Every American is concerned that a not buy into this distortion that people ture acts of terrorism. fair trial be held there, including our are being detained and nobody will ever These people are not being detained United States Supreme Court; and do know their names. They will, if those against their will. They are asked vol- not believe for one minute that the people choose to have their names untarily to come in. Somebody said the United States Supreme Court is going known. other day we are race profiling; all you to look the other way on a trial that I think it is important to remember are doing is asking people of Afghan does not allow the defendant a fair of those 600-and-some-odd people that descent or people from Afghanistan or trial. That is not going to happen. are being detained, over a hundred of Arab people or people of Middle East They would throw it out in a heart- them are being detained on serious descent to come in. beat, and this is not what we want. We Federal charges. We cannot play games Well, geez, let me tell my colleagues want a fair trial, but we want security here. This is a very serious threat to something. I mentioned earlier I used for America. Homeland security has to the United States of America, and I do to be a cop, and once in a while we be our number one policy here while not have to say it twice because every- would be called to the high school for a staying within the bounds of the Con- body in this room, everybody in this fight, and guess who we asked ques- stitution, which we do with military room saw what happened on September tions of when we got to the high tribunals. 11. We witnessed it. I do not have to school, the students. Now, some would Let me spend my last few minutes on play games here. say, well, now wait a minute you bet- some other facts, and that is, we have We better be serious about the inves- ter ask the other people, you are just heard about these detentions across tigation of these people. We better not picking on the students. I heard that a the country. Once again, a wide distor- let a few threats, oh, my gosh, you are lot. You are just picking on the stu- tion of the facts. Currently in the hurting their feelings, we better put dents. Who do you think knows about United States of America, remember that aside. We have got the security of the fight? It is a student fight. Maybe, that these deportations, these are peo- the United States of America to worry maybe the students know the most ple in violation of some law. about, and we can count on the fact about it. So we always would ask the I heard a lawyer tonight on TV who that these terrorists will strike again. students questions. was representing a student whose visa With good investigative work that I It is the same thing here. I am just was expired, and he was deeply of- would add is constitutional, with good concerned as I have heard the news in fended by the fact that this person was investigative work that I would add is the last few days that the further away detained and questioned by immigra- fair, with good investigative work that we get from September 11 the more tion. He is in violation. He should have has common sense to it, we can prevent some people are buying into this argu- not been here. He should have gone a lot of these future terrorist acts. ment that some how the United States back to his own country. He was in- Do not buy into this politically cor- should continue to proceed with its vited as a guest, as a student of this rect theory that any kind of aggressive hands handcuffed behind it; that the country. His student visa expires, he action by the investigative agencies is United States should not have an ad- gets caught, and his lawyer shows up somehow a violation of privacy or vantage, not an unfair advantage, but saying, oh my, the wolves are picking somehow unconstitutional. All we are any kind of advantage. on my client. doing is asking for it. It is like getting We had one person suggest at the be- I do not know why his client is still in a fistfight and putting your fists ginning of the war that maybe we were in the United States of America. I do down and saying maybe it is unfair for a bully because we had high-tech weap- not know why they do not send him me to defend myself because you do not ons. We do not need to pile guilt upon back. Once he is released, they should hit as fast as I do, so maybe I ought to ourselves. We are not the party that kick him out of the country. His visa put my fist down. started this fight. We are the party has expired. We have got to enforce our That is an analogy. We should not that is going to end it, but we are not border policies. I am not saying lock put our guard down. This is a time the party that started this. down the borders. I never have, but the when we ought to have our guard up, As a party, we have a fundamental laws we have, we have got to enforce. and we ought to use every tool that is responsibility not to handcuff our These detentions, there are 20,000 constitutional and every tool that al- hands behind our back, not to inten- people as we speak, 20,000 plus people lows common sense, frankly; and that tionally disadvantage ourselves so that as I speak this evening, in immigration is a lot of what this is about, to protect we poke our chin out at the enemy so detention across this country. We have the security of the people of this Na- they can pop it once again. heard that we have got, oh, probably 5 tion. We cannot allow these acts of ag- So I ask all of my colleagues, please percent, 600 or 1,000, people in deten- gression to occur again, if at all we can give this consideration. My colleagues tion for various violations of the law as stop it ahead of time. That is what we should always ask if it is constitu- a result of the September 11 incident, need to do in this country. tional, but the moment they find out it and those people are being questioned. I ask my colleagues, listen to these is and there is precedent for it, which The distortion of facts is they would detentions; and by the way, as they lis- there is in all of the cases which I have have us believe that these people’s ten to these interviews that are being mentioned this evening, then proceed H8840 CONGRESSIONAL RECORD — HOUSE December 4, 2001 to the next point: Does it make com- dystrophy, including Duchenne, Becker, limb 4694. A letter from the Chairman, Council mon sense? Does it defend the interests girdle, congenital, facioscapulohumeral, of the District of Columbia, transmitting a of the people of the United States? myotonic, oculopharyngeal, distal, and copy of D.C. ACT 14–177, ‘‘Parking Meter Fee Does it help prevent future terrorist Emery-Dreifuss muscular dystrophies. Moratorium Temporary Act of 2001’’ received H.R. 1766. An act to designate the facility December 3, 2001, pursuant to D.C. Code sec- actions? of the United states Postal Service located tion 1–233(c)(1); to the Committee on Govern- It is time to get tough. It is time to at 4270 John Marr Drive in Annandale, Vir- ment Reform. roll up our shirt sleeves and say we ginia, as the ‘‘Stan Parris Post Office build- 4695. A letter from the Chairman, Council have had enough of this. We are going ing’’. of the District of Columbia, transmitting a to go out, and we are going to stop ter- H.R. 2261. An act to designate the facility copy of D.C. ACT 14–174, ‘‘Chief Financial Of- rorism once and for all, and that is ex- of the United States Postal Service located ficer Establishment Reprogramming During actly what our President and his ad- at 2853 Candler Road in Decatur, Georgia, as Non-Control Years Technical Temporary the ‘‘Earl T. Shinhoster Post Office’’. Amendment Act of 2001’’ received December ministration is intending on doing, and H.R. 2291. An act to extend the authoriza- 3, 2001, pursuant to D.C. Code section 1– that is exactly what we should do as tion of the Drug-Free Communities Support 233(c)(1); to the Committee on Government Members of the United States Con- Program for an additional 5 years, to author- Reform. gress. We should support our President, ize a National Community Antidrug Coali- 4696. A letter from the Chairman, Council and we should support the Attorney tion Institute, and for other purposes. of the District of Columbia, transmitting a General and our Vice President and H.R. 2299. An act making appropriations copy of D.C. ACT 14–173, ‘‘Sentencing Reform Condoleezza Rice and the team and we for the Department of Transportation and Technical Amendment Temporary Act of related agencies for the fiscal year ending should go out and do everything we can 2001’’ received December 3, 2001, pursuant to September 30, 2002, and for other purposes. D.C. Code section 1–233(c)(1); to the Com- to do our part in stopping terrorism H.R. 2454. An act to designate the facility mittee on Government Reform. against the citizens of the United of the United States Postal Service located 4697. A letter from the Chairman, Council States and against all people of the at 5472 Crenshaw Boulevard in Los Angeles, of the District of Columbia, transmitting a world. California, as the ‘‘Congressman Julian C. copy of D.C. ACT 14–172, ‘‘Redevelopment Dixon Post Office’’. Land Agency-RLA Revitalization Corpora- f H.J. Res. 71. Joint resolution, amending tion Transfer Temporary Act of 2001’’ re- LEAVE OF ABSENCE title 36, United States Code, to designate ceived December 3, 2001, pursuant to D.C. September 11 as Patriot Day. Code section 1–233(c)(1); to the Committee on By unanimous consent, leave of ab- f Government Reform. sence was granted to: 4698. A letter from the Chairman, Council Mr. DEFAZIO (at the request of Mr. ADJOURNMENT of the District of Columbia, transmitting a GEPHARDT) for today on account of per- Mr. MCINNIS. Mr. Speaker, I move copy of D.C. ACT 14–169, ‘‘Citizens with Men- sonal business. that the House do now adjourn. tal Retardation Substituted Consent for Health Care Decisions Temporary Amend- Mrs. ROUKEMA (at the request of Mr. The motion was agreed to; accord- ingly (at 11 o’clock and 8 minutes ment Act of 2001’’ received December 3, 2001, ARMEY) for today and the balance of pursuant to D.C. Code section 1–233(c)(1); to the week on account of illness in the p.m.), the House adjourned until to- the Committee on Government Reform. family. morrow, Wednesday, December 5, 2001, 4699. A letter from the Chairman, Council at 10 a.m. of the District of Columbia, transmitting a f f copy of D.C. ACT 14–170, ‘‘Closing of a Por- SPECIAL ORDERS GRANTED tion of F Street, N.W., S.O. 99–70, Act of EXECUTIVE COMMUNICATIONS, 2001’’ received December 3, 2001, pursuant to By unanimous consent, permission to ETC. D.C. Code section 1–233(c)(1); to the Com- address the House, following the legis- Under clause 8 of rule XII, executive mittee on Government Reform. lative program and any special orders 4700. A letter from the Chief, Regulations communications were taken from the heretofore entered, was granted to: and Administrative Law, USCG, Department Speaker’s table and referred as follows: (The following Members (at the re- of Transportation, transmitting the Depart- 4689. A communication from the President ment’s final rule—Drawbridge Operating quest of Mr. LYNCH) to revise and ex- of the United States, transmitting author- Regulation; Bayou Lafourche, LA [CGD08–01– tend their remarks and include extra- ization of transfers from the Emergency Re- 032] received November 16, 2001, pursuant to neous material:) sponse Fund for emergency recovery and re- 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. BONIOR, for 5 minutes, today. sponse and national security activities; (H. Transportation and Infrastructure. Mr. LYNCH, for 5 minutes, today. Doc. No. 107–153); to the Committee on Ap- 4701. A letter from the Chief, Regulations Mrs. MALONEY of New York, for 5 propriations and ordered to be printed. and Administrative Law, USCG, Department minutes, today. 4690. A letter from the Chairman, Council of Transportation, transmitting the Depart- of the District of Columbia, transmitting a Mr. PALLONE, for 5 minutes, today. ment’s final rule—Drawbridge Operation copy of D.C. ACT 14–187, ‘‘Impacted Resident Regulations: New Rochelle Harbor, NY Mr. DAVIS of Illinois, for 5 minutes, Economic Assistance Temporary Act of 2001’’ [CGD01–01–195] (RIN: 2115–AE47) received No- today. received December 3, 2001, pursuant to D.C. vember 16, 2001, pursuant to 5 U.S.C. (The following Members (at the re- Code section 1–233(c)(1); to the Committee on 801(a)(1)(A); to the Committee on Transpor- quest of Mr. CANTOR) to revise and ex- Government Reform. tation and Infrastructure. tend their remarks and include extra- 4691. A letter from the Chairman, Council 4702. A letter from the Chief, Regulations neous material:) of the District of Columbia, transmitting a and Administrative Law, USCG, Department Mr. GANSKE, for 5 minutes, December copy of D.C. ACT 14–184, ‘‘Disposal of District of Transportation, transmitting the Depart- 5. Owned Surplus Real Property Temporary ment’s final rule—Drawbridge Operation Amendment Act of 2001’’ received December Regulations: Hutchinson River, Eastchester Mr. PENCE, for 5 minutes, today. 3, 2001, pursuant to D.C. Code section 1– Creek, NY [CGD01–01–182] (RIN: 2115–AE47) Mr. GEKAS, for 5 minutes, December 5 233(c)(1); to the Committee on Government received November 16, 2001, pursuant to 5 and 6. Reform. U.S.C. 801(a)(1)(A); to the Committee on Mrs. JO ANN DAVIS of Virginia, for 5 4692. A letter from the Chairman, Council Transportation and Infrastructure. minutes, December 5. of the District of Columbia, transmitting a 4703. A letter from the Chief, Regulations Mrs. MORELLA, for 5 minutes, Decem- copy of D.C. ACT 14–183, ‘‘Mandatory Au- and Administrative Law, USCG, Department ber 5. topsy for Deceased Wards of the District of of Transportation, transmitting the Depart- Columbia and Mandatory Unusual Incident ment’s final rule—Drawbridge Operating f Report Temporary Act of 2001’’ received De- Regulation; Inner Harbor Navigation Canal, cember 3, 2001, pursuant to D.C. Code section LA [CGD08–01–037] received November 16, ENROLLED BILLS SIGNED 1–233(c)(1); to the Committee on Government 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. Trandahl, Clerk of the House, re- Reform. Committee on Transportation and Infra- ported and found truly enrolled bills 4693. A letter from the Chairman, Council structure. and a joint resolution of the House of of the District of Columbia, transmitting a 4704. A letter from the Chief, Regulations copy of D.C. ACT 14–182, ‘‘Public Disclosure and Administrative Law, USCG, Department the following titles, which were there- of Findings and Information in Cases of of Transportation, transmitting the Depart- upon signed by the Speaker: Child Fatality or Near Fatality Amendment ment’s final rule—Drawbridge Operation H.R. 717. An act to amend the Public Act of 2001’’ received December 3, 2001, pursu- Regulations: Newtown Creek, Dutch Kills, Health Service Act to provide for research ant to D.C. Code section 1–233(c)(1); to the English Kills and their tributaries, NY with respect to various forms of muscular Committee on Government Reform. [CGD01–01–176] received November 16, 2001, December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8841 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Gulfstream Model G– mitting the Department’s final rule—Air- mittee on Transportation and Infrastruc- V Series Airplanes [Docket No. 2001–NM–305– worthiness Directives; Eurocopter France ture. AD; Amendment 39–12477; AD 2001–21–06] Model AS350B, B1, B2, B3, BA, D, D1 and 4705. A letter from the Chief, Regulations (RIN: 2120–AA64) received November 16, 2001, AS355E, F, F1, F2, and N Helicopters [Docket and Administrative Law, USCG, Department pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- No. 2000–SW–47–AD; Amendment 39–12424; AD of Transportation, transmitting the Depart- mittee on Transportation and Infrastruc- 2001–17–32] (RIN: 2120–AA64) received Novem- ment’s final rule—Drawbridge Operation ture. ber 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); Regulations; Southern Branch of the Eliza- 4714. A letter from the Program Analyst, to the Committee on Transportation and In- beth River, Atlantic Intracoastal Waterway, FAA, Department of Transportation, trans- frastructure. Chesapeake, Virginia [CGD05–01–065] received mitting the Department’s final rule—Air- f November 16, 2001, pursuant to 5 U.S.C. worthiness Directives; General Electric Com- 801(a)(1)(A); to the Committee on Transpor- pany T58 and CT58 Series Turboshaft En- REPORTS OF COMMITTEES ON tation and Infrastructure. gines [Docket No. 99–NE–13–AD; Amendment PUBLIC BILLS AND RESOLUTIONS 4706. A letter from the Chief, Regulations 39–12432; AD 2001–18–06] (RIN: 2120–AA64) re- and Administrative Law, USCG, Department ceived November 16, 2001, pursuant to 5 Under clause 2 of rule XIII, reports of of Transportation, transmitting the Depart- U.S.C. 801(a)(1)(A); to the Committee on committees were delivered to the Clerk ment’s final rule—Drawbridge Operation Transportation and Infrastructure. for printing and reference to the proper Regulations; SR 84 Bridge, South Fork of the 4715. A letter from the Program Analyst, calendar, as follows: New River, mile 4.4, Ft Lauderdale, Broward FAA, Department of Transportation, trans- Mr. HYDE: Committee on International County, Florida [CGD07–01–127] (RIN: 2115– mitting the Department’s final rule—Air- Relations. S. 494. An act to provide for a AE47) received November 16, 2001, pursuant worthiness Directives; Enstrom Helicopter transition to democracy and to promote eco- to 5 U.S.C. 801(a)(1)(A); to the Committee on Corporation Model F–28, F–28A, F–28C, F–28F, nomic recovery in Zimbabwe; with an Transportation and Infrastructure. 280, 280C, 280F, and 280FX Helicopters [Dock- amendment (Rept. 107–312 Pt. 1). Ordered to 4707. A letter from the Chief, Regulations et No. 2001–SW–28–AD; Amendment 39–12479; be printed. and Administrative Law, USCG, Department AD 2001–22–01] (RIN: 2120–AA64) received No- Mr. TAUZIN: Committee on Energy Com- of Transportation, transmitting the Depart- vember 16, 2001, pursuant to 5 U.S.C. merce. H.R. 3046. A bill to amend title XVIII ment’s final rule—Certification of Naviga- 801(a)(1)(A); to the Committee on Transpor- of the Social Security Act to provide regu- tion Lights for Uninspected Commercial Ves- tation and Infrastructure. sels and Recreational Vessels [USCG–1999– 4716. A letter from the Program Analyst, latory relief, appeals process reforms, con- 6580] (RIN: 2115–AF70) received November 16, FAA, Department of Transportation, trans- tracting flexibility, and education improve- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—IFR Al- ments under the Medicare Program, and for Committee on Transportation and Infra- titudes; Miscellaneous Amendments [Docket other purposes; with an amendment, (Rept. structure. No. 30271; Amdt. No. 431] received November 107–313 Pt. 1). Ordered to be printed. 4708. A letter from the Program Analyst, 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. HANSEN: Committee on Resources. FAA, Department of Transportation, trans- the Committee on Transportation and Infra- H.R. 2238. A bill to authorize the Secretary of mitting the Department’s final rule—Air- structure. the Interior to acquire Fern Lake and the worthiness Directives; Empresa Brasileira de 4717. A letter from the Program Analyst, surrounding watershed in the States of Ken- Aeronautica S.A. (EMBRAER) Model EMB– FAA, Department of Transportation, trans- tucky and Tennessee for addition to Cum- 120 Series Airplanes [Docket No. 2001–NM– mitting the Department’s final rule—Amend- berland Gap National Historical Park, and 298–AD; Amendment 39–12465; AD 2001–20–17] ment to Time of Designation for Restricted for other purposes; with an amendment (RIN: 2120–AA64) received November 16, 2001, Area R–4403; Gainesville, MS [Docket No. (Rept. 107–314). Referred to the Committee of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA 2001–10527, Airspace Docket No. 01– the Whole House on the State of the Union. mittee on Transportation and Infrastruc- ASW–10] (RIN: 2120–AA66) received November Mr. HANSEN: Committee on Resources. ture. 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 3322. A bill to authorize the Secretary of 4709. A letter from the Program Analyst, the Committee on Transportation and Infra- the Interior to construct an education and FAA, Department of Transportation, trans- structure. administrative center at the Bear River Mi- mitting the Department’s final rule—Air- 4718. A letter from the Program Analyst, gratory Bird Refuge in Box Elder County, worthiness Directives; Empresa Brasileira de FAA, Department of Transportation, trans- Utah (Rept. 107–315). Referred to the Com- Aeronautica S.A. (EMBRAER) Model EMB– mitting the Department’s final rule—Air- mittee of the Whole House on the State of 135 and EMB–145 Series Airplanes [Docket worthiness Directives; Robinson Helicopter the Union. No. 2000–NM–321–AD; Amendment 39–12436; Company Model R44 Helicopters [Docket No. DISCHARGE OF COMMITTEE AD 2001–18–10] (RIN: 2120–AA64) received No- 2000–SW–67–AD; Amendment 39–12466; AD Pursuant to clause 2 of rule XII the vember 16, 2001, pursuant to 5 U.S.C. 2001–20–18] (RIN: 2120–AA64) received Novem- Committee on Financial Services dis- 801(a)(1)(A); to the Committee on Transpor- ber 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); tation and Infrastructure. to the Committee on Transportation and In- charged from further consideration. S. 4710. A letter from the Program Analyst, frastructure. 494 referred to the Committee of the FAA, Department of Transportation, trans- 4719. A letter from the Program Analyst, Whole House on the State of the Union mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- and ordered to be printed. worthiness Directives; McDonnell Douglas mitting the Department’s final rule—Air- f Model DC–9 Series Airplanes and MD–88 Air- worthiness Directives; Eurocopter France planes [Docket No. 2001–NM–264–AD; Amend- Model SA.315B, SA.316C, SA 3180, SA 318B, TIME LIMITATION OF REFERRED ment 39–12463; AD 2001–20–15] (RIN: 2120– SA 318C, SA.319B, SE.3160, and SA.316B Heli- BILL AA64) received November 16, 2001, pursuant copters [Docket No. 2001–SW–36–AD; Amend- to 5 U.S.C. 801(a)(1)(A); to the Committee on ment 39–12467; AD 2001–18–51] (RIN: 2120– Pursuant to clause 2 of rule XII the Transportation and Infrastructure. AA64) received November 16, 2001, pursuant following action was taken by the 4711. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on Speaker: FAA, Department of Transportation, trans- Transportation and Infrastructure. S. 494. Referral to the Committee on Fi- mitting the Department’s final rule—Air- 4720. A letter from the Program Analyst, nancial Services extended for a period ending worthiness Directives; Raytheon Model FAA, Department of Transportation, trans- not later than December 4, 2001. Beech 400A Series Airplanes [Docket No. 99– mitting the Department’s final rule—Air- NM–157–AD; Amendment 39–12455; AD 2001– worthiness Directives; Sikorsky Aircraft f 20–07] (RIN: 2120–AA64) received November 16, Corporation Model S–76B and S–76C Heli- PUBLIC BILLS AND RESOLUTIONS 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the copters [Docket No. 2001–SW–01–AD; Amend- Committee on Transportation and Infra- ment 39–12134; AD 2001–03–51] (RIN: 2120– Under clause 2 of rule XII, public structure. AA64) received November 16, 2001, pursuant bills and resolutions of the following 4712. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on titles were introduced and severally re- FAA, Department of Transportation, trans- Transportation and Infrastructure. ferred, as follows: mitting the Department’s final rule—Air- 4721. A letter from the Program Analyst, worthiness Directives; Fairchild Aircraft, FAA, Department of Transportation, trans- [Omitted from the Record of November 29, 2001] Inc. Models SA226 and SA227 Series Air- mitting the Department’s final rule—Air- By Mr. SHADEGG (for himself and Mr. planes [Docket No. 2000–CE–28–AD; Amend- worthiness Directives; Agusta Model AB412 MCINNIS): ment 39–12462; AD 2001–20–14] (RIN: 2120– Helicopters [Docket No. 2001–SW–22–AD; H.R. 3385. A bill to direct the Consumer AA64) received November 16, 2001, pursuant Amendment 39–12425; AD 2001–17–33] (RIN: Product Safety Commission to issue rules to 5 U.S.C. 801(a)(1)(A); to the Committee on 2120–AA64) received November 16, 2001, pursu- that set safety standards for marine internal Transportation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee combustion engines, including in regard to 4713. A letter from the Program Analyst, on Transportation and Infrastructure. the emissions of toxic fumes, and for other FAA, Department of Transportation, trans- 4722. A letter from the Program Analyst, purposes; referred to the Committee on En- mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- ergy and Commerce, and in addition to the H8842 CONGRESSIONAL RECORD — HOUSE December 4, 2001

Committee on Transportation and Infra- by the Speaker, in each case for consider- WAXMAN, Mr. NADLER, Mr. CROWLEY, structure, for a period to be subsequently de- ation of such provisions as fall within the ju- Ms. ROS-LEHTINEN, Mr. CANTOR, Mr. termined by the Speaker, in each case for risdiction of the committee concerned. FLAKE, Mr. LEACH, Ms. SCHAKOWSKY, consideration of such provisions as fall with- By Mrs. CHRISTENSEN (for herself, Mr. KING, Mr. ROTHMAN, Mr. WEXLER, in the jurisdiction of the committee con- Mr. UNDERWOOD, and Mr. ACEVEDO- Mr. SHERMAN, Mrs. LOWEY, Mr. SMITH cerned. VILA): of New Jersey, Mr. CARDIN, Mr. REY- [Submitted December 4, 2001] H.R. 3395. A bill to amend the Tariff Act of NOLDS, Mr. KIRK, Mr. GRUCCI, Mr. By Mrs. JOHNSON of Connecticut (for 1930 to permit duty drawback for articles WALSH, Mr. BLUNT, Mr. CHABOT, Mr. shipped to the insular possessions of the herself, Mr. STARK, Mr. TOOMEY, Ms. SOUDER, Mr. BURTON of Indiana, Mr. United States; to the Committee on Ways BERKLEY, Mr. THOMAS, Mr. RANGEL, HORN, Mrs. KELLY, Mrs. WILSON, Ms. and Means. Mr. BILIRAKIS, Mr. BROWN of Ohio, HARMAN, Mr. BASS, Mr. DAN MILLER By Mr. GREEN of Wisconsin: Mr. TAUZIN, Mr. DINGELL, Mr. ABER- of Florida, Mr. FILNER, Mrs. JO ANN H.R. 3396. A bill to amend title 18, United DAVIS of Virginia, Mr. BOEHLERT, Mr. CROMBIE, Mr. BARRETT, Mr. BARTON of States Code, to prohibit aiding terrorists; to Texas, Mr. BRADY of Texas, Mr. BRY- STEARNS, Mr. FERGUSON, Mr. DEAL of the Committee on the Judiciary. Georgia, Mr. COX, Mr. WELDON of ANT, Mr. BURR of North Carolina, Mr. By Ms. HARMAN (for herself, Mr. BUYER, Mr. CAMP, Mrs. CAPPS, Mr. Pennsylvania, Mr. RANGEL, Mrs. WELDON of Pennsylvania, Mr. MORAN CARDIN, Mr. CRANE, Mr. DEAL of NAPOLITANO, Mr. DIAZ-BALART, Mr. of Virginia, Mr. GILMAN, Mr. MCIN- Georgia, Mr. DEUTSCH, Ms. DUNN, Mr. FOLEY, and Mr. FRELINGHUYSEN): TYRE, Mr. FRELINGHUYSEN, and Mr. EHRLICH, Mr. ENGLISH, Mr. FOLEY, H. Con. Res. 280. Concurrent resolution ex- BALLENGER): Mr. GANSKE, Mr. GREEN of Texas, Mr. pressing solidarity with Israel in the fight H.R. 3397. A bill to provide for the expe- against terrorism; to the Committee on GREENWOOD, Mr. HALL of Texas, Mr. dited and increased assignment of spectrum HAYWORTH, Mr. SAM JOHNSON of International Relations. for public safety purposes; to the Committee By Mr. ADERHOLT (for himself, Mr. Texas, Mr. KLECZKA, Mr. LEWIS of on Energy and Commerce. GOSS, Mr. WOLF, Mr. SIMMONS, Mr. Georgia, Mr. LEWIS of Kentucky, Mr. By Mr. ISRAEL: BACHUS, Mr. CALLAHAN, Mr. CRAMER, LUTHER, Mr. MALONEY of Con- H.R. 3398. A bill to provide Federal reim- Mr. EVERETT, Mr. HILLIARD, and Mr. necticut, Ms. MCCARTHY of Missouri, bursement to State and local governments RILEY): Mr. MCCRERY, Mr. MCDERMOTT, Mr. for a 30-day sales, use, and retailers’ occupa- H. Con. Res. 281. Concurrent resolution MCNULTY, Mr. NORWOOD, Mr. NUSSLE, tion tax holiday; to the Committee on Ways honoring the ultimate sacrifice made by Mr. PALLONE, Mr. PICKERING, Mr. and Means. Johnny Micheal Spann, the first American PORTMAN, Mr. RAMSTAD, Mr. RUSH, By Mr. MATSUI: killed in combat during the war against ter- Mr. SHADEGG, Mr. SHAW, Mr. H.R. 3399. A bill to authorize the Secretary rorism in Afghanistan, and pledging contin- SHIMKUS, Mr. STENHOLM, Mr. STRICK- of the Army to carry out a project for flood ued support for members of the Armed LAND, Mrs. THURMAN, Mr. TOWNS, Mr. protection and ecosystem restoration for Forces; to the Committee on Intelligence UPTON, Mr. WAXMAN, Mr. WELLER, Sacramento, California, and for other pur- (Permanent Select). and Mr. WHITFIELD): poses; to the Committee on Transportation By Mr. NUSSLE: H.R. 3391. A bill to amend title XVIII of the and Infrastructure. H. Res. 301. A resolution designating ma- Social Security Act to provide regulatory re- By Mr. SMITH of Michigan (for him- jority membership on certain standing com- lief and contracting flexibility under the self, Ms. EDDIE BERNICE JOHNSON of mittees of the House; considered and agreed Medicare Program; to the Committee on Texas, Mr. BOEHLERT, and Mr. HALL to. Ways and Means, and in addition to the Com- of Texas): mittee on Energy and Commerce, for a pe- H.R. 3400. A bill to amend the High-Per- riod to be subsequently determined by the formance Computing Act of 1991 to authorize f Speaker, in each case for consideration of appropriations for fiscal years 2003 through such provisions as fall within the jurisdic- 2007 for the coordinated Federal program on ADDITIONAL SPONSORS tion of the committee concerned. networking and information technology re- By Mr. HASTERT (for himself, Mr. search and development, and for other pur- Under clause 7 of rule XII, sponsors ACKERMAN, Mr. ARMEY, Mr. BOEH- poses; to the Committee on Science. were added to public bills and resolu- LERT, Mr. CROWLEY, Mr. DIAZ- By Mr. RADANOVICH: tions as follows: BALART, Mr. DREIER, Mr. ENGEL, Mr. H.R. 3401. A bill to provide for the convey- H.R. 184: Mr. HASTINGS of Florida. EVANS, Mr. FOSSELLA, Mr. FROST, Mr. ance of Forest Service facilities and lands H.R. 218: Mr. GUTKNECHT, Mr. BORSKI, Mr. GILMAN, Mr. GOSS, Mr. GRUCCI, Mr. comprising the Five Mile Regional Learning DEMINT, and Mr. SHUSTER. HALL of Ohio, Mr. HASTINGS of Flor- Center in the State of California to the Clo- H.R. 280: Mr. CRANE and Mr. NEY. ida, Mr. HASTINGS of Washington, Mr. vis Unified School District, to authorize a H.R. 488: Mr. CARDIN, Mr. RUSH, Mrs. MEEK HINCHEY, Mr. HOUGHTON, Mr. ISRAEL, new special use permit regarding the contin- of Florida, and Mr. SCHIFF. Mrs. KELLY, Mr. KING, Mr. LAFALCE, ued use of unconveyed lands comprising the H.R. 563: Mr. FROST and Mr. SHADEGG. Mr. LINDER, Mrs. LOWEY, Mrs. Center, and for other purposes; to the Com- H.R. 709: Mr. QUINN. MALONEY of New York, Mrs. MCCAR- mittee on Resources. H.R. 765: Mr. FILNER. THY of New York, Mr. MCHUGH, Mr. By Mr. RANGEL (for himself, Mr. NAD- H.R. 831: Mr. SNYDER. MCNULTY, Mr. MEEKS of New York, LER, Mrs. MALONEY of New York, Mr. H.R. 902: Mr. UDALL of New Mexico. H.R. 950: Mr. BILIRAKIS, Mr. STEARNS, and Mrs. MYRICK, Mr. NADLER, Mr. SERRANO, Mr. TOWNS, Mr. HINCHEY, Mrs. CUBIN. OWENS, Ms. PRYCE of Ohio, Mr. Mrs. MCCARTHY of New York, and Mr. H.R. 997: Mr. SANDERS. QUINN, Mr. RANGEL, Mr. REYNOLDS, MCNULTY): H.R. 1011: Mr. WYNN. Mr. SERRANO, Mr. SESSIONS, Ms. H.R. 3402. A bill to provide tax incentives H.R. 1178: Mr. MCGOVERN. SLAUGHTER, Mr. SMITH of New Jersey, for the recovery of businesses in the City of H.R. 1198: Mr. AKIN. Mr. SWEENEY, Mr. TOWNS, Ms. VELAZ- New York which were impacted by the Sep- tember 11, 2001, terrorist attacks; to the H.R. 1211: Mr. KENNEDY of Rhode Island and QUEZ, Mr. WALSH, and Mr. WEINER): Mr. SHADEGG. H.R. 3392. A bill to name the national cem- Committee on Ways and Means. H.R. 1212: Mr. DOOLITTLE. etery in Saratoga, New York, as the Gerald By Mr. WEINER: H.R. 1265: Mr. SMITH of Washington. B.H. Solomon Saratoga National Cemetery, H.R. 3403. A bill to direct the Secretary of Transportation to issue a final regulation H.R. 1273: Mr. LARGENT. and for other purposes; to the Committee on H.R. 1343: Mr. ROSS and Ms. ROS-LEHTINEN. prohibiting certain aircraft departing from Veterans’ Affairs. considered and passed. H.R. 1377: Mr. OSBORNE, Ms. HART, and Mr. John F. Kennedy Airport in Queens County, By Mr. MURTHA: FORBES. H.R. 3393. A bill to make additional emer- New York, from flying over the Rockaway H.R. 1400: Ms. SOLIS. Peninsula in Queens County, New York; to gency supplemental appropriations for fiscal H.R. 1433: Mr. SERRANO, Mr. HINCHEY, and the Committee on Transportation and Infra- year 2002 for urgent counter-terrorism ac- Mr. RANGEL. structure. tivities; to the Committee on Appropria- H.R. 1436: Mr. WALSH and Mr. GRUCCI. tions. By Mr. GRAHAM (for himself, Mr. H.R. 1556: Mr. PAYNE. By Mr. BOEHLERT (for himself, Mr. GOSS, and Mr. HYDE): H.R. 1586: Mr. HOUGHTON and Mr. H.J. Res. 75. A joint resolution regarding HALL of Texas, Mr. SMITH of Texas, FALEOMAVAEGA. Mr. BAIRD, Mr. SMITH of Michigan, the monitoring of weapons development in H.R. 1793: Mr. OSBORNE. and Ms. EDDIE BERNICE JOHNSON of Iraq, as required by United Nations Security H.R. 1819: Mr. FLETCHER. Texas): Council Resolution 687 (April 3, 1991); to the H.R. 1839: Mr. LIPINSKI. H.R. 3394. A bill to authorize funding for Committee on International Relations. H.R. 1949: Mr. FILNER. computer and network security research and By Mr. HYDE (for himself, Mr. LANTOS, H.R. 1975: Mr. ETHERIDGE. development and research fellowship pro- Mr. GILMAN, Mr. ACKERMAN, Mr. H.R. 1984: Mr. SCHAFFER. grams, and for other purposes; to the Com- WATTS of Oklahoma, Mr. WYNN, Mr. H.R. 2012: Mr. FILNER. mittee on Science, and in addition to the MCNULTY, Mr. DEUTSCH, Ms. BERK- H.R. 2037: Mr. COMBEST, Mr. ROHRABACHER, Committee on Education and the Workforce, LEY, Mr. WEINER, Mr. BERMAN, Mr. Mr. PLATTS, Mrs. THURMAN, Mr. TURNER, and for a period to be subsequently determined ENGEL, Mr. HASTINGS of Florida, Mr. Mr. GREENWOOD. December 4, 2001 CONGRESSIONAL RECORD — HOUSE H8843

H.R. 2074: Ms. MCCARTHY of Missouri. THUNE, Mr. TRAFICANT, Mr. UPTON, Mr. H.R. 3368: Ms. LEE, Ms. HOOLEY of Oregon, H.R. 2118: Mrs. KELLY. VITTER, Mr. WAMP, Mr. WOLF, Mr. DIAZ- Mr. JONES of North Carolina, Mr. SHERMAN, H.R. 2148: Mr. SPRATT. BALART, Mr. POMEROY, and Mrs. JONES of Mr. KENNEDY of Rhode Island, Mr. GEORGE H.R. 2162: Mr. RODRIGUEZ and Mr. Ohio. MILLER of California, and Mr. FRANK. HINOJOSA. H.R. 2953: Mr. WEINER and Mr. TOWNS. H.R. 3376: Mr. TERRY. H.R. 2220: Mr. CLEMENT, Ms. SOLIS, and Mr. H.R. 2954: Ms. EDDIE BERNICE JOHNSON of H.R. 3389: Mr. UNDERWOOD, Mr. SAXTON, Mr. LIPINSKI. Texas. YOUNG of Alaska, and Mr. FALEOMAVAEGA. H.R. 2235: Mr. TURNER. H.R. 3019: Mr. SAWYER. H. J. Res. 16: Mr. CALVERT. H.R. 2258: Ms. MCCOLLUM. H.R. 3020: Mr. GRUCCI. H. J. Res. 54: Mr. TIAHRT. H.R. 2348: Mr. BECERRA, Mr. SCOTT, Mr. H.R. 3054: Mr. BACA, Mr. NORWOOD, Mr. H. Con. Res. 173: Mr. HINCHEY, Mr. SHER- GIBBONS, and Mr. JACKSON of Illinois. MARKEY, Mr. JOHN, Ms. BROWN of Florida, MAN, Mr. FARR of California, Mr. TOWNS, and H.R. 2349: Mr. RAHALL and Mr. BACA. Ms. ROYBAL-ALLARD, Mr. OLVER, Ms. HOOLEY Mr. GUTIERREZ. H.R. 2363: Mr. UDALL of New Mexico. of Oregon, Ms. MCCOLLUM, and Mr. WALDEN H. Con. Res. 222: Mr. DEUTSCH and Mr. BUR- H.R. 2374: Mr. WATKINS and Mr. RYAN of of Oregon. TON of Indiana. Wisconsin. H.R. 3077: Mr. FALEOMAVAEGA and Mr. H. Con. Res. 230: Ms. MCCOLLUM and Ms. H.R. 2419: Mr. CLAY and Ms. DELAURO. TERRY. DELAURO. H.R. 2423: Mr. BARTLETT of Maryland. H.R. 3131: Mr. SHERMAN. H. Con. Res. 232: Mr. BAIRD, Mr. BORSKI, H.R. 2439: Mr. BONIOR. H.R. 3149: Mrs. MEEK of Florida and Mr. Ms. HARMAN, and Mr. LEWIS of Kentucky. H.R. 2573: Mr. HINCHEY. PRICE of North Carolina. H. Con. Res. 249: Mr. FATTAH, Mr. CONYERS, H.R. 2574: Mr. SCHAFFER and Mr. SOUDER. H.R. 3166: Mr. ACEVEDO-VILA and Mr. Mr. BISHOP, Mr. FRELINGHUYSEN, and Mr. H.R. 2588: Mr. SHAYS, Mr. DOYLE, and Mr. BONIOR. JACKSON of Illinois. TERRY. H.R. 3175: Mr. BROWN of Ohio, Mr. HASTINGS H. Con. Res. 265: Mr. WEXLER, Mr. BURTON H.R. 2623: Mr. TIERNEY and Ms. of Florida, and Mr. TIERNEY. of Indiana, Mr. WHITFIELD, Mr. SKELTON, Mr. SCHAKOWSKY. H.R. 3178: Mr. MCGOVERN. CLEMENT, Mr. JEFFERSON, Mr. RAMSTAD, Mr. H.R. 2638: Mr. LAHOOD, Mr. STRICKLAND, H.R. 3192: Mr. UNDERWOOD, Mr. MORAN of Virginia, Mr. ENGEL, Mr. ROHR- Ms. SCHAKOWSKY, Mr. MALONEY of Con- FALEOMAVAEGA, Mr. WALSH, and Mr. FILNER. ABACHER, Mr. BERMAN, Mr. PITTS, Mr. necticut, and Ms. DELAURO. H.R. 3219: Mr. BEREUTER, Mr. BONIOR, and GILLMOR, and Mr. LANTOS. H.R. 2670: Mr. STUPAK. Mrs. THURMAN. H. Con. Res. 267: Mr. BAIRD. H.R. 2690: Mr. KENNEDY of Rhode Island. H.R. 3229: Mr. KERNS. H. Con. Res. 271: Ms. DUNN and Mr. DOYLE. H.R. 2726: Mr. GREEN of Wisconsin. H.R. 3230: Mr. SHAYS. H.R. 2733: Mr. SMITH of Michigan. H.R. 3239: Mr. CULBERSON. H. Con. Res. 279: Mr. GOODE, Ms. HART, Mr. H.R. 2749: Mr. HASTINGS of Washington. H.R. 3248: Mr. BURTON of Indiana. TOM DAVIS of Virginia, Mr. GRUCCI, and Mr. H.R. 2775: Mr. KUCINICH. H.R. 3254: Mr. KIRK. GILCHREST. H.R. 2901: Mr. SMITH of New Jersey and Mr. H.R. 3255: Ms. DEGETTE, Mrs. MINK of Ha- H. Res. 281: Mr. ALLEN and Mr. WOLF. CAPUANO. waii, Ms. MCKINNEY, Mr. MCDERMOTT, Mr. H. Res. 295: Mr. FORBES. H.R. 2917: Mr. HASTERT, Mr. ARMEY, Mr. CUMMINGS, Mr. FRANK, Mrs. NAPOLITANO, Mr. H. Res. 298: Mr. KERNS, Mr. JEFF MILLER of DELAY, Mr. WATTS of Oklahoma, Ms. PELOSI, HOYER, Mr. MCNULTY, Mr. ABERCROMBIE, and Florida, Mr. SAXTON, Mr. SESSIONS, Mr. Mr. LANGEVIN, Mrs. TAUSCHER, Mr. MCINNIS, Mr. JACKSON of Illinois. GOODE, Mr. LAHOOD, and Mr. MCGOVERN. Mr. ROGERS of Kentucky, Mr. PITTS, Mr. H.R. 3274: Mrs. MINK of Hawaii. H. Res. 300: Mrs. ROUKEMA, Mr. HINCHEY, WICKER, Mr. CANTOR, Mr. JENKINS, Mr. RYUN H.R. 3277: Mr. MCGOVERN. Mr. DELAHUNT, Ms. BERKLEY, Mr. PLATTS, of Kansas, Mr. GRUCCI, Mr. NUSSLE, Mr. H.R. 3278: Mr. PRICE of North Carolina and Mr. CARDIN, Mr. REYES, and Mr. ACEVEDO- LAHOOD, Mr. BAKER, Mr. BRADY of Texas, Mr. Mrs. CAPPS. VILA. H.R. 3290: Mr. BAIRD. BURTON of Indiana, Mr. CHABOT, Mr. GREEN H.R. 3295: Mr. GILLMOR, Mr. OSE, Mr. f of Wisconsin, Mr. CANNON, Mr. BROWN of PALLONE, Mr. LUTHER, Ms. HARMAN, Mr. South Carolina, Mrs. CAPITO, Mr. EHLERS, TIAHRT, Mr. SAWYER, Mr. ROSS, Mr. TURNER, AMENDMENTS Mr. CULBERSON, Mrs. EMERSON, Mr. GOSS, and Mr. KANJORSKI. Mr. HAYES, Mr. HORN, Mrs. JOHNSON of Con- Under Clause 8 of rule XVIII, pro- H.R. 3298: Mr. GRUCCI and Mr. HINCHEY. necticut, Mr. MANZULLO, Mr. MICA, Mr. GARY posed amendments were submitted as H.R. 3303: Mr. STUMP. G. MILLER of California, Mrs. NORTHUP, Mr. follows: H.R. 3306: Mr. SMITH of Texas. OSE, Mr. SHADEGG, Mr. SHERWOOD, Mr. SHU- H.R. 3310: Mr. FROST, Mr. TIERNEY, Mr. H.R. 3005 STER, Mr. SIMPSON, Mr. TOOMEY, Mr. WAT- CARSON of Oklahoma, and Mr. BAIRD. OFFERED BY: MR. MANZULLO KINS, Mrs. WILSON, Mr. AKIN, Mr. BILIRAKIS, H.R. 3318: Mr. COSTELLO, Mr. PASTOR, and AMENDMENT NO. 1: Page 55, insert the fol- Mrs. BONO, Mr. BURR of North Carolina, Mr. Mr. THUNE. lowing after line 2 and redesignate suc- TOM DAVIS of Virginia, Mr. FLAKE, Mr. GIB- H.R. 3323: Mr. ROGERS of Michigan, Mr. ceeding sections accordingly: BONS, Mr. GILCHREST, Mr. GILMAN, Mr. CARDIN, Ms. DUNN, Mr. SHADEGG, Mr. BROWN GREENWOOD, Mr. HAYWORTH, Mr. ISSA, Mrs. of Ohio, Mr. DINGELL, Mr. BILIRAKIS, Mr. SEC. 9. ASSISTANT USTR FOR SMALL BUSINESS. MORELLA, Mr. PETRI, Mr. PICKERING, Mr. SIMMONS, and Mr. TAUZIN. (a) ESTABLISHMENT OF POSITION.—Section REYNOLDS, Ms. ROS-LEHTINEN, Mr. SESSIONS, H.R. 3331: Mr. CARSON of Oklahoma. 141(c) of the Trade Act of 1974 (19 U.S.C. Mr. SMITH of Michigan, Mr. WELDON of Penn- H.R. 3337: Ms. NORTON, Mr. SCHROCK, Mr. 2171(c)) is amended by adding at the end the sylvania, Mr. ALLEN, Ms. BALDWIN, Mrs. MCGOVERN, Mrs. ROUKEMA, Mrs. following new paragraph: CAPPS, Mrs. DAVIS of California, Mr. CHRISTENSEN, and Mrs. MINK of Hawaii. ‘‘(6)(A) There is established in the Office MCDERMOTT, Ms. RIVERS, Mr. SANDLIN, Mr. H.R. 3339: Mr. FROST. the position of Assistant United States SAWYER, Ms. SCHAKOWSKY, Mr. WAXMAN, Mr. H.R. 3341: Ms. WATSON, Mr. BORSKI, Mrs. Trade Representative for Small Business. CALLAHAN, Mr. BARR or Georgia, Mr. BEREU- MALONEY of New York, Mr. STUPAK, and Mr. The Assistant United States Trade Rep- TER, Mrs. BIGGERT, Mr. BLUNT, Mr. BOEH- RANGEL. resentative for Small Business shall be ap- LERT, Mr. BOEHNER, Mr. CASTLE, Mr. COL- H.R. 3351: Mr. SHERWOOD, Mr. STUMP, Mr. pointed by the United States Trade Rep- LINS, Mr. CUNNINGHAM, Mrs. JO ANN DAVIS of PETERSON of Pennsylvania, Mr. VISCLOSKY, resentative. Virginia, Mr. DEAL of Georgia, Ms. DUNN, Mr. Mr. BONIOR, Mr. LARSEN of Washington, Mr. ‘‘(B) The primary function of the Assistant FOSSELLA, Mr. GOODE, Mr. GOODLATTE, Mr. WICKER, Mr. ALLEN, Mrs. MCCARTHY of New United States Trade Representative for GREEN of Texas, Mr. GUTKNECHT, Mr. York, Mr. SAWYER, Mr. ACKERMAN, Mr. Small Business shall be to promote the trade HEFLEY, Mr. HULSHOF, Mr. ISTOOK, Mr. RAMSTAD, Mrs. WILSON, Mr. TANCREDO, Ms. interests of small businesses, to remove for- KERNS, Mr. KINGSTON, Mr. MCKEON, Mr. MCCOLLUM, Ms. PELOSI, Mr. POMEROY, Mr. eign trade barriers that impede small busi- NETHERCUTT, Mr. NORWOOD, Mr. OSBORNE, SANDLIN, Mr. SWEENEY, Mr. EVANS, Mr. ness exporters, and to enforce existing trade Mr. PENCE, Mr. REHBERG, Mr. RILEY, Mr. OSBORNE, Ms. BALDWIN, Mr. WELDON of Flor- agreements beneficial to small businesses. SHAYS, Mr. SMITH of New Jersey, Mr. SMITH ida, Mr. EDWARDS, Mr. GONZALES, Mr. STEN- The Assistant United States Trade Rep- of Texas, Mr. SIMMONS, Mr. TERRY, Mr. HOLM, Ms. DELAURO, Mrs. LOWEY, Mr. HIN- resentative for Small Business shall be a vig- YOUNG of Alaska, Mr. ABERCROMBIE, Mr. AN- CHEY, Mr. REYES, Mr. JONES of North Caro- orous advocate on behalf of small businesses. DREWS, Mr. BASS, Mr. BRYANT, Mr. CLAY, Mr. lina, Mr. RAHALL, Mr. MCGOVERN, Mr. HALL In carrying out that advocacy function, the CRANE, Mr. CROWLEY, Mr. CUMMINGS, Mr. of Ohio, Mr. BONILLA, Mr. BLUMENAUER, Ms. Assistant United States Trade Representa- BOOZMAN, Ms. DEGETTE, Ms. DELAURO, Mr. KILPATRICK, Ms. BROWN of Florida, Mr. tive for Small Business shall conduct meet- DOGGETT, Mr. DOOLITTLE, Mr. HERGER, Mr. TIBERI, Mr. CLEMENT, Mr. ACEVEDO-VILA, Mr. ings throughout the United States on a reg- HILL, Mr. HILLEARY, Ms. HOOLEY of Oregon, JENKINS, Mr. OXLEY, Mr. MCINTYRE, Mr. ular basis in order to solicit views and rec- Mr. HOUGHTON, Mr. JOHN, Mr. KILDEE, Mr. THORNBERRY, Mr. KING, Mr. FERGUSON, Mr. ommendations from small business exporters KING, Mr. LARGENT, Mr. LEWIS of Kentucky, DIAZ-BALART, and Mrs. JO ANN DAVIS of Vir- in the formulation of trade policy. The As- Ms. LOFGREN, Mr. DAN MILLER of Florida, ginia. sistant United States Trade Representative Mrs. NAPOLITANO, Mr. RAMSTAD, Mr. ROYCE, H.R. 3353: Mr. PLATTS. for Small Business shall perform such other Mr. RYAN of Wisconsin, Mr. SCHAFFER, Mr. H.R. 3367: Mr. SMITH of New Jersey, Mr. functions as the United States Trade Rep- STENHOLM, Mr. STUMP, Mr. SWEENEY, Mr. FERGUSON, and Mr. GRUCCI. resentative may direct. H8844 CONGRESSIONAL RECORD — HOUSE December 4, 2001 ‘‘(C) The Assistant United States Trade Executive Service with equivalent time and Page 19, line 2, strike ‘‘10(2)’’ and insert Representative for Small Business shall be service.’’. ‘‘11(2)’’. paid at the level of a member of the Senior Page 4, line 17, strike ‘‘10(2)’’ and insert Page 22, line 10, strike ‘‘10(2)’’ and insert ‘‘11(2)’’. ‘‘11(2)’’. E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, DECEMBER 4, 2001 No. 166 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- called to order by the Honorable The Honorable DEBBIE STABENOW led pore. The Senator from Nevada. DEBBIE STABENOW, a Senator from the the Pledge of Allegiance, as follows: State of Michigan. f I pledge allegiance to the Flag of the PRAYER United States of America, and to the Repub- lic for which it stands, one nation under God, SCHEDULE The Chaplain, Dr. Lloyd John indivisible, with liberty and justice for all. Ogilvie, offered the following prayer: Mr. REID. Madam President, this Almighty God, on this day des- f morning the Senate will consider the ignated by Congress to be a Day of Rec- APPOINTMENT OF ACTING Transportation conference report onciliation, we confess anything which PRESIDENT PRO TEMPORE under a 60-minute time agreement. A stands between us and You and be- The PRESIDING OFFICER. The vote on the conference report will tween us and anyone else. We long to clerk will please read a communication occur today. At approximately 10:30, be in a right relationship with You to the Senate from the President pro the Senate will resume consideration again. We know the love, joy, and of the Railroad Retirement Act with tempore (Mr. BYRD). peace that floods our being when we The legislative clerk read the fol- the Daschle substitute amendment are reconciled with You. We become lowing letter: pending under postcloture conditions. riverbeds for the flow of the super- There will be rollcall votes on amend- natural gifts of leadership: wisdom, U.S. SENATE, ments to the Railroad Retirement Act knowledge, discernment, vision, and PRESIDENT PRO TEMPORE, Washington, DC, December 4, 2001. during today’s session. authentic charisma. We confess our To the Senate: The Senate will recess from 12:30 to pride that estranges us from You and Under the provisions of rule I, paragraph 3, 2:15 p.m. for the weekly party con- our judgmentalism that strains our re- of the Standing Rules of the Senate, I hereby ferences. lationships. Forgive our cutting words appoint the Honorable DEBBIE STABENOW, a On behalf of the majority leader, I and hurting attitudes toward other re- Senator from the State of Michigan, to per- have been asked to tell everyone we ap- ligions or races and people with dif- form the duties of the Chair. preciate the cooperation yesterday. We ferent beliefs, political preferences, or ROBERT C. BYRD, are moving along on the legislation. President pro tempore. convictions on issues. So often we are There are just a few things left we have divided into camps of liberal and con- Ms. STABENOW thereupon assumed to do before we leave for the Christmas servative, Republican and Democrat, the chair as Acting President pro tem- break. and are critical of those with whom we pore. disagree. Help us to express to each f f other the grace we have received in being reconciled to You. May our ef- RECOGNITION OF THE ACTING forts to reach out to each other be a MAJORITY LEADER RESERVATION OF LEADER TIME way of telling You how much we love The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- You. You are our Lord and Saviour. pore. The acting majority leader is rec- pore. Under the previous order, the Amen. ognized. leadership time is reserved.

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VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.000 pfrm01 PsN: S04PT1 S12332 CONGRESSIONAL RECORD — SENATE December 4, 2001 funding to increase seat belt use across I also thank the House and Senate DEPARTMENT OF TRANSPOR- the nation. Appropriations subcommittee staffs— TATION AND RELATED AGEN- The bill before us also includes a full along with some members of my per- CIES APPROPRIATIONS ACT, $1.25 billion in funding to launch the sonal staff who have worked a great 2002—CONFERENCE REPORT transportation security act, which is many hours to bring together this con- The ACTING PRESIDENT pro tem- the aviation security bill that was en- ference agreement, including: pore. Under the previous order, the acted just a few days ago. On the Senate subcommittee on Senate will now proceed to the consid- The act required that the revenues Transportation appropriations, for the eration of the conference report accom- from its user fees be appropriated be- majority: Peter Rogoff, Kate Hallahan, panying H.R. 2299, which the clerk will fore becoming available. Cynthia Stowe, and Angela Lee; report. The security act includes many strict For the minority: Wally Burnett The assistant legislative clerk read deadlines for the improvement of our Paul Doerrer, and Candice Rogers, as follows: aviation security system. On the House subcommittee on And we expect the DOT to meet those The committee of conference on the dis- Transportation appropriations, for the agreeing votes of the two Houses on the deadlines. majority: Rich Efford, Stephanie amendment of the Senate to the bill (H.R. That is why we worked hard to get Gupta, Cheryle Tucker, Linda Muir, 2299) ‘‘making appropriations for the Depart- the $1.25 billion in user fees into the and Theresa Kohler; ment of Transportation and related agencies hands of the Transportation Secretary For the minority: Bev Pheto; for the fiscal year ending September 30, 2002, in this bill as soon as possible—rather On the chairman personal staff, Rich and for other purposes,’’ having met, have than wait for the Defense supple- Desimone and Dale Learn; agreed that the House recede from its dis- mental. On the Senate Commerce, Science, agreement to the amendment of the Senate For highways, our bill includes $100 and Transportation Committee, Debbie and the House agree to the same, with an million more than the amount guaran- Hersman. amendment, and the Senate agree to the teed under TEA–21. I thank all these people who spent a same, signed by a majority of the conferees The bill also fully funds the levels lot of time helping us to get to this on the part of both Houses. authorized under AIR–21 for the FAA’s point. I reserve the remainder of my The ACTING PRESIDENT pro tem- air traffic control improvements and time. pore. Without objection, the Senate airport grants. The ACTING PRESIDENT pro tem- will proceed to the consideration of the When the Senate considered this bill, pore. The Senator from Alabama. conference report. we spent a lot of time debating the Mr. SHELBY. Madam President, I (The conference report is printed in safety of Mexican trucks entering the yield myself as much time as I con- the House proceedings of the RECORD United States. sume. on November 29, 2001.) While the conference agreement pro- I rise in support of the fiscal year The ACTING PRESIDENT pro tem- vides the administration flexibility in 2002 Transportation appropriations pore. Under a previous order, there will implementation, it carefully follows conference report before the Senate now be 60 minutes for debate. the safety provisions of the bill that this morning. While I do not support The Senator from Washington. passed the Senate in August. every item, policy, program, or initia- Mrs. MURRAY. Madam President, I The safety requirements in this bill tive in the conference report or state- rise to bring before the Senate the con- are considerably stronger than any- ment of managers, I do support the ference report accompanying the thing the administration had proposed, package reported overwhelmingly from Transportation appropriations bill for and anything that was presented to the the conference committee and as just fiscal year 2002. Senate as an alternative during our de- described by the Senator from Wash- This conference agreement rep- bate this past summer. ington. resents many weeks of negotiations Let me mention quickly just a few of This is the first year the Senator with the House and the administration, the safety provisions in the bill. from Washington is chair of the Trans- and I am proud of the progress it will Licenses will be checked for every portation Appropriations Sub- bring to our Nation’s transportation driver transporting hazardous mate- committee, and I believe that she has system. rials and for at least half of all other accounted herself well on this bill. This This conference agreement has al- Mexican truck drivers every time they is a balanced bill. Clearly, the Mexican truck issue re- ready passed the House by an over- cross the border. flects that balanced approach. I believe whelming margin of 371–11. Mexican trucks will undergo rigorous that the Senator from Washington did In total, the bill includes appropria- inspections before they are allowed full an admirable job of managing this tions and obligation limitations total- access to our highways, and they will issue through a lengthy debate on the ing roughly $59.6 billion. be reinspected every 90 days. Senate floor and through the con- While that is about $1.5 billion more And trucking firms will need to dem- ference committee negotiations with than the fiscal year 2001 level, it is ap- onstrate that they have a drug and al- cohol testing program, proof of insur- the House and the administration. proximately $400 million less than the The resolution of the Mexican truck amount passed by the Senate on Au- ance, and drivers who have clean driv- ing records before the first truck issue allows for the safe opening of the gust 1. border to Mexican trucks with appro- It was very difficult to pare $400 mil- crosses the border. There are many people to thank for priate inspections, oversight, and au- lion out of the Senate bill, but we did their contributions to this bill. dits of Mexican-domiciled trucks and so while carefully looking out for the The former chairman of the sub- trucking companies. This compromise needs of all of the critical agencies committee and now its ranking mem- kept the focus on truck safety and se- within the Department of Transpor- ber, Senator SHELBY has been a stal- curity at our border and never lost tation as well as the Members’ indi- wart ally and regular contributor to sight of the need to work with the ad- vidual priorities. our efforts. ministration and the House to forge a The conference agreement provides Congressman ROGERS, the chairman workable solution. funding levels that are equal to or of the House subcommittee is not only Our approach on this issue was al- higher than the operating accounts for an outstanding chairman, he is a true ways to move the debate forward and agencies such as the Coast Guard, the Kentucky gentleman as well. allow a resolution based on safety FAA, and the National Highway Traffic I also want to thank Representative standards rather than prohibiting any Safety Administration. SABO of Minnesota, the ranking mem- action by the department to manage Several important safety initia- ber of the House subcommittee, whose the truck safety issues we face at our tives—that were included in the Senate leadership on the Mexican truck issue southern border. I think the conference bill—have been maintained, including: was essential to our getting an out- report treatment of this matter meets the hiring of new aviation safety and standing safety regimen in place. that test. security inspectors, improvements to As always, I thank Senator BYRD and The FAA, the Coast Guard, and the the Coast Guard’s struggling search Senator STEVENS for their assistance Department’s new Transportation Se- and rescue mission, and additional throughout the process. curity Agency are all adequately, if not

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.005 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12333 generously, funded in this bill. The SHELBY, for making this significant in- Mr. SMITH of New Hampshire. Mr. funding levels match the AIR 21 levels vestment in our Nation’s highway in- President, I rise to speak about the for the FAA’s two capital accounts, frastructure which is very much in transportation appropriations con- and the funding for FAA operations need of repair, restoration, and expan- ference report. meets the President’s budget request. sion. First, I wish to commend the Appro- Accordingly, the conference report As long as I have had the pleasure of priations Committee members for their meets the TEA 21 transit funding levels serving on the Transportation Sub- determination to protect our highways and increases the obligation limitation committee, it has always operated in from unsafe Mexican trucks. for highways above the TEA 21 an open and bipartisan manner. I am I am not eager for trucks to freely firewalled levels. This funding commit- pleased to see that this tradition has cross from Mexico into the United ment recognizes the priorities our col- continued under the leadership of Sen- States, for many reasons, but I am leagues in the Senate place on these ator MURRAY. She and Senator SHELBY pleased that these trucks will at least accounts. have cooperated on all aspects of this be required to pass a safety compliance This is not only the first year of the bill. Both of them were required to review. Senator from Washington as the chair take on the very contentious issue re- The remainder of my comments have of this subcommittee, it is also the garding the safety risks of Mexican to do with the portion of the con- first year that Peter Rogoff has as- trucks traveling on our highways. We ference report that funds the Federal- sisted her on the bill as the majority debated that issue for several days here aid highway program. clerk. The committee and the Senator in the Senate and took a total of three As the ranking member of the Envi- from Washington were both well served cloture votes during that debate. Sen- ronment and Public Works Committee, by Peter Rogoff—and his staff, Kate ators MURRAY and SHELBY stood their with authorizing jurisdiction over the Hallahan, and Coast Guard Commander ground on the floor of the Senate and highway program, I am pleased with Cyndi Stowe. they prevailed. They then went to con- the overall funding level for Federal- I also commend Wally Burnett and ference and negotiated a compromise aid highways. Paul Doerrer of my staff on the com- with the House that maintains the As my colleagues will recall, one of mittee. They worked hand in hand with strong safety requirements passed by the major accomplishments of TEA–21, the Democrats. I believe that is why we the Senate but eliminates the threat of passed by Congress in 1998, was that for are where we are today, on the verge of a veto against this bill. the first time, gas tax revenues into adopting this conference report. I commend both managers and their the Highway Trust Funds were guaran- I urge all of my colleagues to support respective staffs for a job well done and teed to be promptly returned to the the conference report and send it to the I encourage all members to support the States for transportation spending. President for his signature, with the conference report. This guarantee is accomplished with type of overwhelming margin we saw in Mr. BAUCUS. Mr. President, I rise a provision in TEA–21 called Revenue the other body of a 371-to-11 vote on today to voice my concern regarding Aligned Budget Authority, or RABA as the adoption of this report. an element on the Fiscal Year 2002 it is known. I reserve the remainder of my time Transportation Appropriation Con- RABA calculations compare actual and yield the floor. ference Report. While I believe that gas tax receipts to our 1998 estimates, Mr. BYRD. Mr. President, the Senate this report, for the most part, spends and guaranteed funding will go up or has now turned to consideration of the funding according to statute and aids down depending on whether we have conference report accompanying the our Nation’s transportation system, I more or less revenue in the Highway Transportation and Related Agencies am very concerned about the distribu- Trust Fund than TEA–21 anticipated. Appropriations Act for Fiscal Year tion of a major funding category. Reflecting several years of a strong 2002. The bill includes a combination of The Transportation Equity Act for economy, gas tax receipts have been appropriations and obligation limita- the 21st Century, TEA 21, was passed billions of dollars more than we antici- tions totaling $59.643 billion. That is by the Congress in 1998 by over- pated in 1998. $1.526 billion or 2.6 percent higher than whelming margins. For the first time This year, as guaranteed by TEA–21, the level provided for fiscal year 2001. receipts into the Highway Trust Fund the Federal-aid highway program is This is the ninth of the thirteen ap- were guaranteed to be spent for trans- funded at almost $33 billion ($32.954 bil- propriations conference reports to portation purposes. This is accom- lion); an increase of about $1.2 billion come before the Senate. It is the ninth plished through the annual calculation over last year; which includes $4.5 bil- conference report that is within its 302 of Revenue Aligned Budget Authority, lion from RABA funds. (B) allocation and it is fully consistent RABA, which makes adjustments in As I said, I am pleased with the suc- with the $686 billion bipartisan budget obligations to compensate for actual cess of these funding guarantees. agreement on discretionary spending receipts into the Trust Fund versus the But I am concerned about the diver- for the thirteen bills. estimated authorization included in sion of over $1.5 billion to project ear- When the President signed the Trans- TEA 21 for the fiscal year. marks instead of being distributed fair- portation Equity Act for the 21st Cen- While I am pleased that the Appro- ly under formulas developed in TEA–21. tury, he placed into law a provision I priations Committee has upheld the There are 590 project earmarks from and my colleague from Texas, Senator firewalls in this conference report, I the Highway Trust Fund, and 55 more GRAMM, championed here in the Sen- find the redistribution of RABA funds highway projects taken from the gen- ate. That provision served to guarantee to be unacceptable. Under TEA 21, eral fund. that we appropriate every year on our RABA funds are to be distributed pro- I want to alert my colleagues to such Nation’s highway system the funds portionately to the States through for- extensive earmarking contained in this that are received into the Highway mula apportionments and also to allo- appropriations report. Trust Fund through fuel taxes at the cated programs. This conference report This earmarking is mostly within pump. I’m pleased to say that this is a radical departure from that and is discretionary programs created in year’s Transportation bill, like every a cause for great concern. States re- TEA–21 and mostly funded with the Transportation bill enacted since TEA– ceive less money in this conference re- RABA funds. 21, honors that commitment. Indeed, port than is called for under TEA 21. Almost a billion dollars in RABA this year, for the first time since 1998, For that reason, this conference report funds are diverted away from the fair the Transportation bill provides more is in violation of TEA 21. distribution that we agreed to in TEA– money for highways than was assumed I am dismayed to have to voice my 21, and are used for earmarks in this in the highway guarantee—$100 million concern regarding an otherwise bene- conference report. more. This is made possible since we ficial transportation bill. However, as This money does not get distributed still have an unobligated balance in the an author of TEA 21 and a believer in evenly as authorized in TEA–21, but trust fund that existed before TEA–21 its principles, I am saddened to see there are winners and losers. was enacted. So I commend the man- TEA 21 violated at the expense of the Some States get a lot of this money agers of the bill, Senators MURRAY and States. for projects, some get very little.

