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, THURSDAY, MAY 24, 2001 No. 73 House of Representatives The House met at 10 a.m. PLEDGE OF ALLEGIANCE for her success and for having been se- The Chaplain, the Reverend Daniel P. The SPEAKER. Will the gentleman lected for induction into the National Coughlin, offered the following prayer: from North Dakota (Mr. POMEROY) Teachers Hall of Fame. Lord God, You glory in Your people come forward and lead the House in the f even more than the artisan or crafts- Pledge of Allegiance. man delights in the work of their A COMMITMENT TO ONE PERSON, Mr. POMEROY led the Pledge of Al- hands. More than a parent takes joy in ONE VOTE legiance as follows: the graduation of a son or daughter, do (Mr. CUMMINGS asked and was I pledge allegiance to the Flag of the You glory in us as Your children. given permission to address the House May we in turn prove worthy of Your United States of America, and to the Repub- lic for which it stands, one nation under God, for 1 minute and to revise and extend love and attention by listening and indivisible, with liberty and justice for all. his remarks.) caring for one another and the genera- f Mr. CUMMINGS. Mr. Speaker, some tion to come. May this House and this people believe election reform is a dead Nation prove truly responsive to CONGRATULATIONS TO ELLEN issue, but I stand here today to state present needs and responsible for fu- KEMPLER ON HER SELECTION that it is alive and I have taken the ture results. Guide us by the spirit of FOR INDUCTION INTO NATIONAL first step. I have taken the first step in freedom so that we may prove to be TEACHERS HALL OF FAME recognizing that during the 2000 presi- Your model for other nations. (Ms. ROS-LEHTINEN asked and was dential election, the principle of one We call out to the world to rejoice given permission to address the House person, one vote was abandoned, result- with us and to learn from us. for 1 minute and to revise and extend ing in the disenfranchisement of thou- O praise the Lord, all you nations; her remarks.) sands of citizens. I have taken a first acclaim Him, all you peoples. Strong is Ms. ROS-LEHTINEN. Mr. Speaker, I step in recognizing that our current His love for us; He is faithful forever. am proud to congratulate Ms. Ellen doctrines and laws, namely our Con- Amen. Kempler, a teacher at MAST Academy stitution and the Voting Rights Act, f in my congressional district, who was provide guarantees against many of the THE JOURNAL one of five exceptional educators re- discriminatory violations that oc- cently inducted into the 2001 National The SPEAKER. The Chair has exam- curred during the election. I have Teachers Hall of Fame. ined the Journal of the last day’s pro- taken the first step, Mr. Speaker, by As a former teacher, I know that no ceedings and announces to the House introducing a resolution, H. Res. 139, reward is greater than impacting the his approval thereof. which confirms this body’s commit- Pursuant to clause 1, rule I, the Jour- lives of students. ment to these doctrines and calls for nal stands approved. It is evident that Ms. Kempler has their vigorous enforcement. Mr. MCNULTY. Mr. Speaker, pursu- been an inspiration to her students. As What better way to restore the ant to clause 1, rule I, I demand a vote one student stated, she has the gift of American people’s faith in government on agreeing to the Speaker’s approval finding talent and academic strength and the principle of one person, one of the Journal. in every student and inspires them to vote than to confirm our commitment The SPEAKER. The question is on express it in a positive way. to our current laws as a foundation to the Speaker’s approval of the Journal. Ms. Kempler, presently a 9th grade election reform. This is the first step. The question was taken; and the English and a 12th grade ethics and I urge my colleagues to take the first Speaker announced that the ayes ap- leadership teacher, is committed to ex- step with me. Cosponsor H. Res. 139 and peared to have it. cellence in education. She states, ‘‘Life confirm their commitment to the prin- Mr. MCNULTY. Mr. Speaker, I object is a huge relay race. I am alive and car- ciple of one person, one vote. to the vote on the ground that a rying the baton now. The future de- f quorum is not present and make the pends on me as surely as my genera- MEMORIAL DAY MEMORIAL point of order that a quorum is not tion depended on our teachers and present. their teachers and their teachers.’’ (Mr. GIBBONS asked and was given The SPEAKER. Pursuant to clause 8, Ms. Kempler is an exemplary educa- permission to address the House for 1 rule XX, further proceedings on this tor and a role model whom her stu- minute and to revise and extend his re- question will be postponed. dents should hope to emulate. I ask marks.) The point of no quorum is considered that my congressional colleagues join Mr. GIBBONS. Mr. Speaker, this withdrawn. me in commending Ms. Ellen Kempler week we will be returning back to our

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

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VerDate 11-MAY-2000 01:07 May 25, 2001 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.000 pfrm02 PsN: H24PT1 H2682 CONGRESSIONAL RECORD — HOUSE May 24, 2001 home districts for the Memorial Day There is no good reason why our Fed- Mr. Speaker, it is with great pride District Work Period. Today I wanted eral Tax Code should be nearly as com- that I stand and recognize the honor, to take this opportunity to thank plicated, convoluted and confusing as courage and commitment that has de- those men and women for whom we cel- it is. For years, liberal elitists have fined the men and women of our Na- ebrate Memorial Day every year. Most cried, take the politics out of every- tion’s Armed Forces and to thank other national holidays would have no thing, and the people have lost control those who sacrificed their lives to en- meaning if it were not for the sacrifices over their own government. sure that future generations may enjoy we honor on Memorial Day. This day of Federal bureaucrats know they can the blessings of freedom. recognition represents why so many get away with almost anything, but f sons and daughters of our land and Federal employees who use work com- other lands have dreamed of being puters to visit sex sites, gamble, trade WE NOW KNOW WHO IS IN Americans. No other nation has sac- stocks and visit chat rooms are under- CONTROL HERE IN WASHINGTON rificed so much to secure not only its worked, overpaid and should be fired. (Mr. INSLEE asked and was given freedom but that of other nations. f permission to address the House for 1 We honor those who made the ulti- minute and to revise and extend his re- CALIFORNIA ENERGY CRISIS mate sacrifice for freedom, not only marks.) out of respect and gratitude but be- (Ms. WOOLSEY asked and was given Mr. INSLEE. Mr. Speaker, we now cause heroes will always be needed and permission to address the House for 1 know who is in control here in Wash- treasured. Younger generations need to minute and to revise and extend her re- ington, D.C. In the House, the Repub- know the price our heroes have paid, marks.) licans are in control. In the Senate, the and the souls of those who have paid Ms. WOOLSEY. Mr. Speaker, I rise Democrats are in control. In the White that price need to know it was not this morning in outrage, outrage that House, the oil and gas industry is in made in vein. the White House is working on a tax control. Mr. Speaker, I proudly salute our he- cut for the wealthiest people in this The fact that this line came from a roes. Nation, while my constituents in famous talk show host does not mean f Marin and Sonoma Counties in Cali- it is any less true because while whole- fornia are still dealing with rolling OUR TRADE PROGRAM BEARS THE sale electrical rates from the energy blackouts and skyrocketing energy industry have gone up 500 to 1,000 per- LABEL, MADE IN CHINA bills; while the greedy power compa- cent on the west coast, while my con- (Mr. TRAFICANT asked and was nies are raking in record profits. stituents’ energy costs have doubled, given permission to address the House The White House can and must take this White House has done nothing, ab- for 1 minute and to revise and extend action and they must protect Cali- solutely nothing, to help the energy his remarks.) fornia consumers from runaway prices, Mr. TRAFICANT. Mr. Speaker, China but despite repeated and urgent re- crisis in the short-term in the Western is now taking $100 billion in trade sur- quests from the Democratic California United States. plus from America. Even our trade pro- delegation, President Bush refuses to This White House should listen to the gram bears the label, made in China. order FERC to impose wholesale cost- people they ought to be working for, What is even worse, China considers based rates in California and the west- the people whose hard-earned money is America the enemy and China actually ern region. going to these energy costs. I will say, held Americans hostage. Now if that is With two oilmen in the White House, every single dollar any American may not enough to scare Freddy Krueger, it is no surprise that this administra- get from this tax cut in the next 2 recent reports say China illegally tion has not turned their back in the years, I will say exactly where it is bought U.S. microchips to build new direction of the consumer, has instead going, it is going to the energy costs missiles and to aim them at the United turned their back on the consumer by and enormous spikes in these costs States of America. siding with the oil special interests. that this White House is doing nothing Mr. Speaker, beam me up. The Amer- This is not acceptable. It sets a about. ican taxpayers are funding World War precedent nationwide and not only We call on this President to adopt a III, so help me God. threatens California’s economy but cost-based system. We call on this I yield back the fact that the nature also threatens our Nation’s economy. President to not sit on his hands. We of a dragon is not to negotiate with its f call on him to do something with prey. The nature of a dragon is to kill FERC. MEMORIAL DAY TRIBUTE TO MEN its prey. f AND WOMEN IN U.S. ARMED f FORCES H.R. 1954, THE ILSA EXTENSION FEDERAL EMPLOYEES WHO USE (Mrs. JO ANN DAVIS of Virginia ACT OF 2001 WORK COMPUTERS TO VISIT SEX asked and was given permission to ad- (Mr. GILMAN asked and was given SITES, GAMBLE, TRADE STOCKS dress the House for 1 minute and to re- permission to address the House for 1 AND VISIT CHAT ROOMS ARE vise and extend her remarks.) minute and to revise and extend his re- UNDERWORKED, OVERPAID AND Mrs. JO ANN DAVIS of Virginia. Mr. marks.) SHOULD BE FIRED Speaker, I rise today in observance of Mr. GILMAN. Mr. Speaker, yesterday (Mr. DUNCAN asked and was given the upcoming Memorial Day holiday to along with 200 of my congressional col- permission to address the House for 1 pay tribute to the men and women of leagues, I introduced H.R. 1954, the minute and to revise and extend his re- the U.S. armed services. For the past ILSA Extension Act of 2001, which ex- marks.) 226 years, our military forces have re- tends the provisions of the Iran-Libya Mr. DUNCAN. Mr. Speaker, a few peatedly answered the Nation’s call to Sanctions Act for an additional 5 days ago a front page story in the protect the freedom we all cherish years. Washington Times reported that IRS today. This measure is aimed at dissuading employees used about half their on-line During our Nation’s formative years, foreign companies from investing in time at work to visit sex sites, gamble, brave Americans fought to win freedom Iran and Libya and does not affect any trade stocks and visit chat rooms. I for all. World Wars I and II, Korea, of our American companies. In Iran, we know that people say it is dangerous to Vietnam and the Persian Gulf saw new are confronted with a regime which criticize the IRS, but this is ridiculous. generations of dedicated men and continues to threaten the national se- This article by the Scripps Howard women fight to preserve the hard- curity of the United States and the de- News Service did not come from some earned freedom for our Nation and our struction of Israel. The Libyan govern- enemy of the IRS. This report came allies abroad. Today Americans around ment has failed to take responsibility from the office of the IRS’s own inspec- the world enjoy the security that for its actions in a terrorist attack in tor general. No wonder we read that al- comes from knowing their freedom is bringing down Pan Am Flight 103, kill- most half the advice the IRS itself protected by those currently serving in ing Americans, British and others. gives out is wrong. the U.S. Armed Forces. ILSA has been effective in slowing

VerDate 11-MAY-2000 23:56 May 24, 2001 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.002 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2683 down any investment in Iran and in no responsibility for the newly deregu- We need long-term solutions that en- Libya. The ILSA Extension Act will lated energy market place, and that courage exploration, increase refining enable our Nation to continue our ef- put us in the situation we are in right capacity, and help Americans conserve forts to pressure Iran and Libya to con- now, especially for San Diego, because energy. But, in the short term, we need form to acceptable standards of behav- San Diego Gas & Electric is a private to aggressively protect consumers, in- ior within the international commu- industry and cannot buy inexpensive vestigate price fixing, and consider re- nity. I invite our colleagues to join us public power. leasing oil from the Strategic Petro- in this important issue. There were two natural gas power leum Reserve to moderate the effects f generators, two different types, built of price spikes. The administration has to be environmentally safe. The Presi- rejected these options out of hand. REAL TAX RELIEF IS NEEDED dent offered to help Gray Davis obtain What is their solution? What does the (Mr. POMEROY asked and was given these generators. Gov. Davis said, we President say? Drill in the Arctic Na- permission to address the House for 1 do not need them. Another company tional Reserve and relax clean water minute and to revise and extend his re- upgraded its energy plant and went to and air standards. marks.) get the operating license from Gray Last week, the President suggested Mr. POMEROY. Mr. Speaker, House Davis, our governor said, if you that his tax cut will solve the energy and Senate conferees are grinding away unionize this plant, I will give you crisis, a bizarre and a disconnected on a massive budget reconciliation act, your license. idea. That hard-earned refund, my rushing to try and complete business The biggest problem we face in Cali- friends, should not go into the pockets before we leave for the Memorial Day fornia is the governor of California, he of the energy executives who are al- recess. has failed us in his handling of this en- ready making outrageous profits at the I believe there are three questions we ergy crisis. expense of hard-pressed American fam- can appropriately raise about the tax f ilies. relief proposed in this act. Is it fair? Is I call on the President to say ‘‘no’’ to CALIFORNIA NEEDS IMMEDIATE his big oil and big energy friends. Say it timely? Does it allow for other prior- RELIEF FROM ENERGY COSTS ities? ‘‘yes’’ to America’s families that need (Ms. SOLIS asked and was given per- First, is it fair? In the Senate help with rising gas and energy prices. mission to address the House for 1 version, the top 1 percent of wage earn- f minute and to revise and extend her re- ers in this country get 35 percent of the marks.) POLITICS AND THE ENERGY relief. The top 10 percent, most affluent Ms. SOLIS. Mr. Speaker, as a rep- CRISIS 10 percent, get half, 54 percent, of the resentative from the great State of (Mr. BALDACCI asked and was given relief. The lowest paid 40 percent of us California, I have to tell my colleagues permission to address the House for 1 in this country get 7 percent under this that my constituents are angry. We minute and to revise and extend his re- tax bill. The bottom 20 percent get a have had to sit through blackouts; we marks.) single percent of the relief. have had to see the increase in our gas- Mr. BALDACCI. Mr. Speaker, a short b 1015 oline prices, and a loaf of bread, by the while ago Senator JIM JEFFORDS an- way, has gone up as well. People are nounced he was changing his registra- Is it timely? It is not phased in for suffering. They are crying out for this tion to be an Independent and not be a years. The phase-in on the marriage government, for FERC to do some- Republican anymore and, in that state- penalty relief does not even begin until thing, the Federal Energy Regulatory ment, he also talked about the dif- 4 years from now. That is not marriage Commission. We are waiting for their ferences of opinion he has with the ad- penalty relief, that is a distant anni- action. We are not seeing anything. ministration in regards to energy and versary present, much less than is rep- Last year, California had to pay $30 the environment. resented in the tax bill. per megawatt hour. This time, it is al- I first want to say how pleased I am Finally, is there room for other pri- most $2,000 an hour. People in my dis- with Senator JEFFORDS’ decision and orities? There is not a dollar of addi- trict whose average income is about how well regarded he is as someone tional defense spending as soon to be $31,000 cannot afford to live through who is very thoughtful and fair and recommended by the Secretary of De- this summer. We need immediate ac- very much a public servant, and with fense contained in this budget. It raises tion; we need relief. We do not want to the public interests in mind. We in New the prospect that we will be raiding the see drilling. We want to see clean England appreciate that. trust funds, and the tax bill should be water, we want to see our energy re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE defeated. stored. We do not have a problem with The SPEAKER pro tempore (Mr. f the supply, as was stated earlier by my LAHOOD). The Chair would remind all ENERGY CRISIS IN CALIFORNIA colleague. What we see here in Cali- Members that debate in the House may fornia is the very fact that energy pro- not include personal references to Sen- (Mr. CUNNINGHAM asked and was ducers from out of State, from Texas, ators. The gentleman may proceed. given permission to address the House who are now making these policy deci- Mr. BALDACCI. Mr. Speaker, we rec- for 1 minute and to revise and extend sions on energy, are the ones that are ognize that the interest of the public his remarks.) robbing our consumers in California. have not been represented. Mr. CUNNINGHAM. Mr. Speaker, my I ask for my colleagues to vote down If we look at this proposal that has colleagues on the other side spoke this proposal on energy and also this been put forward by the administration about the California energy problem. infamous tax cut that will not benefit where it talks about just the supply, it There is a desperate problem in Cali- the residents in my district. talks about drilling in the Arctic Na- fornia and all over the West Coast. f tional Wildlife Refuge. Had this Con- However, I want to tell my col- gress and the leadership in this House leagues, special interests have kept us SAY NO TO BIG OIL not earmarked out raising the fuel effi- from building power plants in the State (Ms. DELAURO asked and was given ciency standards, we would not need to of California for over 20 years. While permission to address the House for 1 be doing that drilling, because we our population growth has increased, minute and to revise and extend her re- would be getting twice as much oil out our ability to produce our own power marks.) of the fuel efficiency and out of the has reduced. They have stopped nuclear Ms. DELAURO. Mr. Speaker, Amer- savings we would have gotten from power, they have stopped new gener- ica’s families are struggling with high conservation. This administration has ating power, and now we are facing the energy costs, but the Bush administra- eliminated the scientific research and biggest crisis in decades. At a time tion is more interested in catering to development so that we could be able when most of our power generators in the needs of big oil and energy compa- to better generate more energy effi- California were forced to be outside the nies, rather than helping the working- ciency, both in our automobiles and ve- State because of these special interest and middle-class families that need hicles and in our manufacturing and groups, Governor Gray Davis, exercised their relief now. small businesses.

VerDate 11-MAY-2000 23:56 May 24, 2001 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.004 pfrm02 PsN: H24PT1 H2684 CONGRESSIONAL RECORD — HOUSE May 24, 2001 We must reject this. It represents the PRESIDENT BUSH SHOULD STOP sponsibility to pass huge tax cuts for special interests and not the public in- SUPPORTING BIG OIL AND SUP- the very wealthy while, at the same terest, and many public servants PORT THE AMERICAN PEOPLE time, not even providing any assist- throughout this country are signing (Mr. DEFAZIO asked and was given ance in the budget for the Low-Income on. permission to address the House for 1 Home Energy Assistance Program. f minute and to revise and extend his re- Also, cutting funding for renewable en- ergy research and also neglecting to TAX CUT EATS UP ENERGY COSTS marks.) Mr. DEFAZIO. Mr. Speaker, the get a national energy policy in place to (Mr. BACA asked and was given per- chairman of the Federal Energy Regu- help consumers. This is the height of mission to address the House for 1 latory Commission, hand-picked by irresponsibility. minute and to revise and extend his re- President George Bush, Mr. Hebert, has The LIHEAP program helps low-in- marks.) chosen to turn a blind eye toward the come Americans pay their utility bills. Mr. BACA. Mr. Speaker, President price gouging and market manipula- It is severely underfunded, so we must Bush and Vice President CHENEY have tion which is enriching a few huge en- fight for an increase in LIHEAP fund- turned their backs on the people of ergy companies, several of which hap- ing this year for our senior citizens and California. What we need them to do is pen to be based in Houston, Texas, at our low-income residents. to step up to the plate and swing the the expense of tens of millions of peo- Finally, this energy crisis has gotten bat. ple in the Western United States. so bad that many of our California Millions are suffering because of It is not only Californians who are State legislators and the city of Oak- their indifference, their protection of suffering. We are paying a higher aver- land have joined together to file a law- oil big businesses versus the people of age price in the wholesale market in suit to make sure that the Federal En- California. We need to protect our con- Oregon and Washington than they are ergy Regulatory Commission establish sumers. Instead of making out-of-State in California, and it is not necessary. It just and reasonable prices. It is uncon- generators play fair, they are letting is manipulated. scionable that the price gouging con- them lead America. Let us look at one company, Reliant tinues to go on, and that our residents We are hemorrhaging. Our seniors in California are going to face a very should not have to choose between Power. Profits up by 1,800 percent in one year. Is that not grand, from $27 serious hot summer. electricity and food. Our schools and Mr. Speaker, we must move forward factories should not have to suffer or million to $482 million. But on Sunday, the San Francisco Chronicle revealed with price caps. We must insist that close their doors. our Federal Government insist that the This is about children in San that they are blatantly manipulating the market. They have phone lines be- FERC do this, and we must do this Bernardino crosswalks. This is about right away. protecting jobs, having the lights tween their traders and their trade f turned on. This is about working fami- rooms and their plant operators in lies. This is about individuals who are California, and when the price of en- BLIND CHOICES suffering because President Bush has ergy drops, they shut the plants off and turn the lights out. (Mr. OWENS asked and was given failed to take on the responsibilities. permission to address the House for 1 It was said earlier that it was Gov- The SPEAKER pro tempore. The time of the gentleman has expired. minute and to revise and extend his re- ernor Gray Davis. No, deregulation was marks.) started by Pete Wilson who actually Mr. DEFAZIO. And then when the price skyrockets, they turn them back Mr. OWENS. Mr. Speaker, the spirit had the State of California deregulate. of Tiananmen Square, blind and ex- We are suffering because the Repub- on. They are destroying the plants, they are destroying the economy, and treme, has invaded decisions about en- lican Party thought there would be ergy policies in California. The same enough energy. We do not have the en- the Bush administration and their hand-picked chair of the Federal En- spirit of the tanks in Tiananmen ergy. We need the President to step up Square has invaded the latest decisions to the plate. A tax cut will not make ergy Regulatory Commission are refus- ing to take the actions required under with respect to Vieques in Puerto Rico. up for the skyrocketing bills. Let us Both the Navy and a Federal judge are put on a price cap. the law to stop unjust and unreason- able price gouging and market manipu- blindly pursuing a policy which rules f lation. out the choices of the people, refuses to FUTURE HOLDS EXPLODING The SPEAKER pro tempore. The recognize the choices of the people, and EXPENDITURES AND DEFICITS time of the gentleman has expired. have resorted to measures like putting people in jail for 90 days. (Mr. HOYER asked and was given Mr. DEFAZIO. It is past time for the Bush administration to stop supporting One New York leader, Al Sharpton, permission to address the House for 1 has now been sentenced to 90 days in minute and to revise and extend his re- the energy companies and support the American people. jail in Puerto Rico, and several other marks.) political leaders have been sentenced Mr. HOYER. Mr. Speaker, in 1981, we f to 40 days in jail. ushered in a decade of profligate spend- ANNOUNCEMENT BY THE SPEAKER ing and exploding deficits. In 1990, we b 1030 PRO TEMPORE passed a budget bill that was tough and This kind of extremism will only it helped bring down those deficits and The SPEAKER pro tempore. The make martyrs of people and also will bring us a surplus. In 1993, we took an- Chair would appreciate it if the Mem- call for an invasion of Vieques. The other action which was tough and bers would abide by the 1-minute time Navy does not need Vieques that badly. helped bring down those deficits and limit. We should listen to the will of the peo- create the surpluses. In 1997, in a bipar- f ple, not have a blind eye similar to the tisan way, we passed a bill that was tanks that rolled over the will of the tough and helped bring down deficits FERC MUST INSTITUTE PRICE people at Tiananmen Square. and create surpluses. We now wait on a CAPS Mr. Speaker, judges have done conference report that will again, as we (Ms. LEE asked and was given per- enough harm also in this generation did 20 years ago, usher in a decade of mission to address the House for 1 and should stop seeking their 15 min- exploding expenditures and exploding minute and to revise and extend her re- utes of fame. This judge is wrong. deficits. That is irresponsible. marks.) These sentences are wrong. Vieques We passed a personal bankruptcy bill Ms. LEE. Mr. Speaker, at a time should be set free. that said we expected each citizen of when my home State of California and f America to be personally responsible. more and more States in this country Mr. Speaker, it is equally important are dealing with the most severe en- RISE IN ENERGY PRICES that we be collectively responsible and ergy crisis in the past several decades, (Mr. WELLER asked and was given reject this bad policy for America. I believe it is really the height of irre- permission to address the House for 1

VerDate 11-MAY-2000 23:56 May 24, 2001 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.009 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2685 minute and to revise and extend his re- Mr. MCNULTY. Mr. Speaker, like Mr. MCNULTY. Mr. Speaker, I object marks.) many Americans, I like to go around to the vote on the ground that a Mr. WELLER. Mr. Speaker, I have bragging about how we live in the quorum is not present and make the been enjoying some of the rhetoric I freest and most open democracy on the point of order that a quorum is not have been hearing from some of my face of the Earth, but freedom is not present. friends on the other side of the aisle free. The SPEAKER pro tempore. Evi- today. Clearly, when it comes to a rise We paid a tremendous price for it. I dently a quorum is not present. in energy prices, the policies of my try not to let a day go by without re- The Sergeant at Arms will notify ab- friends on the left side of the aisle is membering with gratitude all of those sent Members. very simple, and that is called pass the who, like my brother Bill, made the su- The vote was taken by electronic de- buck. preme sacrifice, to remember all of vice, and there were—yeas 336, nays 71, They talk about the California en- those who, like some of the people I am answered ‘‘present’’ 1, not voting 24, as ergy crisis. Who has been in charge in looking at in this Chamber right now, follows: California? A Democratic governor, a were willing to put their lives on the Democratic State legislature. Who pre- line for all that we hold dear. [Roll No. 147] vented the power plants from being As we approach Memorial Day in the YEAS—336 built over the last decade? A Demo- year 2001, I am going to try to continue Abercrombie DeLay Johnson (CT) cratic governor, a Democratic State to keep my priorities straight and to Ackerman DeMint Johnson (IL) Akin Deutsch Johnson, Sam legislature. do every day what I am doing this Allen Dicks Jones (NC) Of course, we at the national level in morning. I thank God for my life. I Andrews Dingell Kanjorski Chicago are seeing over $2 gasoline. thank veterans for my way of life. Armey Dooley Kaptur Why? Because a Democratic adminis- Baca Doolittle Keller f Bachus Doyle Kelly tration in the White House failed for 8 TRANSPORTATION CONGESTION Baker Dreier Kennedy (RI) years to do anything about energy. Baldwin Duncan Kerns We have a new President that has (Mr. KIRK asked and was given per- Ballenger Dunn Kildee Barcia 1 mission to address the House for 1 Edwards Kilpatrick been in office now for 4 ⁄2 months, 5 Barr Ehlers Kind (WI) months. He inherited clearly serious minute and to revise and extend his re- Barrett Ehrlich King (NY) energy problems. He has now come for- marks.) Bartlett Emerson Kingston ward with an energy proposal which de- Mr. KIRK. Mr. Speaker, I would like Barton Engel Kirk Bass Eshoo Kleczka serves bipartisan support. to thank the gentleman from Alaska Bentsen Etheridge Knollenberg The bottom line is we need to con- (Mr. YOUNG) for his diligent work this Bereuter Evans Kolbe serve. We need to find new domestic week in addressing the increasing prob- Berkley Everett LaFalce lem of transportation congestion in our Berman Farr LaHood sources, and we must reduce our inde- Berry Fattah Lampson pendence on imported oil. Nation. Biggert Ferguson Langevin f As a Member of Congress who rep- Bilirakis Flake Lantos resents a suburban district that has ex- Bishop Fletcher Largent ENERGY CRISIS REQUIRES ACTION Blagojevich Foley Latham perienced a great deal of growth, I see Blumenauer Ford Leach (Mr. BERRY asked and was given the importance of a well-maintained Blunt Fossella Lewis (CA) permission to address the House for 1 and modern transportation system on a Boehlert Frank Lewis (GA) minute and to revise and extend his re- daily basis. Boehner Frelinghuysen Lewis (KY) Bonilla Frost Linder marks.) The residents of the 10th Congres- Bono Gallegly Lipinski Mr. BERRY. Mr. Speaker, we defi- sional District of Illinois consistently Boswell Ganske Lofgren nitely have an energy crisis in this ranked transportation needs as one of Boucher Gekas Lowey country. There is no question about it, Boyd Gibbons Lucas (KY) the primary challenges facing our way Brady (TX) Gilchrest Lucas (OK) and it is time for us to find a solution. of life. Our region is gripped by high- Brown (FL) Gilman Luther It does us no good to try to blame way gridlock and exacerbated by con- Brown (SC) Gonzalez Maloney (CT) each other. The President and the Re- tinued outward expansion of residen- Bryant Goode Maloney (NY) Burr Goodlatte Markey publicans put forth their energy policy tial and commercial properties. Buyer Gordon Mascara last week. It calls for more production. Mr. Speaker, our Nation’s transpor- Callahan Goss Matheson We agree with that. It is a partial solu- tation infrastructure is critical to our Calvert Graham Matsui tion. social and economic vitality. We must Camp Granger McCarthy (MO) Cannon Graves McCarthy (NY) We know we are going to have to continue to improve local commuter Cantor Green (WI) McCollum have increased production. I was dis- rail lines that will bring thousands of Capito Greenwood McHugh appointed that it did not call for in- automobiles off congested roadways. Capps Grucci McInnis Cardin Gutierrez McIntyre creased production from the OPEC It will also help us meet the man- Carson (IN) Hall (TX) McKeon countries on the short term. dates of the Clean Air Act; and, addi- Carson (OK) Hansen McKinney We are the greatest economic power tionally, we need to invest in high- Castle Harman Meehan on the face of the Earth. And if we can speed rail that will give an alternative Chabot Hart Mica Chambliss Hastings (WA) Millender- be held hostage by OPEC in this time, to congested airports. Clay Hayes McDonald then we are not the greatest economic Mr. Speaker, I look forward to work- Clayton Hayworth Miller (FL) power on the face of the Earth; and we ing with the gentleman from Alaska on Clement Herger Miller, Gary Clyburn Hill Mollohan should recognize that and deal with it this matter and thank him for the Coble Hobson Moran (KS) appropriately. commitment this week to fighting con- Collins Hoeffel Moran (VA) We know that conservation is the gestion. Combest Holden Morella cheapest and quickest way to help our Conyers Holt Myrick f Cooksey Honda Napolitano situation. We know that alternative THE JOURNAL Cox Hooley Ney energy sources are important and Coyne Horn Northup should be researched and developed as The SPEAKER pro tempore (Mr. Cramer Hostettler Norwood LAHOOD). Pursuant to clause 8, rule Crenshaw Houghton Nussle is appropriate. We know that the Fed- Culberson Hoyer Obey eral Energy Regulatory Commission XX, the pending business is the ques- Cummings Hunter Ortiz should do the responsible thing. tion of agreeing to the Speaker’s ap- Cunningham Hutchinson Osborne Davis (CA) Hyde Ose f proval of the Journal of the last day’s proceedings. Davis (FL) Inslee Otter FREEDOM IS NOT FREE Davis (IL) Isakson Owens The question is on the Speaker’s ap- Davis, Jo Ann Israel Oxley (Mr. MCNULTY asked and was given proval of the Journal. Davis, Tom Issa Pascrell permission to address the House for 1 The question was taken; and the Deal Istook Pastor DeGette Jackson (IL) Paul minute and to revise and extend his re- Speaker pro tempore announced that Delahunt Jenkins Payne marks.) the ayes appeared to have it. DeLauro John Pelosi

VerDate 11-MAY-2000 23:56 May 24, 2001 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.012 pfrm02 PsN: H24PT1 H2686 CONGRESSIONAL RECORD — HOUSE May 24, 2001 Pence Sandlin Taylor (NC) the rest of the day and the remainder weekend. I do not believe it will come Peterson (PA) Sawyer Terry Petri Saxton Thomas of the week. to that, but we obviously all need to be Pickering Scarborough Thornberry Obviously, we are all very excited. prepared for that possibility. Pitts Schiff Thune We are very pleased about what we did Mr. RANGEL. Mr. Speaker, will the Platts Schrock Thurman in this Chamber last night with respect distinguished majority leader yield? Pombo Sensenbrenner Tiahrt Mr. ARMEY. I am happy to yield to Portman Serrano Tiberi to the education of our children. We Price (NC) Sessions Tierney have an opportunity now, in the final the gentleman from New York. Pryce (OH) Shadegg Toomey moments of completing a conference Mr. RANGEL. When the majority Putnam Shaw Towns report on a tax reduction that is an- leader refers to the conference, is he Quinn Shays Traficant talking about the conference that the Radanovich Sherman Udall (CO) ticipated by the whole Nation, for Regula Sherwood Upton which we have a commitment by both Speaker selected, you, me, and my Rehberg Shimkus Vitter bodies and the White House, to get that chairman, to attend? Reyes Shows Walden Mr. ARMEY. I believe, obviously, I work done this weekend. The Members, Reynolds Shuster Walsh am referring to the conference that of course, are anxious about their own Rivers Simmons Wamp was appointed in both bodies to con- Rodriguez Simpson Watkins plans with respect to their pending Dis- sider the final disposition of the reduc- Roemer Skeen Watt (NC) trict Work Period time with their con- Rogers (KY) Skelton Watts (OK) tion in taxes. Rogers (MI) Smith (MI) Waxman stituents and with their families. So Mr. RANGEL. Will the majority lead- Rohrabacher Smith (NJ) Weiner let me tell you what I can tell you now. er yield further? Ros-Lehtinen Smith (TX) Weldon (FL) We will soon be reconvening the con- Ross Smith (WA) Weldon (PA) Mr. ARMEY. I am happy to yield to Rothman Snyder Whitfield ference between our body and the other the gentleman. Roukema Solis Wicker body. It is, of course, all of our hopes Mr. RANGEL. So when you are talk- Roybal-Allard Spence Wilson that that can go smoothly and expedi- ing about the conference, that includes Royce Spratt Wolf tiously, but one can never know. So as Rush Stearns Woolsey me? Ryan (WI) Stump Wu it is now, I will be returning to that Mr. ARMEY. I believe the gentleman Ryun (KS) Sununu Wynn conference, we will be keeping the from New York was appointed from the Sanchez Tauscher Members as posted as we can, as timely Chair just yesterday. Sanders Tauzin as we have any information that might Mr. RANGEL. Will the majority lead- NAYS—71 be helpful to you in making your plans. er yield further? Aderholt Hoekstra Pomeroy We will get that out to you through Mr. ARMEY. I am happy to yield to Baird Hulshof Ramstad our whip notices or otherwise. the gentleman from New York. Baldacci Jefferson Rangel It would be my effort to come back Mr. RANGEL. Then last night, the Bonior Johnson, E. B. Riley meeting that took place as relates to Borski Jones (OH) Sabo to this floor at 5 o’clock with another Brady (PA) Kennedy (MN) Schaffer update, so that at least if we do not the Senate and House bill, we would Brown (OH) Kucinich Schakowsky have any definitive information before not call that a conference, now, would Capuano Larsen (WA) Scott we? Condit Lee Slaughter then, you can get some information at that time about what it is we hope to Mr. ARMEY. We would call that a Costello Levin Stark meeting where we hoped to get things Crane LoBiondo Stenholm do. Members should be advised, I think Crowley McDermott Strickland as of now, definitely there will be no done. And, obviously, when it becomes DeFazio McGovern Stupak time to complete the work, there will votes before 7 o’clock tonight. If things Doggett McNulty Sweeney be, I am sure, some formal meeting of English Meeks (NY) Tanner go well, it is possible we could return the conferees, their signatures will be Filner Miller, George Taylor (MS) and complete the work on the tax bill attached, it will be announced to the Gephardt Mink Thompson (CA) this evening. If it is not done this Green (TX) Moore Thompson (MS) body, and we will be happy to come Gutknecht Neal Turner evening, we will get that information back here and make our votes in favor Hastings (FL) Oberstar Udall (NM) to you as quickly as possible and then of it and move on to go home and cele- Hefley Olver Visclosky we would find ourselves looking for and Hilleary Pallone Waters brate our good deeds with our constitu- Hilliard Peterson (MN) Weller hoping for a chance to complete the ents back home. Hinchey Phelps work tomorrow. Mr. RANGEL. If the gentleman will ANSWERED ‘‘PRESENT’’—1 I would hope, as you all do, that we yield further, I am just trying to clear could do that tomorrow, but we have Tancredo up when we are having conferences been through these things before and it with Republicans and when we are hav- NOT VOTING—24 is a very big bill. There are many Mem- ing conferences as designated by the Jackson-Lee Murtha bers in both bodies that have heartfelt Speaker, because since you do not in- Becerra (TX) Nadler interests in the bill. The conference tend to really tell us what is going on Burton Larson (CT) Nethercutt could, in fact, take some time to work Cubin LaTourette Rahall as a body until 5 o’clock, if the legisla- Diaz-Balart Manzullo Souder all those things out. tive conference is going to take place Gillmor McCrery Velazquez So what I would ask the Members to Meek (FL) Wexler at 5 o’clock, then I would like to know Hall (OH) do is, one, be of good cheer. We are while you have your conferences lead- Hinojosa Menendez Young (AK) Moakley Young (FL) doing something important for the Na- ing up to that. tion. It is difficult, but we are called Mr. ARMEY. I thank the gentleman b 1058 upon in this body at times to make dif- for his comments. Mr. MEEKS of New York changed his ficult personal sacrifices. Mr. RANGEL. Well, you did not an- vote from ‘‘yea’’ to ‘‘nay.’’ We will go to the conference, com- swer, though. Mr. MCINNIS changed his vote from mence with the conference, move as f ‘‘nay’’ to ‘‘yea.’’ quickly as we can and keep you as well RECESS So the Journal was approved. informed as possible. But I can say now The result of the vote was announced you will not expect a vote in this The SPEAKER pro tempore (Mr. as above recorded. Chamber before 7 o’clock. We will get LAHOOD). Pursuant to clause 12 of rule you updated information by 5 o’clock I, the Chair declares the House in re- f and you ought to be prepared to re- cess subject to the call of the Chair. b 1100 main. Accordingly (at 11 o’clock and 7 min- Let me just make the point that it is utes a.m.), the House stood in recess LEGISLATIVE PROGRAM very clearly the intention of this body subject to the call of the Chair. (Mr. ARMEY asked and was given and of the other body to not adjourn f permission to address the House for 1 for the Memorial Day District Work b 1701 minute and to revise and extend his re- Period until this work is done, the con- marks.) ference is completed in both bodies and AFTER RECESS Mr. ARMEY. Mr. Speaker, this is to sent to the President. So that could The recess having expired, the House advise the Members of the schedule for mean we would be here throughout the was called to order by the Speaker pro

VerDate 11-MAY-2000 23:56 May 24, 2001 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.001 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2687 tempore (Mr. LAHOOD) at 5 o’clock and riod of time after 4 p.m. tomorrow it Strike out all after the enacting clause and 1 minute p.m. takes to complete the work. insert: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. f Mr. Speaker, I want to thank Mem- bers for their cooperation and, I might (a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans’ Survivor Benefits Improvements REPORT ON RESOLUTION WAIVING add, their good humor. These are dif- REQUIREMENT OF CLAUSE 6(a) Act of 2001’’. ficult times. We all have important (b) TABLE OF CONTENTS.—The table of con- OF RULE XIII WITH RESPECT TO things we would like to do back home tents for this Act is as follows: CONSIDERATION OF CERTAIN that we have been planning to do at Sec. 1. Short title; table of contents. RESOLUTIONS home. We have, of course, time with Sec. 2. References to title 38, United States Mr. REYNOLDS, from the Com- our family that is so important to all Code. Sec. 3. Eligibility for benefits under CHAMPVA mittee on Rules, submitted a privi- of us. The Members on this occasion are for veterans’ survivors who are el- leged report (Rept. No. 107–80) on the igible for hospital insurance bene- resolution (H. Res. 149) waiving a re- being called upon to do, as it were, fits under the medicare program. quirement of clause 6(a) of rule XIII extra, difficult work, extra, difficult Sec. 4. Family coverage under Servicemembers’ with respect to consideration of certain hours, the reward being, of course, to Group Life Insurance. resolutions reported from the Com- all the tax-paying constituents in their Sec. 5. Retroactive applicability of increase in mittee on Rules, which was referred to district. maximum SGLI benefit for mem- Mr. Speaker, I, for one, would like to bers dying in performance of duty the House Calendar and ordered to be on or after October 1, 2000. printed. just appreciate everybody for their Sec. 6. Expansion of outreach efforts to eligible good humor and their good work. f dependents. f Sec. 7. Technical amendments to the Mont- REPORT ON RESOLUTION WAIVING gomery GI Bill statute. REQUIREMENT OF CLAUSE 6(a) HOUR OF MEETING ON TOMORROW Sec. 8. Miscellaneous technical amendments. OF RULE XIII WITH RESPECT TO Mr. ARMEY. Mr. Speaker, I ask SEC. 2. REFERENCES TO TITLE 38, UNITED CONSIDERATION OF CERTAIN STATES CODE. unanimous consent that when the Except as otherwise expressly provided, when- RESOLUTIONS House adjourns today, it adjourn to ever in this Act an amendment or repeal is ex- Mr. REYNOLDS, from the Com- meet at 10 a.m. tomorrow. pressed in terms of an amendment to, or repeal mittee on Rules, submitted a privi- The SPEAKER pro tempore. Is there of, a section or other provision, the reference leged report (Rept. No. 107–81) on the objection to the request of the gen- shall be considered to be made to a section or resolution (H. Res. 150) waiving a re- tleman from Texas? other provision of title 38, United States Code. There was no objection. SEC. 3. ELIGIBILITY FOR BENEFITS UNDER quirement of clause 6(a) of rule XIII CHAMPVA FOR VETERANS’ SUR- with respect to consideration of certain f VIVORS WHO ARE ELIGIBLE FOR HOSPITAL INSURANCE BENEFITS resolutions reported from the Com- COMMUNICATION FROM THE mittee on Rules, which was referred to UNDER THE MEDICARE PROGRAM. CLERK OF THE HOUSE Subsection (d) of section 1713 is amended to the House Calendar and ordered to be The SPEAKER pro tempore laid be- read as follows: printed. ‘‘(d)(1)(A) An individual otherwise eligible for fore the House the following commu- f medical care under this section who is also enti- nication from the Clerk of the House of tled to hospital insurance benefits under part A LEGISLATIVE PROGRAM Representatives: of the medicare program is eligible for medical (Mr. ARMEY asked and was given OFFICE OF THE CLERK, care under this section only if the individual is also enrolled in the supplementary medical in- permission to address the House for 1 HOUSE OF REPRESENTATIVES, Washington, DC, May 24, 2001. surance program under part B of the medicare minute.) Hon. J. DENNIS HASTERT, program. Mr. ARMEY. Mr. Speaker, let me Speaker, House of Representatives, ‘‘(B) The limitation in subparagraph (A) does say, first of all, the discussions on the Washington, DC. not apply to an individual who— very important tax reduction bill that DEAR MR. SPEAKER: Pursuant to the per- ‘‘(i) has attained 65 years of age as of the date the Nation is so excited about are con- mission granted to Clause 2(h) of Rule II of of the enactment of the Veterans’ Survivor Ben- tinuing. the Rules of the U.S. House of Representa- efits Improvements Act of 2001; and tives, the Clerk received the following mes- ‘‘(ii) is not enrolled in the supplementary med- Members should be advised, Mr. ical insurance program under part B of the Speaker, that we would expect no votes sage from the Secretary of the Senate on May 24, 2001 at 2:58 p.m. medicare program as of that date. on the floor of the House before 4 p.m. That the Senate passed with amendments ‘‘(2) Subject to paragraph (3), if an individual tomorrow. Members should be here H.R. 8801. described in paragraph (1) receives medical care ready to vote by 4 p.m. in the after- With best wishes, I am for which payment may be made under both this noon tomorrow. Sincerely, section and the medicare program, the amount payable for such medical care under this section Members should be prepared, when JEFF TRANDAHL, Clerk of the House. shall be the amount by which (A) the costs for they present themselves here at 4 p.m., such medical care exceed (B) the sum of— to remain here in town available for f ‘‘(i) the amount payable for such medical care votes throughout the evening and under the medicare program; and VETERANS OPPORTUNITIES ACT throughout Saturday. Hopefully, it will ‘‘(ii) the total amount paid or payable for OF 2001 not be necessary beyond that, but such medical care by third party payers other Members should return for those votes Mr. SMITH of New Jersey. Mr. than the medicare program. Speaker, I ask unanimous consent to ‘‘(3) The amount payable under this sub- and be prepared to stay here in town to section for medical care may not exceed the total complete the work through the remain- take from the Speaker’s table the bill amount that would be paid under subsection (b) der of the day, the evening and through (H.R. 801) to amend title 38, United if payment for such medical care were made Saturday. States Code, to improve programs of solely under subsection (b). Mr. Speaker, I would encourage educational assistance, to expand pro- ‘‘(4) In this paragraph: Members if they are planning on trav- grams of transition assistance and out- ‘‘(A) The term ‘medicare program’ means the eling at all, if they are planning on reach to departing servicemembers, program of health insurance administered by veterans, and dependents, to increase the Secretary of Health and Human Services taking a short jaunt back home, and I under title XVIII of the Social Security Act (42 hope they can, that they check with burial benefits, to provide for family U.S.C. 1395 et seq.). the Whip’s office or with the cloak- coverage under Servicemembers’ Group ‘‘(B) The term ‘third party’ has the meaning room so that we are able to notify you. Life Insurance, and for other purposes, given that term in section 1729(i)(3) of this In any event, we will be on the floor. with Senate amendments thereto, and title.’’. We will be doing business at 4 p.m. to- concur in the Senate amendments. SEC. 4. FAMILY COVERAGE UNDER The Clerk read the title of the bill. SERVICEMEMBERS’ GROUP LIFE IN- morrow, and it is the intention of the SURANCE. House and the other body for us to then The Clerk read the Senate amend- (a) INSURABLE DEPENDENTS.—(1) Section 1965 continue the work until it is completed ments, as follows: is amended by adding at the end the following in both bodies throughout whatever pe- Senate amendments: new paragraph:

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 6333 E:\CR\FM\K24MY7.022 pfrm02 PsN: H24PT1 H2688 CONGRESSIONAL RECORD — HOUSE May 24, 2001 ‘‘(10) The term ‘insurable dependent’, with re- ‘‘(E) In the case of an insurable dependent (3) Subsection (b)(1)(A) of such section is spect to a member, means the following: who is a spouse, the date of marriage of the amended by inserting ‘‘(to insure against death ‘‘(A) The member’s spouse. spouse to the member. of the member only)’’ after ‘‘converted to Vet- ‘‘(B) The member’s child, as defined in the ‘‘(F) In the case of an insurable dependent erans’ Group Life Insurance’’. first sentence of section 101(4)(A) of this title.’’. who is a child, the date of birth of such child or, (d) PREMIUMS.—Section 1969 is amended by (2) Section 101(4)(A) is amended in the matter if the child is not the natural child of the mem- adding at the end the following new sub- preceding clause (i) by inserting ‘‘(other than ber, the date on which the child acquires status sections: with respect to a child who is an insurable de- as an insurable dependent of the member.’’. ‘‘(g)(1)(A) During any period in which a pendent under section 1965(10)(B) of such chap- (2) Subsection (c) of such section is amended spouse of a member is insured under this sub- ter)’’ after ‘‘except for purposes of chapter 19 of by striking the first sentence and inserting the chapter and the member is on active duty, there this title’’. following: ‘‘If a person eligible for insurance shall be deducted each month from the member’s (b) INSURANCE COVERAGE.—(1) Subsection (a) under this subchapter is not so insured, or is in- basic or other pay until separation or release of section 1967 is amended to read as follows: sured for less than the maximum amount pro- from active duty an amount determined by the ‘‘(a)(1) Subject to an election under para- vided for the person under subparagraph (A) of Secretary as the premium allocable to the pay graph (2), any policy of insurance purchased by subsection (a)(3), by reason of an election made period for providing that insurance coverage. No the Secretary under section 1966 of this title by a member under subparagraph (B) of that premium may be charged for providing insur- shall automatically insure the following persons subsection, the person may thereafter be insured ance coverage for a child. against death: under this subchapter in the maximum amount ‘‘(B) During any month in which a member is ‘‘(A) In the case of any member of a uni- or any lesser amount elected as provided in such assigned to the Ready Reserve of a uniformed formed service on active duty (other than active subparagraph (B) upon written application by service under conditions which meet the quali- duty for training)— the member, proof of good health of each person fications set forth in section 1965(5)(B) of this ‘‘(i) the member; and (other than a child) to be so insured, and com- title and the spouse of the member is insured ‘‘(ii) each insurable dependent of the member. pliance with such other terms and conditions as under a policy of insurance purchased by the ‘‘(B) Any member of a uniformed service on may be prescribed by the Secretary.’’. Secretary under section 1966 of this title, there shall be contributed from the appropriation active duty for training or inactive duty train- (c) TERMINATION OF COVERAGE.—(1) Sub- ing scheduled in advance by competent author- section (a) of section 1968 is amended— made for active duty pay of the uniformed serv- ity. (A) in the matter preceding paragraph (1), by ice concerned an amount determined by the Sec- ‘‘(C) In the case of any member of the Ready inserting ‘‘and any insurance thereunder on retary (which shall be the same for all such Reserve of a uniformed service who meets the any insurable dependent of such a member,’’ members) as the share of the cost attributable to qualifications set forth in section 1965(5)(B) of after ‘‘any insurance thereunder on any member insuring the spouse of such member under this this title— of the uniformed services,’’; and policy, less any costs traceable to the extra haz- ‘‘(i) the member; and (B) by adding at the end the following new ards of such duty in the uniformed services. Any ‘‘(ii) each insurable dependent of the member. paragraph: amounts so contributed on behalf of any indi- ‘‘(2)(A) A member may elect in writing not to ‘‘(5) With respect to an insurable dependent of vidual shall be collected by the Secretary con- be insured under this subchapter. the member, insurance under this subchapter cerned from such individual (by deduction from ‘‘(B) A member may elect in writing not to in- shall cease— pay or otherwise) and shall be credited to the sure the member’s spouse under this subchapter. ‘‘(A) 120 days after the date of an election appropriation from which such contribution was ‘‘(3)(A) Subject to subparagraphs (B) and (C), made in writing by the member to terminate the made. the amount for which a person is insured under coverage; or ‘‘(2)(A) The Secretary shall determine the pre- this subchapter is as follows: ‘‘(B) on the earliest of— mium amounts to be charged for life insurance ‘‘(i) In the case of a member, $250,000. ‘‘(i) 120 days after the date of the member’s coverage for spouses of members under this sub- ‘‘(ii) In the case of a member’s spouse, death; chapter. ‘‘(B) The premium amounts shall be deter- $100,000. ‘‘(ii) 120 days after the date of termination of mined on the basis of sound actuarial principles ‘‘(iii) In the case of a member’s child, $10,000. the insurance on the member’s life under this ‘‘(B) A member may elect in writing to be in- subchapter; or and shall include an amount necessary to cover the administrative costs to the insurer or insur- sured or to insure the member’s spouse in an ‘‘(iii) 120 days after the termination of the de- ers providing such insurance. amount less than the amount provided for under pendent’s status as an insurable dependent of the member.’’. ‘‘(C) Each premium rate for the first policy subparagraph (A). The member may not elect to year shall be continued for subsequent policy insure the member’s child in an amount less (2) Such subsection is further amended— (A) in the matter preceding paragraph (1), by years, except that the rate may be adjusted for than $10,000. The amount of insurance so elect- any such subsequent policy year on the basis of ed shall, in the case of a member or spouse, be striking ‘‘, and such insurance shall cease—’’ and inserting ‘‘and such insurance shall cease the experience under the policy, as determined evenly divisible by $10,000. by the Secretary in advance of that policy year. ‘‘(C) In no case may the amount of insurance as follows:’’; (B) by striking ‘‘with’’ after the paragraph ‘‘(h) Any overpayment of a premium for insur- coverage under this subsection of a member’s ance coverage for an insurable dependent of a spouse exceed the amount of insurance coverage designation in each of paragraphs (1), (2), (3), and (4) and inserting ‘‘With’’; member that is terminated under section of the member. 1968(a)(5) of this title shall be refunded to the ‘‘(4)(A) An insurable dependent of a member is (C) in paragraph (1)— (i) in the matter preceding subparagraph (A), member.’’. not insured under this chapter unless the mem- (e) PAYMENTS OF INSURANCE PROCEEDS.—Sec- ber is insured under this subchapter. by striking ‘‘thirty-one days—’’ and inserting ‘‘31 days, insurance under this subchapter shall tion 1970 is amended by adding at the end the ‘‘(B) An insurable dependent who is a child following new subsection: may not be insured at any time by the insurance cease—’’; (ii) in subparagraph (A)— ‘‘(i) Any amount of insurance in force on an coverage under this chapter of more than one (I) by striking ‘‘one hundred and twenty insurable dependent of a member under this sub- member. If an insurable dependent who is a days’’ after ‘‘(A)’’ and inserting ‘‘120 days’’; chapter on the date of the dependent’s death child is otherwise eligible to be insured by the and shall be paid, upon the establishment of a valid coverage of more than one member under this (II) by striking ‘‘prior to the expiration of one claim therefor, to the member or, in the event of chapter, the child shall be insured by the cov- hundred and twenty days’’ and inserting ‘‘be- the member’s death before payment to the mem- erage of the member whose eligibility for insur- fore the end of 120 days’’; and ber can be made, then to the person or persons ance under this subchapter occurred first, ex- (iii) by striking the semicolon at the end of entitled to receive payment of the proceeds of in- cept that if that member does not have legal cus- subparagraph (B) and inserting a period; surance on the member’s life under this sub- tody of the child, the child shall be insured by (D) in paragraph (2)— chapter.’’. the coverage of the member who has legal cus- (i) by striking ‘‘thirty-one days’’ and inserting (f) CONVERSION OF SGLI TO PRIVATE LIFE IN- tody of the child. ‘‘31 days,’’; SURANCE.—Section 1968(b) is amended by adding ‘‘(5) The insurance shall be effective with re- (ii) by striking ‘‘one hundred and twenty at the end the following new paragraph: spect to a member and the insurable dependents days’’ both places it appears and inserting ‘‘120 ‘‘(3)(A) In the case of a policy purchased of the member on the latest of the following days’’; and under this subchapter for an insurable depend- dates: (iii) by striking the semicolon at the end and ent who is a spouse, upon election of the spouse, ‘‘(A) The first day of active duty or active inserting a period; the policy may be converted to an individual duty for training. (E) in paragraph (3)— policy of insurance under the same conditions ‘‘(B) The beginning of a period of inactive (i) by inserting a comma after ‘‘competent au- as described in section 1977(e) of this title (with duty training scheduled in advance by com- thority’’; respect to conversion of a Veterans’ Group Life petent authority. (ii) by striking ‘‘one hundred and twenty Insurance policy to such an individual policy) ‘‘(C) The first day a member of the Ready Re- days’’ both places it appears and inserting ‘‘120 upon written application for conversion made to serve meets the qualifications set forth in section days’’; and the participating company selected by the 1965(5)(B) of this title. (iii) by striking ‘‘; and’’ at the end and insert- spouse and payment of the required premiums. ‘‘(D) The date certified by the Secretary to the ing a period; and Conversion of such policy to Veterans’ Group Secretary concerned as the date Servicemembers’ (F) in paragraph (4), by inserting ‘‘insurance Life Insurance is prohibited. Group Life Insurance under this subchapter for under this subchapter shall cease’’ before ‘‘120 ‘‘(B) In the case of a policy purchased under the class or group concerned takes effect. days after ’’ the first place it appears. this subchapter for an insurable dependent who