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.006 pfrm01 PsN: S04PT1 S12334 CONGRESSIONAL RECORD — SENATE December 4, 2001 This process completely distorts the ference report that would ‘‘direct [the and the local transit authorities to be funding formulas we agreed to in TEA– Federal Transit Administration] not to used for bus replacement, bus expan- 21. sign any new full funding grant agree- sion and for facility and equipment It also distorts the discretionary pro- ments after September 30, 2002 that costs. grams we created in TEA–21 for have a maximum federal share of high- Mrs. MURRAY. Mr. President, the projects that meet specified criteria. er than 60 percent.’’ The Senate Bank- Senator from Iowa is correct regarding For instance, one pilot program we ing Committee will begin to consider the allocation of these funds. The in- created to fund local projects that link transit reauthorization issues next tention is that the funds may be used transportation and community needs, year. In the meantime, we have not for the authorized purposes that you for instance, was authorized in TEA–21 had the benefit of any hearings or noted. at $25 million per year. other public debate on this issue that FUNDING OF TRANSPORTATION SECURITY This year, that program has become would justify such report language. IMPROVEMENT MEASURES the catch-all for project earmarks, Over 200 communities around the Mr. LIEBERMAN. I say to Senator with a total of 219 projects at a cost of country, in urban, suburban, and rural MURRAY, I would like to confirm my $276 million. areas, are considering light rail or understanding that between the fund- This is incredible that a small discre- other fixed guideway transit invest- ing you have included in the conference tionary program has grown to an ear- ments to meet their growing transpor- report for the Transportation Security marking account at over 10 times the tation needs. Recognizing this increas- Administration and the funding in- authorized amount. ing demand, Congress in 1998 passed the cluded in the bill for the Federal Avia- The Appropriations Committee began Transportation Equity Act for the 21st tion Administration’s research, engi- earmarking these TEA–21 accounts a Century, which authorized almost $8.2 neering and development, there are suf- few years ago, over strong objections billion over 6 years to fund these New ficient funds for the expanded use of from the authorizing committees, and Starts projects. existing technology and research and the practice has grown exponentially The process for evaluating and development of new technology to im- each year. awarding a Federal grant under the prove aviation security. Is that cor- Indeed, the Appropriations Com- New Starts program is laid out in the rect? mittee has begun the practice of solic- Federal transit laws, found in section Mrs. MURRAY. The Senator is cor- iting project requests, creating a ter- 5309 of Title 49, United States Code. rect. The funds appropriated are in- rible dilemma where the number of Section 5309(h) specifies that ‘‘[a Fed- tended to cover those costs. projects that Members submit far ex- eral] grant for [a New Starts] project is The ACTING PRESIDENT pro tem- ceed any authorized amounts. for 80 percent of the net project cost, pore. Who yields time? And now Members have no choice but unless the grant recipient requests a Mr. SHELBY. Madam President, I to compete for these discretionary lower grant percentage.’’ By including suggest the absence of a quorum. funds in the appropriations process. language in the conference report—not Mrs. MURRAY addressed the Chair. I admit to requesting projects for my in the statute—directing the FTA not The PRESIDING OFFICER. The Sen- State that received funding only be- to sign new full funding grant agree- ator will withhold. cause the pot of money grew so large, ments after September 30, 2002 with a Mrs. MURRAY. I ask the Senator to again from $25 million to $276 million. Federal share greater than 60 percent, ask the time be equally divided and re- The Appropriations Committee has the conferees are seeking to direct the quest he retain the remainder of the gone further now than in recent years FTA to act contrary to existing law. time of the chairman and ranking toward making so many transportation Efforts to alter the Federal share member toward the end. project funding decisions. would disrupt the level playing field es- The PRESIDING OFFICER. Without I believe strongly that State and tablished when the Intermodal Surface objection, it is so ordered. local agencies are responsible for Transportation Efficiency Act— The clerk will call the roll. transportation planning and funding ISTEA—set forth the 80 percent Fed- The assistant legislative clerk pro- decisions. eral cap for both highway and transit ceeded to call the roll. I much prefer to send Highway Trust projects. ISTEA created a funding sys- Mr. REID. Madam President, I ask Fund dollars back to the States and I tem by which communities could unanimous consent the order for the do not think Congress should pick and choose between transportation modes quorum call be rescinded. choose projects. based on local needs, not based on the The ACTING PRESIDENT pro tem- Where any fault for this situation amount of Federal money available for pore. Without objection, it is so or- rests with the framework in TEA–21, the project. Seeking to lower the Fed- dered. we will address it in the reauthoriza- eral match for transit projects while Mr. REID. Madam President, for the tion of TEA–21. keeping the available highway match information of all Members, the major- Next year the Environment and Pub- at 80 percent has the potential to skew ity leader has indicated that the vote lic Works Committee will begin hear- the dynamics of choice for local com- on this matter will occur at 12:30 ings on reauthorization, and I know munities. today. that there is a lot of concern about this It is true that there is very strong de- I suggest the absence of a quorum. earmarking process. mand for New Starts funding. This is The ACTING PRESIDENT pro tem- I will vote in favor of this conference an issue which will be thoroughly con- pore. Without objection, the quorum report for the good it contains, but I sidered as the transit laws are reau- call will be charged as previously speci- am compelled to register my strong ob- thorized in less than two years’ time. fied. jections to the hundreds of highway Given the importance of the New The clerk will call the roll. projects that do not belong in an ap- Starts program to communities around The assistant legislative clerk pro- propriations bill. the country, any proposal for dealing ceeded to call the roll. Mr. SARBANES. Mr. President, I with this issue should be thoroughly Mr. DORGAN. Madam President, I want to take a moment while the considered. Report language directions ask unanimous consent the order for transportation appropriations con- to the FTA to act contrary to existing the quorum call be rescinded. ference report is pending before us to law are not a constructive contribution The ACTING PRESIDENT pro tem- express my concern, as chairman of the to this thorough consideration. pore. Without objection, it is so or- Senate Banking Committee, which has BUS REPLACEMENT dered. jurisdiction over the Federal transit Mr. HARKIN. Mr. President, the con- Mr. DORGAN. Madam President, how laws, about a provision in that report ference report indicates that $5 million much time am I allowed? that attempts by report language to re- is provided for bus replacement in The ACTING PRESIDENT pro tem- write established law by reducing the Iowa. But, it is my understanding that pore. The Senator has 8 minutes. Federal match for New Start transit the intent was to allow these funds Mr. DORGAN. Madam President, I projects from 80 percent to 60 percent. which have been allocated in a collabo- shall not take all 8 minutes. I under- I am referring to language in the con- rative process involving the Iowa DOT stand there is a long line of people

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.007 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12335 wishing to speak on this conference re- trucks. The House of Representatives today by Senators MURRAY and SHELBY port later. had a provision that actually prohib- is an appropriations bill that I think First of all, I compliment the chair- ited the Mexican trucks from coming the Senate will want to approve. This man and ranking member from the into this country beyond the 20-mile conference report will get the Senate’s Senate side. I think they have done an limit. The Senate provision was not as approval today. extraordinary job on the conference re- strong but was a pretty good provision. Madam President, I yield the floor port. I appreciate the work they have I would have preferred a stronger pro- and suggest the absence of a quorum. done on a range of issues. I think the vision. The provision that came out of The ACTING PRESIDENT pro tem- Senate owes them a debt of gratitude. conference is weaker than both. pore. If the Senator will withhold, the I could spend some long period of I understand the work that Senator Chair recognizes the Senator from time talking about the important pro- MURRAY and Senator SHELBY did. I am Washington. visions in this Transportation con- not here to criticize their work. I re- Mrs. MURRAY. Madam President, I ference report. I know it took a long spect the work they did in conference ask unanimous consent the time be di- while to get to this point. Senator to try to resolve this issue. They make vided as before. MURRAY, chairing the subcommittee on the point—and it is an accurate point— The ACTING PRESIDENT pro tem- the Senate side, and others who have that this is a restriction on funding for pore. Without objection, it is so or- worked on this bill for some length of 1 year during the appropriations year. dered. time undoubtedly wish this had been So this issue will not be concluded with The clerk will call the roll. completed much earlier, but there were this judgment in this conference com- The assistant legislative clerk pro- a series of things that prevented it mittee. This issue will be a part of the ceeded to call the roll. from happening. In any event, at the interests of the authorizing committee, Mr. MCCAIN. Mr. President, I ask end of this session we have a con- oversight by this subcommittee, and unanimous consent that the order for ference report that contains a lot of also will be a part of the interest of the quorum call be rescinded. important items for this country’s others of us in the Congress who still The PRESIDING OFFICER (Mr. CAR- transportation system. I compliment believe it will be unsafe to have any PER). Without objection, it is so or- Senator SHELBY and Senator MURRAY wholesale movement of Mexican trucks dered. and thank them for their work. beyond the 20-mile border limit. Mr. MCCAIN. Mr. President, I under- I do want to say—and I will say it It is interesting to me that we now stand under the UC I have 15 minutes; briefly—there are two items in the con- have a limitation on the movement of is that correct? ference report that provide some heart- Mexican trucks in this country, and The PRESIDING OFFICER. The time burn for me. The conference was re- yet Mexican truck drivers with Mexi- has been reduced by a series of quorum quired—or forced, I guess—to accept a can trucks have been apprehended in calls. The Senator has 6 minutes. provision dealing with the spending of North Dakota, which, of course, is sig- Mr. MCCAIN. Six minutes. Mr. Presi- $400,000 to put airport signs up that de- nificantly beyond the 20-mile limit dent, I ask unanimous consent I be scribe National Airport really as from the Mexican border. And it is true granted 4 additional minutes. Reagan National Airport. This con- they have been apprehended in a good The PRESIDING OFFICER. Without ference report, because the House in- many other States as well. objection, it is so ordered. sisted, requires the Metro Airport Au- We have a lot of difficulties, prob- Mr. MCCAIN. Mr. President, I wish to thority to spend $400,000 changing signs lems, and concerns trying to merge two express my strong opposition to the so that people will not be confused that different kinds of economies with re- conference agreement on H.R. 2299, the they are at the airport when, in fact, spect to transportation, two different fiscal year 2002 Transportation appro- the signs now say ‘‘National Airport.’’ kinds of systems dealing with short- priations bill approved by the House George Will had a little something to and long-haul trucks, and two different and Senate conferees last week. say about that in a piece in April of safety standards, different standards I once again find myself in a position this year. He said: with respect to both drivers and in which I must express strong con- Travelers too oblivious to know they are trucks. cerns with yet another appropriations at an airport, when large, clear signs say I wish we had in fact had the House bill. This measure, like the eight ap- they are, should be given those little plastic position, which originally came to con- propriations bills approved by the Con- pilot wings that are issued to unaccompanied ference with a prohibition until ade- gress this year and like so often has children taken into protective custody. The quate safety standards were in place been the case during recent years, con- conservatives want to get Congress to order and adequate inspection opportunities tinues what I believe is an inappro- Metro officials to spend several thousand dollars to add Reagan’s name to the station were in place. That, regrettably, is not priate overreach by the appropriators signs and all references to the station on the the case. And I am not here to suggest in an effort to fulfill their own agendas maps. that our two Senators—Senator MUR- at the expense of both current law and He is talking about the station at the RAY and Senator SHELBY—in any way the work of the authorizers. Metro stop. weakened this provision. I am here to They again are redirecting pro- He said: say the conference itself forced that grammatic funding, funding that in Reagan had a memorable thing or two to weakening. I think that will not and many cases is authorized to be distrib- say about bossy Federal institutions med- cannot be the last word on this subject. uted by formula or at the discretion of dling in local affairs. Those on the authorizing committee the Secretary and based on competitive I want to make the point that the and those of us who will return to this merit. House of Representatives has insisted subject in the appropriations process Instead of allowing the normal fund- on this for some long while. I regret next year will have more to say. ing distribution process to go forward, they forced their will into this con- But having spoken on both of those the appropriators have earmarked that ference. I think it is a waste of $400,000 issues, let me again say to my col- funding for pet projects for the mem- that probably could have better been league, Senator MURRAY, and my col- bers of the Appropriations Committee. used, if the House had thought clearly league, Senator SHELBY, they operate Before citing a host of examples of about this, for security. in good faith and do an extraordinary the pork barrel spending associated We have a range of security needs, job. They run a subcommittee that is with this conference report, I want to given post-September 11, on a range of very important to this country, espe- first address the very important trade transportation systems. I would have cially again in relation to post-Sep- issue that the appropriators have tied much rather seen, if the $400,000 is to tember 11, the issue of transportation, to the pending measure, that is, the be spent, that it be spent on Metro se- the security of our transportation sys- North American Free Trade Agree- curity. I know the Senators from tems in the country. ment, NAFTA. Washington and Alabama share my Our transportation industry is so im- As my colleagues well know, provi- concern about that. portant to this country’s economy. sions in both the House and the Senate Let me make one additional point, There is no way you can overstate it. versions of the Transportation appro- and that is on the issue of Mexican The appropriations bill offered to us priations bill proposed to restrict the

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.009 pfrm01 PsN: S04PT1 S12336 CONGRESSIONAL RECORD — SENATE December 4, 2001 administration’s ability to abide by The compromise reached by the House and NAFTA while protecting the safety of our obligations under NAFTA. As a re- Senate appropriators on Mexican trucking is the American traveling public. sult of this fact, the Statement of Ad- an important victory for safety and free Mr. President, this is a bittersweet ministrative Policy included a very trade. We must promote the highest level of victory for highway safety and free safety and security on American highways clear and direct veto threat stating while meeting our commitments to our trade. On the one hand the United that ‘‘the Senate Committee has adopt- friends to the South. The compromise States will be allowed to keep its ed provisions that could cause the reached by the conferees will achieve these promise to abide by its solemn treaty. United States to violate our commit- twin objectives by permitting our border to Yet on the other hand, the egregious ments under NAFTA. Unless changes be opened in a timely manner and ensuring process of pork barrel earmarking con- are made to the Senate bill, the Presi- that all United States safety standards will tinues. Unless you are from a state dent’s senior advisors will recommend be applied to every truck and bus operating with a member on the Appropriations that the President veto the bill.’’ on our highways. Committee, your State’s transpor- Several of us also strongly objected Moreover, I have received a letter tation dollars most likely will be re- to the appropriators’ actions. As a re- from U.S. Trade Representative, Rob- duced by enactment of this bill which sult, we spent considerable floor time— ert Zoellick, which states: in many cases redirects authorized nearly two full weeks in July—dis- The Administration supports the agree- funding programs for the sake of the cussing the importance of NAFTA and ment reached by the House and Senate ap- home-state projects of the appropri- our obligation to abide by our commit- propriators on Mexican trucking as fully promoting highway safety and U.S. trade ators. ments to our trading partners. I recognize that there are very im- At no time has the senior Senator commitments. In addition, it will permit the portant provisions in the legislation, from Texas or I argued that safety con- United States to meet the commitments sections that appropriate funds for pro- cerns were not of considerable impor- made to Mexico as part of the North Amer- ican Free Trade Agreement. grams vital to the safety and security tance in this debate. In fact, it was our of the traveling public and our national proposal offered as an alternative to I ask unanimous consent a copy of transportation system over all. Yet de- the Senate version that first called for that letter be printed in the RECORD. There being no objection, the letter spite that necessary funding, and the an inspection of every Mexican truck was ordered to be printed in the fact that the legislation is not in viola- similar to the model used in the State RECORD, as follows: tion of NAFTA, it once again goes of California at the border. Indeed, the proponents of NAFTA EXECUTIVE OFFICE OF THE PRESI- overboard on pork barrel spending. have had one goal since this issue sur- DENT, THE UNITED STATES TRADE It is so bad, in fact, yesterday’s Wall faced in the DOT appropriations legis- REPRESENTATIVE, Street Journal included an article Washington, DC. lation this summer. From the begin- highlighting the very egregious actions Hon. JOHN MCCAIN, of the appropriators to reduce state ning, our goal has been to ensure the U.S. Senate, appropriators did not succeed in their transportation dollars and direct those Washington, DC. funds to earmarked projects. The arti- attempts through the DOT appropria- DEAR SENATOR MCCAIN: I am writing to tions bill to effectively alter our sol- convey the Administration’s views on Sec- cle is entitled ‘‘Bill Gains To Cut emn agreement with our neighbors to tion 350 of H.R. 2299, the Department of State-Controlled Highway Funds.’’ I the South. If our trading partners are Transportation’s appropriations bill for fis- ask unanimous consent that the article cal year 2002. be printed in the RECORD. subject to the whimsical mood of the The Administration supports the agree- appropriators, how can we ever expect There being no objection, the article ment reached by the House and Senate ap- was ordered to be printed in the any nation that we have executed a propriators on Mexican trucking as fully trade agreement with, or one we are promoting highway safety and U.S. trade RECORD, as follows: seeking to enter into trade agreements commitments. In addition, it will permit the BILL GAINS TO CUT STATE-CONTROLLED with, to have any faith that our word is United States to meet the commitments HIGHWAY FUNDS true and we will abide by our agree- made to Mexico as part of the North Amer- (By David Rogers) ments? If the appropriators’ agenda ican Free Trade Agreement. WASHINGTON.—In a total display of patron- had prevailed, I shudder to consider the Sincerely, age politics, Congress is poised to remove ROBERT B. ZOELLICK. consequences and the impact as we at- nearly $450 million of federal highway aid Mr. MCCAIN. Additionally, I note the from state control to instead spend the tempted to seek to negotiate new trade money on road projects selected by law- agreements or renewed ones. conference report does include addi- tional funding to address the many makers. After receiving assurances from the The appropriations leadership added the ranking member of the Appropriations safety related enforcement require- provision to a $59.6 billion transportation Committee that he would work with ments concerning Mexican carriers and budget for fiscal-year 2002 that was filed just the administration to ensure the con- drivers. While much of my statement before dawn Friday and rushed through the ference agreement would not include today will express disagreement to the House hours later, where it passed 371–11. any provisions that would prevent use actions of the appropriators, in this Tight limits on Senate debate all but ensure from abiding by our NAFTA commit- case I want to note for the record that final passage this week, despite complaints that lawmakers are tampering with funding ments, the senior Senator from Texas they have worked to provide sufficient funding to allow DOT to carry out the formulas laid out in the 1998 highway act. and I agreed to forgo some of our pro- Until the dust settles, it is difficult to say cedural rights and allowed the bill to requirements with respect to the Mexi- precisely how individual states will fare, but go to conference without several addi- can trucking issue and enable the bor- three—Kentucky, Alabama, and West Vir- tional votes and the expenditure of ad- der to be opened in a time-frame ginia—are clear winners. Rep. Hal Rogers ditional floor time. While early into deemed appropriate by the administra- (R., Ky), who led the House negotiators, en- the conference the Senate managers of tion. gineered the arrangement and used it to cor- the bill issued a release indicating a Mr. President, enactment of this leg- ral extra dollars for his state. Alabama had three votes at the negotiating table, includ- determination to provoke a Presi- islation will not be the end of our due- diligence to ensure we are allowed to ing Sen. Richard Shelby, the Senate’s top dential veto, the appropriators finally GOP negotiator. West Virginia needed only agreed last week to incorporate provi- open the border to Mexican carriers one, Sen. Robert Byrd, chairman of the Ap- sions agreeable to the administration. and in turn, allow American carriers to propriations panel and a master at capturing Upon hearing of the agreement with do business in Mexico. I intend to stay highway money for his rural state. Among respect to Mexican trucks last week, I vigilant on this very important issue the four largest earmarked highway ac- raised reservations over some of the and will monitor the administration’s counts, Kentucky, West Virginia and Ala- provisions that I felt could be trouble- actions with respect to the border bama are promised $211 million, almost a some. However, in response to these opening in my capacity as ranking fifth of the $1.1 billion total. member of the Senate Committee on Never before has the Appropriations lead- concerns, the administration has as- ership gone so far in tampering with the 1998 sured us the agreement is not in viola- Commerce, Science, and Transpor- highway act, which was built on the premise tion of NAFTA. Last Friday, November tation. I remain committed to doing all that federal gas-tax receipts should be re- 30, the White House issued the fol- I can to ensure the border is open con- turned quickly to the states regardless of lowing statement of the President: sistent with our obligations under other federal spending priorities. The act

VerDate 04-DEC-2001 02:41 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.020 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12337 even created a mechanism to adjust author- sonal victory for Rep. Martin Salo (D., gitimate transportation needs of their ized highway funding upward as revenue Minn.) and Sen. Patty Murray (D. Wash.), states. rose. In recent years, that pot of money— the two managers of the bill who had in- Mr. President, the Revenue Aligned identified by the title Revenue Aligned sisted lawmakers must consider safety. Budget Authority, or RABA—has exploded, Budget Authority—RABA—funds men- For Sen. Byrd, there will be more at stake tioned in the article are to be distrib- reaching $4.5 billion this year. than the transportation bill. The West Vir- Under the highway law, $3.95 billion was to ginia Democrat will be at center stage again uted proportionately to the states be apportioned among the states this year this week, which he is expected to force Sen- through formula apportionments and with the remaining $574 million going to ate roll calls on adding more money for to allocated programs. This conference about 40 highway programs authorized in the homeland security to a pending Pentagon report represents a fundamental depar- highway act and administered through the budget. Though the White House should win Transportation Department. The bill would ture from that approach. an early procedural vote, Sen. Byrd appears cut the state share to $3.5 billion and com- To pay for some of the report’s many prepared to confront Republicans with the bine the extra $450 million with the $574 mil- earmarks, $423 million will be redi- choice of accepting the money or pulling lion, creating a $1 billion-plus pot. down the entire military budget. rected from state apportionments, The negotiators made wholesale changes in meaning the states lose 10.7 percent of the priorities set in the highway act, sub- Mr. MCCAIN. Mr. President, I ask my RABA funds from the regular formula stituting projects they favor for the ones colleagues, how much longer are we program. Further, another $423 million preferred by the House and Senate transpor- going to let the appropriators subordi- tation committees that wrote the highway will be redistributed from allocated law. A $25 million community-preservation nate the jurisdiction and responsibil- programs in a manner in which the ap- pilot program, for example, ballooned to $276 ities of the authorizers? Didn’t most of propriators have selected pro- million, with virtually each dollar ear- us think the multi-year highway fund- grammatic winners and losers. In fact, marked as to where it should be spent. ing legislation, known as TEA–21, 24 of 38 highway funding programs will The Bush administration had opened the would essentially be the law of the land receive none of the funding under door by proposing changes in how RABA dol- through fiscal year 2003 with respect to lars are distributed. Negotiators said the $3.5 RABA they were to receive before the billion apportioned to the states narrowly highway funding formulas and state appropriators’ stroke of pen. But again, exceeds the amount proposed in the presi- apportionments? I guess we were if you have the good fortune to reside dent’s budget, and an additional $100 million wrong, given the appropriations re- in a state with a member in a leader- has been added elsewhere to core highway programming maneuvers. ship position on the DOT Appropria- funds available to the states. There is little Let me again quote from the Wall tions Subcommittee, you are among doubt the deal was driven by pork-barrel pol- the winners in this appropriations bill itics. There were bitter fights over unsuc- Street Journal: ‘‘The negotiators made cessful Republican attempts to deny money wholesale changes in the priorities set lottery. I ask unanimous consent that for vulnerable Democrats in conservative in the highway act, substituting two charts prepared by the Federal House districts in Mississippi and Arkansas. projects they favor for the ones pre- Highway Administration to show the The bill would impose a much tougher ferred by the House and Senate trans- impact on each state and the allocated safety regimen than the White House had portation committees that wrote the programs through the RABA redistrib- wanted for Mexican trucks that are due to highway law.’’ This is precisely why no uting work of the appropriators be begin operating in the U.S. next year. The printed in the RECORD at this point. Transportation Department expects to meet projects should be earmarked by either the requirements and open the border by the the authorizers or the appropriators There being no objection, the mate- spring—just a few months later than and we should instead allow the states rial was ordered to be printed in the planned. But the final settlement is a per- to fund the projects that meet the le- RECORD, as follows: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION—ESTIMATED RABA DISTRIBUTION

Federal-aid highway programs TEA–21 Conference Difference

Apportioned Programs ...... 3,968,764,800 3,545,423,946 (423,340,854)

Allocated Programs: Federal Lands Highways Program: Indian Reservation Roads ...... 36,050,486 36,565,651 (484,835) Public Lands Highways ...... 32,249,049 31,815,091 (433,958) Park Roads and Parkways ...... 21,631,440 21,339,391 (292,049) Refuge Roads ...... 2,624,255 2,586,593 (37,662) National Corridor Planning & Devel. & Coord. Border Infrastructure Pg ...... 18,633,932 352,256,000 333,622,068 Construction of Ferry Boats and Ferry Terminal Facilities ...... 5,059,012 25,579,000 20,519,988 National Scenic Byways Program ...... 3,393,730 3,348,128 (45,602) Value Pricing Pilot Program ...... 1,464,300 0 (1,464,300) High Priority Projects Program ...... 236,671,037 0 (236,671,037) Highway Use Tax Evasion Projects ...... 666,113 0 (666,113) Commonwealth of Puerto Rico Highway Program ...... 14,642,998 0 (14,642,998) Woodrow Wilson Memorial Bridge ...... 29,946,366 0 (29,946,366) Miscellaneous Studies, Reports, & Projects ...... 2,503,665 0 (2,503,665) Magnetic Levitation Transp. Tech. Deployment Program ...... 0 0 0 Transportation and Community and System Preservation Pilot Program ...... 3,324,822 251,092,600 247,767,778 Safety Incentive Grants for Use of Seat Belts ...... 14,907,146 0 (14,907,146) Transportation Infrastructure Finance and Innovation ...... 15,969,481 0 (15,969,481) Surface Transportation Research ...... 13,442,846 0 (13,442,846) Technology Deployment Program ...... 5,989,273 0 (5,989,273) Training and Education ...... 2,526,635 0 (2,526,635) Bureau of Transportation Statistics ...... 4,128,751 0 (4,128,751) ITS Standards, Research, Operational Tests, and Development ...... 13,976,885 0 (13,976,885) ITS Deployment ...... 15,969,481 0 (15,969,481) University Transportation Research ...... 3,525,804 0 (3,525,804) Emergency Relief Program ...... 13,310,772 0 (13,310,772) Interstate Maintenance Discretionary ...... 13,310,772 76,025,000 62,714,228 Territorial Highways ...... 4,846,545 0 (4,846,545) Alaska Highway ...... 2,503,665 0 (2,503,665) Operation Lifesaver ...... 68,908 0 (68,908) High Speed Rail ...... 700,567 0 (700,567) DBE & Supportive Services ...... 2,664,451 0 (2,664,451) Bridge Discretionary ...... 13,310,772 62,650,000 49,339,228 Study of CMAQ Program Effectiveness ...... 0 0 0 Long-term Pavement ...... 0 10,000,000 10,000,000 New Freedom Initiative ...... 0 00 State Border Infrastructure ...... 0 56,300,000 56,300,000 Motor Carrier Safety Grants ...... 24,221,241 23,896,000 (325,241) Public Lands Discretionary ...... 0 45,122,600 45,122,600 Subtotal, allocated programs ...... 574,235,200 997,576,054 423,340,854

Total ...... 4,543,000,000 4,543,000,000 ......

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.022 pfrm01 PsN: S04PT1 S12338 CONGRESSIONAL RECORD — SENATE December 4, 2001 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGH- Maritime Project in Seattle, WA. What million. Once again, this is intended to WAY ADMINISTRATION—DISTRIBUTION OF ESTIMATED makes this last one a highlight is that take away significantly from the dis- FY 2002 REVENUE ALIGNED BUDGET AUTHORITY the ‘‘Odyssey Maritime Project’’ is not cretion of the FAA to determine the a surface transportation project of all. most important needs of the system as States TEA–21 Conference Difference It is, in fact, a museum. But the spon- a whole. Alabama ...... 78,660,918 70,270,303 (8,390,615) sor of that project must not have want- This might be the time to remind the Alaska ...... 47,506,115 42,438,725 (5,067,390) Arizona ...... 71,794,955 64,136,719 (7,658,236) ed us to really know what the funding Secretary and the modal administra- Arkansas ...... 50,998,628 45,558,698 (5,439,930) was being allocated for and instead tors that the slew of projects included California ...... 357,228,521 319,088,155 (38,140,386) Colorado ...... 51,633,630 46,125,966 (5,507,664) chose to incorporate some cleaver pen- in the Statement of Managers are advi- Connecticut ...... 59,372,721 53,039,542 (6,333,179) manship to mask the true nature of the sory only. The Statement of Managers Delaware ...... 18,097,567 16,167,133 (1,930,434) Dist. of Col...... 15,517,870 13,862,608 (1,655,262) so-called transportation project. does not have the force of law and the Florida ...... 187,841,638 167,804,915 (20,036,723) With respect to the Coast Guard, the FAA and other modal agencies must Georgia ...... 141,803,966 126,677,998 (15,125,968) Hawaii ...... 20,042,262 17,904,391 (2,137,871) conference report earmarks $2,000,000 exercise its judgment in complying Idaho ...... 28,813,232 25,739,778 (3,073,454) for the Coast Guard to participate in Illinois ...... 129,699,234 115,864,455 (13,834,779) with the recommendations of the man- Indiana ...... 91,837,217 82,041,110 (9,796,107) an unrequested joint facility that agers. Iowa ...... 46,752,049 41,765,094 (4,986,955) would locate a new air station in Chi- Kansas ...... 45,442,357 40,595,104 (4,847,253) While the aviation earmarking is Kentucky ...... 68,342,130 61,052,200 (7,289,930) cago with a new facility that would bad, the raiding of existing aviation ac- Louisiana ...... 61,436,479 54,883,163 (6,553,316) also house city and State facilities. Maine ...... 20,796,328 18,578,021 (2,218,307) counts for unrelated purposes is even Maryland ...... 64,532,116 57,648,593 (6,883,523) The new marine safety and rescue sta- worse. The FAA’s Airport Improve- Massachusetts ...... 71,715,580 64,065,811 (7,649,769) tion is not justified, not requested, and Michigan ...... 126,563,909 113,063,570 (13,500,339) ment Program is supposed to be de- Minnesota ...... 57,110,525 51,018,651 (6,091,874) in fact would provide duplicative air voted to the infrastructure needs of our Mississippi ...... 50,720,814 45,310,518 (5,410,296) coverage already met by other Coast Missouri ...... 90,924,402 81,225,663 (9,698,739) nation’s airports. Yet the conference Montana ...... 40,640,152 36,305,141 (4,335,011) Guard air stations. report take tens of millions of dollars Nebraska ...... 31,472,305 28,150,666 (3,321,639) The conference report also earmarks Nevada ...... 28,932,295 25,846,141 (3,086,154) out of AIP to pay for the FAA’s costs New Hampshire ...... 19,605,698 17,514,394 (2,091,304) $4,650,000 to test and evaluate a cur- of administering AIP, the Essential Air New Jersey ...... 100,687,563 89,947,406 (10,740,157) rently developed 85-foot fast patrol New Mexico ...... 38,735,144 34,603,338 (4,131,806) Service program, and the Small Com- New York ...... 197,128,548 176,101,207 (21,027,341) craft that is manufactured in the munity Air Service Developing Pilot North Carolina ...... 111,046,039 99,200,962 (11,845,077) United States and has a top speed of 40 North Dakota ...... 26,630,412 23,789,795 (2,840,617) Program. Theses are worthy activities Ohio ...... 136,327,071 121,785,313 (14,541,758) knots. Interestingly, there is only one and programs, but it violates the long- Oklahoma ...... 60,722,101 54,244,986 (6,477,115) company with such a patrol craft, Oregon ...... 46,434,548 41,481,460 (4,953,088) established purpose of AIP to use mon- Pennsylvania ...... 186,849,447 166,918,559 (19,930,888) Guardian Marine International, LLC., ies for these things. Rhode Island ...... 24,050,715 21,485,269 (2,565,446) and it is based in the State of Wash- South Carolina ...... 67,429,314 60,236,753 (7,192,561) Mr. President, last year I warned South Dakota ...... 27,979,792 24,995,239 (2,984,553) ington. The Coast Guard did not re- that we should just as well get rid of Tennessee ...... 89,614,709 80,055,673 (9,559,036) quest this vessel, does not need this Texas ...... 310,674,910 277,535,786 (33,139,124) DOT and let the appropriators act as Utah ...... 30,202,300 26,980,676 (3,221,624) vessel, nor does this vessel meet the the authorizing agency since they so Vermont ...... 18,375,381 16,415,313 (1,960,068) Coast Guard’s requirements. The Coast Virginia ...... 103,703,824 92,641,928 (11,061,896) routinely substitute their own judg- Washington ...... 68,461,193 61,158,563 (7,302,630) Guard’s resources are already stretched ment for that of the agency’s. Well, ap- West Virginia ...... 41,711,718 37,262,406 (4,449,312) thin and this will only hamper its abil- Wisconsin ...... 77,986,228 69,667,581 (8,318,647) parently I have a job in my retirement Wyoming ...... 28,178,230 25,172,507 (3,005,723) ity to meet its new challenges since predicting the future. There is a provi- 1 September 11. But again, the appropri- Subtotal ...... 3,968,764,800 3,545,423,946 (423,340,854) sion in this bill that prohibits the use Allocated Programs .... 574,235,200 997,576,054 423,340,854 ators know best. of any funds for a regional airport in Total ...... 4,543,000,000 4,543,000,000 0 The conference report further ear- marks $500,000 for the Columbia River southeast Louisiana, unless a commis- 1 ¥ Represents ( 10.7%). Aquatic Non-indigenous Species Initia- sion of stakeholders submits a com- Mr. MCCAIN. In addition to the tive—CRANSI—Center at Portland prehensive plan for the Administrator’s RABA funding shell game, host of State University in Portland, Oregon, approval. While that is not necessarily other actions by the appropriators to support surveys of nonindigenous good government, that is well within merit concern. For example, section 330 aquatic species in the Columbia River. the agency purview. However, the bill of the conference report appropriates This earmark is directly taking away goes further and requires that if the $144 million in grants for surface trans- much needed Coast Guard R&D funds Administrator approves the plan, it portation projects while the Statement that could be used to fight the war on must be then submitted to the Appro- of Managers then earmarks the entire drugs, protect our ports, or aid in priations Committee for approval be- allotment for 55 projects in 31 States. I search and rescue efforts. fore funds can be spent. should point out that the Senate- And, as with other modes of trans- This is unconscionable. Clearly the passed version of the appropriations portation, the appropriators have appropriators do not want this airport bill provided $20 million for these larded the DOT’s aviation programs to be funded unless they say so. Are the grants, not a dime of which was ear- with numerous earmarks and author- appropriators now going to require marked, while the House bill did not izing language that is within the juris- that every decision that is made by the appropriate any funding for such diction of the Commerce Committee. oversight agency be approved by them grants. But through the will of the con- For example, the Statement of Man- first? Will the Administrator or Sec- ferees, the level of funding for surface agers earmarks more than $206 million retary have to send letters regarding transportation projects grants are in- in FAA facilities and equipment transportation policy to Congress for creased by $124 million and the con- projects at dozens of specific airports. I approval? Will DOT leave requests and ferees have recommended earmarks for am not sure how the appropriators travel schedules have to be sent to the every penny of the grant funding in- seem to know precisely which pieces of Appropriations Committees? Where stead of allowing it to be made avail- equipment need to be installed at does this end? I understand that Con- able for distribution on a competitive which airports, but I believe that we gress is supposed to act as a check and or meritorious basis. should be leaving these decisions to the balance to the executive branch, but I Examples of these earmarks included FAA. The more projects that are forced must ask, who is serving as a check in the Statement of Mangers include: upon the agency, the less ability it has and balance to the appropriators? At a $1.5 million for the Big South Fork to focus on those that are truly needed minimum, isn’t it supposed to be the Scenic Railroad enhancement project to enhance safety and capacity. authorizers? But passage of this con- in Kentucky; $2 million for a public ex- The appropriators do the same thing ference report will provide clear proof hibition on ‘‘America’s Transportation when it comes to airport projects and that once again there are no checks Stories’’ in Michigan—this sounds like the expenditure of discretionary funds. and there is no balance. a very critical and legitimate use of The Statement of Managers earmarks Mr. President, I could go on and on transportation dollars—and one of my more than 100 specific airport construc- but will refrain. It is hard to imagine favorites, $3 million for the Odyssey tion projects totaling more than $200 but despite the seemingly unlimited

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.004 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12339 lists of projects and funding redirec- met last week, to today, shows there is This agreement prohibits the border tives provided for in this bill, it actu- no legislative prohibition against this from being opened to Mexican trucks ally could have been worse. The appro- arrangement, even if it were sole until the DOT implements a number of priators did rightly reject some of the source contracting, which, I repeat important safety measures, and until requests and wish-lists they received, again, it is not. We then discussed at the DOT’s inspector general has con- such as including language to effec- the conference the approach of having cluded a thorough audit of the Depart- tively alter the federal cap on the Bos- it included in the supplemental appro- ment’s efforts. ton Central Artery Tunnel Project— priations bill, which we are working on I would like to spend a moment com- the Big Dig—or to take action to elimi- now. The Appropriations Committee is paring the conference agreement with nate the Amtrak self-sufficiency re- meeting this afternoon. the administration’s original plan. quirement now that the Amtrak Re- I thank the distinguished chairman Let me start with compliance re- form Council has made its finding that of the subcommittee, Senator MURRAY, views, which are comprehensive inspec- Amtrak will not met its statutory di- and the distinguished ranking member, tions of a trucking firm’s vehicles, its rective. Perhaps if the requesters were Senator SHELBY, for commenting at management systems, and all of its li- appropriators, their Christmas wish that time they would support the effort cense, insurance, and maintenance list would have been fulfilled as well. I to get it in the supplemental appro- records. tell my colleagues, I will be going all priations bill so we hope we can be It looks at the trucking firm’s oper- over the country discussing this egre- cured at that time. ating and violation histories and yields gious, outrageous procedure which has I did want to make the brief state- a decision as to whether the firm gone completely out of control on a bi- ment on the record at this point. I should be allowed to continue oper- partisan basis. Of all the years I have thank Senator SHELBY for yielding me ating in the U.S. seen this egregious porkbarrel spend- the time. I yield the floor. Under the administration’s plans, The PRESIDING OFFICER. The Sen- ing, this is one of the worst. there was never going to be a require- ator from Alabama. The PRESIDING OFFICER. The Sen- ment that a Mexican trucking firm un- Mr. SHELBY. How much time re- ator from Washington has 5 minutes dergo a compliance review. mains? The conference agreement, however, remaining; the Senator from Alabama The PRESIDING OFFICER. Three includes a requirement that each and has 5 minutes remaining. minutes five seconds. Mrs. MURRAY. I suggest the absence Mr. SHELBY. I yield that time back. every Mexican trucking firm undergo a of a quorum. compliance review before being granted UNANIMOUS CONSENT AGREEMENT The PRESIDING OFFICER. The permanent operating authority. There The PRESIDING OFFICER. The Sen- clerk will call the roll. are no exceptions. Mr. SHELBY. Mr. President, I ask ator from Washington. Mrs. MURRAY. Under the authority Let’s look at on-site inspections. unanimous consent that the order for The administration never intended to granted to the majority leader by the the quorum call be rescinded. require that inspections by U.S. truck unanimous consent agreement of De- The PRESIDING OFFICER. Without safety inspectors take place on-site at cember 3, I ask unanimous consent objection, it is so ordered. that the vote on adoption of the con- a Mexican trucking firm’s facilities. Mr. SHELBY. I yield 3 minutes of my The conference agreement, however, ference report to accompany H.R. 2299, time to the Senator from Pennsyl- requires that U.S. truck safety inspec- the Transportation appropriations bill vania, Mr. SPECTER. tors must visit every Mexican trucking occur at 12:30 p.m. today, without fur- Mr. SPECTER. Mr. President, I firm either when they conduct their ther intervening action, and I now ask thank my colleague from Alabama for initial safety examination or when for the yeas and nays on adoption. yielding me a brief period of time to they conduct a compliance review to comment about an omission from the The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient determine whether the firm should be appropriations conference report in- granted permanent operating authority volving a constituent company of second. The yeas and nays are ordered. Mrs. MURRAY. Mr. President, back in the U.S. mine, Traffic.com. There had been an in July and August, the Senate spent a The only exception is granted to the arrangement worked out in previous lot of time talking about the safety of smallest independent operators in Mex- legislation. This would have given Mexican trucks. ico. They will be required to have these Traffic.com a followup contract for Originally, the White House wanted same exams conducted at the border. some $50 million where they have de- to allow Mexican trucks to travel Even with this exception, it is likely vised systems for monitoring traffic on throughout the United States without that these smallest of firms will be vis- the highways so the people can be in- sufficient safety checks. ited on-site. formed where there is traffic conges- That raised real safety concerns for That’s because the DOT will have to tion. everyone from the Advocates for High- conduct on-site inspections of at least The first contract was awarded to way & Auto Safety to the AAA of half of all firms and half of all the traf- Traffic.com under an arrangement Texas. fic volume coming into the U.S. where the second would follow through. The House of Representatives, mean- Originally, the administration did There was competitive bidding for the while, voted to prevent any Mexican not intend to verify many licenses first contract. The Department of trucks from traveling beyond a limited when Mexican truckers crossed the Transportation wanted clarification, area near the border. border. which was added in this Chamber on an I have always believed that we could The DOT told us that they would amendment which was accepted to give ensure our safety and promote com- verify the licenses on a random basis— the followup contract to Traffic.com. merce at the same time. but deliberately avoided defining what Then when we went to conference last So Senator SHELBY and I—working was meant by the word ‘‘random.’’ week, I was informed a few minutes be- with our colleagues on both sides of the That could mean verifying 1 out of fore the conference began that the pro- aisle—created a commonsense safety every 100 licenses or 1 out of every 1,000 vision had been dropped. There had plan. licenses. been no notification. The Senate turned back several Under the conference agreement, the When I raised the issue in the con- amendments—and voted twice with DOT will be required to electronically ference, I was advised there was legis- strong bipartisan super-majorities—to verify at least one out of every two li- lation which prohibited this arrange- invoke cloture both on the committee censes. ment which they characterized as ‘‘sole substitute and the bill itself. And the actual ratio will be even source contracting,’’ but, in fact, it This summer, there were several at- higher. was not because the first contract had tempts to weaken the safety provi- That’s because the conference agree- been competitively bid with the under- sions, but the Senate consistently re- ment requires that border inspectors standing that the second contract jected them. verify the license of every trucker car- would follow. And I am proud to say that the final rying hazardous materials, and every In any event, our research in the in- conference agreement strictly adheres trucker undergoing a Level I inspec- terim since the conference committee to the outlines of the Senate bill. tion, and then requires that inspectors

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.009 pfrm01 PsN: S04PT1 S12340 CONGRESSIONAL RECORD — SENATE December 4, 2001 verify 50 percent of all other vehicles Under the conference agreement, no The PRESIDING OFFICER. There re- crossing the border. trucks may cross the border until the main 14 hours 40 minutes. On the issue of overweight trucks, IG has completed another entire audit Mr. REID. Mr. President, I suggest the administration did not intend to of the DOT’s efforts. the absence of a quorum. implement any special effort to address And no trucks may cross the border The PRESIDING OFFICER. The overweight vehicles—even though until the Transportation Secretary has clerk will call the roll. Mexican weight limits far exceed those received the IG’s findings and has cer- The legislative clerk proceeded to in the U.S. tified in writing, in a manner address- call the roll. The conference agreement, however, ing each of those findings, that the Mr. DOMENICI. Mr. President, I ask requires that—within 1 year of the date opening of the border does not present unanimous consent the order for the of enactment—each and every truck an unacceptable risk to our constitu- quorum call be dispensed with. crossing the border at the ten busiest ents. The PRESIDING OFFICER. Without border crossings between the U.S. and So, the conference agreement in- objection, it is so ordered. Mexico will be weighed. cludes a serious mechanism to hold the AMENDMENT NO. 2202 TO AMENDMENT NO. 2170 In fact, the conference agreement Transportation Secretary accountable Mr. DOMENICI. Mr. President, I call prohibits the border from being opened for his decision to open the border. up amendment No. 2202 and ask for its at all—until half of these border cross- And you can be sure that the Trans- immediate consideration. ings have weigh-in-motion systems portation Appropriations sub- The PRESIDING OFFICER. The fully installed. committee will be holding a hearing clerk will report. The administration did not intend to with both the Transportation Sec- The assistant legislative clerk read require that Mexican trucks cross the retary and the inspector general once as follows: border only where DOT safety inspec- the IG has made his findings and the The Senator from New Mexico [Mr. DOMEN- tors are on duty. ICI] proposes an amendment numbered 2202 to Secretary is poised to issue his certifi- amendment No. 2170. The conference agreement requires cation. that the trucks cross where inspectors Some observers have suggested that (Purpose: To strike the provision related to are on duty. the requirements of the conference directed scorekeeping) It also requires that they enter the agreement are not as restrictive as the Strike section 105(c). U.S. at crossings where there is ade- measures that passed the Senate. Mr. DOMENICI. Mr. President, I put quate capacity for the inspectors to As I view it, the safety requirements before the Senate an interesting, sim- conduct meaningful inspections and, if are effectively the same. ple amendment that we as a Senate need be, place vehicles out-of-service The conference agreement gives the should adopt. I hope this amendment is for safety violations. administration a degree of flexibility aired for a while. Because Senators The DOT was planning to open the in implementing these safety require- have asked me not to, I do not have border whether or not a number of crit- ments. any intention to move rapidly. Other ical truck safety rulemakings had been Others have said that the border is Senators are presently indisposed and finalized and published. likely to open more quickly under the they might come and perhaps become Some of these rulemakings have been provisions of the conference agreement cosponsors. We will see what we can do. delayed for years, but the DOT planned than under the Senate-passed bill. But I want to make sure the Domen- to open the border anyway. That may be true. But I want to re- ici amendment No. 2202 will not be mis- The conference agreement, however, mind my colleagues that, it has never taken for anything other than what it requires that the Secretary either im- been our goal to keep the border is. This amendment is not a killer plement policy directives or publish in- closed. amendment with reference to the un- terim final rules that will immediately I voted for NAFTA. derlying amendment. The railroad re- govern the behavior of trucking firms— I represent a state that is highly-de- tirement bill will in no way be dam- before the border can be opened. pendent on international trade. aged by this amendment. This amend- Now let’s look at the hauling of haz- And I believe in the economic bene- ment is just a very simple recognition ardous materials across the border. fits that come with lower trade bar- that the bill has some language in it The administration had not planned on riers. that shouldn’t be in it. As much as we implementing any unique requirements Throughout this entire process, my want to do for the railroad retirees and for hazardous materials trucks even goal—and that of Senator SHELBY—has for all of those who have joined in a though they represent a unique and been to ensure the safety of our high- rather mass number of Senators who dangerous threat on our highways. ways. want to see this happen—that is, pas- The conference agreement, however, And I am proud that this conference sage of the bill—they actually should requires that even if other trucks have agreement makes great progress for join in saying we want to do this. But already been allowed to cross the bor- our safety. we want to be honest with the Amer- der no hazardous material trucks will I am prepared to yield back all of our ican people in terms of what the bill be allowed to enter the U.S. until the time on the bill if there is no one to costs and how you should score the ac- governments of the U.S. and Mexico speak. tual costs against the Treasury. enter into a separate agreement con- I yield back the remainder of our My amendment would strike what we firming that U.S. and Mexican drivers time. call directed scorekeeping language of these vehicles have been subjected f out of section 105. This technical lan- to the same unique requirements. guage inserted just before the House COMPREHENSIVE RETIREMENT SE- Finally, concerning the oversight of passed the bill instructs the Office of CURITY AND PENSION REFORM the inspector general, the administra- Management and Budget to deviate— ACT OF 2001—Resumed tion was planning to open the border let me go slow here so everybody will without regard to the long list of safe- The PRESIDING OFFICER. The get it—from the standard accounting ty deficiencies that had been cited by clerk will report the pending business. practice when implementing this bill. the DOT inspector general. The assistant legislative clerk read The Congressional Budget Office esti- As far as the DOT was concerned, the as follows: mates that the provision allowing pri- inspector general could continue to A bill (H.R. 10) to provide pension reform vate investment in equities would in- publish as many critical audits as he and for other purposes. crease outlays by $15.3 billion in 2002. wanted to—but they were going to Pending: That means, if you follow the way we open the border on January 1 without Daschle (for Hatch/Baucus) Amendment do things in a normal manner pursuant regard to whether any of the defi- No. 2170, in the nature of a substitute. to the rules and guidelines in the law, ciencies had been addressed. The PRESIDING OFFICER. The as- this bill adds $15.3 billion in increased There wasn’t even a process in place sistant majority leader. outlays. to require the Transportation Sec- Mr. REID. Mr. President, will the That is a matter of the Congressional retary to acknowledge the findings of Chair indicate how much time is re- Budget Office doing its work and tell- the IG. maining on this matter? ing us the answer when they are asked

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.010 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12341 the question, How much does the bill cation and training as an outlay. The rity, as the President’s commission is cost? What do you put on the books of Government should get a good rate of about to propose, or collective invest- the United States? return on all types of investments. In ments such as President Clinton pro- They did their work. Now this bill, at contrast to private sector accounting, posed, it doesn’t make much sense for the last minute, deviates from the we record these investments as an ex- budget rules to save one policy over an- standard accounting to the extent of penditure because the Government op- other. That is why I think we should be $15.3 billion. erates under cash accounting rules. We consistent, and do what is right. If my amendment is agreed to, which certainly cannot use that fact as a rea- Finally, the directed scorekeeping strikes the language permitting the de- son for changing it. If we are going to language in the bill creates a 306 budg- viation and permitting the violation of choose to change that system of ac- et point of order against the entire the Congressional Budget Office, it counting, we shouldn’t do it selectively Railroad Retirement Act. does nothing, except it puts before us for one bill, no matter how good the The point of order prevents Congress the reality, the truth. It doesn’t cause bill is, and no matter how much sup- from changing the budget rules unless the bill to be any more or any less in port it has. You ought to change the the proposal is reported from the Budg- conformance with the rules and the whole system after a thoughtful eval- et Committee. My amendment, by Congressional Budget Office. It doesn’t uation of whether we should continue dropping the directed scorekeeping lan- make the bill subject to a point of to use that kind of an approach. guage, will ensure that we follow the order. It is already subject to that. I will not go into the reasons why the right accounting proposals. That has nothing to do with this Federal Government uses the cash ac- But understand, I do not make a amendment that I am offering to clar- counting system instead of an accrual point of order. There are plenty of ify and make consistent this bill, and accounting system. But I will say that votes for this bill. But I think plenty of make it consistent with what we ought the Federal Government has operated those votes ought to be used to correct to do in following the language and under cash accounting rules since 1789, the accounting so there is no black process and past procedures with ref- the first year Congress appropriated mark that follows this bill around as to erence to the estimated cost. $639,000 to cover the expenses of our why did we have to do that. We do not Once again, the Congressional Budget new government. This isn’t the time to have to do that. We just do not have to Office estimates that the provision al- change the rules. Obviously, it is nei- do it. lowing private investment in equities ther the time, nor the bill. It is a bill At the point it went through the would increase outlays by $15.3 billion with great support. I am going to sup- House, maybe it was some way to af- in 2002. It doesn’t say you can’t do it. It port it. It seems to have huge support. fect the cost and make it easier to get doesn’t say you shouldn’t do it. It just We will get it done, but we ought not through because we were not going to says if you do it, report it. Just put it choose the bill to change the rules of charge so much against the surplus of in here. Ask the Congressional Budget accounting that have existed for our the country. All of those kinds of prob- Office and report their answer. Don’t Government since 1789, the first time lems have long gone away. As the occu- ask the Congressional Budget Office Congress appropriated $639,000 as our pant of the chair knows, we have been and then say, regardless of their an- expenditure. spending the surplus for many months. swer, which we are supposed to follow, We know, from example, in the pri- All of the spending that took place on we are going to determine and declare vate sector that bending the account- behalf of the New York incident was that we are not going to follow it. ing rules creates confusion for the out of the surplus there. We began to That is called directed scoring—tell- same reason we should not bend the ac- break the bank, so to speak. ing them how to score things contrary counting rules of the Federal Govern- So if there was some reason to man- to the rules, contrary to reality, and ment to suit our purpose. Doing so re- age or distort the real cost, it does not contrary to the way we have been duces transparency and misleads the exist any longer. In fact, we should not doing it. public. have done it anyway. But if that was That is pathetic. We shouldn’t do If my amendment is not agreed to, the reason, it is not needed and we that on any bill. this bill will set a troubling precedent ought to fix it. That one change will I repeat that it does not kill the bill. for Social Security. Under current ac- not kill this bill. It has nothing to do It does not damage the bill. It just re- counting practices, both the Govern- with the life. Whether it is good or not ports the reality of the bill for book- ment and the privately controlled in- so good, this action just gets rid of keeping and scorekeeping, which I be- vestments of Social Security funds in something that puts a little black lieve the American people want. They stocks are treated consistently. They mark or maybe even a big black mark don’t want one bill, as good as it is, to would increase outlays. If Government- on this bill as seeking some super- have inserted in it just before it passes controlled investments were not re- attention by way of the budget rules the House language saying that what- ported as outlay proposals to collec- that follow this. ever the reality and the truth is, don’t tively invest in Social Security, the as- That is all I have to say. But I note report it this time for this bill. Just re- sets would have a significant advan- the presence of the chairman of the port it another way. tage over proposals to create individual Budget Committee in this Chamber. All I do is strike that language say- accounts. I don’t think that should be From my standpoint, I am ready to ing report it that way. It is a very sim- done. Certainly we wouldn’t want to proceed. But I do not want to cut any- ple idea. It is simple to understand. use this as a precedent for that. body out of either joining me as a co- Just take that language out, return it That is one of the problems when you sponsor or speaking. to language which an ordinary, every- violate precedent and pluck something So with that, I make a parliamentary day bill of this type would have had in out and say, we are not going to use it inquiry. Was there a certain amount of it and should be expected to be part of now, for whatever reason. We would time allocated to the Senator from what we do. rather not show the accounting as it is New Mexico for this amendment? By preventing the OMB from report- or for real. The PRESIDING OFFICER. Under ing that expenditure as an outlay, this, Specifically, the proposals to have cloture, the Senator is limited to 1 in fact, deviates from; it distorts. It the Government invest in Social Secu- hour. The Senator has consumed about makes us look at something and say it rity assets would be free, whereas pro- 14 minutes. isn’t what it is. That is a good way to posals to establish individual accounts Mr. DOMENICI. I reserve the remain- say it. We just put language in saying would cost trillions of dollars. der of my time and yield the floor. no matter what it is, it isn’t. I am say- We understand that is not justified. The PRESIDING OFFICER. The ma- ing no matter what it is, it is, in tak- This bill should not be used as some- jority whip. ing out the language that would do the thing that gives impetus to that con- Mr. REID. Mr. President, Senator contrary. clusion in a completely different area INHOFE tried to arrange some time last The Government has always recorded of huge confusion. week to speak when we had lots of any investment from equities to re- Regardless of whether you support time. The time is a little more con- search and development and to edu- individual accounts for Social Secu- strained today, but he has always been

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.016 pfrm01 PsN: S04PT1 S12342 CONGRESSIONAL RECORD — SENATE December 4, 2001 so easy to work with, and I ask unani- where I am today—this legislative ses- in the entire history of railroads com- mous consent that following my re- sion is winding down. We are facing a ing through Nevada. All this amend- marks and those of Senator CONRAD, serious time constraint if we are going ment will do is set that back, and then the Senator from Oklahoma be recog- to be able to enact this important leg- many other things we have been able nized for up to 40 minutes. Of course, islation this year. to accomplish. But of course the thing the time would be charged against the The railroads have been working and that really hurts has to do with the 30 hours. trying to get something such as this railroad retirees. The PRESIDING OFFICER. Is there done for decades. For once, now we The PRESIDING OFFICER. The Sen- objection? have victory in our grasp. The railroad ator from North Dakota. The Chair hears none, and it is so or- companies and the unions, which rare- Mr. CONRAD. Mr. President, I rise dered. ly agree on the time of day, have today to support the amendment of the Mr. REID. Mr. President, for me to agreed on this package. I think it is a Senator from New Mexico, the distin- speak against Senator DOMENICI and victory that we should not let fall from guished ranking member of the Budget Senator CONRAD is difficult. I work our grasp. Committee. I ask unanimous consent very closely with Senator DOMENICI. If this amendment passes, it is gone. to be added as a cosponsor to his We have been on the Appropriations Everyone should understand, it is gone. amendment. Committee working side by side on a Why? Because this bill will not pass The PRESIDING OFFICER. Without number of issues, including the Energy this year. objection, it is so ordered. and Water Development Sub- There are very few days left in the Mr. DOMENICI. Mr. President, will committee, of which I have been chair- calendar. The House has already passed the Senator yield? man and he has been chairman, back this legislation, the legislation that is Mr. CONRAD. I am happy to yield. and forth. Of course, Senator CONRAD basically before us, that includes di- Mr. DOMENICI. Mr. President, I and I came to the Senate together. rected scorekeeping, by a vote of 384 to thank Senator CONRAD. As chairman of There is no one I have more respect for 33. It was not a close call in the House: the Budget Committee, it is really wel- than Senator CONRAD and for his integ- 384 to 33. come that he would join me in this en- rity and his absolute brilliance. So for If we pass a bill that does not have deavor. me to speak against something on directed scorekeeping, then we face one As a matter of fact, I believe by his which they agree is difficult. But as of three scenarios. No. 1, we have to go joining, he makes the case that we are much respect as I have for both of to conference. If this happens, curtains not trying to kill this bill. He has been these outstanding men, it does not this year, this legislation is all a staunch advocate. I just told railroad mean they are always right. I respect- through. No. 2, the House could send retirees I am voting for the bill. I fully submit that what they are trying back our bill with an amendment in didn’t tell them, nor did I tell the Sen- to accomplish now is wrong. disagreement. In that case, there would ator, that I used to work for the rail- Leave it in the bill is basically what not be enough time on the Senate floor road. I was a baggage clerk when I was my message is. I know I speak for the to deal with this possibility. No. 3, the 22. It was a fun job. I didn’t work long chairman of the Finance Committee, House could agree with our bill. enough to be part of any of this pro- Senator BAUCUS, and I know I speak for Under two of the three outcomes, the gram. I want everybody to know, I the majority leader, Senator DASCHLE, bill would not be enacted this year. We have no interest. It was a great sum- when I say this. do not know which of the three out- mer job. I became friends with some The House-passed bill includes di- comes will occur, but I have an idea. It wonderful railroaders. rected scorekeeping language. This is just too risky to proceed in this way. I repeat, so that nobody misunder- language would require the CBO and The prudent course of action is to leave stands the Senator’s views, this takes OMB to treat the purchase of private the directed scorekeeping language in out of the bill some language that is sector securities by the new railroad this bill, the legislation before us. not needed for this bill and that in es- retirement trust as a means of financ- I urge my colleagues to defeat this sence treats this bill in a way that says ing rather than as an outlay. OMB sets amendment. what is isn’t; it is going to cost this the official rules right now. Under Mr. President, we have come a long much, but it is not going to cost it be- those rules, the purchase of private way to arrive at a point where we actu- cause we wrote language in the bill sector securities is scored as an outlay ally have in our grasp this bill on saying it isn’t. just as any other purchase of goods and which we can vote. I hope this amend- That is not the way to pass a bill. We services would be scored. ment, while well intentioned by two don’t do that for anybody on anything. However, the issue of how to score fine Senators, both of whom want to I welcome the Senator’s support. I the purchase of private sector securi- protect their budget jurisdiction—I think it is a good way for him to start ties is really a very gray area. Unlike just think, in this instance, they are his chairmanship, saying that he is the purchase of goods and services, the wrong. I think it would be much better going to watch the rules carefully and purchase of private sector securities if we went through with this legisla- abide by them. I thank the Senator so does not diminish the financial and tion, followed the lead of the House. much for joining me. budgetary wealth of the Government. The House, as I indicated, passed this (Mrs. CARNAHAN assumed the So a case could be made that these pur- bill overwhelmingly. I think if we did chair.) chases should not be scored as outlays. that, we would have a lot of happy wid- Mr. CONRAD. I thank the Senator. In such a case, a means of financing ows, we would have a lot of happy rail- My great-grandfather was a foreman on Federal deficits is a technical term for road retirees; of course, we would have the railroad. My great-grandparents, the budgetary category of the pur- a railroad industry that would be much when they went on their honeymoon, chases. The primary means of financ- stronger and firmer. went on a pushcart for 100 miles on the ing Federal deficits historically has I know in Nevada we have watched railroad. been Federal borrowing. the railroads come through our State. I do strongly favor this bill. I have to Those who would like to continue the We had a merger of Union Pacific com- answer to my responsibility as chair- current OMB scoring rules would argue ing through the northern part of the man of the Budget Committee and as a that almost all the Federal budget is State on very shaky ground. But they Member of this body to be accurate on a cash basis. From that perspective, were able to pull themselves out. We with our colleagues as to the scoring of the purchase of private sector securi- have done a number of remarkable this legislation. ties requires cash and should be treated things with the railroad to help them Directed scoring, if we are to be the same as any purchase of goods and move more traffic because of the merg- blunt about it, is to say something services. er. One example is that they have come doesn’t cost when we know that it I do not have an opinion as to which forward and we are building a de- does. I have an obligation to my col- is the best approach, which is superior. pressed railroad sector through Reno leagues to report accurately to them I think they both work. However, from to make it a much better, quieter pro- this legislation. I have been a staunch a pragmatic point of view—and that is gram than we have had with railroads supporter of this bill the entire time it

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.020 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12343 has been before the Senate. It rep- simply take a trillion dollars of the So- ator from North Dakota and the Sen- resents an extraordinary effort by the cial Security trust fund and move it ator from New Mexico have indicated rail companies and their employees over into private accounts and say about their relatives, my grandfather and labor to work together to improve there has been no expenditure. That is was also on the railroad. My grand- the lives of thousands and thousands of the implication of this vote and why it mother lived many years on a sur- rail workers and their families. matters. If we say on this bill you can vivor’s pension from his service. When- I agree this legislation provides an take something that cost $16 billion ever the chairman of the Budget Com- important opportunity to modernize and, by legislative language, direct the mittee and the ranking member on the the rail pension program. I have re- scorekeeping and say it doesn’t cost $16 Budget Committee stand to endorse an ceived countless e-mails, phone calls, billion, it costs $250 million, then oth- amendment, it gives me pause. I want faxes, and letters from North Dakota ers may try to take a $1 trillion trans- to make sure in the next several min- rail workers and their spouses who fer of Social Security money and say it utes—maybe hours—that we consider have told me how important this legis- is cost free. this legislation I understand the full lation is to them and their families. If we start down that path, we will ramifications of the amendment or the Some of my dearest friends and rue the day, if we go down the path of failure to adopt the amendment. strongest supporters are in favor of creating fiscal fictions in this Chamber Let me ask the chairman of the this legislation. I am in favor of the in order to accomplish even the best of Budget Committee this. When I first legislation. But I have a special respon- intentions. learned of the directed scorekeeping in sibility as chairman of the Budget This is a good bill. It is worthy of the House of Representatives, which, as Committee to give an accurate assess- support. But the price cannot be, he said, is an extraordinary act, I tried ment to our colleagues of the cost of should not be, must not be that we say to understand why they may have done legislation that moves through this to the American people that a bill that that. Was it chicanery or was there Chamber. That is an obligation I take costs $16 billion only costs $250 million. real logic behind it? seriously. That cannot be the way we do business As I studied the issue more, my un- The directed scorekeeping provision in the Senate. derstanding is if we were not on a cash creates the impression that the cost of If that is the direction we take, I re- basis of accounting, but an accrual this legislation in fiscal year 2002 has peat to my colleagues the implication basis, this probably would not be an dropped from $16 billion to $250 million. because I believe the next step will be issue. Most States used to be on a cash In reality, with or without directed in the Social Security reform debate, basis of accounting. The majority of scorekeeping, the impact on the budget that others will try to say: A trillion States now use the accrual basis, and in 2002 is precisely the same. It is not dollars taken out of the Social Secu- most States direct the retirement $250 million; it is $16 billion. rity trust fund and moved into private funds into U.S. Treasury obligations. That is the reality. That is the fact. accounts doesn’t cost anything. It is Today, it is a whole array of invest- With this amendment, the Senator cost free. ments, including equities, or stocks, from New Mexico has provided us with That would not be true. That would bonds, and the kinds of things envi- a second chance to review the directed be totally misleading. The money that sioned here under this legislation. scorekeeping provision of this bill. He is in the Social Security trust fund There are, as we know, tier 1 benefits is right to do so. That is why I have that has been credited to the Social Se- under the railroad and tier 2. joined him in this effort. curity trust fund, to be more accurate, This is my question: The tier 1 bene- Traditionally, those of us with spe- has been credited to that fund to meet fits mirror Social Security benefits. cial responsibility for the budget have current promises, promises already Tier 2 are more private sector benefits. vigorously opposed directed made. We can’t take that money and The moneys that go into those tier 2 scorekeeping because it fundamentally make a new set of promises and use the funds for payout come from the rail- undercuts the entire system of budget money that was raised to keep the pre- road companies themselves—from the controls and budget discipline that is vious promises. It won’t work. We can’t tax assessed on them—and also a pay- so important to the United States use the same money twice. ment by the railroad employees them- being fiscally prudent and wise. We You can’t use the same money twice. selves. My understanding is that those cannot do our job of being stewards of That is what will lead us into the monies that go into that retirement the finances of this country if we don’t swamp of deficits and debt and disas- fund, paid into by the railroad compa- report accurately and honestly to our trous economic decline. Make no mis- nies and by the employees through the colleagues the cost of legislation. take, what is at stake here is a big payroll deduction—those monies in the That is the most fundamental re- deal. This matters. This is not a free future will be invested not in U.S. sponsibility of any Budget Committee vote. I remain committed to this legis- Treasury obligations, but in a wide va- chairman and ranking member. Sen- lation, but I also remain committed to riety of investment options. But be- ator DOMENICI and I are meeting our re- being straight with our colleagues and cause of the peculiarity of our account- sponsibility by saying to our col- our countrymen as to the cost of the ing rules, because those monies will leagues the simple fact is, this bill is legislation that is before us. now be not spent for roads or any other going to cost $16 billion in fiscal year Our friends in the House included purpose, and not for space exploration, 2002 no matter what the directed this directed scorekeeping back in they will still be invested in the same scorekeeping provision says. You can July. It was a mistake then; it would pension benefits, but because of our ac- make it up, but it is not true. The fact be a mistake for us to repeat it here. counting rules, those monies—simply is, the impact on the federal budget Those who say, well, this kills the bill by saying you can now invest those will be $16 billion. —I don’t accept that. This legislation pension monies, the trust fund monies, That is a cost for which I am willing has to go back for further action in the in non-Treasury obligations triggers a to vote and support, but I am not will- House in any event because of the way $15 billion outlay. Is that what this is ing to say it is something it is not. it has come before us. It has to go back all about? I know that is a long ques- That is not, in my view, the appro- to the House for action in any event. tion, but let me lay that question at priate role for any Budget Committee Let’s pass this legislation, but let’s the feet of our Budget Committee chairman. do it right and let’s do it by being chairman. It is not just a matter of $16 billion straight with our colleagues and our Mr. CONRAD. I am happy to respond. in fiscal year 2002; it has much greater countrymen as to its cost. First of all, we use a cash method of significance than that. If we establish Mr. CARPER. Will the Senator from accounting for the Federal budget. We the precedent that through directed North Dakota yield? do not use an accrual system. You scorekeeping we can say a $16 billion Mr. CONRAD. I am happy to yield. can’t mix the two or you start mis- expense is really a $250 million ex- Mr. CARPER. I, too, am a strong ad- leading people. That is No. 1. pense, what is next? I predict what is vocate of this legislation. I have spo- No. 2, the Senator’s question sounds next is: When we get to the reform of ken for it in the Chamber and in our as though it is prospective in nature; Social Security, some will say we can caucus meetings as well. As the Sen- as though simply going forward, Tier II

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.022 pfrm01 PsN: S04PT1 S12344 CONGRESSIONAL RECORD — SENATE December 4, 2001 revenues would not be invested in Mr. REID. Madam President, I ask much? Three things. First, in our coun- Treasurys. That is not the case in this unanimous consent that following the try, we have the freedom and the right bill. In this bill, CBO estimates that statement of Senator INHOFE, Senator to choose the kind of worship we want. approximately $16 billion currently in- STABENOW be recognized for up to 15 I am a born-again Christian. I have ac- vested in Treasurys by the Federal minutes, and the time be charged cepted Jesus Christ as my virtual Lord Government would be sold and instead against the 30 hours. and Savior. I believe it is through Him invested through an investment trust The PRESIDING OFFICER. Without that we will reach the Father. I believe in private-sector assets. Again, the objection, it is so ordered. every American has a right to choose amount is $16 billion and they would be Under the previous order, the Sen- whether or not to believe that. free to invest it in other ways. I sup- ator from Oklahoma is recognized for Some people have the notion that if port that. 40 minutes. you are a Christian who believes in the But we have to be straight with peo- f Bible, you are totally intolerant; you ple. It costs $16 billion to the Federal AN ABSOLUTE VICTORY do not allow other people to have a Government in the fiscal year 2002 choice. Nothing could be further from under the accounting rules that apply Mr. INHOFE. I thank the Chair. the truth. to every program of the Federal Gov- First, I say to the leadership how much In nations of this world where Chris- ernment. It doesn’t cost $250 million; it I appreciate the fact you are allowing tianity is the dominant way of wor- costs $16 billion. The money moves out me to bust in on a different subject. I ship, we also find Jewish synagogues, of Government Treasuries and moves think it is very significant at this time Islamic mosques; we find freedom of into a railroad investment trust, with because something happened yesterday worship. But we will not find the same the ability under a board, to invest that I think makes it worthwhile to kinds of freedom in the militant Is- those moneys in higher rate of return talk about this and maybe to do so at lamic nations of this world. They do assets. I support that basic notion. some length. not allow Christian churches and Jew- But the hard fact is that it costs the Willie George was right. Lest some of ish synagogues to operate freely. They Federal Government $16 billion. It you do not know who Willie George is, do not allow people the freedom of means the fact is the Federal Govern- some people consider Willie George a choice. In Sudan, they sell Christians ment will have to borrow $16 billion preacher, but he is also a very able his- into slavery. more in fiscal year 2002 than it was torian. As I listened to him and added So one of the reasons America is otherwise going to borrow. some perspectives on what the attack hated so much is that we have allowed Mr. CARPER. If the Senator will con- on America was all about, I realized people through the years to choose tinue to yield, I have two glasses of the inside-Washington mentality is what they are going to do. It is choice. water here. We will say one is the rail- sometimes and often flawed and that The second reason we are hated is road pension fund as it currently ex- mentality that comes from Oklahoma that we have opened the door for peo- ists, and it is full of U.S. Treasury obli- reflects more of real America. ple to achieve their God-given place on gations. There is another glass here The Apostle Paul gave us our march- this Earth. We have not restrained peo- and we will pretend it is empty for our ing orders in Ephesians 6, verses 10, 11, ple. We have allowed people freedom of purposes. What I think we are talking and 12. He said: expression, the freedom to pursue about doing is taking some of the mon- Finally, my brethren, be strong in the dreams, the freedom to pursue goals. eys invested in these Treasury obliga- Lord, and in the power of his might. Put on This is not true around the world. the whole armor of God, that you may be tions in this one pension fund and, pre- Freedom did not come cheap. One of sumably, the railroad retirement fund able to stand against the wiles of the devil. For we wrestling is not against flesh and my memories that I consider an advan- would have to sell those obligations tage for me and that I hold over many and then use the money from the sale blood, but against the principalities, against the powers, against the rulers of this dark- others is when I first started my edu- of those obligations to put in their new ness— cation in first grade, it was in a coun- pension fund. When they sell those, About which we are talking— try schoolhouse. Not many people here they are going to sell them to some- know what they are. They are eight body—individuals, funds, banks, cor- against the spiritual hosts of wickedness in high places. grades in one room out in the country. porations. It is difficult for me to un- It was called Hazel Dell. In fact, I re- derstand how that transaction I have Make no mistake about it. This war member three brothers who rode on a just described should cost the Treasury is first and foremost a spiritual war. It workhorse to school every morning. $16 billion. A lot of us are struggling on is not a political war. It has never been We had a different sense of history at this one. a political war. It is not about politics. Mr. CONRAD. Let me say it as sim- It is a spiritual war. It has its roots in that time. I remember so well reading ply as I can state it. The reason it spiritual conflict. It is a war to be and learning history as a very young costs the U.S. Treasury $16 billion is fought to destroy the very fabric of our child in that environment. Keep in because the money moves out of U.S. society and the very things for which mind, that was the environment at the Government Treasurys and moves over we stand. beginning of World War II when we had to the control of a board that is run by Many of the wars in history have a sense of patriotism that is com- private sector representatives to be in- been fought because of human desire or parable to today. vested in non-governmental assets. greed, to have that of a neighboring I remember my teacher said the Pil- That is about as easy as I can make it. country—to have mineral deposits, to grims did not come to this country for The fact is that the Federal Govern- have what some other country has. But adventure; they did not come for ex- ment is going to have to borrow, as a this war is of a different nature. citement; they were not adventurous result of that transaction, not $250 mil- It is not just simple greed that moti- people. They came to this country to lion more, but $16 billion more in 2002. vated these people to kill. This war has escape tyranny, to pursue freedoms— For us to have our colleagues say ‘‘but been launched against the United freedom of religion and economic free- it really doesn’t mean that’’ is not ac- States of America. It is a spiritual at- dom. Half of them died the first year. curate and it is not factual. To say to tack. It is an attack that was created They knew it was going to happen. It our colleagues, by direct scorekeeping, in the mind and heart of Satan. It is a was worth it to get these freedoms. by legislative fiat, that it won’t cost demonically inspired attack. It is not They had freedom of religion and eco- $16 billion, that it won’t mean the Fed- just the selfish ambitions of an ego- nomic freedom. Each was given a piece eral Government has to borrow $16 bil- tistical leader. It is not just someone of property to do with as they wanted, lion more in 2002, that it is only going wanting to hold on to power. This is and he could work his land and reap to cost $250 million more, is just not nothing more than a satanically in- the benefits of this property. And he the truth. I don’t know how more di- spired attack against America created prospered mightily, so mightily that in rect I can be. by demonic powers through the per- one of his letters back to England, Mr. CARPER. I thank the Senator. verted minds of terrorists. Smith said: Now one farmer can grow The PRESIDING OFFICER. The Sen- One may ask: What is it about our 10 times as much corn as the previous ator from Nevada. Nation that makes them hate us so farmers could.