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 6333 E:\CR\FM\A24MY7.002 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2689 is a child, such policy may not be converted SEC. 7. TECHNICAL AMENDMENTS TO THE MONT- (ii) by striking ‘‘by the Secretary’’. under this subsection.’’. GOMERY GI BILL STATUTE. (2) SELECTED RESERVE PROGRAM.—Section (g) EFFECTIVE DATE AND INITIAL IMPLEMENTA- (a) CLARIFICATION OF ELIGIBILITY REQUIRE- 3012(f), as added by section 105(a)(2) of such TION.—(1) The amendments made by this section MENT FOR BENEFITS.— Act, is amended— shall take effect on the first day of the first (1) IN GENERAL.—Clause (i) of section (A) in paragraph (2), by inserting ‘‘, but not month that begins more than 120 days after the 3011(a)(1)(A), as amended by section more frequently than monthly’’ before the pe- date of the enactment of this Act. 103(a)(1)(A) of the Veterans Benefits and Health riod; (2) Each Secretary concerned, acting in con- Care Improvement Act of 2000 (Public Law 106– (B) in paragraph (3), by striking ‘‘$4’’ and in- sultation with the Secretary of Veterans Affairs, 419; 114 Stat. 1825), is amended by striking serting ‘‘$20’’; and shall take such action as is necessary to ensure ‘‘serves an obligated period of active duty of’’ (C) in paragraph (4)— (i) by striking ‘‘Secretary. The’’ and inserting that during the period between the date of the and inserting ‘‘(I) in the case of an individual ‘‘Secretary of the military department con- enactment of this Act and the effective date de- whose obligated period of active duty is three years or more, serves at least three years of con- cerned. That’’; and termined under paragraph (1) each eligible (ii) by striking ‘‘by the Secretary’’. tinuous active duty in the Armed Forces, or (II) member— (3) INCREASED ASSISTANCE AMOUNT.—Section in the case of an individual whose obligated pe- (A) is furnished an explanation of the insur- 3015(g), as added by section 105(b)(3) of such riod of active duty is less than three years, ance benefits available for dependents under the Act, is amended— amendments made by this section; and serves’’. (A) in the matter preceding paragraph (1), by (B) is afforded an opportunity before such ef- (2) EFFECTIVE DATE.—The amendment made inserting ‘‘effective as of the first day of the en- fective date to make elections that are author- by paragraph (1) shall take effect as if enacted rollment period following receipt of such con- ized under those amendments to be made with on November 1, 2000, immediately after the en- tributions from such individual by the Secretary respect to dependents. actment of the Veterans Benefits and Health concerned,’’ after ‘‘by section 3011(e) or 3012(f) (3) For purposes of paragraph (2): Care Improvement Act of 2000 (Public Law 106– of this title,’’; and (A) The term ‘‘Secretary concerned’’ has the 419). (B) in paragraph (1)— meaning given that term in section 101 of title (b) ENTITLEMENT CHARGE FOR OFF-DUTY (i) by striking ‘‘$1’’ and inserting ‘‘$5’’; 38, United States Code. TRAINING AND EDUCATION.— (ii) by striking ‘‘$4’’ and inserting ‘‘$20’’; and (B) The term ‘‘eligible member’’ means a mem- (1) IN GENERAL.—Section 3014(b)(2) is (iii) by inserting ‘‘of this title’’ after ‘‘section ber of the uniformed services described in sub- amended— 3011(e) or 3012(f)’’. paragraph (A) or (C) of section 1967(a)(1) of title (A) in subparagraph (A), by striking ‘‘(with- (4) EFFECTIVE DATE.—The amendments made 38, United States Code, as amended by sub- out regard to’’ and all that follows through by this subsection shall take effect as if included section (b)(1). ‘‘this subsection’’; and in the enactment of section 105 of the Veterans SEC. 5. RETROACTIVE APPLICABILITY OF IN- (B) by adding at the end the following new Benefits and Health Care Improvement Act of CREASE IN MAXIMUM SGLI BENEFIT subparagraph: 2000 (Public Law 106–419; 114 Stat. 1828). FOR MEMBERS DYING IN PERFORM- ‘‘(C) The number of months of entitlement (d) DEATH BENEFITS.— ANCE OF DUTY ON OR AFTER OCTO- charged under this chapter in the case of an in- (1) IN GENERAL.—Paragraph (1) of section BER 1, 2000. dividual who has been paid a basic educational 3017(b) is amended to read as follows: (a) APPLICABILITY OF INCREASE IN BENEFIT.— assistance allowance under this subsection shall ‘‘(1) the total of— Notwithstanding subsection (c) of section 312 of be equal to the number (including any fraction) ‘‘(A) the amount reduced from the individ- the Veterans Benefits and Health Care Improve- determined by dividing the total amount of such ual’s basic pay under section 3011(b), 3012(c), ment Act of 2000 (Public Law 106–419; 114 Stat. educational assistance allowance paid the indi- 3018(c), 3018A(b), 3018B(b), 3018C(b), or 3018C(e) 1854), the amendments made by subsection (a) of vidual by the full-time monthly institutional of this title; ‘‘(B) the amount reduced from the individ- that section shall take effect on October 1, 2000, rate of educational assistance which such indi- ual’s retired pay under section 3018C(e) of this with respect to any member of the uniformed vidual would otherwise be paid under sub- title; services who died in the performance of duty (as section (a)(1), (b)(1), (c)(1), (d)(1), or (e)(1) of ‘‘(C) the amount collected from the individual determined by the Secretary concerned) during section 3015 of this title, as the case may be.’’. by the Secretary under section 3018B(b), the period beginning on October 1, 2000, and (2) CONFORMING AMENDMENTS.—(A) Section 3018C(b), or 3018C(e) of this title; and ending at the close of March 31, 2001, and who 3015 is amended— ‘‘(D) the amount of any contributions made on the date of death was insured under the (i) in subsections (a)(1) and (b)(1), by insert- by the individual under section 3011(c) or 3012(f) Servicemembers’ Group Life Insurance program ing ‘‘subsection (h)’’ after ‘‘from time to time of this title, less’’. under subchapter III of chapter 19 of title 38, under’’; and (2) EFFECTIVE DATE.—The amendment made United States Code, for the maximum coverage (ii) by striking the subsection that was in- by paragraph (1) shall take effect as of May 1, available under that program. serted as subsection (g) by section 1602(b)(3)(C) 2001. (b) DEFINITIONS.—In this section: of the Floyd D. Spence National Defense Au- (e) CLARIFICATION OF CONTRIBUTIONS RE- (1) The term ‘‘Secretary concerned’’ has the thorization Act for Fiscal Year 2001 (as enacted QUIRED BY VEAP PARTICIPANTS WHO ENROLL IN meaning given that term in section 101(25) of by Public Law 106–398; 114 Stat. 1654A–359) and BASIC EDUCATIONAL ASSISTANCE.— title 38, United States Code. redesignated as subsection (h) by 105(b)(2) of the (1) CLARIFICATION.—Section 3018C(b), as (2) The term ‘‘uniformed services’’ has the Veterans Benefits and Health Care Improvement amended by section 104(b) of the Veterans Bene- meaning given that term in section 1965(6) of Act of 2000 (Public Law 106–419; 114 Stat. 1829). fits and Health Care Improvement Act of 2000 title 38, United States Code. (B) Section 3032(b) is amended— (Public Law 106–419; 114 Stat. 1828), is amended SEC. 6. EXPANSION OF OUTREACH EFFORTS TO (i) by striking ‘‘the lesser of’’ and inserting by striking ‘‘or (e)’’. ELIGIBLE DEPENDENTS. ‘‘the least of the following:’’; (2) TREATMENT OF CERTAIN CONTRIBUTIONS.— (a) AVAILABILITY OF OUTREACH SERVICES FOR (ii) by striking ‘‘or’’ after ‘‘chapter,’’; and Any amount collected under section 3018C(b) of CHILDREN, SPOUSES, SURVIVING SPOUSES, AND (iii) by inserting before the period at the end title 38, United States Code (whether by reduc- DEPENDENT PARENTS.—Paragraph (2) of section the following: ‘‘, or (3) the amount of the tion in basic pay under paragraph (1) of that 7721(b) is amended to read as follows: charges of the educational institution elected by section, collection under paragraph (2) of that ‘‘(2) the term ‘eligible dependent’ means a the individual under section 3014(b)(1) of this section, or both), with respect to an individual spouse, surviving spouse, child, or dependent title’’. who enrolled in basic educational assistance parent of a person who served in the active mili- (3) EFFECTIVE DATE.—The amendments made under section 3018C(e) of that title, during the tary, naval, or air service.’’. by this subsection shall take effect as if enacted period beginning on November 1, 2000, and end- (b) IMPROVED OUTREACH PROGRAM.—(1) Sub- on November 1, 2000, immediately after the en- ing on the date of the enactment of this Act, chapter II of chapter 77 is amended by adding actment of the Veterans Benefits and Health shall be treated as an amount collected with re- at the end the following new section: Care Improvement Act of 2000 (Public Law 106– spect to the individual under section 419). ‘‘§ 7727. Outreach for eligible dependents 3018C(e)(3)(A) of that title (whether as a reduc- (c) INCREMENTAL INCREASES FOR CONTRIB- tion in basic pay under clause (i) of that sec- ‘‘(a) In carrying out this subchapter, the Sec- UTING ACTIVE DUTY MEMBERS.— tion, a collection under clause (ii) of that sec- retary shall ensure that the needs of eligible de- (1) ACTIVE DUTY PROGRAM.—Section 3011(e), tion, or both) for basic educational assistance pendents are fully addressed. as added by section 105(a)(1) of the Veterans under section 3018C of that title. ‘‘(b) The Secretary shall ensure that the avail- Benefits and Health Care Improvement Act of (f) CLARIFICATION OF TIME PERIOD FOR ELEC- ability of outreach services and assistance for 2000 (Public Law 106–419; 114 Stat. 1828), is TION OF BEGINNING OF CHAPTER 35 ELIGIBILITY eligible dependents under this subchapter is amended— FOR DEPENDENTS.— made known through a variety of means, in- (A) in paragraph (2), by inserting ‘‘, but not (1) IN GENERAL.—(A) Section 3512(a)(3)(B), as cluding the Internet, announcements in vet- more frequently than monthly’’ before the pe- amended by section 112 of the Veterans Benefits erans publications, and announcements to the riod; and Health Care Improvement Act of 2000 (Pub- media.’’. (B) in paragraph (3), by striking ‘‘$4’’ and in- lic Law 106–419; 114 Stat. 1831), is amended to (2) The table of sections at the beginning of serting ‘‘$20’’; and read as follows: that chapter is amended by inserting after the (C) in paragraph (4)— ‘‘(B) the eligible person elects that beginning item relating to section 7726 the following new (i) by striking ‘‘Secretary. The’’ and inserting date by not later than the end of the 60-day pe- item: ‘‘Secretary of the military department con- riod beginning on the date on which the Sec- ‘‘7727. Outreach for eligible dependents.’’. cerned. That’’; and retary provides written notice to that person of

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 6333 E:\CR\FM\A24MY7.002 pfrm02 PsN: H24PT1 H2690 CONGRESSIONAL RECORD — HOUSE May 24, 2001 that person’s opportunity to make such election, (A) by striking ‘‘United States Code,’’ in the There was no objection. such notice including a statement of the dead- matter preceding paragraph (1); and The SPEAKER pro tempore. Is there line for the election imposed under this subpara- (B) by striking ‘‘appropriations in’’ in para- objection to the original request of the graph; and’’. graph (2) and inserting ‘‘appropriations for’’. gentleman from New Jersey? (B) Section 3512(a)(3)(C), as so amended, is (10) Section 4104 is amended— Mr. EVANS. Mr. Speaker, reserving amended by striking ‘‘between the dates de- (A) in subsection (a)(1)— scribed in’’ and inserting ‘‘the date determined (i) by striking ‘‘Beginning with fiscal year the right to object, I do not plan to ob- pursuant to’’. 1988,’’ and inserting ‘‘For any fiscal year,’’; ject, but reserve my right to object. (2) EFFECTIVE DATE.—The amendments made (ii) by striking ‘‘clause’’ in subparagraph (B) Mr. Speaker, I rise in strong support by paragraph (1) shall take effect as if enacted and inserting ‘‘subparagraph’’; and of H.R. 1801, the Veterans’ Survival on November 1, 2000, immediately after the en- (iii) by striking ‘‘clauses’’ in subparagraph (C) Benefits Improvements Act of 2001, and actment of the Veterans Benefits and Health and inserting ‘‘subparagraphs’’; I encourage all Members of the House Care Improvement Act of 2000. (B) in subsection (a)(4), by striking ‘‘on or to support this measure. SEC. 8. MISCELLANEOUS TECHNICAL AMEND- after July 1, 1988’’; and The measure now before the House is MENTS. (C) in subsection (b)— derived from legislation approved by (a) TITLE 38, UNITED STATES CODE.—Title 38, (i) by striking ‘‘shall—’’ in the matter pre- United States Code, is amended as follows: ceding paragraph (1) and inserting ‘‘shall per- this body earlier this year. This legis- (1) Effective as of November 1, 2000, section form the following functions:’’ lation contains several important pro- 107 is amended— (ii) by capitalizing the initial letter of the first visions contained in the House-passed (A) in the second sentence of subsection (a), word of each of paragraphs (1) through (12); bill, an important healthcare provision by inserting ‘‘or (d)’’ after ‘‘subsection (c)’’; (iii) by striking the semicolon at the end of proposed by the other body, and several (B) by redesignating the second subsection (c) each of paragraphs (1) through (10) and insert- technical amendments. (added by section 332(a)(2) of the Veterans Ben- ing a period; and Mr. Speaker, I would prefer that all efits and Health Care Improvement Act of 2000 (iv) by striking ‘‘; and’’ at the end of para- the provisions contained in H.R. 801 as (Public Law 106–419)) as subsection (d); and graph (11) and inserting a period. (C) in subsection (d), as so redesignated, by (11) Section 4303(13) is amended by striking approved by the House earlier this year striking ‘‘In’’ in paragraph (1) and inserting the second period at the end. were included in the measure before us ‘‘With respect to benefits under chapter 23 of (12) Section 5103(b)(1) is amended by striking now, but that is not the case. Mr. this title, in’’. ‘‘1 year’’ and inserting ‘‘one year’’. Speaker, I am committed, as I know (2) Section 1710B(c)(2)(B) is amended by strik- (13) Section 5701(g) is amended by striking the gentleman from New Jersey (Mr. ing ‘‘on the date of the enactment of the Vet- ‘‘clause’’ in paragraphs (2)(B) and (3) and in- SMITH) is, to pursuing the enactment of erans Millennium Health Care and Benefits serting ‘‘subparagraph’’. all the provisions contained in the bill Act’’ and inserting ‘‘November 30, 1999’’. (14)(A) Section 7367 is repealed. as originally approved by the House. (3) Section 2301(f) is amended— (B) The table of sections at the beginning of (A) in the matter in paragraph (1) preceding chapter 73 is amended by striking the item relat- The legislation includes a number of subparagraph (A), by striking ‘‘(as’’ and all ing to section 7367. important provisions which deserve the that follows through ‘‘in section’’ and inserting (15) Section 8125(d) is amended— support of this House. These include in- ‘‘(as described in section’’; and (A) in paragraph (1), by striking ‘‘(beginning creasing from $200,000 to $250,000, effec- (B) in paragraph (2), by striking ‘‘subpara- in 1992)’’; tive October 1, 2000, the maximum graphs’’ and inserting ‘‘subparagraph’’. (B) in paragraph (2), by striking ‘‘(beginning Servicemembers’ Group Life Insurance (4) Section 3452 is amended— in 1993)’’; and (A) in subsection (a)(1)— Benefit for survivors of servicemen who (C) by striking paragraph (3). died in the performance of duty and (i) by striking ‘‘or’’ at the end of subpara- (16) The following provisions are each amend- graph (A); and ed by striking ‘‘hereafter’’ and inserting ‘‘here- who were previously insured for the (ii) by striking ‘‘clause (B) of this paragraph’’ inafter’’: sections 545(a)(1), 1710B(e)(1), maximum benefits. in subparagraph (C) and inserting ‘‘subpara- 3485(a)(1), 3537(a), 3722(a), 3763(a), 5121(a), Mr. Speaker, I thank the gentleman graph (B)’’; 7101(a), 7105(b)(1), 7671, 7672(e)(1)(B), 7681(a)(1), from Texas (Mr. REYES) for his deter- (B) in subsection (a)(2)— 7801, and 8520(a). mined leadership on this important (i) by striking ‘‘paragraph (1)(A) or (B)’’ and (b) PUBLIC LAW 106–419.—Effective as of No- issue requiring the VA to ensure that inserting ‘‘subparagraph (A) or (B) of para- vember 1, 2000, and as if included therein as graph (1)’’; and eligible dependents are made aware of originally enacted, the Veterans Benefits and VA services through media and vet- (ii) by striking ‘‘one hundred and eighty Health Care Improvement Act of 2000 (Public days’’ and inserting ‘‘180 days’’; Law 106–419) is amended as follows: erans’ publications. This provision is (C) in subsection (a)(3), by striking ‘‘section (1) Section 111(f)(3) (114 Stat. 1831) is amended derived from the legislation authored 511(d) of title 10’’ and inserting ‘‘section by striking ‘‘3654’’ and inserting ‘‘3564’’. by the gentleman from Pennsylvania 12103(d) of title 10’’; and (2) Section 323(a)(1) (114 Stat. 1855) is amend- (Mr. DOYLE), a committed advocate for (D) in subsection (e), by striking ‘‘chapter 4C ed by inserting a comma in the second quoted veterans and their dependents and sur- of title 29,’’ and inserting ‘‘the Act of August 16, matter therein after ‘‘duty’’. 1937, popularly known as the ‘National Appren- vivors; and I want to salute the gen- (3) Section 401(e)(1) (114 Stat. 1860) is amend- tleman for his successful leadership for ticeship Act’ (29 U.S.C. 50 et seq.),’’. ed by striking ‘‘this’’ both places it appears in (5) Section 3462(a) is amended by striking VA outreach to the dependents. quoted matter and inserting ‘‘This’’. It also includes coverage under the paragraph (3). (4) Section 402(b) (114 Stat. 1861) is amended (6) Section 3512 is amended— by striking the close quotation marks and period Servicemembers’ Group Life Insurance (A) in subsection (a)(5), by striking ‘‘clause (4) at the end of the table in paragraph (2) of the and provides for benefits under of this subsection’’ and inserting ‘‘paragraph matter inserted by the amendment made that CHAMPVA for veterans’ survivors and (4)’’; and section. those eligible for hospital insurance (B) in subsection (b)(2), by striking ‘‘willfull’’ (c) PUBLIC LAW 102–590.—Section 3(a)(1) of and inserting ‘‘willful’’. benefits under Medicare. the Homeless Veterans Comprehensive Service (7) Section 3674 is amended— Mr. Speaker, I thank everyone who Programs Act of 1992 (38 U.S.C. 7721 note) is (A) in subsection (a)(2)— has contributed to this measure. This (i) in subparagraph (A)— amended by striking ‘‘, during,’’. is a good piece of legislation. Mr. Amend the title so as to read: ‘‘An Act to (I) by striking ‘‘, effective at the beginning of Speaker, I encourage all of my Mem- fiscal year 1988,’’; and amend title 38, United States Code, to ex- pand eligibility for CHAMPVA, to provide bers to support it. (II) by striking ‘‘section 3674A(a)(4)’’ and in- Mr. Speaker, under my reservation of serting ‘‘section 3674A(a)(3)’’; for family coverage and retroactive expan- (ii) in subparagraph (B), by striking ‘‘para- sion of the increase in maximum benefits objection, I yield to the gentleman graph (3)(A)’’ and inserting ‘‘paragraph (3)’’; under Servicemembers’ Group Life Insur- from New Jersey (Mr. SMITH). and ance, to make technical amendments, and Mr. SMITH of New Jersey. Mr. (iii) in subparagraph (C), by striking ‘‘section for other purposes.’’. Speaker, I thank the gentleman from 3674A(a)(4)’’ and inserting ‘‘section Mr. SMITH of New Jersey (during the Illinois (Mr. EVANS), my good friend, 3674A(a)(3)’’; and reading). Mr. Speaker, I ask unanimous for yielding to me. (B) in subsection (c)— consent that the Senate amendments Mr. Speaker, as chairman of the (i) by striking ‘‘on September 30, 1978, and’’; be considered as read and printed in Committee on Veterans’ Affairs, I am and (ii) by striking ‘‘thereafter,’’. the RECORD. very proud to bring to the floor today (8) Section 3674A(a)(2) is amended by striking The SPEAKER pro tempore. Is there H.R. 801, as amended, the Veterans’ ‘‘clause (1)’’ and inserting ‘‘paragraph (1)’’. objection to the request of the gen- Survivor Benefits Improvements Act of (9) Section 3734(a) is amended— tleman from New Jersey? 2001.

VerDate 11-MAY-2000 01:48 May 25, 2001 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.002 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2691 It is fitting that we consider this leg- Servicemembers’ Group Life Insurance have lost their lives during the per- islation shortly before the Memorial program to provide coverage for the formance of military duties. Day period, a day on which we remem- spouse and children of a servicemember b 1715 ber all of those who died while serving enrolled in the insurance program. in our Nation’s Armed Forces. This is a very family-friendly provi- As a Vietnam veteran, I know the This bill is a reminder of what we sion, and I am glad it survived over on dangers of combat. Since October 1, have owed to the survivors of our serv- the Senate side. 2000, we have sadly lost a number of icemen and women. And although Finally, Mr. Speaker, within the last uniformed service members during the much remains to be done by this Con- few years, we have lost a number of performance of military training exer- gress, it is the harbinger of what we servicemembers to plane crashes, cises. As I emphasized during the sub- can accomplish to keep our commit- training accidents, and, of course, to committee hearing on H.R. 801, I was ment to veterans and to their families. acts of terrorism at sea. Last year, the particularly concerned that those who Mr. Speaker, those who have been Congress approved legislation to in- lost their lives in the terrorist attack following this particular bill may be a crease the maximum amount of the on the U.S.S. Cole as well as those, little bit surprised that it does not con- Servicemembers’ Group Life Insurance such as Specialist Rafael Olvera tain all of the provisions that were in from $200,000 to $250,000. Even though Rodriguez, who was an El Paso native the bill when we originally passed it in the bill was signed into law on Novem- and died in the Black Hawk helicopter the House late March. Mr. Speaker, I ber 1 of 2000, this particular provision crash over Hawaii, would qualify for in- want to ensure my colleagues that did not go into effect until April of this creased maximum benefits. those provisions that were stricken by year. The Senate amendment to H.R. Since the Cole attack, others per- the Senate amendment remain the sub- 801 leaves unchanged the House pro- forming official duties have died in ject of a very active conversation be- posal to provide an increase retroactive North Carolina, Georgia, and Kuwait. tween our colleagues over on the Sen- to October 1, 2000 for survivors of Two Coast Guardsmen died after an ac- ate side. We expect that the Senate servicemembers who died during the cident while on patrol; two pilots died will hold hearings on most, if not all, performance of their duty and had pre- when their Army plane crashed in Ger- of those provisions later this year and viously elected maximum insurance many; and two Air Force planes dis- we will be reintroducing them as well. amount. appeared from Scotland with the loss Virtually all of those who have testi- Mr. Speaker, I want to thank the of life. fied before our Subcommittee on Bene- gentleman from Texas (Mr. REYES), the The effective date of October 1, 2000, fits earlier this year expressed support gentlewoman from Virginia (Mrs. JO is intended to provide the maximum for the provision of H.R. 801; and I an- ANN DAVIS), along with Senator JOHN benefit of $250,000 for SGLI insured ticipate that when the Senate holds its WARNER, for working with the full members, such as those who have lost hearings, they will have the input from committee and for working so very their lives in the performance of their the VSOs and will be supportive of hard on this provision. duty and who were insured for the those provisions. Mr. Speaker, I want to thank the maximum benefit at the time of their Mr. Speaker, I also want to encour- gentleman from Illinois (Mr. EVANS) deaths. I know that the families of the age the Senate to give favorable con- for the gentleman’s steadfast leader- SGLI members will certainly support sideration to H.R. 811, the Veterans ship, not just for this provision, but for this benefit. Hospital Emergency Repair Act; and I all of the contents of this bill and for I also support the provision allowing just remind my colleagues that we working in a very bipartisan way on so family members to be covered under passed that last March as well. many of these issues that we have and the SGLI program. This is a needed im- Mr. Speaker, at this time I would will continue to bring to the floor. provement and will put our service like to provide a very brief explanation Mr. EVANS. Mr. Speaker, further re- members on par with other persons of the provisions being considered serving the right to object, I yield to who have access to commercial insur- today. When Congress created the Ci- the gentleman from Texas (Mr. REYES). ance. vilian Health and Medical Program, Mr. REYES. Mr. Speaker, I thank the I strongly support the provisions for Veterans Affairs program nearly 30 gentleman for yielding to me. outreach to veterans’ dependents sug- years ago, it intended CHAMPVA to Mr. Speaker, as an original cosponsor gested by the gentleman from Pennsyl- provide services for certain severely and strong supporter of H.R. 801, the vania (Mr. DOYLE), a very strong advo- disabled veterans’ families that were Veterans’ Survivor Benefits Improve- cate for our Nation’s veterans. Those similar to the benefits furnished to re- ments Act of 2001, I am pleased that we who are entitled to veterans’ benefits tired families under CHAMPUS. will have an opportunity to address must have appropriate information in Over the years, however, CHAMPUS some of its provisions before this Me- order to access them. changed from a simple fee-basis reim- morial Day. It is our deeds, as well as Finally, the technical amendments bursement program to a managed care our words, that should be used to meas- in the bill clarify important provisions activity now known as TRICARE. Last ure the respect that we pay our de- of law and will improve the administra- year, TRICARE became entwined with parted servicemembers. tion of educational benefits. Medicare as a secondary payer for mili- Mr. Speaker, I want to acknowledge I cannot think of a better way for us tary retired families under the the cooperation of the gentleman from to send a clear message this Memorial ‘‘TRICARE for Life’’ extension ap- New Jersey (Chairman SMITH) and the Day than to support H.R. 801. I urge all proved by the Floyd Spence National gentleman from Illinois (Mr. EVANS), Members to support this bill. Defense Authorization Act for Fiscal the ranking member, as well as the Mr. MORAN of Kansas. Mr. Speaker, I want Year 2001. gentleman from Arizona (Mr. to recognize Chairman SMITH, Ranking Mem- What we are doing today with H.R. HAYWORTH), in working with the other ber EVANS, Health Subcommittee Ranking 801 is an effort to make the two pro- body to move this legislation forward. Member FILNER, as well as Chairman SPECTER grams comparable once again by au- I hope that we will have an oppor- and Ranking Member ROCKEFELLER of the thorizing benefits similar to those tunity to address the provisions of H.R. Senate Committee on Veterans’ Affairs, for under the TRICARE for Life. 801 not included in the Senate amend- their leadership and support for this bill, H.R. H.R. 801 also directs VA to improve ment in the very near future. 801, the ‘‘Veterans’ Survivor Benefits Improve- outreach services of spouses, surviving Mr. Speaker, I particularly want to ments Act of 2001.’’ spouses, children and dependent par- highlight the insurance provisions of Mr. Speaker, passage of this bill is a good ents of veterans and requires the VA to this bill. I am very pleased that the bill reminder of why the Nation celebrates Memo- ensure that eligible dependents are retains the provision inserted at my re- rial Day. There are many ways that people made aware of veterans’ services quest to make the beginning of fiscal choose to honor our veterans. A number of through the media and veterans’ publi- year 2001 the effective date for the in- veterans’ organizations choose to honor the cations. crease in the maximum amount of brave men and women who have given their As amended, H.R. 801 retains the Servicemembers’ Group Life Insurance lives for this country by observing a moment House provision to expand the from $200,000 to $250,000 for those who of silence. Others choose to visit one of the

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K24MY7.025 pfrm02 PsN: H24PT1 H2692 CONGRESSIONAL RECORD — HOUSE May 24, 2001 many memorials built in honor of veterans, OFFICE OF THE CLERK, sequently terminated by United Na- and touch the engraved names of their de- HOUSE OF REPRESENTATIVES, tions Security Council Resolution 1074 parted loved ones, to feel their presence once Washington, DC, May 24, 2001. of October 1, 1996. This termination, Hon. J. DENNIS HASTERT, however, did not end the requirement again. Those of us here today on the floor of The Speaker, House of Representatives, the House have the rare opportunity to honor Washington, DC. of the Resolution that those blocked not only our veterans, but also their depend- DEAR MR. SPEAKER: Pursuant to the per- funds and assets that are subject to ents and survivors as well, with the passage mission granted in Clause 2(h) of Rule II of claims and encumbrances remain of this legislation before us today. the Rules of the U.S. House of Representa- blocked, until unblocked in accordance Often on this floor Members recognize tives, I have the honor to transmit a sealed with applicable law. Americans who gave of themselves because envelope received from the White House on Until the status of all remaining of love of country. Today I speak not only in May 24, 2001 at 3:00 p.m. and said to contain a message from the President whereby he blocked property is resolved, the Peace praise of our Nation’s veterans but also in submits copies of a notice extending the Agreement implemented, and the praise of their families and their survivors. Yugoslavia emergencies. terms of the Resolution met, this situ- Throughout our history as a nation, the fight to With best wishes, I am ation continues to pose an unusual and protect and preserve our freedoms has not Sincerely, extraordinary threat to the national only been met on the battlefield. It has also JEFF TRANDAHL, security, foreign policy, and economy been a struggle in the homes of our vet- Clerk of the House. of the United States. For these rea- erans—by mothers, fathers, sons, and daugh- f sons, I have determined that the 1992 ters, who carried on despite facing the illness, CONTINUATION OF EMERGENCY emergency, and the measures adopted injury, or loss of a loved one. WITH RESPECT TO FEDERAL RE- pursuant thereto, must continue be- The ‘‘Veterans’ Survivor Benefits Improve- PUBLIC OF YUGOSLAVIA—MES- yond May 30, 2001. ments Act of 2001,’’ legislation that we are ap- SAGE FROM THE PRESIDENT OF With respect to the 1998 national proving today and sending to the President, is THE UNITED STATES (H. DOC. emergency regarding Kosovo, on Janu- a written acknowledgement of our debt. It es- NO. 107–76) ary 17, 2001, President Clinton issued tablishes, in the CHAMPVA program, health The SPEAKER pro tempore laid be- Executive Order 13192 in view of the coverage equal to that of ‘‘TRICARE for Life’’ peaceful democratic transition begun for military families. Under H.R. 801, any ben- fore the House the following message from the President of the United in the FRY (S&M); the continuing need eficiary covered by CHAMPVA, who becomes to promote full implementation of the eligible for Medicare, will automatically be cov- States; which was read and, together with the accompanying papers, without United Nations Security Council Reso- ered by CHAMPVA for ‘‘out-of-pocket’’ costs lution 827 of May 25, 1993, and subse- not paid by Medicare or other insurance. In ef- objection, referred to the Committee on International Relations and ordered quent resolutions calling for all states fect, CHAMPVA will become a secondary- to cooperate fully with the Inter- payer for these Medicare beneficiaries. to be printed: To the Congress of the United States: national Criminal Tribunal for the While we can never expect to balance the Section 202(d) of the National Emer- former Yugoslavia (ICTY); the illegit- scales to pay back the enormous debt we owe gencies Act (50 U.S.C. 1622(d)), provides imate control over FRY (S&M) polit- to our Nation’s veterans and their families, we for the automatic termination of a na- ical institutions and economic re- can ensure our veterans and their families will tional emergency unless, prior to the sources or enterprises exercised by have a better tomorrow. As we approach an- anniversary date of its declaration, the former President Slobodan Milosevic, other Memorial Day, let us pass this legislation President publishes in the Federal Reg- his close associates and other persons, to show our commitment to all Americans ister and transmits to the Congress a and those individuals’ capacity to re- who, in President Lincoln’s phrase, have notice stating that the emergency is to press democracy or perpetrate or pro- ‘‘borne the battle’’ for this country. continue in effect beyond the anniver- mote further human rights abuses; and Again, I thank the Chairman for his leader- sary date. I have sent the enclosed no- the continuing threat to regional sta- ship, and urge my colleagues to support this tice to the Federal Register for publica- bility and implementation of the Peace important legislation. tion, stating that the national emer- Agreement. The order lifts and modi- Mr. EVANS. Mr. Speaker, I withdraw gencies declared with respect to the fies, with respect to future trans- my reservation of objection. Federal Republic of Yugoslavia (Serbia actions, most of the economic sanc- The SPEAKER pro tempore (Mr. and Montenegro) (the ‘‘FRY (S&M)’’) in tions imposed against the FRY (S&M) LAHOOD). Is there objection to the re- 1992 and with respect to Kosovo in 1998, in 1998 and 1999 with regard to the situ- quest of the gentleman from New Jer- are to continue beyond May 30, 2001, ation in Kosovo. At the same time, the sey? and June 9, 2001, respectively. The order imposes restrictions on trans- There was no objection. most recent notice continuing these actions with certain persons described A motion to reconsider was laid on emergencies was published in the Fed- in section 1(a) of the order, namely the table. eral Register on May 26, 2000. Slobodan Milosevic, his close associ- With respect to the 1992 national ates and supporters and persons under f emergency, on December 27, 1995, Presi- open indictment for war crimes by dent Clinton issued Presidential Deter- ICTY. The order also provides for the GENERAL LEAVE mination 96–7, directing the Secretary continued blocking of property or in- terests in property blocked prior to the Mr. SMITH of New Jersey. Mr. of the Treasury, inter alia, to suspend order’s effective date due to the need to Speaker, I ask unanimous consent that the application of sanctions imposed on address claims or encumbrances in- all Members may have 5 legislative the FRY (S&M) and to continue to volving such property. days within which to revise and extend block property previously blocked their remarks on H.R. 801. until provision of the other successor Because the crisis with respect to the The SPEAKER pro tempore. Is there states of the former Yugoslavia. This situation in Kosovo and with respect to objection to the request of the gen- sanctions relief, in conformity with Slobodan Milosevic, his close associ- tleman from New Jersey? United Nations Security Council Reso- ates and supporters and persons under There was no objection. lution 1022 of November 22, 1995 (here- open indictment for war crimes by inafter the ‘‘Resolution’’), as an essen- ICTY has not been resolved, and be- f tial factor motivating Serbia and cause the status of all previously Montenegro’s acceptance of the Gen- blocked property has yet to be re- eral Framework Agreement for Peace solved, this situation continues to pose COMMUNICATION FROM THE in Bosnia and Herzegovina initialed in an unusual and extraordinary threat to CLERK OF THE HOUSE Dayton on November 21, 1995, and the national security and foreign pol- The SPEAKER pro tempore laid be- signed in Paris on December 14, 1995 icy of the United States. For these rea- fore the House the following commu- (hereinafter the ‘‘Peace Agreement’’). sons, I have determined that the emer- nication from the Clerk of the House of Sanctions against both the FRY gency declared with respect to Kosovo, Representatives: (S&M) and the Bosnian Serbs were sub- and the measures adopted pursuant

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.004 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2693 thereto, must continue beyond June 9, uary 3, 2001, and under a previous order (Mr. SHOWS addressed the House. 2001. of the House, the following Members His remarks will appear hereafter in GEORGE W. BUSH. will be recognized for 5 minutes each. the Extensions of Remarks.) THE WHITE HOUSE, May 24, 2001. f f f The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a PERSONAL EXPLANATION previous order of the House, the gentle- previous order of the House, the gen- Mr. VISCLOSKY. Mr. Speaker, on woman from the District of Columbia tleman from California (Mr. HONDA) is May 23, 2001, I was unavoidably absent (Ms. NORTON) is recognized for 5 min- recognized for 5 minutes. due to my attendance at a funeral in utes. (Mr. HONDA addressedd the House. my district for Ms. Helen Savinski, a (Ms. NORTON addressed the House. His remarks will appear hereafter in very dear and personal friend. Her remarks will appear hereafter in the Extensions of Remarks.) Had I been present, I would have the Extensions of Remarks.) f voted ‘‘yea’’ on rollcall votes 138, 139, f The SPEAKER pro tempore. Under a 140, 141, 142, 144, 145, 146 and 147, and The SPEAKER pro tempore. Under a previous order of the House, the gen- voted ‘‘nay’’ on rollcall votes 135, 136, previous order of the House, the gen- tleman from Texas (Mr. PAUL) is recog- 137 and 143. tleman from Indiana (Mr. BURTON) is nized for 5 minutes. f recognized for 5 minutes. (Mr. PAUL addressed the House. His (Mr. BURTON of Indiana addressed remarks will appear hereafter in the COMMUNICATION FROM THE the House. His remarks will appear Extensions of Remarks) CLERK OF THE HOUSE hereafter in the Extensions of Re- f The SPEAKER pro tempore laid be- marks.) The SPEAKER pro tempore. Under a fore the House the following commu- f previous order of the House, the gen- nication from the Clerk of the House of The SPEAKER pro tempore. Under a tleman from Missouri (Mr. SKELTON) is Representatives: previous order of the House, the gen- recognized for 5 minutes. HOUSE OF REPRESENTATIVES, tleman from Oregon (Mr. DEFAZIO) is (Mr. SKELTON addressed the House. Washington, DC, May 24, 2001. recognized for 5 minutes. His remarks will appear hereafter in Hon. J. DENNIS HASTERT, The Speaker, House of Representatives, (Mr. DEFAZIO addressed the House. the Extensions of Remarks.) Washington, DC. His remarks will appear hereafter in f DEAR MR. SPEAKER: Pursuant to the per- the Extensions of Remarks.) The SPEAKER pro tempore. Under a mission granted in Clause 2(h) of Rule II of f previous order of the House, the gen- the Rules of the U.S. House of Representa- tleman from New Jersey (Mr. PALLONE) tives, I have the honor to transmit a sealed The SPEAKER pro tempore. Under a envelope received from the White House on previous order of the House, the gentle- is recognized for 5 minutes. May 24, 2001 at 3:00 p.m. and said to contain woman from Missouri (Mrs. EMERSON) (Mr. PALLONE addressed the House. a message from the President whereby he is recognized for 5 minutes. His remarks will appear hereafter in submits a periodic six-month report on the (Mrs. EMERSON addressed the the Extensions of Remarks.) Yugoslavia emergencies. House. Her remarks will appear here- f With best wishes, I am after in the Extensions of Remarks.) Sincerely, WORKING FAMILIES FLEXIBILITY JEFF TRANDAHL, f ACT Clerk of the House. The SPEAKER pro tempore. Under a previous order of the House, the gen- The SPEAKER pro tempore. Under a f previous order of the House, the gentle- tleman from New York (Mr. ENGEL) is PERIODIC REPORT ON NATIONAL recognized for 5 minutes. woman from Illinois (Mrs. BIGGERT) is EMERGENCIES WITH RESPECT (Mr. ENGEL addressed the House. His recognized for 5 minutes. TO FEDERAL REPUBLIC OF remarks will appear hereafter in the Mrs. BIGGERT. Mr. Speaker, today I YUGOSLAVIA—MESSAGE FROM Extensions of Remarks.) rise to introduce a bill entitled the THE PRESIDENT OF THE UNITED Working Families Flexibility Act. This STATES (H. DOC. NO. 107–77) f bill has several components. First of The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Under a all, the Working Families Flexibility fore the House the following message previous order of the House, the gen- Act allows employees to choose, from the President of the United tleman from Colorado (Mr. SCHAFFER) through a written agreement with States; which was read and, together is recognized for 5 minutes. their employer, entered into knowingly with the accompanying papers, without (Mr. SCHAFFER addressed the and voluntarily by the employee, to re- objection, referred to the Committee House. His remarks will appear here- ceive paid time off instead of cash on International Relations and ordered after in the Extensions of Remarks.) wages for overtime. A compensatory to be printed: f time agreement may not be a condition To the Congress of the United States: The SPEAKER pro tempore. Under a of employment, and an employee could As required by section 401(c) of the previous order of the House, the gen- withdraw from a compensatory time National Emergencies Act, 50 U.S.C. tleman from Guam (Mr. UNDERWOOD) is agreement at any time. 1641(c) and section 204(c) of the Inter- recognized for 5 minutes. As with cash overtime pay, compen- national Emergency Economic Powers (Mr. UNDERWOOD addressed the satory time would accrue at a rate of Act (IEEPA), 50 U.S.C. 1703(c), I trans- House. His remarks will appear here- 11⁄2 times the employees regular rate of mit herewith a 6-month periodic report after in the Extensions of Remarks.) pay for each hour worked over 40 with- in a 7-day period. The legislation would on the national emergency with re- f spect to the Yugoslavia (Serbia and not affect the 40-hour workweek or the The SPEAKER pro tempore. Under a calculation of overtime. Montenegro) emergency declared in previous order of the House, the gen- Executive Order 12808 on May 30, 1992, Employees could accrue up to 160 tleman from California (Mr. HORN) is and with respect to the Kosovo emer- hours of compensatory time each year. recognized for 5 minutes. An employer would be required to pay gency declared in Executive Order 13088 (Mr. HORN addressed the House. His on June 9, 1998. cash wages for any unused, accrued remarks will appear hereafter in the time at the end of the year or within 30 GEORGE W. BUSH. Extensions of Remarks.) THE WHITE HOUSE, May 24, 2001. days after receiving a written request f f from an employee. The SPEAKER pro tempore. Under a Employers must provide employees SPECIAL ORDERS previous order of the House, the gen- with at least 30 days’ notice prior to The SPEAKER pro tempore. Under tleman from Mississippi (Mr. SHOWS) is cashing out any accrued compensatory the Speaker’s announced policy of Jan- recognized for 5 minutes. time or discontinuing a compensatory

VerDate 11-MAY-2000 02:00 May 25, 2001 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.008 pfrm02 PsN: H24PT1 H2694 CONGRESSIONAL RECORD — HOUSE May 24, 2001 time program. An employer may, how- comp time over cash wages. The legis- Before I go any further, I want to stress that ever, only cash out accrued time in ex- lation requires an employer to annu- nothing in this legislation would require em- cess of 80 hours. ally pay cash wages for any unused ployees to take comp time instead of overtime Employees may use accrued compen- comp time accrued by the employee. pay. Nor could employers force employees to satory time within a reasonable time Employees may withdraw from a comp take comp time. Rather they now can be given after making the request. time agreement at any time and re- the choice of comp time or overtime. This bill All of the enforcement remedies, in- quest a cash-out of any or all of his or does not relieve employers of any obligation to cluding action by the Department of her accrued unused comp time. pay overtime. I also want to stress that this bill Labor and individual law suits, under Mr. Speaker, comp time makes good does not affect the standard 40-hour work- current law will apply if an employer policy; and it also has another benefit, week. fails to pay wages to an employee for making employees happy. There will Now, here is what the bill does do: under accrued compensatory time or refuses always be working men and women this legislation, employers will be able to offer to allow an employee to use accrued who want and need the extra pay that comp time as an option for employees. Em- compensatory time. comes from working overtime hours. ployees would then have a choice, through an Employers who coerce employees But for many workers, having the addi- agreement with the employer, to opt for over- into choosing compensatory time in- tional time off is a far more attractive time pay in the form of paid time off. As is cur- stead of overtime wages or using ac- option, and that is an option they rently the case with overtime pay, comp time crued compensatory time will be liable should have. hours would accrue at a rate of one and one- to the employee for double damages. Comp time is also good for business half hours of comp time for each hour of over- One would think that providing because smart companies know how time worked. Employees could accrue up to working men and women with more flexibility can help to recruit and re- 160 hours of comp time within a 12-month pe- control over their work schedules is a tain top-notch employees. In sum, Mr. riod. no-brainer, but private sector employ- Speaker, the Working Families Flexi- This legislation contains numerous safe- ees and employers alike are bound by bility Act is good for workers. It is guards to ensure that employees could not be the Fair Labor Standards Act, or good for women and is especially good coerced into choosing comp time over cash FLSA, which does not permit such for families. wages. The legislation requires an employer to flexibility. Mr. Speaker, I rise today to introduce the annually pay cash wages for any unused I think it is fair to say that this law Working Families Flexibility Act, which allows comp time accrued by the employee. Employ- which was enacted during the Depres- employers to offer American workers the op- ees may withdraw from a comp time agree- sion and established a workweek of 40 tion of voluntarily taking compensatory time off ment at any time and request a cashout of hours in overtime pay was designed to in lieu of taking overtime pay. I am pleased any or all of his or her accrued, unused comp be effective in a different day and age that 33 of my colleagues have joined me as time. The employer has 30 days in which to and needs to be updated. original cosponsors of this pro-family, pro- comply with the request. The legislation also Over the past 60-plus years, the worker, pro-women legislation. requires an employer to provide the employee America workplace has undergone a One would think that providing working men with at least 30 days notice prior to cashing dramatic change in composition, char- and women with more control over their work out any accrued time in excess of 80 hours or acter, and demands. What was once a schedules is a ‘‘no brainer’’, but private sector prior to discontinuing a policy of offering comp static, agriculture-and-manufacturing- employees and employers alike are bound by time. based economy with a primarily male the Fair Labor Standards Act of FLSA, which Employees are able to use their accrued workforce has evolved into a fast- does not permit such flexibility. I think it’s fair comp time at anytime, so long as its use does not unduly disrupt the operations of the busi- paced, working environment based on to say that this law, which was enacted during ness—this is the same standard used in the global services and high technology the depression and established a work week public sector and under the Family and Med- with nearly equal numbers of women as of 40 hours, and overtime pay, was designed ical Leave Act. Employers also would be pro- well as men in the workforce. to be effective in a different day and age and hibited from requiring employees to take ac- Workers today, more than ever, need needs to be updated. and do face a difficult dilemma: how to Over the past 60-plus years, the American crued time solely at the convenience of the employer. Again, I want to reiterate that this balance the demands of a job while workplace has undergone a dramatic change legislation has no effect on the traditional 40- having adequate time for family, in composition, character, and demands. What hour workweek or the way in which overtime friends, and outside commitments. once was a static, agriculture- and manufac- is calculated. This situation has become even more turing-based economy with a primarily male Mr. Speaker, comp time makes for good pronounced because many families now workforce has evolved into a fast-paced, work- policy and it also has another benefit—making rely on two incomes to survive. While ing environment based on global services and employees happy. There always will be work- this conflict weighs most heavily on high technology with nearly equal numbers of ing men and women who want and need the women, all workers, regardless of gen- women and men in the workforce. extra pay that comes from working overtime der experience, conflict between work Workers today, more than ever before, face hours. But for many workers, having the addi- and the family and between watching a difficult dilemma: how to balance the de- tional time off is a far more attractive option, their child’s baseball game or going mands of a job while having adequate time for and that’s an option they should have. through a stack of papers on their family, friends and outside commitments. This Comp time also is good for business be- desk. situation has become even more pronounced cause smart companies know how flexibility The Working Families Flexibility because many American families now rely on can help efforts to recruit and retain top-notch Act will help to ease these pressures by two incomes to survive. And while this conflict employees. Concerns over the well-being of providing the flexibility that working weights most heavily on women, all workers— the family often force parents to leave jobs parents need to spend quality time regardless of gender—experience conflict be- that do not fit their family needs or forego jobs with their families. tween work and the family, between watching that would put stress on home lives. Before I go any further, I would like their child’s baseball game or going through In sum, Mr. Speaker, The Working Families to stress that nothing in this legisla- that stack of papers on their desk. Flexibility Act is good for workers, it is good tion would require employees to take The Working Families Flexibility Act will help for women, and it is especially good for fami- comp time instead of overtime pay, nor to ease these pressures by providing the flexi- lies. The bill updates an outdated law de- could employers force employees to bility that working parents need to spend qual- signed for the 1930s workplace and makes it take comp time. Rather, now they are ity time with their families. This legislation, relevant for today’s workforce. given the choice of comp time or over- which mirrors a bill passed by the House dur- Today’s working men and women want in- time. This bill does not relieve employ- ing the 105th Congress, amends the FLSA to creased flexibility and choices regarding ers of any obligation to pay overtime. allow private sector employees to access scheduling and compensation, yet federal law I want to stress that this bill does not something that their colleagues working in fed- prevents them from having such options. I affect the standard 40-hour workweek. eral, state and local governments have had for trust my colleagues agree that employees and The legislation contains numerous many years—the option of choosing either employers should not be prevented from mak- safeguards to ensure that employees cash wages or paid time off as compensation ing mutually agreeable arrangements that could not be coerced into choosing for working overtime hours. meet both personal and business needs.

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K24MY7.046 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2695 I think the time and circumstances are right cient electric generation capacity; and, we may have to reverse the situation. for us to pass this much-needed legislation. I in fact, this summer our capacity may What we found, instead, was a power in urge my colleagues to join this effort to pass run a little bit below demand. But this the White House capable of using Fed- a strong comp time bill that will be good for last winter we used roughly 33,000 eral law to prohibit California from workers, businesses, the economy, and Amer- megawatts of electricity, the prior going back to the regulated market ica’s families. summer, the summer of 1999, we used that had served us relatively well for Let me take a moment to recognize Con- 45,000 megawatts. None of the plants over 80 years. So we have a situation gressman CASS BALLENGER for his dedicated that existed, when we produced 45,000 not where California does not have the and untiring work on the comp time issue and megawatts at reasonable prices, was generation capacity it needs. Frankly, to the Chairman of the House Subcommittee closed down; and yet in the winter we we ought to have more. We ought to on Workforce Protections, Representative face blackouts, shutdowns. Why? have a margin for safety, a surplus of CHARLIE NORWOOD, for his strong commitment The answer is that certain plants available electricity. But no one to this issue. Finally, let me thank the Chair- have been closed for maintenance. I fi- thought that just because supplies man of the full Committee on Education and nally found out what ‘‘closed for main- were a bit tight that we would be pay- the Workforce, JOHN BOEHNER, for his support tenance’’ means. It means the plant ing 10 times, 20 times the fair price for of America’s working men and women. has been closed to maintain a sky-high the kilowatts provided to us by these f price for every megawatt. The number independent companies, many of which of plants closed for maintenance month are based in Texas. And we certainly b 1730 after month after month over the last did not believe that if this system did CALIFORNIA ENERGY CRISIS 9 months has been double, triple, some- not work that we would be prohibited times quadruple the number of plants by Federal law from going back. The SPEAKER pro tempore (Mr. shut down in that same month 12 Now, what is the effect that this has OSBORNE). Under the Speaker’s an- months earlier, or the prior year. nounced policy of January 3, 2001, the had on California? Business bank- Somehow, plants are closed for mainte- ruptcy, layoffs, and blackouts. And I do gentleman from California (Mr. SHER- nance. want to point out that up until re- MAN) is recognized for 60 minutes as the Keep in mind that one would expect cently, and I think even this summer, designee of the minority leader. during an energy crisis that the whole Mr. SHERMAN. Mr. Speaker, I thank the blackouts are relatively modest world is aware of plants would be compared to the news reports. A black- the Democratic leader for assigning me closed for maintenance less because this hour of time. I hope very much out is reported often when only one out they would bring in crews to bring of 100 or maybe one out of 30 of our that several of my colleagues from those plants back online. Folks would California and other western States homes loses power for 1 or 2 or 3 hours. work overtime to get the electricity But we expect that this summer there will come and join me on this floor so that the State needs. I have seen how that we can discuss together the en- will be 30 to 50 days when one out of 30 quickly things can be repaired or main- or one out of 100 of our homes loses ergy crisis, the electric crisis, the nat- tained after our 1994 earthquake in my ural gas crisis affecting California and power; one out of 30 or one out of 100 of region of California. Yet now, when we our businesses loses power. the adjoining States. need to maintain the most, we need the It is not just the physical effect of In the event that some of my col- maintenance to take place the the blackouts; it is also the psycho- leagues do not come down and join me, quickest, plants are shut down three logical and business effect. How is our I do not know whether I will spend a times as much and huge chunks of State supposed to attract business? full hour speaking about our electric what would be the supply of electricity How are we supposed to inspire our crisis, I will go off and do several other are unavailable. Closed for mainte- current businesses to expand? How are subjects involving foreign policy and nance. my service on the Committee on Inter- As a result, the price is enormous. we supposed to be the driving force in national Relations; but it is my hope, And that enormous and outrageous this national economy when people see my expectation that this full hour will price is not for all the electricity we and talk about or are preoccupied with be devoted to the electric and natural buy. Sixty percent of the electricity, the blackouts in electricity? And even gas crisis in the West and that several roughly, in California, is still subject if there was not a single minute of of my colleagues from western States to rate regulation and fair prices are blackout for a single consumer, the will join me as it proceeds. being paid. So that enormous, huge, prices are enormous and the price ef- I have come to this floor every unjustified transfer, the $63 billion fect would, by itself, cause a steep eco- evening this week to try to eliminate extra we will pay for what a couple of nomic problem for the State of Cali- and dispel some of the misinformation years ago we called $7 billion of elec- fornia. about what is going on in California tricity, that all goes to roughly 40 per- Now, when a State is suffering not and the West and how we got into this cent of the producers. Those are the one but three disasters, a disaster be- situation. I want to take some time to producers who came into our State and cause of blackouts, a disaster because describe the situation and to describe bought our electric plants from our of a decline in investment in our State, that some of the insults hurled at the local utilities as part of the wildly and, most significantly, enormous State of California are manifestly not touted deregulation plan over the last bills, three disasters, one would think only malicious but false. several years. So we are paying 10 that a representative from that State What is the situation in California? times the price, and almost all of the would be here before the Federal Gov- In 1999, in the year 2000, and again this extra profits are going to 40 percent of ernment pleading for Federal money, year, California will use virtually the the producers. money from all of my colleagues’ dis- exact same amount of electricity. In This is a deregulation experiment tricts to help the people in my district. fact, in the year 2000, during the key that has not worked. We might ask, I am not here to do that. That is not peak hours, we used less electricity how did California get into this? There what California needs most. And, in than we did in the prior year. Yet while are a few things: first, we did not ex- fact, with a little bit of change in law, we are getting the same amount of pect that these private companies we would not need it at all. electricity, we are paying exorbitant would close certain plants for mainte- I am not asking for electricity from prices. In 1999, for this amount of elec- nance in order to charge 10 times the my colleagues’ districts. Except for the tricity, California paid $7 billion; last going price for the electricity they did western States, it is impossible to send year, for the same amount, $32.5 bil- produce in other plants. We did not ex- electricity into California. Do not mail lion; and this year, as things are shap- pect the gougers to prevail. And, sec- us your batteries. Even in the western ing up, it will be $70 billion, ten times ond, we expected that if this deregula- States, we are not asking for any other as much money for the same number of tion did not work, we would reverse it. State to experience blackouts or short- electrons. Every experiment carries with it the ages in order to supply California. I am We have had blackouts in California possibility of a mistake; and time and not even here to ask for sympathy. It that we are told are a result of insuffi- time again when we try something out, would not hurt; but, yet again, that is