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.025 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12345 They were prospering so mightily. I no peace . . . Why stand we here idle? What fighting for their freedom. I remember normally tell young people when you is it that gentlemen wish? What would they going down there, watching them fight have a good thing going, quite often have? Is life so dear, or peace so sweet, as to against impossible odds. There is no someone is going to try to take it away be purchased at the price of chains and slav- way they could win, by normal con- ery? Forbid it, Almighty God . . . but as for from you. That is exactly what hap- me, give me liberty or give me death. cept. They were fighting. pened. The British came across the sea. There was a hospital tent in Nica- They wanted in on this prosperity, and He got both. ragua. It was half the size of this Sen- they started imposing laws, rules, and These freedoms are not found in ate Chamber. I remember so well, this regulations so that the trapper on the every nation. America is a great nation is where the freedom fighters from frontier could not make a hat of the because we have magnified the rights Nicaragua would come in and get taken pelt he caught. He had to sell it to of individuals, protected the rights of care of medically. There was an oper- British merchants at British prices to individuals in our culture. We are care- ating table in the middle of this giant be shipped to Great Britain on English ful to allow people to have expression tent. All they did was amputations. ships to be made into a hat by English in our society, and we are hated for it. The problem was, of course, the mines. laborers to be shipped back and sold to The third reason we are hated is be- They had the beds of all the patients the trapper, who caught it in the first cause we are a nation of laws. We are a around the perimeter of this hospital place, at English prices. Guess what people ruled by laws. Lest one thinks tent. happened. God bless him, the trapper that is common, do a careful study of I went around and talked to the indi- kept right on making his own hats. the history of the world. Most of the viduals. The average age of the fighter That was treason in those days. So world’s countries do not have a 200- in Nicaragua at that time was 19 years they sent this great army to this coun- year-old Constitution. They are ruled old. All the older ones were either try, the greatest army in the world at by dictators. They are ruled by the maimed or killed. I used to be a pilot that time, to stop these things from oc- whims of those leaders or by political in Mexico and I communicate well. curring. They started marching up to- parties as they change. The rule of law I asked each one: Why is it you are doing this against impossible odds? ward Lexington and Concord. is what makes civilization possible. I remember so well sitting in that lit- The rule of law is what makes an or- Why are you doing this? Why are you tle one-room schoolhouse and having derly society work. If there is no rule fighting? I got to the last bed. Her name was this vision of what it was really like. of law, the strongest, toughest bully is Maria Gonzalez. I asked her that ques- Farmers and trappers and frontiersmen the one who runs the country. tion. She was 18 years old, weighed 90 were up there. They were not well edu- America is a country of law and pounds, and this was her third trip cated, but they were ready to stop this order because of the philosophies of the back to the hospital tent. They ampu- resistance, the greatest army on the people who founded this Nation. They believed in the rule of law because of tated her leg that morning. Blood was face of this Earth. Most of them could coming through the bandages. That lit- not read or write. As the saying goes, what they knew from the Bible. Our Constitution and the constitutions of tle girl said: We are fighting because they did not know their right foot from they have taken everything we have, their left foot, so they would put a tuft most of the governments in the world are similar and are indeed based upon our farms, our houses, all that we have. of hay in one boot and a tuft of straw Surely you in the United States don’t in the other boot and marched to the the Ten Commandments. Our fathers knew that the Ten Commandments and have to ask that question because you cadence of ‘‘hay foot, straw foot.’’ had to fight for your freedoms against While they were not greatly edu- the laws of God were a basis for all the same odds that we are doing today. cated, they knew freedom, and they laws. They understood the concepts of And with God’s help, we will win, as were going to keep that freedom. As absolute right and absolute wrong. There were not many who believed in you, with God’s help, won. they stood there knowing they were That little girl didn’t know whether signing their death warrants, those sol- what we today call situational ethics where things change according to our our Revolution was fought 25 years ago diers, listening to the thundering ca- or 150 years ago. But she was brilliant dence of the largest army in the world needs. They believed in absolute right and absolute wrong. America was in her knowledge of freedom. We were going towards Lexington and Concord, the beacon of hope. We were the beacon waited until they saw the whites of founded on those principles. That is a reason we are hated so much as a na- of freedom. their eyes and fired the shot heard Do you know the outcome? We are tion. We are hated because of the fact round the world, not knowing at that hated because we are the beacon of we are a beacon of light, a beacon of very moment a tall redhead stood in freedom for the rest of the world. We freedom all the way around the world. the House of Burgess and made a are hated because in America we have We know contemporarily what this speech for them, made a speech for us freedom of choice and freedom of wor- means. today: ship, we have freedom of expression, One of the greatest speeches of all They tell us, sir, that we are weak; unable and we are a nation of laws. to cope with so formidable an adversary. But times was ‘‘A Rendezvous with Des- Now, why was America attacked on when shall we be stronger? Will it be the tiny’’ made by Ronald Reagan before September 11? Why did they single us next week, or the next year? Will it be when he was into politics. He talked about out? America was attacked because of we are totally disarmed, and when a British the atrocities committed in Castro’s our system of values. It is a spiritual guard shall be stationed in every house? Communist Cuba and about the little Shall we gather strength by irresolution and war. It is not just because we are boat that escaped and washed up on the Israel’s best friend. We are Israel’s best inaction? Shall we acquire the means of ef- southern shores of Florida. When the fectual resistance by lying supinely on our friend in the world because of the char- backs and hugging the delusive phantom of boat came up, a man who escaped acter we have as a nation. We came hope, until our enemies shall have bound us talked about what was happening in under attack and we are Israel’s best hand and foot? Sir, we are not weak if we Communist Cuba. When he was friend. make proper use of those means which the through talking about the atrocities, a One of the reasons God has blessed God of nature hath placed in our power. The woman said: I guess we in this country our country is because we have hon- millions of people, armed in the holy cause don’t know how lucky we are. ored his people. Genesis 12:3 says: I will of liberty, and in such a country as that He said: No, no. It is how lucky we bless them who bless you. I will curse which we possess, are invincible by any force are because we had a place to escape which our enemy can send against us. him who curses you. This is God talk- to. This is critical. ing about Israel. What he was saying was, we were Madam President, on the table where Besides, sir, we shall not fight our battles that beacon of freedom. Many, includ- you sit is a Bible. You can look it up. alone. There is a just God who presides over ing the Senator sitting to my right, the destinies of nations, and who will raise He said: I will bless them who bless up friends to fight our battles with us. The will remember 15 years ago when the you. I will curse him who curses you. battle, sir, is not to the strong alone; it is to Communists, then the Soviet Union, God is talking about Israel. the vigilant, the active, the brave . . . Gen- were trying to get a foothold in Nica- One of the reasons America has been tlemen may cry, Peace, Peace—but there is ragua and the freedom fighters were blessed abundantly over the years is

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.027 pfrm01 PsN: S04PT1 S12346 CONGRESSIONAL RECORD — SENATE December 4, 2001 because we as a society have opened America? We are under attack because One of the generals who was leading our doors to Jewish people. Jewish peo- of our character and because we have the British armies was a man named ple have been blessed in the United supported the tiny little nation in the Allenby. Allenby was a Bible-believing States of America. When the tiny State Middle East. That is why we are under Christian. He carried a Bible with him of Israel was founded in 1948, we stood attack. If we don’t stand for this tiny everywhere he went and he knew the in the beginning with Israel. We were country today, when do we start stand- significance of Jerusalem. the first country to stand up for Israel. ing for tiny little countries in the The night before the attack against Because we took a stand, other nations world that are right? Jerusalem to drive out the Turks, Al- in the world followed after very quick- Yasser Arafat and others do not rec- lenby prayed that God would allow him ly. The United States made it possible ognize Israel’s right to the land. They to capture the city without doing dam- for there to be an Israel. We stood with don’t recognize Israel’s right to exist. age to the holy places. Israel again and again and again in its I will discuss seven things I consider That day, Allenby sent World War I fight to survive. to be indisputable and incontrovertible biplanes over the city of Jerusalem to Make no mistake. It is not just be- evidence and grounds to Israel’s right do a reconnaissance mission. You have cause of our support of Israel. It is to the land. You have heard this before, to understand that the Turks had at what we believe as a nation that but it has never been in the RECORD. that time never seen an airplane. So caused us to come under attack. Most know this. We are going to be hit there they were, flying around. They Recently in the city of Durban, by skeptics who are going to say we are looked in the sky and saw these fas- South Africa, there was a conference being attacked all because of our sup- cinating inventions and did not know called the World Conference on Rac- port for Israel, and if we get out of the what they were and they were terrified ism. African Christians are being Middle East all of the problems will go by them. Then they were told that they slaughtered by the thousands today by away. That is not so. It is not true. If were being opposed by a man named Islamic fundamentalists in Sudan. You we withdraw, it will come to our door Allenby the next day, which in their didn’t hear a lot about that in the re- and will not go away. I have some ob- language means ‘‘man sent from God’’ ports of this conference; you didn’t servations to make about that in just a or ‘‘prophet from God.’’ They dared not hear about racism in South Africa. I minute, but first the seven reasons fight against a prophet from God, so have a mission in west Africa and have that Israel has the right to the land. the next morning when Allenby went become pretty familiar with some of Israel has a right to the land because to take Jerusalem, he went in and cap- the atrocities and the ethnic cleansing of all the archeological evidence. This tured it without firing a single shot. The British Government was grateful going on in the world today. is reason No. 1. It all supports it. Every I can remember standing at this po- time there is a dig in Israel, it does to Jewish people around the world and dium when we were under a different nothing but support the fact that particularly to one Jewish chemist who President. He was trying to get us to Israelis have had a presence there for helped them with the manufacture of send troops into Kosovo, and used in 3,000 years. They have been there for a niter. Niter is an ingredient which goes his arguments in Kosovo all the ethnic long time. The coins, the cities, the into nitroglycerin, necessary to the war effort. They were getting dan- cleansing and the difficulty going on. I pottery, the culture—there are other gerously low of niter in England at said at that time, for every one person people, groups that are there, but there is no mistaking the fact that Israelis that time, so the chemist, who was who is killed, who is ethnically have been present in that land for 3,000 called Weitzman, discovered a way to cleansed in Kosovo, on any given day years. make it from materials that existed in there are over 100 who are killed and It predates any claims that other England. ethnically cleansed in west Africa peoples in the regions may have. The It was coming from the new world alone. Do we hear about that? No, we ancient Philistines are extinct. Many over there, the niter was. But the Ger- didn’t hear about that at the Con- other ancient peoples are extinct. They man U-boats were shooting them down ference on Racism. What you heard was do not have the unbroken line to this so it was all at the bottom of the At- how the nations of the world came to- date that the Israelis have. lantic Ocean. When Weitzman discov- gether and decided all the attention Even the Egyptians of today are not ered a way to make it from materials should be focused on the tensions in racial Egyptians of 2,000, 3,000 years that existed in England, it saved the the Middle East. They were appeasing ago. They are primarily an Arab peo- British war effort. Out of gratitude to the terrorists. ple. The land is called Egypt but they this Jew and out of gratitude to Jewish Israel is under attack in the Middle are not the same racial and ethnic bankers and financiers and others who East because it is the only true democ- stock as the old Egyptians of the an- lent financial support, England said we racy that exists in the Middle East. cient world. The Israelis are in fact de- are going to set aside a homeland in There are more than 20 Arab nations in scended from the original Israelites. the Middle East for the Jewish people. north Africa and in the Middle East. The first proof, then, is the archeology. And that is history. Virtually every Arab nation is run by The second proof of Israel’s right to The homeland that Britain said it either a king or a dictator. Israel is the the land is the historic right. History would set aside consisted of all of what only true democracy that exists in the supports it totally and completely. We is now Israel and all of what was then Middle East. know there has been an Israel up until the nation of Jordan, the whole thing. Madam President, did you know if the time of the Roman Empire. The That was what Britain promised to you are an Arab and have an Israeli Romans conquered the land. Israel had give the Jews in 1917. citizenship, you can vote in the coun- no homeland, although Jews were al- In the beginning, there was some try of Israel? Did you know the Arabs lowed to live there. They were driven Arab support for this. There was not a have parties in the Knesset, the Con- from the land in two dispersions: One huge Arab population in the land at gress of Israel? Israel is the only true was in 70 A.D. and the other was in 135 that time and there is a reason for democracy that exists in the Middle A.D. But there was always a Jewish that. The land was not able to sustain East. It has a Western form of govern- presence in the land. a large population of people. It just ment based on the laws we see in the The Turks, who took over about 700 didn’t have the development it needed Bible. The laws of God that our coun- years ago and ruled the land up until to handle all those people, and the land try is based on are the same laws from about World War I, had control. Then wasn’t really wanted by anybody. which Israel gets its law. It represents the land was conquered by the British. I want you to listen to Mark Twain. the laws of God. That is the reason it is The Turks entered World War I on the Have you ever read ‘‘Huckleberry under attack. side of Germany. The British knew Finn’’ or ‘‘Tom Sawyer’’? Mark We ought to be Israel’s best friend. If they had to do something to punish Twain—Samuel Clemens—took a tour we cannot stand for Israel today, can Turkey and also to break up that em- of Palestine in 1867. This is how he de- we ever again be counted on as a bea- pire that was going to be a part of the scribed it. We are talking about Israel. con of hope, a beacon of freedom for op- whole effort of Germany in World War He said: pressed nations? You may ask what I, so the British sent troops against the A desolate country whose soil is rich does this have to do with the attack on Turks in the Holy Land. enough but is given over wholly to weeds. A

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.030 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12347 silent, mournful expanse. We never saw a in Europe in World War II. The perse- There were 39 Scud missiles that human being on the whole route. There was cution against the Jews has been very landed on Israeli soil during the gulf hardly a tree or a shrub anywhere. Even the strong in Russia since the advent of war. Our President asked Israel not to olive and the cactus, those fast friends of a communism. It was against them even respond. In order to have the Arab na- worthless soil, had almost deserted the coun- try. before then under the Czars. tions on board, we asked Israel not These people have a right to their even to participate in the war. They Where was this great Palestinian na- homeland. If we are not going to allow showed tremendous restraint and did tion? It didn’t exist. It wasn’t there. them a homeland in the Middle East, not. And now we’ve asked them to The Palestinians weren’t there. Pal- then where? What other nation on stand back and not do anything over estine was a region named by the Ro- Earth is going to cede territory? To these last several attacks. mans, but at the time it was under the give up land? We have criticized them. We have control of Turkey and there was no They are not asking for a great deal. criticized them in our media. Local large mass of people there because the You know the whole nation of Israel people in television and radio offer land would not support them. would fit into my State of Oklahoma This is the report of the Palestinian criticisms of Israel not knowing the seven times. So on humanitarian true issues. We need to be informed. Royal Commission, created by the grounds alone, Israel ought to have the British. It quotes an account of the I was so thrilled when I heard a re- land. porter pose a question to our Secretary conditions on the coastal plain, along The fifth reason Israel ought to have the Mediterranean Sea in 1913. This is of State, Colin Powell. He said, ‘‘Mr. the land is because she is a strategic Powell, the United States has advo- the Palestinian Royal Commission. ally to the United States. Whether we cated a policy of restraint in the Mid- They said: realize it or not, Israel is a detriment, dle East. We have discouraged Israel The road leading from Gaza to the north an impediment to certain groups hos- from retaliation again and again, and was only a summer track, suitable for trans- tile to democracies and hostile to those again because we’ve said it leads to port by camels or carts. No orange groves, things that we believe in, hostile to the continued escalation—that it escalates orchards or vineyards were to be seen until very things that make us the greatest the violence.’’ He said, ‘‘Are we going one reached the Yavnev village. Houses were nation in the history of the world. mud. Schools did not exist. The western part to follow that preaching ourselves?’’ They have kept them from taking com- toward the sea was almost a desert. The vil- Mr. Powell indicated that we would plete control of the Middle East. If it lages in this area were few and thinly popu- strike back. In other words, we can tell were not for Israel, they would overrun lated. Many villages were deserted by their Israel not to do it, but when it hits us inhabitants. the region. They are our strategic ally. we are going to do something. That is The French author Voltaire described Madam President, it is good to know that we have a friend in the Middle one of the reasons I believe the door Palestine as: was opened. Because we have held back A hopeless, dreary place. East that we can count on. They vote with us in the United Nations more our tiny little friend. We have not al- In short, under the Turks the land than England. They vote with us more lowed them to go to the heart of the suffered from neglect and low popu- than Canada, more than France, more problem. The heart of the problem— lation, and that is a historical fact. than Germany, more than any other that is where we are going now. The nation became populated with country in the world. But all that changed yesterday when both Jews and Arabs because the land The sixth reason is that Israel is a the Israelis went into the Gaza with came to prosper when Jews came back roadblock to terrorism. The war we are gunships and into the West Bank with and began to reclaim it. Historically, now facing is not against a sovereign F–16s. With the exception of last May, they began to reclaim it. If there had nation. It is a group of terrorists who the Israelis had not used F–16s since never been any archeological evidence are very fluid, moving from one coun- the 1967 7-Day War. And I am so proud at all to support the rights of the try to another. They are almost invis- of them because we have to stop ter- Israelis to the territory, it is also im- ible. That is who we are fighting rorism. It is not going to go away. If portant to recognize that other nations against. We need every ally we can get. Israel were driven into the sea tomor- in the area have no longstanding claim If we do not stop terrorism in the Mid- row, if every Jew in the Middle East to the country either. dle East, it will be on our shores. We were killed, terrorism would not end. Madam President, did you know that have said this and said this and said You know that in your heart. Ter- Saudi Arabia was not created until this. rorism would continue. 1913? Lebanon until 1920? Iraq didn’t One of the reasons I believe the spir- It is not just a matter of Israel in the exist as a nation until 1932; Syria until itual door was opened for an attack Middle East. It is the heart of the very 1941; the borders of Jordan were estab- against the United States of America is people who are perpetrating this stuff. lished in 1946, and Kuwait in 1961. because the policy of our Government Should they be successful in over- Any of these nations who would say has been to ask Israelis and demand running Israel—they won’t be—but that Israel is only a recent arrival with pressure that they not retaliate in should they be, it would not be enough. would have to deny their own rights as a significant way against the terrorist They will never be satisfied. recent arrivals as well. They did not strikes that have been launched No. 7, I believe very strongly that we exist as countries. They were all under against them, the most recent one just ought to support Israel; that it has a the control of the Turks. So, histori- 2 days ago. right to the land. This is the most im- cally, Israel gained its independence in Since its independence in 1948, Israel portant reason: Because God said so. As 1948. has fought four wars: the war in 1948– I said a minute ago, look it up in the The third reason I believe the land 1949; the war in 1956, the Sinai cam- book of Genesis. belongs to Israel is because of the prac- paign; the Six-Day War in 1967; and in In Genesis 13:14–17, the Bible says: tical value of the Israelis being there. 1973 the Yom Kippur War, the holiest The Lord said to Abram, ‘‘Lift up now your Israel today is a modern marvel of ag- day of the year, with Egypt and Syria. eyes, and look from the place where you are riculture. Israel is able to bring more You have to understand that in all northward, and southward, and eastward and food out of a desert environment than four cases, Israel was attacked. Some westward: for all the land which you see, to any other country in the world. The people may argue that wasn’t true be- you will I give it, and to your seed forever. Arab nations ought to make Israel cause they went in first in the war of . . . Arise, walk through the land in the their friend and import technology 1956. But they knew at that time that length of it and in the breadth of it; for I will from Israel that would allow all the Egypt was building a huge military to give it to thee.’’ Middle East, not just Israel, to become become the aggressor. Israel, in fact, That is God talking. an exporter of food. Israel has was not the aggressor and has not been The Bible says that Abram removed unarguable success in its agriculture. the aggressor in any of the four wars. his tent, and came and dwelt in the The fourth reason I believe Israel has Also, they won all four wars against plain of Mamre, which is in Hebron, the right to the land is on the grounds impossible odds. They are great war- and built there an altar before the of humanitarian concern. You see, riors. They consider a level playing Lord. Hebron is in the West Bank. It is there were 6 million Jews slaughtered field being outnumbered two to one. at this place where God appeared to

VerDate 04-DEC-2001 03:04 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.033 pfrm01 PsN: S04PT1 S12348 CONGRESSIONAL RECORD — SENATE December 4, 2001 Abram and said, ‘‘I am giving you this with us . . . They want to destroy us.’’ promise legislation was Revenue land,’’—the West Bank. that is why even yet today the sta- Aligned Budget Authority—RABA— This is not a political battle at all. It tionery of the PLO still has upon it the which ensured that obligations from is a contest over whether or not the map of the entire state of Israel, not the Highway Trust Fund would equal word of God is true. The seven reasons just the tiny little part they call the revenues into the fund, called TEA–21. here, I am convinced, clearly establish West Bank that they want. They want TEA–21 determined a carefully nego- that Israel has a right to the land. it all. tiated breakdown between the share of Eight years ago on the lawn of the The unwavering loyalty we have re- RABA funds that would flow to the White House, Yitzhak Rabin shook ceived from our only consistent friend States through the apportionment for- hands with PLO Chairman, Yasser in the Middle East has got to be re- mulas and the share that would be Arafat. It was a historic occasion. It spected and appreciated by us. No competitively distributed through the was a tragic occasion. longer should foreign policy in the allocated programs. At that time, the official policy of Middle East be one of appeasement. As Unfortunately, the conference report the Government of Israel began to be, Hiram Mann said, ‘‘No man survives makes significant changes to the au- ‘‘Let us appease the terrorists. Let us when freedom fails. The best men rot thorization for RABA funding. As it begin to trade the land for peace.’’ This in filthy jails and those who cried ‘ap- has done in each of the past 2 years, process has continued unabated up pease, appease’ are hanged by those the conference report ignores the au- until last year. Here in our own Nation, they tried to please.’’ thorized distribution of funds for allo- at Camp David, in the summer of 2000, Islamic fundamentalist terrorism has cated programs under RABA. However, then Prime Minister of Israel, Ehud now come to America. We have to use this time, rather than giving the Barak, offered the most generous con- all of our friends, all of our assets, and money back to the States through the cessions to Yasser Arafat that had ever all of our resources to defeat the sa- formulas, this legislation earmarks it been laid on the table. tanic evil. for special projects. In addition, the He offered him more than 90 percent When Patrick Henry said, ‘‘We will conference report earmarks nearly $500 of all the West Bank territory; sov- not fight our battles alone. There is a million that was supposed to be distrib- ereign control of it. There were some just God who reigns over the destiny of uted to States through the apportion- parts he did not want to offer, but in nations who will raise up friends who ment formulas. As a result, some exchange for that he said he would give will fight our battles with us,’’ he was States will lose significant amounts of up land in Israel proper that the PLO talking about all our friends, including highway funding. In essence, I am very was not asking for. Israel. And that is what is happening, concerned that the appropriators are And he also did the unthinkable. He as of yesterday and I thank God for rewriting the apportionment formulas even spoke of dividing Jerusalem and that. Israel is now in the battle by our that were so carefully negotiated in allowing the Palestinians to have their side. TEA–21. capital there in the East. Yasser Arafat That is what is happening. As of yes- I do not mean to begrudge the appro- stormed out of the meeting. terday, Israel is now in the battle by priators their prerogative to earmark Why did he storm out of the meeting? our side, and I thank God for that. It is funding for specific projects. In fact, I Everything he has said he has wanted time for our policy of appeasement in am very pleased that some of the fund- all of these years was put into his the Middle East and appeasement to ing is set aside for Vermont. However, hand. Why did he storm out of the the terrorists to be over. With our at some point we do have to draw the meeting? partners, our victory must and will be line on earmarking when it threatens A couple of months later, there began absolute victory. the very fabric of a carefully nego- to be riots, terrorism. The riots began I yield the floor. tiated authorization. Unfortunately, when, now Prime Minister, Ariel Shar- The PRESIDING OFFICER. The Sen- this year we may have finally crossed on, went to the Temple Mount. And ator from Michigan. that line. this was used as the thing that lit the Ms. STABENOW. Madam President, I I look forward to working with the fire and that caused the explosion. was to speak next, but I ask unanimous appropriators next year and through- Did you know that Sharon did not go consent that the Senator from out the reauthorization process to unannounced and that he contacted the Vermont be given 3 minutes and then I make sure we do a better job of main- Islamic authorities before he went and have the opportunity to address the taining the integrity of TEA–21 while secured their permission and had per- Senate after that. providing the appropriators flexibility mission to be there? It was no surprise. The PRESIDING OFFICER. Without within the guidelines set forth in that The response was very carefully cal- objection, it is so ordered. law. TEA–21 is a delicately balanced culated. They knew the world would The Senator from Vermont. piece of legislation and we must be not pay attention to the details. f careful not to upset that balance. They would portray this in the Arab DEPARTMENT OF TRANSPOR- I yield back any time I have. world as an attack upon the holy The PRESIDING OFFICER (Mr. DUR- TATION AND RELATED AGEN- mosque. They would portray it as an BIN). The Senator from Michigan is rec- CIES APPROPRIATIONS ACT, attack upon that mosque and use it as ognized. 2002—CONFERENCE REPORT—Con- an excuse to riot. Over the last eight f years, during this time of the peace tinued process, where the Israeli public has Mr. JEFFORDS. Madam President, PARTISAN ATTACKS ON THE pressured its leaders to give up land for as chairman of the Environment and MAJORITY LEADER peace because they’re tired of fighting, Public Works Committee, which is the Ms. STABENOW. Mr. President, I there has been increased terror. lead authorizing committee for many rise today to express great concern In fact, it has been greater in the last of the programs authorized in the about recent events and comments eight years than any other time in Transportation Equity Act for the 21st that have been made in this Chamber Israel’s history. Showing restraint and Century, I would like to comment on and in the House of Representatives giving in has not produced any kind of the pending FY 2002 transportation ap- that I believe are not in keeping with peace. It is so much so, that today the propriations conference report. the sense of cooperation and biparti- leftist peace movement in Israel does Overall, this is an excellent bill and I sanship that we have seen since Sep- not exist because the people feel they intend to vote for it. However, there tember 11. were deceived. are a few provisions in the highway I remember, after the horrible at- They did offer a hand of peace, and it portion of this legislation that concern tacks that we all grieved about and was not taken. That is why the politics me. TEA–21 represented a carefully ne- have focused on, on that day of Sep- of Israel have changed drastically over gotiated compromise between many tember 11 we joined together on the the past 12 months. The Israelis have different points of view, numerous Capitol steps, and one of our colleagues come to see that, ‘‘No matter what we committees, and the entire House and spontaneously started singing ‘‘God do, these people do not want to deal Senate. One key provision of this com- Bless America,’’ and we all joined in.

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.015 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12349 And there was a sense of purpose and statements about our leader saying That is a reason why they sent me dedication and commitment as Ameri- there was nothing inside the leader’s here. And I am of a different party, a cans. We all said that while we may head on which to focus. There have different philosophy, on economic have had differences—that is what it is been implications, with all kinds of de- questions possibly, or other domestic all about in a democracy—we were rogatory statements that have been issues, than those on the other side of going to put aside the partisan bick- made about his leadership and calls for the aisle. ering and the personal assaults and do him to step aside because he may be They expect us to operate with civil- as our President asked, which was to putting forward a different vision or ity, with respect. I believe and in fact come together and focus on the needs set of values and priorities than some- have been telling people in Michigan of the country and to set a new tone. one on the other side—statement after that there is a new day, that since Sep- And then a few weeks later we saw statement, attacks about someone’s tember 11 we have come together. Yes, our own majority leader and his staff sincerity and their patriotism and we have differences in priorities. We under another kind of attack, that of their leadership that are just not help- are Americans. Under the Constitution, anthrax. It came to be an attack on ful and not necessary and, by the way, we have a right, an obligation, to give those of us in the Hart Building. And absolutely absurd. our point of view. There will be dif- we have now seen other letters. But we I found it offensive, when we were lis- ferences. have seen our majority leader and his tening to the debate on the energy bill The personal attacks, the vicious staff operating with incredible dedica- on Friday; over and over again it was partisan attacks that we have heard re- tion, with poise, with tremendous lead- laced with personal comments, com- cently are just the same old thing we ership. And the hard work of the staff ments that are unbecoming to this have seen for too long around here. is continuing. body or the body on the other side of People don’t want to see that hap- In fact, all of our staffs are con- the building from which I came as a pening. tinuing under very difficult cir- House Member. I will not question someone’s patriot- cumstances. My own staff operates out Mrs. BOXER. Will the Senator yield ism. I will not say because they differ of a room in the loading dock at Rus- for a question? with my thoughts that there is nothing sell. We see people who are in various Ms. STABENOW. I am happy to yield between their ears or that they are situations around this complex of the to my good friend from California. somehow a child who wants a recess Capitol, but they continue to serve. Mrs. BOXER. First, I want to say and that they are a third grader—what- We have done a lot of things. We im- how proud I am you took to the floor ever the comments were last week. mediately responded to the attacks to bring this to light. I think the Those kinds of things, frankly, demean with a commitment of resources for American people are ill-served, as you all of us. That is my concern. New York and for the Pentagon. Yes- do, when there are personal attacks on We have a lot of work to do in this terday I had the opportunity to visit any of our leaders. next couple of weeks. People expect us the Pentagon and see the incredible Do we have differences? Yes. Should to be focused on their needs and on the changes that have taken place since we express those differences? Abso- needs of the country, the safety of the September 11. They are rebuilding the lutely. Because, frankly, I have a lot of country, the economy. It is legitimate Pentagon with speed that is amazing. people who say: What really is the dif- for us to debate, and we have legiti- Everyone involved in that should be ference between Democrats and Repub- mate differences on how to move the commended for the work they are licans? So the fact that we do not agree economy forward. I have spoken before doing to rebuild this important part of on an economic stimulus package is to in this Chamber about whether it is our country and our national security be expected. The fact that the Demo- supply side economics or demand side and leadership. crats are fighting for people who lost economics, what is the best mix? That We have responded to that. We have their jobs, yes, that is to be expected. is legitimate. People expect us to do passed airport security bills. Yes, there The fact that we do not think it is that. We would not be fulfilling our were differences, but they were worked right to give big rebate checks to the own responsibilities as individual Sen- out to move us forward in terms of air- largest and most wealthy corporations ators not to come forward with our port and airline security. in America and call it a stimulus, the own ideas. But when it goes on and we We have passed economic legislation fact that we do not agree with it is to hear our leader being attacked for ab- to support the airlines and passed a be expected. The fact that the other rogating his responsibility or that sweeping antiterrorism bill that has in- side would support that is to be ex- every day someone is in pain should be cluded the ability to track the money pected. So debating that is fine. laid at the foot of TOM DASCHLE, that is through money laundering provisions— But my colleague has pointed out the uncalled for. I was pleased to be a part of it in the viciousness of the attack against the I was particularly concerned that Banking Committee—as well as up- leader of this Senate, TOM DASCHLE, there are actually ads being run now grading the tools available to law en- who happens to be one of the kindest, attacking our leader in the Senate be- forcement officials and create the most compassionate people in politics cause of a meeting he had in Mexico kinds of opportunities to reach out and today, is something that cannot go by with the President of Mexico. Our prevent terrorism as well as to respond without a statement. President has met with Vicente Fox. to it. So I say to my friend, by way of a President Fox has been here. We have We have continued to move the ap- question, isn’t it true that the people welcomed him to the Capitol. They are propriations bills through this process. of this country expect us to have dif- our neighbors to the south. We have We are coming to the conclusion of ferences, expect us, on domestic policy, important work to do with them. Cer- that in the next couple of weeks. But to bring those differences to light, tainly part of what happens economi- we are still debating economic recov- where we are so united on the ter- cally relates to trade and the relation- ery, how best to do that. What should rorism front—and we support our ship of our two countries. Yet we have be our priorities? Should we, in fact, President and our Secretary of State; those who have actually paid for par- invest in additional homeland security, and we are moving together in this tisan ads back in our leader’s home beefing up our public health infrastruc- fight; there are no differences really, State to imply that while a weekend in ture, as I hope we will do? not even around the edges on that. But Mexico might be a nice break from the But we are now seeing a constant isn’t it a fact that it is fine for us to attacks at hand, in fact, this trip was drone of attacks and comments being have these differences, but that these the wrong thing to do. made about our Senate majority lead- differences should be debated with re- I hope we can decide we are going to er, and I just have to rise today to ex- spect, with fairness, and with dignity? dedicate the time between now and the press deep disappointment and concern Ms. STABENOW. I couldn’t agree end of this session to the serious, vital about that. We have seen personal com- more with my friend from California. I business at hand and the priorities ments being made. know the families I represent in Michi- about which we can disagree. We can Last week the chair of the House gan are saying to me: We know there disagree about whether or not to drill Ways and Means Committee made are differences in approaches. in Alaska’s national wildlife refuge. We

VerDate 04-DEC-2001 03:04 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.037 pfrm01 PsN: S04PT1 S12350 CONGRESSIONAL RECORD — SENATE December 4, 2001 can disagree about appropriations pri- DEPARTMENT OF TRANSPOR- ing before the Senate? What are the orities. TATION AND RELATED AGEN- agreements regarding it? As someone who has tremendous re- CIES APPROPRIATIONS ACT, The PRESIDING OFFICER. The spect for the leader of this body, I will 2002—Continued pending bill is H.R. 10, to which pend- continue to object when there are per- The PRESIDING OFFICER. Under ing is the Daschle substitute amend- sonal comments made either about our the previous order, the question is on ment, and an amendment to that is the leader or about the Republican leader agreeing to the conference report to ac- amendment by the Senator from New or about others on the Senate floor. We company H.R. 2299. Mexico with time for debate evenly di- have been through too much together The yeas and nays have been ordered vided. since September 11 to turn back to the and the clerk will call the roll. Mr. DOMENICI. Has a vote been or- personal kinds of derogatory state- The assistant legislative clerk called dered? ments that were a part of the past. We the roll. The PRESIDING OFFICER. The yeas can do better than that. The American Mr. NICKLES. I announce that the and nays have not been ordered. people deserve better. The American Senator from Texas (Mrs. HUTCHISON) Mr. DOMENICI. I ask for the yeas people expect us to do better than that. is necessarily absent. and nays on final passage. The PRESIDING OFFICER. Is there a I call on the President of the United The PRESIDING OFFICER. Are there any other Senators in the Chamber de- sufficient second? States and the Republican leadership There is a sufficient second. to join us in a vigorous, sincere debate siring to vote? The result was announced—yeas 97, The yeas and nays were ordered. on the priorities for the country, the Mr. DOMENICI. Mr. President, I best way to achieve economic recovery nays 2, as follows: yield myself the 21⁄2 minutes that I and security, and to do that with the [Rollcall Vote No. 346 Leg.] YEAS—97 have. highest and best that is in us. We have First, I thank the chairman of the Akaka a great body and people of wonderful Durbin McConnell Budget Committee for cosponsoring good will on both sides of the aisle in Allard Edwards Mikulski Allen Ensign Miller this amendment. both Houses, as well as the White Baucus Enzi Murkowski Second, for those—they are numer- House. We can do what the people ex- Bennett Feingold Murray ous in the Senate—who are for the rail- pect us to do. We can do it right. I hope Biden Feinstein Nelson (FL) Bingaman Fitzgerald Nelson (NE) road retirement bill, this amendment in fact we will get about the business Bond Frist Nickles is not a poison pill for the railroad re- of doing it. Boxer Graham Reed tirement bill. It does not impact how I yield the floor and suggest the ab- Breaux Gramm Reid Brownback Grassley Roberts this bill will be implemented. It simply sence of a quorum. Bunning Gregg Rockefeller will make sure the costs are recorded The PRESIDING OFFICER. The Burns Hagel Santorum correctly. If you record them correctly Byrd Harkin Sarbanes rather than direct how they will be clerk will call the roll. Campbell Hatch Schumer The assistant legislative clerk pro- Cantwell Helms Sessions scored, you have no impact on whether ceeded to call the roll. Carnahan Hollings Shelby the bill proceeds. Carper Hutchinson Smith (NH) Mr. REID. Mr. President, I ask unan- There is no additional point of order Chafee Inhofe Smith (OR) or anything that is an impediment to imous consent that the order for the Cleland Inouye Snowe quorum call be rescinded. Clinton Jeffords Specter the bill. It is just that we very seldom, Cochran Johnson Stabenow if ever, let a bill go through that costs The PRESIDING OFFICER. Without Collins Kennedy Stevens money where we direct how it should objection, it is so ordered. Conrad Kerry Thomas Corzine Kohl Thompson be scored. In this case, the Congres- Craig Kyl Thurmond sional Budget Office was asked how f Crapo Landrieu Torricelli much it will cost. They told us. Instead Daschle Leahy Voinovich Dayton Levin Warner of scoring it as we would normally in ORDER OF PROCEDURE DeWine Lieberman Wellstone almost every single bill that affects Dodd Lincoln Wyden Mr. REID. Mr. President, I ask unan- spending, the House, in the final mo- Domenici Lott ments as this bill was getting ready to imous consent that the previously Dorgan Lugar be passed, put in language saying it scheduled vote which is scheduled for NAYS—2 12:30 now begin at 12:25 p.m. today. shouldn’t be scored as it is; we want to Bayh McCain score it another way; we direct it not The PRESIDING OFFICER. Without NOT VOTING—1 be scored costing $15.3 billion. objection, it is so ordered. Hutchison All I ask is that provision be strick- Mr. REID. Mr. President, I ask unan- en. The bill does not have language in The conference report was agreed to. imous consent that the pending amend- it, if the Domenici amendment is ment, the Domenici amendment No. Mrs. MURRAY. Mr. President, I move to reconsider the vote, and I agreed to, that directs how you score 2202, be laid aside, to recur at 2:15 p.m. it, but rather the costs will be scored today; that there then be 5 minutes of move to lay that motion on the table. The motion to lay on the table was as estimated by the Congressional debate equally divided and controlled agreed to. Budget Office, which does the same in the usual form prior to a vote in re- thing for every bill that goes through. lation to the amendment; that there be f Bills do not have language telling you no second-degree amendments in order, RECESS that you must score it differently than nor to the language proposed to be The PRESIDING OFFICER. Under you score all the other bills and dif- stricken. the previous order, the Senate stands ferently than the Congressional Budget The PRESIDING OFFICER. Without in recess until the hour of 2:15 p.m. Office indicates. objection, it is so ordered. Thereupon, the Senate, at 12:55 p.m., I reserve whatever time I have and Mr. REID. I suggest the absence of a recessed until 2:15 p.m. and reassem- yield the floor. quorum. bled when called to order by the Pre- The PRESIDING OFFICER. Who The PRESIDING OFFICER. The siding Officer (Mr. CLELAND). yields time in opposition? The Senator from Montana. clerk will call the roll. f Mr. BAUCUS. Mr. President, I yield The assistant legislative clerk pro- COMPREHENSIVE RETIREMENT SE- myself a minute and a half. ceeded to call the roll. CURITY AND PENSION REFORM Mr. President, I have the highest re- Mr. REID. Mr. President, I ask unan- ACT OF 2001—Continued gard for the Senator from New Mexico imous consent that the order for the The PRESIDING OFFICER. The Sen- and also for Senator CONRAD, chairman quorum call be rescinded. ator from New Mexico is recognized. of the Budget Committee. They do an The PRESIDING OFFICER. Without Mr. DOMENICI. Mr. President, par- excellent job in a very difficult situa- objection, it is so ordered. liamentary inquiry: What bill is pend- tion trying to keep us on track with

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.040 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12351 the budget matters. They are very good eral Government is going to have to consent to pass a veterans homeless Senators. I think people from their borrow to fund this legislation, $15.6 bill. I will give my colleagues the back- home States know that. But I just billion, not $250 million. We should not ground. wanted to state that. say otherwise. Three weeks prior to the Thanks- The question here is, does this cost We can support this legislation but giving recess, I came to the Chamber to any money? If you assume it does cost be direct and clear with respect to its try to pass a version of the homeless money, then there is an argument cost. veterans assistance bill. LANE EVANS against directed scorekeeping; that is, The PRESIDING OFFICER. The Sen- has done a lot of work on the House there is an argument we do have out- ator’s time has expired. side, so has CHRIS SMITH. It is an excel- lays of maybe $15, $17 billion. The question is on agreeing to lent bill. We passed this bill out of the What is it we are addressing? We are amendment No. 2202. The yeas and nays Veterans’ Committee by a unanimous addressing that the tier 2 retirement have been ordered. The clerk will call vote. trust fund buys securities; that is, the roll. I had to come to the Chamber four stocks and bonds, rather than buying The assistant legislative clerk called times asking unanimous consent to Treasury bills. The question is, Is buy- the roll. pass the legislation. There was an ing equity securities the same or dif- Mr. NICKLES. I announce that the anonymous hold. Again, I say to col- ferent from buying Treasury notes? Senator from Texas (Mrs. HUTCHISON) leagues, any Senator certainly can ob- Under the rules, they are different; is necessarily absent. ject, but this whole business of anony- that is, one is an outlay and the other The PRESIDING OFFICER. Are there mous holds and no arguments made is is not. So it will be a $15 billion outlay any other Senators in the Chamber de- unbelievable. So I had to say to my col- cost under the budget rules if the trust siring to vote? leagues on the other side that on non- fund invests in securities; that is, eq- The result was announced—yeas 40, emergency measures, I was putting a uity securities, and no outlay, no cost nays 59, as follows: hold on everything. My hold was not when the trust fund buys Treasury anonymous. I said on the floor—it is [Rollcall Vote No. 347 Leg.] me—I am putting a hold on it. bonds. YEAS—40 I yield myself an additional 30 sec- We have been doing all this work Allard Feingold Murkowski onds. with Democrats and Republicans on Bennett Fitzgerald Nelson (FL) the House side. CHRIS SMITH, who is The PRESIDING OFFICER. The Sen- Bond Frist Nickles ator from Montana. Brownback Gramm Roberts chairman of the Veterans’ Committee Mr. BAUCUS. Mr. President, tech- Bunning Grassley Santorum in the House, has been especially help- Burns Gregg Sessions nically, the chairman and the Senator ful on the bill. We had strong bipar- Campbell Helms Smith (NH) tisan support on the Senate side as from New Mexico are right because Cochran Inhofe Stevens that is the way the budget rules have Conrad Kyl Thomas well. We preconferenced it, and we been applied. And this is a gray area. Craig Levin Thompson have unanimity of opinion. This vet- Crapo Lott Thurmond erans homeless bill is superb legisla- This is not similar to buying a truck or DeWine Lugar Voinovich a gold mine or buying another physical Domenici McCain tion. About a third of the homeless adult asset. Rather, it is buying securities Ensign McConnell males in the country are veterans. instead of Treasury bonds. NAYS—59 Many of them are Vietnam vets. Most I yield myself an additional 30 sec- Akaka Dorgan Lincoln struggle with posttraumatic stress syn- onds. Allen Durbin Mikulski So I am saying to my friends, the Baucus Edwards Miller drome. Most struggle with addiction. Bayh Enzi Murray Government is no better off or worse They do not get help. It is a scandal. Biden Feinstein Nelson (NE) This legislation is one-stop shopping, off whatsoever if the trust fund buys Bingaman Graham Reed places where people can go for commu- securities rather than buying Treasury Boxer Hagel Reid nity-based care, mental health serv- notes, as all pension funds do. They in- Breaux Harkin Rockefeller Byrd Hatch Sarbanes ices, treatment, and assistance in get- vest in both Treasury securities as well Cantwell Hollings Schumer ting affordable housing. My God, we as equity securities. Carnahan Hutchinson Shelby Carper Inouye Smith (OR) could not do anything that is better. So I urge my colleagues to not apply This legislation came back from the this rule at this time because the Gov- Chafee Jeffords Snowe Cleland Johnson Specter House. I thought we certainly would ernment is no better or worse off; sec- Clinton Kennedy Stabenow pass it. I know the chair of the Vet- Collins Kerry Torricelli ond, if the Senator’s amendment were erans’ Committee in the House, a Re- to be adopted, that would be the end of Corzine Kohl Warner Daschle Landrieu Wellstone publican, has urged colleagues to do so. the railroad retirement bill this year Dayton Leahy Wyden Now I understand we have another because we would have to go back to Dodd Lieberman one of these anonymous holds. the House and it would not survive this NOT VOTING—1 Mr. President, I ask unanimous con- session or maybe even this Congress. Hutchison sent that the Senate proceed to the im- The PRESIDING OFFICER. The time mediate consideration of Calendar No. The amendment (No. 2202) was re- for the Senator from Montana has ex- 201, H.R. 2716. jected. pired. The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, I move to The Senator from New Mexico. ator from Idaho. Mr. DOMENICI. Mr. President, I reconsider the vote. Mr. CRAIG. Mr. President, I am sorry yield whatever time I have to Senator Mr. BAUCUS. I move to lay that mo- that I have to do this, but for the pro- CONRAD and thank him for cospon- tion on the table. ceedings we are now under, and the soring the amendment. The motion to lay on the table was fact we have dealt with this issue be- The PRESIDING OFFICER. The Sen- agreed to. fore—my colleague and I agree on ator from North Dakota. The PRESIDING OFFICER. The Sen- much of what he has just said, but I do Mr. CONRAD. Mr. President, I favor ator from Minnesota. believe the way he now attempts to ad- the railroad retirement legislation. I f dress this issue does not fit where we strongly favor it. But I just as strongly want to go or where the Senate has support this amendment to knock out UNANIMOUS CONSENT REQUEST— H.R. 2716 acted and the House has acted. There- directed scorekeeping because I think fore, I object. it misleads our colleagues and our Mr. WELLSTONE. Mr. President, I The PRESIDING OFFICER. Objec- countrymen. do not want to rudely interrupt, but I tion is heard. Directed scorekeeping would suggest want to take a minute to make a unan- The Senator from Minnesota. this legislation costs $250 million this imous consent request. Mr. WELLSTONE. If I had gone fur- year to implement. That simply is not I see the ranking member of the Vet- ther, I would have mentioned also, correct. The cost is $15.6 billion. The erans’ Committee in the Chamber. with the support of Senator ROCKE- hard reality is, that is what the Fed- Shortly, I am going to ask unanimous FELLER and Senator SPECTER, the

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.048 pfrm01 PsN: S04PT1 S12352 CONGRESSIONAL RECORD — SENATE December 4, 2001 unanimous consent request was that wants to go. My guess is ultimately we budgeting arm of the legislative branch the amendment be agreed to; the act, can get there, and I will work with the of Government—to simply look the as amended, be read a third time and Senator to make that happen. other way and not count $15 billion passed; and the motion to reconsider be Mr. WELLSTONE. Mr. President, I being taken out of the Treasury. laid upon the table. Of course, my col- note my colleague from Texas is in the Senator DOMENICI, with the support league from Idaho has objected. Chamber. I will only take 1 more of the chairman of the Budget Com- I am a bit of an emotional Senator. I minute. mittee, offered an amendment to strike say to my good friend from Idaho that I thank the Senator from Idaho. I that language so at least we could have unlike the Senator who has put an take his remarks as being very sincere. honest bookkeeping. Only 40 Members anonymous hold on this bill, my hold is Again, the reason I have to do this, I of the Senate voted for honest book- not anonymous. I have a hold on every say to my colleague, is because I went keeping. It is clear this railroad retire- single resolution and legislation intro- through this for 3 weeks prior to ment bill is wired. duced by my colleagues on the other Thanksgiving. I came to the Senate What I wanted to do was to offer an side of the aisle that is non- Chamber 4, 5 times and never could get amendment to achieve everything pro- emergency—all of it. It is not anony- approval. The hold was anonymous. ponents of the bill claim they want to mous. I have just said it here. Last week, I tried to get approval, do but to do it in a responsible manner. I did it for 3 weeks before Thanks- and I have tried to get approval since. I don’t know where this amendment is giving. I cannot believe it. Now we are It is out there. Everybody knows what going. I expect it is going to get rel- back at this again. It comes over here the bill is. We have been working on atively few votes. However, I feel obli- from the House with the full approval this a long time. There is strong bipar- gated to offer the amendment and peo- of the chair of the Veterans’ Com- tisan support for the bill. ple can do what they want to do with mittee—I think unanimous support— I thank my colleague. I hope we can it. support of both Senator ROCKEFELLER, work it out. In the meantime, before Let me try to define the problem. If who chairs the Veterans’ Committee, we work it out, I want all of my good you read what people are saying in the and Senator SPECTER. friends on the other side to know my paper and you talk to all these very We have been working on this for hold is not anonymous. I have a hold nice people in the hallways who are several years. It is a scandal. Is it too on all their resolutions, amendments, lobbying for this bill, they say: Look, much to ask that we get this support and bills unless they are emergency. we have over $15 billion in our trust to veterans? People are giving all these f fund. It is our money. It is invested in speeches about how great it is that our Government bonds. We don’t think it is men and women are serving our coun- COMPREHENSIVE RETIREMENT SE- a good investment—I sure agree with try, they are in harm’s way, we support CURITY AND PENSION REFORM them there. They claim they want to them—and we do, I agree—and then ACT OF 2001—Continued take the money and invest it. Then when they get out of the Armed Serv- AMENDMENT NO. 2196 with the higher interest rates that ices and they are now veterans, all of a (Purpose: To ensure that returns on they can earn, they want to lower sudden we do not say thank you any investment are earned prior to any taxes and increase benefits. longer. You don’t think you can find it reduction in taxes or increase in Now, there is a big problem here. If in your hearts to pass this bill that is benefits.) you look at the actual estimates done so important to this group of veterans by the railroad retirement board, you in this country? That is my first point. Mr. GRAMM. Mr. President, I call up find under any of the three economic My second point deals with my indig- amendment 2196. It is a short amend- scenarios that the railroad retirement nation, for which I apologize. I am just ment, and I would like it read. trust fund actuaries look at, this pro- getting sick and tired of these anony- The PRESIDING OFFICER. The posal does a lot more than simply in- mous holds. I really am. Therefore, I clerk will report. vest the money. In fact, as I pointed say to my good friend from Idaho, I The bill clerk read as follows: out on many occasions, what this bill know this is not his position. He has to The Senator from Texas [Mr. GRAMM] pro- does, in essence, is, over a 17-year pe- come out here by proxy, representing poses an amendment numbered 2196: riod, it literally takes $15 billion of On page 2 of the amendment, insert before capital out of the trust fund. This someone who has put an anonymous line 1 the following: hold on this bill again, in which case I ‘‘SEC. 2. Notwithstanding any other provi- chart shows—and this is based on the have a hold on all legislation, all reso- sion of this Act, any reduction in tax or in- Railroad Retirement Board’s data; this lutions introduced by my good friends crease in benefits shall take effect only to is not my data—under current law the on the other side of the aisle that are the degree that the Secretary of the Treas- trust fund would build up along the nonemergency. ury finds that the actual earnings of the black line entitled ‘‘Trust Fund Under Mr. CRAIG. Will the Senator yield? Railroad Retirement Investment Trust Fund Current Law.’’ Mr. WELLSTONE. I will be pleased are sufficient to fund them.’’. Let me remind my colleagues that to yield. I do not yield the floor. I will Mr. GRAMM. Mr. President, we have railroad retirement is not fully funded. be pleased to yield for a question. before us a bill that 74 Members have If we had ERISA laws applied to rail- Mr. CRAIG. Briefly on this issue. cosponsored. It is clear from the pre- road retirement where you had to have The PRESIDING OFFICER. Will the vious vote where the votes are on this a trust fund sufficient to pay benefits, Senator yield for a question? bill. I remind my colleagues that Sen- ERISA would shut railroad retirement Mr. WELLSTONE. I yield for a ques- ator DOMENICI offered an amendment to down today. This is a program that has tion. strike a provision of the bill that was no actuarial solvency whatever and it Mr. CRAIG. I thank the Senator for not in any bill that anybody cospon- is currently receiving huge Federal yielding. As the Senator from Min- sored, and it was literally a provision taxpayer subsidies today and has al- nesota knows, a hold is not absolute. It that was written into the bill that or- ways received Federal subsidies. merely is to notify those who have ob- ders the Office of Management and Basically what is going on, this is jection to the bill that it might be Budget, which is the budget scoring what the trust fund balance looks like coming up. I think the Senator has op- arm of the executive branch, and the under current law. Proponents of this erated appropriately. I am not the per- Congressional Budget Office, which is bill say it doesn’t make sense to invest son who has the hold on his bill, but it the budget scoring arm of the legisla- this in Government bonds; let us invest is important we deal with the issue in tive branch of Government, to falsify it in stocks and bonds. We will have a timely fashion. the budget by not counting $15 billion more money; we can have a better, There is much of what the Senator that is being taken out of the Treas- more secure retirement program. I said I agree with. I serve on the Vet- ury. agree with that. I am supportive of let- erans’ Committee. I do not say by this This is an extraordinary provision. It ting them invest the money. The prob- action I am not in support of veterans, basically ordered both budgeting lem is, that is a smokescreen. homeless veterans, those who are in arms—the budgeting arm of the execu- What they are really doing, if you need. I understand where the Senator tive branch of Government and the look at what happens to the trust fund

VerDate 04-DEC-2001 01:42 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.053 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12353 before any money is invested, before asking us, despite all the rhetoric to reason there is enough money to pay one single penny is invested, they cut the contrary, to let them take four- benefits at this point under the bill is the amount of money the railroads are fifths of the trust fund over the next 25 that it is assumed by them that the tax putting into retirement from 16.1 per- years and divide it up with retirees and on the railroads to pay for the retire- cent of payroll to 14.75 percent, and it then have the Federal Government ment benefits has risen from 13.1 per- falls to 14.2 percent and then to 13.1 guarantee the fund so 25 years from cent to 22.1 percent. percent. They also lower the retire- now we have one-fourth of the trust Does anybody believe the railroads ment age from 62 to 60. At the same fund to pay benefits we have today, and are capable of paying 22.1 percent of time we are raising the retirement age the railroads, which cannot pay 16.1 the wages of all the railroad retirees for Social Security, they lower the percent, would be paying 22.1 percent into the railroad retirement trust number of years to be vested from 10 to then. fund? Are we not here today because 5 and they raise benefits. The net re- Now, they are going to argue the sys- the railroads say they cannot pay 16.1 sult is, even though they assume they tem would be solvent, they can pay the percent? The whole logic, when you will earn 8 percent in real terms, benefits. But they can only do that strip away the window dressing, is they whereas they are only getting 1 percent with a 22.1-percent payroll tax. Nobody want to lower the amount they are put- in real terms from Government bonds that I know believes that is a tax they ting into the trust fund from 16.1 to the way they are calculating it, even can pay. Anyone who looks at this re- 13.1 percent, to try to help the rail- with as high a rate of return, what hap- alizes if we adopt this bill, 20 years roads. They have worked out an agree- pens to the trust fund under this bill? from now we won’t be here, other peo- ment to get the unions to support it by What happens to the trust fund is, it ple will be here, but the railroads will saying, in essence, $7.5 billion goes to goes down because not only are we pay- be saying, you are going to have to the railroads and giving $7.5 billion to ing out every penny of earnings from come and do something because we the union members. But the net result the higher rate of return but we are can’t pay these taxes. is the trust fund is $15 billion poorer 17 also paying out principal. Under the best of economic cir- years from today than it is now. Even Why doesn’t it go broke? The reason cumstances—and this is data from the though you are earning a higher rate of it doesn’t go broke is, in 2021, the trust railroad retirement board—under the return, because you are taking out fund is now down to about a third of best of circumstances, the bill before huge amounts, you are depleting the what it would be under current law be- the Congress will deplete 53 percent of trust fund. cause you have added all the new bene- the trust fund by 2026. Under a more re- All I am trying to do with this fits. You reduce the amount of money stricted and a more normal economic amendment is say invest the money going into the fund so even though you circumstance, it will deplete 75 percent and every penny you earn belongs to hope to earn a much higher rate of re- of the trust fund. And under a pessi- the railroads and the unions. Forget turn, you expect all the return and mistic economic scenario it will bank- about the taxpayer. But don’t take the two-thirds of the trust fund. rupt the trust fund in 20 years. These principal out, just take the earnings. What happens in 2021 that keeps the are not my numbers. These are the Frankly, if this were some kind of system from going bankrupt? The way numbers of the actuaries of the rail- reasonable debate, you might say let’s the bill is written, at that point, the road retirement trust fund. take these higher earnings; part should go to the taxpayer because the tax- payroll tax, which is down to 13.1 per- Now, I understand people want to payer is paying a substantial amount cent of payroll, skyrockets. It goes pass this bill, so I put together an of these benefits, part should go to the from 13.1 percent up to 22.1 percent and amendment which lets the railroads railroads, and part should go to the re- it does that all in a span of some 5 and the unions do what they want to tirees. But I am saying forget that; do, which is take $15 billion out of the years. take the interest, but don’t take the I ask my colleagues the following trust fund right now and invest it. principal. That is the essence of the question: If railroads are saying they That will become a private trust fund amendment. cannot operate profitably while we are and they will have it in stocks and I would like to submit the amend- putting 16.1 percent of payroll into this bonds and then they will earn on those ment. I hope my colleagues will accept retirement program—and remember, stocks and bonds. The amendment I it. I do not understand how it can be they have three retirees for every have offered says, look, do everything prudent public policy to set out a pol- worker; Social Security has three you are claiming to do here but don’t icy which, while claiming to get a workers for every retiree; this program reduce the amount of money going into higher rate of return, actually reduces is nine times as financially vulnerable the trust fund from the railroads and the size of the trust fund available to as Social Security—if they can’t afford don’t increase benefits until you have pay benefits, between now and the year to pay 16.1 percent today and they are invested the $15 billion, and until you 2026, by 75 percent. How can that make urging us to let them cut that to 13.1 have earned a rate of return on it. And sense? How can it be prudent public percent, how can they come in 2025 and then when you are dealing with the in- policy to set out a program which is afford to pay 22.1 percent of payroll, terest and not the principal, you can do salvaged only by the willingness of the which is what their numbers require? whatever you want to do. railroads to pay to 22.1 percent of all Does any Member here not believe What this bill does is take the money wages into a trust fund, when today that come 2019 the railroads are going out of Government bonds and allow it they claim they cannot afford to pay to come to Congress and say, we would to be invested, $15 billion of it; then as 16.1 percent? How can that possibly be required simply to maintain the that money earns interest, you could make any sense? trust fund at roughly one-fourth of lower the amount the railroads are What I am saying is don’t deplete the what it would have been without this paying in, you could lower the retire- trust fund. But every penny you earn, law, already four-fifths of the trust ment age, you could increase benefits, by investing it, you can give to the fund would be good? They are going to but only to the degree you were doing railroads and you can give to the retir- run to Congress in 18 years and say, we it with the interest you are earning. ees. But maintain the assets to protect can’t possibly pay a 22.1-percent pay- You could not spend off the trust fund, the taxpayers. That is the proposal. I roll tax and remain in business. So you thereby putting the taxpayer at great- think it is simple and easy to under- are going to either have to have the er risk. stand. For those who want investment, taxpayer come in and bail out this fund I know if anyone defends the pro- it gives you investment. For those who or you are going to have every railroad posal, they will say, look, the trust want a better rate of return poten- in America going broke. fund does not go broke under the bill. tially, it gives you a better rate of re- One question that is never answered In fact, I guess they would concede it turn. But what it does not let you do is is, if they can’t afford to pay 16.1 per- goes down in value under the expected pillage 75 percent of the trust fund over cent today, how are they going to af- economic scenario by three-fourths. the next 25 years. That it does not let ford paying 22.1 percent in 25 years? But there is still enough money to pay you do. The point is, they don’t ever intend to the benefits. That is only part of the That is the essence of the amend- pay that amount. They are, in essence, story. The rest of the story is, the only ment.

VerDate 04-DEC-2001 03:04 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.056 pfrm01 PsN: S04PT1 S12354 CONGRESSIONAL RECORD — SENATE December 4, 2001 I yield the floor. single, it would be 100 percent. So the looking far ahead as possible to try to The PRESIDING OFFICER (Mr. ED- thought is to at least raise the widow’s. anticipate if there is going to be a WARDS). The Senator from Montana. If she survives her husband, raise her problem of some kind or another. Mr. BAUCUS. Mr. President, I have benefits to 100 percent. It seems to me Specifically, the legislation before us been listening carefully to my good that the railroader himself would get requires the trust fund to have an inde- friend from Texas, and a lot of what he 100 percent if he retired and is single. It pendent, qualified public accountant to says is accurate. But he does not, as just makes sense. audit the trust. The trust fund then they say, tell you the whole story. Ul- The current taxes that the company must submit a report to Congress timately, the question comes down to: pays are too high. They are much high- which includes a report based on the Are there enough funds in tier 2, in the er than taxes paid in the private arena, audit. The report supplied to Congress railroad retirement fund, to pay addi- and they are higher than what a com- must contain financial statements of tional benefits to retirees and spouses pany would pay in its pension program operations and cashflow. and also to decrease the amount of for its employees. Moreover, two financial reports re- taxes the railroads are now paying? Ad- The idea is to lower the taxes and in- quired in current law would continue. mittedly, it is a very high rate. That is crease the benefits in a way that is rea- The chief actuary for the Railroad Re- the question. And can that be done in a sonable and prudent so we don’t have tirement Board must also do a major fiscally sound manner? that huge balance accumulating in the update of actuarial evaluations every 4 Today the railroad retirement trust railroad trust fund. I think it is done in years but with annual updates every fund balance is growing very dramati- a very sound and fair way. year by the chief actuary of the Rail- cally. Under current law, the trust The ultimate question really is, Is road Retirement Board. The Railroad fund will have balances this year of the balance of money in the trust fund Retirement Board will report annually about six times the cost of benefits. large enough to accommodate these to the Congress and to the President as Through about the year 2020, the ratio changes? In the legislation before us, to the state of the system. Every year never sinks below six. At that point, which includes the changes I have indi- we will get updates. the year 2020, it continues to decline cated, the balances in the trust fund in The lines on the chart of the Senator forever. By the end of 75 years, the bal- any year are at least one and two- from Texas as well as these are the in- ances in the trust fund will equal an thirds times greater than the amount termediate assumptions; that is, there unbelievable 53 times the cost of 1 needed to pay benefits in that year. is a pessimistic assumption, there is an year’s benefits. That is a higher standard by two-thirds intermediate assumption, and there is So the question is, Why all this in- than the standard currently for Social an optimistic assumption. These are crease in balances? Isn’t there some- Security. By the end of the 75-year pe- the intermediate assumptions on both thing prudent that can be done about riod under this bill, the balances are of these charts. What basically drives these assump- this very large increase in balances? about 12 times the cost of paying bene- tions? What is the biggest unknown Because under the actuarial estimates fits in any 1 year. that we have to look at? it just continues to grow and grow. Look at the chart of the Senator It is essentially the level of employ- And how much of the balance is real- from Texas. He has that red portion. It ment in the railroad industry. When ly necessary? In Social Security, the continually falls off until about the the level of employment in the railroad actuary considers the system to be in year 2023. In 2026, his chart stops. It industry declines significantly, obvi- actuarial balance in any year the bal- doesn’t keep going. If his chart were to ously, as is in the case of Social Secu- ances of the Social Security trust fund keep going, it would have the effect of rity, there are fewer people paying into are equal to at least one time the this chart behind me to my right. It the trust fund compared with the num- amount of benefits that are paid out in falls down to the levels indicated on ber of people drawing benefits from the a year. That is Social Security’s stand- the chart of the Senator from Texas, trust fund. ards. The actuaries have determined but then it starts right up again at a This is an industry which is almost there is at least a 1-to-1 ratio of bal- very high rate. the opposite of Social Security. For So- ances in the Social Security trust fund The low level which is of concern to cial Security, there are about three compared to the costs in that year that the Senator from Texas rightfully workers for every one person paying in. have to be paid out. Clearly, today it is should be addressed. It is a level which In this industry, it is about one to much more than one, but the standard, is one and two-thirds times higher than three. It is a mature industry. It is not the actuaries say, is 1 to 1. It is not six the actuarial balance that the chief ac- a young industry. It is an industry times or three times, but one. tuary at Social Security says must be with fewer employees and more retir- Today, on the railroad retirement maintained. ees. trust fund tier 2, there is a real need, There are provisions in the bill—the The question is, How many more frankly, to do something about the bal- Senator from Texas is correct, and the fewer employees will there be to ac- ances in a way that seems reasonable railroad industry agrees and thinks commodate the number of retirees? and prudent. There are some changes this is just fine—which say if the funds I would like you to look at this chart that should be made. One is the retire- are not what we assume them to be, behind me. It indicates that we need ment age. Some industries are a lot then the railroader’s and employer’s not worry about a cut in the number of more hazardous and dangerous than taxes begin to rise. But the Senator employees. That is because of in- some others. Railroading is certainly from Texas says when that happens, creased productivity and increased effi- more hazardous and more dangerous and if it happens, Congress is going to ciencies in the railroad industry. It than some other industries. The retire- just come right in and bail out the rail- really can’t get much lower per ton ment age today in the railroad indus- road industry. mile or per railroad mile traveled. try under current law is 62 years. It is We have not done that, historically. This chart shows the railroad crew only fair that it be reduced to 60 years. The last five times this Congress gen- size and productivity. As you can see, In many industries across the Nation, erally addressed the question of the fi- in about the years 1950 to 1964, the av- the retirement age is lower than that. nancial viability of the railroads and/or erage crew size was five. In the years It can be 55, and for a hazardous indus- the retirement system, in 1974, in 1981, roughly 1960 to 1978, the crew size was try such as railroads it makes sense in 1983, and in 1987, Congress did not four, and on down to about 1998, the av- that the retirement age be 60. bail out the railroads. Congress either erage crew size is two. In addition, vesting does not have to decreased benefits or raised employer You can’t get much lower than two be a full 10 years as it is today. In taxes. We encourage the railroad to for a crew on a train. There is always many industries, vesting is less than solve these problems themselves. We going to be at least two. We are not that. It is 5 years. have never ‘‘bailed out’’ the railroad going to have fewer employees. We will For survivor benefits, today when a industry. probably have more trains, which railroader retires, he and his wife will Further, this legislation before us means more employees, but we are not receive 145 percent of wages. If he dies, has lots of built-in sort of requirements going to have fewer employees per the widow gets 50 percent. If he were of independent audits, of reports, and train.

VerDate 04-DEC-2001 01:45 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.058 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12355 Meanwhile, the revenue per ton mile First of all, if, in your retirement, we are doing some things that make and per employee, as you can tell by somebody told you they could spend 75 sense—letting them invest the trust the chart, is increasing at a very high percent of your trust fund, give you fund makes sense—we are literally let- rate. We have more revenue for ton more benefits, and you could pay less ting them take $15 billion, we are let- miles per employee. That is going to in, I do not think you would believe it. ting the railroads pocket $7.5 billion, help the solvency of the trust fund. At Well, you should not believe it because we are letting them give $7.5 billion in the same time there are not going to be it is not true. gifts to their retirees and workers, and any fewer employees than there are My colleague points out my chart we are setting up a situation where today. ends in 2026. Why? Because in 2026 the there is going to be a train wreck, and The basic point is, Is this the respon- payroll tax, which the railroads are the taxpayers are going to be forced to sible way to solve the problem of explo- saying have to be reduced for them to pick up the pieces. sive trust fund balances? I submit yes. be able to operate—they have to be re- Senator NICKLES and I have no con- One, the actuaries will maintain a bal- duced from 16.1 percent down to 13.1 stituency. That is obvious. This thing ance that is proper. There will be an- percent—by the time we get to 2026, has been sold. All the railroads have nual reports galore. the payroll tax is up not to 16.1 percent come to Republicans and said: This is I urge Senators to resist this amend- but 22.1 percent. Does anybody believe great; it will be great for railroads. The ment. It is unnecessary. It is wrong. It that the railroads can or will pay 22.1 unions have come to the Democrats means the balances will stay forever. percent of payroll into this retirement and said: This will be great for the The benefits will not be greater. The program? Nobody believes they can or workers. And the bottom line is, no- burden on taxes will not be lower in will. body cares, apparently, about the tax- due time. Everybody understands that 20 years payer or about the future of this retire- If this amendment is agreed to, de- from now we are going to hear this ment program. spite being wrong on its merits, it is knock on our door. We are not going to So we are on the verge of cutting going to probably mean no railroad bill be here, but somebody is going to be this, taking 75 percent of the money this session, and maybe next year, be- here, and the railroads are going to out of this trust fund and giving it cause we will have to go to conference say: My God, this retirement program away, committing ourselves to the on this matter. is in terrible trouble, and under law railroads, having to pay a tax that we I yield the floor. our payroll tax is getting ready to know they are not capable of paying, The PRESIDING OFFICER. The Sen- jump from 13.1 percent to 22.1 percent. that we know cannot be paid. How are ator from Texas. railroads going to put 22.1 percent of Mr. GRAMM. Mr. President, let me We cannot pay these taxes. At that point whatever these charts show is every dollar they pay to every worker be brief. When all the people came to into this trust fund 20 years from now see me about 6 months ago—actually, not relevant because everybody knows the railroads cannot pay that amount when they cannot put 16.1 percent in almost a year ago, in relation to this today? They are not going to be able to bill—I sat down to listen to them, hav- into this program and operate viably in the American economy. do it. ing spent about 3 years working on So- So all my amendment says is, let cial Security. So what is going to happen? You have spent four-fifths of the trust fund or let them invest it and do whatever they Let me give you my response, based want to do with the interest, but do the railroads spend four-fifths of the on something I think everybody can not let them spend the principal. What trust fund. You have a payroll tax of understand. Today we are really wor- that will mean is, the trust fund will 22.1 percent. What is going to happen? ried about Social Security because we basically stay at its current level. They are going to say they can’t pay it have 3.3 workers per retiree. We are They can reduce the amount railroads and they are going to ask the Federal going to two workers per retiree. We are paying in. They can increase bene- Government to intervene. are very concerned about our ability to fits. Neither of those actions, in my When you are talking about what pay Social Security benefits. opinion, is fiscally responsible, but good shape this trust fund is in, what is I have done a great deal of work and they cannot simply pillage the trust being called solvency here is having written a fair amount of material and fund for $15 billion over 17 years, which enough money to pay benefits for 4 articles explaining how investing So- is exactly what happens under this pro- years. There is no private retirement cial Security surpluses in interest- posal—and every set of figures used by program under ERISA that would not earning real assets will cause the trust every person in this debate all come be shut down if it had assets that fund in Social Security to grow and from the railroad retirement board. All would only pay for 4 years. will enhance our ability to pay bene- of them show that the trust fund, over My amendment is not what I would fits. the next 20 years, is depleted, under the call a stingy amendment. My amend- But I have never suggested that in- expected economic projections, by 75 ment says, OK, take this trust fund, vesting the Social Security surplus percent. That cannot be good public and we are going to give you $15 billion could allow us to lower the retirement policy. right out of the Treasury. You can in- age in Social Security from 65 to 60. In I understand that Senator NICKLES fact, under current law, it is rising vest it on behalf of the retirees. And has an amendment. What I would like from 65 to 67 even at this moment. I then you can spend every penny that to do is yield the floor. If there is any have never suggested that before any you earn on that $15 billion. You can more debate on this amendment, there money is invested that we could cut lower the amount railroads are putting can be, and I would be happy to have Social Security taxes. Someone would into the system. You can give new ben- the amendment set aside. Senator laugh in your face if you suggested efits, but you cannot spend the prin- NICKLES can offer his amendment, and that. cipal. That is all my amendment does. then it can be debated. And then we Now, into my office walk representa- If we do not adopt an amendment could have the vote on the two amend- tives of the railroads and unions, and similar to this, I want to predict, even ments and sort of see where we are. they say: Look, we have a program though I do not think any of us will be I yield the floor. which has one worker for every three here 20 years from now—I certainly The PRESIDING OFFICER. The Sen- retirees, not the other way around, will not—that 20 years from now this ator from Oklahoma. which it is with Social Security. This retirement program is going to be on AMENDMENT NO. 2175 TO AMENDMENT NO. 2170 retirement program is in much worse its back, the railroads are going to be (Purpose: To use a 5-year average rather shape than Social Security. We want to being pulled down economically by than a 10-year average on capturing the av- invest our trust fund, and we are going having a 22.1-percent payroll tax, and erage account benefits ratio) to cut the retirement age, reduce the we are going to have a transportation Mr. NICKLES. Mr. President, I ask amount of time you have to work to crisis in America. unanimous consent the pending amend- get benefits, increase benefits, and re- I do not know if anybody will ever ment be laid aside and I call up amend- duce the amount that the railroads are look back at what we are doing here, ment No. 2175. putting into the program through two but they should. Because what we have The PRESIDING OFFICER. Is there different payments they are making. done, underneath all else, is that while objection?

VerDate 04-DEC-2001 01:45 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.061 pfrm01 PsN: S04PT1 S12356 CONGRESSIONAL RECORD — SENATE December 4, 2001 Without objection, it is so ordered. They didn’t have a hearing in the going to have a tax increase, a tax in- The clerk will report. House. We didn’t have a hearing in the crease that is paid by the railroad com- The senior assistant bill clerk read as Senate. I asked for a hearing in the panies. And it goes from 13.1 percent to follows: Senate Finance Committee. We did not 22.1 percent. The Senator from Oklahoma [Mr. NICKLES] get it. We had a markup but it was al- Senator GRAMM said they are having proposes an amendment numbered 2175 to ready railroaded. There were not going problems. They have shrunk their amendment No. 2170: to be any amendments. There was one labor force significantly. They are not On page 40, line 1, strike ‘‘10 most’’ and in- amendment adopted in the House or going to be able to handle that kind of sert ‘‘5 most’’. the Senate. That was the amendment increase. They will come back to Con- Mr. NICKLES. Mr. President, I com- dealing with scoring. We are not going gress and say: Here, it is yours. The pliment Senator GRAMM for reading the to count it. It didn’t say we will waive trust fund is broke. It didn’t work out bill and trying to do something to pro- the Budget Act. It said will not count very well, so pay our employees. And tect the integrity of the trust fund. it, which I think is even worse than because the Railroad Retirement Act is He has said, No. 1, if we are going to just waiving the Budget Act. Why have a Federal statute, it becomes an enti- give them $15 billion, let’s make sure a Budget Act if you are going to have tlement. we don’t spend down the principal. $15.3 billion in budget outlays and it Many people here say it is not that. And, No. 2, let’s only spend the interest doesn’t count? No, they won’t be coming back to us. or the dividends from that trust fund We just had a vote on that by Chair- I predict that within 20 years they to provide new benefits. I support him man DOMENICI and ranking member will be coming back to Congress and in that. I compliment him for that. CONRAD, and we lost. We lost that vote. saying: We need a fix. We need a little I also have an amendment that wants So the special interest groups are to- bump. We need a little transfusion. to protect the integrity of the trust gether. And they said: Let’s leave it in. Maybe the transfusion will be from So- fund. The trust fund, by any of the sce- They didn’t request that amendment. cial Security. They are already getting narios—I will show the charts in just a It is interesting; that was put in by the it. I wonder how many of our col- minute—the trust funds goes way too House. So that was the only amend- leagues know that they get billions of low. The bill’s stated objective is to ment they put in. dollars from Social Security, basically keep the trust fund equal to but some- It was a bad amendment in my opin- from tier 1 going into tier 2, to pay where between four and six times the ion. We are going to accept that, and their benefits. It is in the bill. I have annual payment to beneficiaries. That we are going to keep the bill. We will an amendment that will address that. is their goal. That is their objective. not touch it. I think we are making a Possibly we will consider that soon. Unfortunately, the bill before us, under mistake. Right now I offer an amendment that the middle assumption, doesn’t even You ask: Why are you still fighting I urge my colleagues to look at, con- come close to that. this? You know this bill is going to sider, and hopefully pass. The trig- As a matter of fact, the trust fund pass? Sure, I do. But I want to make a gering mechanism to have a tax in- goes all the way down to about 1.3 an- statement. I want to show that we can crease is if the trust fund goes so low nual payments. In other words, it al- do a better job. We are not beholden to that there will be a tax increase. If you most goes bankrupt. It barely has the special interest groups. We are be- actually get low enough to pay benefits enough to make 1 year’s payments of holden to taxpayers. This is a Federal for 4 years, you have a tax increase. It benefits. That is not a good deal for statute. We are changing Federal law. is automatic. It is in the bill. It would taxpayers, and it is certainly not a How many CEOs of the railroad compa- become law soon. OK. That makes good deal for railroad retirees. I don’t nies or how many union members were sense. But you ought to have some think it is a good deal for the railroad elected to the Senate? I don’t know, kind of triggering mechanism so if we companies because they are going to be but they wrote the law. They wrote the keep the trust fund balanced, we won’t socked with a very large tax increase. bill that is going to become law. be coming to the taxpayers for general I will use the chart Senator BAUCUS I don’t think they did a very good revenues. has. I think it illustrates it. We start job. If I thought they did a good job, What is wrong is the calculation. You out with about 6 years of benefits maybe I would cosponsor the bill. I look back over 10 years to figure that under today’s standard, but when we don’t think they did a good job. His- average. By looking over 10 years, if pass this bill, in a period of about 20 tory will tell. you just see the revenue estimates, years, we go down to just a little over I will make a prediction. I am not they estimate that the trust fund bal- 1 year’s balance. In other words, we going to be here in 20 years. I guess if ance goes from a high, somewhere in take a fund—and I will insert this in I was as studious and healthy as Sen- the neighborhood, under present law, of the RECORD. Actually, I will insert for ator THURMOND, maybe I could be. If I about $27 billion. Under the Daschle all three assumptions. was fortunate enough to be reelected bill or the railroad bill we are getting Under the assumption I will talk by the people of Oklahoma, maybe I ready to pass, the railroad trust fund about, the employment assumption No. could be. Agewise it is possible, but it runs about $23 billion. Then the next 2, the one in the middle, we start with is not possible after consulting with several years it falls to 19, 18, 17, 16, 13, a balance this year of $19.3 billion. And my spouse. But 20 years from now, if 12, 10, 8. You are looking at a 10-year under current law, that goes to $34 bil- not well before that, Congress is going average. If you look at a 10-year aver- lion. to have to readdress this issue because age and you are averaging 8 and aver- Under the bill we are getting ready we are going to have a big problem. aging 20, maybe it won’t trigger the to pass—and I can count votes; frankly, As this chart shows—I am borrowing tax increase until about the year 2021, I could count votes before this week Senator BAUCUS’s chart, and I thank 2022, 2023. In other words, it allows the started—that trust fund balance goes him—we are going from 6 years of ben- fund to fall from about 6 years’ pay- from $19 to $8.4 billion. Instead of being efits down to a little over 1, we think. ments down to a little over 1 before the $34 billion, it goes to $8.4 billion. That That is in 20-some years. tax increase is triggered. is the bill we are getting ready to pass. Then Senator BAUCUS said: Wait a That is too late. That doesn’t allow I wish I could wake up all my col- minute. Way out in the outyears, it the trust fund to have enough time to leagues, most of whom have not read goes way up. Who knows? I know they recharge, to build, to have a cushion to this bill, most of whom had nothing to are going to have problems when we earn interest or to earn dividends. In do with drafting the bill. This is the get into the year 2021, 2022, 2023, 2024, other words, we allow this dip to go too first time I can recall in my 21 years in 2025 and 2026. It goes way down. The low. the Senate that we have had a bill that trust fund actually falls by 65 percent. The effect of my amendment would was totally written by special interest When you have that trigger, payroll be to smooth that out. Possibly it groups. In this case, railroad unions taxes have to go way up. Payroll taxes would smooth out the payroll tax in- and management got together and said: have to go up by 69 percent. crease. In other words, instead of look- Here is our bill, don’t touch it. Don’t That is because in the bill we say if ing back over 10, we would look over 5. have a hearing on it. it triggers at a certain point, we are So your average, once you got on the

VerDate 04-DEC-2001 03:26 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.065 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12357 decline, it would say, if we get much nies will all be retired by then, and sure it doesn’t get down too low. We lower, we will have to have a tax in- Members of Congress will all be gone would have the automatic trigger crease sooner to keep that fund from by then. Let somebody else worry moved up a little bit. That is the es- going so low. That is too big of a dip. about that. So these big tax increases sence of the amendment. Instead of let- That is too dangerous for railroad em- are not triggered—it is interesting, ting the fund dip down quite so low— ployees or retirees to have the fund they are not triggered until 15 years before it goes down too low, below the balance dip down as low as 1.3 annual from now, but then they are pretty big. threshold of four times annual pay- payments. It is not a 10-percent increase in pay- ments, we would trigger the tax in- This is under the middle scenario. If roll taxes, not a 20-percent increase; crease a little earlier so it doesn’t go you look under the pessimistic sce- they keep the tax rate basically at 13.1 down quite so low. That is the essence nario, it goes in the red. Under the pes- percent for about the next 15 years and, of the amendment. simistic scenario, the whole trust fund bingo, you go from 13.1 percent to 22.1. We want to save the trust funds so goes totally in the red by the year 2022. That is a 69-percent increase in payroll the funds will be there to make the It will not be able to make payments. taxes. It will need either general revenue I just can imagine—as a matter of payments and not bankrupt the rail- funds or it will have to cancel increases fact, I will make this prediction: When roads at the same time. Now, maybe if, or suspend payments or whatever. this happens 15, 20 years from now, in the interest in this bill, the railroad In other words, there is a scenario somebody is going to come back—the companies and the unions would have here where the fund is totally broke in railroad companies will say: We can’t come before Congress and said, yes, 20 years. That is not acceptable. I don’t afford that. That will bankrupt us. let’s have a hearing on this bill, I could think it is acceptable. I think we They will basically say: Taxpayers, you have asked them questions. My guess is should protect railroad retirees. We handle it or liquidate the railroad so the railroad unions would say, yes, I have too much of a variable by using a like that idea. They would probably 10-year average before you have a trig- they can pay these benefits. You are in that kind of scenario. say I like that idea because we don’t ger for a tax increase. So my sugges- That will happen. That is too Draco- want to jeopardize our payments. If tion is, let’s make it over a 5-year aver- somebody is retired at age 60, and they age. If you get on a down slope, the nian of an increase because we allowed the trust fund to get too low before we happen to be age 80 and they are read- trust fund starts falling in value, we ing the reports, they would say, the won’t have to wait another 8 years be- triggered the changes. I say, let’s trig- ger the tax increase. Instead of over a trust fund went down to almost bank- fore you trigger a tax increase. rupt. They can barely make payments That is the essence of my amend- 10-year average, do it over a 5-year av- ment. It is a friendly amendment. It is erage. That makes a lot more sense. We this year. They are not going to get a not an amendment to gut the bill. It is are not holding these funds to fiduciary lot of comfort over that. So the idea is, not an amendment to say we don’t standards. I have an amendment to do let’s try to make greater protection of want railroad retirement and we are that. We don’t hold them to fiduciary the trust fund. not going to have railroad retirement. standards that we do all other multi- Mr. President, I want to have printed It is an amendment that says they put employer plans. Maybe we should. in the RECORD a table that I have com- together a deal that was negotiated be- I have told some of my colleagues piled, my staff, of the three various tween labor and the employees or the who have been voting and saying they employment assumptions, 1, 2, and 3. unions. They may have cut a good deal want to take up the bill, all right, we I ask unanimous consent that this for the employers, basically saying let are on the bill. I want to consider the table be printed in the RECORD. the fund go almost bankrupt before bill. They say let’s consider amend- you trigger a tax increase. ments. Well, this is an amendment. There being no objection, the mate- We will do that in 20 years. Guess This is an amendment that would help rial was ordered to be printed in the what. Everybody running those compa- the security of the trust fund, make RECORD, as follows: RAIDING THE RAILROAD RETIREMENT TRUST FUND [Daschle amendment ‘versus’ current law (in millions of dollars)]

Railroad Retirement Trust Fund balance employment as- Railroad Retirement Trust Fund balance employment as- Railroad Retirement Trust Fund balance employment as- sumption 1 sumption 2 sumption 3 Year Percent Percent Percent Current law Daschle Change change Current law Daschle Difference change Current law Daschle Difference change

2001 ...... 19,383 19,383 ...... 19,363 19,363 ...... 19,341 19,341 ...... 2002 ...... 20,412 20,504 92 ...... 20,339 20,431 92 ...... 20,254 20,347 93 ...... 2003 ...... 21,484 21,351 (133) ¥1 21,332 21,194 (138) ¥1 21,135 21,014 (121) ¥1 2004 ...... 22,594 22,027 (567) ¥3 22,304 21,756 (548) ¥2 21,973 21,446 (527) ¥2 2005 ...... 23,745 22,698 (1,047) ¥4 23,285 22,273 (1,012) ¥4 22,763 21,790 (973) ¥4 2006 ...... 24,750 23,170 (1,580) ¥6 24,075 22,549 (1,526) ¥6 23,312 21,846 (1,466) ¥6 2007 ...... 25,951 23,753 (2,198) ¥8 25,011 22,887 (2,124) ¥8 23,954 21,913 (2,041) ¥9 2008 ...... 27,176 24,263 (2,913) ¥11 25,915 23,100 (2,815) ¥11 24,506 21,799 (2,707) ¥11 2009 ...... 28,417 24,710 (3,707) ¥13 26,777 23,191 (3,586) ¥13 24,954 21,501 (3,453) ¥14 2010 ...... 29,657 25,096 (4,561) ¥15 27,574 23,158 (4,416) ¥16 25,271 21,011 (4,260) ¥17 2011 ...... 30,724 25,213 (5,511) ¥18 28,129 22,784 (5,345) ¥19 25,273 20,107 (5,166) ¥20 2012 ...... 31,983 25,430 (6,553) ¥20 28,800 22,432 (6,368) ¥22 25,314 19,145 (6,169) ¥24 2013 ...... 33,257 25,567 (7,690) ¥23 29,404 21,916 (7,488) ¥25 25,205 17,930 (7,275) ¥29 2014 ...... 34,550 25,626 (8,924) ¥26 29,939 21,228 (8,711) ¥29 24,940 16,448 (8,492) ¥34 2015 ...... 35,868 25,613 (10,255) ¥29 30,406 20,366 (10,040) ¥33 24,509 14,688 (9,821) ¥40 2016 ...... 37,016 25,337 (11,679) ¥32 30,601 19,130 (11,471) ¥37 23,707 12,441 (11,266) ¥48 2017 ...... 38,423 25,224 (13,199) ¥34 30,945 17,935 (13,010) ¥42 22,943 10,237 (12,706) ¥55 2018 ...... 39,916 25,103 (14,813) ¥37 31,259 16,600 (14,659) ¥47 22,034 7,769 (14,265) ¥65 2019 ...... 41,524 24,998 (16,526) ¥40 31,562 15,136 (16,426) ¥52 20,990 5,166 (15,824) ¥75 2020 ...... 43,278 24,933 (18,345) ¥42 31,876 13,723 (18,153) ¥57 19,823 2,691 (17,132) ¥86 2021 ...... 45,014 24,734 (20,280) ¥45 32,027 12,023 (20,004) ¥62 18,353 309 (18,044) ¥98 2022 ...... 47,142 24,808 (22,334) ¥47 32,420 10,604 (21,816) ¥67 16,977 (2,060) (19,037) ¥112 2023 ...... 49,512 24,983 (24,529) ¥50 32,890 9,660 (23,230) ¥71 15,529 (4,599) (20,128) ¥130 2024 ...... 52,149 25,268 (26,881) ¥52 33,455 8,704 (24,751) ¥74 14,021 (7,316) (21,337) ¥152 2025 ...... 55,079 25,687 (29,392) ¥53 34,132 8,495 (25,637) ¥75 12,461 (10,206) (22,667) ¥182 Source: Railroad Retirement Trust Fund actuaries. Provided by Senator Don Nickles, 12/4/01.

Mr. NICKLES. This compares present Daschle amendment, or the bill we 21-percent payroll tax in the last few law to this bill, under those assump- have before us, we start at $19.3 billion, years. So even with enormous payroll tions. Present law under the employ- and in 25 years we end at $8.5 billion. In tax increases, the fund is still in seri- ment assumption, the middle assump- other words, the trust fund is only ous jeopardy of being able to pay bene- tion, shows in current law a trust fund about—well, it is 75 percent below fits, being able to provide security and balance of $19.3 billion today and $34 where it is today, or where it would be assurances that there is going to be billion in the year 2025. Under the under current law. That is assuming a money there for retirees who maybe

VerDate 04-DEC-2001 01:45 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.068 pfrm01 PsN: S04PT1 S12358 CONGRESSIONAL RECORD — SENATE December 4, 2001 worked most of their lives and depend come out with the same amount of ben- We are in a more uncertain world on it. efit. That is what they mutually than we were, say, 10, 15, 20, 30, 40 years I have put this in the RECORD because agreed upon. Well, what they didn’t do, ago. The actuaries have done the best I want people to see it. I want railroad in my opinion, they didn’t protect the they can with what they have. They management companies to look at fund. The fund goes almost bankrupt made three different projections. One these scenarios and realize, OK, we are before this triggering mechanism to is pessimistic, one is intermediate, one trading current law for this. This may make sure the fund stays solvent is is optimistic. The assumption we have be a great deal for them for the inter- kicked in. That is not to get too tech- been talking about is the intermediate. mediate time. People may say: Why are nical, but they have a 10-year lookback It is not the pessimistic, not the opti- you doing this? Railroad companies average before, and if that average gets mistic; it is the intermediate. will save a few hundred million dollars below 4 years’ annual payments, then I submit that with the annual reports a year—over 10 years, $4 billion; over they have an automatic tax increase. from the actuaries coming to the Con- 15, 17 years, $17.5 billion. Their taxes That waits too long and allows the gress, we will know whether we are are going to be cut. I will put that into fund to go down to 1.3 annual payments getting into trouble or not. the RECORD. Their taxes are going to be before the tax is really kicked in— This is the best solution we could cut over $400 million and that gets maybe it is kicked in in the last couple come up with at this time, and it is larger every year. That is what the years, but it doesn’t catch up. done on a fair, reasonable basis. companies get by reducing the payroll So the fund is in jeopardy. The pay- Taking a more pessimistic analysis tax from present law, $16.1 billion, to ments are in jeopardy. The whole con- than provided by the analysis of the 13.1 percent, and then it eliminates an- cept of paying railroad retirement is in Senator from Oklahoma, the worst other supplemental benefit tax that serious jeopardy because we didn’t do a case is about the year 2020, 2022, and boils down to, I think, 26 cents an hour. good enough job, when we created this that is when the ratio is 1 to two- They eliminate both of those taxes and change, to make sure it would be sol- thirds, balance to costs. The Social Se- save about $400 million a year—‘‘they’’ vent. So I have an amendment—really curity actuary says we can get as low being maybe a dozen railroad compa- a simple amendment—that says in- as 1 to 1. We are not 1 to 1 today in So- nies. They save $400 million a year. stead of looking back over 10 years, cial Security. The Social Security ac- What do the employees get? The em- look back over 5 years. I think it is a tuary says that is the lowest bench- ployees get a pretty good deal. They reasonable amendment, one that if the mark with which he deals. get a deal because they have tier 1 ben- railroad employees could look at, they Under our intermediate assumptions, efits that are supposed to be equal to would support in a minute, absolutely, we do not get that low. We get 1 to Social Security; they pay the same tax. totally, completely. It is a good provi- two-thirds, 1 to 1. I suggest we are even The Social Security tax is equal to 6.2 sion to try to make sure there will be too pessimistic. percent for employees, 6.2 percent for a trust fund there instead of allowing I asked the question of the chief ac- the employer. They pay the identical it to dip so low. tuary how the economic estimates tax, same tax as everybody else in I urge my colleagues to support the have been on employment levels, which America. But they don’t get the same amendment. I yield the floor. is the most difficult estimate to make. benefit. Under Social Security benefits, The PRESIDING OFFICER. The Sen- His response is: Employment levels people receive their full retirement ator from Montana. over the last 5 years—railroad employ- benefits at age 65, which is going to age Mr. BAUCUS. Mr. President, basi- ment—have decreased an average of .9 67. Under railroad retirement, they get cally, this amendment offered by the percent per year. He said this decrease to receive 100 percent benefit now at 62. Senator from Oklahoma is just unnec- is better than assumption 1. Assump- This bill makes that 60. They pay the essary. In fact, he used my chart. My tion 1 is the most optimistic assump- same tax with more benefit. You get chart makes a case that is much worse tion. He says for the last 5 years, the zero if you retire at age 60 under Social than would occur under the bill. actual decrease in employment was .9 Security. If you retire at 62 under So- I am just trying to present the facts percent per year, which is better than cial Security, you get 80 percent of the so people can make a reasonable judg- provided for in assumption 1. We are benefit you were expected to receive at ment. I looked at the balance on a talking about the intermediate, not as- age 65. That 80 percent is being reduced year-by-year basis. That is what that sumption 1. under current law to 70 percent over chart shows. Under the bill before us, He also says employment levels over the next several years. So under Social there is a 10-year rolling average the last 10 years have decreased an av- Security, a person who retires at 62, lookback which means that lower level erage of 1.8 percent which falls some- many years from now, gets 70 percent; on the chart would never get that low where in between assumption 1 and as- and under railroad retirement, they get under the bill. The Senator from Okla- sumption 2. 100 percent benefit at age 60—and they homa wants to change it from 10 to 5. We have been a little too conserv- pay the same taxes. There is a big dif- Even 5 will not get that low. ative actually. The main point is, who ference there. The main point is that many people knows what the world is going to be What about the survivor benefit? have looked at this issue from different like in the year 2020? The Senator from That is a great big benefit increase for directions and have concluded that this Oklahoma takes the most pessimistic railroad retirees. It costs money. How legislation is a good way to deal with assumption and says we cannot have much does it cost? Guess what. It costs the excess balance in the railroad re- that. My Lord, if we are in that bad a about $4 billion a year over the next 10 tirement trust fund. By increasing shape in 18, 19 years, I can tell my col- years. They also have another little some benefits, by lowering taxes, and leagues we are going to be doing a lot benefit: tier 2 benefits, non-Social Se- yet building in some automatic audit- of other things in this body in addition curity benefits, the other railroad re- ing devices, that comports with requir- to railroad retirement. I have con- tirement benefits, a survivor benefit ing the actuary to report whether the fidence in the Congress, in the system. equal to 100 percent of what the em- trust fund is actuarially sound in the We analyzed this thoroughly. We will ployee was receiving. That is pretty current year and succeeding years do well. nice because in most private pension under various economic assumptions. Mr. NICKLES. Will the Senator yield systems the survivor receives 50 per- I do not know how much better we for a question? cent. I wish they could pay that much can do than that. It is very difficult to Mr. BAUCUS. In just a second. I also and more. Who is going to have to pay predict the future. I remind my col- say this measure before us has 73 co- the bill? What are those benefits? They leagues that CBO, in trying to make 10- sponsors. It was considered last year in add up to $4 billion over the next 10 year estimates, let alone the 20 years September in the Finance Committee. years. That is about $400 million per we are talking about here, has varied We had 20 amendments in the Finance year in a couple of years. So it totals its 10-year totals by $1 trillion over a 6- Committee. It passed by a very large about $4 billion over the next 10 years. month period of time. It is because eco- margin in the House. It just happens to come out even that nomic assumptions change so quickly, In sum, this amendment is unneces- the railroad companies and employees so often. sary, and it is also mischievous because

VerDate 04-DEC-2001 01:45 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.070 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12359 if it were to be adopted, this bill would they use a 10-year average. So they are I don’t want the railroad to go insol- have to go to conference. There would on a sliding-down scale before the tax vent, but I don’t want the Federal li- be no railroad retirement bill this ses- increases trigger, so the fund almost ability to apply either. I don’t want sion, and there could be no railroad re- goes bankrupt. It goes down to about our taxpayers across the country to tirement bill this Congress. 1.3 annual payments before they have have to bail this system out because we I urge Members not to agree to this the tax increases, and then they are in did a crummy job of legislating in 2001, amendment. serious trouble. and in 20 years we say: Well, we made Mr. NICKLES. Will the Senator yield Somebody said this is the law; this a mistake. Darn, Senators GRAMM and for a question? does not allow general fund financing, NICKLES were right. Now the railroad Mr. BAUCUS. Yes. which is one of the reasons I happened companies are faced with a huge tax in- Mr. NICKLES. The Senator said I to be concerned about it. Somebody crease they cannot pay. took the most pessimistic assumption. asks: Why are you so concerned? Ulti- The fund is raising towards insol- I correct him. All my statements and mately the Federal Government could vency. Taxpayers, would you please the charts are on the middle assump- be liable. You say: Why? Let me read a give a supplemental. Let us raid a lit- tion, not the most pessimistic assump- couple statements. tle more from Social Security—which tion. The most pessimistic assumption I like to think the railroad compa- they do under this bill, as well. There says this bill has real problems. I did nies would take care of their employ- is about a $2 billion transfer from So- not use that. I used the middle assump- ees, and if they did, I couldn’t care less cial Security to help pay tier 2 bene- tion. what benefits they pay. If this were out fits. That is interesting. I thought we Mr. BAUCUS. I stand corrected. Mr. of the Federal system, they could pay would protect Social Security. But we President, most of his analysis was on whatever benefits they want. I do not have a Social Security bailout for the the intermediate assumption. At one care if they have retirement at age 40 bill. Maybe we will address that short- point, he was talking about the most if they pay for it and the Federal Gov- ly. pessimistic assumption. My response ernment is not liable for it. I do not How else do we fix the fund? Are we was to both. care if they have early retirement. going to write a check? Is the Federal The PRESIDING OFFICER. The Sen- I do not care if they have a spouse Government going to write the check? ator from Oklahoma. benefit that exceeds 100 percent if they I don’t know. Some people in the Mr. NICKLES. Mr. President, I do pay for it. unions say that is what we will do. not want to inflate anything. I am very What I disagree with strongly is if Some in management say that is what particular on being factual. I want to they greatly increase benefits and we will do. I don’t think that is the so- correct a mistake I made in my ear- underfund the system and then say: If lution. liest debate. This came up, frankly, this does not work out, taxpayers, you Let me read the last sentence of the when those of us who had some con- pick up the cost. Why should we be vice president of legislative affairs for cerns about the legislation were in- asking people in Minnesota or Okla- the Association of American Railroads: formed of it on Monday and we were to homa who make $40,000 a year or $20,000 All railroads would face insolvency before debate it on Tuesday. I cited from a year to increase their taxes to pay the federal liability applies. memory that this fund had actually benefits for people who make a lot I don’t want the railroads to become paid out more every year than it had more money than they do and enable insolvent, nor do I want the Federal taken in, to the tune of about $90 bil- them to retire at age 60 when people in taxpayers to become liable for all the lion. That was not factually correct. Oklahoma do not get to retire until generous benefits. These benefits, in The facts are the fund has paid out they are 65 or 67 and then they receive comparison to retirement benefits in more than it has taken in every year benefits far greater than people in the private sector, are very generous— since 1957. For the last 43 years, it has Oklahoma receive. I do not want the overly generous. Find other private actually received payroll taxes, con- people of Oklahoma to have to pay pension systems that offer full retire- tributions from employees, and it has taxes for them to do that. ment at age 60. You won’t find very made benefit payments. The benefit I will read a couple quotes. Sup- many. Find other pension systems that payments have exceeded payroll taxes porters insist the amendment places offer spousal benefits or survivor bene- and company contributions every year responsibility on future benefits on the fits at 100 percent. You won’t find very for the last 43 years, so I was correct railroads in the event investments do many. I doubt the department stores from 1957 on. I wanted to state that, not work out. offer these kinds of benefits. Manufac- and I will insert that in the RECORD as I will read what the railroad industry turing companies don’t offer these ben- well. thinks of its responsibility. This is a efits. Yet we are getting ready to do it. I want to be factually correct. I want quote from the United Transportation Now I read that if it doesn’t work my colleagues to understand that when newsletter dated May of 2000: out, taxpayers ‘‘will bail us out.’’ I state that 20 years from now there is The legislation also requires that the rail- I won’t be in the Senate, or I doubt I going to be a big problem if we do not roads would be responsible if the trust fund will be in the Senate, 20 years from do something because we are getting falls below a certain level. If this happens, a now, but if I am, I guarantee I will be ready to set up a system that allows tax would automatically be placed solely on opposing a taxpayer bailout of this in- this fund to almost go bankrupt, al- the carriers in order to replenish the fund. In dustry. And conversely, I hope there most to where they cannot pay the order to add a final assurance to the integ- rity of the fund, it is still bound by the full will be others opposing this. This will benefits before we let the tax increase faith and credit of the United States Govern- happen. It is a prediction. It will be in trigger. ment. They would be required to pay the ob- the CONGRESSIONAL RECORD. Some people have said: This is self- ligations of the fund if, for some reason, the I hope I am wrong. I hope they find funding. This is great. We are going to other safety nets in place were insufficient. investments that do enormously well. keep these fund balances between four Earlier this year, the Lincoln Jour- They might find good investments such and six times annual payments for the nal Star—on 8/15 of this year—stated: as Intel, 10 years ago, going up in mul- next 75 years. If the trust fund balances Other unions and the Association of Amer- tiples. They might also find invest- go up, they make good investments, ican Railroads are promoting the bill as a ments such as Enron. I am concerned. they invest in a lot of stocks that did self-financed shoo-in. In fact, the U.S. gov- Everybody indicated this is not so bad. exceptionally well, great; they can ernment would still back the retirement I have not raised this on the general have payroll tax cuts. fund, acknowledged Obie O’Bannon, vice issue of debate. This investing in pri- If they do poorly, if they get below president of legislative affairs for the asso- vate funds is a good idea. I love for pri- that four, we will have automatic pay- ciation. But, he pointed out, the ‘‘automatic vate individuals investing for them- roll tax increases on the employer, not tax ratchet’’ would require the railroads to selves to buy parts of different compa- kick in more money any time the fund’s bal- the employee. Fine, if that works. ance is below four times annual benefits, so nies. I am reluctant to think: What Under the middle assumption, the that’s protection that would mean all U.S. will this board invest in? Mr. Presi- tax increases are not triggered until railroads would face insolvency before the dent, $15 or $16 billion is a lot of well after the fund is depleted because Federal liability applies. money. What companies will they buy?

VerDate 04-DEC-2001 01:45 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.073 pfrm01 PsN: S04PT1 S12360 CONGRESSIONAL RECORD — SENATE December 4, 2001 Are they going to be politically cor- tions. We have to do the best we can 5 years instead of 10 years; that it is rect? Would they buy Microsoft? Our with what we have. The vast majority not fair that survivor’s benefits for a Government was suing Microsoft. I of Senators and House Members have survivor would be 100 percent instead guess they still have suits pending considered and concluded that this is a of, say, 45 percent. And the point is against Microsoft. Maybe that is not fair way to deal with this issue. This made under Social Security retirees’ politically correct. What about to- issue, if it arises, will not arise, accord- survivors get benefits at a later age. So bacco? Our Government in the previous ing to the basis of this debate, for an- isn’t this some special deal that rail- administration was going after to- other 20 years. So we are talking about road retirees are getting? It is not fair. bacco. Philip Morris was a good invest- what may or may not occur in 20 years. On the face of it that is a question. ment the last year. Microsoft was a Because of the annual reports provided But, as they say, that is only half of good investment the last year. Would in the bill and the actuarial estimates the story. In the rest of the story, the they be buying utility companies? A on an annual basis, when it gets closer facts are that tier 2 in railroad retire- lot of utility companies are being sued to 20 years from now, we will have an ment is very comparable to a private for a lot of different reasons. Do they idea whether or not this is working. If pension plan that a company may have have to wash their hands from invest- it is not working, we will make adjust- for its employees. The company’s em- ments? ments. This amendment is totally un- ployees—retirees, say—would receive I have concerns when you have a necessary. benefits under Social Security, tier 1 in board comprised of rail management A couple of other points. The Senator the railroad system, and they receive representatives, union representatives, mentioned there is a lot of Social Secu- benefits under their pension plan, tier 2 and they select one additional person rity money going into railroad retire- in the railroad industry. Many pension they mutually agree upon to invest bil- ment. I will address that. It is a point plans provide for an earlier retirement lions and billions. I have reservations that is not commonly understood. In age—not 65 or up to 67, as required in about that. That is not what I raised America today, clearly, there is a wide Social Security, but at an earlier age. this issue on. variety of industries. Some are new Those people pay Social Security. For the information of colleagues, we young industries, service industries; Those are Social Security retirees. will vote on the Gramm amendment some are older, mature industries, such How does all that work out? What is and the Nickles amendment starting as railroad or mining industries. Indus- happening here? around 4:30. For the information of our tries come and go. They expand. They It is very simple. In the private sec- colleagues, we will have the joint pray- are just different, which means they tor pension plans participate in what is er service, which we desperately need, have different ratios of the number of called a bridge with Social Security; starting at 5 o’clock. The amendment I employees paying into Social Security that is, under Social Security the re- am offering says, before we allow the compared with retirees receiving So- tirement age is 65, but under the pri- trust funds to be depleted on such a cial Security in that industry. vate pension plan if you fully vest—say steep decline, if a 5-year average gets Social Security, of course, doesn’t 30 years employment at, say, 60—the below 4 years, annual payments trigger collect and pay on an industry basis. It private pension plan makes up the the tax increases at that time instead collects and pays on a national basis. It amount that Social Security does not of using the 10-year average. That is a large pool of Americans, American pay. It is called a bridge. That is how would keep this a lot more shallow. It workers paying into Social Security, it works and it makes sense. If Social will keep the fund probably well above and there are a large number of retir- Security does not provide those bene- 2 or 3 in the annual balance statement, ees in America receiving benefits. fits for early retirement age, then the So as a practical matter, if we look certainly above 2—not allowed to dip private pension plan provides the bene- at an industry, say a mature industry down so deep. That is for the protec- fits. That is what is happening in this where there are fewer employees pay- tion of the railroad retirees and for the legislation. It is just the same. ing into a Social Security trust fund, protection of taxpayers, to make sure That is, tier 2 would provide the we will not have to do what the United and a lot of retirees receiving benefits, in effect there is a transfer of Social extra benefits under a bridge to tier 1, Transportation Newsletter said: We in effect. Actually, they don’t provide can always fall back on the full faith Security to that industry away from a younger industry where there are so it in tier 1. It is just that the extra ben- and credit of the U.S. Government. efits go to the retiree to make up the I hope that doesn’t happen. I will many more employees paying in and so difference. work energetically to see it doesn’t many fewer retirees receiving benefits. happen. If we keep the trust balance In effect, that is what happens today in I submit, railroading is pretty haz- more level, it will not happen. America under Social Security. That is ardous. It is a dangerous industry. And I urge my colleagues to support the what is happening today in railroad re- a 62 retirement age—excuse me, a 60 re- amendment that would say, instead of tirement under tier 1, which is essen- tirement age after 30 years of hard having a 10-year lookback before you tially Social Security. Because it is a work as a railroader certainly seems trigger an automatic tax increase, do it mature industry and because there are fair to me. There are other industries over 5 years so we don’t allow the trust fewer employees—railroaders in the in- not as dangerous or demanding, but fund balances to go as low as they are dustry, compared with the number of this one certainly is. It is a dangerous now projected to by the railroads’ own retirees proportionate to the average industry. actuaries of the pension plan. industry in America—there are trans- It has been suggested that ERISA I yield the floor. fers in effect to railroad retirees under provisions ought to apply. Railroad Mr. BAUCUS. Mr. President, I don’t tier 1 as is the case for all industries pensions should be fully funded, and see any other Senators wishing to and for all workers in America today. this is not fully funded—as is the case speak, and the leadership would like to There is no difference. There is no dif- under ERISA, which is what applies to schedule these votes around 4:30, so we ference. most private pension plans. have 15 more minutes. I will take that So it sounds as if Social Security is First of all, Social Security is not time to make a couple of points. helping out unfairly, enriching railroad fully funded. Maybe it should be. We First, this amendment offered by the retirees under tier 1. It just is not be- would like to work in that direction, Senator from Oklahoma simply is un- cause the Social Security tier 1 em- but it is not today. But more impor- necessary. It is true that there is a dip. ployees are treated the same way as tant, to fully fund the railroad retire- The fact is, on a yearly basis the dip is are employees in a mature industry re- ment plan would require the injection as represented on that chart, but the ceiving benefits. of $40 billion. Then it could be fully bill before the Senate will not be as low The second point is it has been sug- funded. We do not have $40 billion. I as represented on the chart. Even if it gested here that it is not fair to lower think the total revenue of the railroad is as low as represented on the chart, the retirement age to 60 from 62. After system in America is about $40 billion this is unnecessary. all, the retirement age under Social per year, and I think the income per It is true that there is a question in Security is higher. It has been sug- year is close to $4 billion in the rail- the year 2021. There are a lot of ques- gested that it is not fair to vest earlier, road industry.

VerDate 04-DEC-2001 01:45 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.075 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12361 Still more to the point, this trust get it, Congress did not give it to Benefit Accounts under Employment fund, tier 2, would have about $40 bil- them—today that would be worth Assumption II.’’ lion today, an extra $40 billion, if Con- about $30 billion, $40 billion. It basically says let’s transfer $1.586 gress in the past had lived up to its If Congress had lived up to its word billion in from Social Security, or the word. It would have it. What am I say- in the past, we could come close to tier 1 fund, into the tier 2 fund. Social ing? having enough dollars in the fund to Security is subsidizing tier 2 benefits. Many years ago, Congress—I think it make it fully funded and ERISA appli- I also state to my colleagues, a real was in 1950—passed something called cable. But ERISA cannot be applicable solution would be if tier 1 is supposed dual benefits. The effect of it is that today because it is $40 billion short be- to be equivalent to Social Security, railroad retirees got dual benefits. cause Congress didn’t live up to its and people want that—and then as Sen- They got twice the benefits. word. Nevertheless, I think the provi- ator BAUCUS says, tier 2, if they want Clearly, that got to be a lot of money sions in this bill requiring all these re- to subsidize Social Security for a lower for the trust fund. If they get double ports assure us of notice, adequately in retirement, they can do that—let’s just benefits for Social Security compared advance, whether or not there is going put them under Social Security so we with other retirement systems, that to be a problem during the next 20 do not intermingle these funds. There adds up pretty quickly. Congress de- years. It could be just the opposite. It is a little raiding going on. Under this cided to change that, in 1974—to end could be a lot better than we expect. bill, there is about $2 billion, then, $80- that. Congress said we are going to end But if it is worse than we expect, there some million almost every year, and this dual benefits idea. It is just too ex- will be more than enough benefits for then it increases to almost $100 million pensive. It is just too much. Congress to be able to change it. every year that is transferred from tier But we, Congress, will grandfather in The PRESIDING OFFICER. The Sen- 1 to tier 2. prior retirees so they do not get less ator from Oklahoma. I do not like it. We are raiding the than they thought they were going to Mr. NICKLES. Mr. President, I will Social Security fund. get. So as a practical matter, that ask unanimous consent to have printed I ask unanimous consent to have this would have been—those benefits paid in the RECORD the ‘‘Railroad Retire- table printed in the RECORD. prior to 1974 would have been about $3.5 ment and Survivors Improvement Act There being no objection, the mate- billion. If the railroad retirement sys- of 2001 Progress of the Railroad Retire- rial was ordered to be printed in the tem had that $3.5 billion—they did not ment and Social Security Equivalent RECORD, as follows: TABLE 3–II.—RAILROAD RETIREMENT AND SURVIVORS’ IMPROVEMENT ACT OF 2001 [Progress of the Railroad Retirement and Social Security Equivalent Benefit Accounts under Employment Assumption II (dollar amounts in millions)]

Railroad Retirement Account Social Security Equivalent Benefit Account Railroad Retirement Trust Fund Com- Interest Tier 2 Benefits Benefits bined Calendar year rate tax rate and ad- Tax in- Other Transfer Balance, and ad- Tax in- Interest Other Transfer Balance, Benefit Balance balance (percent) (percent) minis- come inc/exp to RRTF end year minis- come income inc/exp to RRTF end year pay- Income end year end year tration tration ments

2001 ...... 5 21.0 $3,127 $2,870 $1,056 ...... $17,913 5,265 2,225 $77 $2,653 ...... $1,450 ...... $19,363 2002 ...... 8 20.5 57 2,816 ...... $20,673 ...... 5,335 2,254 73 3,145 $1,586 ...... $3,371 $23,802 $20,431 20,431 2003 ...... 8 19.1 59 2,682 ...... 2,623 ...... 5,395 2,279 17 3,181 82 ...... 3,554 4,317 21,194 21,194 2004 ...... 8 18.0 62 2,582 ...... 2,521 ...... 5,489 2,307 18 3,247 83 ...... 3,706 4,267 21,756 21,756 2005 ...... 8 18.0 64 2,621 ...... 2,557 ...... 5,611 2,337 18 3,341 85 ...... 3,830 4,348 22,273 22,273 2006 ...... 8 18.0 67 2,661 (84) 2,510 ...... 5,735 2,367 17 3,351 ...... 3,971 4,247 22,549 22,549 2007 ...... 8 18.0 69 2,703 89 2,722 ...... 5,854 2,395 19 3,440 ...... 4,144 4,483 22,887 22,887 2008 ...... 8 18.0 72 2,746 2 2,676 ...... 5,991 2,423 19 3,637 89 ...... 4,334 4,547 23,100 23,100 2009 ...... 8 18.0 75 2,789 ...... 2,714 ...... 6,160 2,453 20 3,781 93 ...... 4,511 4,602 23,191 23,191 2010 ...... 8 18.0 78 2,833 ...... 2,755 ...... 6,353 2,485 20 3,944 96 ...... 4,682 4,649 23,158 23,158 2011 ...... 8 18.0 81 2,879 (90) 2,708 ...... 6,555 2,517 20 4,019 ...... 4,864 4,490 22,784 22,784 2012 ...... 8 18.0 84 2,926 97 2,939 ...... 6,769 2,551 22 4,201 5 ...... 5,052 4,700 22,432 22,432 2013 ...... 8 18.0 88 2,975 ...... 2,888 ...... 6,997 2,588 22 4,492 106 ...... 5,232 4,716 21,916 21,916 2014 ...... 8 18.0 91 3,026 ...... 2,934 ...... 7,235 2,626 23 4,695 109 ...... 5,408 4,721 21,228 21,228 2015 ...... 8 18.0 95 3,078 ...... 2,983 ...... 7,477 2,667 24 4,899 113 ...... 5,576 4,713 20,366 20,366 2016 ...... 8 18.0 99 3,131 (84) 2,948 ...... 7,725 2,711 23 4,990 ...... 5,721 4,485 19,130 19,130 2017 ...... 8 18.0 103 3,184 91 3,173 ...... 7,971 2,759 25 5,216 30 ...... 5,842 4,647 17,935 17,935 2018 ...... 8 18.0 107 3,240 ...... 3,133 ...... 8,205 2,810 26 5,493 124 ...... 5,940 4,605 16,600 16,600 2019 ...... 8 18.0 111 3,297 ...... 3,186 ...... 8,424 2,865 27 5,660 127 ...... 6,017 4,553 15,136 15,136 2020 ...... 8 19.0 115 3,516 ...... 3,401 ...... 8,621 2,922 27 5,802 130 ...... 6,074 4,661 13,723 13,723 2021 ...... 8 19.0 120 3,579 (58) 3,401 ...... 8,797 2,982 27 5,788 ...... 6,111 4,411 12,023 12,023 2022 ...... 8 20.0 123 3,811 63 3,751 ...... 8,951 3,045 29 5,951 72 ...... 6,132 4,713 10,605 10,604 2023 ...... 8 23.0 123 4,393 ...... 4,270 ...... 9,087 3,108 29 6,087 137 ...... 6,151 5,206 9,660 9,660 2024 ...... 8 23.0 123 4,473 ...... 4,350 ...... 9,207 3,173 29 6,144 139 ...... 6,170 5,215 8,704 8,704 2025 ...... 8 27.0 124 5,268 ...... 5,145 ...... 9,323 3,239 30 6,195 141 ...... 6,176 5,967 8,495 8,495 Source: Railroad Retirement Board actuaries, 12/3/01.

Mr. NICKLES. Mr. President, we can has been going on with this fund for a statement, but I wanted to have the solve that by putting all railroad em- long time. facts with these charts substantiating ployees, like we put all new Federal Also, I ask unanimous consent to my oral comments. employees, under Social Security. We have printed in the RECORD a table that did it. We put Members of Congress I have that shows the benefits for em- There being no objection, the mate- under Social Security. To me, it would ployees and the benefits for railroad rial ordered to be printed in the help this problem so we would get away companies, or management, on a year- RECORD, as follows: from this little financial wiggling that to-year basis. I alluded to this in my RAILROAD RETIREMENT: H.R. 1140 AS PASSED BY THE HOUSE [In millions of dollars]

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total

Reduction in Retirement Age ...... 37 121 192 228 259 305 359 397 420 443 2,761 Expansion of Widow/er Benefits ...... 83 92 94 95 97 100 102 104 106 108 981 Repeal of RRR Benefit Ceiling ...... 11 14 15 16 18 19 20 22 24 26 185 Reduction in Vesting Requirements ...... * * * * *111126

New Benefits for Labor ...... 131 227 301 339 374 425 482 524 551 579 3,933 Adjustment in Tier II Tax Rate ...... (59) (198) (329) (362) (366) (374) (379) (383) (384) (386) (3,220) Repeal of Supplemental Annuity Tax ...... (59) (79) (81) (79) (77) (76) (75) (75) (74) (74) (749)

Tax Cuts for Management ...... (118) (277) (410) (441) (443) (450) (454) (458) (458) (460) (3,969) Stock Market Investment of Trust Funds ...... 15,320 (460) (660) (830) (920) (990) (1,060) (1,140) (1,250) (1,340) 6,670 Change in Deficit/Surplus ...... (15,569) (44) (51) 50 103 115 125 159 242 302 (14,568) Source: CBO: Provided by Senator Don Nickles, 11/26/01.

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.091 pfrm01 PsN: S04PT1 S12362 CONGRESSIONAL RECORD — SENATE December 4, 2001 The PRESIDING OFFICER. The Sen- lier. Let us use the 5-year average in- Byrd Feingold Miller Cantwell Feinstein Murkowski ator from Montana. stead of the 10-year average. Carnahan Graham Murray Mr. BAUCUS. Mr. President, I ask I used to do this work. Anybody who Carper Hagel Nelson (FL) unanimous consent that there be 4 talks to their actuary will say that Chafee Harkin Nelson (NE) minutes for debate prior to the vote in makes a lot of sense. Waiting for a 10- Cleland Hatch Reed Clinton Hollings Reid relation to the Gramm amendment No. year average would be absurd. Collins Hutchinson Roberts 2196; that regardless of the outcome of I yield the floor. Conrad Inhofe Rockefeller the vote, there be 4 minutes of debate Mr. BAUCUS. Mr. President, this Corzine Inouye Sarbanes prior to the vote in relation to the Craig Jeffords Schumer amendment is, first, totally unneces- Crapo Johnson Shelby Nickles amendment No. 2175 with the sary. The actuaries project that the Daschle Kennedy Smith (OR) time equally divided and controlled in balance of the fund without this bill Dayton Kerry Snowe the usual form, and that no second-de- over 75 years will be at least one and DeWine Kohl Specter Dodd Landrieu Stabenow gree amendments be in order to either one-thirds above the benefits paid. Domenici Leahy Stevens amendment nor the language that may That is the lowest level; that is, about Dorgan Levin Torricelli be stricken. the year 2002, which is significantly Durbin Lieberman Warner Mr. REID. Mr. President, reserving Edwards Lincoln Wellstone more than the short-term actuarial Enzi Mikulski Wyden the right to object, I wonder if Senator balance necessary for Social Security. NICKLES will also agree that we have 1 One and two-thirds; one for Social Se- NOT VOTING—1 minute on each rather than 4 minutes. curity. Hutchison The Senator wants 4? This amendment is totally unneces- The amendment (No. 2175) was re- The PRESIDING OFFICER. Is there sary. It is, second, a killer amendment. jected. objection? Without objection, it is so If this amendment is agreed to, we will Mr. KERRY. Mr. President, I move to ordered. go to conference. There are not many reconsider the vote and I move to lay Who yields time? days left in the session. There will be that motion on the table. Mr. BAUCUS. Mr. President, I ask no railroad retirement bill passed this The motion to lay on the table was unanimous consent that the amend- year and probably not in this Congress. agreed to. ments the Senate gave consent to ear- It is unnecessary and I particularly AMENDMENT NO. 2196 lier be reversed so the first vote will be urge Members to oppose it. The PRESIDING OFFICER. Under on the Nickles amendment No. 2175 and The underlying bill requires many the previous order, there are 4 minutes the second vote will be on the Gramm audit reports, financial and actuarial evenly divided with respect to the amendment No. 2196. reports on a yearly basis on the Gramm amendment. The Senator from Montana is recog- The PRESIDING OFFICER. Is there strength, viability, and the health of nized. objection? Without objection, it is so this trust fund. We will have plenty of ordered. Mr. BAUCUS. Mr. President, this is time and many years in advance to see an amendment offered by the Senator Who yields time? whether or not some of the dire pre- from Texas, Mr. GRAMM. I strongly Mr. NICKLES. Mr. President, this dictions made in this Chamber are ac- amendment is to help protect the sol- urge Members to not vote for it. It is curate. unnecessary. There are actuarial re- vency of the trust fund. As the chart We have a hard time knowing 10-year shows, the trust fund falls under the ports required in this bill to the Con- budgets in the budget process around gress, and financials are required annu- middle scenario. The trust fund falls here. We are talking about 20 years from about 6 years’ of payments. There ally. We will know well in advance of down the road. A, it is not necessary; any potential problem that may occur is enough money in the trust fund to B, a lot of reports, if the dire pre- pay 6 years’ worth of benefits. Under in 20 years. This is a killer amendment. dictions do come true; and, C, it is a If it passes, we have to go to con- that scenario, if we pass this bill, killer amendment. which we are going to do, it goes down ference. That means no bill this year. I I urge colleagues to oppose this urge Members not to support this to about 1.3. I keep hearing 1.6. I be- amendment. lieve it is 1.3—barely enough to pay 1 amendment. Mr. NICKLES. Mr. President, I ask The PRESIDING OFFICER. Who years’ benefit. That is because we use a for the yeas and nays. yields time? 10-year average looking back. The fund The PRESIDING OFFICER. Is there a The Senator from Texas. has to fall so far before the tax in- sufficient second? Mr. GRAMM. Mr. President, the crease is triggered. There is a sufficient second. amendment is very simple. The amend- Under this amendment, we strike the The question is on agreeing to the ment before us says you can invest the 10 years and say let us make it 5. As amendment. The clerk will call the railroad retirement trust fund, you can the fund balance starts to fall under roll. invest it in stocks and bonds, but you the railroad retirement assumption, it The assistant legislative clerk called cannot spend out of it until you have falls all the way down to $8 billion. We the roll. earned something on the investment. pay $8 billion in benefits right now. Mr. NICKLES. I announce that the Under the bill before us, you lower I am saying, let us not let it go quite Senator from Texas (Mrs. HUTCHISON) the amount of money going into the that low. Let us look back over 5 be- is necessarily absent. fund and you raise benefits before one cause if it starts falling, that fund gets The PRESIDING OFFICER (Mr. penny is earned, before one investment below the 4 years’ payments—enough REED). Are there any other Senators in is made, and in fact you take money to pay for 4 years’ worth of benefits—if the Chamber desiring to vote? out so quickly that you deplete 75 per- it gets below that, let us have the tax The result was announced—yeas 27, cent of the trust fund before the tax on increase triggered then. Not 10 years, it nays 72, as follows: railroads has to rise from 13.1 percent will be 5 years out. [Rollcall Vote No. 348 Leg.] to over 22 percent in order to maintain That will keep the fund solvent for absolute minimum solvency. railroad retirees. It will decrease the YEAS—27 The amendment before us simply pressure on the railroad companies Allard Frist McConnell says invest the money, earn income on Bennett Gramm Nickles later on. It also gives some protection Bond Grassley Santorum the money, use the income to lower to taxpayers. It will decrease the like- Bunning Gregg Sessions taxes to fund railroad retirement and lihood that there will be a bailout or a Burns Helms Smith (NH) to increase benefits, but don’t spend necessity for a bailout to be falling on Campbell Kyl Thomas the trust fund’s money, spend the earn- Cochran Lott Thompson general revenues or general taxpayers Ensign Lugar Thurmond ings on the money. It is an eminently in the year—whether it is 2015, 2017, or Fitzgerald McCain Voinovich reasonable amendment. It is in no way 2021, I do not know. Let us not let the NAYS—72 a gutting amendment. If we could have fund go all the way down to almost 1 gone to committee with a bill, I believe Akaka Bayh Boxer year’s payment before we trigger a tax Allen Biden Breaux this would have been the solution. I un- increase. Let us do it a little bit ear- Baucus Bingaman Brownback derstand my colleagues are for the bill,

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.093 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12363 but I think this is a prudent way of The extent of commuter rail’s growth I urge all my colleagues to join me in doing it. Make the investments, do it over recent decades is made clear by standing up for our railroad retirees exactly as the bill would do it, but looking at the number of workers that and their families and support this don’t spend the principal, spend the it employs. Nationally, roughly one- very important bill. earnings. Don’t do the things the bill quarter of all rail employees work for Mr. REID. I move to reconsider the calls for until you have the money in commuter and passenger rail, and it is vote by which the amendment was hand. expected that this number will grow agreed to. I think that is a simple principle. substantially in the future. Mr. NICKLES. I move to lay that mo- The people understand it. I would ap- For these reasons, I believe com- tion on the table. preciate if they would vote for it. muter rail, because of its growing size, The motion to lay on the table was The PRESIDING OFFICER. The importance, and impact, should be rep- agreed to. question is on agreeing to the amend- resented on the Railroad Retirement f ment. Board of Trustees that is created by this bill. As this bill moves forward in NATIONAL DAY OF Mr. BAUCUS. Mr. President, I ask for RECONCILIATION the yeas and nays. the legislative process, I hope that I The PRESIDING OFFICER. Is there a will be able to work with the chairman Mr. REID. Senator BROWNBACK and sufficient second? and ranking member of the Senate Fi- Senator AKAKA have asked me to make There is a sufficient second. nance Committee and other conferees this announcement. They have worked The clerk will call the roll. to ensure that commuter rail is rep- very hard on a piece of legislation The legislative clerk called the roll. resented on the Board of Trustees. which is now law, setting forth today Mr. NICKLES. I announce that the Ms. MIKULSKI. Mr. President, I rise as a National Day of Reconciliation. in strong support of the Railroad Re- Senator from Texas (Mrs. HUTCHISON) Members of the House of Representa- is necessarily absent. tirement and Survivors’ Improvement tives and the Senate are encouraged to The PRESIDING OFFICER. Are there Act of 2001. Finally, Congress is going attend. The meeting is taking place in any other Senators in the Chamber de- to consider this important bill. I have the Rotunda of the Capitol as we been working to improve the benefits siring to vote? speak. It just started. During assem- for our retired railroad workers for The result was announced—yeas 21, bly, Members of both Houses gather to many years. Today, we can finally say nays 78, as follows: seek the blessings of Providence for that promises made are promises kept forgiveness, reconciliation, unity, and [Rollcall Vote No. 349 Leg.] to our rail workers and their families. charity for all of the people of the YEAS—21 The people who have made their con- United States, thereby assisting the Allard Fitzgerald Lugar tribution to family and to society by Nation to realize its potential as a Bond Frist McCain working on our Nation’s railroads de- Bunning Gramm McConnell champion of hope, a vindicator of the Burns Gregg Nickles serve a decent retirement. I know the defenseless, and the guardian of free- Campbell Helms Smith (NH) job that railroad employees perform is dom. Cochran Kyl Thomas very hard, very important work. Our I hope all who are able will drop what Ensign Lott Thompson country has an obligation to help those they are doing and make themselves NAYS—78 who have worked hard, saved, and available at the Capitol Rotunda. It Akaka Domenici Mikulski played by the rules. That is why I am will go until 7 p.m. today. Allen Dorgan Miller proud to have been a sponsor of Rail- I suggest the absence of a quorum. Baucus Durbin Murkowski road Retirement Improvement legisla- Bayh Edwards Murray The PRESIDING OFFICER. The Bennett Enzi Nelson (FL) tion for many years and am proud to be clerk will call the roll. Biden Feingold Nelson (NE) a supporter of this bill. The legislative clerk proceeded to Bingaman Feinstein Reed I have been fighting to improve the call the roll. Boxer Graham Reid benefits for railroad workers and their Mr. REID. Mr. President, I ask unan- Breaux Grassley Roberts Brownback Hagel Rockefeller families since I was first elected to imous consent the order for the Byrd Harkin Santorum Congress. The retirement age for rail- quorum call be dispensed with. Cantwell Hatch Sarbanes road workers and their spouses to qual- The PRESIDING OFFICER. Without Carnahan Hollings Schumer ify for railroad retirement benefits Carper Hutchinson Sessions objection, it is so ordered. Chafee Inhofe Shelby should be lowered. It is difficult for f Cleland Inouye Smith (OR) people and families to plan for their re- Clinton Jeffords Snowe tirement in today’s world, even with MORNING BUSINESS Collins Johnson Specter Mr. REID. Mr. President, I ask unan- Conrad Kennedy Stabenow two salaries. That is why strength- Corzine Kerry Stevens ening retirement benefits for all Amer- imous consent that we now proceed to Craig Kohl Thurmond icans has always been one of my high- a period of morning business with Sen- Crapo Landrieu Torricelli est priorities. ators permitted to speak for not to ex- Daschle Leahy Voinovich Dayton Levin Warner This bill is bipartisan. The House ceed 10 minutes each. DeWine Lieberman Wellstone passed their version of this important The PRESIDING OFFICER. Without Dodd Lincoln Wyden bill by an overwhelming vote of 384–33. objection, it is so ordered. NOT VOTING—1 Seventy-four of my colleagues are co- f sponsors of the Senate version of the Hutchison THE DEATH OF MRS. ELISABETH Railroad Retirement and Survivors’ THURMOND OF NORTH AUGUSTA, The amendment was rejected. Improvement Act of 2001. The support Mr. FITZGERALD. Mr. President, I for this measure is clear, and the time SC would like to bring attention to one to act is now. Mr. THURMOND. Mr. President, I particular segment of the railroad in- The Railroad Retirement and Sur- rise today in remembrance of Mrs. dustry—commuter rail. As a Senator vivor’s Improvement Act expands bene- Elisabeth T. Thurmond, my sister-in- from Illinois, I have had the oppor- fits for the widows of rail employees law and a valued member of the com- tunity to become very acquainted with and lowers the minimum retirement munity of North Augusta, SC, who the excellent commuter rail system age at which employees with 30 years passed away Friday, November 16, 2001, that serves Chicago and northeastern of experience are eligible for full retire- at the age of 90. Illinois. This system—Metra—is the ment benefits to 60 years old. This leg- Elisabeth Thurmond, who was mar- second largest commuter rail system in islation also reduces the number of ried to my late brother Dr. J. William the country and is a key part of the years required to be fully vested for Thurmond, will be remembered as a overall, growing, commuter rail indus- tier II benefits and expands the sys- caring and generous woman. She was try. Metra employs between 2,500 and tem’s investment authority by cre- known for volunteering much of her 3,000 workers, nearly all of whom are ating an independent, non-govern- time to serve the people of North Au- covered under the Railroad Retirement mental Railroad Retirement Trust gusta and she made significant con- Board benefit plan. Fund. tributions to her community in a host

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.095 pfrm01 PsN: S04PT1 S12364 CONGRESSIONAL RECORD — SENATE December 4, 2001 of areas. For example, she was a char- ADDITIONAL STATEMENTS William Dean, Post Falls, ID, Post Falls ter member of Fairview Presbyterian School District 273, Adolescence and Young Church and served in a variety of roles Adulthood/English Language Arts. CONGRATULATING IDAHO’S NA- Lisa Dreadfulwater, Nezperce, ID, Nezperce within the church, including as a trust- 302, Early Childhood/Generalist. ee and a Sunday school teacher. Fur- TIONAL BOARD CERTIFIED TEACHERS Julie Elliott, Tampa, ID, Nampa 131, Mid- thermore, Mrs. Thurmond worked to dle Childhood/Generalist. help improve the educational system of ∑ Mr. CRAPO. Mr. President, I rise Anne Marie Elmore, Bellevue, ID, Blaine North Augusta. She was very active in today to honor a very special group of County, Early Childhood/Generalist. school PTAs and served as the chair- educators in my home State of Idaho. Joanna Ferris, Inkom, ID, Marsh Valley woman of the North Augusta Parent Last month, sixty-six teachers re- School District No. 21, Early Childhood/Gen- eralist. Teacher Association Council that ceived a National Board Certification from the National Board for Profes- Paula Fisher, Boise, ID, Meridian Joint helped to establish the Paul Knox Edu- School District No. 2 Adolescence and Young cational Endowment Fund. In addition, sional Teaching Standards, the highest Adulthood/English Language Arts. she was a member of countless boards professional credential in the field of Elaine Forsnes, Rexburg, ID, Madison 321, and councils and often held important teaching. With the addition of these in- Adolescence and Young Adulthood/Mathe- leadership positions such as a seat on dividuals, there are now 272 National matics. Victoria Francis, Boise, ID, Independent the Board of Directors of the North Au- Board Certified Teachers in Idaho. High-quality teachers are the most School District of Boise, Early Adolescence gusta Chamber of Commerce. Clearly important assets to any educational through Young Adulthood/Career and Tech- Elisabeth Thurmond lived a life full of system. In order to gain a National nical Education. civic accomplishment, and she was Janet Greer, Eagle, ID, Meridian School Board Certification, these teachers vol- honored for her service as the 1981 District, Adolescence and Young Adulthood/ untarily, often at great personal ex- English Language Arts. North Augusta Citizen of the Year. pense and sacrifice, submit to a nearly However, the impact of Mrs. Thur- Victor Haight, Meridian, ID, Meridian yearlong performance-based assess- School District, Early Adolescence through mond’s good deeds were seen not only ment. They must demonstrate their Young Adulthood/Art. by the people of North Augusta but mastery in several areas including: Connie Hawker, Pocatello, ID, School Dis- also across State lines. She was very Knowledge of subject matter; ability to trict 25, Early Childhood/Generalist. active with the local chapter of the effectively teach their subjects to stu- Esther Kaye Henry, Rigby, ID, Joint Girl Scouts of America for many years dents; and ability to manage and meas- School District No. 251, Adolescence and Young Adulthood/English Language Arts. and, after serving as member of the Re- ure student learning. In fact, the State gional Board of Directors for the Girl Nick Hoffman, Wallace, ID, Wallace 393, of Idaho recognizes teachers who gain a Adolescence and Young Adulthood/Science. Scouts of America, she was named a National Board Certification as ‘‘mas- Katholyn Howell, Shelley, ID, Shelley member of the national board of direc- ter teachers.’’ I commend these edu- School District 60, Middle Childhood/Gener- tors of the organization. cators for the dedication and sacrifice alist. In conclusion, Mrs. Elisabeth Thur- it takes to successfully complete this Susan Hufford, Boise, ID, Meridian School mond was a woman of character and in- program. Not only do they benefit in District, Early Adolescence/English Lan- tegrity. She lived a life of great accom- guage Arts. their teaching techniques, but Idaho’s Laurel Jensen, Montpelier, ID, Bear Lake, plishment and made wonderful con- school children benefit through their Middle Childhood/Generalist. tributions to the city and people of dedication. Mari Knutson, Caldwell, ID, Caldwell North Augusta. Our State is a better Each one of these teachers has School District 132, Middle Childhood/Gener- place because of all her hard work, and touched countless lives of students. alist. the impact she made in the lives of They have been diligent in the trust Christine Lawrence, Meridian, ID, Joint others will be felt long after her pass- that has been given to them by parents District 2, Meridian Idaho, Middle Childhood/ ing. She was a true American and a throughout Idaho. It is appropriate Generalist. Marietta Leitch, Nezperce, ID, Nezperce fine South Carolinian, and she will cer- that we honor them today and recog- Joint School District No. 302, Early Child- tainly be missed by a wide circle of nize how hard they have worked to hood/Generalist. friends. achieve this certification. Sometimes Kim Lickley, Jerome, ID, Joint Jerome, these types of recognitions are only Early Childhood/Generalist. f hung on walls, and that rarely provides Eric Louis, Coeur D’alene, ID, Coeur the public acknowledgement of the D’alene 271, Adolescence and Young Adult- achievement. For this reason, I wanted hood/English Language Arts. LOCAL LAW ENFORCEMENT ACT Denise Diane Martell, Idaho Falls ID, OF 2001 to rise today and share with the U.S. Idaho Falls 91, Early Childhood through Senate how important this achieve- Mr. SMITH of Oregon. Mr. President, Young Adulthood/Exceptional Needs Spe- ment is to the education of young Ida- cialist. I rise today to speak about hate crimes hoans. Kristine Martin, Aberdeen, ID, Aberdeen, legislation I introduced with Senator I ask that the names of the sixty-six Middle Childhood/Generalist. KENNEDY in March of this year. The Idahoans newly named as National Terri Meyer, Potlatch, ID, Potlatch School Local Law Enforcement Act of 2001 Board Certified Teachers be printed in District No. 285, Early Adolescence through would add new categories to current the RECORD following my statement. Young Adulthood/Career and Technical Edu- hate crimes legislation sending a sig- The names follow: cation. nal that violence of any kind is unac- Michelle Moore, Pocatello, ID, Pocatello Susan Alt, Boise, ID, Independent School School District 25, Early Childhood/Gener- District of Boise City, Early Childhood/Gen- ceptable in our society. alist. I would like to describe a terrible eralist. Mary Morrisey, Boise, ID, Boise School Carleen Baldwin, Lapwai, ID, Lapwai, Mid- crime that occurred August 24, 2000 in District, Early Adolescence/English language dle Childhood/Generalist. Somerset, KY. Two women, while Arlene Balls, Soda Springs, ID, Soda Arts. working as caretakers at a hospital, Springs District 150, Early Adolescence/ Jacklyn Mosman, Nezperce, ID, Nezperce beat and abused a mentally retarded Science. Joint School District No. 302, Middle Child- patient. The assailants, Valerie Hos- Devon Barker, Nezperce, ID, Nezperce Jt hood/Generalist. School District No. 302, Middle Childhood/ Carol Ohrtman, Lewiston, ID, Independent kins and Crystal Wright, were indicted School District No. 1, Adolescence and on criminal charges in connection with Generalist. Leslie Rae Bedke, Sugar City, ID, Sugar Young Adulthood/English Language Arts. the incident. Salem School District 322, Early Adoles- Maren Oppelt, Rupert, ID, Minidoka Coun- I believe that government’s first duty cence/English Language Arts. ty, Adolescence and Young Adulthood/ is to defend its citizens, to defend them Marta Bidondo, Boise, ID, Meridian School English Language Arts. against the harms that come out of District No. 2, Early Adolescence/Generalist. Catherine Pierce, St. Maries, ID, Joint hate. The Local Law Enforcement En- Leah Bug-Townsend, Idaho Falls, ID, Idaho Distr Ct 41, St. Maries, Early Childhood/Gen- eralist. hancement Act of 2001 is now a symbol Falls School District 91, Early Adolescence/ Social Studies-History. Susan Pliler, Boise, ID, Independent that can become substance. I believe Khrista Buschhorn, Aberdeen, ID, Aber- School District of Boise City, Adolescence that by passing this legislation, we can deen V, Early and Middle Childhood/English and Young Adulthood/English Language change hearts and minds as well. as a New Language. Arts.

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.050 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12365 B. Potter, Potlatch, ID, Potlatch School State the opportunity to experience cited about the fact there will be a world- District #285, Adolescence and Young Adult- the wonders of aquatic and riparian class aquarium.’’ hood/English Language Arts. wildlife. In addition to this most recent The aquarium is still very much a work in Lani Rembelski, Montpelier, ID, Bear Lake gesture of generosity, Mr. Marcus has progress, say those associated with it. There School 33, Early Childhood/Generalist. are no renderings, site plans or economic im- Stan Richter, Jerome, ID, Jerome, Adoles- contributed to causes ranging from the pact figures, although attendance is pro- cence and Young Adulthood/Science. Centers for Disease Control and Pre- jected to be between 1.5 million and 2.5 mil- Vikki Ricks, Rigby, ID, Jefferson 251, Mid- vention, vascular diseases, develop- lion annually. dle Childhood/Generalist. mentally disabled children, and Jewish Don Harrison, a Home Depot spokesman, Douglas Rotz, Grand View, ID, Bruneau charities. Those who have benefitted said Marcus planned to visit aquariums Grant View Joint 365, Middle Childhood/Gen- from his benevolence know him to be a across the United States and elsewhere, in- eralist. man dedicated to his community and cluding China. The design will be finalized Laurie Sadler Rich, Paris, ID, Bear Lake over the next 18 months. School District 33, Early Childhood through friends. I thank him for his friendship ‘‘Now is when all the work begins,’’ said Young Adulthood/Exceptional Needs Spe- and generosity and look forward to this Harrison. The aquarium will be global in cialist. exciting new addition to the City of At- scope, drawing researchers and visitors from Patrick Schmidt, Lewiston, ID, Lewiston lanta and the State of Georgia. At this around the world, he said. ‘‘The world is, Independent 1, Early Adolescence through time, I would like to ask that the text frankly, our target.’’ Young Adulthood/Career and Technical Edu- of two Atlanta Journal-Constitution Former Atlantan Jeffrey Swanagan, execu- cation. articles be printed in the RECORD. tive director and chief executive officer of Allan Schneider, Emmett, ID, Emmett The articles follow: the Florida Aquarium in Tampa, has been School District 221, Adolescence and Young tapped to run the project. Swanagan spent 10 Adulthood/English Language Arts. [From the Atlanta Journal-Constitution, years as deputy director of Zoo Atlanta and Thomas Seifert, Boise, ID, Meridian Dis- Nov. 20, 2001] was a protege of director Terry Maple. trict, Adolescence and Young Adulthood/So- AQUARIUM ‘‘WILL BEAGREAT MARVEL’’ HOME Marcus first approached Gov. Roy Barnes cial Studies-History. DEPOT CHIEF PLEDGES $200 MILLION about the project a year ago. The governor Mary Sorger, ID, Boise, Middle Childhood/ (By Shelia M. Poole) suggested Atlantic Station as a possible site. Generalist. ‘‘Location was key,’’ Marcus said. ‘‘In our Home Depot Chairman Bernard Marcus Julie Stafford, Moscow, ID, Moscow School minds it will become a destination to visi- promised that the huge Georgia Aquarium District 281, Early Adolescence through tors.’’ announced Monday would have ‘‘no bound- Young Adulthood/Career and Technical Edu- Already the city has museums, art gal- aries’’ in offering top-notch entertainment cation. leries and theater. What it doesn’t have, and research opportunities for residents and Lois Standley, Bellevue, ID, Blain County Marcus said, is an aquarium. visitors. School District No. 61, Early Childhood/Gen- Dan Graveline—executive director of the ‘‘It will be a great marvel,’’ said Marcus, eralist. Georgia World Congress Center—said, ‘‘It whose private Marcus Foundation will spend Angela Stevens, Inkom, ID, Marsh Valley, will be a wonderful asset for the city. One of up to $200 million to build and endow the Early Childhood/Generalist. [the city’s] biggest shortcomings is that aquarium, which will be owned by the state. Lorraine Stewart, Shelley, ID, Joint convention[-goers] lack things to do in down- The nonprofit aquarium—at 5 million gal- School District No. 60, Adolescence and town Atlanta.’’ lons and 250,000 square feet—would be among Young Adulthood/Social Studies-History. The aquarium represents the largest dona- the largest and most elaborate in the nation. Tammi Taylor Utter, Idaho Falls, ID, tion to date from the Marcus Foundation It will contain freshwater and saltwater fish Idaho Falls School District 91, Middle Child- and is a departure from previous endeavors, and mammals. hood/Generalist. noted Harrison, the spokesman for Home Marcus, the 72-year-old cofounder of Home Portia Toobian-Bailey, Kamiah, ID, Depot. Depot, said the aquarium is a way for him Kamiah Joint School District 304, Middle With the private funding, the Georgia and his wife, Billi, to give back to the com- Childhood/Generalist. aquarium will open with no debt. Other munity in a way that is ‘‘meaningful and Cheryl Tousley, Kooskia, ID, School Dis- aquariums, typically funded by municipal will last past our lifetimes.’’ trict 241, Adolescence and Young Adulthood/ bonds and saddled with enormous debt, have The aquarium, to open in 2005, will be built English Language Arts. struggled to prosper. Many have had dif- on 15.5 acres adjacent to Atlantic Station, a Katherine Uhrig, Twin Falls, ID, Twin ficulty funding new exhibits critical to at- planned $2 billion minicity under construc- Falls, Middle Childhood/Generalist. tracting repeat customers. tion west of the Downtown Connector. When April Weber, Troy, ID, Whitepine School A notable exception is the Monterey Bay completed, the development will include District 286, Early Adolescence/Social Stud- Aquarium in California. The aquarium, apartments, condominiums, offices, shops ies-History. which opened in October 1984, was privately and a 20-screen movie theater. Lynn Wessels, Nezperce, ID, Nezperce Joint financed with a $55 million gift from David The site for the aquarium is just north of School District No. 302, Early Childhood/ and Lucile Packard of the Hewlett-Packard Atlantic Station, east of Mecaslin Street and Generalist. fortune. south of Deering Road, near the former Na- Marlys Westra, Nampa, ID, Vallivue, Early There were ‘‘no bonds and no debt,’’ said tional Lead Industries site. Childhood/Generalist. Ken Peterson, a spokesman for the Monterey The developer of Atlantic Station, Jim Dena Jill Whitesell, Twin Falls, ID, Twin Bay Aquarium, which attracts 1.8 million Jacoby, who owns Marineland in Florida, is Falls 411, Early Adolescence/English Lan- visitors annually and was expanded in 1996. assisting in acquiring the property. guage Arts. ‘‘When you’re paying a mortgage plus your On Monday, representatives of state and Donna Wommack, Genesee, ID, Genesee operating expenses, it doesn’t leave a lot of local government, business, academia and Joint School District No. 282, Early Child- extra revenue for developing special exhibi- the tourism and convention industry at- hood/Generalist. tions or new exhibit galleries.’’ tended the announcement in the Georgia Norie Wyatt, Post Falls, ID, Post Falls, Bob Masterson, president of Orlando-based Capitol’s Senate chamber. Early Childhood/Generalist. Ripley Entertainment Inc., which operates Mary Yamamoto, Caldwell, ID, Caldwell, Atlanta Mayor-elect Shirley Franklin aquariums in Myrtle Beach, S.C., and Gatlin- Middle Childhood/Generalist. called it ‘‘a wonderful gift for the city.’’ burg, Tenn., said the size of the Atlanta Fa- Pamala Young, Decio, ID, Cassia Joint 151, She said the aquarium would not only pro- cility will make it expensive to operate. Adolescence and Young Adulthood/Social vide entertainment and education opportuni- ‘‘We spend about $30,000 a day to run the Studies History.∑ ties for residents, but also create a draw for 1.3 million-gallon aquarium in Myrtle Beach tourists and conventioneers. City boosters f and a little more than that in Gatlinburg,’’ have long decried the lack of attractions in he said. ‘‘With a 5 million-gallon tank, I’d THANKING MR. BERNARD MARCUS downtown Atlanta. guess it would cost at least $50,000 a day to Marcus’ announcement effectively super- ∑ Mr. CLELAND. Mr. President, I operate. And if it fails, there is nothing else sedes other efforts to build aquariums in At- you can do with that building.’’ would like to offer my thanks and ap- lanta. At least two proposals had been float- preciation to Mr. Bernard Marcus for ed to build aquariums at Stone Mountain [From the Atlanta Journal-Constitution, his generous donation of $200 million Park and near Turner Field. Nov. 20, 2001] for the construction of a five-million- ‘‘We’re not in business to compete,’’ but to work toward getting quality recreation fa- AN AQUARIUM FOR ATLANTA: GIANT FACILITY gallon aquarium in the city of Atlanta, WILL INCREASE KNOWLEDGE ABOUT OCEANS GA. This gift, made by the Marcus cilities in the area, said Thomas Dortch, chairman of the Atlanta-Fulton County (By Charles Seabrook) Foundation, is one of the largest single Recreation Authority, which had tried for Call it the Atlanta Ocean. grants ever made by a private founda- years to find financing and a downtown site A world-class aquarium in Atlanta will tion and will provide the people of for an aquarium. ‘‘With the commitment mean not only a place where people can mar- Georgia and those who visit our great from Mr. Marcus and the governor, we’re ex- vel over ocean wonders, but also a place

VerDate 04-DEC-2001 03:33 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.053 pfrm01 PsN: S04PT1 S12366 CONGRESSIONAL RECORD — SENATE December 4, 2001 where scientists and students can unravel ‘‘We want an aquarium like no other,’’ he I know that the National Institute of mysteries of the sea. says. Mental Health will miss Dr. Hyman’s Understanding the oceans’ workings is That means, he adds, that the aquarium bold and brilliant presence, and so will vital, scientists say, because the declining might attempt to house sea creatures that the nation, as he takes up his eminent health of the world’s seas has become a have been heretofore difficult for other pressing public problem. aquariums to maintain. new position at Harvard I commend Dozens of ocean fish species are in peril be- Some of those creatures, say marine biolo- him for his outstanding service to this cause of overfishing, and marine biologists gists, include fish, squids and other animals country.∑ estimate that more than 25 percent of the that live deep in the ocean under tremendous coral reefs in the world’s tropical oceans are pressures—and which have never been seen f sick or dying. alive on land. ‘‘If this aquarium is built the way it’s envi- For Hay and other scientists, the aquarium sioned, it will be wonderful not only for eco- will be the chance of a lifetime. TRIBUTE TO MAYOR BRUCE TOBEY nomic development but also for basic Hay helped build the renowned living coral ∑ Mr. KENNEDY. Mr. President, it is a science,’’ said Mark Hay, professor of envi- reef aquarium at the Smithsonian Institu- privilege to take this opportunity to ronmental biology at Georgia Tech. ‘‘It will tion 20 years ago. be of immense importance for researchers.’’ Many scientists said that facility could not pay tribute to Bruce Tobey, the out- The Georgia Aquarium that Bernard be done because of all the requirements standing Mayor of Gloucester, MA, who Marcus, chairman of Home Depot, says he needed to keep the reef animals alive and is retiring at the end of this year. I join wants to build—spending up to $200 million— healthy. the people of Gloucester in expressing will hold more than 5 million gallons of ‘‘We did have to learn as we went along,’’ my deep appreciation for his commit- water and encompass 250,000 square feet. he said. ment and dedication to the City of ‘‘People who may never travel to the coast For instance, one scientist argued that a will be able to come to Atlanta to learn the Gloucester and I thank him for his machine was needed to create wave patterns leadership and his friendship. lessons of the sea,’’ Hay said. in the aquarium, but others argued that it For scientists, the size and scope of the was unnecessary. Mayor Tobey has been a strong and aquarium, scheduled for completion in 2005, The researchers found, however, that wave effective leader for Gloucester, work- means they may be able to conduct studies action is vital to maintaining a health coral ing to improve opportunities for all of that cannot be done very well in labora- reef system. Gloucester’s residents. Mayor Tobey tories. ‘‘So, designing and building a new aquar- ‘‘We can buy little tanks and put little took a particular interest in the fish- ium will further our knowledge even more,’’ ing community. Fishing has been the creatures in them and observe them in our he says.∑ labs,’’ Hay said. lifeblood of Gloucester for nearly four But a large aquarium, he says, could ac- f hundred years, and Mayor Tobey has commodate complete ecosystems—such as a DEPARTING NATIONAL INSTITUTE worked tirelessly to continue this living coral reef—replete with large numbers proud tradition. of different creatures and plants and min- OF MENTAL HEALTH DIRECTOR: erals. DR. STEVEN E. HYMAN Mayor Tobey’s leadership was espe- Scientists say the ocean will never be fully ∑ Mr. KENNEDY. Mr. President, it is a cially significant in opening the understood until they understand how its privilege to take this opportunity to Gloucester Fish Exchange. The Fish ecosystems function. commend Steven E. Hyman for his dis- Exchange has been a major success as a The Georgia Aquarium will follow the lead tinguished leadership at the National site for fishermen to sell their fish and of other major aquariums around the world. for buyers to view the fish. It is the Scientific research is a basic mission at most Institute of Mental Health at NIH for the past 5 years. Dr. Hyman will soon second Fish Exchange to be established of those institutions. in the entire country. I commend the ‘‘We realize that health oceans are essen- be turning his immense talents to his tial to our survival on Earth,’’ says Ken Pe- new duties as the Provost at Harvard Mayor for his foresight and persever- terson of the Monterey Bay Aquarium in University, and I wish him well in this ance, which has made Gloucester’s Fish California. new chapter of his outstanding career. Exchange such a resounding success. ‘‘As an aquarium, we see our role as raising Mayor Tobey has also worked skill- public awareness of the oceans and con- Steven Hyman was remarkably effec- tive in bringing issues to the national fully to rehabilitate the State Fish ducting research to help resolve the prob- Pier in Gloucester. New businesses on lems the oceans face.’’ agenda that for too long have met with He notes that half the Earth’s oxygen shame and stigma. As a renowned the pier, including the Cape Ann Sea- comes from the sea, and the only protein for neuroscientist, he used his considerable food Center, a 50,000-square-foot sea- more than a billion people is provided by the talent, reputation, and communication food-processing center, are there today ocean. skills to demonstrate to the entire Na- because of Mayor Tobey’s leadership ‘‘We believe it is important that people tion the progress that is being made in and dedication. New businesses on the know that and know how important the understanding and healing mental ill- pier have been essential in improving oceans are for their survival,’’ he says. access to local seafood processing, and Jeffrey Swanagan, who has been tapped as nesses. He worked closely with the Sur- the executive director of the aquarium, says geon General in his efforts to bring this have also created numerous new jobs a theme has not been chosen. ‘‘But it will profoundly important message to the on the waterfront. have a world focus, so that we can tell any attention of the country. Mayor Tobey has also been a strong freshwater or saltwater story,’’ he says. It is because of efforts like these that supporter of the Gloucester Fisheries Swanagan, a Georgia Tech graduate who we are closer than ever before to pro- Forum, a day-long symposium dedi- spent 10 years at Zoo Atlanta, said the cated to the discussion of major fish- ‘‘value of research and conservation is very viding fair treatment for patients and strong in me.’’ their families, who have suffered from eries issues. Year in and year out, this Swanagan said he hopes the Georgia discrimination because mental illness Forum has become a productive oppor- Aquarium will make people in Atlanta as fa- for so long has been treated unfairly. tunity for members of the local fishing miliar with the sea as they are with the Under Dr. Hyman’s leadership, the community to speak to leaders in the Chattahoochee River. NIMH has charted a bold course, initi- field and learn from them about the ‘‘In Tampa, where I live now, kids take the ating new clinical trials that will not current challenges and future hopes for sea for granted because it’s all around exclude patients who are coping with the fishing industry. Mayor Tobey un- them,’’ he said. ‘‘They think nothing of driv- derstood the need to bring people to- ing over a causeway and seeing dolphins difficulties so often associated with jumping out the water. We want the people mental illness. He has insisted on in- gether, and he did an outstanding job. in Atlanta to have similar experiences, al- cluding members of the public in the There has been no greater friend or beit it will be an indoor one.’’ Institutes’ research planning, including supporter of these fishing communities Swanagan, executive director of the Flor- the groups reviewing grant applica- than Mayor Tobey. We are grateful for ida Aquarium, said he and his staff will be tions. He has increased the Institute’s his distinguished service to the City of looking closely at aquariums all over the research emphasis on areas of critical Gloucester and to our state, and we’re world to study their exhibits, planning and their public appeal. need, such as children and the elderly. proud of his friendship. I know that his Universities and other academic institu- He has worked skillfully to guarantee commitment to public service will con- tions in Georgia also are being asked for help that greater effort is made to translate tinue in other ways, and he will be in establishing a marine research program. research into practice. deeply missed.∑