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.007 pfrm02 PsN: H24PT1 H2696 CONGRESSIONAL RECORD — HOUSE May 24, 2001 not what California needs. What Cali- and you are going to like it because we produced that can be produced from fornia needs is to have our hands un- are going to tell you the economic the- our municipal electric companies, tied. Do not take the right to regulate ory that tells you why you should be there is still a need for virtually all of these prices away from us, bring that happy why there is no regulation. We their plants to be on-line. right to the Federal level and then will make the decision for you, but we If they can shut down 10 or 20 percent refuse to allow the regulation. will not suffer any of the consequences of their plants, the price skyrockets. Yet that is what Federal law does. of this decision. So let us bring it down to numbers. If Federal law says that these inde- How does this lecture go? It goes we had regulation of these private pro- pendent generators, because they do something like this: ducers, then let us say a plant that not have retail customers, are not sub- It is based on economics 101 at every could produce electricity for $30 a ject to our regulation. But that is college in this country. It says if you megawatt could sell it for $50, the com- okay, because the Federal Energy Reg- want more electricity, you have the pany that owned that plant would say, ulatory Commission is supposed to do price unregulated. You have the price we make $20 for every megawatt, the the job. The law says that they are sup- go up. And if the price goes up, people more megawatts we make, the more posed to assure fair and reasonable will use less and the producers will profit we make. Lets maximize produc- rates. And they have determined that produce more. tion. Regulated price would lead to California is being gouged. Yet they Let us examine that. It makes per- maximized production. have decided to do absolutely nothing fect sense unless there is monopoly But let us say it still costs $30 a about it but sit back and smile and power. But in our market there is that megawatt to produce electricity, but watch as billions of dollars, perhaps monopoly power, and that is why eco- the owners of these plants realize if this year as much as $63 billion, are nomics 101 is not enough and lectures they shut down a couple of turbines, transferred from California consumers and condescending comments to Cali- and a couple of their buddies shut down into the treasuries of a dozen very fornia are not enough. a couple of their turbines, that the wealthy corporations, most of them First, as far as using electricity, price will go not to $50 a megawatt but based in the home State of the person California is second on the list, second to $500 a megawatt. who happens to control this adminis- only to Rhode Island in terms of con- Then they realize by producing a lit- tration and the Federal Energy Regu- serving electricity, and those statistics tle bit less, they make a whole lot latory Commission. were before we began our Statewide more. By creating a situation where we We have a dereliction of duty in this conservation plan. Californians today have to blackout 1 or 2 percent of the administration. What do we do about are conserving, and we are going to State, they are getting the maximum it? First, we expose it, and we urge conserve more. We do not have to price for every megawatt they produce. that the President get on the phone bankrupt our businesses to inspire con- So that is why lectures based on the and demand that the Federal Energy servation. most simplistic models of a free mar- Regulatory Commission finally do its But what about the main part of the ket economy do nothing but a dis- job. Second, we turn to Congress, and argument? The argument is if you service. I do not know if this is a mere we ask what about a piece of legisla- allow the price to go up and up and up, pretext at the White House and they tion requiring the Federal Government producers will produce more. Now that know full well that their reasoning is to do its job. Either of those would ac- is certainly true where there is no mo- suspect, or whether the White House is complish the task. A third possibility nopoly power. If the price of iceberg dominated by those who only took the is that Federal law would simply be lettuce went to up $2, more farmers basic course in economics and they feel modified and say as long as we are would find more land on which they passionately that somehow their im- going to sit here and say California has could plant iceberg lettuce and there prisoning of California, them taking a problem, California ought to solve it. would be more production. But that is the decision-making power away from If the Federal Government is going to because there are tens of thousands of California, they may believe that it is do nothing to help us, the least that small producers or farms that could be somehow in our interest. Certainly could be done is to transfer the author- producing iceberg lettuce, or any other facts have proven them wrong. ity to regulate these generators back farm commodity. That is what 101 eco- We have the same demand in Cali- to California State government and nomics is all about, those markets fornia that we had a couple of years then we will do the job. where you have thousands of small pro- ago. Pretty much the same demand as Why are none of these things being ducers. a couple years before that. We know done? Well, I have alluded to it. There That is not our market for elec- that price regulation works, gives us is tremendous support in this adminis- tricity. Keep in mind the electric grid reasonable bills, gives us reliable tration for the rape of California. Some for California extends only to the adja- power. The current situation is obvi- have said that is because California did cent States, all of which are smaller in ously a failure. not vote for this administration. I population and economy than we are, So only if you close your eyes to any think, instead, it is because the bene- even when combined. So we cannot im- advanced division courses in econom- ficiaries of this rape have such close port electricity from the other States. ics, and close your eyes to everything ties to the administration. Some have The market is only the western States. actually happening in the West, can pointed out that not only is there a Second, electricity gets used up as you reach the conclusion that the ab- huge flow of money from California to you transmit it. You lose about 10 per- sence of rate regulation on these pri- these dozen or so corporations, but cent of the electricity for every 300–400 vate utilities is helping California. Yet then there is a huge flow of money miles that you transmit it; so even if that is what we are told. from those corporations to the party of we did have electric grids connected, In an effort to distract us from how the present administration and that you would lose well over half the power abysmal Federal policy is in this cir- these companies were instrumental in in trying to move it that far. So the cumstance, they have come up with an- funding the Presidential campaign of market is limited to those who can other argument. That argument is that this administration. produce electricity in the western there is something evil about Cali- States. fornia and California deserves to be b 1745 There you have a few producers who punished, it is all their fault. Every bit There is perhaps a third reason, or at have seen that they have market of suffering by every Californian is least a pretext. What does this admin- power. They have seen that even if all somehow the fault of some divinely or- istration do for California with regard of the electricity is produced from the dained morality play, and has nothing to regulating these energy rates? They plants that are owned by our local util- to do with the economic regulation or lecture us. The lecture goes something ities, and all of the electricity is pro- lack therefore that comes from Wash- like this: duced from the Pacific Northwest hy- ington. You are suffering. There is nothing droelectric plants, which cannot This is, of course, a distraction. It we are going to do to help you. We are produce very much this year because of makes no sense. Even if you think that going to continue to tie your hands, a drought, and all of the electricity is California made tragic mistakes in its

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.048 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2697 decision-making process, that is no Texan; and it is of no benefit to the home and never thought that elec- reason not to regulate the price at people of Texas. tricity really came from somewhere. It which electricity is sold by these inde- We have 50 great States with great was never given a second thought. pendent generators. Even if you say people in every one of those States. There are many cases like this. these wounds are self-inflicted, that is Ms. SANCHEZ. Mr. Speaker, where I think of the water problems that no reason to let the patient die when goes California, so goes the rest of the our country will face in the near future you know how to cure him. But the Nation. Other States should take no- or sewage problems, for example, that fact of the matter is that all of the at- tice of these problems because other we see many of our cities now where tacks on California are not only insult- States will face these problems also. their underground piping has worn out, ing, they are also false. What has happened, our economy has and there is not the money to replace The biggest attack against California expanded so greatly, we never imaged that unless we do it at a Federal level is that our environmentalists pre- that this type of energy draw would be or with some grant process or with a vented private industry from building required in California. Many say Cali- real thought to what is happening un- plants in California when private in- fornians are environmentalists and did derground. dustry knew that those plants were not build plants. We can take a look So I think a lot of times we get calls needed. and know it was not because of envi- about fix the transportation system, or Mr. Speaker, there are five reasons ronmental regulations we have in Cali- I am stuck in traffic or my plane was why it is absolutely provable why Cali- fornia that we were not getting some of left on the tarmac for too long; but fornia environmentalists and Cali- these plants on-line, part of it is a these other issues of will the elec- fornia decision-making is not in any wider problem that happens with a lot tricity come on, will the water flow, way at fault, did not prevent the build- of infrastructure, and that is the not- are things that if one does not see it, ing of plants in California. I can prove in-my-backyard problem that happens we are not asked to fix it. We are not that with five different independent with so many things, whether it is a necessarily working or putting the po- reasons. jail or an airport or a utility plant. litical clout or the monies behind that. Mr. Speaker, I yield to the gentle- I think the rest of the States need to I think as a Nation we need to under- woman from California (Ms. SANCHEZ). understand we need to fix this in Cali- stand that these problems are all of our Ms. SANCHEZ. Mr. Speaker, while fornia and in the western States be- problems, and we need to come to- many are trying to make this out as a cause when it is your turn, you want to gether with good policies to fix this. California problem, it is my belief as learn from us about how not to head Mr. SHERMAN. Mr. Speaker, I thank an American that this is a problem for into this problem. the gentlewoman from California (Ms. America, and we must not only address Mr. SHERMAN. Mr. Speaker, I would SANCHEZ) for her comments. the California situation, but we also point out that I think we have saved Mr. Speaker, I will share the five should be addressing this as a long- quite a number of States from disaster. proofs that there were no bars toward term policy and energy policy really How many of our Members have said to building plants in California. for the United States. me, my State was thinking of deregula- The first is it is simply not true. We Mr. Speaker, I think there are a lot tion. Boy, we stopped that one in a are elected officials, some would say of great States. All 50 States are great. hurry. politicians. When a private company Hawaii is beautiful. I was just down in I would point out that yes, there are wants to build something big and they Florida, it has great beaches. Who situations where people say build it run into problems, that becomes an would not be envious of the New York somewhere else, not in my backyard; issue; and we all become aware of it. Stock Exchange or the Blue Ridge but if you look at generating facilities, One of the first things they do is seek Mountains or Aspen in Colorado? There that was not really the case in Cali- a meeting with whatever Members of are a lot of great things around our Na- fornia. There are other important fa- Congress are in that area, with our tion. cilities where you and I are aware that friends in local government and State Sometimes I think that people think it ought to be done somewhere, and we government; and sometimes we might because California is a wonderful place cannot quite agree where. support a project, sometimes we might and we have had a great and strong But in the case of generation facili- think it is a bad project, but there is economy for the past 8 years, we ties, it was not either local commu- never a situation where there is a huge should be punished because something nities saying not in my backyard nor controversy over whether government is happening in our State. The reality environmentalists saying do not do it will allow a big plant to be built and no is that California is the sixth largest anywhere in the State, it was the ab- politician knows about it. economy if it were a stand-alone Na- sence of any private company that One cannot have a governmental con- tion in the world. In a sense, we are really wanted to build a plant. troversy without having elected offi- even a larger part of what happens in I cannot find a single Member from cials know about it. We know that the United States. anywhere in California that said that a there was not a situation where people One of the reasons that we have been company wanted to build a plant in my wanted to build power plants and were very successful with respect to our community, and they were prevented not allowed to. economy is that we are a part of Amer- for this or that reason. They made this The second proof is that for the 8 ica. We have this ability to trade try, they worked with local people, and years of the prior Republican Gov- across all of the State lines. We have then they had to go away. We can all ernor, who, after all, served until just a an ability for people to move between mention other facilities or things that couple of years ago, 8 years of a man the 50 States. We share ideas. We get they thought of doing in our districts who was often compared to then-Gov- people who come to our universities because people did not want it. ernor, now-President George Bush, not from other States. We are connected as one plant was even applied for, not one, a country. b 1800 in a serious way. Not one application Mr. SHERMAN. Absolutely. Electric facilities are not on that was approved by that Republican Gov- Mr. Speaker, there are 50 great list. ernor for 8 years. That is not because States. Some listening to my earlier Ms. SANCHEZ. These facilities, as Governor Pete Wilson was an environ- remarks maybe thought that I thought the gentleman knows, of course we mental crackpot, because he was not. there were only 49 great States, and I have a couple coming online, one even That was because nobody wanted to was somehow criticizing Texas. Texas as soon as the end of this summer. build plants in California. is also a great State. I talk to my col- Another problem that we have had is How do I know nobody wanted to leagues from Texas, and they are al- the transmission or the grid process by build plants in California? During the most as upset as you and I are, that a which we are able to transmit this en- last several years, our local utilities dozen companies or half a dozen com- ergy. In fact, if one does not see it, one had been selling off their existing panies, many based in their State, are probably does not think about it. plants, and they tried to get a good jacking up the prices. That does not re- Think about all the people who were price for them. They really did not get flect on the ethics of the average just used to flipping on the switch at a very good price for them. Why would

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.050 pfrm02 PsN: H24PT1 H2698 CONGRESSIONAL RECORD — HOUSE May 24, 2001 anybody say I am desperate to build a So I do not know if my colleague California is burning. The hose is the new plant, but the California environ- from Orange County has additional right to regulate the wholesale price of mentalists will not let me if they will comments. electricity. That hose is being im- not pay a decent price for a plant that Ms. SANCHEZ. One of the other pounded by Washington, D.C.; and already exists? myths that we have heard is somehow those who impound it are lecturing us. We know that when something can- that Californians are just these con- They are saying you do not need a hose not be created because of environ- sumption hogs with respect to elec- to put out a fire. You need a lecture mental regulations, the old ones sell tricity. I think we were looking at about how this fire is your fault. for more. some statistics the other day that Needless to say, this summer Califor- I am proud to represent Malibu. It is showed that of the 50 States, we are be- nians will be getting those electric beautiful. A lot of people would like to hind Rhode Island, number two in the bills. Now, with other products, when I live on the beach in Malibu. Now there least amount consumed per person in want to know where something was you have environmentalists who will any State as far as the electricity that made, I pick it up and look for the tag not let you build a beach house in we use. on the back. Well, Californians are Malibu and will not let you build a big So when people say we all are just going to grab their electric bill, they beach house in Malibu, and will not let consuming too much and leave all the are going to look for the tag on the you build a tall beach house in Malibu. lights on and we are just not paying at- back, and it is going to say, made in One can be sure that they cannot buy tention to what is going on, we are ac- the corporate suites of Houston, under an existing tall, big beach house in tually one of the best States with re- license from Washington, D.C. That is Malibu at a bargain price. One cannot spect to consumption of electricity per not the way this should happen. buy it at a bargain because they can- person in the entire United States. So That is why the bill that I am down not make any more. There is a short- I would like to dispel that myth where here to speak for, a bill that many of age of beach houses in Malibu com- people are saying we just use too much us, I believe the gentlewoman has, have pared to the people who want them. energy, or we use more than the energy cosponsored was put forward by our There was not a shortage of power we should use. colleague, the gentleman from Cali- Also going back to the fact that this plants compared to those who wanted fornia (Mr. HUNTER), one of the most is a concern for America, there are to buy them or build them. conservative Members of the House, co- plenty of times, and we have seen these sponsored by the gentleman from Cali- In addition, and I have talked to numbers over and over, where we send some of the top scientists about this, fornia (Mr. CUNNINGHAM). I cannot even a lot of tax dollars to Washington and characterize how conservative the gen- an electron does not know when it we are what one calls a donor State. crosses a State boundary. So if one is tleman from California (Mr. We never get as much money as we CUNNINGHAM) is. When was the last going to build a power plant, they are send to Washington back into Cali- not building it to serve California. time you cosponsored a bill from the fornia. It is usually put in the pot out gentleman from California (Mr. They are building it to serve every- here; and when relief is going on for thing within about 400 or 500 miles of CUNNINGHAM)? floods in areas or droughts in areas or Ms. SANCHEZ. I am from conserv- that power plant, maybe a bit further. tornadoes in areas, our money usually ative Orange County. They are connecting it to the western goes to help other States who are in Mr. SHERMAN. Excuse me. Excuse grid, which includes every State from need. me. New Mexico to the State of Wash- I would just say again that from a My colleague, the gentleman from ington. That is the grid electricity can California perspective we are a team California (Mr. GALLEGLY), with whom be sent on, and one can build anywhere player. We want to be a part of the I represent Ventura County, why are in those States in order to supply those overall economy in the United States; conservative Republicans sponsoring States. and what has, I think, really angered this bill? Because it is the right thing So for us to believe that there were some Members who are from California to do. these companies that desperately and the Pacific Northwest, and also In the Senate, the bill is Feinstein- wanted to build power plants and the many Californians, is that we have had Smith. So there is bipartisan legisla- evil California environmentalists an administration here in Washington tion, bicameral legislation blocked by would not let them, one has to believe who has basically said you all fix it; it the White House, while the problem that the evil environmentalists of Ne- is nobody else’s problem. I think that continues. vada would not let them build. I mean, is a very short view of what is really Ms. SANCHEZ. One of the things that when was the last time we were told happening out in California. we have really asked for is sort of a that Nevada State government was in Mr. SHERMAN. I do want to point time-out, a time to set some prices the hands of environmental crackpots? out that those who say it is your prob- where we can take a look at were sup- That is not what we hear. lem, you go fix it, are the same ones plies really artificially taken off the So, in fact, there was no major effort who have tied our hands behind our markets in order to increase the price to build plants anywhere in the West, backs, because it is Federal law that that we have had to pay in California. both where environmentalists are says we are not allowed to impose rate What is the real demand that we are strong and where environmentalists regulation on these independent utili- facing now and the demand that we are not particularly strong, and there ties. So they sit there. We can almost will face in the near future, and what was no tremendous desire to own a hear the muffled laughter as they say suppliers do we really have, and will power plant that already existed be- it is your problem, go fix it, and, oh, that be enough and what will be a time cause even today if it had not been for let me strengthen those ropes just to line? Really a time-out to make a plan a drought, an unexpected drought in make sure they are tight. Let me gag of what happened, what is currently the Pacific Northwest, there would not you as well so you cannot complain happening and what we must do for the be a shortage. In fact, up until today I about those ropes. future. am not sure that there was a single day I would give you an analogy here. One of the things that we have asked that the existing power plants were not Imagine that your home is burning for is maybe about a year’s worth of capable of generating all the elec- down. Now, you might have one neigh- some caps so that we can take the time tricity that was demanded. bor on one side of you that does not to really understand the problem, rath- The reason for the shortage is not help you. Okay. But then you have the er than to try to legislate off the cuff, that plants were not built. The reason most malevolent neighbor who goes in, without enough information, which plants were not built was because there grabs your hose, impounds it, and then might make us have the situation was not considered to be the likelihood gives you a lecture about how it is worsen for California and for others. of a shortage. Instead, the reason there your fault your house is burning, you We are not asking for price caps for the is a shortage is that by creating an ar- should have read the 12 points about next 10 years. We are just asking for tificial shortage, they are able to drive fire safety while your house is becom- some time in which we can understand the prices higher. ing a cinder. the situation and with some bright

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.052 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2699 minds sit down and think of the solu- in various wells around the country, cut. The total cuts probably meant tion for this problem. but it is simply natural that we are that during the 6 years, we did 4 years’ Mr. SHERMAN. I might add, in de- only going to have three or four major worth of the research, at least the scribing the bill that we both support, pipelines going from one particular lo- amount provided for in President Clin- it is indeed temporary; just a couple of cation to another, or three or four ton’s budget. But then, starting with years. It is being called price caps. It is pipeline companies. So that is why we that lower amount that is in fiscal actually something that is less opposed need regulation. That is why for dec- year 2001, the President submits a than price caps by those that oppose it. ades and decades we have had it. When budget that shows a one-third reduc- It is cost-plus-profit regulation. So it is we lost that regulation, we end up pay- tion from that lower amount in the not like we turn to every producer and ing a huge amount. amount spent on research, renewables, say you cannot sell for more than $50 a Now, not only does that hurt us in conservation and efficiency. megawatt. If you have a wind farm our natural gas bills. I cook with nat- Not good. So then, realizing that the that was expensive to build and it cost ural gas, heat with natural gas, the bill country realizes that we have an en- you $80 a megawatt, 8 cents a kilowatt, goes out of sight. But also, it is built ergy crisis, that we need money spent we will let you sell for $90 or $100. So it into the price of electricity, because on renewables and research and con- is cost plus profit and that cost in- that is the fuel that we burn in those servation, the President issues his en- cludes depreciation of your equipment. fossil fuel plants that generate elec- ergy plan. His energy plan was a beau- So it is a fair price for each producer, tricity in our State. So it creates a tiful, slick book put out by his press of- plus a generous profit. higher price for electricity and it also fice, a wonderful press document, and Also the bill does call for investiga- creates an incentive, as if an extra in- in that plan he has $2 billion for clean tion. We do need to investigate what centive was needed, for some of those coal, he has tax credits for conserva- has happened and how we have been companies to withhold production. tion, he has money for research. It is gouged. When they withhold production, they all there in the pamphlet. I would point out that the California burn less natural gas, and they jack Ms. SANCHEZ. But it is not in the Public Utilities Commission has done the price up. If they operate at full tilt, budget. an investigation already. Not that we they have to pay for that natural gas Mr. SHERMAN. But the pamphlet is do not need to investigate more. They at those monopoly transportation not the law. The budget he submitted concluded that, yes, supply was with- prices. slashes the money. Then that budget is held in order to move up the price. So we do need to regulate natural gas the basis of the tax cut that they are There is another element to this bill transportation charges. We do need to going to have us pass tomorrow, the and another element of the crisis that investigate what has happened in the next day, whenever they get it written. I do want to mention, and that is the markets. We do need temporary cost- So that is going to cut the revenue natural gas crisis. plus-profit regulation of those who gen- available. And they are going to leave Now, throughout North America the erate electricity in the west. out of that tax cut several other impor- price of natural gas has more than dou- Ms. SANCHEZ. Mr. Speaker, again, I tant tax cuts that are necessary to bled, and that doubling is tough on would caution the rest of the country make that tax cut work, so they are many people around the country; and that if this can happen to California, going to come back with a second tax yet it is hard to say that that results which is one of the largest economies cut bill, and then they are going so from monopoly power. around, imagine that it could happen say, well, fine, we will agree to spend to someone else’s State also. We really the money on clean coal as long as you b 1815 need to step back. This, I think, is an take the money out of the Social Secu- There are thousands of producers of emergency in California, in particular, rity Trust Fund. natural gas, and natural gas is a won- in the next 4 or 5 months during the Mr. Speaker, that is a nonstarter. derful fuel. Its prior price had it cheap- hot summer of California. But this is a There is no money in the budget for er than oil; now it is equal with oil in bill about stepping back and taking a these conservation, research and re- terms of the Btus it produces, and it look and learning from this so that we newable programs. The budget will be burns clean. But in addition to this can, in an overall plan for the United locked in with the tax bill, and there doubling of the North American price, States, make an energy policy that will be no money appropriated. That is the cost of moving natural gas from works for each State and for all busi- perhaps why the White House needs to Texas and New Mexico and Colorado, ness people and homeowners across the see blackouts, because in the light of where it is found, to California, went Nation. day, there is an obvious contrast be- up by a factor of 12. So we pay more to Mr. SHERMAN. Mr. Speaker, I want tween telling people you are in favor of move natural gas 800 or 900 miles than to shift just a little bit, because we are conservation and renewables and re- is the value of the natural gas. The so preoccupied, quite naturally, with search and efficiency, and then, in the shipping costs exceed the product cost. the short term in our own State, and dark of night, passing the budget and 12 cents. talk a little bit about conservation and tax bills that make it absolutely im- Why did that happen? Again, the how important it is. possible to effectuate what you claim Federal Energy Regulatory Commis- Now, the problem we have is that the you want to do. sion came up with a bright idea. They President’s budget and, frankly, this Ms. SANCHEZ. Mr. Speaker, is the punched a giant loophole in their regu- Congress, over its last 6 years of Re- gentleman telling me that this tax cut lation of the four big pipeline compa- publican control, has underfunded re- that we are going to see voted on by nies. Talk about market power. There search, renewables and conservation; the end of this week would really take are only four of these companies that that, in fact, we have seen a tremen- away our ability to fund or put into the have major pipelines bringing natural dous savings of energy in this country budget, really fund programs in the gas to all of California. Big loophole. due to our limited success in those coming year, as we do our work, the They jacked up their price. Amazing. areas. Even with that limited success, programs that his slick booklet talked The FERC. we have saved, I think the figure is a about? These booklets of energy, of It is no surprise that many Califor- couple hundred billion dollars worth of fuel cell, these research and develop- nians say, we have been FERC’d. This energy, because we use renewables, be- ment programs for cleaner tech- bill, and it makes an awful lot of sense, cause we have done the research, be- nologies? We know that his original will provide for a resumption of what cause we have conservation and greater budget coming here to us cut signifi- we have had in this country for dec- efficiency. cantly, had a very paltry sum, and that ades, and it has worked well for dec- So what did the Congress do during when his administration, President ades, and that is cost-plus-profit regu- the 6 fiscal years it was in control Bush’s administration said, cutting lation of these pipelines, because we while President Clinton was in the back on consumption is not really the can have tens of thousands of pro- White House? Every single year, the way to do this, and people were upset ducers of Iceberg lettuce. We can have amount spent on conservation effi- that he did not look at conservation thousands of producers of natural gas ciencies, renewables and research was and new technologies; that he turned