VerDate 04-DEC-2001 03:33 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.037 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12367 TRIBUTE TO MAYOR GERRY from the President of the United S. 1765. A bill to improve the ability of the DOYLE OF PITTSFIELD States, together with an accompanying United States to prepare for and respond to a biological threat or attack. ∑ Mr. KENNEDY. Mr. President, it is a report; which was referred to the Com- privilege to take this opportunity to mittee on Banking, Housing, and f pay tribute to Gerry Doyle, the out- Urban Affairs. EXECUTIVE AND OTHER standing Mayor of Pittsfield, MA, who To the Congress of the United States: COMMUNICATIONS is retiring at the end of this year. He As required by section 204(c) of the The following communications were has been a wonderful mayor for the International Emergency Economic laid before the Senate, together with people of Pittsfield, and I know they Powers Act, 50 U.S.C. 1703(c), and sec- accompanying papers, reports, and doc- join me in thanking him for his com- tion 401(c) of the National Emergencies uments, which were referred as indi- mitment and dedication to public serv- Act, 50 U.S.C. 1641(c), I transmit here- cated: ice. with a 6-month periodic report on the Mayor Doyle will long be remem- EC–4796. A communication from the Prin- national emergency with respect to the cipal Deputy Associate Administrator of the bered for his outstanding leadership in proliferation of weapons of mass de- Environmental Protection Agency, transmit- achieving an historic agreement to struction that was declared in Execu- ting, pursuant to law, the report of a rule en- clean up the Housatonic River and the tive Order 12938 of November 14, 1994. titled ‘‘4- Amino-6-(1, 1-dimethylethyl)-3 General Electric industrial site. He was GEORGE W. BUSH. -(methylthio)-2, 2, 4-triazin-5(4H)—one the driving force behind this impres- THE WHITE HOUSE, December 4, 2001. (Metribuzin), Dichlobenil, Diphenylamine, sive agreement which protects the Sulprofos, Pendimethalin, and Terbacil; Tol- magnificent environmental heritage of f erance Actions’’ (FRL6804-4) received on De- the Berkshires and the public health of PERIODIC REPORT ON THE NA- cember 3, 2001; to the Committee on Agri- the entire community, and has laid a TIONAL EMERGENCIES WITH RE- culture, Nutrition, and Forestry. SPECT TO THE FEDERAL REPUB- EC–4797. A communication from the Acting solid basis for future economic develop- Assistant General Counsel for Regulatory ment in Pittsfield. LIC OF YUGOSLAVIA (SERBIA Services, Office of the Chief Financial Offi- The settlement is one of the largest AND MONTENEGRO) AND cer, Department of Education, transmitting, of its kind ever achieved in Massachu- KOSOVO—MESSAGE FROM THE pursuant to law, the report of a rule entitled setts, Mayor Doyle won great progress PRESIDENT—PM 61 ‘‘Direct Grant Programs’’ (RIN1890–AA02) re- for all the Berkshires by striking this The PRESIDING OFFICER laid be- ceived on November 29, 2001; to the Com- mittee on Health, Education, Labor, and all-important balance between eco- fore the Senate the following message nomic development and environmental Pensions. from the President of the United EC–4798. A communication from the Sec- cleanup. The day this agreement was States, together with an accompanying reached was the dawning of a new era retary of Labor, transmitting, pursuant to report; which was referred to the Com- law, the Eighth Annual Report relative to for Pittsfield, and for that we will al- mittee on Banking, Housing, and Trade and Employment Effects of the Ande- ways be grateful to Mayor Doyle for Urban Affairs. an Trade Preference Act, November 2001; to his outstanding leadership. the Committee on Finance. Mayor Doyle has also done an out- To the Congress of the United States: EC–4799. A communication from the Assist- standing job of increasing tourism in As required by section 401(c) of the ant Secretary of Defense, Command, Control, the Berkshires and in improving the National emergencies Act, 50 U.S.C. Communications, and Intelligence, transmit- quality of life for the people of Pitts- 1641(c), and section 204(c) of the Inter- ting, pursuant to law, a report entitled ‘‘Fi- field. He’s worked skillfully to improve national Emergency Economic Powers nancial Addendum to Fiscal Year Depart- transportation in the city, which in Act, 50 U.S.C. 1703(c), I transmit here- ment of Defense Chief Information Officer turn has helped attract new businesses Annual Information Assurance Report’’; to with a combined 6-month periodic re- the Committee on Armed Services. to Pittsfield. port on the national emergencies de- EC–4800. A communication from the Chair- All of us in Massachusetts are grate- clared with respect to the Federal Re- man of the Advisory Panel to Assess Domes- ful for Mayor Doyle’s distinguished public of Yugoslavia (Serbia and Mon- tic Response Capabilities for Terrorism In- service to the City of Pittsfield and to tenegro) in Executive Order 12808 on volving Weapons of Mass Destruction, trans- our State, and we are grateful for his May 30, 1992, and Kosovo in Executive mitting, pursuant to law, the Advance Exec- friendship. We know that his commit- Order 13088 on June 9, 1998. utive Summary of the Third Annual Report of the Advisory Panel dated October 31, 2001; ment to public service will continue in GEORGE W. BUSH. to the Committee on Armed Services. other ways, and he will be deeply THE WHITE HOUSE, December 4, 2001. missed.∑ EC–4801. A communication from the Acting f Assistant Secretary of Land and Minerals f MESSAGE FROM THE HOUSE Management, Engineering and Operations MESSAGES FROM THE PRESIDENT Division, Department of the Interior, trans- ENROLLED BILL SIGNED mitting, pursuant to law, the report of a rule Messages from the President of the At 2:17 p.m., a message from the entitled ‘‘Leasing of Sulphur or Oil and Gas United States were communicated to House of Representatives, delivered by in the Outer Continental Shelf-Revision of the Senate by Ms. Evans, one of his Ms. Niland, one of its reading clerks, Requirements Governing Surety Bonds for secretaries. announced that the Speaker has signed Outer Continental Shelf Leases’’ (RIN1010– f AC68) received on November 29, 2001; to the the following enrolled bills: Committee on Energy and Natural Re- EXECUTIVE MESSAGES REFERRED H.R. 717. An act to amend the Public sources. As in executive session the Presiding Health Service Act to provide for research EC–4802. A communication from the Acting Officer laid before the Senate messages with respect to various forms of muscular Director of the Office of Surface Mining, De- dystrophy, including Duchenne, Becker, limb from the President of the United partment of the Interior, transmitting, pur- girdle, congenital, facioscapulohumeral, suant to law, the report of a rule entitled States submitting sundry nominations myotonic, oculopharyngeal, distal, and ‘‘Utah Regulatory Program’’ (UT–037–FOR) which were referred to the appropriate Emery-Dreifuss muscular dystrophies. received on November 29, 2001; to the Com- committees. H.R. 2291. An act to extend the authoriza- mittee on Energy and Natural Resources. (The nominations received today are tion of the Drug-Free Communities Support EC–4803. A communication from the Assist- printed at the end of the Senate pro- Program for an additional 5 years, to author- ant General Counsel for Regulatory Law, Of- ceedings.) ize a National Community Antidrug Coali- fice of Energy Efficiency and Renewable En- tion Institute, and for other purposes. ergy, Department of Energy, transmitting, f The enrolled bills were signed subse- pursuant to law, the report of a rule entitled REPORT ON THE EMERGENCY RE- quently by the president pro tempore ‘‘Weatherization Assistance Program for Low-Income Persons’’ (RIN1901–AB05) re- GARDING PROLIFERATION OF (Mr. BYRD). WEAPONS OF MASS DESTRUC- ceived on December 3, 2001; to the Committee TION—MESSAGE FROM THE f on Energy and Natural Resources. PRESIDENT—PM 60 MEASURES READ THE FIRST TIME EC–4804. A communication from the Sec- retary of Labor, transmitting , pursuant to The PRESIDING OFFICER laid be- The following bill was read the first law, the Semiannual Report of the Office of fore the Senate the following message time: the Inspector General for the period April 1,

VerDate 04-DEC-2001 03:33 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.002 pfrm01 PsN: S04PT1 S12368 CONGRESSIONAL RECORD — SENATE December 4, 2001 2001, through September 30, 2001; to the Com- ting, pursuant to law, the report of a rule en- proval of 40 CFR Part 70 Operating Permits mittee on Governmental Affairs. titled ‘‘Minnesota; Final Approval of State Program; Indiana’’ (FRL7111–9) received on EC–4805. A communication from the Chair- Underground Storage Tank Program’’ November 29, 2001; to the Committee on En- man of the Council of the District of Colum- (FRL7110–8) received on November 29, 2001; to vironment and Public Works. bia, transmitting, pursuant to law, a report the Committee on Environment and Public EC–4827. A communication from the Prin- on D.C. Act 14–177, ‘‘Parking Meter Fee Mor- Works. cipal Deputy Associate Administrator of the atorium Temporary Act of 2001’’; to the Com- EC–4817. A communication from the Prin- Environmental Protection Agency, transmit- mittee on Governmental Affairs. cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- EC–4806. A communication from the Chair- Environmental Protection Agency, transmit- titled ‘‘Clean Air Act Proposed Full Ap- man of the Council of the District of Colum- ting, pursuant to law, the report of a rule en- proval of 40 CFR Part 70 Operating Permits bia, transmitting, pursuant to law, a report titled ‘‘Clean Air Act Final Approval of Op- Program; Illinois’’ (FRL7112–1) received on on D.C. Act 14–174, ‘‘Chief Financial Officer erating Permits Program; State of Vermont’’ November 29, 2001; to the Committee on En- Establishment Reprogramming During Non- (FRL7110–2) received on November 29, 2001; to vironment and Public Works. Control Years Technical Temporary Amend- the Committee on Environment and Public EC–4828. A communication from the Prin- ment Act of 2001’’; to the Committee on Gov- Works. cipal Deputy Associate Administrator of the ernmental Affairs. EC–4818. A communication from the Prin- Environmental Protection Agency, transmit- EC–4807. A communication from the Chair- cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- Environmental Protection Agency, transmit- titled ‘‘Clean Air Act Full Approval of Oper- bia, transmitting, pursuant to law, a report ting, pursuant to law, the report of a rule en- ating Permits Program; State of Hawaii’’ on D.C. Act 14–173, ‘‘Sentencing Reform titled ‘‘Approval and Promulgation of State (FRL7111–5) received on November 29, 2001; to Technical Amendment Temporary Act of Implementation Plans; Illinois’’ (FRL7111–1) the Committee on Environment and Public 2001’’; to the Committee on Governmental received on November 29, 2001; to the Com- Works. Affairs. mittee on Environment and Public Works. EC–4829. A communication from the Prin- EC–4808. A communication from the Chair- EC–4819. A communication from the Prin- cipal Deputy Associate Administrator of the man of the Council of the District of Colum- cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- bia, transmitting, pursuant to law, a report Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- on D.C. Act 14–170, ‘‘Closing of a Portion of F ting, pursuant to law, the report of a rule en- titled ‘‘Clean Air Full Approval of Operating Street, N.W., S.O. 99–70, Act of 2001’’; to the titled ‘‘Approval and Promulgation of Imple- Permit Program; District of Columbia’’ Committee on Governmental Affairs. mentation Plans, State of Missouri’’ (FRL7112–3) received on November 29, 2001; to EC–4809. A communication from the Chair- (FRL7110–5) received on November 29, 2001; to the Committee on Environment and Public man of the Council of the District of Colum- the Committee on Environment and Public Works. bia, transmitting, pursuant to law, a report Works. EC–4830. A communication from the Prin- on D.C. Act 14–172, ‘‘Redevelopment Land EC–4820. A communication from the Prin- cipal Deputy Associate Administrator of the Agency-RLA Revitalization Corporation cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- Transfer Temporary Act of 2001’’; to the Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Committee on Governmental Affairs. ting, pursuant to law, the report of a rule en- titled ‘‘Clean Air Act Full Approval of Oper- EC–4810. A communication from the Chair- titled ‘‘Approval and Promulgation of Imple- ating Permit Program; Virginia’’ (FRL7112– man of the Council of the District of Colum- mentation Plans; Illinois’’ (FRL7107–9) re- 5) received on November 29, 2001; to the Com- bia, transmitting, pursuant to law, a report ceived on November 29, 2001; to the Com- mittee on Environment and Public Works. on D.C. Act 14-169, ‘‘Citizens with Mental Re- mittee on Environment and Public Works. tardation Substituted Consent for Health EC–4821. A communication from the Prin- f Care Decisions Temporary Amendment Act cipal Deputy Associate Administrator of the REPORTS OF COMMITTEES of 2001’’; to the Committee on Governmental Environmental Protection Agency, transmit- Affairs. ting, pursuant to law, the report of a rule en- The following reports of committees EC–4811. A communication from the Chair- titled ‘‘Approval and Promulgation of Imple- were submitted: man of the Council of the District of Colum- mentation Plans; Illinois’’ (FRL7108–8) re- By Mr. LEAHY, from the Committee on bia, transmitting, pursuant to law, a report ceived on November 29, 2001; to the Com- the Judiciary: on D.C. Act 14–184, ‘‘Disposal of District mittee on Environment and Public Works. Report to accompany S. 1233, a bill to pro- Owned Surplus Real Property Temporary EC–4822. A communication from the Prin- vide penalties for certain unauthorized writ- Amendment Act of 2001’’; to the Committee cipal Deputy Associate Administrator of the ing with respect to consumer products. on Governmental Affairs. Environmental Protection Agency, transmit- (Rept. No. 107–106). EC–4812. A communication from the Chair- ting, pursuant to law, the report of a rule en- By Mr. INOUYE, from the Committee on man of the Council of the District of Colum- titled ‘‘Approval and Promulgation of the Appropriations, with an amendment in the bia, transmitting, pursuant to law, a report Implementation Plans; Illinois’’ (FRL7107–7) nature of a substitute: on D.C. Act 14–183, ‘‘Mandatory Autopsy for received on November 29, 2001; to the Com- H.R. 3338: A bill making appropriations for Deceased Wards of the District of Columbia mittee on Environment and Public Works. the Department of Defense for the fiscal year EC–4823. A communication from the Prin- and Mandatory Unusual Incident Report ending September 30, 2002, and for other pur- cipal Deputy Associate Administrator of the Temporary Act of 2001’’; to the Committee poses. on Governmental Affairs. Environmental Protection Agency, transmit- EC–4813. A communication from the Chair- ting, pursuant to law, the report of a rule en- f man of the District of Columbia, transmit- titled ‘‘Clean Air Act Final Full Approval of INTRODUCTION OF BILLS AND ting, pursuant to law, a report on D.C. Act Operating Permit Program; Michigan’’ 14–182, ‘‘Public Disclosure of Findings and In- (FRL7111–6) received on November 29, 2001; to JOINT RESOLUTIONS formation in Cases of Child Fatality or Near the Committee on Environment and Public The following bills and joint resolu- Fatality Amendment Act of 2001’’; to the Works. tions were introduced, read the first Committee on Governmental Affairs. EC–4824. A communication from the Prin- and second times by unanimous con- EC–4814. A communication from the Prin- cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- sent, and referred as indicated: Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- By Mr. THOMAS (for himself and Mrs. ting, pursuant to law, the report of a rule en- titled ‘‘Clean Air Act Final Full Approval of LINCOLN): titled ‘‘Clean Air Act Full Approval of the 40 CFR Part 70 Operating Permits Program; S. 1760. A bill to amend title XVIII of the Operating Permits Program; for the Pinal Minnesota’’ (FRL7111–7) received on Novem- Social Security Act to provide for the cov- County Air Quality Control District, Ari- ber 29, 2001; to the Committee on Environ- erage of marriage and family therapist serv- zona’’ (FRL7112–8) received on November 29, ment and Public Works. ices and mental health counselor services 2001; to the Committee on Environment and EC–4825. A communication from the Prin- under part B of the medicare program. and Public Works. cipal Deputy Associate Administrator of the for other purposes; to the Committee on Fi- EC–4815. A communication from the Prin- Environmental Protection Agency, transmit- nance. cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- By Mr. DORGAN (for himself, Mr. Environmental Protection Agency, transmit- titled ‘‘Clean Air Act Final Full Approval of CAMPBELL, and Mr. BINGAMAN): ting, pursuant to law, the report of a rule en- Operation Permit Program; Wisconsin’’ S. 1761. A bill to amend title XVIII of the titled ‘‘Revisions to the Arizona State Imple- (FRL7111–8) received on November 29, 2001; to Social Security Act to provide for coverage mentation Plan, Maricopa County Environ- the Committee on Environment and Public of cholesterol and blood lipid screening mental Services Department’’ (FRL7105–3) Works. under the medicare program; to the Com- received on November 29, 2001; to the Com- EC–4826. A communication from the Prin- mittee on Finance. mittee on Environment and Public Works. cipal Deputy Associate Administrator of the By Mr. JOHNSON: EC–4816. A communication from the Prin- Environmental Protection Agency, transmit- S. 1762. A bill to amend the Higher Edu- cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- cation Act of 1965 to establish fixed interest Environmental Protection Agency, transmit- titled ‘‘Clean Air Act Proposed Full Ap- rates for student and parent borrowers, to

VerDate 04-DEC-2001 03:33 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.039 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12369 extend current law with respect to special al- from Arkansas (Mrs. LINCOLN) was S. 1478 lowances for lenders, and for other purposes; added as a cosponsor of S. 990, a bill to At the request of Mr. SANTORUM, the to the Committee on Health, Education, amend the Pittman-Robertson Wildlife names of the Senator from Nevada (Mr. Labor, and Pensions. ENSIGN) and the Senator from Con- By Mr. DASCHLE (for himself and Mr. Restoration Act to improve the provi- necticut (Mr. DODD) were added as co- JOHNSON): sions relating to wildlife conservation S. 1763. A bill to promote rural safety and and restoration programs, and for sponsors of S. 1478, a bill to amend the improve rural law enforcement; to the Com- other purposes. Animal Welfare Act to improve the mittee on Finance. S. 999 treatment of certain animals, and for By Mr. LIEBERMAN: At the request of Mr. BINGAMAN, the other purposes. S. 1764. A bill to provide incentives to in- S. 1609 crease research by commercial, for-profit en- name of the Senator from Maryland tities to develop vaccines, microbicides, di- (Mr. SARBANES) was added as a cospon- At the request of Mr. KERRY, the agnostic technologies, and other drugs to sor of S. 999, a bill to amend title 10, names of the Senator from Connecticut prevent and treat illnesses associated with a United States Code, to provide for a (Mr. DODD) and the Senator from Con- biological or chemical weapons attack; to Korea Defense Service Medal to be necticut (Mr. LIEBERMAN) were added the Committee on Finance. issued to members of the Armed Forces as cosponsors of S. 1609, a bill to amend By Mr. FRIST (for himself, Mr. KEN- who participated in operations in the National Trails System Act to di- NEDY, Mr. ALLEN, Mr. DASCHLE, Mr. Korea after the end of the Korean War. rect the Secretary of the Interior to BENNETT, Mr. AKAKA, Mr. BOND, Mr. conduct a study on the feasibility of BAUCUS, Mr. BROWNBACK, Mr. BAYH, S. 1008 Mr. BURNS, Mr. BIDEN, Mr. CAMPBELL, At the request of Mr. BYRD, the name designating the Metacomet-Monad- Mr. BINGAMAN, Mr. CHAFEE, Mr. of the Senator from Ohio (Mr. DEWINE) nock-Mattabesett Trail extending BREAUX, Mr. COCHRAN, Mrs. was added as a cosponsor of S. 1008, a through western Massachusetts and CARNAHAN, Ms. COLLINS, Mr. bill to amend the Energy Policy Act of central Connecticut as a national his- CLELAND, Mr. CRAIG, Mrs. CLINTON, 1992 to develop the United States Cli- toric trail. Mr. CRAPO, Mr. CORZINE, Mr. DEWINE, mate Change Response Strategy with S. 1618 Mr. DODD, Mr. DOMENICI, Mr. DORGAN, the goal of stabilization of greenhouse At the request of Mr. KENNEDY, the Mr. GRASSLEY, Mr. DURBIN, Mr. name of the Senator from South Da- HAGEL, Mr. EDWARDS, Mr. HUTCH- gas concentrations in the atmosphere INSON, Mrs. FEINSTEIN, Mrs. at a level that would prevent dan- kota (Mr. DASCHLE) was added as a co- HUTCHISON, Mr. HARKIN, Mr. LUGAR, gerous anthropogenic interference with sponsor of S. 1618, a bill to enhance the Mr. JEFFORDS, Mr. MCCONNELL, Mr. the climate system, while minimizing border security of the United States, JOHNSON, Mr. MURKOWSKI, Mr. KERRY, adverse short-term and long-term eco- and for other purposes. Mr. ROBERTS, Ms. LANDRIEU, Mr. nomic and social impacts, aligning the S. 1678 SANTORUM, Mr. LEAHY, Ms. SNOWE, Strategy with United States energy At the request of Mr. MCCAIN, the Mr. LIEBERMAN, Mr. SPECTER, Mrs. policy, and promoting a sound national name of the Senator from Vermont LINCOLN, Mr. STEVENS, Ms. MIKULSKI, environmental policy, to establish a re- (Mr. JEFFORDS) was added as a cospon- Mr. THOMAS, Mr. MILLER, Mr. THOMP- SON, Mrs. MURRAY, Mr. THURMOND, search and development program that sor of S. 1678, a bill to amend the Inter- Mr. NELSON of Florida, Mr. focuses on bold technological break- nal Revenue Code of 1986 to provide VOINOVICH, Mr. REED, Mr. WARNER, throughs that make significant that a member of the uniformed serv- Mr. REID, Mr. ROCKEFELLER, Mr. SAR- progress toward the goal of stabiliza- ices or the Foreign Service shall be BANES, Mr. TORRICELLI, Mr. tion of greenhouse gas concentrations, treated as using a principal residence WELLSTONE, Mr. SCHUMER, Mr. DAY- to establish the National Office of Cli- while away from home on qualified of- TON, Mr. HELMS, Mr. FITZGERALD, Mr. mate Change Response within the Ex- ficial extended duty in determining the CONRAD, Mr. HATCH, and Ms. ecutive Office of the President, and for exclusion of gain from the sale of such STABENOW): S. 1765. A bill to improve the ability of the other purposes. residence. United States to prepare for and respond to S. 1209 S. 1707 a biological threat or attack; read the first At the request of Mr. BINGAMAN, the At the request of Mr. JEFFORDS, the time. name of the Senator from Maine (Ms. name of the Senator from Missouri f SNOWE) was added as a cosponsor of S. (Mr. BOND) was added as a cosponsor of S. 1707, a bill to amend title XVIII of SUBMISSION OF CONCURRENT AND 1209, a bill to amend the Trade Act of 1974 to consolidate and improve the the Social Security Act to specify the SENATE RESOLUTIONS trade adjustment assistance programs, update for payments under the medi- The following concurrent resolutions to provide community-based economic care physician fee schedule for 2002 and and Senate resolutions were read, and development assistance for trade-af- to direct the Medicare Payment Advi- referred (or acted upon), as indicated: fected communities, and for other pur- sory Commission to conduct a study on By Mr. DASCHLE: poses. replacing the use of the sustainable S. Res. 186. A resolution to authorize rep- S. 1248 growth rate as a factor in determining resentation of Senator Lott in the case of Lee v. Lott; considered and agreed to. At the request of Mr. JOHNSON, his such update in subsequent years. name was added as a cosponsor of S. S. 1738 f 1248, a bill to establish a National At the request of Mr. KERRY, the ADDITIONAL COSPONSORS Housing Trust Fund in the Treasury of names of the Senator from Pennsyl- S. 690 the United States to provide for the de- vania (Mr. SPECTER) and the Senator At the request of Mr. WELLSTONE, the velopment of decent, safe, and afford- from Montana (Mr. BURNS) were added name of the Senator from Maryland able, housing for low-income families, as cosponsors of S. 1738, a bill to amend (Mr. SARBANES) was added as a cospon- and for other purposes. title XVIII of the Social Security Act sor of S. 690, a bill to amend title XVIII S. 1312 to provide regulatory relief, appeals of the Social Security Act to expand At the request of Mr. NELSON of Flor- process reforms, contracting flexi- and improve coverage of mental health ida, the name of the Senator from Flor- bility, and education improvements services under the medicare program. ida (Mr. GRAHAM) was added as a co- under the medicare program, and for S. 724 sponsor of S. 1312, a bill to authorize other purposes. At the request of Mr. BOND, the name the Secretary of the Interior to con- S. 1745 of the Senator from Ohio (Mr. DEWINE) duct a special resource study of Vir- At the request of Mrs. LINCOLN, the was added as a cosponsor of S. 724, a ginia Key Beach, Florida, for possible names of the Senator from Massachu- bill to amend title XXI of the Social inclusion in the National Park System. setts (Mr. KENNEDY), the Senator from Security Act to provide for coverage of S. 1373 Washington (Mrs. MURRAY), the Sen- pregnancy-related assistance for tar- At the request of Mr. BUNNING, his ator from Georgia (Mr. CLELAND), the geted low-income pregnant women. name was added as a cosponsor of S. Senator from New Jersey (Mr. S. 990 1373, a bill to protect the right to life of TORRICELLI), and the Senator from New At the request of Mr. SMITH of New each born and preborn human person in York (Mr . SCHUMER) were added as co- Hampshire, the name of the Senator existence at fertilization. sponsors of S. 1745, a bill to delay until

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.033 pfrm01 PsN: S04PT1 S12370 CONGRESSIONAL RECORD — SENATE December 4, 2001 at least January 1, 2003, any changes in This legislation is especially crucial ters of the Association for Marriage medicaid regulations that modify the to rural seniors who are often forced to and Family Therapy, the California As- medicaid upper payment limit for non- travel long distances to utilize the sociation of Marriage and Family State Government-owned or operated services of mental health providers Therapists, and the National Rural hospitals. currently recognized by the Medicare Health Association. S. 1749 program. Rural communities have dif- I believe this legislation is critically At the request of Mr. KENNEDY, the ficulty recruiting and retaining pro- important to the health and well-being names of the Senator from New Mexico viders, especially mental health pro- of our Nation’s Seniors and I strongly (Mr. BINGAMAN), the Senator from New viders. In many small towns a mental urge all my colleagues to become a co- York (Mr. SCHUMER), the Senator from health counselor or a marriage and sponsor. Nebraska (Mr. HAGEL), and the Senator family therapist is the only mental Mr. President, I ask unanimous con- from Nevada (Mr. REID) were added as health care provider in the area. Medi- sent that the text of the bill and let- cosponsors of S. 1749 , a bill to enhance care law, as it exists today, compounds ters of endorsement from supporting the border security of the United the situation because only psychia- organizations be printed in the States, and for other purposes. trists, clinical psychologists, clinical RECORD. S. 1757 social workers and clinical nurse spe- There being no objection, the mate- At the request of Mr. CRAIG, the cialists are able to bill Medicare for rial was ordered to be printed in the name of the Senator from Idaho (Mr. their services. RECORD, as follows: It is time the Medicare program rec- CRAPO) was added as a cosponsor of S. S. 1760 ognized the qualifications of mental 1757, a bill to authorize an additional Be it enacted by the Senate and House of Rep- permanent judgeship in the district of health counselors and marriage and resentatives of the United States of America in Idaho, and for other purposes. family therapists as well as the critical Congress assembled, role they play in the mental health S.J. RES. 12 SECTION 1. SHORT TITLE. care infrastructure. These providers go This Act may be cited as the ‘‘Seniors At the request of Mr. SMITH of New through rigorous training, similar to Mental Health Access Improvement Act of Hampshire, the name of the Senator the curriculum of masters level social 2001’’. from Maine (Ms. SNOWE) was added as a workers, and yet are excluded from the SEC. 2. COVERAGE OF MARRIAGE AND FAMILY cosponsor of S.J. Res. 12, a joint resolu- Medicare program. THERAPIST SERVICES AND MENTAL tion granting the consent of Congress Particularly troubling to me is the HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE to the International Emergency Man- fact that seniors have agement Assistance Memorandum of PROGRAM. disproportionally higher rates of de- (a) COVERAGE OF SERVICES.— Understanding. pression and suicide than other popu- (1) IN GENERAL.—Section 1861(s)(2) of the AMENDMENT NO. 2152 lations. Additionally, 75 percent of the Social Security Act (42 U.S.C. 1395x(s)(2)), as At the request of Mr. DEWINE, the 518 nationally designated Mental amended by sections 102(a) and 105(a) of the name of the Senator from Hawaii (Mr. Health Professional Shortage Areas are Medicare, Medicaid, and SCHIP Benefits Im- INOUYE) was added as a cosponsor of located in rural areas and one-fifth of provement and Protection Act of 2000 (114 Stat. 2763A–468 and 2763A–471), as enacted amendment No. 2152 intended to be pro- all rural counties have no mental posed to H.R. 3090, a bill to provide tax into law by section 1(a)(6) of Public Law 106– health services of any kind. Frontier 554, is amended— incentives for economic recovery. counties have even more drastic num- (A) in subparagraph (U), by striking ‘‘and’’ AMENDMENT NO. 2157 bers as 95 percent do not have a psy- after the semicolon at the end; At the request of Mr. MCCAIN, the chiatrist, 68 percent do not have a psy- (B) in subparagraph (V)(iii), by inserting name of the Senator from Vermont chologist and 78 percent do not have a ‘‘and’’ after the semicolon at the end; and (Mr. JEFFORDS) was added as a cospon- social worker. It is quite obvious we (C) by adding at the end the following new sor of amendment No. 2157 intended to have an enormous task ahead of us to subparagraph: be proposed to H.R. 3090, a bill to pro- ‘‘(W) marriage and family therapist serv- reduce these staggering statistics. Pro- ices (as defined in subsection (ww)(1)) and vide tax incentives for economic recov- viding mental health counselors and mental health counselor services (as defined ery. marriage and family therapists the in subsection (ww)(3));’’. AMENDMENT NO. 2202 ability to bill Medicare for their serv- (2) DEFINITIONS.—Section 1861 of such Act At the request of Mr. CONRAD, his ices is a key part of the solution. (42 U.S.C. 1395x), as amended by sections name was added as a cosponsor of Virtually all of my State of Wyoming 102(b) and 105(b) of the Medicare, Medicaid, amendment No. 2202. is a mental health professional short- and SCHIP Benefits Improvement and Pro- tection Act of 2000 (114 Stat. 2763A–468 and f age area and will greatly benefit from this legislation. Wyoming has 169 psy- 2763A–471), as enacted into law by section 1(a)(6) of Public Law 106–554, is amended by STATEMENTS ON INTRODUCED chologists, 121 psychiatrists, and 247 BILLS AND JOINTS RESOLUTIONS adding at the end the following new sub- social workers for a total of 537 Medi- section: By Mr. THOMAS (for himself and care eligible mental health providers. ‘‘Marriage and Family Therapist Services; Mrs. LINCOLN): Enactment of the Seniors Mental Marriage and Family Therapist; Mental S. 1760. A bill to amend title XVIII of Health Access Improvement Act of 2001 Health Counselor Services; Mental Health the Social Security Act to provide for will double the number of mental Counselor the coverage of marriage and family health providers available to seniors in ‘‘(ww)(1) The term ‘marriage and family therapist services and mental health my State with the addition of 517 men- therapist services’ means services performed counselor services under part B of the tal health counselors and 55 marriage by a marriage and family therapist (as de- Medicare Program, and for other pur- and family therapists currently li- fined in paragraph (2)) for the diagnosis and poses; to the Committee on Finance. censed in the State. treatment of mental illnesses, which the Mr. THOMAS. Mr. President, I am In crafting this legislation Senator marriage and family therapist is legally au- thorized to perform under State law (or the pleased to rise today to introduce the LINCOLN and I worked with numerous State regulatory mechanism provided by Seniors Mental Health Access Improve- outside organizations with an interest State law) of the State in which such serv- ment Act of 2001 with my distinguished in this issue. As a result of this col- ices are performed, as would otherwise be colleague from Arkansas, Mrs. LIN- laboration, the ‘‘Seniors Mental Health covered if furnished by a physician or as an COLN. Specifically, the Seniors Mental Access Improvement Act of 2001’’ is incident to a physician’s professional serv- Health Access Improvement Act of 2001 strongly supported by the American ice, but only if no facility or other provider permits mental health counselors and Counseling Association, the Wyoming charges or is paid any amounts with respect marriage and family therapists to bill Counseling Association, the American to the furnishing of such services. Medicare for their services. This will Mental Health Counselors Association, ‘‘(2) The term ‘marriage and family thera- pist’ means an individual who— result in an increased choice of pro- the Arkansas Mental Health Coun- ‘‘(A) possesses a master’s or doctoral de- viders for seniors and enhance their selors Association, the American Asso- gree which qualifies for licensure or certifi- ability to access mental health serv- ciation for Marriage and Family Ther- cation as a marriage and family therapist ices in their communities. apy, the Wyoming and Arkansas Chap- pursuant to State law;

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.040 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12371 ‘‘(B) after obtaining such degree has per- SCHIP Benefits Improvement and Protection those of clinical social workers, who have formed at least 2 years of clinical supervised Act of 2000 (114 Stat. 2763A–472), as enacted been covered under Medicare for over ten experience in marriage and family therapy; into law by section 1(a)(6) of Public Law 106– years. and 554, is amended by adding at the end the fol- Thank you for your leadership in intro- ‘‘(C) in the case of an individual per- lowing new clauses: ducing this important legislation. We look forming services in a State that provides for ‘‘(vii) A marriage and family therapist (as forward to working with you to gain its en- licensure or certification of marriage and defined in section 1861(ww)(2)). actment, and I urge you and your staff to family therapists, is licensed or certified as ‘‘(viii) A mental health counselor (as de- call on us if we can be of any assistance. a marriage and family therapist in such fined in section 1861(ww)(4)).’’. Sincerely, State. (b) COVERAGE OF CERTAIN MENTAL HEALTH JANE GOODMAN, ‘‘(3) The term ‘mental health counselor SERVICES PROVIDED IN CERTAIN SETTINGS.— President. services’ means services performed by a men- (1) RURAL HEALTH CLINICS AND FEDERALLY tal health counselor (as defined in paragraph QUALIFIED HEALTH CENTERS.—Section AMERICAN COUNSELING ASSOCIATION, (2)) for the diagnosis and treatment of men- 1861(aa)(1)(B) of the Social Security Act (42 Alexandria, VA, November 27, 2001. tal illnesses which the mental health coun- U.S.C. 1395x(aa)(1)(B)) is amended by insert- Hon. BLANCHE L. LINCOLN, selor is legally authorized to perform under ing ‘‘, by a marriage and family therapist (as U.S. Senate, State law (or the State regulatory mecha- defined in subsection (ww)(2)), by a mental Washington, DC. nism provided by the State law) of the State health counselor (as defined in subsection DEAR SENATOR LINCOLN: I am writing on in which such services are performed, as (ww)(4)),’’ after ‘‘by a clinical psychologist behalf of the American Counseling Associa- would otherwise be covered if furnished by a (as defined by the Secretary)’’. physician or as incident to a physician’s pro- tion, which with over 53,000 members is the (2) HOSPICE PROGRAMS.—Section nation’s largest non-profit membership orga- fessional service, but only if no facility or 1861(dd)(2)(B)(i)(III) of such Act (42 U.S.C. other provider charges or is paid any nization representing state-licensed profes- 1395x(dd)(2)(B)(i)(III)) is amended by insert- sional mental health counselors, to express amounts with respect to the furnishing of ing ‘‘or a marriage and family therapist (as such services. our strong support for your legislation, the defined in subsection (ww)(2))’’ after ‘‘social ‘‘(4) The term ‘mental health counselor’ ‘‘Seniors Mental Health Access Improvement means an individual who— worker’’. Act of 2001’’. We applaud your leadership in (c) AUTHORIZATION OF MARRIAGE AND FAM- ‘‘(A) possesses a master’s or doctor’s de- introducing this legislation. ILY THERAPISTS TO DEVELOP DISCHARGE gree in mental health counseling or a related Medicare’s mental health benefit currently PLANS FOR POST-HOSPITAL SERVICES.—Sec- field; excludes two core mental health professions: tion 1861(ee)(2)(G) of the Social Security Act ‘‘(B) after obtaining such a degree has per- licensed professional counselors and licensed (42 U.S.C. 1395x(ee)(2)(G)) is amended by in- formed at least 2 years of supervised mental marriage and family therapists. Statistics serting ‘‘marriage and family therapist (as health counselor practice; and such as those included in the attached fact defined in subsection (ww)(2)),’’ after ‘‘social ‘‘(C) in the case of an individual per- sheet show that Medicare beneficiaries are worker,’’. forming services in a State that provides for not getting the mental health treatment (d) EFFECTIVE DATE.—The amendments licensure or certification of mental health they need. Lack of access to providers is one made by this section shall apply with respect counselors or professional counselors, is li- of the primary factors involved. to services furnished on or after January 1, censed or certified as a mental health coun- As with other areas of health care, access- 2002. selor or professional counselor in such ing mental health services is especially prob- State.’’. lematic in rural areas. In many underserved AMERICAN COUNSELING ASSOCIATION, communities, licensed professional coun- (3) PROVISION FOR PAYMENT UNDER PART Alexandria, VA, November 27, 2001. B.—Section 1832(a)(2)(B) of such Act (42 selors are the only mental health specialists Hon. CRAIG THOMAS, available. We feel strongly that proposals to U.S.C. 1395k(a)(2)(B)) is amended by adding U.S. Senate, improve rural Medicare beneficiaries’ access at the end the following new clause: Washington, DC. to mental health care must include expand- ‘‘(v) marriage and family therapist services DEAR SENATOR THOMAS: I am writing on be- and mental health counselor services;’’. half of the American Counseling Association, ing the pool of covered providers. However, (4) AMOUNT OF PAYMENT.—Section 1833(a)(1) which with over 53,000 members is the na- access to providers is not only a rural issue. of such Act (42 U.S.C. 1395l(a)(1)), as amended tion’s largest non-profit membership organi- An article cited on the enclosed fact sheet, by sections 105(c) and 223(c) of the Medicare, zation representing state-licensed profes- recently published by the American Psy- Medicaid, and SCHIP Benefits Improvement sional mental health counselors, to express chiatric Association, states that ‘‘the supply and Protection Act of 2000 (114 Stat. 2763A– our strong support for your legislation, the of both specialists and resources cannot 472 and 2763A–489), as enacted into law by ‘‘Seniors Mental Health Access Improvement meet current or future demands’’ for mental section 1(a)(6) of Public Law 106–554, is Act of 2001’’. We applaud your leadership in health treatment of older Americans. amended— introducing this legislation. Coverage of licensed professional coun- (A) by striking ‘‘and (U)’’ and inserting Medicare’s mental health benefit currently selors under Medicare is a common-sense ‘‘(U)’’; and excludes two core mental health professions: step toward ensuring that all beneficiaries (B) by inserting before the semicolon at licensed professional counselors and licensed get the help they need. There are over 81,000 the end the following: ‘‘, and (V) with respect marriage and family therapists. Statistics professional counselors licensed as master’s to marriage and family therapist services such as those included in the attached fact level mental health professionals in Arkan- and mental health counselor services under sheet show that Medicare beneficiaries are sas and 44 other states across the country. section 1861(s)(2)(W), the amounts paid shall not getting the mental health treatment These providers meet education, training, be 80 percent of the lesser of the actual they need. Lack of access to providers is one and examination requirements on par with charge for the services or 75 percent of the of the primary factors involved. those of clinical social workers, who have amount determined for payment of a psy- As with other areas of health care, access- been covered under Medicare for over ten chologist under clause (L)’’. ing mental health services is especially prob- years. (5) EXCLUSION OF MARRIAGE AND FAMILY lematic in rural areas. In many underserved Thank you for your leadership in intro- THERAPIST SERVICES AND MENTAL HEALTH communities, licensed professional coun- ducing this important legislation. We look COUNSELOR SERVICES FROM SKILLED NURSING selors are the only mental health specialists forward to working with you to gain its en- FACILITY PROSPECTIVE PAYMENT SYSTEM.— available. We feel strongly that proposals to actment, and I urge you and your staff to Section 1888(e) of the Social Security Act (42 improve rural Medicare beneficiaries’ access call on us if we can be of any assistance. U.S.C. 1395yy(e)) is amended— to mental health care must include expand- Sincerely, (A) in paragraph (2)(A)(i)(II), by striking ing the pool of covered providers. However, JANE GOODMAN, ‘‘clauses (ii) and (iii)’’ and inserting ‘‘clauses access to providers is not only a rural issue. President. (ii) through (iv)’’; and An article cited on the enclosed fact sheet, (B) by adding at the end of paragraph (2)(A) recently published by the American Psy- WYOMING COUNSELING ASSOCIATION, the following new clause: chiatric Association, states that ‘‘the supply November 27, 2001. ‘‘(iv) EXCLUSION OF CERTAIN MENTAL HEALTH of both specialists and resources cannot Hon. CRAIG THOMAS, SERVICES.—Services described in this clause meet current or future demands’’ for mental U.S. Senate, are marriage and family therapist services health treatment of older Americans. Washington, DC (as defined in section 1861(ww)(1)) and mental Coverage of licensed professional coun- DEAR SENATOR THOMAS: The Wyoming health counselor services (as defined in sec- selors under Medicare is a common-sense Counseling Association is pleased to convey tion 1861(ww)(3)).’’. step toward ensuring that all beneficiaries its strong support of your legislation, the (6) INCLUSION OF MARRIAGE AND FAMILY get the help they need. There are over 81,000 ‘‘Seniors Mental Health Access Improvement THERAPISTS AND MENTAL HEALTH COUNSELORS professional counselors licensed as master’s Act of 2001’’. We are proud of your leadership AS PRACTITIONERS FOR ASSIGNMENT OF level mental health professionals in Wyo- on mental health issues, as evidenced by CLAIMS.—Section 1842(b)(18)(C) of such Act ming and 44 other states across the country. your introduction of this and other legisla- (42 U.S.C. 1395u(b)(18)(C)), as amended by sec- These providers meet education, training, tion, and your support of S. 543, the ‘‘Mental tion 105(d) of the Medicare, Medicaid, and and examination requirements on par with Health Equitable Treatment Act of 2001’’.

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Wyoming’s residents often have only lim- and for your commitment to ensuring great- ARKANSAS MENTAL HEALTH ited—if any—access to mental health profes- er access for seniors affected by mental ill- COUNSELORS ASSOCIATION, sionals. There simply aren’t enough pro- ness. If I can be of assistance to you as you Jonesboro, AR, November 27, 2001. viders. Given this fact, it makes no sense to work towards the enactment of the Seniors Hon. BLANCHE L. LINCOLN, continue to exclude licensed professional Mental Health Access Improvement Act, U.S. Senate, Dirksen Senate Office Building, counselors from Medicare coverage, when please feel free to contact me. Beth Powell, Washington, DC. similarly-trained providers are covered. In AMHCA’s Director of Public Policy and Pro- DEAR SENATOR LINCOLN: I am writing on many parts of the state, licensed profes- fessional Issues, is also available to assist behalf of the Arkansas Mental Health Coun- sional counselors are the only mental health you and your staff. selors Association (ArMHCA) to express our specialists around. Sincerely, strong support for the Seniors Mental Health We believe that establishing Medicare cov- MIDGE WILLIAMS, Access Improvement Act and to convey our erage of licensed professional counselors is a President. sincere appreciation to you for introducing cost-effective means of improving the health this legislation. As a Licensed Professional and well-being of enrollees. The more than Counselor (LPC) and a constituent, I want to 500 professional counselors licensed in Wyo- AMERICAN MENTAL HEALTH express to you the importance of this legisla- ming should be allowed to help meet their COUNSELORS ASSOCIATION, tion to LPCs in our state and to the nation’s mental health needs. It should jolt Congress Alexandria, VA, November 28, 2001 39 million Medicare beneficiaries. into action to know that older Americans Hon. BLANCHE L. LINCOLN, Mental health counselors-called Licensed are the demographic group in the U.S. most U.S. Senate, Dirksen Senate Office Building, Professional Counselor in Arkansas are men- at risk of committing suicide. This must be Washington, DC tal health professionals with a master’s or remedied. doctoral degree in counseling or related dis- Please let us know if there is anything we DEAR SENATOR LINCOLN: I am writing on behalf of the American Mental Health Coun- ciplines who provide services along a con- can do to assist you on mental health issues, tinuum of care. Currently, 45 states and the and thank you again for your leadership, ini- selors Association (AMHCA) to express our strong support of the Seniors Mental Health District of Columbia license or certify men- tiative, and hard work. tal health counselors to independently pro- Sincerely, Access Improvement Act, legislation to ex- pand access to mental health providers in vide mental health services, including the di- KAREN ROBERTSON, agnosis and treatment of mental and emo- President. the Medicare program. As president of AMHCA and a Licensed Mental Health Coun- tional disorders. LPCs practice in a variety DR. DAVID L. BECK, of settings, including hospitals, community selor (LMHC), I commend you and Senator Past-President. mental health centers, managed behavioral Thomas for introducing this important legis- LESLEY TRAVERS, health care organizations, employee assist- lation. President-elect. ance plans, substance abuse treatment cen- AMHCA is the nation’s largest professional ters, and private practice. AMERICAN MENTAL HEALTH organization exclusively representing the Medicare currently covers the services of COUNSELORS ASSOCIATION, mental health counseling profession. Our independently practicing psychiatrists, clin- Alexandria, VA, November 27, 2001. members practice in a variety of settings, in- ical psychologists, clinical social workers, Hon. CRAIG THOMAS, cluding hospitals, community mental health and clinical nurse specialists, however; it U.S. Senate, Hart Senate Office Building, centers, managed behavioral health care or- does not recognize mental health counselors Washington, DC ganizations, employee assistance plans, sub- or marriage and family therapists as sepa- DEAR SENATOR THOMAS: I am writing on be- stance abuse treatment centers, and private rately reimbursable mental health providers. half of the American Mental Health Coun- practice. Currently, there are more than The Seniors Mental Health Access Improve- selors Association (AMHCA) to express our 80,000 licensed or certified professional coun- ment Act corrects this oversight by includ- strong support for the Seniors Mental Health selors practicing in the United States, in- ing mental Health counselors and marriage Access Improvement Act, legislation to ex- cluding many in rural areas where access to and family therapist among the list of pro- pand access to mental health providers in mental health care is often scarce. The Ar- viders who deliver mental health services to the Medicare program. As president of kansas Mental Health Counselors Associa- Medicare beneficiaries, provided they are le- AMHCA and a Licensed Mental Health Coun- tion (ArMHCA), a state chapter of AMHCA, gally authorized to perform the services selor (LMHC), I commend you and Senator represents the interests of mental health under state law. Enactment of this provision Lincoln for introducing this important legis- counselors practicing in your state. would increase access to and the availability lation. AMHCA is the nation’s largest professional As you know, Medicare covers the services of mental health services to Medicare bene- organization exclusively representing the of independently practicing psychiatrists, ficiaries, particularly for those seniors who mental health counseling profession. Our clinical psychologists, clinical social work- reside in rural and underserved area. The in- members practice in a variety of settings, in- ers, and clinical nurse specialists, but does clusion of mental health counselors and mar- cluding hospitals, community mental health not recognize mental health counselors or riage and family therapists in the program centers, managed behavioral health care or- marriage and family therapists as separately would also afford beneficiaries a choice ganizations, employee assistance plans, sub- reimbursable mental health providers. Spe- among qualified providers. Again, thank you for the leadership you stance abuse treatment centers, and private cifically, the Seniors Mental Health Access have shown in introducing this important practice. Currently, there are more than Improvement Act would correct this in- legislation. If I can be of assistance to you as 80,000 licensed or certified professional coun- equity by including mental health coun- your work towards enactment of the Seniors selors practicing in the United States, in- selors and marriage and family therapists Mental Health Improvement Access Act cluding many in rural areas where access to among the list of providers who can deliver please feel free to contact me. Beth Powell, mental health care is often scarce. mental health services to Medicare bene- AMHCA’s Director of Public and Profes- As you know, Medicare covers the services ficiaries, provided they are legally author- sional Issues, is also available to assist you of independently practicing psychiatrists, ized to deliver such care under state law. En- and your staff. clinical psychologists, clinical social work- actment of this provision would increase ac- Sincerely, ers, and clinical nurse specialists, but does cess to and the availability of mental health DEE KERNODLE not recognize mental health counselors or services to Medicare beneficiaries, particu- President. marriage and family therapists as separately larly for those seniors who reside in rural reimbursable mental health providers. Spe- and underserved areas. The inclusion of men- AMERICAN ASSOCIATION FOR cifically, the Seniors Mental Health Access tal health counselors and marriage and fam- MARRIAGE AND FAMILY THERAPY, Improvement Act would correct this in- ily therapists as Medicare providers would Washington, DC, December 3, 2001. equity by including mental health coun- also afford beneficiaries greater choice Hon. CRAIG THOMAS, selors and marriage and family therapists among qualified providers. among the list of providers who can deliver Hart Senate Office Building, mental health services to Medicare bene- Again, thank you for the leadership you Washington, DC. ficiaries, provided they are legally author- have shown in introducing this legislation DEAR SENATOR THOMAS: The American As- ized to deliver such care under state law. En- and for your commitment to ensuring great- sociation for Marriage and Family Therapy actment of this provision would increase ac- er access for seniors affected by mental ill- is writing on behalf of the 46,000 marriage cess to and the availability of mental health ness. If I can be of assistance to you as you and family therapists throughout the United services to Medicare beneficiaries, particu- work towards the enactment of the Seniors States to commend you for sponsoring the larly for those seniors who reside in rural Mental Health Access Improvement Act, Seniors Mental Health Access Improvement and underserved areas. The inclusion of men- please feel free to contact me. Beth Powell, Act of 2001. This crucial legislation to ex- tal health counselors and marriage and fam- AMHCA’s Director of Public Policy and Pro- pand the mental health benefits for our el- ily therapists as Medicare providers would fessional Issues, is also available to assist derly will go a long way towards improving also afford beneficiaries greater choice you and your staff. Medicare beneficiaries’ access to critical among qualified providers. Sincerely, mental health services provided by Marriage Again, thank you for the leadership you MIDGE WILLIAMS, and Family Therapist (MFTs) and Mental have shown in introducing this legislation President. Health Counselors (MHCs) across the nation.

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As you know, mental illness is a major that Medicare beneficiaries in need of men- ARKANSAS ASSOCIATION FOR problem for many Americans, and particu- tal health services will have the same free- MARRIAGE AND FAMILY THERAPY, larly for the elderly. Research demonstrates dom to choose a mental health professional December 1, 2001. that depression is disproportionately high available in their community as the non- Hon. BLANCHE LAMBERT LINCOLN, among older persons, as is the incidence of Medicare population. The Archives of Gen- Dirksen Senate Office Building, suicide. The Surgeon General’s Report on eral Psychiatry projects that the number of Washington, DC. Mental Health has indicated that there are people over 65 years with psychiatric dis- DEAR SENATOR LINCOLN: I was part of a co- effective treatments for these and other orders will increase from about 4 million in alition of four mental health organizations mental illnesses. The Seniors Mental Health 1970 to 15 million in 2030. It also indicates that wrote to you last week on behalf of the Access Improvement Act of 2001 helps make that the current health care system is unpre- Seniors Mental Health Improvement Act of these treatments accessible to elderly citi- pared to meet the upcoming crisis in geri- 2001. However, I wanted to address that again zens. By expanding the pool of qualified pro- atric mental health. Providing access to li- with you specifically from the Arkansas As- viders, the bill also achieves the important censed MFTs and MHCs will help ensure that sociation for Marriage and Family Therapy. objective of increasing access to mental there are an adequate number of providers This is such an important piece of legislation health services for elderly in rural areas, available to meet the needs of the growing on behalf of our aging population. where there is a recognized shortage of pro- elderly population. This important legislation will go a long fessionals. Passage of the Seniors Mental Health Ac- Your leadership and support to address the way towards improving Medicare bene- cess Improvement Act of 2001 will ensure mental health needs of our seniors is greatly ficiaries’ access to critical mental health that Medicare beneficiaries in need of men- appreciated. It is about time the Medicare services in our state. As you know, more tal health services will have the same free- program is structured to respond to the de- than 90 percent of Arkansas has been des- dom to choose a mental health professional mands of the elderly population it serves. ignated by the federal government as a men- available in their community as the non- AAMFT hopes the Seniors Mental Health tal health professional shortage area. By au- Medicare population. The Archives of Gen- Improvement Act of 2001 will become law. thorizing Medicare coverage for both Mar- eral Psychiatry projects that the number of We look forward to working with you to riage and Family Therapists (MFTs) and Li- people over 65 years with psychiatric dis- meet this objective. Thank you again for censed Professional Counselors (LPCs) or orders will increase from about 4 million in your commitment to improving the lives of Mental Health counselors (MHCs) you are 1970 to 15 million in 2030. It also indicates the elderly. more than doubling the number of mental that the current health care system is unpre- Sincerely, health professionals available to provide pared to meet the upcoming crisis in geri- DAVID M. BERGMAN, services to the Medicare population in these atric mental health. Providing access to li- Director of under-served regions. censed MFTs and MHCs will help ensure that Legal and Government Affairs. Your legislation will also ensure that Ar- there are an adequate number of providers kansas Medicare beneficiaries in need of available to meet the needs of the growing mental health services will have the same elderly population. WYOMING ASSOCIATION FOR freedom to choose the mental health profes- Your leadership and support to address the MARRIAGE AND FAMILY THERAPY, sional available in their community as the mental health needs of our seniors is greatly Jackson, WY, November 30, 2001. non-Medicare population. As you are aware, appreciated. It is about time the Medicare Hon. CRAIG THOMAS, our state has already authorized MFTs to program is structured to respond to the de- Hart Senate Office Building, provide a wide range of mental health serv- mands of the elderly population it serves. Washington, DC. ices covered by the Medicare program. Un- AAMFT hopes the Seniors Mental Health DEAR SENATOR THOMAS: On behalf of the fortunately, because Medicare does not cur- Improvement Act of 2001 will become law. Wyoming Association for Marriage and Fam- rently recognize MFTs, Medicare bene- We look forward to working with you to ily Therapy, I want to thank you for agree- ficiaries must often travel hundreds of miles meet this objective. Thank you again for ing to sponsor the Seniors Mental Health Im- to be seen by a mental health professional your commitment to improving the lives of provement Act of 2001. that is recognized by Medicare. In my prac- the elderly. This important legislation will go a long tice, I am aware of long waits for seniors to Sincerely, way toward improving Medicare bene- see providers due to the few and the overload DAVID M. BERGMAN, ficiaries’ access to critical mental health of those providers. This, despite the fact that Director of services in our state. As you know, more there may be a Marriage and Family Thera- Legal and Government Affairs. than 90 percent of Wyoming has been des- pist in their community that the state has ignated by the federal government as a men- already deemed qualified to provide the cov- AMERICAN ASSOCIATION FOR tal health professional shortage area. By au- ered services. MARRIAGE AND FAMILY THERAPY, Your support for improved access to men- Washington, DC, December 3, 2001. thorizing Medicare coverage for both Mar- riage and Family Therapists (MFTs) and tal health services is greatly appreciated. We Hon. BLANCHE LAMBERT LINCOLN, look forward to working with you on this Dirksen Senate Office Building, Mental Health Counselors (MHCs), you are more than doubling the number of mental important legislation. Washington, DC. Sincerely, DEAR SENATOR LINCOLN: The American As- health professionals available to provide services to the Medicare population in these DELL TYSON, sociation for Marriage and Family Therapy President. is writing on behalf of the 46,000 marriage underserved areas. and family therapists throughout the United Your legislation will also ensure that Wyo- NATIONAL RURAL HEALTH ASSOCIATION, States to commend you for sponsoring the ming beneficiaries in need of mental health Kansas City, MO, December 3, 2001. Seniors Mental Health Access Improvement services will have the same freedom to Hon. CRAIG THOMAS, Act of 2001. This crucial legislation to ex- choose the mental health professional avail- U.S. Senate, Hart Senate Office Building, pand the mental health benefits for our el- able in their community as the non-Medicare Washington, DC. derly will go a long way towards improving population. As you are aware, our state has DEAR SENATOR THOMAS: On behalf of the Medicare beneficiaries’ access to critical already authorized MFTs to provide a wide National Rural Health Association, I would mental health services provided by Marriage range of mental health services covered by like to convey our strong support for the and Family Therapist (MFTs) and Mental the Medicare program. Unfortunately, be- Seniors Mental Health Access Improvement health Counselors (MHCs) across the nation. cause Medicare does not currently recognize As you know, mental illness is a major Act of 2001. MFTs, Medicare beneficiaries must often While a lack of primary care services in problem for many Americans, and particu- travel hundreds of miles to be seen by a men- larly for the elderly. Research demonstrates rural and frontier areas has long been ac- tal health professional who is recognized by knowledged, the scarcity of rural mental that depression is disproportionately high the Medicare program. This, despite the fact among older persons, as is the incidence of health services has only recently received in- that there may be a Marriage and Family creased attention. At the end of 1997, 76% of suicide. The Surgeon General’s Report on Therapist in their community that the state Mental Health has indicated that there are designated mental health professional short- has already deemed qualified to provide the age areas were located in non-metropolitan effective treatments for these and other covered services. mental illnesses. The Seniors Mental Health areas with a total population of over 30 mil- Access Improvement Act of 2001 helps make Your support for improved access to men- lion Americans. Currently there is an in- these treatments accessible to elderly citi- tal health services is greatly appreciated. We creased need for intervention by mental zens. By expanding the pool of qualified pro- look forward to working with you on this health care professionals to help people cope viders, the bill also achieves the important important legislation. I would also person- with the aftermath of the September 11 ter- objective of increasing access to mental ally like to send my best wishes to you and rorist attacks as well as the ongoing war on health services for elderly in rural areas, Susan and hope that all is well in Wash- terrorism. Because there is less access to where there is a recognized shortage of pro- ington. mental health care in rural America, rural fessionals. Sincerely, residents will have a subsequent lack of pro- Passage of the Seniors Mental Health Ac- CINDY KNIGHT fessional guidance in dealing with the recent cess Improvement Act of 2001 will ensure President. trauma experienced by our country.

VerDate 04-DEC-2001 03:51 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.057 pfrm01 PsN: S04PT1 S12374 CONGRESSIONAL RECORD — SENATE December 4, 2001 The Seniors Mental Health Access Im- ingness to cosponsor legislation that would Mrs. LINCOLN. Mr. President, I am provement Act of 2001 would help provide in- dramatically improve access to mental pleased to join my colleague Senator creased access to mental health car services health services for Medicare beneficiaries. THOMAS today in introducing the Sen- in rural and frontier areas by allowing Li- By adding licensed marriage and family iors Mental Health Access Improve- censed Professional Counselors and Marriage therapists and licensed professional coun- and Family Therapists to bill Medicare for selors, it will open many opportunities with- ment Act of 2001. their services and be paid 80 percent of the in Medicare for patients to locate and re- This bill would expand Medicare cov- lesser of the actual charge for the services or ceive therapy from appropriately trained and erage to licensed professional coun- 75 percent of the amount determined for pay- qualified professionals. selors and licensed marriage and fam- ment of a psychologist. On behalf of the 24,500 members of the Cali- ily therapists. One result of this ex- The membership of the NRHA appreciates fornia Association of Marriage and Family panded coverage will be to increase your bringing attention to the critical issue Therapists, we support your willingness to seniors’ access to mental health serv- of access to mental health care in rural areas co-sponsor this legislation. Under California ices, especially in rural and under- law, licensed marriage and family therapists as well as your ongoing leadership on rural served areas. health issues. The NRHA stands ready to are legally authorized to provide mental health services and are reimbursed by most Licensed professional counselors and work with you on enactment of the Seniors marriage and family therapists are cur- Mental Health Access Improvement Act of all third party payers for the diagnosis and 2001, which would help to increase the avail- treatment of mental disorders. However, be- rently excluded from Medicare cov- ability of mental health care in rural and cause Medicare does not recognize this par- erage even though they meet the same frontier areas. ticular discipline, California licensed mar- education, training, and examination Sincerely, riage and family therapists are precluded requirements that clinical social work- from providing these services and Medicare CHARLOTTE HARDT, ers do. The only difference is that clin- President. beneficiaries are precluded from utilizing marriage and family therapists to provide ical social workers have been covered mental health counseling and treatment. under Medicare for over a decade. NATIONAL RURAL HEALTH ASSOCIATION, Marriage and family therapists are consid- Why do we need this legislation? The Kansas City, MO, December 3, 2001. ered one of the five ‘‘core mental health pro- mental health needs of older Ameri- Hon. BLANCHE LINCOLN, fessions’’ recognized by the federal govern- cans are not being met. Although the U.S. Senate, Hart Senate Office Building, ment. Unfortunately, however, we are the Washington, DC. rate of suicide among older Americans only core mental health profession not rec- DEAR SENATOR LINCOLN: On behalf of the is higher than for any other age group, ognized by Medicare. National Rural Health Association, I would less than three percent of older Ameri- We appreciate and thank you for you will- like to convey our strong support for the ingness to take on the challenge of spon- cans report seeing mental health pro- Seniors Mental Health Access Improvement soring legislation to make LMFTs and LPCs fessionals for treatment. And going to Act of 2001. eligible for reimbursement by Medicare. their primary care physician is simply While a lack of primary care services in Sincerely, not enough. Research shows that most rural and frontier areas has long been ac- MARY RIEMERSMA, primary care providers receive inad- knowledged, the scarcity of rural mental Executive Director. health services has only recently received in- equate mental health training, particu- creased attention. At the end of 1997, 76% of larly in geriatrics. CALIFORNIA ASSOCIATION OF designated mental health professional short- Lack of access to mental health pro- MARRIAGE AND FAMILY THERAPISTS, age areas were located in non-metropolitan viders is one of the primary reasons San Diego, CA, November 19, 2001. why older Americans don’t get the areas with a total population of over 30 mil- Re Medicare Legislation to Recognize Mar- lion Americans. Currently there is an in- riage and Family Therapists and Profes- mental health treatment they need. creased need for intervention by mental sional Counselors. Not surprisingly, this problem is exac- health care professionals to help people cope Hon. BLANCHE LINCOLN, erbated in rural and underserved areas. with the aftermath of the September 11 ter- U.S. Senate, Licensed professional counselors are rorist attacks as well as the ongoing war on Washington, DC. often the only mental health special- terrorism. Because there is less access to DEAR SENATOR LINCOLN: We are writing to ists available in rural and underserved mental health care in rural America, rural you in recognition and support of your will- residents will have a subsequent lack of pro- communities. This is true in my home ingness to cosponsor legislation that would fessional guidance in dealing with the recent State of Arkansas, where 91 percent of dramatically improve access to mental trauma experienced by our country. Arkansans reside in a mental health health services for Medicare beneficiaries. The Seniors Mental Health Access Im- professional shortage area. By adding licensed marriage and family provement Act of 2001 would help provide in- Since there are more licensed profes- therapists and licensed professional coun- creased access to mental health car services selors, it will open many opportunities with- sional counselors practicing in my in rural and frontier areas by allowing Li- in Medicare for patients to locate and re- State than any other mental health censed Professional Counselors and Marriage ceive therapy from appropriately trained and professional, this legislation will sig- and Family Therapists to bill Medicare for qualified professionals. nificantly increase the number of their services and be paid 80 percent of the On behalf of the 24,500 members of the Cali- lesser of the actual charge for the services or Medicare—eligible mental health pro- fornia Association of Marriage and Family 75 percent of the amount determined for pay- viders in Arkansas. Licensed profes- Therapists, we support your willingness to ment of a psychologist. sional counselors are already serving co-sponsor this legislation. Under California The membership of the NRHA appreciates law, licensed marriage and family therapists patients who have private insurance or your bringing attention to the critical issue are legally authorized to provide mental Medicaid. It is time for Medicare pa- of access to mental health care in rural areas health services and are reimbursed by most tients to also have access to these pro- as well as your ongoing leadership on rural all third party payers for the diagnosis and fessionals. health issues. The NRHA stands ready to treatment of mental disorders. However, be- The bill we are introducing today is work with you on enactment of the Seniors cause Medicare does not recognize this par- Mental Health Access Improvement Act of an important first step in expanding ticular discipline, California licensed mar- 2001, which would help to increase the avail- access to good mental health. By in- riage and family therapists are precluded ability of mental health care in rural and cluding licensed professional coun- from providing these services and Medicare frontier areas. selors and licensed marriage and fam- beneficiaries are precluded from utilizing Sincerely, marriage and family therapists to provide ily therapists among the list of pro- CHARLOTTE HARDT, mental health counseling and treatment. viders who deliver mental health serv- President. Marriage and family therapists are consid- ices to Medicare beneficiaries, we will ered one of the five ‘‘core mental health pro- help ensure that all seniors, no matter CALIFORNIA ASSOCIATION OF fessions’’ recognized by the federal govern- where they live, have the opportunity MARRIAGE AND FAMILY THERAPISTS, ment. Unfortunately, however, we are the to receive mental health treatment. San Diego, CA, November 19, 2001. only core mental health profession not rec- Re Medicare Legislation to Recognize Mar- ognized by Medicare. By Mr. DORGAN (for himself, Mr. riage and Family Therapists and Profes- We appreciate and thank you for you will- sional Counselors. CAMPBELL, and Mr. BINGAMAN): ingness to take on the challenge of spon- S. 1761. A bill to amend title XVII of Hon. CRAIG THOMAS, soring legislation to make LMFTs and LPCs U.S. Senate, eligible for reimbursement by Medicare. the Social Security Act to provide for Washington, DC. Sincerely, coverage of cholesterol and blood lipid DEAR SENATOR THOMAS: We are writing to MARY RIEMERSMA, screening under the Medicare Program; you in recognition and support of your will- Executive Director. to the Committee on Finance.

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.059 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12375 Mr. DORGAN. Mr. President, today I It is only right that the Congress do To me, homeland security also means am introducing the Medicare Choles- what it can to help implement the giving all of our Nation’s law enforce- terol Screening Coverage Act of 2001, guidelines of the National Heart, Lung ment officers the tools and training along with my colleagues Mr. CAMP- and Blood Institute, and it is only they need to do their jobs. And that BELL and Mr. BINGAMAN. This bipar- right that we provide these benefits for means recognizing that law enforce- tisan legislation, which also has been all Medicare recipients. I urge my Sen- ment in rural America has its own introduced in the House of Representa- ate colleagues to join me in cospon- unique set of challenges: rural law en- tives, would add blood cholesterol soring this piece of legislation. I ask forcement officers patrol larger areas, screening as a covered benefit for Medi- unanimous consent that the text of the and operate under tighter budgets with care beneficiaries. bill be printed in the RECORD. smaller staffs, than most of their urban The most recent guidelines from the There being no objection, the bill was and suburban counterparts. National Heart, Lung and Blood Insti- ordered to be printed in the RECORD, as In States like South Dakota, often, tute recommends that all Americans follows: just a handful of people are responsible over the age of 20 be screened for high S. 1761 for patrolling an entire county. Law cholesterol. Yet current Medicare pol- Be it enacted by the Senate and House of Rep- enforcement officers respond to a lot of icy only covers cholesterol testing for resentatives of the United States of America in calls alone, and often have to commu- patients who already have heart dis- Congress assembled, nicate with each other by cell phone. ease, stroke or other disorders associ- SECTION 1. SHORT TITLE. Backup can be several hours away. Yet ated with elevated cholesterol levels. This Act may be cited as the ‘‘Medicare we expect the same quality of service, Thus, enactment of this bill will help Cholesterol Screening Coverage Act of 2001’’. and we demand lower crime rates. save lives of the approximately one- SEC. 2. MEDICARE COVERAGE OF CHOLESTEROL I believe Washington can and must third of Medicare recipients not al- AND BLOOD LIPID SCREENING. do a better job of helping rural law en- ready covered for cholesterol testing. (a) IN GENERAL.—Section 1861 of the Social forcement do their work. That is why I High cholesterol is a major risk fac- Security Act (42 U.S.C. 1395x) is amended— am proud to join my colleague and (1) in subsection (s)(2)— tor for heart disease and stroke, the (A) by striking ‘‘and’’ at the end of sub- friend, Senator TIM JOHNSON, in intro- Nation’s number 1 and number 3 killers paragraph (U); ducing the Rural Safety Act of 2001. of both men and women. Cardio- (B) by adding ‘‘and’’ at the end of subpara- While TIM and I are the ones intro- vascular disease kills nearly a million graph (V); and ducing this bill, we want to thank all people each year in this country, more (C) by adding at the end the following new of the South Dakota sheriffs with than the next seven leading causes of subparagraph: whom we’ve spoken whose ideas and death combined. In particular, Ameri- ‘‘(W) cholesterol and other blood lipid experiences are incorporated within it. cans over the age of 65 have the highest screening tests (as defined in subsection For my part, I’d like to recognize: (ww)(1));’’; and rate of coronary heart disease, CHD, in (2) by adding at the end the following new Sheriff Mike Milstead of Minnehaha the Nation and about 80 percent of the subsection: County, Sheriff Mark Milbrandt of deaths from CHD occur in this age ‘‘Cholesterol and Other Blood Lipid Brown County, Sheriff Leidholt of group. It is not surprising that cardio- Screening Test Hughes County, Chief Al Aden of vascular diseases account for one-third ‘‘(ww)(1) The term ‘cholesterol and other Pierre, Chief Duane Heeney of of all Medicare’s spending for hos- blood lipid screening test’ means diagnostic Yankton, Chief Ken Schwab of my pitalizations. testing of cholesterol and other lipid levels hometown, Aberdeen, Chief Doug Obviously, in order to slow the onset of the blood for the purpose of early detec- Feltman of Mitchell; and Chief Craig of CHD, it is first necessary to identify tion of abnormal cholesterol and other lipid Tieszen of Rapid City. those with elevated cholesterol, which levels. One theme I’ve heard repeated on is why passage of this bill is so critical. ‘‘(2) The Secretary shall establish stand- visit after visit is this: Washington The importance of identifying those at ards, in consultation with appropriate orga- needs to do a better job working with nizations, regarding the frequency and type State and local law enforcement agen- risk for CHD is illustrated by the re- of cholesterol and other blood lipid screening sults of just released research from Ox- tests for individuals who do not otherwise cies. To me, that means building on ford University. This study showed qualify for coverage for cholesterol and what we know works, and developing that in elderly people, lowering of cho- other blood lipid testing based on established new initiatives that respond to the spe- lesterol was associated with a one- clinical diagnoses.’’. cial law enforcement challenges of third reduction in heart attack and (b) FREQUENCY.—Section 1862(a)(1) of such small towns and rural communities. To stroke and a substantially reduced Act (42 U.S.C. 1395y(a)(1)) is amended— that end, this bill does six things: need for surgery to repair or open (1) by striking ‘‘and’’ at the end of subpara- First, it builds on our success with the graph (H); clogged arteries. (2) by striking the semicolon at the end of COPS program. COPS has enabled Clearly, this bill can save lives. Yet subparagraph (I) and inserting ‘‘; and’’; and South Dakota communities to hire despite the importance of identifying (3) by adding at the end the following new more than 300 law enforcement officers. this major, changeable risk factor for subparagraph: Across the country, it’s added more cardiovascular disease, screening for ‘‘(J) in the case of a cholesterol and other than 100,000 new officers to the ‘‘thin cholesterol is not covered by Medicare. blood lipid screening test (as defined in sec- blue line.’’ Under this proposal, rural I have felt for a long while that our tion 1861(ww)(1)), which is performed more communities that hire officers through health care system, and Medicare in frequently than is covered under section the COPS program will be eligible for 1861(ww)(2).’’. particular, needs to place a greater em- federal funding to keep those offices on (c) EFFECTIVE DATE.—The amendments phasis on preventative health care. Im- made by this section shall apply to tests fur- for a fourth year. plementation of the measures in this nished on or after January 1, 2003. Second, because rural law enforce- bill can potentially decrease the inci- ment officers have to cover such large dence of cardiovascular disease result- By Mr. DASCHLE (for himself areas, rural law enforcement agencies ing in reduced illness, debilitation and and Mr. JOHNSON): arguably have a greater need for ad- death. Early detection of illness is S. 1763. A bill to promote rural safety vanced communications equipment often an important factor in successful and improve rural law enforcement; to than many urban and suburban depart- treatment and has been effective in re- the Committee on Finance. ments, but have fewer resources to pur- ducing long-term health care costs. Mr. DASCHLE. Mr. President, in the chase them. Recently, I received a let- Previously, Congress in its wisdom, weeks since September 11, we’ve heard ter from Sgt. Marty Goetsch in the has acted to provide for other screen- a lot about homeland security. Right Lawrence County Sheriff’s Office in ing tests including bone mass measure- now, we’re working to make our Na- Deadwood, SD. He told me that his of- ment, and screenings for glaucoma and tion’s infrastructure more secure, our fice, and its staff of 11, are ‘‘very much for colorectal, prostate and breast can- food and water supply safer, and to im- behind in the available technology.’’ cer. Now we must take another step in prove our government’s ability to re- This bill provides funds to help rural the right direction by extending Medi- spond to chemical and biological weap- communities obtain things like mobile care coverage for cholesterol screening. ons attacks. data computers and dash-mounted

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.077 pfrm01 PsN: S04PT1 S12376 CONGRESSIONAL RECORD — SENATE December 4, 2001 video cameras. It will also provide ad- Mr. LIEBERMAN. Mr. President, ture and do so for business reasons that ditional funds for training to use new America has a major flaw in its de- make sense for their investors on the technologies. fenses against bioterrorism. Recent bottom line. Third, this bill will establish a Rural hearings I chaired in the Government Enactment of these incentives is nec- Policing Institute as a way to help Affairs Committee on bioterrorism essary as most biotech companies have rural law enforcement officers upgrade demonstrated that America has not no approved products or revenue from their skills and tactics. made a national commitment to re- product sales to fund research. They Fourth, it will expand and improve search and development of treatments rely on investors and equity capital the 9-1-1 emergency assistance systems and cures for those who might be ex- markets to fund the research. They in rural areas. Many of us take for posed to or infected by a biological must necessarily focus on research granted that in an emergency, we can agent or chemical toxin. Correcting that will lead to product sales and rev- call 9-1-1, and help will be there. In this critical gap is the purpose of legis- enue and, thus, to an end to their de- rural and remote areas, the nearest lation I am introducing today. pendence on investor capital. There is help may be miles away. We need to Obviously, our first priority must be no established or predictable market make sure that people in rural areas to attempt to prevent the use of these for countermeasures. Investors are jus- can rely on a modern, integrated sys- agents and toxins by terrorists, quick- tifiably reluctant to fund this research, tem of communication between law en- ly assess when an attack has occurred, which will present challenges similar forcement, and fire and other safety of- take appropriate public health steps to in complexity to AIDS. Investors need ficials. The Rural Safety Act will pro- contain the exposure, stop the spread assurances that research on counter- vide the resources to finish the job and of contagion, and then detoxify the measures has the potential to provide a develop a seamless 9-1-1 system all site. These are all critical functions, rate of return commensurate with the across America. but in the end we must recognize that risk, complexity and cost of the re- Fifth, the bill will help communities some individuals may be exposed or in- search, a rate of return comparable to create ‘‘restorative justice’’ for first- fected. Then the critical issue is wheth- that which may arise from a treatment time, non-violent juvenile offenders. er we can treat and cure them and pre- for cancer, MS, Cystic Fibrosis and These programs offer victims the op- vent death and disability. other major diseases. portunity to confront youthful offend- We need a diversified portfolio of It is in our national interest to enlist ers and require that these offenders medicines. In cases where we have these companies in the development of make meaningful restitution to their ample advance warning of an attack countermeasures as biotech companies victims. In many cases, that will meet and specific information about the tend to be innovative and nimble and our societal goals more effectively and agent or toxin, we may be able to vac- intently focused on the intractable dis- more efficiently that costly incarcer- cinate the vulnerable population in ad- eases for which no effective medical ation. vance. In other cases, even if we have a treatments are available. Sixth, it will enable us to stop the vaccine, we might well prefer to use The incentives I have proposed are spread of ‘‘meth’’ now, before it be- medicines that would quickly stop the innovative and some may be controver- comes a crisis. A study released last progression of the disease or the toxic sial. I invite everyone who has an in- year by the Center on Addiction and effects. We also need a powerful capac- terest and a stake in this research to Substance Abuse at Columbia Univer- ity quickly to develop new counter- enter into a dialogue about the issue sity shows that eighth graders living in and about the nature and terms of the rural communities are 104 percent measures where we face a new agent or appropriate incentives. I have at- more likely to have used amphet- toxin. Unfortunately, we are woefully short tempted to anticipate the many com- amines, including methamphetamine. of vaccines and medicines to treat indi- plicated technical and policy issues We need to stop the use of all of these viduals who are exposed or infected. We that this legislation raises. The key drugs, but in rural America, meth is have antibiotics that seem to work for particularly addictive, and devastat- focus of our debate should be how, not most of those infected in the current ingly destructive. This proposal will in- whether, we address this critical gap in anthrax attack, but these have not pre- crease prevention and treatment of our public health infrastructure and meth use, and cleanup of meth labs vented five deaths. We have no effec- the role that the private sector should that have been discovered and shut tive vaccines or medicines for most play. Millions of Americans will be at down. other biological agents and chemical risk if we fail to enact legislation to Seventh and finally, our plan will toxins we might confront. In some meet this need. offer gun owners tax credits to pur- cases we have vaccines to prevent, but My proposal is complimentary to leg- chase gun safes. It will also provide law no medicines to treat, an agent. We islation on bioterrorism preparedness enforcement agencies with resources to have limited capacity to speed the de- sponsored by Senators FRIST and KEN- buy and install gun safes or gun stor- velopment of vaccines and medicines to NEDY. Their bill, the Bioweapons Pre- age racks for officers’ homes. I don’t prevent or treat novel agents and tox- paredness Act of 2001, S. 1715, focuses believe Washington should restrict the ins not currently known to us. on many needed improvements in our right of law-abiding citizens to own We have provided, and should con- public health infrastructure. It builds guns. But if gun owners want help in tinue to provide, direct Federal funding on their proposal in the 106th Congress, preventing accidental gun tragedies, I for research and development of new S. 2731, and H.R. 4961, sponsored by believe Washington can, and should, medicines, however, this funding is un- Congressman RICHARD BURR. help. likely to be sufficient. Even with Among the provisions in these bills When we talk about homeland secu- ample Federal funding, many private are initiatives on improving bioter- rity, I believe we need to think about companies will be reluctant to enter rorism preparedness capacities, im- the law enforcement needs of those into agreements with government proving communication about bioter- who live in America’s rural areas. That agencies to conduct this research. rorism, protection of children, protec- is what this bill does, and that is why Other companies would be willing to tion of food safety, and global pathogen I encourage all of my colleagues to sup- conduct the research with their own surveillance and response. The Senate port it. capital and at their own risk but are Appropriations Committee reported not able to secure the funding from in- legislation to appropriate the funds for By Mr. LIEBERMAN: vestors. the purposes authorized in the Frist- S. 1764. A bill to provide incentives to The legislation I introduce today Kennedy proposal and that was incor- increase research by commercial, for- would provide incentives for private porated in the stimulus package pend- profit entities to develop vaccines, biotechnology companies to form cap- ing in the Senate before the Thanks- microbicides, diagnostic technologies, ital to develop countermeasures, medi- giving recess. and other drugs to prevent and treat cines, to prevent, treat and cure vic- Title IV of their bill includes provi- illnesses associated with a biological or tims of bioterror attacks. This will en- sions to expand research on biological chemical weapons attack; to the Com- able this industry to become a vital agents and toxins, as well as new treat- mittee on Finance. part of the national defense infrastruc- ments and vaccines for such agents and

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A04DE6.045 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12377 toxins. Since the effectiveness of vac- of Congressional staffers and postal to either of them. Furthermore, two cines, drugs, and therapeutics for many workers awaiting their Cipro. Think signatories of the BWC, Iran and Iraq, biological agents and toxins often may what it would be like if we could only are among the seven governments that not ethically be tested in humans, the say, ‘‘We have nothing to treat you and the Secretary of State has designated bill ensures that the Food and Drug hope you don’t contract the disease.’’ as state sponsors of international ter- Administration, FDA, will finalize by a Think of the public panic that we rorism, and we know for a fact that date certain its rule regarding the ap- might see. they have both pursued clandestine bi- proval of new countermeasures on the I am grateful that this product exists ological weapons programs. The BWC, basis of animal data. Priority counter- and proud of the fact that the Bayer unlike the CWC, has no teeth, it does measures will also be given enhanced Company is based in Connecticut. The not include any provisions for consideration for expedited review by last thing we should be doing is criti- verification or enforcement. Since we the FDA. They rely on the authority, cizing this company for their research clearly cannot assume that any coun- through an existing Executive Order, success. The company has dispensed try that signs on to the Convention to ensure indemnification of sponsors millions of dollars worth of Cipro free does so in good faith, the Convention’s who supply vaccines to the Govern- of charge. Criticizing it for the price protective value is limited. ment. And the bill provides a limited that it charges tells other research On November 1 of this year, the antitrust exemption to allow potential companies that the more valuable their President announced his intent to sponsors to discuss and agree upon how products are in protecting the public strengthen the BWC as part of his com- to develop, manufacture, and produce health, the more likely they are to be prehensive strategy for combating ter- new countermeasures, including vac- criticized and bullied. rorism. A BWC review conference, held cines, and drugs. Federal Trade Com- It is fortuitous that Cipro seems to every 5 years to consider ways of im- mission and the Department of Justice be effective against anthrax. The prod- proving the Convention’s effectiveness, approval of such agreements is re- uct was not developed with this use in will convene in Geneva beginning No- quired to ensure such agreements are mind. My point with this legislation is vember 19. In anticipation of that not anti-competitive. we cannot rely on good fortune and meeting, the President has urged that My legislation builds on these provi- chance in the development of counter- all parties to the Convention enact sions by providing incentives to enable measures. We need to make sure that strict national criminal legislation to the biotechnology industry acting on these countermeasures will be devel- crack down on prohibited biological its own initiative to fund and conduct oped. We need more companies like weapons activities, and he has called research on countermeasures. It in- Bayer, we need them focused specifi- for an effective United Nations proce- cludes tax, procurement, intellectual cally on developing medicines to deal dure for investigating suspicious out- property and liability incentives. Ac- with the new bioterror threat, and we breaks of disease or allegations of bio- cordingly, my proposal raises issues need to tell them that there are good logical weapons use. falling within the jurisdiction of the business reasons for this focus. These steps are welcomed, but they We also are fortunate to have an HELP, Finance, and Judiciary Com- are small. Even sweeping reforms, like FDA-licensed vaccine, made by mittees. creating a more stringent verification BioPort Corporation, that is rec- The Frist-Kennedy bill and my bill and enforcement regime, would not ommended by our country’s medical are complimentary. We do need to con- guarantee our safety. The robust experts at the DOD and CDC for pre-an- form the two bills to one another on verification and enforcement mecha- thrax exposure vaccination of individ- some issues: the bills have different nisms in the CWC, for instance, have uals in the military and some individ- definitions of the term ‘‘counter- proven to be imperfect, and scientists uals in certain laboratory and other oc- measure,’’ my bill gives the Director of agree that it is much easier to conceal cupational settings where there is a Homeland Defense authority over the the production of biological agents high risk of exposure to anthrax. This countermeasure list whereas the Sec- than chemical weapons. retary of Health and Human Services vaccine is also recommended for use The inescapable fact, therefore, is would have authority under Frist/Ken- with Cipro after exposure to anthrax to that we cannot count on international nedy, and my bill establishes a ‘‘pur- give optimal and long-lasting protec- regimes to prevent those who wish us chase fund’’ and Frist-Kennedy is a tion. That vaccine is not now available ill from acquiring biological and chem- ‘‘stockpile.’’ The best, most com- for use. We must do everything nec- ical weapons. We must be prepared for prehensive approach would be to meld essary to make this and other vaccines the reality that these weapons could the two bills together. available in adequate quantities to pro- The bottom line is that we need both tect against future attacks. But the fall into the hands of terrorists, and bills, one focusing on public health and point of this legislation is that we need could be used against Americans on one focusing on medical research. many more Cipro-like and antrax vac- American soil. And we must be pre- Without medical research, public cine-like products. That we have these pared to treat the victims of such an health workers will not have the single products is the good news; that we have attack if it were ever to occur. most important tool to use in an at- so few others is the problem. On November 26, the Centers for Dis- tack, medicine to prevent death and One unfortunate truth in this debate ease Control issued its interim working disability and medicine that will help is that we cannot rely upon inter- draft plan for responding to an out- us avoid public panic. national legal norms and treaties alone break of smallpox. The plan does not We are fortunate that we have broad- to protect our citizens from the threat call for mass vaccination in advance of spectrum antibiotics including Cipro to of biological or chemical attack. a smallpox outbreak because the risk treat the type of anthrax to which so The United States ratified the Bio- of side effects from the vaccine out- many have been exposed. This treat- logical and Toxin Weapons Convention, weighs the risks of someone actually ment seems to be effective before the BWC, on January 22, 1975. That Conven- being exposed to the smallpox virus. At anthrax symptoms become manifest, tion now counts 144 nations as parties. the heart of the plan is a strategy and effective to treat cutaneous an- Twenty-two years later, on April 24, sometimes called ‘‘search and contain- thrax, and we have been able to effec- 1997, the United States Senate joined 74 ment.’’ tively treat some individuals who have other countries when it ratified the This strategy involves identifying in- inhalation anthrax. I am thankful that Chemical Weapons Convention, CWC. fected individual or individuals with this drug exists to treat those who While these Conventions serve impor- confirmed smallpox, identifying and lo- have been exposed, including my own tant purposes, they do not in any way cating those people who come in con- Senate staff. Our offices are imme- guarantee our safety in a world with tact with that person, and vaccinating diately above those of Senator rogue states and terrorist organiza- those people in outward rings of con- DASCHLE. tions. tact. The goal is to produce a buffer of We have seen how reassuring it is The effectiveness of both Conven- immune individuals and was shown to that we have an effective treatment for tions is constrained by the fact that prevent smallpox and to ultimately this biological agent. We see long lines many countries have failed to sign on eradicate the outbreak. Priorities

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.078 pfrm01 PsN: S04PT1 S12378 CONGRESSIONAL RECORD — SENATE December 4, 2001 would be set on who is vaccinated, per- or limit the transmission of the disease to all those who might have been ex- haps focusing on the outward rings be- to others.’’ Federal law on this subject posed may be exceedingly difficult. fore those at the center of the out- is very strong and the Administration And once infection has occurred, we break. The plan assumes that the can always rely on the President’s Con- have no effective treatment options. smallpox vaccination is effective for stitution authority as Commander in In the last century 500 million people persons who have been exposed to the Chief. have died of smallpox, more than have disease as long as the disease has not Let us try to imagine, however, what from any other infectious diseases, as taken hold. it would be like if a quarantine is im- compared to 320 million deaths in all In practice it may be necessary to set posed. Let us assume that there is not the wars of the twentieth century. a wide perimeter for these areas be- enough smallpox vaccine available for Smallpox was one of the diseases that cause smallpox is highly contagious be- use in a large outbreak, that the pri- nearly wiped out the entire Native fore it might be diagnosed. There may ority is to vaccinate those in the out- American population in this hemi- be many areas subject to search and ward rings of the containment area sphere. The last naturally acquired containment because people in our so- first, that the available vaccines can- case of smallpox occurred in Somalia ciety travel frequently and widely. Ter- not be quickly deployed inside the in 1977 and the last case from labora- rorists might trigger attacks in a wide quarantined area, that it is not pos- tory exposure was in 1978. range of locations to multiply the con- sible to quickly trace and identify all Smallpox is a nasty pathogen, car- fusion and panic. The most common of the individuals who might have been ried in microscopic airborne droplets form of smallpox has a 30-percent mor- exposed, and/or that public health inhaled by its victims. The first signs tality rate, but terrorists might be able workers themselves might be infected. are headache, fever, nausea and back- to obtain supplies of ‘‘flat-type’’ small- We know that there is no medicine to ache, sometimes convulsions and delir- pox with a mortality rate of 96 percent treat those who do become infected. We ium. Soon, the skin turns scarlet. and hemorrhagic-type smallpox, which know the mortality rates. It is not When the fever lets up, the telltale is almost always fatal. For these rea- hard to imagine how much force might rash appears, flat red spots that turn sons, the CDC plan accepts the possi- be necessary to enforce the quarantine. into pimples, then big yellow pustules, bility that whole cities or other geo- It would be quite unacceptable to per- then scabs. Smallpox also affects the graphic areas could be cordoned off, mit individuals to leave the quar- throat and eyes, and inflames the letting no one in or out, a quarantine antined area no matter how much heart, lungs, liver, intestines and other enforced by police or troops. panic had taken hold. internal organs. Death often came from The plan focuses on enforcement au- Think about how different this sce- internal bleeding, or from the organs thority through police or National nario would be if we had medicines simply being overwhelmed by the Guard, isolation and quarantine, man- that could effectively treat and cure virus. Survivors were left covered with datory medical examinations, and ra- those who become infected by small- pockmarks, if they were lucky. The un- tioning of medicines. It includes a dis- pox. We still might implement the CDC lucky ones were left blind, their eyes cussion of ‘‘population-wide quarantine plan but a major element of the strat- permanently clouded over. Nearly one measures which restrict activities or egy would be to persuade people to in four victims died. The infection rate limit movement of individuals [includ- visit their local clinic or hospital to be is estimated to be 25–40 percent for ing] suspension of large public gath- dispensed their supply of medicine. We those who are unvaccinated and a sin- erings, closing of public places, restric- could trust that there would be a very gle case can cause 20 or more addi- tion on travel [air, rail, water, motor high degree of voluntary compliance. tional infections. vehicle, and pedestrian], and/or ‘cordon This would give us more time, give us During the 16th Century, 3.5 million sanitaire’ [literally a ‘sanitary cord’ or options if the containment is not suc- Aztecs, more than half the population, line around a quarantined area guarded cessful, give us options to treat those died of smallpox during a 2-year span to prevent spread of disease by restrict- in the containment area who are in- after the Spanish army brought the ing passage into or out of the area].’’ fected, and enable us to quell the pub- disease to Mexico. Two centuries later, The CDC recommends that States up- lic panic. the virus ravaged George Washington’s date their laws to provide authority for Because we have no medicine to treat troops at Valley Forge. And it cut a ‘‘enforcing quarantine measures’’ and those infected by smallpox, we have to deadly path through the Crow, Dakota, it recommends that States in ‘‘pre- be prepared to implement a plan like Sioux, Blackfoot, Apache, Comanche event planning’’ identify ‘‘personnel the one CDC has proposed. Theirs is the and other American Indian tribes, help- who can enforce these isolation and only option because our options are so ing to clear the way for white settlers quarantine measures, if necessary.’’ limited. We need to expand our range to lay claim to the western plains. The Guide C, Isolation and Quarantine, of options. epidemics began to subside with one of page 17. We should not be lulled by the appar- medicine’s most famous discoveries: On October 23, 2001, the CDC pub- ent successes with Cipro and the the finding by British physician Ed- lished a ‘‘Model State Emergency strains of anthrax we have seen in the ward Jenner in 1796 that English milk- Health Powers Act.’’ It was prepared by recent attacks. We have not been able maids who were exposed to cowpox, a the Center for Law and the Public’s to prevent death in some of the pa- mild second cousin to smallpox that af- Health at Georgetown and Johns Hop- tients with late-stage inhalation an- flicts cattle, seemed to be protected kins Universities, in conjunction with thrax and Robert Stevens, Thomas against the more deadly disease. the National Governors Association, Morris Jr., Joseph Curseen, Kathy Jenner’s work led to the development National Conference of State Legisla- Nguyen, and Ottilie Lundgren have of the first vaccine in Western medi- tures, Association of State and Terri- died. This legislation is named in honor cine. While later vaccines used either a torial Health Officials, National Asso- of them. What we needed for them, and killed or inactivated form of the virus ciation of City and County Health Offi- did not have, is a drug or vaccine that they were intended to combat, the cers, and National Association of At- would treat late stage inhalation an- smallpox vaccine worked in a different torneys General. A copy of the model thrax. way. It relied on a separate, albeit re- law is printed at As I have said, we need an effective lated virus: first cowpox and the www.publichealthlaw.net. The law treatment for those who become in- vaccinia, a virus of mysterious origins would provide powers to enforce the fected with smallpox. We have a vac- that is believed to be a cowpox deriva- ‘‘compulsory physical separation, in- cine that effectively prevents smallpox tive. The last American was vaccinated cluding the restriction of movement or infection, and administering this vac- back in the 1970s and half of the U.S. confinement, of individuals and/or cine within four days of first exposure population has never been vaccinated. groups believed to have been exposed to has been shown to offer some protec- It is not known how long these vac- or known to have been infected with a tions against acquiring infection and cines provide protection, but it is esti- contagious disease from individuals significant protection against a fatal mated that the term is 3–5 years. who are believed not to have been ex- outcome. The problem is that admin- In an elaborate smallpox biowarfare posed or infected, in order to prevent istering the vaccine in this time frame scenario enacted in February 1999 by

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.080 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12379 the Johns Hopkins Center for Civilian days minimum, 4–14 days maximum.’’ lewisite, nitrogenadn sulfur mustards, Biodefense Studies, it was projected The instructions listed the symptoms and phosgene oxime; heavy metals, ar- that within 2 months 15,000 people had of ricin as vomiting, stomach cramps, senic, lead, and mercury; and volatile died, epidemics were out of control in extreme thirst, bloody diarrhoea, toxins, benzene, chloroform, fourteen countries, all supplies of throat irritation, respiratory collapse trihalomethanes; pulmonary agents, smallpox vaccine were depleted, the and death. Phosgene, chlorine, vinly chloride; and global economy was on the verge of No specific treatment or vaccine for incapacitating agents, BZ. collapse, and military control and ricin toxin exists. Ricin is produced The naturally occurring forms of quarantines were in place. Within easily and inexpensively, highly toxic, these agents and toxins are enough to twelve months it was projected that and stable in aerosolized form. A large cause concern, but we also know that eighty million people worldwide had amount of ricin is necessary to infect during the 1980s and 1990s the Soviet died. whole populations, the amount of ricin Union conducted bioweapons research A single case of smallpox today necessary to cover a 100-km 2 area and at 47 laboratories and testing sites, em- would become a global public health cause 50 percent lethality, assuming ployed nearly 50,000 scientists in the threat and it has been estimated that a aerosol toxicity of 3 mcg/kg and opti- work, and that they developed geneti- single smallpox bioterror attack on a mum dispersal conditions, is approxi- cally modified versions of some of single American city would necessitate mately 4 metric tons, whereas only 1 these agents and toxins. The goal was the vaccination of 30–40 million people. kg of Bacillus anthracis is required. to develop an agent or toxin that was The U.S. Government is now in the But it can be used to terrorize a large particularly virulent or not vulnerable process of purchasing substantial population with great effect because it to available antibiotics. stocks of the smallpox vaccine. We is so lethal. The United States has publicly stat- then face a very difficult decision on Use of ricin as a terror weapon is not ed that five countries are developing deploying the vaccine. We know that theoretical. In 1991 in Minnesota, 4 biological weapons in violation of the some individuals will have an adverse members of the Patriots Council, an Biological Weapons convention, North reaction to this vaccine. No one in the extremist group that held Korea, Iraq, Iran, Syria, and Libya, and United States has been vaccinated antigovernment and antitax ideals and stated that additional countries not against smallpox in 25 years. Those advocated the overthrow of the U.S. yet named, possibly including Russia, that were vaccinated back then may Government, were arrested for plotting China, Israel, Sudan and Egypt, are not be protected against the disease to kill a U.S. marshal with ricin. The also doing so as well. today. If we had an effective treatment ricin was produced in a home labora- What is so insidious about biological for those who might become infected tory. They planned to mix the ricin weapons is that in many cases the by smallpox, we would face much less with the solvent dimethyl sulfoxide, symptoms resulting from a biological pressure regarding deploying the vac- DMSO, and then smear it on the door weapons attack would likely take time cine. If we face a smallpox epidemic handles of the marshal’s vehicle. The to develop, so an act of bioterrorism from a bioterrorism attack, we will plan was discovered, and the 4 men may go undetected for days or weeks. have no Cipro to reassure the public were convicted. In 1995, a man entered Affected individuals would seek med- and we will be facing a highly con- Canada from Alaska on his way to ical attention not from special emer- tagious disease and epidemic. To be North Carolina. Canadian custom offi- gency response teams but in a variety blunt, it will make the current anthrax cials stopped the man and found him in of civilian settings at scattered loca- attack look benign by comparison. possession of several guns, $98,000, and tions. This means we will need medi- Smallpox is not the only threat. We a container of white powder, which was cines that can treat a late stage of the have seen other epidemics in this cen- identified as ricin. In 1997, a man shot disease, long after the infection has tury. The 1918 influenza epidemic pro- his stepson in the face. Investigators taken hold. We must recognize that the distinc- vides a sobering admonition about the discovered a makeshift laboratory in tive characteristic of biological weap- need for research to develop medicines. his basement and found agents such as ons is that they are living micro-orga- In 2 years, a fifth of the world’s popu- ricin and nicotine sulfate. And, ricin nisms and are thus the only weapons lation was infected. In the United was used by the Bulgarian secret police that can continue to proliferate with- States the 1918 epidemic killed more when they killed Georgi Markov by out further assistance once released in than 650,000 people in a short period of stabbing him with a poison umbrella as a suitable environment. time and left 20 million seriously ill, he crossed Waterloo Bridge in 1978. The lethality of these agents and tox- Going beyond smallpox, influenza, one-fourth of the entire population. ins, and the panic they can cause, is The average lifespan in the U.S. was and ricin, we do not have an effective quite frightening. The capacity for ter- depressed by ten years. In just 1 year, vaccine or treatment for dozens of ror is nearly beyond comprehension. I the epidemic killed 21 million human other deadly and disabling agents and do not believe it is necessary to de- beings worldwide—well over twice the toxins. Here is a partial list of some of scribe the facts here. My point is sim- number of combat deaths in the whole the other biological agents and chem- ple: we need more than military intel- of World War I. The flu was exception- ical toxins for which we have no effec- ligence, surveillance, and public health ally virulent to begin with and it then tive treatments: clostridium botu- capacity. We also need effective medi- underwent several sudden and dramatic linum toxin, botulism; francisella cines. We also need more powerful re- mutations in its structure. Such tularensis, tularaemia; Ebola hemor- search tools that will enable us to mutations can turn flu into a killer be- rhagic fever, Marbug hemorrhagic quickly develop treatments for agents cause its victims’ immune systems fever, Lassa fever, Julin, Argentine and toxins not on this or any other list. have no antibodies to fight off the al- hemorrhagic fever; Coxiella burnetti, Q We need to do whatever it takes to be tered virus. Fatal pneumonia can rap- fever; brucella species, brucellosis; able to reassure the American people idly develop. burkholderia mallei, glanders; Ven- that hospitals and doctors have power- Another deadly toxin, ricin toxin, ezuelan encephalomyelitis, eastern and ful medicines to treat them if they are was of interest to the al-Qaeda ter- western equine encephalomyelitis, ep- exposed to biological agents or toxins, rorist network. At an al-Qaeda silon toxin of clostridium perfringens, that we can contain an outbreak of an safehouse in Saraq Panza, Kabul re- staphylococcus entretoxin B, sal- infectious agent, and that there is lit- porters found instructions for making monella species, shigella dysenteriae, tle to fear. To achieve this objective, ricin. The instructions make chilling escherichia coli O157:H7, vibrio we need to rely on the entrepreneur- reading. ‘‘A certain amount, equal to a cholerae, cryptosporidium parvum, ship of the biotechnology industry. strong dose, will be able to kill an nipah virus, hantaviruses, tickborne There is already some direct funding adult, and a dose equal to seven seeds hemorrhagic fever viruses, tickborne of research by the Defense Advanced will kill a child,’’ one page reads. An- encephalitis virus, yellow fever, nerve Research Projects Agency, DARPA, the other page says: ‘‘Gloves and face mask agents, tabun, sarin, soman, GF, and National Institutes of Health, NIH, and are essential for the preparation of VX; blood agents, hydrogen cyanide the Centers for Disease Control, CDC. ricin. Period of death varies from 3–5 and cyanogens chloride; blister agents, This research should go forward.

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.081 pfrm01 PsN: S04PT1 S12380 CONGRESSIONAL RECORD — SENATE December 4, 2001 DARPA, for instance, has been de- Some companies are willing to enter 350 of these companies have managed scribed as the Pentagon’s ‘‘venture into a research relationships funded by to go public. The industry employs capital fund,’’ its mission to provide DARPA and other agencies to develop 124,000, Ernest & Young data, people. seed money for novel research projects countermeasures. Relationships be- The top five companies spent an aver- that offer the potential for revolu- tween the Government and private in- age of $89,000 per employee on research, tionary findings. Last year, DARPA’s dustry can be very productive, but they making it the most research-intensive Unconventional Pathogen Counter- can also involve complex issues reflect- industry in the world. The industry has measures program awarded contracts ing the different cultures of govern- 350 products in human clinical trials totalling $50 million to universities, ment and industry. Some companies, targeting more than 200 diseases. foundations, pharmaceutical and bio- including some of the most entrepre- Losses for the industry were $5.8 billion technology companies seeking new neurial, might prefer to take their own in 2001, $5.6 billion in 2000, $4.4 billion ways to fight biological agents and tox- initiative to conduct this research. Re- in 1999, $4.1 billion in 1998, $4.5 billion ins. lationships with government entities in 1997, $4.6 billion in 1996, and similar The Unconventional Pathogen Coun- involve risks, issues, and bureaucracy amounts before that. In 2000 fully 38 termeasures program now funds 43 sep- that are not present in relationships percent of the public biotech compa- arate research efforts on anti- among biotechnology companies and nies had less than 2 years of funding for bacterials, anti-toxins, anti-virals, de- between them and non-governmental their research. Only one-quarter of the contamination, external protection partners. biotech companies in the United States from pathogens, immunization and The Defense Departments Joint Vac- are publicly traded and they tend to be multi-purpose vaccines and treat- cine Acquisition Program, JVAP, illus- the best funded. ments. A common thread among many trates the problems with a government There is a broad range of research of these undertakings is the goal of de- led and managed program. A report in that could be undertaken under this veloping drugs that provide broad-spec- December 2000 by a panel of inde- legislation. Vaccines could be devel- trum protection against several dif- pendent experts found that the current oped to prevent infection or treat an ferent pathogens. This year, with a program ‘‘is insufficient and will fail’’ infection from a bioterror attack. budget of $63 million, the program has and recommended it adopt an approach Broad-spectrum antibiotics are needed. received over 100 research proposals in more on the model of a private sector Also, promising research has been un- the last two months alone. effort. It needs to adopt ‘‘industry dertaken on antitoxins that could neu- Some of this DARPA research is di- practices,’’ ‘‘capture industry inter- tralize the toxins that are released, for rected at developing revolutionary, est,’’ ‘‘implement an organizational example, by anthrax. With anthrax it broad-spectrum, medical counter- alignment that mirrors the vaccine in- is the toxins, not the bacteria itself, measures against significantly patho- dustry’s short chain of command and that cause death. An antitoxin could act like a decoy, attaching itself to genic microorganisms and/or their decision making,’’ ‘‘adopt an industry- sites on cells where active anthrax pathogenic products. The goal is to de- based management philosophy,’’ and toxin binds and then combining with velop countermeasures that are ‘‘develop a sound investment strat- normal active forms of the toxin and versatile enough to eliminate biologi- egy.’’ It bemoaned the ‘‘extremely lim- inactivating them. An antitoxin could cal threats, whether from natural ited’’ input from industry in the JVAP sources or modified through bio- block the production of the toxin. program. We can rely on the innovativeness of engineering or other manipulation. The It is clear from this experience that the biotech industry, working in col- countermeasures would need the poten- we should not rely exclusively on gov- laboration with academic medical cen- tial to provide protection both within ernment funding of countermeasures ters, to explore a broad range of inno- the body and at the most common por- research. We should take advantage of vative approaches. This mobilizes the tals of entry, e.g., inhalation, inges- the entrepreneurial fervor, and the entire biotechnology industry as a tion, transcutaneous. The strategies independence, of our biotechnology in- vital component of our national de- might include defeating the pathogen’s dustry entrepreneurs. It is not likely fense against bioterror weapons. ability to enter the body, traverse the that the Government will be willing or The legislation takes a comprehen- bloodstream or lymphatics, and enter able to provide sufficient funding for sive approach to the challenges the bio- target tissues; identifying novel patho- the development of the counter- technology industry faces in forming gen vulnerabilities based on funda- measures we need. Some of the most capital to conduct research on counter- mental, critical molecular mechanisms innovative approaches to vaccines and measures. It includes capital formation of survival or pathogenesis, e.g., Type medicines might not be funded with tax incentives, guaranteed purchase III secretion, cellular energetics, the limited funds available to the Gov- funds, patent protections, and liability virulence modulation; constructing ernment. We need to provide incentives protections. I believe we will have to unique, robust vehicles for the delivery that will encourage every biotech com- include each of these types of incen- of countermeasures into or within the pany to review its research priorities tives to ensure that we mobilize the body; and modulating the advan- and technology portfolio for its rel- biotechnology industry for this urgent tageous and/or deleterious aspects of evance and potential for counter- national defense research. the immune response to significantly measure research. Some of this re- I am aware that all three of the tax pathogenic microorganisms and/or the search is early stage, basic research incentives I have proposed, and both of pathogenic products in the body that is being developed and considered the two patent incentives I have pro- While DAPRA’s work is specifically only for its value in treating an en- posed, may be controversial. In my aimed at protecting our military per- tirely different disease. We need to kin- view, we can debate tax or patent pol- sonnel, the National Institutes of dle the imagination of biotechnology icy as long as you want, but let’s not Health also spent $49.7 million in the companies and their tens of thousands lose track of the issue here, develop- last fiscal year to find new therapies of scientists regarding counter- ment of countermeasures to treat peo- for those who contract smallpox and on measures research. ple infected or exposed to lethal and systems for detecting the disease. In My proposal would supplement direct disabling bioterror weapons. recent years, NIH’s research programs Federal government funding of re- We know that incentives can spur re- have sought to create more rapid and search with incentives that make it search. In 1983 we enacted the Orphan accurate diagnostics, develop vaccines possible for private companies to form Drug Act to provide incentives for for those at risk of exposure to biologi- the capital to conduct this research on companies to develop treatments for cal agents, and improve treatment for their own initiative, utilizing their rare diseases with small potential mar- those infected. Moreover, in the last own capital, and at their own risk, all kets deemed to be unprofitable by the fiscal year, the Centers for Disease for good business reasons going to their industry. In the decade before this leg- Control has allocated $18 million to bottom line. islation was enacted, fewer than 10 continue research on an anthrax vac- The U.S. biotechnology industry, ap- drugs for orphan diseases were devel- cine and $22.4 million on smallpox re- proximately 1,300 companies, spent oped and these were mostly chance dis- search. $13.8 billion on research last year. Only coveries. Since the Act became law, 218

VerDate 04-DEC-2001 03:29 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.082 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12381 orphan drugs have been approved and The legislation contemplates that a search and development tax credits and 800 more are in the pipeline. The Act company might well register and seek depreciation deductions for the com- provides 7 years of market exclusivity certification with respect to more than pany may be passed by the corporation and a tax credit covering some re- one research project and become eligi- through to its partners to be used to search costs. The effectiveness of the ble for the tax, purchase, patent, and offset their individual tax liability. incentives we have enacted for orphan liability incentives for each. There is These deductions and credits are then disease research show us how much we no policy rationale for limiting a com- lost to the corporation. can accomplish when we set a national pany to one registration and one cer- The company is eligible to issue a priority for certain types of research. tification. special class of stock for the entity to The incentives I have proposed differ This process is similar to the current conduct the research. The investors from those set by the Orphan Drug Act. registration process for research on or- would be entitled to a zero capital We need to maintain the effectiveness phan, rare, diseases. In that case, com- gains tax rate on any gains realized on of the Orphan Drug Act and not under- panies that are certified by the FDA the stock held for at least 3 years. This mine it by adding many other disease become eligible for both tax and mar- is a modification of the current Sec- research targets. In addition, the tax ket exclusivity incentives. This process tion 1202 where only 50 percent of the credits for research for orphan drug re- gives the Government complete control gains are not taxed. This provision is search have no value for most bio- on the number of registrations and cer- adapted from legislation I have intro- technology companies because few of tifications. This gives the Government duced, S. 1134, and introduced in the them have tax liability with respect to control over the cost and impact of the House by Representatives DUNN and which to claim the credit. This ex- legislation on private sector research. MATSUI, H.R. 2383. A similar bill has plains why I have not proposed to uti- The legislation includes three tax in- been introduced by Senator COLLINS, S. lize tax credits to spur counter- centives to enable biotechnology com- 455. The company is eligible to receive re- measures research. It is also clear that panies to form capital to fund research funds for Net Operating Losses, NOLs, the market for countermeasures is and development of countermeasures. to fund the research. Under current even more speculative than the market Companies must irrevocably elect only law, net operating losses can only be for orphan drugs and we need to enact one of the incentives with regard to the used to offset a company’s tax liabil- a broader and deeper package of incen- research. These tax incentives are ity. If a company has no profits and tives. available only to biotechnology compa- therefore no tax liability, it cannot use The Government determines which nies with less than $750,000,000 in paid- its net operating losses. It can carry research is covered by the legislation. in capital. them forward, but the losses have no The legislation confers on the Director The paid-in capital of a corporation current value. This option would allow of the Office of Homeland Security, in is quite distinct from the market cap- the company to receive a refund of its consultation with the Secretary of De- italization of the firm. The paid-in cap- NOLs at a rate of 75 percent of their fense and Secretary of Health and ital is the aggregate amount paid by value. Once the company becomes prof- Human Services, authority to set the investors into the corporation when itable, and incurs tax liability, it must list of agents and toxins with respect this stock was issued, the price at issue repay all of the refunds it has received. to which the legislation applies. The multiplied by the number of shares The provision in my legislation is Director determines which agents and sold. The market capitalization is the adapted from bills introduced by Sen- toxins present a threat and on whether value of this stock in the stock market ator TORRICELLI, S. 1049, and Congress- the countermeasures are more likely to as it is traded among investors. I have man ROBERT MATSUI, H.R. 2153. be developed with the application of focused on the paid-in capital as this is A company that elects to utilize one the incentives of the legislation. The the amount of capital actually avail- of these incentives is not eligible to re- Director may determine that an agent able to the corporation to fund its re- ceive benefits of the Orphan Drug Tax or toxin does not present a threat or search. Credit. Companies that can utilize tax that countermeasures are not more The legislation includes three dif- credits, companies with taxable income likely to be developed with the incen- ferent tax incentives to give companies and tax liability, might find the Or- tives. The legislation includes an illus- flexibility in forming capital to fund phan Credit more valuable. The legisla- trative list of agents and toxins that the research. Each of the options tion includes an amendment to the Or- might be selected by the Director. The comes with advantages and limitations phan Credit to correct a defect in the decisions of the Director are final and that may make it appropriate or inap- current credit. The amendment has cannot be subject to judicial review. propriate for a given company or re- been introduced in the Senate as S. Once the list of agents and toxins is search project. We do not now know 1341 by Senators HATCH, KENNEDY and set, companies may register with the fully how investors and capital mar- JEFFORDS. The amendment simply Food and Drug Administration their kets will respond to the different op- states that the Credit is available intent to undertake research and devel- tions, but we assume that companies starting the day an application for or- opment of a countermeasure to prevent will consult with the investor commu- phan drug status is filed, not the date or treat the agent or toxin. This reg- nity about which option will work best the FDA finally acts on it. The amend- istration is required only for compa- for a given research project. Capital ment was one of many initiatives nies that seek to be eligible for the tax, markets are diverse and investors have championed by Lisa J. Raines, who purchase, patent, and liability provi- different needs and expectations. Over died on September 11 in the plane that sions of the legislation. The registra- time these markets and investor expec- hit the Pentagon, and the amendment tion does not apply to non-profit enti- tations evolve. If companies register is named in her honor. As we go for- ties or to companies that do not seek for more than one research project, ward in the legislative process, I hope such eligibility. The registration re- they may well utilize different tax in- we will have an opportunity to speak quirement gives the FDA vital infor- centives for the different projects. in more detail about the service of Ms. mation about the research effort and Companies are permitted to under- Raines on behalf of medical research, the personnel involved with the re- take a series of discrete and separate particularly on rare diseases. search. research projects and make this elec- My legislation does not include an The Director of the Office of Home- tion with respect to each project. They enhanced tax credit for this research. land Security then may certify that may only utilize one of the options Very few biotechnology companies can the company is eligible for the tax, with respect to each of these research utilize a tax credit as they have no tax- purchase, patent, and liability incen- projects. able revenue and tax liability with re- tives in the legislation. Eligibility for The company is eligible to establish spect to which to claim a credit. In- the purchase fund, patent and liability an R&D Limited Partnership to con- stead, they can carry the credit for- incentives is contingent on successful duct the research. The partnership ward and utilize it when they do have development of a countermeasure ac- passes through all business deductions tax liability. But that may be many cording to the standards set in the leg- and credits to the partners. For exam- years from now. That is why I have fo- islation. ple, under this arrangement, the re- cused on other incentives to assist the

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.083 pfrm01 PsN: S04PT1 S12382 CONGRESSIONAL RECORD — SENATE December 4, 2001 biotechnology industry to form capital companies for one simple reason: they the PTO in the patent system. The to fund this countermeasures research. need to know that if they successfully term of a patent used to be fixed at 17 The guaranteed purchase fund, and develop a medical product another years from the date the patent was the patent bonus and liability provi- company cannot expropriate it. It’s a granted by the PTO. It made no dif- sions described below provide an addi- simple matter of incentives. ference how long it took for the PTO to tional incentive for investors to fund The patent system has its basis in process the patent application and the research. Without capital from in- the U.S. Constitution where the Fed- sometimes the processing took years, vestors these biotechnology companies eral Government is given the mandate even decades. Under this system, there do not have the capacity, irrespective to ‘‘promote the Progress of Science were cases where the patent would of their interest, to conduct the re- and the Useful Arts by securing for a issue before final action at the FDA, search. limited time to Authors and Inventors but there were other cases where the The market for countermeasures is the exclusive right to their respective FDA acted to approve a product before speculative and small. This means that Writings and Discoveries.’’ In exchange the patent was issued. Erosion was an if a company successfully develops a for full disclosure of the terms of their issue, but it did not occur in many countermeasure, it may not receive inventions, inventors are granted the cases. sufficient revenue on sales to justify right to exclude others from making, Since 1995 the term of a patent has the risk and expense of the research. using, or selling their inventions for a been set at 20 years from the date of This is why the legislation establishes limited period of time. This quid pro application for the patent. This means a countermeasures purchase fund that quo provides investors with the incen- that the processing time by the PTO of will define the market for the products tive to invent. In the absence of the the application all came while the with some specificity before the re- patent law, discoverable inventions term of the patent is running. This search begins. would be freely available to anyone gives companies a profound incentive The fund managers will set standards who wanted to use them and inventors to rush the patent through the PTO. for which countermeasures it will pur- would not be able to capture the value Under the old system, companies had chase and define the financial terms of of their inventions or secure a return the opposite incentive. With patents on their investments. the purchase commitment. This will being issued earlier by the PTO, the enable companies to evaluate the mar- The patent system strikes a balance. Companies receive limited protection issue of erosion of patent term due to ket potential of its research before it delays at the FDA is becoming more launches into the project. The speci- of their inventions if they are willing to publish the terms of their invention serious and more common. fications will need to be set with suffi- The provision in my legislation sim- for all to see. At the end of the term of cient specificity so that the company, ply states that in the case of bioter- and its investors, can evaluate the the patent, anyone can practice the in- vention without any threat of an in- rorism countermeasures, no erosion in market and with enough flexibility so the term of the patent will occur. The that it does not inhibit the innovative- fringement action. During the term of the patent, competitors can learn from term of the patent at the date of FDA ness of the researchers. This approach approval will be the same as the term is akin to setting a performance stand- the published description of the inven- tion and may well find a new and dis- of the patent when it was issued by the ard for a new military aircraft. PTO. There is no extension of the pat- The legislation provides that the pur- tinct patentable invention. ent, simply protections against ero- chase fund is not obligated to purchase The legislation provides two types of sion. Under the new 20-year term, pat- more than one product per class. This intellectual property protection. One ents might be more or less than 17 seeks to avoid a situation where the simply provides that the term of the years depending on the processing time Government must purchase more than patent on the countermeasure will be at the PTO, and all this legislation one product when it only intends to use the term of the patent granted by the one. But it might make more sense, as Patent and Trademark Office without says is that whatever term is set by the an incentive, for the Government to any erosion due to delays in approval PTO will govern irrespective of the commit to purchasing more than one of the product by the Food and Drug delays at the FDA. This option is avail- product so that many more than one Administration. The second provides able to any company that successfully company conducts the research. A win- that a company that successfully de- develops a countermeasure eligible to ner-take-all system may well intimi- velops a countermeasure will receive a be purchased by the fund. The second option, the bonus patent date some companies and we may end bonus of 2 years on the term of any term, is only available to small bio- up without a countermeasure to be patent held by that company. Compa- purchased. It is also possible that we nies must elect one of these two pro- technology companies. It provides that will find that we need more than one tections and only small biotechnology a company that successfully develops a countermeasure because different prod- companies may elect the second pro- countermeasure is entitled to a 2-year ucts are useful for different patients. tection. Large, profitable pharma- extension of any patent in its portfolio. We may also find that the first product ceutical companies may elect only the This does not apply to any patent of developed is not the most effective. first of the two options. another company bought or transferred Given the urgency of the research, we The first protection against erosion in to the countermeasure research would like to have the problem of see- of the term of the patent is an issue company. ing more than one effective counter- that is partially addressed in current I am well aware that this bonus pat- measure developed. How we reconcile law, the Hatch-Waxman Patent Term ent term provision will be controver- these competing considerations is a Restoration Act. That act provides par- sial with some. A company would tend key issue we need to resolve. tial protection against erosion of the to utilize this option if it owned the My legislation provides that the term, length of a patent when there are patent on a product that still had, or countermeasure must be approved by delays at the FDA in approving a prod- might have, market value at the end of the FDA. The standards that the FDA uct. The erosion occurs when the PTO the term of the patent. Because this should apply in reviewing these types issues a patent before the product is option is only available to small bio- of products is an issue have been dis- approved by the FDA. In these cases, technology companies, most of whom cussed in some detail and we need to the term of the patent is running but have no product on the market, in fashion the most effective provision on the company cannot market the prod- most cases they would be speculating this subject. We need to recognize that uct. The Hatch-Waxman Act provides about the value of a product at the end the requirement for FDA approval some protections against erosion of the of its patent. The company might might, in some cases, not be needed, term of the patent, but the protections apply this provision to a patent that appropriate or possible. are incomplete. As a result, many com- otherwise would be eroded due to FDA The purchase commitment for coun- panies end up with a patent with a re- delays or it might apply it to a patent termeasures is available to any com- duced term, sometimes substantially that was not eroded. The result might pany irrespective of its paid-in capital. reduced. be a patent term that is no longer than Intellectual property protection of The issue of patent term erosion has the patent term issued by the PTO. It research is essential to biotechnology become more serious due to changes at all depends on which companies elect

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.085 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12383 this option and which patent they se- basis. So, it doesn’t provide protection them ineffective. It is even possible lect. In some cases, the effect of this based on the product being developed, that a scientist could develop an orga- provision might be to delay the entry only if that product is being developed nism that develops resistance to anti- onto the market of lower priced under a specific government contract. biotics at an accelerated rate. generics. This would tend to shift some Therefore, it’s negotiated case by case This means we need to develop tech- of the cost of the incentive to develop by HHS and a company. Your proposal nology, research tools, that will enable a countermeasure to insurance compa- provides assurance to companies, espe- us to quickly develop a tailor-made, nies and patients with an unrelated cially small and medium sized compa- specific countermeasure to a pre- disease. nies, that they will be protected. This viously unknown organism or agent. My rationale for including the patent will allow them to go forward with These research tools will enable us to bonus in the legislation is simple: I their development plans. Their lawyers develop a tailor-made vaccine or drug want this legislation to say emphati- may be leery of trying to negotiate to deploy as a countermeasure against cally that we mean business, we are se- their own deal with HHS. So, the EO a new threat. The legislation author- rious, and we want biotechnology com- may be effective for a large company izes companies to register and receive panies to reconfigure their research when it negotiates making additional a certification making them eligible portfolios to focus in part on develop- smallpox vaccine, but it provides little for the tax incentives in the bill for ment of countermeasures. The other assurance to a small company that this research. provisions in the legislation are power- wants to start development. Also, the Perhaps the greatest strength of our ful, but they may not be sufficient. administration says the EO will be biomedical research establishment in This proposal protects companies used to protect companies, however, the United States is the synergy be- willing to take the risks of producing the next administration could inter- tween our superb basic research insti- anti-terrorism products for the Amer- pret it differently. That’s why a statu- tutions and private companies. The ican public from potential losses in- tory provision will provide greater as- Bayh-Dole Act and Stevenson-Wydler curred from lawsuits alleging adverse surance to companies. Act form the legal framework for mu- reactions to these products. It also pre- The legislation focuses intently on tually beneficially partnerships be- serves the right for plaintiffs to seek development of vaccines and medi- tween academia and industry. My leg- recourse for alleged adverse reactions cines, but it is possible that we will islation strengthens this synergy and in Federal District Court, with proce- face biological agents and chemical these relationships with two provi- dural and monetary limitations. agents we’ve never seen before. As I’ve sions, one to upgrades in the basic re- Under the plan, the Secretary of HHS mentioned, the Soviet Union bioterror search infrastructure available to con- is authorized, and in the case of con- research focused in part on use of ge- duct research on countermeasures and tractors with HHS, is required, to in- netic modification technology to de- the other to increase cooperation be- demnify and defend persons engaged in velop agents and toxins that currently- tween the National Institutes of Health research, development and other ac- available antibiotics can not treat. and private companies. tivities related to biological defense Australian researchers accidentally Research on countermeasures neces- products through execution of ‘‘indem- created a modified mousepox virus, sitates the use of special facilities nification and defense agreements.’’ An which does not affect humans, but it where biological agents can be handled exclusive means of resolving civil cases was 100 percent lethal to the mice. safely without exposing researchers that fall within the scope of the indem- Their research focused on trying to and the public to danger. Very few aca- nification and defense agreements is make a mouse contraceptive vaccine demic institutions or private compa- provided with litigation rights for in- for pest control. The surprise was that nies can justify or capitalize the con- jured parties. Non-economic damages it totally suppressed the ‘‘cell-medi- struction of these special facilities. are limited to $250,000 per plaintiff and ated response,’’ the arm of the immune The Federal Government can facilitate no punitive or exemplary damages may system that combats viral infection. research and development of counter- be awarded. To make matters worse, the engineered measures by financing the construction Some have tried to apply the existing virus also appears unnaturally resist- of these facilities for use on a fee-for- Vaccine Injury Compensation Program, ant to attempts to vaccinate the mice. service basis. The legislation author- VICP, to this national effort. That is A vaccine that would normally protect izes appropriations for grants to non- inappropriate because that program mouse strains that are susceptible to profit and for-profit institutions to will be extremely difficult to use, both the virus only worked in half the mice construct, maintain, and manage up to administratively and scientifically. exposed to the killer version. If bio- ten Biosafety Level 3–4 facilities, or For example, it would take several terrorists created a human version of their equivalent, in different regions of years to develop the appropriate the virus, vaccination programs would the country for use in research to de- ‘‘table’’ that identifies a compensable be of limited use. This highlights the velop countermeasures. BSL 3–4 facili- injury. Companies will be liable during drawback of working on vaccines ties are ones used for research on indig- this process. Note that when VICP was against bioweapons rather than treat- enous, exotic or dangerous agents with created, there had been studies of what ments. potential for aerosol transmission of adverse reactions to mandated child- With the advances in gene sequenc- disease that may have serious or lethal hood vaccines had occurred and the ing, genomics, we will know the exact consequences or where the agents pose table was based largely on this experi- genetic structure of a biological agent. high risk of life-threatening disease, ence. Even so, it has taken years of ef- This information in the wrong hands aerosol-transmitted lab infections, or fort, ultimately resulting in wholesale could easily be manipulated to design related agents with unknown risk of revisions to the table by regulation, to and possibly grow a lethal new bac- transmission. The Director of the Of- get the current table in place. For anti- terial and viral strains not found in na- fice and NIH shall issue regulations re- bioterrorism products currently being ture. A scientist might be able to mix garding the qualifications of the re- developed, it will simply be impossible and match traits from different micro- searchers who may utilize the facili- to construct a meaningful Vaccine In- organisms, called recombinant tech- ties. Companies that have registered jury Table, there will be no experience nology, to take a gene that makes a with and been certified by the Director, with the product. deadly toxin from one strain of bac- to develop countermeasures under Sec- The Frist-Kennedy bill relies on the teria and introduce it into other bac- tion 5(d) of the legislation, shall be President’s Executive Order regarding terial strains. Dangerous pathogens or given priority in the use of the facili- liability protections, so there is a basis infectious agents could be made more ties. for an agreement regarding this issue deadly, and relatively benign agents The legislation also reauthorizes a as applied to bioterrorism counter- could be designed as major public very successful NIH-industry partner- measures. The provisions that I have health problems. Bacteria that cause ship program launched in FY 2000 in proposed are superior to those in the diseases such as anthrax could be al- Public Law 106–113. The funding is for Executive Order because the order pro- tered in such a way that would make partnership challenge grants to pro- vides protection only on a contract current vaccines or antibiotics against mote joint ventures between NIH and

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.086 pfrm01 PsN: S04PT1 S12384 CONGRESSIONAL RECORD — SENATE December 4, 2001 its grantees and for-profit bio- This same issue arises with the Or- The incentives are needed because most technology, pharmaceutical and med- phan Drug Act, which provides both biotech companies have no approved prod- ical device industries with regard to tax and FDA approval incentives for ucts or revenue from product sales to fund the development of countermeasures, companies that develop medicines to research. They rely on investors and equity capital markets to fund the research. These as defined in Section 3 of the bill, and treat rare diseases. In some cases these companies must focus on research that will research tools, as defined in Section treatments can also be used for larger lead to product sales and revenue and end 4(d)(3) of the bill. Such grants shall be disease populations. There are few who their dependence on investor capital. When awarded on a one-for-one matching object to this situation. We have come they are able to form the capital to fund re- basis. So far the matching grants have to the judgment that the urgency of search, biotech companies tend to be innova- focused on development of medicines to this research is worth the possible ad- tive and nimble and focused on the intrac- treat malaria, tuberculosis, emerging ditional benefits that might accrue to table diseases for which no effective medical treatments are available. and resistant infections, and thera- a company. There is no established or predictable mar- peutics for emerging threats. My pro- In the context of research to develop ket for countermeasures. Investors are jus- posal should be matched by reauthor- countermeasures, I do not consider it a tifiably reluctant to fund this research, ization of the challenge grant program problem that a company might find a which will present technical challenges simi- for these deadly diseases. broader commercial market for a coun- lar in complexity to development of effective My legislation is carefully calibrated termeasure. Indeed, it may well be the treatments for AIDS. Investors need assur- to provide incentives only where they combination of the incentives in this ances that research on countermeasures has the potential to provide a rate of return are needed. This accounts for the legislation and these broader markets choices in the legislation about which commensurate with the risk, complexity and that drives the successful development cost of the research, a rate of return com- provisions are available to small bio- of a countermeasure. If our intense parable to that which may arise from a technology companies and large phar- focus on developing countermeasures, treatment for cancer, MS, Cystic Fibrosis maceutical companies. and research tools, provides benefits and other major diseases or from other in- Most biotechnology companies rely for mankind going well beyond terror vestments. on infusions of investor capital to fund weapons, we should rejoice. If this re- The legislation provides tax incentives to research, so the capital formation tax enable biotech companies to form capital to search helps us to develop an effective conduct the research. It then provides a incentives only apply to them. Large vaccine or treatment for AIDS, we pharmaceutical companies have ample guaranteed and pre-determined market for should give the company the Nobel the countermeasures and special intellectual revenues from product sales, and access Prize for Medicine. If we do not develop property protections to serve as a substitute to debt capital, so they do not need a vaccine or treatment for AIDS, we for a market. Finally, it establishes liability these incentives for capital formation. may see 100 million people die of AIDS. protections for the countermeasures that are The guaranteed purchase fund applies We also have 400 million people in- developed. to any company that successfully de- Specifics of the legislation are as follows: fected with malaria and more than a velops a countermeasure. There is no one, Office of Homeland Security sets re- million annual deaths. Millions of chil- reason to make any distinction be- search priorities in advance. Biotech compa- dren die of diarrhea, cholera and other tween small and large companies. They nies that seek to be eligible for the incen- deadly and disabling diseases. Counter- all need to know the terms and dimen- tives in the legislation must register with measures research may deepen our un- the Food and Drug Administration and be sions of the potential market for the derstanding of the immune system and certified as eligible for the incentives; two, products they seek to develop. With once a company is certified as eligible for countermeasures the market may well speed development of treatments for cancer and autoimmune diseases. That the incentives, it becomes eligible for the be uncertain or small, necessitating tax, purchasing, patent, and liability provi- is not the central purpose of this legis- the creation of the purchase fund. sions. A company is eligible for certification The patent protection provisions are lation, but it is an additional rationale for the tax and patent provisions if it seeks also well calibrated. Both small and for it. to develop a research tool that will make it large companies face the patent term The issue raised by my legislation is possible to quickly develop a counter- erosion problem due to delays at the very simple: do we want the Federal measure to a previously unknown agent or FDA. There is no reason why compa- Government to fund and supervise toxin, or an agent or toxin not targeted for much of the research to develop coun- research; three, Capital Formation for Coun- nies that successfully develop a coun- termeasures Research: The legislation pro- termeasure should end up with a pat- termeasures or should we also provide incentives that make it possible for the vides that a company seeking to fund re- ent with an eroded term. search is eligible to elect from among three With regard to the patent bonus pro- private sector, at its own expense, and tax incentives. The three alternatives are as vision, this is included to supplement at its own risk, to undertake this re- follows: a. The company is eligible to estab- the capital formation tax incentives search for good business reasons. The lish an R&D Limited Partnership to conduct for small biotechnology companies. It Frist-Kennedy legislation focuses effec- the research. The partnership passes through provides a dramatic statement to in- tively on direct Federal funding and all business deductions and credits to the vestors that this research makes good coordination issues, but it does not in- partners; b. The company is eligible to issue a special class of stock for the entity to con- business sense. As capital formation is clude sufficient incentives for the pri- vate sector to undertake this research duct the research. The investors would be en- not a challenge for a large pharma- titled to a zero capital gains tax rate on any ceutical company, this patent bonus on its own initiative. Their proposal gains realized on the stock; and, c. The com- provision is not available to them. and mine are perfectly complimentary. pany is eligible to receive refunds for Net Finally, with regard to the liability We need to enact both to ensure that Operating Losses, NOLs, to fund the re- provisions, there is no reason to make we are prepared for bioterror attacks. search. any distinction between small and I ask unanimous consent that an out- These tax incentives are available only to large companies. line of my legislation appear at this biotechnology companies with less than The legislation makes choices. It sets point in the RECORD. $750,000 in paid-in capital. There being no objection, the outline A company must elect only one of these in- the priorities. It provides a dose of in- centives and, if it elects one of these incen- centives and seeks a response in the was ordered to be printed in the tives, it is then not eligible to receive bene- private sector. We are attempting here RECORD, as follows fits under the Orphan Drug Act. The legisla- to do something that has not been done BIOLOGICAL AND CHEMICAL WEAPONS tion includes amendments to the Orphan before. This is uncharted territory. COUNTERMEASURES RESEARCH ACT OF 2001 Drug Act championed by Senators HATCH, And it’s also an urgent mission. The premise of the legislation is that there KENNEDY and JEFFORDS, S. 1341. The amend- There may be cases where a counter- will be limits on direct Federal funding of re- ments make the Credit available from the measure developed to treat a biological search and development of countermeasures, date of the application for Orphan Drug sta- toxin or chemical agent will have ap- vaccines, drugs, and other medicines, to pre- tus, not the date the application is approved plications beyond this use. A broad- vent or treat infections from biological and as provided under current law; four, Counter- chemical agents and toxins. The legislation measure Purchase Fund: The legislation pro- spectrum antibiotic capable of treating proposes incentives that will enable bio- vides that a company that successfully de- many different biological agents may technology companies to take the initiative, velops a countermeasure, through FDA ap- well have the capacity to treat natu- for good business reasons, to conduct re- proval, is eligible to sell the product to the rally occurring diseases. search to develop these countermeasures. Federal Government at a pre-established

VerDate 04-DEC-2001 03:51 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.087 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12385 price and in a pre-determined amount. The Jr. to be Assistant Secretary of the War Crimes Issues, Department of company is given notice of the terms of the Army for Acquisition, Logistics, and State, Washington, DC. sale before it commences the research. Sales Technology and, following the open Panel II: George J. Terwilliger III, to this fund may be made by any company session, to meet in executive session to Partner, White and Case, former Dep- irrespective of its paid-in capital; five, Intel- consider certain pending nominations. lectual Property Incentives: The legislation uty Attorney General, Washington, DC; provides that a company that successfully The PRESIDING OFFICER. Without Professor Laurence H. Tribe, Harvard develops a countermeasure is eligible to objection, it is so ordered. Law School, Cambridge, MA; Major elect one of two patent incentives. The two COMMITTEE ON ENVIRONMENT AND PUBLIC General Michael J. Nardotti, Jr., Part- alternatives are as follows: a. The company WORKS ner, Patton Boggs LLP, former Army is eligible to receive a patent for its inven- Ms. STABENOW. Mr. President, I ask Judge Advocate General, Washington, tion with a term as long as the term of the unanimous consent that the Com- DC; Professor Cass R. Sunstein, Uni- patent when it was issued by the Patent and mittee on Environment and Public versity of Chicago Law School, Chi- Trademark Office, without any erosion due Works be authorized to meet on Tues- to delays in the FDA approval process. This cago, IL; and Timothy Lynch, Esq., Di- day, December 4, 2001, at 9:30 a.m. to rector, Project on Criminal Justice, alternative is available to any company that conduct a hearing on the remediation successfully develops a countermeasure irre- Cato Institute, Washington, DC. process of biologically contaminated spective of its paid-in capital; b. The com- The PRESIDING OFFICER. Without pany is eligible to extend the term of any buildings. Specifically, the Committee objection, it is so ordered. is interested in the challenges of, and patent owned by the company for two years. COMMITTEE ON THE JUDICIARY The patent may not be one that is acquired technologies available for, remediating by the company from a third party. This is buildings contaminated by biological Ms. STABENOW. Mr. President, I ask included as a capital formation incentive for contaminants. The hearing will be held unanimous consent that the Com- small biotechnology companies with less in the Rm. SD–406. mittee on the Judiciary be authorized than $750,000 in paid-in capital. The PRESIDING OFFICER. Without to meet to conduct a hearing on ‘‘De- Six, Liability Protections: The legislation objection, it is so ordered. partment of Justice Oversight: Pre- provides for protections against liability for COMMITTEE ON FOREIGN RELATIONS serving Our Freedoms While Defending the company that successfully develops a Ms. STABENOW. Mr. President, I ask Against Terrorism,’’ Tuesday, Decem- countermeasure. This option is available to ber 4, 2001, at 2 p.m. in Dirksen Room any company that successfully develops a unanimous consent that the Com- countermeasure irrespective of its paid-in mittee on Foreign Relations be author- 226. ized to meet during the session of the capital; and seven, Strengthening of Bio- Witness List medical Research Infrastructure: Authorizes Senate on Tuesday, December 4, 2001, appropriations for grants to construct spe- at 2:15 p.m. to hold a nomination hear- Panel I: Viet D. Dinh, Assistant At- cialized biosafety containment facilities ing. torney General, Office of Legal Policy, where biological agents can be handled safe- U.S. Department of Justice. Agenda ly without exposing researchers and the pub- Panel II: Ali Al-Maqtari, New Haven, lic to danger. Also reauthorizes a successful Nominees: Adolfo Franco, of Vir- CT; Michael J. Boyle, Esq., Law Offices NIH-industry partnership challenge grants ginia, to be an Assistant Administrator of Michael J. Boyle, North Haven CT; to promote joint ventures between NIH and (Latin America and the Caribbean) of its grantees and for-profit biotechnology, Steven Emerson, The Investigative the United States Agency for Inter- Project, Washington, DC; Gerald H. pharmaceutical and medical device indus- national Development; Frederick tries with regard to the development of Goldstein, Esq., Goldstein, Goldstein & countermeasures and research tools. Schieck, of Virginia, to be Deputy Ad- Hilley, San Antonio, TX; Nadine ministrator of the United States Agen- f Strossen, President, American Civil cy for International Development; and Liberties Union, Professor, New York SUBMITTED RESOLUTIONS Roger Winter, of Maryland, to be an Law School, New York, NY; and Vic- Assistant Administrator (Democracy, toria Toensing, Esq., DiGenova & Conflict, and Humanitarian Assistance) Toensing, Washington, DC. SENATE RESOLUTION 186—TO AU- of the United States Agency for Inter- The PRESIDING OFFICER. Without THORIZE REPRESENTATION OF national Development. SENATOR LOTT IN THE CASE OF The PRESIDING OFFICER. Without objection, it is so ordered. LEE V. LOTT objection, it is so ordered. f Mr. DASCHLE submitted the fol- COMMITTEE ON FOREIGN RELATIONS PRIVILEGE OF THE FLOOR lowing resolution; which was consid- Ms. STABENOW. Mr. President, I ask Mr. REID. Mr. President, John Stew- ered and agreed to: unanimous consent that the Com- mittee on Foreign Relations be author- art and Scott Donelly are interns in S. RES. 186 ized to meet during the session of the the office of the Finance Committee Whereas, in the case of Lee v. Lott, Case Senate on Tuesday, December 4, 2001, chairman, Senator BAUCUS. I ask unan- No. 01–CV–792, pending in the United States imous consent that the privilege of the District Court for the Southern District of at 4:30 p.m. to hold a nomination hear- Mississippi, the plaintiff has named Senator ing. floor be granted to them today during the pendency of the Railroad Retire- Trent Lott as the sole defendant; and Agenda Whereas, pursuant to sections 703(a) and ment Act. 704(a)(1) of the Ethics in Government Act of Nominees: William R. Brownfield, of The PRESIDING OFFICER. Without 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the Texas, to be Ambassador to the Repub- objection, it is so ordered. Senate may direct its counsel to defend lic of Chile; and Charles S. Shapiro, of Members of the Senate in civil actions relat- Georgia, to be Ambassador to the f ing to their official responsibilities: Now, Bolivarian Republic of Venezuela. UNANIMOUS CONSENT therefore, be it The PRESIDING OFFICER. Without AGREEMENT—H.R. 10 Resolved, That the Senate Legal Counsel is objection, it is so ordered. authorized to represent Senator Lott in the Mr. REID. Mr. President, I ask unan- COMMITTEE ON THE JUDICIARY case of Lee v. Lott. imous consent that at 9:30 a.m. tomor- Ms. STABENOW. Mr. President, I ask row Senator NICKLES be recognized to f unanimous consent that the Com- raise a point of order against the pend- AUTHORITY FOR COMMITTEES TO mittee on the Judiciary be authorized ing substitute with Senator BAUCUS MEET to meet to conduct a hearing on ‘‘De- partment of Justice Oversight: Pre- then immediately to be recognized to COMMITTEE ON ARMED SERVICES serving Our Freedoms While Defending make a motion to waive. Further, I ask Ms. STABENOW. Mr. President, I ask Against Terrorism,’’ Tuesday, Decem- unanimous consent that there then be unanimous consent that the Com- ber 4, 2001, at 10 a.m. in Dirksen Room 30 minutes equally divided between mittee on Armed Services be author- 226. Senators BAUCUS and NICKLES or their ized to meet during the session of the designees. I also ask unanimous con- Senate on Tuesday, December 4, 2001, Tentative Witness List sent that following the debate time the at 9:30 a.m., in open session to consider Panel I: The Honorable Pierre-Rich- Senate proceed to a vote on the motion the nomination of Claude M. Bolton, ard Prosper, Ambassador-at-Large for to waive, and if the motion to waive is

VerDate 04-DEC-2001 03:51 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.089 pfrm01 PsN: S04PT1 S12386 CONGRESSIONAL RECORD — SENATE December 4, 2001 agreed to then the substitute amend- The PRESIDING OFFICER. The state, and federal government to re- ment be agreed to, the bill be read the clerk will read the bill by title. spond to bioterrorist attacks, improv- third time, and the Senate then pro- The assistant legislative clerk read ing coordination among those respon- ceed to a vote on passage of H.R. 10, as follows: sible for responding to bioterrorist with the cloture vote having been viti- A bill (S. 1765) to improve the ability of the threats, speeding the development of ated. United States to prepare for and respond to vaccines and other countermeasures, The PRESIDING OFFICER. Without a biological threat or attack. and safeguarding the Nation’s food sup- objection, it is so ordered. Mr. FRIST. Mr. President, I rise ply and agriculture. f today on behalf of myself, Senator In closing, I want to thank my col- KENNEDY, and dozens of our colleagues leagues who have worked so hard to de- AUTHORIZING LEGAL on both sides of the aisle to support velop this legislation. In particular, I REPRESENTATION critical legislation that will help our would like to single out Senator ROB- Mr. REID. Mr. President, I ask unan- Nation better prepare to defend against ERTS, Senator DASCHLE, and Senator imous consent the Senate proceed to potential bioterrorist attacks. HUTCHISON for their work on the agri- the immediate consideration of S. Res. The Bioterrorism Preparedness Act cultural provisions; Senators GREGG 186, submitted earlier today by the ma- of 2001 was first introduced on Novem- and HUTCHINSON for their contributions jority leader. ber 15. Today, we are reintroducing on the drug and vaccine development The PRESIDING OFFICER. The this bill so that it may be placed di- components; and Senator COLLINS for clerk will report the resolution by rectly on the calendar and available for her input on the food safety provisions. title. consideration by the full Senate. Of course, I would also like to acknowl- The assistant legislative clerk read As my colleagues will note, the Bio- edge my chief Democratic cosponsor, as follows: terrorism Preparedness Act enjoys Senator KENNEDY. I encourage my col- A resolution (S. Res. 186) to authorize rep- broad bipartisan support. We are re-in- leagues who have not yet cosponsored resentation of Senator LOTT in the case of troducing the legislation today with 71 this legislation to do so. And I encour- Lee v. Lott. cosponsors—33 Republicans and 38 age the leadership of the Senate to There being no objection, the Senate Democrats. In addition, in the two work with Senator KENNEDY and my- proceeded to consider the resolution. weeks since the legislation was first in- self to find time in the days remaining Mr. DASCHLE. Mr. President, this troduced, we have gained the support so that this important legislation can resolution concerns a civil action com- of over two dozen organizations, in- be passed. menced in the United States District cluding the American Medical Associa- I yield the floor. Court for the Southern District of Mis- tion, the Biotechnology Industry Orga- Mr. REID. Mr. President, I ask for sissippi. The lawsuit, filed by a prolife, nization, the American Academy of the second reading and object to my pro se plaintiff, names Senator LOTT as Family Physicians, the American Pub- own request. the sole defendant. The plaintiff has lic Health Association, the Association The PRESIDING OFFICER. Objec- filed a number of prior lawsuits against of Minority Health Professions tion having been heard, the bill will re- other public officials, which have been Schools, and the National Association ceive its second reading on the next dismissed by several courts. of Children’s Hospitals & Related Insti- legislative day. tutions. The list of supporters is grow- In this action, the plaintiff calls upon f Senator LOTT to commence impeach- ing every day. ment proceedings against the United In light of this overwhelming support ORDERS FOR WEDNESDAY, States Supreme Court for its ruling in and the short time remaining this ses- DECEMBER 5, 2001 Bush v. Gore. The plaintiff contends sion of Congress, we are moving the Mr. REID. Mr. President, I ask unan- that because the Supreme Court’s deci- bill directly onto the Senate calendar imous consent that when the Senate sion in that case was unlawful, all ac- so that it will be available for us to completes its business today, it ad- tions taken by President George Bush consider as soon as possible. journ until the hour of 9:30 a.m., are unconstitutional, including one al- In the wake of the attacks at the Wednesday, December 5; that imme- legedly denying him disability bene- Pentagon and World Trade Center on diately following the prayer and the fits. This resolution authorizes the September 11 and subsequent bioter- pledge, the Journal of proceedings be Senate Legal Counsel to represent Sen- rorist attacks, we know that bioter- approved to date, the morning hour be ator LOTT in this suit to move for its rorism is a significant and growing deemed expired, the time for the two dismissal. Of course, under the Con- threat. I believe we must take steps leaders be reserved for their use later stitution, it is the House of Represent- this year to strengthen our capabilities in the day, and the Senate resume con- atives, not the Senate, that initiates to prepare for and respond to potential sideration of H.R. 10; further, that upon impeachment proceedings and the attacks. disposition of H.R. 10, there be 1 hour judgment of neither House in impeach- Three years ago, as Chair of the Sen- of debate equally divided between the ment matters is the subject of judicial ate Public Health Subcommittee, I two leaders or their designees prior to review. began a series of hearings to study in- the vote on cloture on the motion to Mr. REID. I ask unanimous consent depth the ability of our nation’s public proceed to S. 1731, with the live the resolution and its preamble be health infrastructure—at the local, quorum being waived. agreed to en bloc, the motion to recon- state, and national level—to respond to The PRESIDING OFFICER. Without sider be laid on the table, and that public health threats and emergencies, objection, it is so ordered. including bioterrorism. Those hearings statements by the majority leader be f printed in the RECORD. culminated in the passage of legisla- The PRESIDING OFFICER. Without tion last year—the Public Health ADJOURNMENT UNTIL 9:30 A.M. objection, it is so ordered. Threats and Emergencies Act of 2000— TOMORROW The resolution (S. Res. 186) was intended to enhance coordination and Mr. REID. Mr. President, if there is agreed to. improve resources for our public health no further business to come before the The preamble were agreed to. system, principally at the state and Senate, I ask unanimous consent the (The resolution, with its preamble, is local levels. But that authorizing legis- Senate stand in adjournment under the printed in today’s RECORD under ‘‘Sub- lation has never fully been funded, and previous order. mitted Resolutions.’’) it is now clear that more resources are There being no objection, the Senate, f needed to immediately strengthen our at 5:35 p.m., adjourned until Wednes- response capabilities. day, December 5, 2001, at 9:30 a.m. MEASURE READ THE FIRST That is why I feel so strongly that we f TIME—S. 1765 must pass the Bioterrorism Prepared- Mr. REID. I send a bill to the desk re- ness Act of 2001. The legislation will NOMINATIONS garding bioterrorism preparedness and address gaps in our Nation’s defenses Executive nominations received by ask for its first reading. by expanding the capabilities of local, the Senate December 4, 2001:

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G04DE6.101 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — SENATE S12387