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.054 pfrm02 PsN: H24PT1 H2700 CONGRESSIONAL RECORD — HOUSE May 24, 2001 around and talked about these, but the getting plants permitted. During the 8 HOUSE OF REPRESENTATIVES, reality is, his budget and the numbers years in which we had a Republican OFFICE OF THE DEMOCRATIC LEADER, that are reflected by that budget and governor, we had zero plants per- Washington, DC, May 24, 2001. what we have here is documents and mitted. Just in the last 2 years under a Hon. J. DENNIS HASTERT, Speaker of the House, House of Representatives, working documents tells a different Democratic governor, 14 plants per- Washington, DC. story. mitted, seven are under construction, DEAR MR. SPEAKER: Pursuant to section Mr. SHERMAN. Mr. Speaker, that is four of them are going to be on line 1092(b) of the Floyd D. Spence National De- exactly what I am saying. We do not this summer, another four or five will fense Authorization Act, I hereby appoint know what is in that tax bill. As I un- be on line before we hit the problems of the following individual for appointment to derstand it, there is no Democrat in next summer. We will have 8,500 the Commission on the Future of the United the room where the tax bill is being megawatts on line. That is moving for- States Aerospace Industry: R. Thomas written, although they call it a con- ward. Buffenbarger of Brookeville, Maryland. ference committee. But we do know Yours Very Truly, But getting back to renewables and RICHARD A. GEPHARDT. that when they emerge, one-third to research, as I said, the budget put for- one-half the benefits will go to income ward by the President cuts renewables f tax reductions to the wealthiest 1 per- and research and energy efficiency by IMMIGRATION cent of Americans. That is not in re- about a third. We were talking about The SPEAKER pro tempore. Under turn for that group or any other group how successful energy conservation has the Speaker’s announced policy of Jan- investing in clean coal or conservation; been. Americans have saved 4 times uary 3, 2001, the gentleman from Colo- that is just a tax cut. more energy through efficiency, con- rado (Mr. TANCREDO) is recognized for So while the President’s plan calls servation and renewables over the last 60 minutes as the designee of the ma- for tax credits for conservation, for re- 20 years than has been produced from jority leader. newables, there is nothing in the tax new sources, new finds, of fuel in the Mr. TANCREDO. Mr. Speaker, I rise bill that provides the tax credits that United States. this evening to talk about an issue the President does the press conference And Americans have saved $180 bil- about. That is why perhaps the real that I care very much about and one I lion, I might have thought it was $200 hope that will garner the attention of view of this administration, one that billion earlier, $180 billion over the last they have back-peddled from when it this House during the 107th Congress. 20 years. That is just because we are It is an issue that is seldom discussed, hit a fire storm, but their view was re- using less energy than we would have, flected in the comments well-known by unfortunately, although I consider it because we have got this technology to be one of the most significant prob- the Vice President when he said, con- and that is saving $200 for every dollar servation may be a personal virtue, but lems, one of the most significant issues that the United States has invested in facing the United States from a domes- it is not the sufficient basis for a com- developing these renewables, devel- prehensive energy policy. tic policy standpoint, and that issue is oping conservation systems. If we go massive immigration into this country. I think we need to respond. And that up to a wildlife refuge and we drill for is, excessive energy company profits I hope that we can demonstrate to- oil, we get the oil, we destroy the envi- night to everyone, to my colleagues and environmental despoliation and de- ronment, and then the oil is gone. If we struction is not a sufficient basis for a and to those listening, the numerical invest in the technology that allows us realities of mass immigration and comprehensive energy policy. What we to use less oil, we use that technology need short-term for California are some of the burdens that come with it. this year and next year, the technology Mr. Speaker, since 1970 more than 40 those rate regulations, and what we is never gone, the technology, if any- need in addition to some of the infra- million foreign citizens and their de- thing, is improved year after year. scendants have been added to the local structure improvements that the Presi- That is why if we are looking for a dent talks about is a real dedication to communities of the United States of long-term solution, we cannot get it America. Just last month, The New conservation, to research, renewables, unless we have a real dedication, not and ‘‘real’’ means you put it in the York Times reported that the Nation’s just a press office dedication, to renew- population grew by more in the 1990s budget and you appropriate money for ables, to conservation, and to research. it. Not a real good pamphlet, but a real than in any other decade in the United Ms. SANCHEZ. Mr. Speaker, I want States history. For the first time since good law. to thank my colleague from California Ms. SANCHEZ. Mr. Speaker, being the 19th century, the population of all for taking this hour to discuss and to from California or going to New York 50 States increased, with 80 percent of dispel some of the myths that people or these research institutions where America’s counties experiencing around the country have heard about they are doing the research, these peo- growth. Demographic change on such a Californians and about what we are ple are so optimistic, the researchers. massive scale inevitably has created facing there. I hope that many of them They are looking at fuel cells and al- winners and losers here in America. It will take the time to read the real in- ternative fuels and different ways, is time that we ask ourselves, what formation and to understand that rather than to use fossil fuel for the fu- level of immigration is best for Amer- where California goes, so does the rest ture. I mean, when we think of our ica and what level of immigration into of the Nation. I want to thank my col- country and this whole new technology America is best for the rest of the league for the time given. and new economy that we are going world? through. I think if, in 1960, President Now, as we have witnessed, Mr. Kennedy could say, we need to get a b 1830 Speaker, the previous speaker spent man to the moon and we could develop Mr. SHERMAN. Mr. Speaker, I want some time discussing the problems of that technology that did that by July to thank my colleague from Orange energy in California specifically, or I of 1969. County for participating in this special should say the lack thereof. Of course I am very familiar with that, of order. I think we have covered the sub- this is a monumental problem facing course, because it came out of the area ject well. the Nation. Something almost unbe- that we represent, that certainly, with lievable is happening to us, a Nation, all of the new technology, with the re- f the richest Nation on the face of the search, if we just put money into that Earth is now experiencing, in one of and let these people go at it, that in 5 the richest States of that Nation, roll- COMMUNICATION FROM HON. RICH- or 6 years, we would completely change ing blackouts, energy shortages. How ARD A. GEPHARDT, DEMOCRATIC the type of energy that we use to run can this be? The previous speaker had LEADER our cars and run our businesses and our some idea as to why it occurred. But, homes. The SPEAKER pro tempore (Mr. of course, it is only a symptom, Mr. Mr. SHERMAN. Mr. Speaker, if I can OSBORNE) laid before the House the fol- Speaker. All of the problems experi- just add some of the statistics to back lowing communication from RICHARD enced by California and that will most this up. Earlier we were talking about A. GEPHARDT, Democratic Leader: certainly be experienced by other

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.056 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2701 places around this Nation, the problem the appropriate Federal role and the noted that during these times, the with not enough resources, not enough appropriate State role, but in this case United States had vast expanses of vir- energy to supply the needs of the popu- with the issue of immigration, there is tually open land and was certainly lation, goes back to a much deeper no question, it is a Federal role. much better able to handle 236,000 new- root. It is not just the inability of the Only the Federal Government has the comers annually. bureaucracy to move quickly for the role and responsibility to establish im- Then suddenly in the 1970s and 1980s approval of power plants or the number migration policy. And so it is only ap- at the very time the majority of Amer- of companies that are transporting the propriate that we should be discussing icans were coming to the conclusion product from place to place. this tonight, and I hope many more that the United States population had It is, in fact, numbers. It is people. evenings and many more days on the grown large enough, due to changes in California has experienced, as well as floor of this House in the 107th Con- our immigration laws, immigration the rest of the Nation, an incredible in- gress, because, Mr. Speaker, it is about soared above traditional American lev- crease in population over the last cou- time somebody brought this up. It is an els, rising to an average of more than ple of decades. That population in- issue that underlies so many of the 500,000 a year. We averaged around 1 crease naturally forces all kinds of things that we discuss here that are million a year during the 1990s. The cu- other things to occur: Great demands really in a way the veneer. mulative effect of years of high immi- on our natural resources. We just passed an education bill out gration has taken a while for Ameri- We wonder when we look around, all of this House increasing the Depart- cans to comprehend. But many have of us, is it not interesting that every ment of Education’s budget by some awakened to a rather startling realiza- single day as we come to work and we $20 billion to $22 billion. There was a tion that the unrelenting surge of im- recognize how difficult it is, how many lot of discussion about the need to migration above traditional levels is more cars there are on the road and build more schools. We are quite con- changing their communities, changing how much longer it takes to get to cerned about our Nation’s schools, and communities throughout the United work and we say to ourselves, gee, we are forced to come here to the floor States into something oftentimes the where are all these people coming of the House of the United States Con- residents do not like, do not recognize from? Believe me, in Colorado, my gress to deal with education which of even as their own. I am joined on the floor by my dear home State, we are experiencing a dra- course is not even in the Constitution colleague and friend the gentleman matic, almost incredible growth rate. as a role and function of this body. But from Virginia (Mr. GOODE), who has I And where are these people coming we do it because the pressure is build- know some great concerns about the from? Is it the natural growth rate of ing out there across the land for some- issue because he is a member of our the population, the indigenous popu- thing and somebody to do something caucus, a caucus we started last year lation of this country? No, sir it is not. because education is a problem. called the Immigration Reform Caucus. It is, in fact, immigration, massive im- Let me again suggest that one sig- I would like to now turn to the gen- migration, the size of which, the num- nificant aspect of this education prob- tleman from Virginia (Mr. Goode) for lem in America is massive immigra- bers we have never experienced before his comments on this issue and thank tion. In California alone, to meet the in this Nation’s history. him very much for joining us this Now, we have for a long time found it demands imposed upon that State by evening. difficult to wrestle with this question the massive number of people that are Mr. GOODE. Mr. Speaker, I want to of immigration. People are concerned coming in there, immigrants, and, by thank the gentleman from Colorado for about coming forward and actually de- the way, we are only so far talking addressing immigration and for point- bating this point. The reason, of about legal immigration. We are not ing out the figures that are impacting course, is that there is always a taint even discussing for the moment the the Fifth District of Virginia and most associated with it. When you start numbers of people who come here every every House district in this country. talking about the problems of massive single year illegally and actually stay One piece of legislation that I would immigration, opponents of those of us here, become part of the population, do like to see addressed by this Congress who want to limit immigration always not return to their country of origin. I would establish English as the official want to use race cards in the discus- am just talking about legal immigra- language of the United States. I am not sion. They always want to talk about tion and the pressure that legal immi- advocating that all in this country this as being a racial issue. But I as- gration puts on this country. should speak English only. In fact, I sure my colleagues, from my point of Specifically, the State of California would encourage all students to learn view, it has nothing to do whatsoever would have to build a school a day for other languages. I have encouraged my with race. It is simply a matter of the next several years in order to meet daughter in her efforts to learn French numbers. the demands being placed upon it be- and Spanish and to be fluent in both of It is difficult to talk about it when cause of the population growth in that those languages. We should try to learn we see nostalgic images of Ellis Island particular State. It is not unique. We other languages and other cultures, and we know that our own families, all are seeing this happen all over. These and I believe that our President is a of us here, have come to the United are tough questions but they can no stronger President because of his flu- States, probably most of us, I should longer be avoided, Mr. Speaker. As we ency in Spanish. But we need to have say, through that particular port of enter the fourth decade of the highest English as the language of this coun- entry. We all recognize that that is our immigration we have ever experienced try. Having one common language is a heritage. We all know someone, an im- in this country and we struggle with unifying force for a nation. We will be migrant who is here, who is struggling its impact, we must discuss it. stronger as a nation with one language and striving to achieve the American Some people express shock that which all persons in this great country dream, and we think about them nos- Americans could consider cutting im- share and which all could use in com- talgically and we think about them as migration and thereby violating what municating with persons all across the admirable people, and they are. they claim to be the country’s tradi- United States. Mr. Speaker, I have absolutely noth- tion of openness. But they truly mis- We can avoid the Canadian situation. ing against those folks who come here, understand U.S. history. It is actually In Canada, they have held several and I would be doing exactly the same the high levels of immigration during referenda to break apart that country. thing if I were living in their condition, the last three decades that have vio- The French-speaking Quebec province in their situation. I would be looking lated our immigration tradition. From has sought several times to split from for the way to get into the country. the founding of the Nation in 1776 until Canada. In the last referendum, there But, in fact, we have a responsibility in 1976, immigration has varied widely was a very close vote and the separat- the United States, and the Federal but the average was around 236,000 peo- ists almost prevailed. If we drift into a Government has a unique responsi- ple per year. Now, this was a phe- situation in this Nation where all per- bility here. It is something the States nomenal flow into any single country. sons in a region speak and use only a cannot deal with on their own. We con- It was unmatched by any country on non-English language, then the sepa- stantly fight this battle about what is the face of the Earth. It should be ratist spirit may arise in the United

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.059 pfrm02 PsN: H24PT1 H2702 CONGRESSIONAL RECORD — HOUSE May 24, 2001 States. I do not want to see a situation cial and ecological landscape all over understand that. It is a constant bal- in this country develop like that in America. None of this, none of this has ance, a constant tug of war between Canada. been inevitable. Legal immigration the desire to get out there and experi- b 1845 into this country has quadrupled over ence this great and wonderful land on the traditional American level for one the one hand and the recognition that By adopting English, we can avoid reason and one reason only. Congress the numbers of people that we have certain other problems. We can avoid and the various Presidents for the last trying to do that will eventually lead the need to have multilingual highway several years have made it happen. to the complete elimination of those signs. Can one imagine the cost on I do not know if anyone ever in- valuable resources. It certainly will each State if we had to adopt multi- tended for such an onslaught to take lead to their almost immediate deg- lingual signs. If all of our governments place when the immigration laws were radation. had to adopt forms and papers in the changed in 1965, but for nearly three Why? It is because of the numbers. various languages, it would be a huge decades during various efforts to con- Everything we face, it seems like every cost on the Federal Government and trol illegal immigration, Congress has time we turn around in this Congress, the individual State governments. We stood by as the much larger legal im- we are faced with numbers. We keep can prevent a separatist spirit from migration numbers have soared and looking at the symptoms. We try to arising here by choosing English as our citizen opposition has risen correspond- figure out a way to allow people to get official language now. into the national parks and, like I say, Mr. Speaker, I want to thank the ingly. It is common when discussing nega- gentleman from Colorado (Mr. making reservations for them years tive trends from high mass immigra- and years in advance and saying one TANCREDO) for his focus on this impor- tion to focus on individual immigrant tant issue. can only use snowmobiles on certain Mr. TANCREDO. Mr. Speaker, I skills, education morals, their country trails, one can only walk on certain thank the gentleman from Virginia of origin, culture and race. If one side trails, one cannot drive one’s car off (Mr. GOODE) for joining us this evening points out that some immigrants are the road here. We keep trying to figure and for his comments. The gentleman prone to crime and destructive behav- out ways to contain the numbers of from Virginia (Mr. GOODE) brings out a ior, the others note that most immi- people. number of issues specifically related to grants arrive with high motives, good What happens, of course, is that the the problems that we confront in the character, and laudable behavior. quality of life declines for all of us, not nature of when we have pressures Some observers fear that the volume just those who want to seek the pleas- brought in our schools to teach chil- of nonEuropean immigration threatens ures of a pristine America, but those dren in languages other than English, to swamp America’s cultural heritage. who live in cities where all of the serv- in our businesses to have forms in the Others welcome an evermore multicul- ices in that city, the demands for serv- language other than English, in our tural society. Nonetheless, the chief ices grow astronomically, almost expo- politics to go to the polls. At a time, difficulties that America faces because nentially. The demands for schooling, there were probably half of the coun- of current immigration are not trig- the demands for sewage treatment fa- ties in Colorado that actually, by law, gered by who the immigrants are but cilities, the demands for streets and had to have ballots written in two dif- how many they are. That is the point highways all grow beyond our ability ferent languages. There are still coun- we have to focus on. It is the numbers. to actually deal with them successfully ties who do that. There are still places The task before the Nation is setting because of the numbers. throughout the country that require a fair level of immigration, and it is The huge number of people that are that. not about race. It is not about some vi- coming into this country as immi- Now, let us think about what that sion of a homogenous America. It is grants have created for us a significant really means. If, in fact, one cannot un- about protecting and enhancing the problem. There is another aspect of derstand English, and at the point in United States’ unique experiment in this. Mass immigration has depressed time that one comes to vote, one has to democracy for all Americans, including the wages of many an average Amer- be given a ballot in a different lan- recent immigrants regardless of their ican worker. Despite two decades of guage, does that not mean that one is particular ethnicity. economic boom, the wages of our most also most likely unable to understand It is time for us to confront the true vulnerable working Americans have re- the debate that occurred prior to the costs and benefits of immigration num- mained relatively flat or even declined. decision one makes to vote? bers. They have skyrocketed beyond This sorry recent record contrasts All of the discussion of the issues our society’s ability to handle them markedly with the rapidly rising wages were inevitably in English. All of the successfully. These huge nontradi- of all Americans during the two dec- candidates speaking, let us say 90 per- tional numbers have led to many un- ades after World War II. cent of the time anyway, were speak- wanted consequences. Before 1965, the Congress wisely pur- ing and telling us their particular posi- Every single committee I sit on, the sue a supplied-side labor policy of man- tions, their attitudes, their ideas in three committees I sit on, deal with aged immigration that limited the English. But if one cannot understand some aspects of this. I am on the Com- number of immigrants to the tradi- that, and one goes to the polls to vote, mittee on Resources, and almost every tional and historic level of around on what basis does one make these de- single hearing, we are confronted by 200,000 a year. cisions if one cannot understand the problems that the citizens of this During that age of managed immi- English and have to be given a dif- country face when trying to actually gration, tens of millions of Americans ferent ballot? even access on a recreational basis the rose from poverty into the middle But that is just one point that we beautiful places in this Nation that are class. A supply-side labor policy de- have addressed this evening that I have available to them. monstrably works. Mass immigration mentioned before as being many fac- The other day, we were talking about does not. To protect America’s middle etted, many, many different problems Yellowstone National Park, and there class and help more people at the bot- that we confront as a Nation as a re- is a great concern because of the num- tom move up to the middle class, it is sult of massive immigration. bers of people presently trying to visit time to end America’s experiment with Many Americans have awakened to a that park every single year. We are mass immigration. startlingly realization, Mr. Speaker; talking about making reservations, Immigration, massive immigration that is, that the unrelenting surge of having people make reservations to and the numbers that we are watching immigration above the traditional lev- visit any of the national parks, some- here has endangered American edu- els, as I said earlier, is changing our times years in advance because we can- cation. Children native-born and for- communities and, as the gentleman not accommodate the numbers. eign-born are not achieving the edu- from Virginia (Mr. GOODE) mentioned, We are talking about what happens cational standards that are certainly in ways that we find distracting. to the deserts of this country by the possible and necessary for them to The unprecedented flow of immigra- many people who are trying to exer- eventually go on and get a slice of the tion has dramatically reshaped the so- cise, again, their rights to recreate. We American dream.

VerDate 11-MAY-2000 01:25 May 25, 2001 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.060 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2703 So these children are not only begun to advise companies to provide begun providing ‘‘survival kits’’ to threatened by the depressed wages of warnings in foreign languages or that 200,000 people planning to head north many of their parents, but they are at least include Spanish on warning la- illegally. The kits contain medicine, menaced by the decline of America’s bels because ‘‘it may be thought to be condoms, cans of tuna, granola, and in- public schools. It is a decline not made necessary by some judges and juries in formation about crossing the desert. because of immigration, but it is exac- certain jurisdictions’’. This is at a time when the Mexican erbated by mass immigration. Mr. Speaker, with over 140 languages government is telling the United The poverty level for America’s chil- being spoken in America, the issue of States Government that they want to dren is growing, a phenomenon none of warning labels leads down a very slip- act to discourage illegal immigration. like to imagine. How can this be hap- pery path. How many are necessary? If But, Mr. Speaker, I put it to you that pening in the United States, in the one opens a box and cannot read the in- there is no desire whatsoever on the richest country in the world? structions or the warning label, how part of the government of Mexico or Let us look specifically, if we look many languages should that be printed several other countries to discourage closer at the problem, as is so often the in, in order for one not to have the pos- immigration because we are their safe- case with this issue, we see that it is in sibility of being sued? ty valve. That border, an open border, fact growing but growing among only a How many street signs do we need to is their safety valve. And, Mr. Speaker, particular group of people. These are change into how many languages so it would be one thing if we only had to the children of immigrants, both legal that the people driving down the street be concerned about the quality of life and illegal. will not sue the city if someone runs in Mexico, but it is also our responsi- Now, these problems that confront into them because they are going down bility to be concerned about the qual- this country again, we will try to deal the wrong way on a one-way street? ity of life in the United States. with here. We will pass massive budget But they say, hey, that sign was in Now let us take a closer look at the increases. We have been doing it every English. I could not read it. demographic effects of these decades of single year for Health and Human As bizarre as this sounds, as incred- mass immigration. From 1924 to 1965, Services. We will actually in 5 years, of ible as this sounds, this is happening. approximately 178,000 immigrants an- course, double the appropriations for Police now are having to hire, not just nually are brought into the United the National Institutes of Health, and I medical teams, but police are having to States. At no other time in history was have voted for that. the country so positive about immigra- I understand the concerns that we hire these people to go with them also tion or did immigrants assimilate so have and that we have to address it. on their rounds. Well, okay, maybe one can handle quickly or were they so welcomed. But the reality is, where is this coming In 1965, Congress changed the law. from? Why are we facing these prob- this. Maybe the cost of this can be borne by one’s local community if one Democrats promised that our immigra- lems in a way that has never before tion numbers would not rise by more confronted the United States? I tell my is just one language other than English than 40,000 a year, but that quickly colleagues, Mr. Speaker, I believe with that one has to be concerned about. rose by hundreds of thousands a year, all my heart it is the numbers. But what happens when there is, in my I mentioned earlier that the massive own school district, when there are lit- and Democrats have fought all efforts overcrowding that is plaguing Amer- erally hundreds of languages that are to correct the mistake. So during the ica’s public schools can be blamed spe- being spoken? 1990s, we averaged not 178,000 a year, cifically, it goes directly back to immi- How many people need to go with the but 1 million legal immigrants each gration. Mass immigration also harms cop to the door to answer the domestic year. That is why there is so much con- recent immigrants. It is the recent im- dispute call? It could be in a variety of cern about immigration out there. It is migrants themselves who are most at languages. Will they be held liable, will not that everyone has turned mean- risk on America’s default on its com- the police be held liable if they cannot spirited and not that we have suddenly mitment to a middle-class society. It is understand the language of the person changed our minds about immigrants the children of recent immigrants, at the door? or the foreign born. It is just that the many of whom cannot speak English, There are other recent newspaper ar- numbers have gotten so high at the whose future has been put at risk by ticles demonstrating the problems with very time most Americans had decided the damage mass immigration has done and attendant to a massive immigra- they wanted to stabilize the population to America’s schools. tion. Monday in the Denver Post was a like the rest of the world. We hear more and more about a dis- printed story about just how overtaxed Now, there is actually quite a bit of turbing trend involving immigrants Amercians enforcement mechanisms ambiguity on the part of Americans on who cannot speak English holding soci- have become. In Durango, Colorado re- the topic of the population. Polls show ety liable for their inability. The other cently a group of illegal immigrants that most Americans, when asked, like day, I was reading an article in the were detained in a motel because the the immigrants they know. In general, Denver Post relating to a story that Immigration and Naturalization serv- they say they are hard-working and the ambulance drivers were being ice had no other place to hold them. add some things to America individ- ually. I would certainly say that if forced to hire a Spanish speaker to ride b 1900 along to communicate with non- asked. But a majority also say there English speakers being treated by The illegal immigrants, of course, es- are simply too many. them, primarily, of course, illegal im- caped out the window of their motel I am now going to show something migrants. room, perhaps never to be seen again. that I believe is most important in the These teams felt obligated to retain But of course the numbers, again, these context of understanding the immi- these foreign speakers for one reason, are the numbers we are talking about, grant issue that is before us. In fact, I to protect themselves from the rash of massive, 1 million a year, legally. Then do not believe any immigration deci- lawsuits being filed by non-English we add to that about another 300,000 or sion should be made in this country speakers against emergency medical 400,000 who come here under a different without referring to this or how they teams who could not understand them category all together but still legally. relate to the charts I am going to show when the ambulance arrived. Refugee status that is called. Some you. The chart in the well there is U.S. The gentleman from Virginia (Mr. people estimate even double that num- population growth since 1970 in mil- GOODE) alluded to another aspect of ber all together, 2- or 3 million that we lions. this where products being made, manu- gain every single year, net gain, of ille- In 1970, we had 203 million people in facturers of various products are being gal immigrants. the country. A small number down threatened with suits because their And what does that do to all of the there in the circle, left-hand side of the products were misused by the people mechanisms that I have described chart: 203 million. The green part of who could not read the instructions in here? Enforcement mechanisms that that chart represents the growth in English that accompanied them. are at our Nation’s border have become U.S. population that lived here in 1970. According to the New York Times, a farce. Another news outlet recently You can see now that there was a baby the product liability consultants have reported the Mexican government has boom. It is called on the chart the baby

VerDate 11-MAY-2000 02:14 May 25, 2001 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.062 pfrm02 PsN: H24PT1 H2704 CONGRESSIONAL RECORD — HOUSE May 24, 2001 boom echo. So there was an increase in work every single day and everything is the only way that we even can re- the number of people who lived here. around you, you see all the land being motely hope to improve the quality of Now, we are not talking about immi- consumed, of what was yesterday a life for people around the world. We gration, just indigenous population at beautiful farm is today beginning to cannot do it by taking them in here. that time, from 203 to 243 million peo- sprout houses, and what was a pasture We will bring both ships down. ple recently. not too long ago is now an industrial A lot of people wonder if immigration Around 1970, American people, park, and you keep saying where is this will be brought down to something in through personal choices, decided to coming from? I do not understand it. It the more traditional level. Well, I do start having small families. As a re- is surprising because I just did not not have a crystal ball, but I can say sult, we ended up with a fertility rate think the natural population of this that I believe the pressure for us to do that was just below replacement level. growth of this country was creating something will grow, and I believe that We still had growth, because even this, well, you are right, it is not the this Congress will act. I do not know if though the baby boomers had small natural population growth of the coun- it will be today. I hope it is today. But families, there were so many baby try that is creating it. It is the massive my gut tells me that it will not be. boomers that we kept on growing in numbers of immigration of immigrants That it will be some time before we population, but by less and less. De- into this country, both legal and ille- will ever have the courage to actually mographers have taken a look to see gal, that is causing the problem. address this problem of immigration. what the growth will be in the rest of Remember, this chart, the red you Let us be realistic about it, there are the century from 1970-based American see on that chart, does not reflect ille- people in this body who look at this population. gal immigrants. It is just what would problem and look at this issue from po- As you can see from the green, the happen if we keep our immigration pol- litical vantage points and suggest that baby boom echo will add for a while icy today at the same legal number. So massive numbers of people coming into and then actually, about 2030, it stops. if you think we are crowded today, if the country will benefit one particular That baby boom growth stops, and then you think that it is harder and harder party over another. And it is, I suggest, it begins to recede back to the 1970 lev- to find a place to go and recreate, hard- their own very shortsighted, very polit- els. er and harder to get out to the moun- ical point of view that has prevented us Now, does the green assume a zero tains and get away from it all, to find in this body from doing anything about immigration level? The answer is no. a place where there is nobody around, limiting going immigration now for This is actually replacement level im- and how many times have we wished some time. There is a political advan- migration. Because it assumes the we could be in that situation, just be tage to be gained by one party over an- same number of immigrants coming alone for a while, when it is harder and other by having high levels of immi- into the country as Americans are harder to be alone for a while today, gration. But look at what it is going to leaving it, at about, by the way, 200,000 what do you think it is going to be like do to the rest of the Nation and to the a year. But look at the red on the left- in 2050 or at the end of the century at immigrants themselves. It is not the hand side. It represents every immi- these levels? best thing. grant above the replacement level who We have some of our coastal areas Massive immigration is not the best came here since 1970, plus their de- even today showing signs of societal thing for immigrants, it is not the best scendants, minus the death from both breakdown, at this present level of im- thing for America. Do we act now, groups. Now, that means that there has migration. As I started out with my while we have the strength to help the been more population growth from im- whole discussion this evening, I was re- rest of the world, or do we wait until migration as there has been from nat- flecting upon the previous speaker’s years from now when we are in such a ural growth from 1970 stock popu- concerns about California. Well, Cali- situation of disintegration and turmoil lation. fornia is just a microcosm of where that we can only look inward? Do we So where it says 281 million, that is this Nation will be in the not-too-dis- cut the numbers now, while most where we are now. And what it shows is tant future. And not just in terms of Americans still have favorable feelings the growth in the immigrant, the legal its energy problems, but in terms of about the foreign-born Americans liv- immigrant remember, legal immigrant the population growth and all of the ing with us? Those are the options we population into the United States other problems that are attendant to face as Americans. It is why it is ur- which matched the growth of this massive population growth. gent and important that every Amer- country naturally. That means that in There are people who suggest that it ican make sure that their own Member this period of time since 1970 to today is our responsibility to bring these peo- of Congress is working towards some- we have had to double all of the addi- ple in because, of course, they are poor, thing like this rather than what the tional infrastructure expenditures we they are impoverished, and we need to majority is now doing, giving us some- have had for the country. We have had help them out. Please understand this. thing like that on the chart. to build twice as many schools, twice Even if we continued to take a million There are really two immigrant de- as many sewage treatment plants, a year legally, we cannot even put a bates taking place in America today: twice as many roads and streets. All of dent, not even the slightest dent into the numbers debate and the character- this additional needs of this country the world population of poor. Every istics debate. There are those who have doubled because the Federal Gov- single week, every single year, millions argue that we should either increase or ernment has quadrupled immigration. upon millions are added to the number decrease the total level of immigration Now, let us look at where we are of poor people in the world. And that is and others who argue we should in- headed according to the U.S. Census a terrible shame. Every year, 80 mil- crease immigration based on the char- Bureau numbers. The Census Bureau lion. We take one. We are adding 80 acteristics of the immigrants them- tells us that this will be the future if million a year impoverished all over selves. I believe that the second debate immigration continues at today’s the world to the already 3 billion peo- cannot take place independently of the rates. This is what we will bequeath to ple who fit that category. first. After all, every immigrant that our children and our grandchildren this What can America do about that? we admit to the United States has spe- century. This is not conjecture, this is How many can we take to make a dif- cific skills or good characteristics, and not speculation, it is not subjective, ference? I suggest that if we truly that contributes to a huge overall this is not what might happen, this is wanted to be concerned about and show number of immigrants that I spoke of what will happen if Congress keeps im- concern about the people in other earlier. migration four times higher than tradi- countries, do not allow those govern- I want my colleagues to understand I tional levels. ments off the hook, do not allow Mex- am not anti-immigrant. I am anti-mass If Americans are feeling over- ico, for instance, to use the United immigration. I firmly believe that we whelmed by congestion, the traffic, the States as their escape valve. Force must take overall numbers into ac- overcrowded schools and the sprawl at them to deal with their problems inter- count in any immigration debate and this level, down there at the 2000 level, nally. Force them to improve the qual- look at the impact of those numbers when you go to school, when you go to ity of life for their own residents. That and how they affect our communities.