DEPARTMENT OF COMMERCE OVERSEAS PRIVATE INVESTMENT CORPORATION DISTRICT OF COLUMBIA OFFENDER SUPERVISION,

JAMES R. MAHONEY, OF VIRGINIA, TO BE ASSISTANT SAMUEL E. EBBESEN, OF THE VIRGIN ISLANDS, TO BE DEFENDER, AND COURTS SERVICES AGENCY SECRETARY OF COMMERCE FOR OCEANS AND ATMOS- A MEMBER OF THE BOARD OF DIRECTORS OF THE OVER- PAUL A. QUANDER, JR., OF THE DISTRICT OF COLUM- PHERE, VICE ELWOOD HOLSTEIN, JR. SEAS PRIVATE INVESTMENT CORPORATION FOR A TERM BIA, TO BE DIRECTOR OF THE DISTRICT OF COLUMBIA DEPARTMENT OF STATE EXPIRING DECEMBER 17, 2003, VICE GEORGE DARDEN. OFFENDER SUPERVISION, DEFENDER, AND COURTS SERVICES AGENCY FOR A TERM OF SIX YEARS. (NEW PO- GRANT S. GREEN, JR., OF VIRGINIA, TO BE DEPUTY SITION) SECRETARY OF STATE FOR MANAGEMENT AND RE- SOURCES. (NEW POSITION)

VerDate 04-DEC-2001 02:28 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 9801 E:\CR\FM\A04DE6.027 pfrm01 PsN: S04PT1 December 4, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2191 EXTENSIONS OF REMARKS

TRIBUTE TO TRAVIS HAYWARD Welfare Investigation Unit, and the Warrant Although history and time have changed the Squad. In 1990, he assumed the rank of Ser- parish, the spirit of the church has remained HON. BOB SCHAFFER geant and was assigned to the Patrol Division. strong. I would like to personally congratulate OF COLORADO From 1991 until his retirement, Sergeant Jef- the St. Louis Catholic Church on their 75th ferson worked in the Jersey City Policy De- Anniversary, and I urge my colleagues to join IN THE HOUSE OF REPRESENTATIVES partment’s Internal Affairs Division. me in recognizing them on this landmark oc- Tuesday, December 4, 2001 Prior to his law enforcement career, Ser- casion. Mr. SCHAFFER. Mr. Speaker, I rise to rec- geant Jefferson was a decorated United f ognize Mr. Travis Hayward of Ft. Collins, Col- States Marine. While in the Marines, he was NATIONAL PEARL HARBOR RE- orado. Travis looked to the needs of our na- the recipient of the Purple Heart, the Vietnam MEMBRANCE DAY (S. CON. RES. tion’s children by organizing a toy and book Combat Cross, the Combat Infantry Badge, 44) drive to benefit those affected by the Sep- and the South Vietnam Medal. tember 11th terrorist attacks. For this, Mr. A Jersey City native, Sergeant Jefferson SPEECH OF Speaker, the United States Congress should graduated from Lincoln High School. Cur- commend him. rently, he enrolled at New Jersey City Univer- HON. PATSY T. MINK Travis donated toys and books to the East sity and completing requirements for a BA in OF HAWAII Harlem Tutorial Program after his elementary Criminal Justice. IN THE HOUSE OF REPRESENTATIVES school teacher asked her students to donate Sergeant Jefferson and his wife Denise Tuesday, November 27, 2001 one stuffed animal to the program. Travis have three children and two grandchildren. Mrs. MINK of Hawaii. Mr. Speaker, I rise thought this was a good start, but wanted Col- Today, I ask my colleagues to join me in today in strong support of S. Con. Res. 44, orado students to give more. Through a val- honoring Sergeant Samuel Jefferson for his which calls for a National Pearl Harbor Re- iant effort, Travis organized his peers to par- dedicated service on behalf of the residents of membrance Day in celebration of the 60th an- ticipate in this program. Travis believes a sim- Jersey City. niversary of the December 7, 1941 attack on ple stuffed animal could make a difference to f Pearl Harbor. S. Con. Res. 44 reminds us of a suffering child because it gives them some- TRIBUTE TO ST. LOUIS CATHOLIC the thousands of lives lost that bleak Decem- thing to hug when they are upset. With the ber morning when the Japanese Imperial Navy help of his family, Travis hopes to collect 220 CHURCH 75TH ANNIVERSARY CELEBRATION launched a sneak attack on America. S. Con. stuffed animals and books. Res. 44 is a fitting tribute in remembrance of In a recent edition of The Coloradoan, Trav- the lives lost that day and of the more than is’ mother, Pat Hayward, said, ‘‘We know HON. DAVID E. BONIOR 12,000 members of the Pearl Harbor Survivors there are many ways that the community is OF MICHIGAN Association to whom this Day is also dedi- getting involved, but this is just one of our IN THE HOUSE OF REPRESENTATIVES cated. ways of connecting. We wanted to do a kid- Tuesday, December 4, 2001 President Franklin Delano Roosevelt said to-kid thing.’’ Travis’ dedication and empathy December 7, 1941 was ‘‘A day that will live in toward children in need epitomizes the com- Mr. BONIOR. Mr. Speaker, today I rise to infamy’’ and to this very day we remember passion of America’s youth. recognize the St. Louis Catholic Church, which Pearl Harbor for the thousands of lives that As a citizen of Colorado’s Fourth Congres- celebrated its 75th Anniversary on Sunday, were lost tragically that morning. sional District, Travis Hayward is truly an September 16, 2001. Truly a milestone occa- Today, Americans old and young find them- amazing, young role model. He not only sion, this celebration gives testament to the selves united by the two tragic attacks against makes his community proud, but also his state outstanding dedication and commitment of the this country, 60 years apart. The events of and country. I ask the House to join me in ex- entire church and community. September 11th have presented many with tending its warmest congratulations to Mr. Established with the generous donation of first hand experience of the shocking and Travis Hayward. four and a half acres by Louis and Mathilda frightening realities of a terrorist attack. De- f Charbeneau in 1926, the parish of St. Louis cember 7, 1941 was no less an act of terror began humbly with worship services in a tem- and treachery as was September 11, 2001. IN HONOR OF SERGEANT SAMUEL porary church and a Gym-Church until its final Each year on December 7th thousands of JEFFERSON move to Crocker Boulevard. Decades later, people journey to Pearl Harbor, to pay tribute with much prayer, sacrifice and hard work, the to those who lost their lives on that day. The HON. ROBERT MENENDEZ parish of the St. Louis Catholic Church con- USS Arizona Memorial sits in Pearl Harbor as OF NEW JERSEY tinues to provide love, care and concern for a final resting place for more than 900 of the IN THE HOUSE OF REPRESENTATIVES the entire community. 1,177 men who lost their lives that fateful day Active with many organizations, including Tuesday, December 4, 2001 in Pearl Harbor. Twelve ships were sunk or the Parish Council, Men’s Club, Ladies Circle, beached and nine others were damaged, Mr. MENENDEZ. Mr. Speaker, I rise today Senior Club and the Music Ministry, members Families of deceased members of the crews to honor and acknowledge the many accom- demonstrate outstanding dedication to com- of the ships lost on December 7, 1941, come plishments of Sergeant Samuel Jefferson of munity involvement. With Stewardship and to Pearl Harbor to place ashes in the hull of the Jersey City Police Department. Through- Worship Commissions, a Youth Group, and the Arizona memorial or have them scattered out his career, he worked tirelessly to enhance Religious Education for all ages, St. Louis in the harbor, tightening the bond of valor and the safety and well-being of the residents of Catholic Church is committed to building sacrifice for all time. Jersey City, New Jersey. sound religious education and service for all But December 7, 1941, is much more than A 22-year veterans of the Jersey City Police its members. Additionally, parishioners have just a tragic day in American history. The Department, Sergeant Jefferson has enjoyed a worked hard through the years to reach out to bombing of Pearl Harbor thrust the United dynamic and extensive law enforcement ca- the entire community with charitable services States into World War II, galvanizing our coun- reer. Sergeant Jefferson joined the Jersey City under MCREST and the St. Vincent de Paul try to fight for freedom in two continents from Police Department in 1979, and was quickly Society, as well as serving meals at the Salva- which America emerged as an international promoted to the rank of Detective after assign- tion Army. With a devotion to religious edu- leader. ments in the North District Division and the cation, church activities, and official services, In the end 16,112,566 went to fight in WWII Radio Room. As a Detective, he spent count- this community will continue to move forward and 405,399 lost their lives in battle. less hours working on cases in the Hudson in the mission to improve the lives of people The bombing of Pearl Harbor on December County Prosecutors Homicide Division, the through faith and God. 7, 1941, brought war to the doorsteps of

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

VerDate 112000 05:57 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.000 pfrm04 PsN: E04PT1 E2192 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2001 America and drastically challenged our resolve erans like him that we are able to enjoy the helping in this time of tragedy. They are an as a nation. It is fitting that we commemorate freedoms we do today. example of the dedication and piety of Amer- the 60th anniversary by declaring December Arthur has had a distinguished naval career ica’s youth. I ask the House to join me in ex- 7, 2001, as National Pearl Harbor Remem- in service to his country achieving the rank of tending our warmest congratulations to the brance Day, not only as a reminder of the sac- Gunner’s Mate Third Class UNSR. His awards children of the Adventist Church Schools of rifices thousands made that this Nation could include, the Navy Good Conduct Medal for ex- Colorado for their honorable efforts. triumph, but to reflect upon the spirit that con- hibiting outstanding performance and conduct f tinues to sustain us as we face new chal- during three years of continuous active en- lenges today in a very dangerous world. listed service. He was also awarded the Asi- IN HONOR OF DEPUTY CHIEF ROB- ERT MARTIN OF THE JERSEY f atic-Pacific Campaign Medal with one silver and four bronze campaign stars for service in CITY POLICE DEPARTMENT TRIBUTE TO CLIFFORD E. the Asiatic-Pacific Theatre and the World War LAMPMAN II Victory Medal for service in the United HON. ROBERT MENENDEZ States Armed Forces during the period 1941– OF NEW JERSEY HON. GARY G. MILLER 1946. In addition, he earned the Philippine IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Liberation Ribbon, the Philippine Presidential Tuesday, December 4, 2001 IN THE HOUSE OF REPRESENTATIVES Unit Citation and the American Campaign Medal for service in the American Theatre dur- Mr. MENENDEZ. Mr. Speaker, I rise today Tuesday, December 4, 2001 ing WWII. After three years, two months and to pay tribute to Deputy Chief Robert Martin of Mr. GARY G. MILLER of California. Mr. six days of dedicated service, Arthur was hon- the Jersey City Police Department, for his out- Speaker, it is with deep regret that I rise to orably discharged from the United States Navy standing law enforcement career and years of pay tribute to Clifford Erle Lampman, who in January 19, 1946. dedicated service on behalf of the residents of passed away on October 28, 2001, leaving the The selfless attitude that characterized Ar- Jersey City. A veteran of the Jersey City Police Depart- cities that he served in California to mourn the thur during his time in the military is evident in ment, Robert Martin excelled as a law en- loss of a respected business associate and his devotion to his family and home. A resi- forcement officer. He joined the force in 1973 friend. dent of the 34th district since 1955, Aurthur is After his honorable discharge from the the proud parent of three, Gary, Sally and and was assigned to the 5th Precinct and United States Marine Corps, he graduated Paula and devoted husband of fifty-three South District Divisions. In 1979, he was pro- from the University of North Dakota and Den- years to Patricia. Today Aurthur takes pleas- moted to the rank of Sergeant and worked in ver University with civil engineering degrees. ure in his retirement from a long employment the Bureau of Supervision. As Sergeant, Rob- He obtained his Master’s degree in Structural at Owen’s Illinois, a glass and china manufac- ert Martin assumed responsibilities that in- Engineering at the University of Southern Cali- turing company, surrounded by his four grand- cluded heading up the Investigation Division’s fornia and attended Loyola Law School in Los children, five great-grandchildren and his two Street Crime Unit and the Special Investiga- Angeles, California. With the support of his beloved boxers. tions Unit. In overseeing the operations of wife, Gwen, he eventually established his own Arthur is a model American citizen and one these two units, Robert Martin was respon- business, Lampman and Associates. Mr. I am proud and honored to represent. His sible for police investigations related to rob- Lampman’s expertise in consulting and engi- bravery and courage have earned him our bery, organized crime, and narcotics. While neering soon opened doors to contracts with most heartfelt appreciation and respect. heading up the Special Investigations Unit, Mr. many California cities. Major projects that he Please join me in thanking Arthur for his serv- Martin was promoted to the rank of Lieutenant successfully completed include the Alameda ice to our country, dedication to the commu- and eventually assumed the rank of Captain. Corridor Railroad Lowering for Huntington nity and devotion to family and home. He re- As a result of his unyielding work ethic, in Park and a massive three bridge project for mains an example to us all of a true Amer- 1991, Robert Martin was appointed as Chief of the city of Corona. At the time of his passing, ican. Investigations for the Hudson County Prosecu- tors Office. Upon returning to the Jersey City he was working for the city of Placentia as an f Police Department in 1997, he was promoted executive advisor to the first railroad-lowering TRIBUTE TO ADVENTIST CHURCH project in Orange County, known as the Or- to Deputy Chief. SCHOOLS A graduate of Bergen Community College ange Gateway Railroad Lowering Project. and Jersey City State College, Deputy Chief Family, friends and business associates de- Martin also attended the F.B.I. National Acad- scribed Mr. Lampman as a visionary, char- HON. BOB SCHAFFER OF COLORADO emy in Quantico, Virginia, and has a Master’s ismatic leader, an inspirational optimist and a IN THE HOUSE OF REPRESENTATIVES Degree from Seton Hall University. devout Christian who opened his heart and Tuesday, December 4, 2001 I would like to extend my gratitude to Chief home to those in need of support, guidance Deputy Robert Martin for all he has done to and prayer. Four brothers and sisters, his wife, Mr. SCHAFFER. Mr. Speaker, I rise today ensure the safety and well-being of those indi- Gwen, seven children, nine grandchildren and to recognize the children of the Adventist viduals residing in New Jersey’s 13th Con- one great-grandchild survive him, all who will Church Schools of Colorado. These children gressional District. experience a void that was once filled by his are donating two dollars each to support the Today, I ask my colleagues to join me in loving personality. children in Afghanistan and victims of the Sep- honoring Deputy Chief Robert Martin for keep- Mr. Speaker, I ask that this 107th Congress tember 11th terrorist attacks. For this, Mr. ing our communities safe and for being an ex- join me in celebrating the life and legacy of Speaker, the United States Congress should cellent role model and civic leader for the resi- Mr. Clifford Erle Lampman. commend them. dents of Jersey City. f The children in the Colorado division of the Adventist Church Schools have responded to f IN HONOR OF AUTHUR EDWARD President Bush’s call to have America’s youth TRIBUTE TO INDUSTRIAL OFFICE UNZUETA donate one dollar to the children of Afghani- WORKERS LOCAL UNION 889 60TH stan. Moreover, they are giving an additional ANNIVERSARY CELEBRATION HON. GRACE F. NAPOLITANO dollar to support the children of New York OF CALIFORNIA City. There are twenty-one schools in Colo- HON. DAVID E. BONIOR IN THE HOUSE OF REPRESENTATIVES rado participating in this program. The money OF MICHIGAN Tuesday, December 4, 2001 raised will significantly help those in need. IN THE HOUSE OF REPRESENTATIVES In recognizing these children, Pat Chapman, Mrs. NAPOLITANO. Mr. Speaker, I rise of the Rocky Mountain Conference of Sev- Tuesday, December 4, 2001 today to honor and salute a heroic WWII Navy enth-day Adventists, said, ‘‘The program will Mr. BONIOR. Mr. Speaker, today I rise to veteran and a forty-six year resident of the benefit a lot of children in Afghanistan, as well, recognize the Industrial Office Workers Local 34th district, Authur Edward Unzueta. Arthur as many children in New York.’’ These exem- Union 889, who will celebrate its 60th Anniver- represents the best of what it means to be an plary children are excellent role models for our sary on Friday, September 21, 2001. Truly a American; an individual devoted to both family country. milestone occasion, 2001 marks 60 years of and country. He served his country coura- The children in the Colorado division of the outstanding dedication and commitment of the geously and it is because of countless vet- Adventist Church Schools are committed to organization and its members.

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.004 pfrm04 PsN: E04PT1 December 4, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2193 Established in 1941, Local 889 was the first reported for Fleet Operational Training with Chesaning Indians include: Jacob Smith (1), office and clerical amalgamated local in the Fighter Squadron One Fifty Four (VF–154), as Steve Korf (2), Tyler Alden (3), Justin Schnei- United Auto Workers. Located in the city of a ‘‘Black Knight.’’ He was then designated for der (5), AJ Guerrero (6), Matt Breier (7), Warren since 1957, the offices of Local 889 Landing Signal Officer Training and completed Jason Strachota (8), Tracey Baryo (9), Chris have spanned from Mound Road to Dequindre LSO School in Pensacola, Florida. In addition, Anderson (11), Matt Ferry (12), Brent Road, and decades later, with hard work, sac- he held the positions of Power Plants Branch Bassham (17), Jacob Righi (20), Gordon rifice and dedication, Local 889 continues to Officer, Aircraft Division Officer, Assistant McKinnon (22), Mark Jungerheld (24), Craig provide a center of solidarity and activism for Safety Officer, and Assistant Operations Offi- Welsenberger (32), Chris Barancik (33), Jason the entire community. cer, in addition to completing Naval Fighter Lentz (40), Paul Tithof (41), Jason Croucher With 1,600 active members and more than Weapons School. (42), Andrew Hasse (50), Joshua Gosselin 2,300 retired workers, Local 889’s expansive Following his fleet tour, Captain Baliukas (52), Brent Conklin (53), D. Shawn Plonsky membership includes Daimler Chrysler office was assigned to Fighter Squadron One Hun- (54), Jarod Hughes (55), Dan Reed (56), and clerical workers of all Chrysler plants in dred Twenty-One Fleet Replacement Training Juanito Escamilla (57), Jonathan Bishop (58), the metropolitan area, units at Delta Dental, Squadron as an F–4 instructor and Training Nicholas D. Weigold (59), Jacob Devereaux Detroit Marriott, Detroit Medical Center, as Landing Signal Officer. In addition, he was (61), Adam Orth (62), Jacob Henige (63), well as Union Friendly Systems, Washington designated to head the Tactics Training De- Scott Schneider (68), Randy Coole (70), Justin Township, M.C.C.S.E. Family Court, Juvenile partment and the Weapons Training Depart- Maxa (71), R. Michael Adelberg (75), Brandon Court, Specialized Offices, and Animal Control ment. While attached to VF–121 he was also Brainerd (80), Blake Cottrill (84), and Dennis of Macomb County. With Local 889 Inter- assigned to the Aircraft Acceptance and Car- Winkelman (99). national Representatives serving at the Inter- rier Suitability of the F–4S, where he assisted The dedication that these players put forth national Union and Region I of the U.A.W., the in the fleet transition from F–4J/N to F–4S throughout the entire season is one of which loyalty and outstanding leadership members while delivering 26 fleet ready aircraft to NAF the entire district can be proud. Their victory have truly brought this organization to new Atsugi, Japan. Captain Baliukas was then as- not only brought the team together in great heights. signed to Fighter Squadron One Hundred spirit, but their family, friends, and community Active with many organizations, Local 889 Twenty-Four for F–14 transition and assign- as well. has worked hard through the years to reach ment as an instructor and Training Landing Once again, on behalf of the 4th Congres- out to its surrounding community with Commu- Signal Officer. He then rotated back to the sional District of Michigan, I would like to con- nity Action Programs, the Women’s Com- fleet as a Airwing Landing Signal Officer with gratulate the coaches and members of the mittee, and so many recreational activities for Carrier Airwing Two at NAS Miramar where he Chesaning High School Varsity Team on their all ages. With its Educational Session, Civil made two more additional Westpac Tours. achievement. I wish them the best in their fu- Rights, and Leadership Development pro- Captain Baliukas affiliated with VF–302 in ture football seasons. grams, Local 889 has proven its commitment 1984, as a ‘‘Stallion.’’ He held numerous posi- f to promoting civic education and service for its tions of responsibility including Department entire community. Additionally, Local 889 has Head tours as Maintenance and Operations CONFERENCE REPORT ON H.R. 2299, truly led the way in press and publication, as Officer. He served as the Squadron Executive DEPARTMENT OF TRANSPOR- award winners from the Labor Union Press Officer from 1991 to 1993. After the disestab- TATION AND RELATED AGEN- Association for quarterly issues of the Local lishment of Carrier Air Wing Thirty, he was se- CIES APPROPRIATIONS ACT, 2002 889 White Collar Newspaper as well as win- lected to become the Executive Officer and SPEECH OF ners of 13 Marshall Recipient Awards since Commanding Officer of the ‘‘Hunters’’ of VF– 1994 from the joint Chrysler-UAW National 201 at NAS Dallas and NAS Ft. Worth, Texas HON. ROBERT T. MATSUI Training Center. from 1994 to 1997. In 1997 Captain Baliukas OF CALIFORNIA Although history and time have changed the was selected to join the staff of NSAWC 0287 IN THE HOUSE OF REPRESENTATIVES Local, the spirit of Local 889 has remained as a Tactics Instructor and Evaluator. He be- Friday, November 30, 2001 strong. I would like to personally congratulate came Executive Officer of the NSAWC unit in Local 889 on their 60th Anniversary, and I October 1999. During his career, he has accu- Mr. MATSUI. Mr. Speaker, I rise today to urge my colleagues to join me in recognizing mulated over 3,700 flight hours in tactical jet express my most sincere appreciation to the them on this landmark occasion. aircraft and has completed over 680 day and Transportation Appropriations conferees for their outstanding work in preparing the FY f night aircraft carrier landings. Captain Baliukas is a captain and flight in- 2002 Transportation Conference report. In re- CONGRATULATIONS TO CAPTAIN structor for American Airlines and currently cent years, Sacramento has become one of JEROME BALIUKAS flies the Boeing B737–800 series aircraft. He the fastest growing regions in the country. and his wife Kelley reside in Yuma, Arizona. This sudden surge in population has led to HON. GARY G. MILLER Again, Mr. Speaker, I congratulate Captain massive traffic congestion and severe air qual- OF CALIFORNIA Baliukas for his dedicated service to the ity problems. Ensuring that Sacramento’s in- IN THE HOUSE OF REPRESENTATIVES United States Naval Reserves and sincerely frastructure can simultaneously accommodate this growth and improve the region’s air quality Tuesday, December 4, 2001 wish him well in his future naval career. f is absolutely essential. Mr. GARY G. MILLER of California. Mr. I am grateful for Chairman ROGER’s and Speaker, I rise today to congratulate Captain CHESANING HIGH SCHOOL Ranking Member SABO’s commitment to pro- Jerome Baliukas for his untiring service to the VARSITY FOOTBALL TEAM viding appropriate funding levels for several United States Naval Reserve. On 8 December ongoing programs that are of vital importance 2001, he will end a successful two year tour HON. DAVE CAMP to maximizing efficiency in the greater Sac- as Commanding Officer of the Naval Strike OF MICHIGAN ramento region. These funds will provide and Air Warfare Center (NSAWC 0194) at IN THE HOUSE OF REPRESENTATIVES much needed transportation options to lower- Naval Air Station (NAS) Fallon, Nevada. income individuals, improve the region’s air Captain Baliukas was born 31 March 1952 Tuesday, December 4, 2001 quality and improve traffic flow in impacted in Miami Beach, Florida. He attended Florida Mr. CAMP. Mr. Speaker, I rise today to pay corridors. International University and the University of tribute to the Chesaning High School Varsity In addition, the inclusion of first time funding Miami in Coral Gables, Florida where he grad- Football Team, who recently won the 2001 for the Interstate 5 Freeway Decking Project uated in 1974 with a Bachelor Degree in Fo- Michigan Division 4 state title. In their heart- represents a tremendous boost for the Sac- rensic Science and a degree in Criminal Juris stopping championship game played at the ramento Riverfront Redevelopment Master Prudence. He reported to Pensacola, Florida Silverdome, located in Pontiac, Michigan, the Plan. Once complete, this decking project will for Aviation Officer Candidate School and was Chesaning Indians defeated the Orchard Lake allow the downtown Capitol Mall area to be re- commissioned an Ensign in June of 1975. St. Mary’s Eaglets 14-7 in overtime. connected with the waterfront, helping Sac- Captain Baliukas was designated a Naval Avi- Led by Head Coach Jim Szappan and As- ramento to realize its long-term goal of linking ator in Beeville, Texas in July 1976. sistant Coaches Steve Tithof, Dan Yates, its major recreational, entertainment and cul- Orders followed to F–4 transition training at Scott Menard, Gary Gerken, Mike McGough, tural districts with its major employment cen- VF–121 in NAS Miramar, California. He then and Joe Bogar, members of the 2001 ter.

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.009 pfrm04 PsN: E04PT1 E2194 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2001 The beneficial effects of these projects are sey. Proceeds from this event will benefit the Dr. DiMaso instilled in his young eastside endless. I could not be more pleased with the Bayonne High School Vocal Music Program. patients the importance of hard work and com- outcome of this conference report and remain Tammy Blanchard has enjoyed an extensive mitment to the community. As a young boy, he grateful for the unwavering support of this and successful acting and modeling career dreamed of becoming a doctor and helping committee. that has included many awards and acclama- others while he worked with his father to sell f tions. She has appeared in numerous tele- vegetables in their Brooklyn neighborhood, vision commercials and has modeled for sev- growing up in an area where going to high CONDEMNATION OF HUMAN eral teen magazines and catalogues. In addi- school, let alone medical school, was unheard CLONING tion to her acting role in ‘‘Me and My Shadow: of. He has passed along this tradition of per- Life with Judy Garland,’’ Tammy Blanchard severance and community service to his four HON. BOB SCHAFFER has also appeared in episodes of ‘‘Guiding children and six grandchildren. OF COLORADO Light’’ and ‘‘Law and Order.’’ Future projects I applaud the 2001 Columbus Day Com- IN THE HOUSE OF REPRESENTATIVES include acting parts in ‘‘The Promise,’’ sched- mittee and Dr. DiMaso for their leadership, uled to be in movie theaters April, 2002, and Tuesday, December 4, 2001 commitment, and service, and I urge my col- the upcoming Lifetime television movie, ‘‘We leagues to join me in saluting them for their Mr. SCHAFFER. Mr. Speaker, I rise today Were the Mulvaneys.’’ exemplary years of leadership and service. to express in the most serious terms my oppo- A native of Bayonne, New Jersey, Tammy f sition to the recent acts of Advanced Cell Blanchard is a 1994 graduate of Bayonne Technology in Massachusetts to create the High School. She continues to reside in Ba- TRIBUTE TO SUE ELLEN PANITCH first cloned human embryo. Most scientific dis- yonne, sharing a house with her mother, Ms. coveries are a step forward for human kind, Patricia Rettig, and her brothers, William Blan- HON. JOHN W. OLVER but ACT’s announcement over the Thanks- chard III and Thomas Walters. OF MASSACHUSETTS giving holiday does not pose such promise. In- In light of her many accomplishments, I IN THE HOUSE OF REPRESENTATIVES stead, it signifies a sick and perverted experi- would like to extend my personal congratula- Tuesday, December 4, 2001 ment that will result in the destruction of hun- tions and my warmest regards to Tammy dreds of lives and the devaluing of all human Blanchard for her many achievements. Mr. OLVER. Mr. Speaker, I rise to pay trib- life. Today, I ask my colleagues to join me in ute to Sue Ellen Panitch of Holyoke, Massa- We all remember Dolly the sheep, the first honoring Tammy Blanchard for her magnifi- chusetts for her outstanding contributions to cloned animal in the world. Well, Mr. Speaker, cent acting career and commitment to helping her community. Since 1965, Ms. Panitch has Dolly was the result of 277 attempts at cre- assist students in the Bayonne Public School been somewhat of a ‘‘super-volunteer’’ in Hol- ating a cloned sheep. Sheep numbers 1–276 System. yoke, having served on numerous boards and didn’t make it. They all died in different stages f commissions, including the Conservation of development and were discarded. Do we Commission, the Holyoke Community College want to allow such experimentation to be con- TRIBUTE TO DR. GENNARO J. Foundation, The Therapeutic Equestrian Cen- ducted on the human race? If we allow such DIMASO ‘‘2001 MAN OF THE ter, The Future Begins Here, the Council of a mad science to occur, we will be permitting YEAR’’ COLUMBUS DAY CELE- Human Understanding and the Holyoke Tax- the same kind of immoral practices as the BRATION payers Association. human eugenics experiments in Nazi Ger- Sue Ellen began her long career as a volun- many. HON. DAVID E. BONIOR teer at the gift shop at Providence Hospital, Mr. Speaker, Congress must act now to ban OF MICHIGAN and continues to this day to be one of human cloning before America becomes host IN THE HOUSE OF REPRESENTATIVES Holyoke’s greatest civic champions. Just last to another holocaust. In July of this year, our month, through Sue Ellen’s efforts, the ‘‘911 Tuesday, December 4, 2001 colleagues in House acted in a timely and re- Fund,’’ created by the Holyoke Firefighters sponsible manner to pass legislation banning Mr. BONIOR. Mr. Speaker, each year the union—Local 1693, became eligible to receive human cloning. The bill passed in a bipartisan Italian American community celebrates Colum- a portion of the proceeds raised at the 2002 manner by more than 100 votes. bus Day, with festivities including a weekend The Future Begins Here charity event. The Since that time, Majority Leader of the op- of food, music, and fun, as well as an annual 911 Fund benefits victims of the September posing house has demonstrated an utter dis- Columbus Day Parade and Banquet. With or- 11 terrorist attacks and their families. regard for human life by preventing the bill ganizations and committees dedicated to pro- Ms. Panitch’s dedication to creating a better from going forward at the other end of the moting and preserving the Italian-American community has been so remarkable that the Capitol. I now urge the majority leader of the heritage through language, culture, music, and Holyoke Rotary Club recently honored her with other body to follow this House, the President social events, the Columbus Day Committee is its prestigious William G. Dwight Award. I can’t and the will of the American people to bring no exception. Honoring distinguished Italian- think of a more deserving recipient of this H.R. 2505 to an immediate vote. The time is Americans who have shown outstanding serv- award, and I hope that Sue Ellen will continue short as groups like ACT are pushing forward ice in their local communites, each year the to contribute so selflessly to her city. Holyoke to create the first cloned human being. We Columbus Day Committee selects individuals is a much better place due to her life’s work. must stop these crimes against humanity be- who demonstrate these qualities. On Sunday, Thank you Sue Ellen Panitch. fore it is too late. October 7, as the families and friends gath- f f ered together at their annual Columbus Day Banquet, they recognized Dr. Gennaro J. INTRODUCTION OF THE CALI- IN HONOR OF TAMMY BLANCHARD DiMaso as their ‘‘2001 Man of the Year’’. FORNIA FIVE MILE REGIONAL As past president of the St. John Guild and LEARNING CENTER TRANSFER HON. ROBERT MENENDEZ recipient of the Guild’s Lifetime Achievement ACT OF NEW JERSEY Award, Dr. Gennaro J. DiMaso has dem- IN THE HOUSE OF REPRESENTATIVES onstrated outstanding dedication and commit- HON. GEORGE RADANOVICH ment to both the Italian and American commu- Tuesday, December 4, 2001 OF CALIFORNIA nities. Dr. DiMaso has truly dedicated his time IN THE HOUSE OF REPRESENTATIVES Mr. MENENDEZ. Mr. Speaker, I rise today and efforts to the care of generations of chil- to honor and pay tribute to Tammy Blanchard dren. With an unconventional, but warm- Tuesday, December 4, 2001 for winning an Emmy in her portrayal of the hearted approach, Dr. DiMaso, ‘‘the doctor in Mr. RADANOVICH. Mr. Speaker, today I am young Judy Garland in ‘‘Me and My Shadow: blue jeans’’ has devoted his life and profes- pleased to introduce legislation to transfer Life with Judy Garland.’’ The Bayonne Public sion to providing patients with the highest 27.1 acres of National Forest Service property School System will recognize her outstanding standards of quality health care. Under- from the Stanislaus Forest to the Clovis Uni- accomplishments by declaring Wednesday, standing that the ‘‘only treasure on Earth we fied School District. By so doing, this legisla- December 5, 2001, as ‘‘Tammy Blanchard have are kids’’, he has worked tirelessly for 44 tion will permit the school district to continue Day.’’ On December 5th, Ms. Blanchard will years to meet the needs of his young patients, to operate the Five Mile Regional Learning be honored during a fundraising party at and never refused care to an impoverished Center on this National Forest land and, more Chandelier Restaurant in Bayonne, New Jer- child. to the point, it will now allow the school district

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.012 pfrm04 PsN: E04PT1 December 4, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2195 to fund vitally necessary capital improvements In addition, Stanislaus National Forest Su- TRIBUTE TO FIRST NATIONAL to the Learning Center facilities. Without this pervisor Ben Del Villar has stated to the Clovis BANK OF LAS ANIMAS legislation, these improvements and non-fed- Unified School District, in correspondence, eral expenditures would not be allowed and ‘‘We believe that your acquisition of the learn- HON. BOB SCHAFFER the Learning Center could not continue due to ing center would be in the best interest of the OF COLORADO dilapidation. public and the Forest Service.’’ IN THE HOUSE OF REPRESENTATIVES This legislation, therefore, should be consid- Without transfer of ownership the Clovis Tuesday, December 4, 2001 ered non-controversial and an exercise in co- Unified School District is prohibited from Mr. SCHAFFER. Mr. Speaker, I rise today operative and effective local, state and federal spending its money on capital improvements to recognize the First National Bank of Las government relations. to ensure that these facilities do not fall into Animas, Colorado. Last month, First Bank The Five Mile Regional Learning Center is disrepair to the extent that they would be un- celebrated its 100th year of business. an Outdoor Environmental Education School usable. that benefits youth from all over the state of First National received its original charter on The Clovis Unified School District has on November 26, 1901, by the U.S. Comptroller California. Classes range from forest to raptor average spent more that $1 million per year studies with an emphasis on natural resource of Currency. The history of First National can over the last 12 years on operation and main- conservation. In addition to the environmental be traced to 1875 when it was then named tenance. education program the school district offers Bent County Bank. At the time, it was the only In addition to the ongoing commitment of course work on character development, team bank between Pueblo, Colorado and Garden more than $1 million per year in operation building, and individualized challenge activities City, Kansas. Mr. Speaker, I congratulate the such as high ropes. During the summer the costs, the Clovis Unified School District is will- bank for its longstanding presence and exem- site is used by a variety of groups, including ing to invest $5 million over 5 years in capital plary service to the community of eastern Col- Educators, DeMolay, Girl Scouts, basketball improvements and renovations to the existing orado. camps and school leadership students. In ad- facilities. First National Bank has long been a founda- dition, a number of counties in conjunction The legislation authorizes a new Special tion of capitalism and commerce in Bent County. Opening with only $50,000 in capital, with local and state agencies bring ‘‘At risk Use permit that would essentially continue the the bank has grown to over $102 million in as- kids’’ to the program’s Life’s Alternatives In- authorization for Clovis to use the adjacent sets. First National Bank has been a fixture in volving Risks (LAIR) Adventure Academy. 100 or so acres presently used but on which The Regional Learning Center serves 138 no structures in need of capital improvement the community and is a key reason why Las schools from approximately 60 school districts exist. Animas continues to be one of the strongest in California. Approximately 14,000 students The federal costs of this transfer are admin- economic centers in eastern Colorado. As a company located in Colorado’s Fourth participated in this educational program last istrative-only and negligible to the value that Congressional District, First National Bank is a year. Counties served include: Contra Costa, the school district will be spending to increase source of pride for the community of Bent El Dorado, Fresno, Madera, Marin, Merced, the value of the property and run this impor- County and all people of Colorado. Through- Sacramento, San Francisco, San Joaquin, tant educational program for the children of out the course of history the bank has helped San Luis Obispo, Stanislaus, Toulumne, and California. many Coloradans. It is with honor and pride I Tulare. It operated three basketball camps that wish First National a happy 100th Birthday. I reached nearly 1,000 boys and girls. DeMolay, f ask the House to join me in extending whole- Fresno North LDS, and Four Square Church hearted congratulations to First National Bank account for another 400 people using the facil- RECOGNITION OF NATALIE of Las Animas, Colorado. ity. A project is in development that would uti- AURAND OF MIFFLIN, PENNSYL- lize the LAIR area as an Elderhostel site fo- VANIA f cusing on living during the Gold Rush days. IN HONOR OF CATHERINE E. TODD The Five Mile Regional Learning Center is a HON. BILL SHUSTER Forest Service Administrative site located in OF PENNSYLVANIA HON. ROBERT MENENDEZ the Mi Wok Ranger District, Stanislaus Forest. IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY The site includes bartacks, a mess hall, class- IN THE HOUSE OF REPRESENTATIVES rooms, a gymnasium and shop buildings. This Tuesday, December 4, 2001 Tuesday, December 4, 2001 site is 27.1 acres. Mr. SHUSTER. Mr. Speaker, I rise today to Approximately 100 additional acres adjacent recognize Ms. Natalie Aurand, a resident of Mr. MENENDEZ. Mr. Speaker, I rise today to the National Forest are used as part of the my district from Mifflin County, Pennsylvania. to honor Catherine Todd for her years of serv- comprehensive conservation/education pro- The Future Farmers of America recently ice on behalf of public housing residents in gram for trails, campsites, ballfields, bird mew awarded Natalie the American Degree, their Hudson County, New Jersey. On Friday, De- cember 7, 2001, the Jersey City Tenant Affairs sites, bird blinds, and a tree nursery. highest honor, at the organization’s 74th Na- The 120 acre Five Mile Regional Learning Board will honor Ms. Todd at their December tional Convention in Louisville, Kentucky. Nat- Center has been operated by the Clovis Uni- Board Meeting. This tribute will take place at alie, the daughter of Mr. & Mrs. Edwin Aurand, fied School District since 1989. Prior to that the Montgomery Gardens housing complex in is a fourth generation Mifflin County Farmer the Fresno County Office of Education starting Jersey City, New Jersey. and a very active member of the Big Valley in 1969 operated the project. For nearly 50 years, Catherine Todd has While the Five Mile Regional Learning Cen- FFA Chapter. She is the first person from her worked to improve the standard of living for ter is located on National Forest Land, the fed- chapter to receive an American Degree in 17 public housing residents in Hudson County. eral government plays no role in the operation years. Since 1978, she has served as the Chair- or maintenance of the facilities used by the Prior to receiving her American Degree, person of the Montgomery Gardens Tenant program or in delivery of the educational pro- Natalie earned her Greenhand, Chapter, and Management Corporation in Jersey City. As gram. The National Forest Service merely per- Keystone degrees by completing supervised Chairperson, she supervises the entire Mont- mits the use of these facilities and lands to the agriculture experience projects in Beef, Swine, gomery Gardens Tenant Management staff Clovis Unified School District, and monitors and Sheep finishing, Farm Hand Worker, and and manages their operating budget. During the program to ensure that permit require- Home Garden. She is an extremely indus- her tenure as Chairperson, she has initiated a ments are adhered to. trious and involved individual, having held sev- day care center service and developed an The buildings and structures that are lo- eral offices within her FFA Chapter. She con- afterschool program for neighborhood children. cated on the 27.1 acres of main property have tinues to be active in FFA and participates in As a result of her extensive experience in been in existence since the early 1960’s. How- the organization’s various county, state, and the public housing sector, Catherine Todd has ever, the Forest Service has not funded or ap- national events. She is currently attending served as a consultant to the U.S. Department propriated monies to maintain or operate Delaware Valley College where she is major- of Housing and Urban Development and nu- these buildings. According to Forest Service ing in Agricultural Education. merous other resident management associa- documents the ‘‘Regional Learning Center fa- Mr. Speaker, I am sure you will join me in tions. Currently, she serves as the Resident cility has outlived its life by years and if it were congratulating Natalie on her accomplishment Management Coordinator for the Newark not for the efforts of the Clovis Unified School and her extraordinary service to the FFA. She Housing Authority and continues to offer ad- District, the buildings would be in a state of is truly an outstanding individual and I wish vice and guidance to various resident man- disrepair useable to no one.’’ her well in her future endeavors. agement firms.

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.017 pfrm04 PsN: E04PT1 E2196 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2001 A graduate of Ferris High School, Catherine RECOGNIZING THE PHYSICIANS, veloping their potential for premier leadership, Todd is also an alumnus of Hudson County NURSES, AND HEALTH CARE personal growth and career success through Community College. PROVIDERS OF INOVA FAIRFAX agricultural education. With a 74-year history, Today, I ask my colleagues to join me in HOSPITAL the FFA has been an integral part in con- honoring Catherine Todd for her years of dis- tinuing America’s great tradition as a leader in tinguished service on behalf of public housing HON. TOM DAVIS agriculture production. residents in Hudson County, New Jersey. OF VIRGINIA The Flagler chapter of the Future Farmers IN THE HOUSE OF REPRESENTATIVES of America is a source of pride for the commu- f nity of Flagler and all people of Colorado. The Tuesday, December 4, 2001 team has shown great strength and fortitude HONORING FREDERICK P. AQUIRRE Mr. DAVIS of Virginia. Mr. Speaker, I rise by placing in the top five of all teams com- today to recognize the fine work of the physi- peting. I ask the House to join me in extending HON. LORETTA SANCHEZ cians, nurses and other health care providers wholehearted congratulations to the Flagler OF CALIFORNIA at Inova Fairfax Hospital in response to the re- chapter of the Future Farmers of America cent cases of inhalation anthrax that befell team. IN THE HOUSE OF REPRESENTATIVES workers at the Brentwood postal facility. Two f Tuesday, December 4, 2001 employees of this facility, Mr. Leroy Richmond TRIBUTE TO DR. ROSE BELLANCA Ms. SANCHEZ. Mr. Speaker, today I rise to and an unnamed colleague, sought treatment at Inova Fairfax for what ultimately proved to ‘‘2001 WOMAN OF THE YEAR’’ CO- honor an outstanding citizen of Orange Coun- LUMBUS DAY CELEBRATION ty, Mr. Frederick P. Aguirre who has recently be inhalation anthrax. For both gentlemen, the been honored by Orange County’s United close attention and astute diagnoses of Drs. Way for his outstanding service in education Cecele Murphy and Susan Bersoff-Matcha HON. DAVID E. BONIOR to the Latino community. Mr. Aguirre has a were literally the difference between life and OF MICHIGAN strong sense of civic duty and is dedicated to death. IN THE HOUSE OF REPRESENTATIVES the Latino community, to our country’s vet- Physicians, nurses and other health care Tuesday, December 4, 2001 providers represent the difference between life erans, and to education. Mr. BONIOR. Mr. Speaker, each year the A graduate of UCLA Law School, he is a and death for many, many patients with myr- iad conditions every day. What was special Italian American community celebrates Colum- co-founder of the Hispanic Bar Association of bus Day, with festivities including a weekend Orange County. Currently, he serves on the about this instance was that both doctors were dealing with a rare disease that affords little, of food, music, and fun, as well as an annual Hispanic Advisory Committee of the Orange Columbus Day Parade and Banquet. With or- County District Attorney’s office. if any, room for error. Early diagnosis of an- thrax is essential in giving a patient the ganizations and committees dedicated to pro- His support for education spans across all chance to survive—a task made all the more moting and preserving the Italian-American levels. He was a mentor through the ‘‘Stay in difficult because early symptoms of anthrax heritage through language, culture, music, and School Program’’ that provides tutoring to at- are not easily distinguishable from the flu or social events, the Columbus Day Committee is risk students in the Santa Ana Unified School other common maladies. In addition, at the no exception. Honoring distinguished Italian- District. He has been a speaker at elementary point when Mr. Richmond presented at the Americans who have shown outstanding serv- schools, middle schools, high schools, and at emergency room, the extent to which postal ice in their local communities, each year the several colleges. He re-established the workers were at risk for exposure was not fully Columbus Day Committee selects individuals Placentia chapter of the League of United understood. Cast against a backdrop of pro- who demonstrate these qualities. On Sunday, Latin American Citizens (LULAC), a group that found public fear, with numerous worried pa- October 7, as the families and friends gath- provides scholarships for Hispanic youth and tients believing they displayed signs of an- ered together at their annual Columbus Day encourages civic participation through citizen- thrax, the actions of Drs. Murphy and Bersoff- Banquet, they recognized Dr. Rose Bellanca ship classes and voting. In 1994, he became Matcha are all the more impressive. their ‘‘2001 Woman of the Year’’. a member of the Corporate Development com- Quick and accurate decisions such as those Demonstrating outstanding dedication and mittee of the Hispanic Education Endowment made by Dr. Murphy, Dr. Bersoff-Matcha, the commitment to her students, her colleagues, Fund. In addition, he organized and re-incor- nurses and staff of Inova Fairfax Hospital will and her community, Dr. Rose Bellanca has al- porated Latino Advocates for Education, Inc. a be required to minimize casualties in any fu- ways been an active and enthusiastic sup- nonprofit organization that promotes edu- ture bioterrorism attacks. In the anthrax at- porter of education and advancement. Begin- cational excellence among our Latino students tacks—the first biological assault of our new ning her teaching career in 1973 at Fitzgerald and increases quality instruction and adminis- war on terrorism—these individuals have pro- High School in Macomb County, a short nine tration in schools. vided an outstanding example for others to fol- years later she was the first woman serving as His exemplary achievements in the commu- low. the Director of Vocational-Technical Education nity are also noteworthy. As a member of the in Macomb County while working for the Chip- f Board of Directors of the Alzheimer’s Associa- pewa Valley School District. Her hard work tion of Orange County, he founded the Multi TRIBUTE TO FLAGLER FFA and relentless pursuit for excellence in edu- Ethnic Community Advisory Board. He was AGRONOMY TEAM cation led her to become Assistant to the also a member and Chairman of the Board of President of Macomb Community College, the Community Advisory Board of Placentia HON. BOB SCHAFFER where she served as Interim Vice President Linda Hospital. In 1994, he organized a pro- OF COLORADO for Student and Community Relations and gram offering free legal services at the Cathy IN THE HOUSE OF REPRESENTATIVES later Vice President for Planning and Develop- Torrez Learning Center in Placentia. ment. Today, as Provost of Macomb Commu- In addition, he has been active in recog- Tuesday, December 4, 2001 nity College, her strong focus on students con- nizing U.S. veterans. Since 1998, he has or- Mr. SCHAFFER. Mr. Speaker, I rise today tinues to be her priority, and her hard work ganized a Veteran’s Day conference at Santa to recognize the Flagler, Colorado chapter of and innovative ideas continue to make her a Ana College in Santa Ana, CA. These events the Future Farmers of America. The Flagler leader in educational advancement. have grown in scope each year. The most re- team recently attended the 74th National FFA Faithfully committed to promoting her Italian cent, the 5th Annual Veteran’s Day Celebra- Convention and placed fifth in the Agronomy American heritage as well, Dr. Bellanca is also tion and Scholarship Program, honored over Career Development competition. an active member of the American Italian Pro- 100 living Mexican-American World War II vet- The members of the team—Jake Michal, fessional and Business Women’s Club and the erans and their families. Over 3,000 people at- Nathan McCaffrey, Kyle Einspahr, BJ New, Americans of Italian Origin Society. She has tended, including Governor Gray Davis. and David Wieser—were the first representa- received the Macomb County Woman of Dis- I am proud to recognize Mr. Frederick P. tives from Colorado to compete in this event. tinction Award by the Girl Scouts of Macomb Aguirre for his outstanding service to the Or- Despite being newcomers to the competition, County, as she is truly a role model for young ange County community, to education and to the team was able to persevere with an out- women and young Italian American women. A the Latino community. His efforts have truly standing finish at this year’s convention. devoted mother and wife of 30 years, a pro- touched people’s lives and have had a posi- The FFA is dedicated to making a positive fessional, and a friend, Dr. Bellanca truly is tive impact on our community. difference in the lives of young people by de- this year’s ‘‘Woman of the Year’’.

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.021 pfrm04 PsN: E04PT1 December 4, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2197 I applaud the 2001 Columbus Day Com- cle fleet management, roadway management Member successfully sought in the 1998 TEA– mittee and Dr. Bellanca for their leadership, and roadway maintenance conditions. Overall, 21 legislation. commitment, and service, and I urge my col- the practical effect will be to save lives, time Finally, this conference includes $1.1 million leagues to join me in saluting them for their and money. for rail research to be performed jointly by exemplary years, of leadership and service. This Member is also pleased that the con- UN–L and Marshall University in West Vir- f ference report includes $1 million for a High- ginia. The funding will be used for safety re- way 66 bypass south of Louisville, Nebraska. search projects in the areas of human factors, CONFERENCE REPORT ON H.R. 2299, This project, which has the support of the Lou- equipment defects, and train control methods. DEPARTMENT OF TRANSPOR- isville mayor and city council as well as the The University of Nebraska-Lincoln is well TATION AND RELATED AGEN- Cass County commissioners, would provide qualified to conduct this research. It has the CIES APPROPRIATIONS ACT, 2002 significant safety and economic development necessary expertise in the area of transpor- benefits for the area. tation safety to provide meaningful research SPEECH OF The conference report also includes which will improve railroad safety. In addition, HON. DOUG BEREUTER $325,000 requested by this Member for the the nation’s two largest railroads have a sig- OF NEBRASKA construction of the 1.7-mile Lewis & Clark bi- nificant presence in Nebraska (one has its cor- IN THE HOUSE OF REPRESENTATIVES cycle and pedestrian trail on State Spur 26E porate and working headquarters in Omaha) right-of-way, which connects Ponca State Park Friday, November 30, 2001 and the state currently is traversed by the and the Missouri National Recreational River busiest railroad corridor in the world which Mr. BEREUTER. Mr. Speaker, this Member Corridor to the City of Ponca. This trail will move vast amounts of western coal to much rises in support of the conference report for play an especially important role as the area of the rest of the nation. This funding will H.R. 2299, the Transportation appropriations prepares for the bicentennial of the Lewis and greatly contribute to safer rail operations bill for fiscal year 2002. Clark Corps of Discovery expedition and the throughout the country. This Member would like to commend the significant increase in tourism which it will help Mr. Speaker, in conclusion, this Member distinguished gentleman from Kentucky (Mr. generate. The approaching bicentennial rep- supports the conference report for H.R. 2299 ROGERS), the Chairman of the Transportation resents a significant national opportunity and it and urges his colleagues to approve it. Appropriations Subcommittee, and the distin- is crucial that communities such as Ponca f guished gentleman from Minnesota (Mr. have the resources necessary to prepare for SABO), the ranking member of the Sub- this significant commemoration. THE INTRODUCTION OF THE NEW committee for their hard work in bringing this The trail will provide the infrastructure nec- YORK RECOVERY FROM TER- conference report to the Floor. essary to improve the quality of life by pro- RORISM ACT Mr. Speaker, this Member certainly recog- viding pedestrian and bicycle access between nizes the severe budget constraints under Ponca and the Ponca State Park and in- HON. CHARLES B. RANGEL which the full Appropriations Committee and creases the potential for economic benefits in OF NEW YORK the Transportation Appropriations Sub- the surrounding region. The trail addresses IN THE HOUSE OF REPRESENTATIVES committee operated. In light of these con- serious safety issues by providing a separate Tuesday, December 4, 2001 straints, this Member is grateful and pleased off-road facility for bicyclists and pedestrians. that this legislation includes funding for several It is certainly important to note that this con- Mr. RANGEL. Mr. Speaker, today I intro- important projects of interest to the State of ference report includes $1.6 million for the An- duce legislation to provide tax incentives for Nebraska. telope Valley Overpass in Lincoln, Nebraska. the revitalization of New York City, and in par- This Member is particularly pleased that this This bridge is an integral piece of a com- ticular, Lower Manhattan. appropriations bill includes $1.5 million for pre- prehensive plan to revitalize downtown Lincoln We all know of the terrible events of Sep- liminary work leading to the construction of that has emerged from a partnership between tember 11, 2001, the awful loss of life, the bridges in Plattsmouth and Sarpy County to the City, the State of Nebraska, and the Uni- heroism in the face of adversity, and the phys- replace two obsolete and deteriorating versity of Nebraska-Lincoln. The funds would ical devastation. This was an attack not solely bridges. The request for these funds was assist with the design and right-of-way phase on New York, but on America. In the weeks made by this Member as well as the distin- of a bridge that would span railroad tracks. following the tragedy, Lower Manhattan has guished gentleman from Nebraska (Mr. This funding will supplement the $5,625,000 suffered greatly and the economy of New York TERRY) and the distinguished gentlemen from which this Member had successfully sought in City has been struck hard, it really is America Iowa (Mr. GANSKE and Mr. BOSWELL). the 1998 TEA–21 legislation. that has been struck. The agreement leading to the funding was In addition, the conference report includes I cannot begin to say how much New York- the result of intensive discussions and rep- $200,000 to study the feasibility and fiscal im- ers are grateful for the heartfelt response of resents the consensus of city, county and pact of the passenger rail project between Lin- their fellow Americans and people from all state officials as well as the affected Members coln and Omaha, Nebraska. The metropolitan over the world. The prayers, the charity, and of Congress. The construction of these re- areas of Omaha and Lincoln are becoming in- the promises of government support have all placement bridges (a Plattsmouth U.S. 34 creasingly integrated. The fringes get closer made an enormous difference in the ability of bridge and State Highway 370 bridge in Belle- together every year and the inter-city highway New York to begin to respond to and recover vue) will result in increased safety and im- commuter traffic is increasing significantly. The from the crisis. As one America we have re- proved economic development in the area. growing congestion will only get worse in the sponded to this dastardly attack in Afghani- Clearly, the bridge projects would benefit both coming years. A far-sighted approach is nec- stan; across America; and, in New York. counties and the surrounding region. essary to address the needs of commuters Through this unity I believe that Congress This Member is also pleased that the con- and others using the corridor. The proposed should provide the tools necessary for New ference report includes $4 million for Nebras- study is a necessary component in this proc- York to fully recover from the attacks and as- ka’s Intelligent Transportation System (ITS). ess. It would examine such important issues sure that the vitality of Lower Manhattan be This funding, which was requested by this as travel patterns, ridership potential for rail sustained. Member and the distinguished gentleman from service and cost evaluations. Lower Manhattan in 1624 was the first part Nebraska (Mr. OSBORNE), is to be used to fa- Adequate funding is clearly needed to make of then New Amsterdam settled by Europeans. cilitate travel efficiencies and increased safety this study and the overall project a reality. A It has always been the heart of New York. It within the state. feasible transportation alternative for the cor- has been the entry point for millions of immi- The Nebraska Department of Roads has ridor would hold the promise of increased eco- grants. Beginning in the 18th century and into identified numerous opportunities where ITS nomic development, improved air quality and the 21st century it has been the heart of fi- could be used to assist urban and rural trans- safety and decreased congestion. nance in America and today the financial cen- portation. For instance, the proposed State- The conference report also includes $1 mil- ter of the world. wide Joint Operations Center would provide a lion for preliminary engineering for the replace- Unfortunately, the impact of the attack on unifying element allowing ITS components to ment of U.S. Highway 81 bridge at Yankton the World Trade Center has altered the char- share information and function as an inter- between Nebraska and South Dakota. This acter of Lower Manhattan. Many businesses modal transportation system. Among its many funding will be helpful in replacing an impor- have had to temporarily move out of the area. functions, the Joint Operations Center will fa- tant bridge across the Missouri River. This It is unclear if they will return. Many busi- cilitate rural and statewide maintenance vehi- funding supplements the $1.125 million this nesses depending on the traffic in the area

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.025 pfrm04 PsN: E04PT1 E2198 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2001 are suffering. Many other businesses are con- PRICE-ANDERSON to, when They need aid and help if You templating a move out of Lower Manhattan. REAUTHORIZATION ACT OF 2001 are not there;’’ and then wake up and The City across the five boroughs has suf- say ‘‘Thank-you’’ to the HIGHEST, SPEECH OF HIGHER POWER: That ever Nation of fered as well. Revenues for the city and state the world has His blood and seed in governments are down significantly. Public in- HON. W.J. ‘‘BILLY’’ TAUZIN this, our, their nation called the stitutions such as hospitals are suffering finan- OF LOUISIANA United States of America; whose still cially. Projects once thought possible are now IN THE HOUSE OF REPRESENTATIVES standing! on hold. America, America, ‘‘Thank-You for being Tuesday, December 4, 2001 Funds provided through FEMA will help con- there for Us and Oh yes, for the Them siderably. The appropriations Congress will Mr. TAUZIN. Mr. Speaker, in my previous around the world too and for still standing!’’ provide in the supplemental bill enacted after remarks on this important legislation, I failed to note the important role that the Bush Adminis- America, America, young and shy; ‘‘Please the attacks will also help. Nevertheless, there do not die and through it all Thank are still unmet needs and uncertainty that tration has played in helping us get H.R. 2983 GOD and then You for still standing!’’ must be resolved. to the House floor. In particular, the Depart- America, America, not just standing by; war That is why I have introduced this legislation ment of Energy’s constructive guidance has or peace what shall it be; fight today, to provide tax incentives for New York’s recov- been a real asset to us. In the course of our in order that We will and can stand to- ery. I am very pleased that my colleague from discussions with DOE, we have been told that morrow; but for now, still standing! America, America, Standing oh so high; with New York, Mr. HOUGHTON, has introduced the Administration has a number of concerns her Mommy, Her Daddy, Her Aunt and H.R. 3373, which also provides tax incentives about the legislation, as reflected in the state- ment of Administration position. We will of Uncle Nations saying, Yelling; ‘‘let Me for New York’s recovery. I have cosponsored help protect My Brothers, Sisters and the bill. I am introducing this bill because it of- course work closely with the Department to Cousins too. * * * Mom, Dad, Aunt and fers alternatives to H.R. 3373 and will allow ensure that these concerns are addressed as Uncle Nations; You taught Me well and New York Members to support varying means the process moves forward. now We All are still standing!’’ to speed the City’s recovery. It will also allow f America, America, still standing, strong, Congress to chose the most effective and effi- tiered, afraid, concerned, kind, gentle TRIBUTE TO THE POETRY OF MISS cient provisions for the recovery. and extended, yet not alone; thus, I SHEILA BRIDGES first Thank Our GOD; then My lucky The provisions of this bill, are for the most star; My Fairy Godmother and all that part, included in the Stimulus Bill reported by is fair, honest, just, clean and right; the Senate Finance Committee. Two of the HON. JAMES A. TRAFICANT, JR. that I, We can still say ‘‘America, provisions would have been amendments to OF OHIO America, You are still standing!’’ the Finance Committee bill had it been consid- IN THE HOUSE OF REPRESENTATIVES ered on the Senate floor. Tuesday, December 4, 2001 f The bill proposes the following: Mr. TRAFICANT. Mr. Speaker, the following H.R. 2983, THE PRICE-ANDERSON A 20 percent wage credit to employers for was written by one of my constituents, Miss REAUTHORIZATION ACT OF 2001 the first $6,000 paid per year to employees Sheila Bridges. Her poetry is a tribute to our working in Lower Manhattan from September nation, which is still standing strong and 11, 2001 to December 31, 2004. The credit is proud. HON. JOE BARTON also available for wages paid employees by OF TEXAS STILL STANDING companies who were operating in Lower Man- IN THE HOUSE OF REPRESENTATIVES (By Sheila L. Bridges) hattan on September 11, 2001, and have sub- Tuesday, December 4, 2001 sequently moved to another part of New York America, America, Young and shy, growing City. oh so high, yet not too high, but still Mr. BARTON of Texas. Mr. Speaker, in my standing! previous remarks on H.R. 2983, the Price-An- An increase in the state cap for tax exempt America, America, they hit You once, they private purpose bonds to $12.5 billion for derson Reauthorization Act of 2001, I stated hit You twice, but You are still stand- that $187 million had been paid out in re- projects in New York City. The first $7 billion ing! of the increased cap must be used in Lower America, America, they used their words of sponse to the accident at Three Mile Island. In Manhattan. anger, hate and pain and did not forget fact, approximately $70 million has been paid A limited liberalization of the ability of their sticks and stones, but You are out to date, and this amount is well within the issuers of tax exempt debt to advance refund still standing! plant’s primary insurance policy required by existing debt. New York City, the Port Author- America, America, some called and asked the Price-Anderson Act. You to fight, live, stay, finance and/or ity, the Metropolitan Transit Authority, the Mu- on their shores with one hand and they f nicipal Water Authority and nonprofit hospitals ordered, told You to get out with the would be able to advance refund bonds that other hand, but You are still standing! TRADE PROMOTION had previously been issued to advance refund America, America, help me please; so You bonds where the original bonds had bee re- called and ask American’s to stand and/or fight; each in their own way for HON. MICHAEL G. OXLEY deemed. OF OHIO A special provision to allow taxpayers who a better land and safer, brighter future, IN THE HOUSE OF REPRESENTATIVES lost property in Lower Manhattan as a result of but You are still standing! America, America, Red, White and Blue; Tuesday, December 4, 2001 the attacks to be able to expense the remain- They tore You, They burned You, They ing basis in the lost property carried over to spit on You, and They stepped on You Mr. OXLEY. Mr. Speaker, this week, the replacement property as the result of insur- too; but You are still standing! House is scheduled to vote on Trade Pro- ance payments where the replacement prop- America, America, the Young Little Eagle of motion Authority legislation. Granting the erty is located in New York City. the sky; put one wing on Her children President this authority once again is one of A one time $5,000 nonrefundable tax credit and Their other wing on Your children; the most important actions that we can take to for residents of Lower Manhattan (with no oh so quiet and shy, yet do not think, You can and will push Her around; be- strengthen the U.S. economy and promote more than $5,000 credit per residence). The cause through it all, not too bold and global prosperity. The attack on the World credit would be phased out for those residents not too high; She is still standing! Trade Center was a symbolic assault on the with incomes in excess of $150,000. America, America, they threaten to germ, free and open capital markets that underpin I urge my colleagues, both from New York gas and bomb You while They work to development throughout the world. By approv- and the remainder of the nation to join to- destroy You; but You are still stand- ing TPA, we can reaffirm our commitment to gether and help New York recover. ing! a free and open international global economy The nation will never be the same as it was America, America, ever great nation fell due that will lift living standards across the world. to internal problems, We have more before September 11. The relationship be- than our share, yet united We stand, I commend to your attention this Wall Street tween New York and the rest of the nation will divided We fall; but Thank GOD, Journal article of November 29 by the Chair- forever be altered by the attack on the World ABOVE, You are still Standing! man and Chief Executive Officer of Goldman Trade Center. We are bound together as America, America, let the world stand and Sachs, Henry Paulson, Jr., entitled ‘‘Congress never before. Together we will rebuild. think; Whom will They turn and/or run Should Put Trade on the Fast Track.’’

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A04DE8.029 pfrm04 PsN: E04PT1 December 4, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2199 CONGRESS SHOULD PUT TRADE ON THE FAST the specter of terrorism itself, but by the ships, is second in overall victories for Colo- TRACK slump that was deepending before the Sept. rado college volleyball coaches, and the team (By Henry M. Paulson, Jr.) 11. Worse, it is during periods of economic is ninth in overall state victories. His latest distress that pressure to revert to economic The House of Representatives will soon goal is for the sport of college volleyball is to vote on the question of granting the presi- nationalism and protectionism are the great- est. This is a recipe for disaster, and it must obtain similar national recognition that other dent Trade Promotion Authority, also popular sports enjoy in the country. known as fast-track approval. Some in Con- be resisted through bold and decisive action. gress have argued that now is not the time The two necessary actions are clear; a fis- Mr. Speaker, it is a great privilege to recog- to take up legislation that has encountered cal, consumer-oriented stimulus package and nize Rusty Crick and congratulate him on his such fierce protectionist opposition in recent TPA. Congress is well on its way to passing accomplishments. His dedication to Mesa years. But in the wake of the terrorist at- a stimulus package, and should take care to State and the sport of volleyball has brought tacks of Sept. 11 and the current economic keep it directed at consumers. Although great credit to himself, Mesa State, and the slowdown, it is all the more important that trade won’t provide the sort of immediate boost to the economy that a stimulus pack- community of Grand Junction. Keep up the Congress move quickly to approve this vital good work Rusty and we look forward to measure. age will, trade will have greater long-term This bipartisan action would inspire con- impact. watching the Mavericks in another winning fidence in global capital markets. It would While each of the previous five presidents season. allow America to be seen as continuing to has been granted this authority, it lapsed in f lead the open trade and globalization that 1994. During the seven years the U.S. has has been so vital to the prosperity of both been without this trade authority, other TRIBUTE TO ALAN BRAND: CEO OF developed and developing countries. And it countries have moved ahead without us. NARCO FREEDOM, INC. would send a powerful message that the Since 1990, the European Union completed president and Congress speak with one voice, negotiations on 20 free trade agreements, ´ and are committed to advancing freer trade and is currently negotiating 15 more. Mexico HON. JOSE E. SERRANO as part of the war on terror. Indeed, approval now has eight agreements with 32 countries. OF NEW YORK of TPA would signal that the U.S. is not only Today out of 130 preferential trade agree- IN THE HOUSE OF REPRESENTATIVES seeking a military coalition, but an eco- ments and investment agreements in the Tuesday, December 4, 2001 nomic one. world, the U.S. is a party to only three. The benefits of trade hardly need illu- This means our exporters encounter higher Mr. SERRANO. Mr. Speaker, I rise today to minating. America’s exports accounted for tariffs—if not closed markets—in other coun- pay tribute to Narco Freedom, Inc. and to its approximately one-third of our extraor- tries. Our own consumers face higher prices Chief Executive Officer, Mr. Alan Brand, an in- dinary economic growth over the past dec- and fewer choices. And the U.S. sits on the novative leader and steadfast humanitarian. ade, and exports now support over 12 million sidelines as the rules of the game are set on Narco Freedom, Inc. is a Bronx-based organi- American jobs (nearly three million more everything from e-commerce to agriculture. than a decade ago). Jobs supported by ex- Passing TPA is the first, all-important zation that for 30 years has provided New ports typically pay 13% to 18% more than step to restoring U.S. leadership. It will Yorkers with a network of first-rate drug treat- comparable employment. allow us to move quickly on several fronts. ment and health related services. I am hon- Trade brings real economic benefits to the We can complete negotiations for free trade ored to acknowledge them on their 30th anni- U.S. The North American Free Trade Agree- agreements with Chile and Singapore, build versary. ment, and the completion of the previous vital support for the proposed Free Trade As CEO of Narco Freedom, Inc., Alan Brand round of trade negotiations (the Uruguay Area of the Americas and, most important, developed a revolutionary comprehensive con- Round), now generate annual income gains lead a drive for a new round of global trade of $1,300 to $2,000 for the average American negotiations. tinuum of care that supports the recovery of family of four. Trade is also fundamental to The stakes are enormous and there has thousands of drug addicts. Programs devel- economic growth in the developing world. A never been a time in our recent history when oped and reared under Mr. Brand’s leadership recent World Bank study shows that nations American leadership has been needed more. not only aid recovery from drug addictions, but open to trade grow 3.5 times faster than na- TPA can be a key part of that leadership, foster successful daily living skills, social skills, tions closed to trade. The recent experience building confidence in the global market- and mental health. Once an individual has of countries such as South Korea, China and place by clearly signaling that the process of overcome an addiction with the help of Narco Chile underscore that trade is a pathway to globalization will continue with renewed Freedom, Inc., he or she will receive contin- prosperity. vigor. It will enhance our economic position Trade is a two-way street, and imports also in the world and strengthen our national se- ued support through after-addiction treatment benefit the U.S. They provide consumers curity. The time for Congress to act is now. in order to gain or regain a higher quality of with more choices and lower prices on a wide life. These addicts’ families also receive sup- variety of goods. Imports also force our in- f port from Narco Freedom’s extensive pro- dustries to constantly improve and innovate PAYING TRIBUTE TO RUSTY CRICK grams because often they too must rebuild in order to remain competitive with foreign their lives during and after recovery. Mr. exporters. Brand’s dedication to the advancement of sub- I confess to being a bit mystified by all of HON. SCOTT McINNIS stance abuse treatment and to providing the controversy about extending such a com- OF COLORADO health services to other groups in great need mon-sense power to the president. TPA sim- IN THE HOUSE OF REPRESENTATIVES ply says that when the executive branch led him to spearhead the only HIV Social completes negotiations on a trade agreement Tuesday, December 4, 2001 Needs managed care plan in New York State. and submits it to Congress for approval, that Mr. MCINNIS. Mr. Speaker, I would like to Mr. Brand has developed a variety of treat- Congress cannot amend the agreement. It take this opportunity to congratulate Rusty ment plans that are geared towards specific must simply vote yes or no. groups of individuals. Some aid women and This is standard procedure in other types Crick for his outstanding accomplishments at of negotiations. Union negotiators don’t Mesa State College in Grand Junction, CO— their children, while others focus on people reach agreements with management and a prestigious college in my District. Rusty has who are suffering from HIV or AIDS in con- then allow all their members to amend and recently reached the impressive total of five junction with a drug abuse problem. His fore- debate. And as I know from 27 years in in- hundred wins as the head volleyball team sight and determination allow him to set new vestment banking, mergers and acquisitions coach. He has coached the Mavericks for over standards when devising treatment plans. would never be consummated if, once nego- twenty years and his accomplishment is testi- For three decades, Narco Freedom, Inc. has tiated, rather than being sent to a corporate mony to his fine coaching abilities. helped people get off and stay off drugs and board of directors for approval, they were Rusty began playing volleyball while serving supported recovering addicts and their families sent to be restructured. The most obvious aspect of the war on ter- in the Air Force. After playing for several with a network of programs dealing with var- ror is clearly military action. But we can’t years, he moved on to coaching the base’s ious mental and physical health issues. The forget the economic component, and pri- men’s and women’s teams. In 1976, Rusty majority of Narco Freedom’s clients have two marily the gains we reap from globalization. moved to Grand Junction, Colorado where he major strikes against them; they are addicted Let’s not forget that it continues to be those was stationed as an Air force recruiter. It was to drugs and they are poor. People with the fi- countries most closed to trade that are then that Rusty began coaching the Mesa nancial means to undergo the best drug treat- prime breeding grounds for terrorists. More- State women’s volleyball team. In 1982, he ment programs are often treated with more over, to truly wage and win this war, our po- litical unity and military power must be for- was promoted to the coveted head coach po- sympathy than poor addicts who society tends tified by the strength of our economies. sition, a title he has held since that time. to view as ‘‘hopeless.’’ Narco Freedom has Those economies are increasingly at risk. His accomplishments as coach are impres- hope for these individuals and instills hope in Global prosperity is threatened not only by sive. He has amassed eight RMAC champion- them via intense programs. Many of these

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.034 pfrm04 PsN: E04PT1 E2200 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2001 programs were engineered or strengthened by police I have received in the nearly six tacts. Thus far—other than your letter—I the efforts of Mr. Alan Brand. However, the months I have been chief of police here. have had no cause for concern. devotion and expertise of Narco Freedom’s From the portions of the Robert Mangino However, prior to your letter, we had al- and Dan Ryan shows on WKBN-AM Radio 570 ready undertaken some proactive steps to superb staff, make the great work that they do I heard, or that were relayed to me by oth- further ensure that discriminatory conduct possible. A great deal of patience and an ers, there did not seem to be any widespread is neither practiced nor condoned by acute understanding of effective drug treat- perception among the callers that African- Boardman police. In March of this year, ment have made this team so successful. Americans were particularly subject to un- every Boardman police officer was required I ask my colleagues to join me today in hon- fair treatment by my officers. Nor have I re- to watch a 16-minute training video jointly oring Narco Freedom, Inc. for 30 years of out- ceived any complaints from citizens since produced by the OACP, the Buckeye Sheriffs standing service and its CEO, Mr. Alan Brand, these programs aired, nor have I been con- Association, and the Ohio State Highway Pa- for expertly guiding this great organization to tacted by any other members of the media or trol, to reinforce the unacceptability of ra- by any community organizations on this cial profiling. We have also been reviewing even more success. I would also like to thank issue. and revising our policies to explicitly pro- the entire Narco Freedom team for saving and Since receiving your letter, I have checked hibit discriminatory profiling of any kind. improving so many lives. some of the more readily accessible statis- Among the draft provisions are the following f tics for indications of disproportionate rep- policy statements: resentation of African-Americans among Racial or bias-based profiling of any kind RACIAL PROFILING those cited by Boardman police for traffic is totally unacceptable and will not be con- violations. While I am aware that the data doned. The department will utilize various on citations issued does not represent all management tools to ensure that racial or HON. JAMES A. TRAFICANT, JR. those persons who have been stopped by offi- other prejudice is not used by officers in de- OF OHIO cers but not cited, nonetheless I believe the ciding whether to take official action. IN THE HOUSE OF REPRESENTATIVES proportional representation is relevant to Officers are expected to enforce the traffic the issue. Last year, more than three-quar- Tuesday, December 4, 2001 laws when violations are observed, and to ters (77 percent) of those cited were white, stop and detain motorists or pedestrians Mr. TRAFICANT. Mr. Speaker, on Tuesday, and less than one-quarter (23 percent) were when there is reasonable suspicion that they June 6, I inserted the letter of Gerald Beulah, African-American. To place those numbers have committed, are committing, or are Jr., to the Boardman Police Department. This in context, I refer you to the most recent about to commit a criminal act. Census data, which shows that Mahoning Officers are prohibited from stopping, de- letter regarded ‘‘racial profiling’’ by the County as a whole is about 16 percent Afri- Boardman Police Department. taining, searching, or arresting anyone on can-American, and the city of Youngstown- the basis of discriminatory profiling. This Today I would like to insert the response to our nearest and largest neighboring commu- policy does not prohibit officers from stop- Mr. Beulah’s letter by the Boardman Police nity—is about 44 percent African-American. ping or detaining individuals who reasonably Department. I have used those figures rather than the match the description of a specific suspect in HOUSE OF REPRESENTATIVES, Census data for Boardman Township (2.4 per- connection with a specific crime, when race, Washington, DC, June 14, 2001. cent African-American) because I believe gender, ethnic origin, or age are among the Mr. JEFFREY L. PATTERSON, they more closely represent the demo- identifying attributes in the suspect’s de- Chief of Police, Boardman Township Police De- graphics of those who travel our streets and scription. partment, Youngstown, OH. highways, due to the presence of several I am sorry your contacts with Boardman DEAR MR. PATTERSON: Thank you for your heavily-utilized routes as well as the high- police have not all been positive ones, but I response to Mr. Gerald Beulah regarding his density retail and commercial development am pleased you have had positive experi- racial profiling case. I received a copy of within our jurisdiction. ences as well. I sincerely hope I have ade- your response, and it will be submitted into However, I don’t dispute that the percep- quately addressed your overall concerns. If the Congressional Record. tion of ‘‘racial profiling’’ exists within both you would like an investigation into any spe- Please understand that this problem will the minority community and society at cific incident, please don’t hesitate to con- not be resolved simply by submitting your large, not only here in Boardman and the tact me for an appointment. By law, such in- response into the Record. The fact still re- Mahoning Valley, but throughout the U.S. vestigations must be handled through the mains that Mr. Beulah was pulled over a And this perception has been given credence proper procedures, and are not made public total of four times, and was never issued a from anecdotal evidence in reports of sys- until they are concluded. citation. As former Sheriff of Mahoning tematic race-based enforcement by the New As Mr. Mangino read your letter aloud on County, I am very well aware of the percep- Jersey State Police, among others, although his Friday program, and Congressman Trafi- tions that the public has about officers of valid statistical data on the problem has cant has taken it for inclusion in the Con- the law. I am also aware of the fact that ra- proven difficult to gather and analyze. We, gressional Record and distribution to other cial profiling does, in fact, exist in many cit- as law enforcement professionals, are truly law enforcement agencies in the 17th Con- ies across the country. However, as Sheriff, I troubled by both the perception and—to the gressional District, I have taken the liberty always demanded that my officers convey extent it exists—the practice of racial of sharing a copy of this response with them. professionalism and respect to all the citi- profiling. In response, both the International Sincerely, zens of the Mahoning Valley, and as the Rep- Association of Chiefs of Police (IACP) and JEFFREY L. PATTERSON, resentative of the 17th Congressional Dis- the Ohio Association of Chiefs of Police Chief of Police. (OACP), as well as chiefs’ and sheriffs’ orga- trict, I am demanding the same of you and f your officers. Anything less is unacceptable nizations in other states, have developed and will not be tolerated. model policies and training curricula to ad- PAYING TRIBUTE TO JOAN dress the issue. State legislatures have pro- Again, thank you for your letter, and I SINDLER hope that you will continue to look into Mr. posed or adopted laws requiring policies and Beulah’s case so that the same incident does data collection, and the U.S. Department of not occur again. Should you have any ques- Justice has taken action against not only HON. SCOTT McINNIS tions or concerns, please do not hesitate to the Los Angeles Police Department, but also, OF COLORADO contact my office. in our area, Pittsburgh and Steubenville po- IN THE HOUSE OF REPRESENTATIVES Sincerely, lice. I assure you, as Boardman’s police chief, I Tuesday, December 4, 2001 JAMES A. TRAFICANT, JR., have been—and will continue to be-alert for Member of Congress. Mr. MCINNIS. Mr. Speaker I would like to any indications of discriminatory practices take this opportunity to recognize Joan Sindler by my organization or any of its members. I and thank her for her dedication to our edu- BOARDMAN TOWNSHIP believe I have an experienced, educated, and POLICE DEPARTMENT, enlightened management staff, and a corps cational system. She has contributed much of Boardman, OH, June 4, 2001. of intelligent, well-trained, and highly moti- her time and effort to the Skyline Elementary Mr. GERALD BEULAH, Jr., vated police officers, all of them profes- Parent Teacher Organization as well as to Youngstown, OH. sionals dedicated to serving their commu- other educational programs. She was recently DEAR MR. BEULAH: I received your letter nity. Nonetheless, I routinely monitor sta- named the Parent of the Year by the Coloado last Tuesday afternoon and immediately ini- tistical data, read arrest reports, review offi- Association of Gifted and Talented and her ef- tiated an inquiry into the issues you raised. cial transactions of all kinds, and pay atten- forts certainly deserve the praise and admira- I am writing to advise you of my preliminary tion to informal conversations and offhand findings and to invite you to meet with me remarks for indicators of discriminatory tion of this body. or my staff to discuss your concerns in conduct. I also receive frequent feedback In addition to serving on the PTO, Joan has greater detail. from the public on the performance of my also been a member of the Accountability First, let me say that yours is the only al- agency and individual officers through cor- committee and the School Improvement com- legation of ‘‘racial profiling’’ by Boardman respondence, phone calls, and personal con- mittee. Perhaps the majority of her time is

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.036 pfrm04 PsN: E04PT1 December 4, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2201 consumed by contributing a great deal of effort elors degree in education from Georgia leadership in the Committee on Ways and to the Colorado Gifted and Talented Enrich- Teachers College in 1935 and a masters from Means. ment (GATE) program in Canon City. As a the University of Georgia in 1950. Throughout I participated last April, along with five other member of GATE, Joan is involved in attend- his career, he has served as headmaster at Members, in a Congressional fact-finding trip ing monthly meetings and assists with district four Georgia high schools; they include to Botswana led by the gentleman from New events and special projects that ensure the Reidsville High School, Folkston High School, Jersey (Mr. PAYNE) and the gentleman from continuing operation of the program. North Habersham High School, and Metter Louisiana (Mr. JEFFERSON). Those who ac- Mr. Speaker, it is a great privilege to honor High School. In addition he served as presi- companied us on that particular delegation trip Joan Sindler and recognize her contributions dent of the District High School Principal’s As- also included the gentlewoman from Indiana to the educational system. Through people like sociation. Through his life as an educator, (Ms. CARSON) and the gentlewoman from Joan, children can rely on a quality education Chester has been able to expose young peo- Texas (Ms. JACKSON-LEE). that focuses on their special needs and de- ple to the benefits of a strong system of val- Today, I rise in support of this legislation to sires to excel in their education. Joan’s dedi- ues and a well-rounded life. He continues to see how we can indeed rule out the conflict cation has brought great credit to herself, her maintain daily interactions with the students diamonds, the trade system that finances con- family and her community and I would like to from Georgia Southern University. flict, and the great devastation that is currently congratulate her for being named Parent of Mr. Williams was also a Lieutenant in the happening throughout regions of Africa. As the Year. US Naval Reserve, seeing active duty in the part of our trip to Botswana, we examined f Atlantic and Pacific War theaters. During this first-hand the ‘‘secure’’ diamond industry in Af- time he was a recognition and gunnery officer rica and saw in this process how legitimate PARMA HEIGHTS CHRISTIAN on the USS General W.G. Hann. Williams was diamonds are being used in Botswana and ACADEMY a four-sport athlete and letterman at South other countries in that area. I was pleased to Georgia Teacher’s College, which is now learn that Botswana, through a combination of HON. DENNIS J. KUCINICH Georgia Southern University. He is best know democratic leadership and its seamless and OF OHIO for earning all conference honors as a basket- secure diamond industry, is able to utilize IN THE HOUSE OF REPRESENTATIVES ball guard in 1931 and 1932. He was also a clean diamonds to educate its people, to pro- Tuesday, December 4, 2001 member of the track team for three years, vide some of the African continent’s strongest efforts in the fight against HIV-AIDS pandemic, Mr. KUCINICH. Mr. Speaker, I rise today to competing in the vault, high jump, and high and to undergird the country’s overall eco- honor Parma Heights Christian Academy, hurdle events. In 1991 Mr. Williams was in- nomic and social development. which has been named a 2000-2001 Blue Rib- ducted into the Georgia Southern University In Botswana, we met with President Mogae bon School of Excellence by the U.S. Depart- Sports Hall of Fame. and members of his Cabinet. Since then, ment of Education. Mr. Williams served as Speaker of the President Mogae has come to this country be- Parma Heights Christian Academy is the House in the Georgia Silver Haired Legislature cause he, too, wants a distinction to be made only private Christian school in the nation to from 1978 to 1981 and four years as a Small between clean diamonds and conflict dia- receive the Blue Ribbon School of Excellence Claims Court magistrate judge. He and his monds. During his visit, President Mogae met Award this year. In all, only 264 schools in the wife currently reside in Statesboro, Georgia with Congressional leaders in the House and country earned this prestigious award this where he continues to serve on the city’s zon- Senate, Secretary Powell, and members of the year. Blue Ribbon Schools are considered to ing board. He is also a charter member of the Administration to express Botswana’s commit- be models of both excellence and equity Snooky’s Restaurant Political Action Com- ment to keeping its diamond industry secure where educational excellence for all students mittee. Snooky’s is Mr. Williams favorite place and its strong support for an international is a high priority. Parma Heights Christian to eat breakfast, which is evidenced by the agreement on diamond certification through Academy had to demonstrate its effectiveness fact that he eats their sausage biscuit and the Kimberley process. President Mogae has in meeting local, state and national edu- grits every morning he is in Statesboro. He been part of the U.N., writing part of their res- cational goals and had to successfully com- has his own special table in the restaurant. olution, and has made a statement to that ef- plete a rigorous application process. Blue Rib- Friends come by every morning to tell him fect that Botswana wants to be part of a clean bon Schools must offer instructional programs hello and receive one of his world famous diamond industry, and wants to be part of the that meet the highest academic standards, hugs. Snooky’s is located directly across the force that makes this distinction. have supportive and learning-centered school street from Georgia Southern University and I am pleased that this legislation is indeed environments, and demonstrate student out- was the location of Mr. Williams 90th birthday focused on ending diamonds’ financing of con- come results that are significantly above aver- party today. flicts in Africa and other parts of the world. It age. Certainly, Mr. Chester Williams has been a is vitally important, Mr. Speaker, for well-inten- Parma Heights Christian Academy is an out- wonderful leader and role model to the many tioned legislation, such as H.R. 2722, to rec- standing school that is well deserving of this individuals he has touched throughout his life. ognize and safeguard African nations, such as national recognition. Its academic programs He has demonstrated the enduring principles Botswana, which have secure and legitimate and environment will serve as a model for of education, health, patriotism, service, and diamond industries, and which have no rela- schools across the country. My fellow col- leadership. It is my honor to commend the tionship to atrocities and conflicts in other na- leagues, please Join me In congratulating the outstanding life of model citizen Chester Wil- tions on this continent. students, teachers and administration of liams and thank him for all that he has done I raise this point because it is important, Mr. Parma Heights Christian Academy for their for the State of Georgia. Speaker. It is for this reason that through the commitment to excellence. f leadership of Congressmen JEFFERSON, f CLEAN DIAMOND TRADE ACT PAYNE, and RANGEL, we have worked with the HONORING MR. CHESTER WIL- distinguished author of H.R. 2722, Mr. HOUGH- SPEECH OF LIAMS OF STATESBORO UPON TON, to insert specific language recognizing HIS 90TH BIRTHDAY HON. EVA M. CLAYTON that the provisions of this bill should not harm OF NORTH CAROLINA legitimate diamond-producing countries. The good intention of this legislation also HON. JACK KINGSTON IN THE HOUSE OF REPRESENTATIVES acknowledges those people who are following OF GEORGIA Tuesday, November 27, 2001 the law, and indeed, trying to do the right IN THE HOUSE OF REPRESENTATIVES Mrs. CLAYTON. Mr. Speaker, I am pleased thing. Tuesday, December 4, 2001 to rise in support of H.R. 2722. This is good Again, I want to compliment everyone in- Mr. KINGSTON. Mr. Speaker, I am pleased legislation whose time is long past due. volved in this legislation. This legislation is to honor Mr. Chester Williams of Statesboro, I want to recognize the leadership of the long overdue and has been brought to bear at GA on the occasion of his 90th birthday. gentleman from Ohio (Mr. HALL) and that of a time when we know that not only the conflict Chester has truly led a remarkable life, and I the gentleman from Virginia (Mr. WOLF), and in Africa but now conflict in other parts of the am proud to be able to celebrate his accom- also to compliment the gentleman from New world is being financed by diamonds. So plishments with you today. York (Mr. HOUGHTON) for his leadership in the hopefully this legislation would not only curtail, Chester Williams was born on December Committee on Ways and Means, and the gen- as the gentleman from Virginia (Mr. WOLF) 4th, 1911 in Stapleton, GA. He earned a bach- tleman from California (Mr. MATSUI) for his said, the loss of lives, the lives of thousands

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K04DE8.002 pfrm04 PsN: E04PT1 E2202 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2001 of persons, not only killing them but killing in tragic events of September 11th, Nazarbayev LET PRIVATEERS TROLL FOR BIN other parts of the country. I want to thank all promised to ‘‘support action against terrorism LADEN the persons involved in this, and I urge my by all available means.’’ He made it clear to a colleagues to pass this legislation that we all reporter that this support would include military HON. RON PAUL should be proud of. bases and the use of Kazakhstan’s air space. OF TEXAS f IN THE HOUSE OF REPRESENTATIVES Yet, Russia’s ITAR–TASS news agency re- CONFERENCE REPORT ON H.R. 2299, ported that Kazakhstan’s Minister of Defense, Tuesday, December 4, 2001 DEPARTMENT OF TRANSPOR- Sap Topakbayev, stated on November 8 that Mr. PAUL. Mr. Speaker, I recommend my TATION AND RELATED AGEN- Kazakhstan was not planning to set up any colleagues read the attached article ‘‘Let Pri- CIES APPROPRIATIONS ACT, 2002 airfields for the U.S. Air Force on its territory. vateers Troll for Bin Laden’’ by Larry Sechrest, ITAR–TASS went on to quote Topakbayev as a research fellow at the Independent Institute SPEECH OF in Oakland, California, and a professor of eco- saying that ‘‘after the tragic events in the ´ nomics at Sul Ross State University. Professor HON. JOSE SERRANO United States, any contact with the Americans Sechrest documents the role privateers played OF NEW YORK raises many questions.’’ If Mr. Nazarbayev is IN THE HOUSE OF REPRESENTATIVES in the war against pirates who plagued Amer- to be granted meetings at the White House, ica in the early days of the Republic. These Friday, November 30, 2001 he should at the very least be pressed to pro- privateers often operated with letters of Mr. SERRANO Mr. Speaker, I rise in strong vide an unambiguous commitment to support marque and reprisal granted by the United support of the conference report to accom- the war on terrorism. States Congress. pany H.R. 2299, a bill making appropriations In addition, Moscow’s Centre TV on Feb- Professor Sechrest points out that privateers could be an effective tool in the war against for the Department of Transportation and re- ruary 17, 2001, accused the Nazarbayev re- lated federal agencies for fiscal year 2002. terrorism. Today’s terrorists have much in gime of illegally selling weapons to ‘‘criminal At the outset, I want to thank our Chairman, common with the pirates of days gone by. Like regimes.’’ Centre TV reported that among the the gentleman from Kentucky, (Mr. ROGERS) the pirates of old, today’s terrorists are private and our Ranking Democrat, the gentleman sales were the advanced Russian-made S– groups seeking to attack the United States from Minnesota (Mr. SABO) for bringing to the 300 air defense system and heavy tanks. Al- government and threaten the lives, liberty, and Floor a good conference report. though Centre TV did not name the countries property of United States citizens. The only This legislation provides almost $59.6 billion receiving arms from Kazakhstan, Britain’s difference is that while pirates sought financial for the Transportation Department and related Guardian reported on August 14, 2001 that gains, terrorists seek to advance ideological agencies. Significant expenditures include the S–300’s may have ended up in Sudan. In and political agendas through violence. $32.9 billion for the Federal Highway Adminis- any event, the United States has had many Like the pirates who once terrorized the tration; $13 billion for the Federal Aviation Ad- run-ins with the Nazarbayev regime over arms high seas, terrorists today are also difficult to apprehend using traditional military means. ministration; $6.7 billion for the Federal Transit sales. Early last year, for example, Administration; and $5 billion for the Coast We have seen that bombs and missiles can Kazakhstan sold forty MIG fighters to North Guard. effectively and efficiently knock out the military This year’s bill also includes $750,000 for Korea. And on June 4, 1997, the Washington capability, economy and technological infra- one of my priorities, which is the eventual con- Times reported that the U.S. had protested structure of an enemy nation that harbors ter- struction of a continuous greenway along the plans by Kazakhstan to sell advanced air de- rorists. However, recent events also seem to entire 23 miles of the Bronx River. It also in- fense missiles to Iran. So there is a disturbing suggest that traditional military force is not as cludes $2 million for the Second Avenue Sub- pattern of arms sales to rogue states and no effective in bringing lawless terrorists to jus- way. I also would like to thank the Chairman known commitment by Nazarbayev to end tice. and Ranking Member for reinstating the $20 them. He needs to make such a commitment, When a terrorist stronghold has been de- million for the Pennsylvania Station Redevel- and now! stroyed by military power, terrorists simply opment Project. This money will be used to re- may move to another base before military develop Pennsylvania Station, which involves Finally, It has come to my attention that on forces locate them. It is for these reasons that renovating the James Farley Post Office build- September 14, 2001 the Swiss Federal De- I believe the drafters of the Constitution would ing into a train station and commercial center. partment of Justice made available to the U.S. counsel in favor of issuing letters of marque Being a regular rider of Amtrak, I am glad Department of Justice the findings of a lengthy and reprisal against the terrorists responsible that the conferees provided the requested investigation of corruption involving President for the September 11 attacks. funding level. Amtrak is an important system Nursultan Nazarbayev of Kazakhstan, a Secretary of Defense Rumsfeld recently ac- of transportation for the Bronx and New York former director of Mobil Oil, Mr. J. Bryan Wil- knowledged the role that private parties, when City, especially after the horrendous events of liams, and a senior official of the Geneva- provided sufficient incentives by government, can play in bringing terrorists to justice. Now September 11. based bank Credit Agricole Indosuez. Accord- is the time for Congress to ensure President Finally, Mr. Speaker I am pleased that the ing to Swiss press reports, the Swiss inves- conferees were able to work out a resolution Bush can take advantage of every effective tigation into money laundering and other cor- regarding trucks from Mexico coming to this and constitutional means of fighting the war on country in a manner that seems to satisfy all rupt activities has established the existence of terrorism. This is why I have introduced the Air sides. a bribery chain set up in the 1990’s by James Piracy Reprisal and Capture Act of 2001 (HR Mr. Speaker, I urge my colleagues to sup- Giffen, a U.S. businessman who reportedly 3074) and the September 11 Marque and Re- port the conference report. acted as a mediator between several oil com- prisal Act of 2001 (HR 3076). The Air Piracy f panies and officials of the government of Reprisal and Capture Act of 2001 updates the Kazakhstan, including President Nazarbayev. federal definition of ‘‘piracy’’ to include acts KAZAKHSTAN’S DICTATOR MUST The U.S. Department of Justice has been in- committed in the skies. The September 11 CLEAN UP HIS ACT vestigating Giffen’s activities since last year. Marque and Reprisal Act of 2001 provides Congressional authorization for the President HON. ILEANA ROS-LEHTINEN I would thus urge President Bush not to to issue letters of marque and reprisal to ap- host someone whose regime has been con- OF FLORIDA propriate parties to seize the person and prop- IN THE HOUSE OF REPRESENTATIVES demned by leading human rights organiza- erty of Osama bin Laden and any other indi- tions, has trafficked in arms with rogue states, viduals responsible for the terrorist attacks of Tuesday, December 4, 2001 has been ambiguous in its support of the war September 11. I encourage my colleagues to Ms. ROS-LEHTINEN. Mr. Speaker, I under- on terrorism, and is under investigation by read Professor Sechrest’s article on the effec- stand that the corrupt and repressive dictator both Swiss and U.S. law enforcement agen- tiveness of privateers, and to help ensure of Kazakhstan, Nursultan Nzarbayev, plans to cies. Further, a priority objective of U.S. policy President Bush can take advantage of every visit Washington early next year in search of available tool to capture and punish terrorists should be to insist that Mr. Nazarbayev clean U.S. approval and a dampening of the Admin- by cosponsoring my Air Piracy Reprisal and up his act. istration’s criticism of the Nazarbayev regime’s Capture Act and the September 11 Marque deplorable human rights record. Following the and Reprisal Act.

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A04DE8.044 pfrm04 PsN: E04PT1 December 4, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2203 LET PRIVATEERS TROLL FOR BIN LADEN In sum, the armed forces of the U.S. gov- as borough president in 1987 with an over- (by Larry J. Sechrest) ernment are not the only option for Presi- whelming 87 percent of the public vote. To il- dent Bush to defeat bin Laden, his al Qaeda In the wake of the Sept. 11th attacks, a lustrate Freddy’s outstanding leadership and network, and ‘‘every terrorist group with a group of American businessmen has decided global reach.’’ The U.S. military is not nec- how much Bronxites trust him, ten years and to enlist the profit motive to bring the per- essarily even the best option. three terms later, he was reelected yet again petrators to justice. Headed by Edward Lozzi Let’s bring back the spirit of the pri- with 87 percent of the public vote. of Beverly Hills, California, the group in- vateers. By letting profits and justice once Mr. Speaker, it has been a pleasure to work tends to offer a bounty of $1 billion—that’s more go hand-in-hand, victims and their billion with a ‘‘b’’—to any private citizens with Freddy Ferrer throughout the years to champions can have an abundance of both, who will capture Osama bin Laden and his continue and intensify the restoration of the rather than a paucity of either. associates, dead or alive. Bronx. From the moment he took office, Paying private citizens to achieve military f Freddy began implementing a new, higher set objectives seems novel but is hardly untried. of standards by which to run the borough. Recall Ross Perot’s successful use of private IN REMEMBRANCE OF NANCY These changes, such as his strict code of eth- forces to retrieve his employees from the FORD ics for his staff, have made it easier to make clutches of fundamentalist Muslims in Iran necessary changes throughout the Bronx. in 1979. We are all familiar with bail bondsmen, HON. JIM DAVIS Among Freddy’s long list of accomplish- who employ bounty hunters to catch bail- OF FLORIDA ments, he led the Bronx to winning the pres- jumping fugitives. Less familiar are two U.S. IN THE HOUSE OF REPRESENTATIVES tigious National Civic League’s All-American City Award in 1997 and the Crown Community companies, Military Professional Resources Tuesday, December 4, 2001 Inc. and Vinnell Corporation, which provide Award presented by American City and Coun- military services to governments and other Mr. DAVIS of Florida. Mr. Speaker, I rise in ty magazine in 1999. The New York State De- organizations worldwide. remembrance of Nancy Ford, a Tampa busi- partment of Health statistics show that be- Historically, private citizens arming pri- nesswoman whose legacy in promoting wom- tween 1995 and 1999, 4,110 fewer individuals vate ships, appropriately called ‘‘pri- en’s rights, supporting the arts and bringing vateers,’’ played an important role in the were unemployed. During that period, the American Revolution. Eight hundred pri- our Tampa Bay community together will not number of AIDS cases in the Bronx dropped vateers aided the seceding colonists’ cause, soon be forgotten by the countless friends, by nearly 50%, and homicides decreased by while the British employed 700, despite hav- family and admirers she has left behind. roughly 23 percent. Since 1990, the Bronx has ing a huge government navy. Nancy’s contributions to Tampa Bay women received 2.5 billion dollars worth of new con- During the War of 1812, 526 American ves- are immeasurable. After breaking through the struction. From new businesses to new hous- sels were commissioned as privateers. This glass ceiling herself, Nancy helped pave the ing developments, Bronx residents have been was not piracy, because the privateers were way for other women. She helped start the able to witness their community grow before licensed by their own governments and the Tower Club, Tampa’s first private business ships were bonded to ensure that their cap- their very eyes. Freddy orchestrated the na- tains followed the accepted laws of the sea, group to admit women, and she founded the tion’s most comprehensive housing revival including the humane treatment of those Athena Society and the Florida Women’s Net- when nearly 64,000 new and rehabilitated who were taken prisoner. Congress granted work-professional women’s networking and residences became available in the Bronx. privateers ‘‘letters of marque and reprisal,’’ leadership organizations. This surge of structural progress and the re- under the authority of Article I, Section 8 of Nancy’s accomplishments do not end there. surgence of local businesses have been piv- the U.S. Constitution. As Chairwoman of the Florida Gulf Sym- otal in rejuvenating the spirit of the Bronx. Originally, privateering was a method of phony’s board of directors, member of the Arts Along with the legendary Yankee Stadium, restitution for merchants or shipowners who Council of Hillsborough County and head of had been wronged by a citizen of a foreign which Freddy and myself strove to keep in the country. Privateers captured the ships flying the committee that negotiated a merger of the Bronx, our borough president has become an the flag of the wrongdoers’ nation and sailed Tampa Philharmonic and the St. Petersburg undeniable part of Bronx history. them to a friendly port, where a neutral ad- Symphony, Nancy Ford played a pivotal role Mr. Speaker, Freddy’s roots are in the miralty court decided whether the seizure in shaping the development of Tampa’s art so- Bronx and he has not strayed from the bor- was just. Wrongful seizures resulted in the ciety. ough. He was born there, attended primary forfeiture of the privateers’ bond to the own- Nancy’s devotion to her causes has left an and secondary school there, and attended the ers of the seized ship. indelible mark on Tampa Bay. Through her New York University at its Bronx campus. He If the seizure was, just, the ship and cargo countless volunteer hours for local charities, were sold at auction, with the bulk of the and his distinguished wife, Aramina, raised proceeds going to the privateer’s owners and her work with University of South Florida’s their daughter, Carlina, in the Bronx as well. crew. The crews were volunteers who shared Medical Center and her role as co-founder of This fall, Freddy ran for New York City mayor, in the profits, and the investors viewed the the Children’s Cancer Center, Nancy made a and in doing so, brought a new vision for all venture as remunerative—albeit risky, difference in our community. Nancy Ford’s vi- of our communities. Freddy’s entire campaign, Privateering soon evolved into a potent sion and wisdom inspire us not just to do especially when he eloquently expressed his means of warfare. Self-interest encouraged great things but also to develop lasting institu- visions for the city in debates and speeches, privateers to capture as many enemy ships tions that will carry on her ideas and work for made us all very proud. as possible, and to do it quickly. Were pri- generations to come. vateers successful in inflicting serious losses I ask my colleagues to join me in honoring on the enemy? Emphatically, yes. Between On behalf of the people of Tampa Bay, I Mr. Fernando Ferrer for over 20 years of re- 1793 and 1797, the British lost 2,266 vessels, would like to extend my heartfelt sympathies markable and innovative service to the people the majority taken by French privateers. to Nancy’s family. of the Bronx. During the War of the League of Augsburg f f (1689–1697) French privateers captured 3,384 English or Dutch merchant ships and 162 TRIBUTE TO FERNANDO FERRER H.R. 3280, TO LOWER THE TIME OF warships, and during the War of 1812, 1,750 CONTINUOUS ACTIVE DUTY RE- British ships were subdued or destroyed by HON. JOSE´ E. SERRANO QUIRED TO RECEIVE LEVEL I American privateers. Those American pri- BASIC ALLOWANCE OF HOUSING vateers struck so much fear in Britain that OF NEW YORK Lloyd’s of London ceased offering maritime IN THE HOUSE OF REPRESENTATIVES insurance except at ruinously high pre- Tuesday, December 4, 2001 HON. PATSY T. MINK miums. No wonder Thomas Jefferson said, OF HAWAII ‘‘Every possible encouragement should be Mr. SERRANO. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES given to privateering in time of war.’’ pay tribute to a great leader and political fig- If privateering was so successful, why has ure. Bronx Borough President Fernando Ferrer Tuesday, December 4, 2001 it disappeared? Precisely because it worked has dedicated his life to serving the commu- Mrs. MINK of Hawaii. Mr. Speaker, over so well. Government naval officers resented nity and has been recognized nationally for re- 57,000 members of the Reserves and National the competitive advantage privateers pos- sessed, and powerful nations with large gov- vitalizing the Bronx. Guard have been called to active duty. Each ernment navies did not want to be chal- I have known Mr. Ferrer, or Freddy as I week the military calls up more soldiers to lenged on the seas by smaller nations that know him, for 30 years and have been con- help in our struggle against terrorism. They opted for the less-costly alternative—private tinuously impressed by his vigor and political leave their civilian jobs and families to help ships of war. expertise. Freddy was elected to his first term defend our country.

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.048 pfrm04 PsN: E04PT1 E2204 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2001 From the day they begin their active duty, nity has benefitted from having a tenacious, our area. I am honored to call him a con- members of the National Guard and Reserves committed and vocal advocate with represen- stituent. must deal with the difficult challenge of paying tation at all levels of government from L.A. f their bills and extra living expenses while serv- City Hall to Capitol Hill. ing their country. Cathy Maguire has led two delegations of HOMELAND EMERGENCY RE- To help ease this burden, soldiers placed on business leaders to our nation’s capitol to SPONSE OPERATIONS (HERO) active duty are entitled to a Basic Allowance meet with United States Senators, Members of ACT of Housing, which pays for their housing costs. Congress, Cabinet Secretaries and senior staff Soldiers receive it when they do not live on a of both the Clintons and Bush Administrations. HON. JANE HARMAN military base. The exact amount depends on VICA has taken a leadership role on Social OF CALIFORNIA grade, dependency status, and geographic lo- Security reform, small business development, IN THE HOUSE OF REPRESENTATIVES cation. aviation and airports, water quality and reli- Tuesday, December 4, 2001 If members of the National Guard and Re- ability, a patient’s bill of rights and tele- serves serve less than 140 days, they receive communications issues under the keen leader- Ms. HARMAN. Mr. Speaker, five years ago, Level II Basic Allowance of Housing. If they ship of Cathy Maguire. Tim Grimmond, the Police Chief of El serve more than 140 days, they receive Level As California faced an energy crisis this Segundo, a small town in my district, came to I Basic Allowance of Housing. year, VICA played an important role in dis- me with a little problem called ‘‘public safety Level II Basic Allowance of Housing is simi- cussing solutions with the Administration as radio interoperability.’’ lar to the Level I Basic Allowance of Housing, well as with our colleagues in Congress— Basically, he explained, police departments but it does not include adjustments for expen- working to ensure that California had reliable, are organized by city and county jurisdictions. sive housing markets, such as Honolulu or affordable supplies of energy. Criminals are not. New York City. And while our nation mourned the losses of And the radios carried by the police in El This policy hurts soldiers placed on short September 11, 2001, VICA and its Chairman Segundo were not always compatible with the tours of duty in expensive housing markets. have worked to minimize the impacts on radios carried by the L.A. Country sheriffs or For example, an 0–1 officer in Honolulu will Southern California’s economy, convening the police departments in neighboring towns like receive $410.70 per month under Level II. region’s first Economic Impacts Summit and Redondo and Manhattan Beach. Under Level I, that same soldier would receive advocating in Washington on behalf of an eco- As a result, law enforcement agencies pur- $953.00. nomic stimulus for local businesses impacted suing a suspect couldn’t talk to each other on The current law costs soldiers hundreds of by the tragic events. the radio. They sometimes resorted to hand dollars every month. Soldiers should not have Mr. Speaker and distinguished colleagues, signals out car windows to communicate. Or to wait 140 days before receiving the Level I please join us in honoring Cathy Maguire for they used a jerry-rigged system of radio- Basic Allowance of Housing. her leadership and accomplishments as Chair- patching and multiple radios to make it work. On November 13, 2001, I introduced H.R. man of the Valley Industry and Commerce As- The problem was not with the equipment. 3280 to correct this. It will reduce the number sociation. The problem was the shortage of spectrum— the airwaves used for radio and TV. of active duty days required for the Level I f Basic Allowance of Housing from 140 to 60 Police and fire departments had not been days. PERSONAL EXPLANATION allocated enough of the spectrum for their ra- We ask members of the National Guard and dios to be interoperable. Reserves to serve without hesitation to defend HON. XAVIER BECERRA In response to Chief Grimmond’s concerns, our nation. We must ensure that all soldiers in OF CALIFORNIA I introduced legislation that directed the FCC to license unused frequencies to public safety the military are paid enough money to cover IN THE HOUSE OF REPRESENTATIVES their housing costs. agencies. This bill became law. I urge my colleagues to join with me and Tuesday, December 4, 2001 The same year, Congress took another support H.R. 3280. Mr. BECERRA. Mr. Speaker, on Friday, No- major step towards interoperability. It directed f vember 30, 2001, I was unable to cast my the FCC to allocate to public safety users 24 floor vote on roll call number 465, on Agreeing megahertz of spectrum licensed to analog tel- TRIBUTE TO CATHY MAGUIRE to the Conference Report for H.R. 2299, evision stations. Congress set a deadline of Transportation and Related Agencies Appro- 2006 for that transition. HON. BRAD SHERMAN priations for FY 2002. Unfortunately, that law also left a big loop- OF CALIFORNIA Had I been present for the vote, I would hole. It said the TV stations don’t have to HON. HENRY A. WAXMAN have voted ‘‘aye’’ on roll call vote 465. move to new spectrum until 85 percent of the f household have a TV that can receive digital OF CALIFORNIA TV signals. HON. ADAM B. SCHIFF A PROCLAMATION RECOGNIZING Currently, only 1 percent of homes in the DAVID PEOPLES U.S. meet that criteria. OF CALIFORNIA So unless we act now, public safety agen- HON. ELTON GALLEGLY HON. ROBERT W. NEY cies will never be able to use the spectrum OF CALIFORNIA OF OHIO that Congress promised them back in 1997. IN THE HOUSE OF REPRESENTATIVES That means * * * fire departments will con- HON. XAVIER BECERRA tinue to have problems talking at the scenes OF CALIFORNIA Tuesday, December 4, 2001 of major fires. Police and sheriff’s departments HON. HOWARD P. ‘‘BUCK’’ McKEON Mr. NEY. Mr. Speaker, Whereas, David chasing a suspect across city and county juris- OF CALIFORNIA Peoples serves as a Police Officer in the state dictions will still not be able to communicate IN THE HOUSE OF REPRESENTATIVES of Ohio; and by radio. Police officers on the beat will still Whereas, Mr. Peoples has been named worry about hitting a ‘‘dead spot’’ where their Tuesday, December 4, 2001 ‘‘Police Officer of the Month’’ by the National radios don’t work because of interference or Mr. SHERMAN. Mr. Speaker, we rise today Law Enforcer’s Memorial Fund for his un- poor signal penetration. to pay tribute to Cathy Maguire as she com- matched service to his community; and; The HERO Act that I and my colleagues, pletes her tenure as Chairman of the Valley Whereas, Mr. Peoples is helpful, honest, ac- Rep. WELDON of PA, Mr. GILMAN, Mr. MORAN Industry and Commerce Association (VICA). tive, hardworking and dedicated to both his of VA, Mr. MCINTYRE, BALLENGER, and Mr. Fifty-two years ago, when VICA was found- department and law enforcement; and, FRELINGHUYSEN are introducing here today ed, the San Fernardo Valley was a predomi- Whereas, Mr. Peoples has received the eliminates that 85 percent threshold require- nantly rural and agricultural area north of Los ‘‘Exceptional Service Medal,’’ the ‘‘Life Saving ment—but only for channels 63, 64, 68 and Angeles; today, the Valley is a vital part of our Medal’’ and the ‘‘Silver Torch’’ for his efforts in 69, which the FCC allocated to public safety at nation’s second-largest metropolitan area— saving and protecting the citizens of Ohio; Congress’ direction in 1997. thanks in part to the leadership of VICA. Therefore, I ask that my colleagues join me Our bill directs the FCC to assign the fre- Since Cathy Maguire was elected Chairman in recognizing David Peoples for his commit- quencies Congress promised to public safety of VICA in 1999, the Valley business commu- ment and dedication to making lives better in agencies by the end of 2006.

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A04DE8.052 pfrm04 PsN: E04PT1 December 4, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2205 This legislation is supported virtually every 15,000 members, I want to thank you for in- ducing this legislation that is so urgently public safety and municipal organization, in- troducing legislation to address the serious needed by law enforcement agencies cluding * * *. radio spectrum issues facing our nation’s po- throughout the United States. The International Association of Fire Chiefs, lice, fire, EMS, and other public safety agen- Respectfully, cies. Your proposed legislation would estab- S/PATRICK D. MCGOWAN, the International Association of Fire Fighters, lish a firm date for clearing television broad- President. and the Congressional Fire Services Institute; cast stations from spectrum allocated for INTERNATIONAL ASSOCIATION OF CHIEFS the International Association of Chiefs of Po- public safety radio systems pursuant to a OF POLICE, lice and the Major County Sheriff’s Associa- 1997 Congressional mandate. Alexandria, VA, December 3, 2001. tion; the National League of Cities, the Na- The tragic events of September 11, 2001, demonstrated yet again that public safety Hon. JANE HARMAN, tional Governors’ Association and the National U.S. House of Representatives, Cannon House Association of Counties; the Association of personal all too often lack access to suffi- cient radio spectrum to provide effective and Office Building, Washington, DC. DEAR REPRESENTATIVE HARMAN: On behalf Public-Safety Communications Officials-Inter- interoperable communications when re- of the International Association of Chiefs of national (APCO) and the International Asso- sponding to emergencies. On a day-to-day Police (IACP), I am writing to express our ciation of Arson Investigators. basis, public safety personnel from different Attached to this statement are letters of sup- support for the Homeland and Emergency agencies and jurisdictions are often unable Response Operations (H.E.R.O) Act. As you port for the legislation. to communicate at emergency scenes, usu- know, the IACP is the world oldest and larg- They all agree: Public safety needs this ally because spectrum shortages have forced est association of law enforcement execu- spectrum. And Congress should keep its com- them to operate their radio systems over dif- tives with more than 18,000 members in 100 mitment. ferent, incompatible frequency bands. In countries. many metropolitan areas, public safety per- CONGRESSIONAL FIRE SERVICES As you are aware, law enforcement and sonnel also confront dangerous radio fre- INSTITUTE, other public safety organizations in the quency congestion, again due to the inad- Washington, DC, November 28, 2001. United States are in critical need of addi- equacy of public safety spectrum allocations. tional radio spectrum to safely perform their Hon. JANE HARMAN, These problems, and proposed solutions, Cannon House Office Building, Washington, mission critical duties. In response to that were documented by the Public Safety Wire- need, in 1997 Congress directed the Federal DC. less Advisory Committee (PSWAC) in a re- DEAR CONGRESSWOMAN HARMAN: As Chair Communications Commission (FCC) to make port dated September 11, 1996. Among of the Congressional Fire Services Institute’s 24 MHz of spectrum (currently used by tele- PSWAC’s recommendations was that ap- National Advisory Committee, I extend to vision channels 63, 64, 68, 69) available for use proximately 25 MHz of new radio spectrum you the support of the committee for the by public safety. Unfortunately, the legisla- be made available for public safety within Homeland Emergency Response Operations tion was linked to the transition of tele- five years. Congress required such an alloca- vision stations on those channels from ana- Network Act. Composed of 40 national fire and emer- tion in the Balanced Budget Act of 1997, and log to digital signal and there is no specific gency services organizations, the NAC pro- the FCC responded with a specific spectrum deadline by which this spectrum will be vides counsel to CFSI on public safety issues. allocation in 1998. However, when terrorists available for public safety use. The public safety community, including Among the organizations that serve on this attacked the World Trade Center and the Pentagon exactly five years after the the IACP, has repeatedly called on the FCC committee are the International Association to assign this much needed spectrum to pub- of Arson Investigators, International Asso- PSWAC report, public safety personnel re- sponding to those horrific events were still lic safety in order to achieve critical inter- ciation of Fire Chiefs, International Associa- operability in communications between tion of Fire Fighters, International Fire unable to use the newly allocated spectrum. The difficulty is that the spectrum remains agencies. For example, the agencies that re- Service Training Association, International sponded to the terrorist attack on the Pen- Society of Fire Service Instructors, National blocked by ongoing television broadcast op- erations in much of the nation (including tagon were unable to communicate with Fire Protection Association, National Volun- each other because they lacked the required teer Fire Council, and the North American New York and Washington). The legislation that you are offering will spectrum for interoperable radio commu- Fire Training Directors. These are the asso- establish a firm date for television stations nications. Consequently, the IACP strongly ciations that represent the interest of our 1.2 to vacate spectrum already allocated for supports the H.E.R.O. Act, which would re- million first responders. quire current television stations using those Following the release of the Public Safety public safety. If adopted, the legislation will open the door for state and local govern- channels to vacate the spectrum for use by Wireless Advisory Committee report in 1996, public safety no later than December 31, 2006. CFSI has worked aggressively in support of ments to plan, fund, and even construct the new radio systems they need, confident that We appreciate the efforts of you and your the report’s recommendations. First and colleagues in Congress who will be intro- foremost is the set aside of 24 megahertz of the necessary radio spectrum will be avail- able for use on a specific date. We hope that ducing this legislation that is so urgently broadcast spectrum for public safety use. needed by law enforcement agencies This spectrum will address an immediate your colleagues in Congress will give this matter immediate and favorable consider- throughout the United States. need of public safety, clearing the way for Sincerely, interoperable wireless communication sys- ation. Sincerely, WILLIAM B. BERGER, tems. President. Following the terrorists attacks on Sep- GLEN NASH, tember 11th, the need for this spectrum has President. INTERNATIONAL ASSOCIATION become a top priority for public safety. We MAJOR COUNTY SHERIFFS’ ASSOCIATION, OF FIRE CHIEFS, can no longer afford to run the risk of re- Minneapolis, MN, December 3, 2001. Fairfax, VA, November 30, 2001. sponding to large-scale disasters without Hon. JANE HARMAN, Hon. JANE HARMON, interoperable communication systems. Oth- U.S. House of Representatives, Washington, DC. U.S. House of Representatives, Washington, DC. erwise, we will jeopardize the lives of all DEAR CONGRESSWOMAN HARMAN: The mem- DEAR REPRESENTATIVE HARMAN: The Inter- first responders at the scene. Congress needs bers of the Major County Sheriffs’ Associa- national Association of Fire Chiefs and, in- to remove the 85 percent exemption on pene- tion and other public safety organizations in deed, America’s fire and emergency service, tration of digital television receivers and the United States continue to be in urgent fully supports the Homeland Emergency Re- any other exemptions, and hold firm on the need of additional radio spectrum to safely sponse Operations (HERO) Act to provide for previously set 2006 deadline in the best inter- perform their mission critical duties. the expected and increased assignment of In response to that need, in 1997 the Con- est of public safety! spectrum for public safety. I look forward to working with you, Con- gress directed the FCC to make 24 MHz of In 1996 the Public Safety Wireless Advisory gressman Curt Weldon and all other federal spectrum (currently TV Channels 63, 64, 68, Committee reported to Congress on the legislators who will offer their support for 69) available for use by public safety. Unfor- needs for additional spectrum for public safe- this legislation. tunately the legislation was linked to transi- ty. In 1997 Congress responded to one of the recommendations by mandating that the Sincerely, tion of TV stations in those channels from analog to digital signals and there is no Federal Communications Commission (FCC) DENNIS COMPTON, allocate 24 MHz of spectrum for the exclusive Chair, National Advisory Committee. date-certain deadline by which public safety will be able to use this spectrum. use of public safety from the 700 MHz band ASSOCIATION OF PUBLIC-SAFETY We are in support of legislation to be occupied by television channels 60–69. The COMMUNICATIONS known as ‘‘THE HOMELAND AND EMER- FCC complied; channels 63, 64, 68 and 69 have OFFICIALS INTERNATIONAL, INC., GENCY RESPONSE OPERATIONS been reserved for use by public safety agen- December 3, 2001. (H.E.R.O.) ACT’’ that would require current cies. The FCC has promulgated rules for the Hon. JANE HARMAN, TV Broadcast Incumbents on those channels 700 MHz public safety band which, when im- U.S. House of Representatives, Washington, DC. to vacate that spectrum for use by public plemented, will provide much needed addi- DEAR REPRESENTATIVE HARMAN: On behalf safety no later than December 31, 2006. tional spectrum for both voice and data com- of the Association of Public-Safety Commu- We appreciate the efforts of you and your munication, and improve interoperability nication Officials-International, Inc and its colleagues in Congress who will be intro- among 700 MHz band users.

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These very positive developments are con- NATIONAL ASSOCIATION OF COUNTIES, ability has in disaster response and making tingent on television stations vacating this December 3, 2001. this spectrum available will enhance our spectrum by 2006—a provision in the 1997 Hon. JANE HARMAN, ability to carry out our role as ‘‘first re- Balanced Budget Act. The major barrier is a U.S. House of Representatives, Cannon House sponders’’. provision in that same law that allows sta- Office Bldg., Washington, DC. Thank you for your leadership. DEAR REPRESENTATIVE HARMAN: On behalf Sincerely, tions to keep their analog channels beyond of the National Association of Counties JAVIER GONZALES, 2006 until at least 85% of the households in (NACo), I would like to commend you, and President, the relevant market have access to digital Representative Curt Weldon, for developing National Association of Counties television signals. The problem, in short, is the, ‘‘Homeland Emergency Response Oper- Commissioner, Santa Fe, NM. that there is no time certain for clearing the ations (HERO) Act.’’ INTERNATIONAL ASSOCIATION OF ARSON band for public safety. Neither public safety The HERO Act is fully consistent with NACo’s policy on releasing the 700 MHz band INVESTIGATORS, INC., agencies nor radio equipment manufacturers St. Louis, MO, November 30, 2001. can proceed until there is certainty. The for public safety purposes, which reads as follows: Hon. JANE HARMAN, benefits of this new spectrum will not be ‘‘Improve Public Safety and Emergency U.S. House of Representatives, Cannon House available to public safety until this current Management Communications: Increase Office Building, Washington, DC. uncertainty is rectified. interoperability for both voice and data, re- DEAR CONGRESSWOMAN HARMAN: The Inter- The HERO Act addresses the issue of band lease additional spectrum in the 700 MHz national Association of Arson Investigators is pleased to endorse the ‘‘Homeland Emer- clearing by providing a date certain that this band for public safety and emergency man- gency Response Operations Network Act’’. spectrum will be available for public safety. agement use, and eliminate interference problems in public safety communications.’’ This vital legislation is long overdue. Ex- This is consistent with the original intent of NACo believes it is critical that the 700 pedited assignment of the 761–776 and 794–806 Congress to provide public safety with the MHz band be made available at a date cer- megahertz to public safety use will provide key element of command and control—com- tain. This would facilitate counties making much needed additional radio spectrum for munications. Enhanced communications ca- appropriate plans for utilization of the spec- America’s emergency responders. pability will clearly enable America’s fire trum, develop solutions to the interoper- As one of the nation’s major fire service and emergency service to better deal with ability challenges for both voice and data, groups we look forward to standing with you large scale incidents, natural disasters and and allow the private sector to provide the at next week’s press conference. Following acts of terrorism. technologies and equipment necessary to introduction we would be honored to work to Very truly yours, make for efficient utilization of the spec- seek passage of this important measure. CHIEF JOHN M. BUCKMAN, trum. Sincerely, President. Clearly the events of September 11th bring STEPHEN P. AUSTIN, into focus the important role interoper- Director of Governmental Relations.

VerDate 112000 06:11 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A04DE8.061 pfrm04 PsN: E04PT1 Tuesday, December 4, 2001 Daily Digest Senate A unanimous-consent agreement was reached pro- Chamber Action viding that at 9:30 a.m., on Wednesday, December Routine Proceedings, pages S12331–S12387 5, 2001, Senator Nickles be recognized to raise a Measures Introduced: Six bills and one resolution point of order against the pending substitute (listed were introduced, as follows: S. 1760–1765, and S. above), with Senator Baucus being recognized to Res. 186. Pages S12368–69 make a motion to waive. Further, that following 30 minutes of debate time, the Senate proceed to a vote Measures Reported: on the motion to waive and if the motion to waive Report to accompany S. 1233, to provide penalties is agreed to then the substitute amendment be for certain unauthorized writing with respect to con- agreed to, the bill be read a third time, and the Sen- sumer products. (S. Rept. No. 107–106) ate then proceed to a vote on passage of the bill, H.R. 3338, making appropriations for the Depart- with the pending cloture vote having been vitiated. ment of Defense for the fiscal year ending September Pages S12385–86 30, 2002, with an amendment in the nature of a A unanimous-consent agreement was reached pro- substitute. Page S12368 viding for further consideration of the bill at 9:30 Measures Passed: a.m., on Wednesday, December 5, 2001. Page S12386 Senate Representation: Senate agreed to S. Res. Federal Farm Bill: A unanimous-consent-time 186, to authorize representation of Senator Lott in agreement was reached providing that upon disposi- the case of Lee v. Lott. Page S12386 tion of H.R. 10 (listed above), the Senate resume Comprehensive Retirement Security and Pension consideration of the motion to proceed to consider- Reform Act: Senate continued consideration of H.R. ation of S. 1731, to strengthen the safety net for ag- 10, to provide for pension reform, taking action on ricultural producers, to enhance resource conservation the following amendments proposed thereto: and rural development, to provide for farm credit, Pages S12340–44, S12350–51, S12352–63 agricultural research, nutrition, and related pro- Rejected: grams, to ensure consumers abundant food and fiber, By 40 yeas to 59 nays (Vote No. 347), Domenici on Wednesday, December 5, 2001, with a vote on Amendment 2202 (to Amendment No. 2170), to the motion to close further debate on the motion to strike section 105 (c), regarding Office of Manage- proceed to consideration of the bill. Page S12386 ment and Budget’s reporting and scorekeeping of the Department of Transportation Appropriations bills budgetary outlays. Pages S12340–44, S12350–51 Conference Report: By 97 yeas to 2 nays (Vote No. By 27 yeas to 72 nays (Vote No. 348), Nickles 346), Senate agreed to the conference report on H.R. Amendment No. 2175 (to Amendment No. 2170), 2299, making appropriations for the Department of to use a 5-year average rather than a 10-year average Transportation and related agencies for the fiscal year in computing the average account benefits ratio. ending September 30, 2002, clearing the measure for Pages S12355–62 the President. Pages S12332–40, S12348, S12350 By 21 yeas to 78 nays (Vote No. 349), Gramm Messages From the President: Senate received the Amendment No. 2196 (to Amendment No. 2170), following messages from the President of the United to ensure that returns on investment are earned prior States: to any reduction in taxes or increase in benefits. Transmitting, pursuant to law, a report on the Pages S12352–55, S12362–63 Emergency Regarding Proliferation of Weapons of Pending: Mass Destruction; to the Committee on Banking, Daschle (for Hatch/Baucus) Amendment No. Housing, and Urban Affairs. (PM–60) Page S12367 2170, in the nature of a substitute. Transmitting, pursuant to law, the Periodic Re- Pages S12340–44, S12350–51, S12352–63 port on the National Emergencies with Respect to D1196

VerDate 11-MAY-2000 06:46 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04DE1.REC pfrm04 PsN: D04DE1 December 4, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1197 the Federal Republic of Yugoslavia (Serbia and Mon- CLONING tenegro) and Kosovo; to the Committee on Banking, Committee on Appropriations: Subcommittee on Labor, Housing, and Urban Affairs. (PM–61) Page S12367 Health and Human Services, and Education held Nominations Received: Senate received the fol- hearings to examine the differences between human lowing nominations: reproductive cloning and regenerative medicine, or James R. Mahoney, of Virginia, to be Assistant therapeutic cloning, the ethical implications of Secretary of Commerce for Oceans and Atmosphere. cloning research, and the implications of cloning leg- Grant S. Green, Jr., of Virginia, to be Deputy islation on potential cell-based therapies, receiving Secretary of State for Management and Resources. testimony from Senator Brownback; Michael D. (New Position) West, Advanced Cell Technology, Worcester, Massa- Samuel E. Ebbesen, of the Virgin Islands, to be chusetts; Ronald M. Green, Dartmouth College Eth- a Member of the Board of Directors of the Overseas ics Institute, Hanover, New Hampshire, on behalf of Private Investment Corporation for a term expiring the Advanced Cell Technology Ethics Advisory December 17, 2003. Board; Bert Vogelstein, Johns Hopkins Oncology Paul A. Quander, Jr., of the District of Columbia, Center and the Howard Hughes Medical Institute, to be Director of the District of Columbia Offender Baltimore, Maryland, on behalf of the National Re- Supervision, Defender, and Courts Services Agency search Council Committee on the Biological and for a term of six years. (New Position) Biomedical Applications of Stem Cell Research; and Pages S12386–87 Phyllis E. Greenberger, Society for Women’s Health Messages From the House: Page S12367 Research, Washington, D.C. Hearings recessed subject to call. Measures Read First Time: Page S12367 BUSINESS MEETING Executive Communications: Pages S12367–68 Committee on Armed Services: Committee concluded Additional Cosponsors: Pages S12369–70 hearings on the nomination of Claude M. Bolton, Statements on Introduced Bills/Resolutions: Jr., of Florida, to be Assistant Secretary of the Army Pages S12370–85 for Acquisition, Logistics, and Technology, after the Additional Statements: Pages S12364–67 nominee testified and answered questions in his own behalf. Authority for Committees to Meet: Page S12385 Also, committee met in closed session to consider Privilege of the Floor: Page S12385 certain pending nominations, but made no an- Record Votes: Four record votes were taken today. nouncements and recessed subject to call. (Total—349) Pages S12350, S12351, S12362, S12363 REMEDIATION Adjournment: Senate met at 9:30 a.m., and ad- Committee on Environment and Public Works: Com- journed at 5:36 p.m., until 9:30 a.m., on Wednes- mittee concluded hearings to examine the remedi- day, December 5, 2001. (For Senate’s program, see ation process of biologically contaminated buildings, the remarks of the Acting Majority Leader in today’s focusing on federal, state, local, and private efforts to Record on page S12386.) provide effective treatment techniques to address the threat of anthrax contamination, after receiving testi- Committee Meetings mony from Christine Todd Whitman, Adminis- trator, Environmental Protection Agency; Patrick J. (Committees not listed did not meet) Meehan, Director, Division of Emergency and Envi- ronmental Health Services, National Center for Envi- BUSINESS MEETING ronmental Health, Centers for Disease Control and Committee on Appropriations: Committee ordered favor- Prevention, Department of Health and Human Serv- ably reported H.R. 3338, making appropriations for ices; James M. Grosser, Technical Director, Program the Department of Defense for the fiscal year ending Manager, Nuclear, Biological, and Chemical Defense September 30, 2002, with an amendment in the na- Systems, Marine Corps Systems Command ture of a substitute. (Quantico, Virginia); Ivan C. A. Walks, District of BUSINESS MEETING Columbia Department of Health, Washington, D.C.; and Les C. Vinney, Steris Corporation, Mentor, Committee on Appropriations: Subcommittee on Defense Ohio. approved for full committee consideration H.R. 3338, making appropriations for the Department of BUSINESS MEETING Defense for the fiscal year ending September 30, Committee on Finance: Committee ordered favorably 2002. reported S. 1209, to amend the Trade Act of 1974

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to consolidate and improve the trade adjustment as- USA (Ret.), Patton Boggs, former Army Judge Ad- sistance programs, to provide community-based eco- vocate General, and Timothy Lynch, Cato Institute, nomic development assistance for trade-affected com- all of Washington, D.C.; Laurence H. Tribe, Har- munities, with an amendment in the nature of a vard Law School, Cambridge, Massachusetts; and substitute. Cass R. Sunstein, University of Chicago Law School NOMINATIONS and Department of Political Science, Chicago, Illi- nois. Committee on Foreign Relations: Committee concluded hearings on the nomination of Adolfo A. Franco, of JUSTICE DEPARTMENT RESPONSE TO Virginia, to be Assistant Administrator for Latin TERRORISM America and the Caribbean, Frederick W. Schieck, of Committee on the Judiciary: Committee concluded over- Virginia, to be Deputy Administrator, and Roger P. sight hearings to examine the response of the De- Winter, of Maryland, to be Assistant Administrator partment of Justice to terrorist attacks of September for Democracy, Conflict, and Humanitarian Assist- 11, 2001, focusing on current U.S. immigration pol- ance, all of the United States Agency for Inter- icy and practices related to the detention of certain national Development, after the nominees testified individuals, after receiving testimony from Viet D. and answered questions in their own behalf. Mr. Dinh, Assistant Attorney General, Office of Legal Franco was introduced by Senator McCain and Rep- Policy, Department of Justice; Michael Boyle, North resentative Hyde; Mr. Schieck was introduced by Haven, Connecticut, on behalf of the American Im- Senators Allen and Warner; and Mr. Winter was in- migration Lawyers Association; Steven Emerson, The troduced by Senator Brownback, and Representatives Investigative Project, and Victoria Toensing, Payne and Wolf. diGenova and Toensing, both of Washington, D.C.; NOMINATIONS Gerald H. Goldstein, Goldstein, Goldstein and Committee on Foreign Relations: Committee concluded Hilley, San Antonio, Texas, on behalf of the Na- hearings on the nominations of William R. tional Association of Criminal Defense Lawyers; and Brownfield, of Texas, to be Ambassador to the Re- Nadine Strossen, New York Law School, New York, public of Chile, Charles S. Shapiro, of Georgia, to be New York, on behalf of the American Civil Liberties Ambassador to the Bolivarian Republic of Venezuela, Union; and Ali Al-Maqtari, New Haven, Con- Earl Norfleet Phillips, Jr., of North Carolina, to be necticut. Ambassador to Barbados, and to serve concurrently ‘‘CLUB’’ DRUGS and without additional compensation as Ambassador to St. Kitts and Nevis, Saint Lucia, Antigua and United States Senate Caucus on International Narcotics Barbuda, the Commonwealth of Dominica, Grenada, Control: Caucus concluded hearings on the relation and Saint Vincent and the Grenadines, and Donna between rave promoters and club drug abuse, focus- Jean Hrinak, of Virginia, to be Ambassador to the ing on providing current information on the medical Federative Republic of Brazil, after the nominees tes- effects of club drugs, advancing drug education and tified and answered questions in their own behalf. prevention, and enhancing parental knowledge of Mr. Phillips was introduced by Senator Helms. club drugs, after receiving testimony from Asa Hutchinson, Administrator, Drug Enforcement Ad- WAR CRIME COMMISSIONS ministration, Department of Justice; Glen R. Han- Committee on the Judiciary: Committee concluded son, Acting Director, National Institute on Drug hearings to examine the constitutional and legal im- Abuse, National Institutes of Health, Department of plications of the President’s recent executive order to Health and Human Services; Eladio M. Paez, City of establish military commissions with respect to the Miami Police Department, Miami, Florida; Harry P. detention, treatment, and trial of persons accused of Mendoza, New Orleans Police Department, New Or- terrorist activities, after receiving testimony from leans, Louisiana; Sean McCullough, Iowa Division of Pierre-Richard Prosper, Ambassador-at-Large for Narcotics Enforcement, Des Moines; and Kate Pat- War Crimes Issues, Department of State; George J. ton, Kelley McEnery Baker Foundation for the Pre- Terwilliger III, White and Case, former Deputy At- vention, Education, and Awareness of Ecstasy, Roll- torney General, Maj. Gen. Michael J. Nardotti, Jr., ing Meadows, Illinois.

VerDate 11-MAY-2000 06:46 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D04DE1.REC pfrm04 PsN: D04DE1 December 4, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1199 House of Representatives Zimbabwe Democracy and Economic Recovery: S. Chamber Action 494, amended, to provide for a transition to democ- Measures Introduced: 14 public bills, H.R. 3385, racy and to promote economic recovery in Zimbabwe 3391–3403; and 4 resolutions, H.J. Res. 75; H. (agreed to by a yea-and-nay vote of 396 yeas to 11 Con. Res. 280–281, and H. Res. 301, were intro- nays, Roll No. 468); Pages H8758–63, H8815 duced. Pages H8841–42 Know Your Caller Act: H.R. 90, amended, to Reports Filed: Reports were filed today as follows: amend the Communications Act of 1934 to prohibit S. 494, to provide for a transition to democracy telemarketers from interfering with the caller identi- and to promote economic recovery in Zimbabwe, fication service of any person to whom a telephone amended (H. Rept. 107–312 Pt. 1); solicitation is made; Pages H8763–65 H.R. 3046, to amend title XVIII of the Social Se- Important Contributions of the Hispanic Cham- curity Act to provide regulatory relief, appeals proc- ber of Commerce: H. Con. Res. 277, Recognizing ess reforms, contracting flexibility, and education the important contributions of the Hispanic Cham- improvements under the Medicare Program, amend- ber of Commerce; Pages H8765–66 ed (H. Rept. 107–313, Pt. 1); H.R. 2238, to authorize the Secretary of the Inte- Increasing Awareness of Tuberous Sclerosis: H. rior to acquire Fern Lake and the surrounding water- Con. Res. 25, amended, expressing the sense of the shed in the States of Kentucky and Tennessee for ad- Congress regarding tuberous sclerosis; Pages H8766–68 dition to Cumberland Gap National Historical Park, National Hansen’s Disease Programs Center amended (H. Rept. 107–314); and Designation: H.R. 2441, to amend the Public H.R. 3322, to authorize the Secretary of the Inte- Health Service Act to redesignate a facility as the rior to construct an education and administrative National Hansen’s Disease Programs Center; center at the Bear River Migratory Bird Refuge in Pages H8768–70 Box Elder County, Utah (H. Rept. 107–315). Remembering Maureen Reagan and Her Advo- Page H8841 cacy for the Millions Affected and Afflicted by Alz- Recess: The House recessed at 12:53 p.m. and re- heimer’s Disease: H.J. Res. 60, amended, honoring convened at 2 p.m. Page H8749 Maureen Reagan on the occasion of her death and Private Calendar: Agreed to dispense with the call expressing condolences to her family, including her of the Private Calendar. Pages H8749–50 husband Dennis Revell, and her daughter Rita Presidential Messages: Read the following mes- Revell; Pages H8770–72 sages from the President: One Year Extension for Submitting Electronic National Emergency Re Yugoslavia (Serbia and Simplification Plans: H.R. 3323, amended, to en- Montenegro) and Kosovo: Message wherein he trans- sure that covered entities comply with the standards mitted a combined 6-month periodic report on the for electronic health care transactions and code sets national emergencies declared with respect to the adopted under part C of title XI of the Social Secu- Federal Republic of Yugoslavia (Serbia and Monte- rity Act (agreed to by a yea-and-nay vote of 410 yeas negro) in Executive Order 12808 on May 30, 1992, with none voting ‘‘nay’’, Roll No. 466); and Kosovo in Executive Order 13088 on June 9, Pages H8776–78, H8813–14 1998—referred to the Committee on International Medicare Regulatory and Contract Reform: H.R. Relations and ordered printed (H. Doc. 107–154); 3391, to amend title XVIII of the Social Security and Page H8751 Act to provide regulatory relief and contracting National Emergency Re Proliferation of Weap- flexibility under the Medicare Program (agreed to by ons of Mass Destruction: Message wherein he trans- a yea-and-nay vote of 408 yeas with none voting mitted a 6-month periodic report on the national ‘‘nay’’, Roll No. 467); Pages H8778–H8801, H8814–15 emergency with respect to the proliferation of weap- Simplification of IRS Higher Education Expense ons of mass destruction that was declared in Execu- Reporting Requirements: H.R. 3346, to amend the tive Order 12938 of November 14, 1994—referred Internal Revenue Code of 1986 to simplify the re- to the Committee on International Relations and or- porting requirements relating to higher education dered printed (H. Doc. 107–155). Page H8751 tuition and related expenses; Pages H8801–03 Suspensions: The House agreed to suspend the rules Gerald B.H. Solomon Saratoga National Ceme- and pass the following measures: tery: H.R. 3392, to name the national cemetery in

VerDate 11-MAY-2000 06:46 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04DE1.REC pfrm04 PsN: D04DE1 D1200 CONGRESSIONAL RECORD — DAILY DIGEST December 4, 2001 Saratoga, New York, as the Gerald B.H. Solomon Senate Messages: Messages received from the Senate Saratoga National Cemetery; and Pages H8803–07 today appears on page H8763. Criminal Justice Coordinating Council Restruc- Amendments: Amendments ordered printed pursu- turing Act: H.R. 2305, amended, to require certain ant to the rule appear on pages H8843–44. Federal officials with responsibility for the adminis- Quorum Calls—Votes: Three yea-and-nay votes de- tration of the criminal justice system of the District veloped during the proceedings of the House today of Columbia to serve on and participate in the ac- and appear on pages H8813–14, H8814–15, and tivities of the District of Columbia Criminal Justice H8815. There were no quorum calls. Coordinating Council. Agreed to amend the title. Adjournment: The House met at 12:30 p.m. and Pages H8811–13 adjourned at 11:08 p.m. Suspensions—Proceedings Postponed: The House completed debate on the following motions to sus- Committee Meetings pend the rules upon which further proceedings were postponed until Wednesday, Dec. 5: CABLE AND SATELLITE BROADCAST COMPETITION Recognizing Radio Free Europe/Radio Liberty’s Committee on Energy and Commerce: Successes: H. Con. Res. 242, recognizing Radio Free Subcommittee on Telecommunications and the Internet held a hearing Europe/Radio Liberty’s success in promoting democ- on The Status of Competition in the Multi-Channel racy and its continuing contribution to United States Video Programing Distribution Marketplace. Testi- national interests; Page H8751–53 mony was heard from public witnesses. George P. Shultz National Foreign Affairs OVERSIGHT Training Center: H.R. 3348, to designate the George P. Shultz National Foreign Affairs Training Committee on the Judiciary: Held an oversight hearing Center; Pages H8753–54 on Direct Broadcast Satellite Service and Competi- tion in the Multichannel Video Distribution Market. Hunger to Harvest Resolution: A Decade of Con- Testimony was heard from public witnesses. cern for Africa: H. Con. Res. 102, amended, relat- ing to efforts to reduce hunger in sub-Saharan Afri- OVERSIGHT—CONFLICTING LAWS AND ca; and Pages H8754–58 REGULATIONS GOVERNING NATIONAL FORESTS Veterans Day Observance on November 11: H. Res. 298, expressing the sense of the House of Rep- Committee on Resources: Subcommittee on Forests and resentatives that Veterans Day should continue to be Forest Health held an oversight hearing on Con- observed on November 11 and separate from any flicting Laws and Regulations—Gridlock on the Na- other Federal holiday or day for Federal elections or tional Forests. Testimony was heard from Dale Bosworth, Chief, Forest Service; USDA; the former national observances. Pages H8807–11 officials of the USDA: Jack Ward Thomas, Chief, Consideration of Suspensions on Wednesday, Forest Service; and James P. Perry, Associate General Dec. 5: Agreed that it be in order on Wednesday, Counsel, Natural Resources Division; and a public December 5, 2001, for the Speaker to entertain mo- witness. tions to suspend the rules relating to the following MEDICARE+CHOICE PROGRAM STATUS measures: H. Con. Res. 232, honoring the crew and passengers of United Airlines Flight 93; H.R. 3248, Committee on Ways and Means: Subcommittee on Todd Beamer Post Office Building, Cranbury, New Health held a hearing on Status of the Jersey; H. Con. Res. 280, solidarity with Israel in Medicare+Choice Program. Testimony was heard the fight against terrorism; H.R. 3322, Bear River from Thomas Scully, Administrator, Centers for Migratory Bird Refuge Visitor Center, Box Elder Medicare and Medicaid Services, Department of County, Utah; H.R. 2238, Fern Lake Conservation Health and Human Services; and public witnesses. and Recreation Act in Kentucky and Tennessee; f H.R. 2115, Lakehaven Utility District, Washington COMMITTEE MEETINGS FOR WEDNESDAY, Wastewater Project; and H.R. 2538, Native Amer- DECEMBER 5, 2001 ican Small Business Development. Page H8815 (Committee meetings are open unless otherwise indicated) Committee Election: The House agreed to H. Res. 301, electing Representative Boozman to the Com- Senate mittees on Transportation and Infrastructure and Committee on Appropriations: Subcommittee on Treasury Veterans’ Affairs. Page H8815 and General Government, to hold hearings to examine

VerDate 11-MAY-2000 06:46 Dec 05, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D04DE1.REC pfrm04 PsN: D04DE1 December 4, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1201 United States northern border security policy, 9:30 a.m., House SD–192. Committee on the Budget, hearing on Re-Structuring Committee on Commerce, Science, and Transportation: Sub- Government for Homeland Security: Nuclear/Biological/ committee on Science, Technology, and Space, to hold Chemical Threats, 10 a.m., 2128 Rayburn. hearings to examine the response of the technology sector Committee on Energy and Commerce, Subcommittee on in times of crisis, focusing on the successes and failures Oversight and Investigations, hearing titled ‘‘A Review of in the aftermath of the events of September 11, 2001, 9 Security Issues at Nuclear Power Plants,’’ 10 a.m., 2123 a.m., SR–253. Rayburn. Committee on Energy and Natural Resources: to hold hear- Committee on Government Reform, Subcommittee on ings on the nomination of Margaret S.Y. Chu, of New Criminal Justice, Drug Policy, and Human Resources, Mexico, to be Director of the Office of Civilian Radio- hearing on ‘‘Federal Law Enforcement: Long Term Impli- active Waste Management, and the nomination of Beverly cations of Homeland Security Needs,’’ 9:30 a.m., 2154 Cook, of Idaho, to be Assistant Secretary for Environ- Rayburn. ment, Safety and Health, both of the Department of En- Subcommittee on Government Efficiency, Financial ergy; and the nomination of Jeffrey D. Jarrett, of Penn- Management, and Intergovernmental Affairs, hearing on sylvania, to be Director of the Office of Surface Mining ‘‘The Debt Collection Improvement Act of 1996: How Reclamation and Enforcement, and the nomination of Re- Well is it Working?’’ 10 a.m., 2244 Rayburn. becca W. Watson, of Montana, to be Assistant Secretary Committee on International Relations, hearing on Russia, for Land and Minerals Management, both of the Depart- Iraq, and Other Potential Sources of Anthrax, Smallpox ment of the Interior, 9:30 a.m., SD–366. and Other Bioterrorist Weapons, 10:15 a.m., 2172 Ray- Committee on the Judiciary: to hold hearings to examine burn. the nominations of Callie V. Granade, to be United States Committee on the Judiciary, hearing on H.R. 3295, Help District Judge for the Southern District of Alabama, America Vote Act of 2001, 1:30 p.m., 2141 Rayburn. Marcia S. Krieger, to be United States District Judge for Committee on Rules, to consider H.R. 3005, Bipartisan the District of Colorado, James C. Mahan, to be United Trade Promotion Authority Act of 2001, 2:15 p.m., 313 States District Judge for the District of Nevada, Philip Capitol. R. Martinez, to be United States District Judge for the Committee on Science, hearing on Science of Bioterrorism: Western District of Texas, C. Ashley Royal, to be United Is the Federal Government Prepared?’’ 10 a.m., 2318 States District Judge for the Middle District of Georgia, Rayburn. and Mauricio J. Tamargo, of Florida, to be Chairman of Joint Meetings the Foreign Claims Settlement Commission of the United States, Department of Justice, 10 a.m., SD–226. Conference: closed meeting of conferees on H.R. 2883, to authorize appropriations for fiscal year 2002 for intel- Subcommittee on Crime and Drugs, to hold hearings ligence and intelligence-related activities of the United to examine the future of the community oriented policing States Government, the Community Management Ac- services program of the Department of Justice, 1:30 p.m., count, and the Central Intelligence Agency Retirement SD–226. and Disability System, 2 p.m., S–407, Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, December 5 10 a.m., Wednesday, December 5

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of a motion to ation of H.R. 10, Comprehensive Retirement Security go to conference on H.R. 2883, Intelligence Authoriza- and Pension Reform Act, with a vote on a motion to tion Act; and waive with respect to a point of order raised against the Consideration of suspensions: pending substitute to occur at approximately 10 a.m. (1) H. Con. Res. 232, honoring the crew and pas- Also, following disposition of H.R. 10, Senate will re- sengers of United Airlines Flight 93; sume consideration of the motion to proceed to consider- (2) H.R. 3248, Todd Beamer Post Office Building, ation of S. 1731, Federal Farm Bill, with a vote on a mo- Cranbury, New Jersey; tion to close further debate on the motion to proceed to (3) H. Con. Res. 280, solidarity with Israel in the fight consideration of the bill. against terrorism; (4) H.R. 3322, Bear River Migratory Bird Refuge Vis- itor Center, Box Elder County, Utah; (5) H.R. 2238, Fern Lake Conservation and Recreation Act in Kentucky and Tennessee; (6) H.R. 2115, Lakehaven Utility District, Wash- ington Wastewater Project; and (7) H.R. 2538, Native American Small Business Devel- opment.

Extensions of Remarks, as inserted in this issue

HOUSE Kucinich, Dennis J., Ohio, E2201 Rangel, Charles B., N.Y., E2197 McInnis, Scott, Colo., E2199, E2200 Ros-Lehtinen, Ileana, Fla., E2202 Barton, Joe, Tex., E2198 McKeon, Howard P. ‘‘Buck’’, Calif., E2204 Sanchez, Loretta, Calif., E2196 Becerra, Xavier, Calif., E2204, E2204 Matsui, Robert T., Calif., E2193 Schaffer, Bob, Colo., E2191, E2192, E2194, E2195, E2196 Schiff, Adam B., Calif., E2204 Bereuter, Doug, Nebr., E2197 Menendez, Robert, N.J., E2191, E2192, E2194, E2195 Serrano, Jose´ E., N.Y., E2199, E2202, E2203 Bonior, David E., Mich., E2191, E2192, E2194, E2196 Miller, Gary G., Calif., E2192, E2193 Sherman, Brad, Calif., E2204 Camp, Dave, Mich., E2193 Mink, Patsy T., Hawaii, E2191, E2203 Shuster, Bill, Pa., E2195 Clayton, Eva M., N.C., E2201 Napolitano, Grace F., Calif., E2192 Tauzin, W.J. (Billy), La., E2198 Davis, Jim, Fla., E2203 Ney, Robert W., Ohio, E2204 Traficant, James A., Jr., Ohio, E2198, E2200 Davis, Tom, Va., E2196 Olver, John W., Mass., E2194 Waxman, Henry A., Calif., E2204 Gallegly, Elton, Calif., E2204 Oxley, Michael G., Ohio, E2198 Harman, Jane, Calif., E2204 Paul, Ron, Tex., E2202 Kingston, Jack, Ga., E2201 Radanovich, George, Calif., E2194

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