VerDate 11-MAY-2000 02:14 May 25, 2001 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.064 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2705 b 1915 extend their remarks and include ex- the Administration’s final rule—Eligibility and Scope of Financing (RIN: 3052–AB90) re- Mr. Speaker, I hope that we have traneous material:) Mrs. BIGGERT, for 5 minutes, today. ceived May 21, 2001, pursuant to 5 U.S.C. begun the process even tonight of es- 801(a)(1)(A); to the Committee on Agri- Mr. PAUL, for 5 minutes, today. tablishing a dialogue and a debate on culture. this issue. It has for too long been held f 2109. A letter from the Under Secretary, Comptroller, Department of Defense, trans- in secret even around the halls of Con- ENROLLED BILL SIGNED gress. For too long there has been a mitting a report of a violation of the fear to address the issue of immigra- Mr. Trandahl, Clerk of the House, re- Antideficiency Act by the Department of the ported and found truly enrolled a bill Air Force, pursuant to 31 U.S.C. 1517(a)(2); to tion for fear that people will attack the Committee on Appropriations. those of us who are attempting to deal of the House of the following title, which were thereupon signed by the 2110. A letter from the Under Secretary, with it and use all kinds of spurious ar- Comptroller, Department of Defense, trans- guments against it. Speaker: mitting a report of a violation of the I encourage us all to think about the H.R. 801. Veterans’ Survivor Benefits Im- Antideficiency Act which occurred in the De- need to once again gain control of our provements Act of 2001. partment of the Navy, pursuant to 31 U.S.C. own borders, reduce the number to a f 1341(a); to the Committee on Appropriations. 2111. A letter from the Under Secretary, level that is the more traditional level ADJOURNMENT Comptroller, Department of Defense, trans- of 175,000 to 200,000 a year legally com- Mr. TANCREDO. Mr. Speaker, I move mitting a report of a violation of the ing into this country and then try our Antideficiency act which occurred in the De- best to deal with the illegals who are that the House do now adjourn. partment of the Army, pursuant to 31 U.S.C. coming at a rate of 1 or 2 million into The motion was agreed to; accord- 1341(a); to the Committee on Appropriations. the country, a net gain to the country. ingly (at 7 o’clock and 18 minutes 2112. A letter from the Chief, Programs and We have to address it. The States can- p.m.), under its previous order, the Legislation Division, Office of Legislative not do it. House adjourned until tomorrow, Fri- Liaison, Department of Defense, transmit- day, May 25, 2001, at 10 a.m. ting notification that the Commander of El- Mr. Speaker, it is our responsibility mendorf Air Force Base (AFB), Alaska, has and ours alone. It is time to take that f conducted a cost comparison to reduce the responsibility. Stand up, take the heat. EXECUTIVE COMMUNICATIONS, cost of the Base Supply function, pursuant There will be plenty of it. Mr. Speaker, ETC. to 10 U.S.C. 2461; to the Committee on Armed I can guarantee that tomorrow, and Services. probably tonight, the phones are ring- Under clause 8 of rule XII, executive 2113. A letter from the Chief, Programs and ing off the hook. The racial epithets; communications were taken from the Legislation Division, Office of Legislative Speaker’s table and referred as follows: Liaison, Department of Defense, transmit- we have been through this before. ting notification that the Commander of 2102. A letter from the Acting Executive I am willing to take the heat and be Patrick Air Force Base, Florida, has con- Director, Commodity Futures Trading Com- called the names because I believe that ducted a cost comparison to reduce the cost mission, transmitting the Commission’s this problem is a significant, perhaps of the Supply and Transportation functions, final rule—Changes in Reporting Levels for the most significant, serious domestic pursuant to 10 U.S.C. 2461; to the Committee Large Trader Reports (RIN: 3038–ZA10) re- problem we face as a Nation. Whether on Armed Services. ceived May 17, 2001, pursuant to 5 U.S.C. 2114. A letter from the Assistant Secretary, it is resource allocation, schools, build- 801(a)(1)(A); to the Committee on Agri- ings, hospitals, or just the quality of Force Management Policy, Department of culture. Defense, transmitting the annual report on life, it is the numbers, Mr. Speaker. It 2103. A letter from the Acting Deputy the number of waivers granted to aviators is the numbers. Under Secretary, Department of Agriculture, who fail to meet operational flying duty re- transmitting the Department’s final rule— f quirements; to the Committee on Armed Rural Business Enterprise Grants and Tele- Services. LEAVE OF ABSENCE vision Demonstration Grants (RIN: 0570– 2115. A letter from the Assistant to the AA32) received May 11, 2001, pursuant to 5 By unanimous consent, leave of ab- Board, Board of Governors of the Federal Re- U.S.C. 801(a)(1)(A); to the Committee on Ag- serve System, transmitting the Board’s final sence was granted to: riculture. rule—Credit by Brokers and Dealers; List of Mr. BECERRA (at the request of Mr. 2104. A letter from the Administrator, Foreign Margin Stocks [Regulation T] re- GEPHARDT) for today and the balance of Food Safety and Inspection Service, Depart- ceived May 22, 2001, pursuant to 5 U.S.C. the week on account of family medical ment of Agriculture, transmitting the De- 801(a)(1)(A); to the Committee on Financial reasons. partment’s final rule—Mandatory Inspection Services. of Ratites and Squabs [Docket No. 01–045IF] Mrs. MEEK of Florida (at the request 2116. A letter from the Chief Counsel, Bu- (RIN: 0583–AC84) received May 18, 2001, pursu- reau of the Public Debt, Department of the of Mr. GEPHARDT) after 12:00 p.m. today ant to 5 U.S.C. 801(a)(1)(A); to the Committee on account of personal business in the Treasury, transmitting the Department’s on Agriculture. final rule—Government Securities Act Regu- district. 2105. A letter from the Principal Deputy lations: Definition of Government Securities Mr. GILLMOR (at the request of Mr. Associate Administrator, Environmental (RIN: 1505–AA82) received May 23, 2001, pur- ARMEY) for today on account of per- Protection Agency, transmitting the Agen- suant to 5 U.S.C. 801(a)(1)(A); to the Com- sonal reasons. cy’s final rule—Thiamethoxam; Pesticide mittee on Financial Services. Tolerance [OPP–301132; FRL–6784–7] (RIN: 2117. A letter from the Secretary, Depart- f 2070–AB78) received May 17, 2001, pursuant to ment of the Treasury, transmitting the an- SPECIAL ORDERS GRANTED 5 U.S.C. 801(a)(1)(A); to the Committee on nual report on the operations of the Ex- Agriculture. change Stabilization Fund (ESF) for fiscal By unanimous consent, permission to 2106. A letter from the Principal Deputy year 2000, pursuant to 31 U.S.C. 5302(c)(2); to address the House, following the legis- Associate Administrator, Environmental the Committee on Financial Services. lative program and any special orders Protection Agency, transmitting the Agen- 2118. A letter from the General Counsel, heretofore entered, was granted to: cy’s final rule—Extension of Tolerances for Federal Emergency Management Agency, (The following Members (at the re- Emergency Exemptions (Multiple Chemicals) transmitting the Agency’s final rule— [OPP–301124; FRL–6782–1] (RIN: 2070–AB78) re- quest of Mr. MCNULTY) to revise and Changes in Flood Elevation Determina- ceived May 17, 2001, pursuant to 5 U.S.C. extend their remarks and include ex- tions—received May 22, 2001, pursuant to 5 801(a)(1)(A); to the Committee on Agri- U.S.C. 801(a)(1)(A); to the Committee on Fi- traneous material:) culture. nancial Services. Ms. NORTON, for 5 minutes, today. 2107. A letter from the Principal Deputy 2119. A letter from the General Counsel, Mr. DEFAZIO, for 5 minutes, today. Associate Administrator, Environmental Federal Emergency Management Agency, Mr. ENGEL, for 5 minutes, today. Protection Agency, transmitting the Agen- transmitting the Agency’s final rule—Final Mr. UNDERWOOD, for 5 minutes, today. cy’s final rule—Aspergillus flavus AF36; Ex- Flood Elevation Determinations—received Mr. SHOWS, for 5 minutes, today. tension of Temporary Exemption From the May 22, 2001, pursuant to 5 U.S.C. Requirement of a Tolerance [OPP–301124; 801(a)(1)(A); to the Committee on Financial Mr. HONDA, for 5 minutes, today. FRL–6781–7] (RIN: 2070–AB78) received May Services. Mr. SKELTON, for 5 minutes, today. 17, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to 2120. A letter from the General Counsel, Mr. PALLONE, for 5 minutes, today. the Committee on Agriculture. Federal Emergency Management Agency, (The following Members (at the re- 2108. A letter from the Chairman and CEO, transmitting the Agency’s final rule— quest of Mr. REYNOLDS) to revise and Farm Credit Administration, transmitting Changes in Flood Elevation Determinations

VerDate 11-MAY-2000 02:14 May 25, 2001 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K24MY7.067 pfrm02 PsN: H24PT1 H2706 CONGRESSIONAL RECORD — HOUSE May 24, 2001 [Docket No. FEMA-D–7509] received May 22, Soild Waste Landfills [WV–042–6011a; FRL– cles and services (Transmittal No. 01–10), 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6983–6] received May 17, 2001, pursuant to 5 pursuant to 22 U.S.C. 2776(b); to the Com- Committee on Financial Services. U.S.C. 801(a)(1)(A); to the Committee on En- mittee on International Relations. 2121. A letter from the Director, Corporate ergy and Commerce. 2138. A letter from the Acting Assistant Policy and Research Department, Pension 2130. A letter from the Principal Deputy Secretary for Legislative Affairs, Depart- Benefit Guaranty Corporation, transmitting Associate Administrator, Environmental ment of State, transmitting certification of the Corporation’s final rule—Benefits Pay- Protection Agency, transmitting the Agen- a proposed Manufacturing License Agree- able in Terminated Single-Employer Plans; cy’s final rule—Withdrawal of Direct Final ment with Sweden [Transmittal No. DTC Allocation of Assets in Single-Employer Rule; Guidelines Establishing Test Proce- 033–01], pursuant to 22 U.S.C. 2776(d); to the Plans; Interest Assumptions for Valuing and dures for the Analysis of Pollutants Under Committee on International Relations. Paying Benefits—received May 22, 2001, pur- the Clean Water Act; National Primary 2139. A letter from the Acting Assistant suant to 5 U.S.C. 801(a)(1)(A); to the Com- Drinking Water Regulations and National Secretary for Legislative Affairs, Depart- mittee on Education and the Workforce. Secondary Drinking Water Regulations; ment of State, transmitting certification of 2122. A letter from the Director, Regula- Methods Update [FRL–6974–7] (RIN: 2040– a proposed Manufacturing License Agree- tions Policy and Management Staff, Food AD59) received May 18, 2001, pursuant to 5 ment with Italy and France [Transmittal No. and Drug Administration, Department of U.S.C. 801(a)(1)(A); to the Committee on En- DTC 032–01], pursuant to 22 U.S.C. 2776(d); to Health and Human Services, transmitting ergy and Commerce. the Committee on International Relations. the Department’s final rule—Gastro- 2131. A letter from the Principal Deputy 2140. A letter from the Acting Assistant enterology-Urology Devices; Classification of Associate Administrator, Environmental Secretary for Legislative Affairs, Depart- Tissue Culture Media for Human Ex Vivo Protection Agency, transmitting the Agen- ment of State, transmitting certification of Tissue and Cell Culture Processing Applica- cy’s final rule—Approval and Promulgation a proposed Technical Assistance Agreement tions [Docket No. 01P–0087] received May 21, of Implementation Plan Louisiana; Non- with Mexico and Canada [Transmittal No. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the attainment Major Stationary Source Revi- DTC 061–01], pursuant to 22 U.S.C. 2776(c); to Committee on Energy and Commerce. sion [LA40–1–7338a; FRL–6988–4] received May the Committee on International Relations. 2141. A letter from the Chairman, Commis- 2123. A letter from the Principal Deputy 24, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to sion on International Religious Freedom, Associate Administrator, Environmental the Committee on Energy and Commerce. Protection Agency, transmitting the Agen- 2132. A letter from the Principal Deputy transmitting an Addendum to the May 1, 2001 cy’s final rule—Approval of Colorado’s Peti- Associate Administrator, Environmental Annual Report, covering Egypt and Saudi tion To Relax the Federal Gasoline Reid Protection Agency, transmitting the Agen- Arabia; to the Committee on International Relations. Vapor Pressure Volatility Standard For 2001 cy’s final rule—Determination of Attain- 2142. A letter from the Acting Chief Coun- [FRL–6984–7] received May 22, 2001, pursuant ment of the 1–Hour Ozone Standard for the sel, Office of Foreign Assets Control, Depart- Phoenix Metropolitan Area, Arizona and De- to 5 U.S.C. 801(a)(1)(A); to the Committee on ment of the Treasury, transmitting the De- termination Regarding Applicability of Cer- Energy and Commerce. partment’s final rule—Blocked Persons, Spe- 2124. A letter from the Principal Deputy tain Clean Air Act Requirements [AZ–098– cially Designated Nationals, Specially Des- Associate Administrator, Environmental 0025; FRL–6989–1] received May 24, 2001, pur- ignated Terrorists, Foreign Terrorist Organi- Protection Agency, transmitting the Agen- suant to 5 U.S.C. 801(a)(1)(A); to the Com- zations, and Specially Designated Narcotics cy’s final rule—Clean Air Act Promulgation mittee on Energy and Commerce. Traffickers: Additional Designations of Spe- of Attainment Date Extension for the Fair- 2133. A letter from the Principal Deputy cially Designated Narcotics Traffickers and Associate Administrator, Environmental banks North Star Borough Carbon Monoxide Removal of Specially Designated National of Protection Agency, transmitting the Agen- Nonattainment Area, Alaska [Docket No. Cuba—received May 23, 2001, pursuant to 5 cy’s final rule—Approval and Promulgation AK–01–003b; FRL–6986–4] received May 22, U.S.C. 801(a)(1)(A); to the Committee on of Air Quality Implementation Plans; Vir- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the International Relations. Committee on Energy and Commerce. ginia; Clarifying Revisions to 9 VAC 5 Chap- 2143. A letter from the Acting Assistant 2125. A letter from the Principal Deputy ter 40 Fuel Burning Equipment [VA107–5049; Secretary for Legislative Affairs, Depart- Associate Administrator, Environmental FRL–6987–9] received May 24, 2001, pursuant ment of State, transmitting a report on the Protection Agency, transmitting the Agen- to 5 U.S.C. 801(a)(1)(A); to the Committee on United States Macau Policy Act; to the Com- cy’s final rule—Approval and Promulgation Energy and Commerce. mittee on International Relations. of Implementation Plans; Indiana [IN126–1a; 2134. A letter from the Principal Deputy 2144. A letter from the Acting Assistant FRL–6986–2] received May 24, 2001, pursuant Associate Administrator, Environmental Secretary for Legislative Affairs, Depart- to 5 U.S.C. 801(a)(1)(A); to the Committee on Protection Agency, transmitting the Agen- ment of State, transmitting the Secretary’s Energy and Commerce. cy’s final rule—Approval and Promulgation determination that eight countries are not 2126. A letter from the Principal Deputy of Implementation Plans; Indiana [IN132–1a; cooperating fully with U.S. antiterrorism ef- Associate Administrator, Environmental FRL–6985–3] received May 24, 2001, pursuant forts: Afghanistan, Cuba, Iran, Iraq, Libya, Protection Agency, transmitting the Agen- to 5 U.S.C. 801(a)(1)(A); to the Committee on North Korea, Sudan, and Syria; to the Com- cy’s final rule—Revisions to the California Energy and Commerce. mittee on International Relations. and Arizona State Implementation Plans, 2135. A letter from the Associate Chief, Ac- 2145. A letter from the Secretary, Depart- Antelope Valley Air Pollution Control Dis- counting Policy Division, Common Carrier ment of Health and Human Services, trans- trict and Maricopa County Environmental Bureau, Federal Communications Commis- mitting the Semiannual Report to Congress Services Department [CA 224–0279a; FRL– sion, transmitting the Commission’s final for the period October 1, 2000 through March 6982–6] received May 18, 2001, pursuant to 5 rule—In the Matter of 2000 Biennial Regu- 31, 2001, pursuant to 5 U.S.C. app. (Insp. Gen. U.S.C. 801(a)(1)(A); to the Committee on En- latory Review—Review of Policy and Rules Act) section 5(b); to the Committee on Gov- ergy and Commerce. Concerning Unauthorized Changes of Con- ernment Reform. 2127. A letter from the Principal Deputy sumers Long Distance Carriers; Implementa- 2146. A letter from the Assistant Director Associate Administrator, Environmental tion of the Subscriber Carrier Selection for Executive and Political Personnel, De- Protection Agency, transmitting the Agen- Changes Provisions of the Telecommuni- partment of Defense, transmitting a report cy’s final rule—Notice of Availability of cations Act of 1996, Policies and Rules Con- pursuant to the Federal Vacancies Reform Funds for Source Water Protection [FRL– cerning Unauthorized Changes of Consumers Act of 1998; to the Committee on Govern- 6984–2] received May 18, 2001, pursuant to 5 Long Distance Carriers, First Report and ment Reform. U.S.C. 801(a)(1)(A); to the Committee on En- Order, CC Docket No. 00–257 and Fourth Re- 2147. A letter from the Assistant Director ergy and Commerce. port and Order, CC Docket No. 94–129, FCC for Executive and Political Personnel, De- 2128. A letter from the Principal Deputy 01–156—received May 18, 2001, pursuant to 5 partment of Defense, transmitting a report Associate Administrator, Environmental U.S.C. 801(a)(1)(A); to the Committee on En- pursuant to the Federal Vacancies Reform Protection Agency, transmitting the Agen- ergy and Commerce. Act of 1998; to the Committee on Govern- cy’s final rule—National Primary Drinking 2136. A letter from the Director, Lieuten- ment Reform. Water Regulations; Arsenic and Clarifica- ant General, USAF, Defense Security Co- 2148. A letter from the Assistant Director tions to Compliance and New Source Con- operation Agency, transmitting notification for Executive and Political Personnel, De- taminants Monitoring: Delay of Effective concerning the Department of the Air partment of Defense, transmitting a report Date [WH-FRL–6983–8] (RIN: 2040–AB75) re- Force’s Proposed Letter(s) of Offer and Ac- pursuant to the Federal Vacancies Reform ceived May 18, 2001, pursuant to 5 U.S.C. ceptance (LOA) to Australia for defense arti- Act of 1998; to the Committee on Govern- 801(a)(1)(A); to the Committee on Energy and cles and services (Transmittal No. 01–11), ment Reform. Commerce. pursuant to 22 U.S.C. 2776(b); to the Com- 2149. A letter from the White House Liai- 2129. A letter from the Principal Deputy mittee on International Relations. son, Department of Justice, transmitting a Associate Administrator, Environmental 2137. A letter from the Director, report pursuant to the Federal Vacancies Re- Protection Agency, transmitting the Agen- Lieutentant General, USAF, Defense Secu- form Act of 1998; to the Committee on Gov- cy’s final rule—Approval and Promulgation rity Cooperation Agency, transmitting noti- ernment Reform. of State Plans for Designated Facilities and fication concerning the Department of the 2150. A letter from the Chair, District of Pollutants; State of West Virginia; Control Air Force’s Proposed Letter(s) of Offer and Columbia Financial Responsibility and Man- of Emmissions from Existing Municipal Acceptance (LOA) to France for defense arti- agement Assistance Authority, transmitting

VerDate 11-MAY-2000 03:12 May 25, 2001 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\L24MY7.000 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2707 a report on Resolution and Order Concerning AK50) received May 23, 2001, pursuant to 5 I.D. 043001B] received May 17, 2001, pursuant the Fiscal Year 2001 Supplemental Budget U.S.C. 801(a)(1)(A); to the Committee on Re- to 5 U.S.C. 801(a)(1)(A); to the Committee on Request Act of 2001; to the Committee on sources. Resources. Government Reform. 2161. A letter from the Acting Director, Of- 2169. A letter from the Acting Assistant 2151. A letter from the Executive Resources fice of Sustainable Fisheries, NMFS, Na- Administrator for Fisheries, NMFS, National and Special Programs Division, Environ- tional Oceanic and Atmospheric Administra- Oceanic and Atmospheric Administration, mental Protection Agency, transmitting a tion, transmitting the Administration’s final transmitting the Administration’s final report pursuant to the Federal Vacancies Re- rule—Fisheries of the Northeastern United rule—Financial Assistance for Research and form Act of 1998; to the Committee on Gov- States, Atlantic Herring Fisheries; 2000 Spec- Development Projects in Chesapeake Bay to ernment Reform. ifications; Adjustment; Closure [Docket No. Strenghten, Develop and/or Improve the 2152. A letter from the Deputy Associate 000105004–0260–02; I.D. 120400A] (RIN: 0648– Stock Conditions of the Chesapeake Bay Administrator, Office of Acquisition Policy, AI78) received May 21, 2001, pursuant to 5 Fisheries [Docket No. 010412091–1091–01; I.D. General Services Administration, transmit- U.S.C. 801(a)(1)(A); to the Committee on Re- 040501D] (RIN: 0648–ZB05) received May 18, ting the Administration’s final rule—Federal sources. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Acquisition Circular 97–25; Introduction—re- 2162. A letter from the Acting Director, Of- Committee on Resources. ceived May 21, 2001, pursuant to 5 U.S.C. fice of Sustainable Fisheries, NMFS, Na- 2170. A letter from the Director for Finan- 801(a)(1)(A); to the Committee on Govern- tional Oceanic and Atmospheric Administra- cial Management and Deputy Chief Finan- ment Reform. tion, transmitting the Administration’s final cial Officer, Department of Commerce, trans- 2153. A letter from the Director of Legisla- rule—Fisheries of the Exclusive Economic mitting the Department’s final rule—Civil tive Affairs, Railroad Retirement Board, Zone Off Alaska; Pacific Cod by the Offshore Monetary Penalties; Adjustment for Infla- transmitting a copy of the annual report in Component in the Western Regulatory Area tion [Docket No. 001024293–0293–01] (RIN: compliance with the Government in the Sun- in the Gulf of Alaska [Docket No. 010112013– 0690–AA31) received May 22, 2001, pursuant to shine Act during the calendar year 2001, pur- 1013–01; I.D. 051401A] received May 21, 2001, 5 U.S.C. 801(a)(1)(A); to the Committee on the suant to 5 U.S.C. 552b(j); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Judiciary. on Government Reform. mittee on Resources. 2171. A letter from the Director, Policy Di- 2154. A letter from the Assistant Secretary, 2163. A letter from the Acting Division rectives and Instructions Branch, INS, De- Lands and Minerals Management, Depart- Chief, Office of Protected Resources, Na- partment of Justice, transmitting the De- ment of the Interior, transmitting the De- tional Oceanic and Atmospheric Administra- partment’s final rule— Adjustment of Status partment’s final rule—Application Proce- tion, transmitting the Administration’s final for Certain Syrian Nationals Granted Asy- dures [WO–850–1820–XZ–24–1A] (RIN: 1004– rule—Taking and Importing Marine Mam- lum in the United States [INS No. 2122–01] AD34) received May 22, 2001, pursuant to 5 mals; Taking Marine Mammals Incidental to (RIN: 1115–AG17) received May 17, 2001, pur- U.S.C. 801(a)(1)(A); to the Committee on Re- Naval Activities [Docket No. 000218048–1095– suant to 5 U.S.C. 801(a)(1)(A); to the Com- sources. 03; I.D. 013100A] (RIN: 0648–AN59) received mittee on the Judiciary. 2155. A letter from the Acting Director, Of- May 17, 2001, pursuant to 5 U.S.C. 2172. A letter from the General Counsel, fice of Surface Mining, Department of the In- 801(a)(1)(A); to the Committee on Resources. U.S. Marshals Service, Department of Jus- terior, transmitting the Department’s final 2164. A letter from the Acting Chief, Ma- tice, transmitting the Department’s final rule—Abandoned Mine Land (AML) Fee Col- rine Mammal Conservation Division, NMFS, rule—Revision to United States Marshals lection and Coal Production Reporting On National Oceanic and Atmospheric Adminis- Service Fees for Services [USMS No. 100F; the OSM–1 Form (RIN: 1029–AB95) received tration, transmitting the Administration’s AG Order No. 2316–2000] (RIN: 1105–AA64) re- May 22, 2001, pursuant to 5 U.S.C. final rule—Taking of Marine Mammals Inci- ceived May 17, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. dental to Commercial Fishing Operations; 801(a)(1)(A); to the Committee on the Judici- 2156. A letter from the Acting Assistant Atlantic Large Whale Take Reduction Plan ary. Secretary for Land and Minerals Manage- Regulations [Docket No. 001128334–0334–01; 2173. A letter from the Acting Secretary of ment, Minerals Management Service, De- I.D. 101800A] (RIN: 0648–AN88) received May the Army, Department of Defense, transmit- partment of the Interior, transmitting the 17, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Final Feasibility Report and Envi- Department’s final rule—Small Refiner Ad- the Committee on Resources. ronmental Impact Statement Navigation ministrative Fee (RIN: 1010–AC70) received 2165. A letter from the Acting Chief, Ma- Study for Jacksonville Harbor, Duval Coun- May 21, 2001, pursuant to 5 U.S.C. rine Mammal Conservation Division, NMFS, ty, Florida, pursuant to Section 101 (a)(17) of 801(a)(1)(A); to the Committee on Resources. National Oceanic and Atmospheric Adminis- the Water Resources Development Act 2157. A letter from the Acting Director, tration, transmitting the Administration’s (WRDA) of 1999; to the Committee on Trans- Fish and Wildlife Service, Department of the final rule—Taking of Marine Mammals Inci- portation and Infrastructure. Interior, transmitting the Department’s dental to Commercial Fishing Operations; 2174. A letter from the Program Analyst, final rule—Endangered and Threatened Wild- Atlantic Large Whale Take Reduction Plan FAA, Department of Transportation, trans- life and Plants; Final Designation of Critical Regulations; Remove and Reserve Gear mitting the Department’s final rule—Amend- Habitat for the Riverside Fairy Shrimp (RIN: Marking Requirements for Northeast U.S. ment to Class E Airspace; Chillicothe, MO 1018–AG34) received May 23, 2001, pursuant to Fisheries [Docket No. 991222346–0312–03; I.D. [Airspace Docket No. 01–ACE–4] received 5 U.S.C. 801(a)(1)(A); to the Committee on 111300E] (RIN: 0648–AN40) received May 17, May 21, 2001, pursuant to 5 U.S.C. Resources. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- 2158. A letter from the Acting Assistant Committee on Resources. tation and Infrastructure. Administrator for Fisheries, NMFS, National 2166. A letter from the Acting Director, Of- 2175. A letter from the Program Analyst, Oceanic and Atmospheric Administration, fice of Sustainable Fisheries, NMFS, Na- FAA, Department of Transportation, trans- transmitting the Administration’s final tional Oceanic and Atmospheric Administra- mitting the Department’s final rule—Amend- rule—Fisheries of the Northeastern United tion, transmitting the Administration’s final ment to Class E Airspace; Cabool, MO [Air- States, Atlantic Sea Scallop Fishery; Frame- rule—Fisheries of the Northeastern United space Docket No. 01–ACE–3] received May 21, work Adjustment 14 [Docket No. 010410087– States; Atlantic Bluefish Fishery; Commer- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1087–01; I.D. 031401B] (RIN: 0648–AO07) re- cial Quota Harvested for North Carolina Committee on Transportation and Infra- ceived May 23, 2001, pursuant to 5 U.S.C. [Docket No. 010208032–1109–02; I.D. 050801D] structure. 801(a)(1)(A); to the Committee on Resources. received May 17, 2001, pursuant to 5 U.S.C. 2176. A letter from the Program Analyst, 2159. A letter from the Acting Assistant 801(a)(1)(A); to the Committee on Resources. FAA, Department of Transportation, trans- Administrator for Fisheries, NMFS, National 2167. A letter from the Acting Chief, Ma- mitting the Department’s final rule—Amend- Oceanic and Atmospheric Administration, rine Mammal Conservation Division, NMFS, ment to Class E Airspace; Monroe City, MO transmitting the Administration’s final National Oceanic and Atmospheric Adminis- [Airspace Docket No. 01–ACE–1] received rule—Magnuson-Stevens Fishery Conserva- tration, transmitting the Administration’s May 21, 2001, pursuant to 5 U.S.C. tion and Management Act Provisions; Fish- final rule—Taking of Marine Mammals Inci- 801(a)(1)(A); to the Committee on Transpor- eries of the Northeastern United States; At- dental to Commercial Fishing Operations; tation and Infrastructure. lantic Deep-Sea Red Crab Fishery [Docket Atlantic Large Whale Take Reduction Plan 2177. A letter from the Program Analyst, No. 010413094–1094–01; I.D. 032101A] (RIN: 0648– [Docket No. 010510119–1119–01; I.D. 050901B] FAA, Department of Transportation, trans- AP10) received May 23, 2001, pursuant to 5 (RIN: 0648–AP27) received May 17, 2001, pursu- mitting the Department’s final rule—Amend- U.S.C. 801(a)(1)(A); to the Committee on Re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment to Class E Airspace; Olathe, KS [Air- sources. on Resources. space Docket No. 01–ACE–5] received May 21, 2160. A letter from the Acting Deputy As- 2168. A letter from the Acting Director, Of- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the sistant Administrator for Fisheries, NMFS, fice of Sustainable Fisheries, NMFS, Na- Committee on Transportation and Infra- National Oceanic and Atmospheric Adminis- tional Oceanic and Atmospheric Administra- structure. tration, transmitting the Administration’s tion, transmitting the Administration’s final 2178. A letter from the Program Analyst, final rule—Fisheries of the Exclusive Eco- rule—Fisheries of the Exclusive Economic FAA, Department of Transportation, trans- nomic Zone Off Alaska; Improved Individual Zone Off Alaska; Groundfish Fisheries by mitting the Department’s final rule—Estab- Fishing Quota Program [Docket No. Vessels Using Hook-and-Line Gear in the lishment of a Class E Enroute Domestic Air- 001108316–1083–02; I.D. 060600B] (RIN: 0648– Gulf of Alaska [Docket No. 010112013–1013–01; space Area, El Centro, CA [Airspace Docket

VerDate 11-MAY-2000 03:12 May 25, 2001 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\L24MY7.000 pfrm02 PsN: H24PT1 H2708 CONGRESSIONAL RECORD — HOUSE May 24, 2001 No. 01–AWP–1] received May 21, 2001, pursu- 5 U.S.C. 801(a)(1)(A); to the Committee on 2197. A letter from the Chief, Office of Reg- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Transportation and Infrastructure. ulations and Administrative Law, USCG, De- on Transportation and Infrastructure. 2189. A letter from the Program Analyst, partment of Transportation, transmitting 2179. A letter from the Program Analyst, FAA, Department of Transportation, trans- the Department’s final rule—Drawbridge Op- FAA, Department of Transportation, trans- mitting the Department’s final rule—Air- eration Regulations: Shaw Cove, CT [CGD01– mitting the Department’s final rule—Estab- worthiness Directives; Turbomeca S.A. 01–046] (RIN: 2115–AE47) received May 21, lishment of Class E Airspace, Sugar Land, Arrius Models 2B, 2B1, and 2F Turboshaft En- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the TX [Airspace Docket No. 2001–ASW–03] re- gines [Docket No. 2000–NE–12–AD; Amend- Committee on Transportation and Infra- ceived May 21, 2001, pursuant to 5 U.S.C. ment 39–12191; AD 2001–08–14] (RIN: 2120– structure. 801(a)(1)(A); to the Committee on Transpor- AA64) received May 21, 2001, pursuant to 5 2198. A letter from the Chief, Office of Reg- tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on ulations and Administrative Law, USCG, De- 2180. A letter from the Program Analyst, Transportation and Infrastructure. partment of Transportation, transmitting FAA, Department of Transportation, trans- 2190. A letter from the Program Analyst, the Department’s final rule—Special Local mitting the Department’s final rule—Revi- FAA, Department of Transportation, trans- Regulations; Charleston Harbor, S.C. sion of Class E Airspace; Farmington, NM mitting the Department’s final rule—Air- [CGD07–01–023] (RIN: 2115–AE46) received [Airspace Docket No. 2001–ASW–08] received worthiness Directives; Aerostar Aircraft Cor- May 21, 2001, pursuant to 5 U.S.C. May 21, 2001, pursuant to 5 U.S.C. poration Models PA–60–600 (Aerostar 600), 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- PA–60–601 (AeroStar 601), PA–60–601P tation and Infrastructure. tation and Infrastructure. (Aerostar 601P), PA–60–602P (Aerostar 602P), 2199. A letter from the Chief, Office of Reg- 2181. A letter from the Program Analyst, and PA–60–700P (Aerostar 700P) Airplanes ulations and Administrative Law, USCG, De- FAA, Department of Transportation, trans- [Docket No. 2000–CE–31–AD; Amendment 39– partment of Transportation, transmitting mitting the Department’s final rule—Revi- 12187; AD 2001–08–10] (RIN:2120–AA64) received the Department’s final rule—Drawbridge Op- sion of Class E Airspace; Bethel, AK [Air- May 21,2001, pursuant to 5 U.S.C. 801(a)(1)(A); eration Regulations: Taunton River, MA space Docket No. 00–AAL–20] received May to the Committee on Transportation and In- [CGD01–01–037] (RIN: 2115–AE47) received 21, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to frastructure. May 21, 2001, pursuant to 5 U.S.C. the Committee on Transportation and Infra- 2191. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- structure. FAA, Department of Transportation, trans- tation and Infrastructure. 2182. A letter from the Program Analyst, mitting the Department’s final rule—Air- 2200. A letter from the Chief, Office of Reg- FAA, Department of Transportation, trans- worthiness Directives; Boeing Model 737–200 ulations and Administrative Law, USCG, De- mitting the Department’s final rule—Stand- and –300 Series Airplanes Equipped with a partment of Transportation, transmitting ard Instrument Approach Procedures; Mis- Main Deck Cargo Door Installed in Accord- the Department’s final rule—Special Local cellaneous Amendments [Docket No. 30248; ance with Supplemental Type Certificate Regulations: San Diego Crew Classic [CGD11– Amdt. No. 2051] received May 21, 2001, pursu- (STC) SA2969SO [Docket No. 2000–NM–295– 01–004] (RIN: 2115–AE46) received May 21, ant to 5 U.S.C. 801(a)(1)(A); to the Committee AD; Amendment 39–12184; AD 2001–08–07] 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the on Transportation and Infrastructure. (RIN: 2120–AA64) received May 21, 2001, pur- Committee on Transportation and Infra- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2183. A letter from the Program Analyst, structure. FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- 2201. A letter from the Chief, Office of Reg- mitting the Department’s final rule—Stand- ture. ulations and Administrative Law, USCG, De- 2192. A letter from the Program Analyst, ard Instrument Approach Procedures; Mis- partment of Transportation, transmitting FAA, Department of Transportation, trans- cellaneous Amendments [Docket No. 30247; the Department’s final rule—Special Local mitting the Department’s final rule—Air- Amdt. No. 2050] received May 21, 2001, pursu- Regulation: Harvard-Yale Regatta, Thames worthiness Directives; Boeing Model 737 Se- ant to 5 U.S.C. 801(a)(1)(A); to the Committee River, New London, CT [CGD01–01–034] (RIN: ries Airplanes [Docket No. 2001–NM–94–AD; on Transportation and Infrastructure. 2115–AE46) received May 21, 2001, pursuant to Amendment 39–12201; AD 2001–08–24] (RIN: 2184. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on 2120–AA64) received May 21, 2001, pursuant to FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. mitting the Department’s final rule—Stand- 2202. A letter from the Chief, Office of Reg- Transportation and Infrastructure. ard Instrument Approach Procedures; Mis- 2193. A letter from the Program Analyst, ulations and Administrative Law, USCG, De- cellaneous Amendments [Docket No. 30243; FAA, Department of Transportation, trans- partment of Transportation, transmitting Amdt. No. 2046] received May 21, 2001, pursu- mitting the Department’s final rule—Air- the Department’s final rule—Drawbridge Op- ant to 5 U.S.C. 801(a)(1)(A); to the Committee worthiness Directives; Bombardier Model erating Regulation; Lake Pontchartrain, LA on Transportation and Infrastructure. DHC–7–100, –101, –102, and –103 Series Air- [CGD08–01–008] (RIN: 2115–AE47) received 2185. A letter from the Program Analyst, planes [Docket No. 2000–NM–181–AD; Amend- May 21, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- ment 39–12182; AD 2001–08–05] (RIN: 2120– 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Stand- AA64) received May 21, 2001, pursuant to 5 tation and Infrastructure. ard Instrument Approach Procedures; Mis- U.S.C. 801(a)(1)(A); to the Committee on 2203. A letter from the Chief, Office of Reg- cellaneous Amendments [Docket No. 30245; Transportation and Infrastructure. ulations and Administrative Law, USCG, De- Amdt. No. 2048] received May 21, 2001, pursu- 2194. A letter from the Program Analyst, partment of Transportation, transmitting ant to 5 U.S.C. 801(a)(1)(A); to the Committee FAA, Department of Transportation, trans- the Department’s final rule—Safety Zone on Transportation and Infrastructure. mitting the Department’s final rule—Air- Regulations: Tampa Bay, Florida [COTP 2186. A letter from the Program Analyst, worthiness Directives; Empresa Brasileira de Tampa 00–054] (RIN: 2115–AA97) received May FAA, Department of Transportation, trans- Aeronautica S.A. (EMBRAER) Model EMB– 21, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule—Stand- 135 and EMB–145 Series Airplanes [Docket the Committee on Transportation and Infra- ard Instrument Approach Procedures; Mis- No. 2001–NM–123–AD; Amendment 39–12226; structure. cellaneous Amendments [Docket No. 30246; AD 2001–10–01] (RIN: 2120–AA64) received May 2204. A letter from the Chief, Office of Reg- Amdt. No. 2049] received May 21, 2001, pursu- 21, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to ulations and Administrative Law, USCG, De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Committee on Transportation and Infra- partment of Transportation, transmitting on Transportation and Infrastructure. structure. the Department’s final rule—Drawbridge Op- 2187. A letter from the Program Analyst, 2195. A letter from the Program Analyst, eration Regulations: Kennebec River, ME FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- [CGD01–01–023] (RIN: 2115–AE47) received mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- May 21, 2001, pursuant to 5 U.S.C. worthiness Directives; Airbus Model A310– worthiness Directives; Bell Helicopter Tex- 801(a)(1)(A); to the Committee on Transpor- 324, A310–325, and A300 B4–622R Series Air- tron, Inc. Model 412 Helicopters and Agusta tation and Infrastructure. planes Equipped with Pratt & Whitney S.p.A. Model AB412 Helicopters [Docket No. 2205. A letter from the Principal Deputy PW4000 Series Engines [Docket No. 2001–NM– 99–SW–27–AD; Amendment 39–12217; AD 2001– Associate Administrator, Environmental 68–AD; Amendment 39–12210; AD 2001–09–05] 09–11] (RIN: 2120–AA64) received May 21, 2001, Protection Agency, transmitting the Agen- (RIN: 2120–AA64) received May 21, 2001, pur- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cy’s final rule—Effluent Limitations Guide- suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- lines and New Source Performance Stand- mittee on Transportation and Infrastruc- ture. ards for the Oil and Gas Extraction Point ture. 2196. A letter from the Program Analyst, Source Category; OMB Approval Under the 2188. A letter from the Program Analyst, FAA, Department of Transportation, trans- Paperwork Reduction Act: Technical Amend- FAA, Department of Transportation, trans- mitting the Department’s final rule—Air- ment; Correction [FRL–6987–5] (RIN: 2040– mitting ]he Department’s final rule—Air- worthiness Directives; Cessna Aircraft Com- AD14) received May 23, 2001, pursuant to 5 worthiness Directives; Airbus Model A300– pany Models 206H and T206H Airplanes U.S.C. 801(a)(1)(A); to the Committee on 243, –341, –342, and –343 Series Airplanes [Docket No. 2000–CE–75–AD; Amendment 39– Transportation and Infrastructure. Equipped with Rolls Royce Trent 700 Series 12211; AD 2001–09–06] (RIN: 2120–AA64) re- 2206. A letter from the Principal Deputy Engines [Docket No. 2000–NM–389–AD; ceived May 21, 2001, pursuant to 5 U.S.C. Associate Administrator, Environmental Amendment 39–12221; AD 2001–09–14] (RIN: 801(a)(1)(A); to the Committee on Transpor- Protection Agency, transmitting the Agen- 2120–AA64) received May 21, 2001, pursuant to tation and Infrastructure. cy’s final rule—Chesapeake Bay Program FY

VerDate 11-MAY-2000 03:12 May 25, 2001 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\L24MY7.000 pfrm02 PsN: H24PT1 May 24, 2001 CONGRESSIONAL RECORD — HOUSE H2709

2002 Request for Proposals—received May 24, Mr. YOUNG of Alaska: Committee on STRA, Mr. MCKEON, Mrs. JO ANN 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. H.R. 1699. DAVIS of Virginia, Mr. GRAHAM, Mr. Committee on Transportation and Infra- A bill to authorize appropriations for the HILLEARY, Mr. TANCREDO, Mr. structure. Coast Guard for fiscal year 2002 (Rept. 107– DEMINT, Mr. ISAKSON, Mr. GOOD- 2207. A letter from the General Counsel, 79). Referred to the Committee of the Whole LATTE, Mr. CULBERSON, Mr. KELLER, Federal Emergency Management Agency, House on the State of the Union. Mr. EHRLICH, Mr. TAYLOR of North transmitting the Agency’s final rule—Dis- Mr. REYNOLDS: Committee on Rules. Carolina, Mr. SMITH of Michigan, Mr. aster Assistance; Public Assistance Program House Resolution 149. Resolution waiving a MILLER of Florida, Mr. RILEY, Mr. and Community Disaster Loan Program requirement of clause 6(a) of rule XIII with CUNNINGHAM, Mr. PITTS, Mr. KOLBE, (RIN: 3067–AD20) received May 15, 2001, pur- respect to consideration of certain resolu- and Mr. REYNOLDS): suant to 5 U.S.C. 801(a)(1)(A); to the Com- tions reported from the Committee on Rules H.R. 1982. A bill to amend the Fair Labor mittee on Transportation and Infrastruc- (Rept. 107–80). Referred to the House Cal- Standards Act of 1938 to provide compen- ture. endar. satory time for employees in the private sec- 2208. A letter from the Acting Adminis- Mr. REYNOLDS: Committee on Rules. tor; to the Committee on Education and the trator, Small Business Administration, House Resolution 150. Resolution waiving a Workforce. transmitting the Annual Report on Minority requirement of clause 6(a) of rule XIII with By Mr. BALLENGER (for himself, Mr. Small Business and Capital Ownership De- respect to consideration of certain resolu- STUMP, Ms. WATERS, Mr. RADANO- velopment for Fiscal Year 2000, pursuant to 5 tions reported from the Committee on Rules VICH, Mr. SCHROCK, Mr. CALVERT, Mr. U.S.C. 801(a)(1)(A); to the Committee on (Rept. 107–81). Referred to the House Cal- DUNCAN, Mr. CONDIT, Mr. RAHALL, Mr. Small Business. endar. PAUL, Mr. MICA, Mr. SESSIONS, Mr. 2209. A letter from the Chief, Regulations Mr. YOUNG of Alaska: Committee on TRAFICANT, Mr. SUNUNU, Mrs. Office, Internal Revenue Service, transmit- Transportation and Infrastructure. H.R. 1140. MYRICK, Mr. SCHAFFER, Mr. PICK- ting the Service’s final rule—Administra- A bill to modernize the financing of the rail- ERING, and Mr. EHRLICH): tive, Procedural, and Miscellaneous [Rev. road retirement system and to provide en- H.R. 1983. A bill to amend title 10, United Proc. 2001–33] received May 23, 2001, pursuant hanced benefits to employees and bene- States Code, to revise the rules relating to to 5 U.S.C. 801(a)(1)(A); to the Committee on ficiaries; with an amendment (Rept. 107–82 the court-ordered apportionment of the re- Ways and Means. Pt. 1). Ordered to be printed. tired pay of members of the Armed Forces to 2210. A letter from the Chief, Regulations former spouses, and for other purposes; to Unit, Internal Revenue Service, transmitting f the Committee on Armed Services, and in the Service’s final rule—Qualified Zone REPORTED BILL SEQUENTIALLY addition to the Committee on Ways and Academy Bonds; Obligations of States and REFERRED Means, for a period to be subsequently deter- Political Subdivisions [TD 8903] (RIN: 1545– mined by the Speaker, in each case for con- AY03) received May 23, 2001, pursuant to 5 Under clause 2 of rule XII, bills and sideration of such provisions as fall within U.S.C. 801(a)(1)(A); to the Committee on reports were delivered to the Clerk for the jurisdiction of the committee concerned. Ways and Means. printing, and bills referred as follows: By Mr. BARR of Georgia (for himself, 2211. A letter from the Chief, Regulations Mr. HALL of Texas, Mr. JENKINS, Mr. Mr. TAUZIN: Committee on Energy and Unit, Internal Revenue Service, transmitting SHOWS, and Mr. COBLE): Commerce. H.R. 1542. A bill to deregulate the the Service’s final rule—Federal Employ- H.R. 1984. A bill to reaffirm English as the Internet and high speed data services, and ment Tax Deposits—De Minimis Rule [TD official language of the United States, to es- for other purposes, with an amendment; re- 8946] (RIN: 1545–AY47) received May 22, 2001, tablish an uniform English language rule for ferred to the Committee on Judiciary for a pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- naturalization,and to avoid misconstructions period ending not later than June 18, 2001, for mittee on Ways and Means. of the English language texts of the Laws of consideration of such provisions of the bill 2212. A letter from the Chief, Regulations the United States, pursuant to Congress’ and amendment recommended by the Com- Unit, Internal Revenue Service, transmitting powers to provide for the General Welfare of mittee on Energy and Commerce as propose the Service’s final rule—Examination of re- the United States and to establish an uni- to narrow the purview of the Attorney Gen- turns and claims for refund; determination form Rule of Naturalization under Article I, eral under section 271 of the Communica- of correct tax liability [Rev. Proc. 2001–37] Section 8, of the Constitution; to the Com- tions Act of 1934 (Rept. 107–83, Pt. 1.). received May 22, 2001, pursuant to 5 U.S.C. mittee on Education and the Workforce, and 801(a)(1)(A); to the Committee on Ways and f in addition to the Committee on the Judici- Means. ary, for a period to be subsequently deter- 2213. A letter from the Regulations Officer, TIME LIMITATION OF REFERRED mined by the Speaker, in each case for con- Social Security Administration, transmit- BILL sideration of such provisions as fall within ting the Administration’s final rule—Cov- Pursuant to clause 2 of rule XII the the jurisdiction of the committee concerned. erage of Employees of State and Local Gov- following action was taken by the By Mr. CALVERT (for himself, Mr. CONDIT, Mr. RADANOVICH, Mrs. ernments; Office of Management and Budget Speaker: Control Number (RIN: 0960–AE69) received NAPOLITANO, Mr. OSE, Mr. DOOLEY of May 22, 2001, pursuant to 5 U.S.C. H.R. 1140. Referral to the Committee on California, Mr. THOMAS, Mr. SCHIFF, 801(a)(1)(A); to the Committee on Ways and Ways and Means extended for a period ending Mr. DREIER, Ms. MILLENDER-MCDON- Means. not later than July 12, 2001. ALD, Mr. DOOLITTLE, Ms. SANCHEZ, 2214. A letter from the Director of Legisla- f Mr. GALLEGLY, Mrs. DAVIS of Cali- tive Affairs, Railroad Retirement Board, fornia, Mr. MCKEON, Mr. FILNER, Mr. transmitting a copy of the Board’s Consumer PUBLIC BILLS AND RESOLUTIONS HORN, Mr. ROYCE, Mr. LEWIS of Cali- Price Index Report; jointly to the Commit- Under clause 2 of rule XII, public fornia, Mr. BACA, Mr. GARY G. MIL- tees on Ways and Means and Transportation bills and resolutions of the following LER of California, Mrs. BONO, Mr. and Infrastructure. titles were introduced and severally re- ISSA, Mr. HUNTER, Mr. COX, Mr. 2215. A letter from the Secretary, Judicial ROHRABACHER, and Mr. POMBO): Conference of the United States, transmit- ferred, as follows: H.R. 1985. A bill to authorize funding ting a draft of proposed legislation entitled, By Mr. HYDE: through the Secretary of the Interior for the ‘‘Federal Courts Improvement Act of 2001’’; H.R. 1980. A bill to amend the Internal Rev- implementation of a comprehensive program jointly to the Committees on the Judiciary, enue Code of 1986 to reduce the highway gas- in California to achieve increased water Education and the Workforce, and Govern- oline excise tax rate by 6.8 cents per gallon, yield and environmental benefits, as well as ment Reform. the rate that originally was enacted to re- improved water system reliability, water f duce the deficit but which remains in effect quality, water use efficiency, watershed as a source of funding for the Highway Trust management, water transfers, and levee pro- REPORTS ON COMMITTEES ON Fund; to the Committee on Ways and Means. tection; to the Committee on Resources, and PUBLIC BILLS AND RESOLUTIONS By Mr. EVANS (for himself and Mr. in addition to the Committee on Transpor- Under clause 2 of rule XIII, reports of REYES): tation and Infrastructure, for a period to be H.R. 1981. A bill to make emergency sup- subsequently determined by the Speaker, in committees were delivered to the Clerk plemental appropriations for fiscal year 2001 each case for consideration of such provi- for printing and reference to the proper for the Department of Veterans Affairs; to sions as fall within the jurisdiction of the calendar, as follows: the Committee on Appropriations. committee concerned. Mr. YOUNG of Alaska: Committee on By Mrs. BIGGERT (for herself, Mr. By Mr. COLLINS (for himself, Mr. Transportation and Infrastructure. H.R. 691. BALLENGER, Mr. NORWOOD, Ms. DUNN, LEWIS of Georgia, Mr. MCCRERY, Mr. A bill to extend the authorization of funding Mr. BOEHNER, Mr. STENHOLM, Ms. SHAW, Mr. JOHN, Mr. SPRATT, Mr. for child passenger protection education GRANGER, Mrs. ROUKEMA, Ms. PRYCE LUCAS of Kentucky, Mrs. THURMAN, grants through fiscal year 2003 (Rept. 107–78). of Ohio, Mrs. MYRICK, Mr. GREEN- Mr. LEWIS of Kentucky, Mr. FOLEY, Referred to the Committee of the Whole WOOD, Mrs. NORTHUP, Mrs. BONO, Mr. Mr. COOKSEY, Ms. MCKINNEY, Mr. House on the State of the Union. SAM JOHNSON of Texas, Mr. HOEK- TANNER, Mr. WHITFIELD, Mr. ISAKSON,

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Mr. ADERHOLT, Mr. BRYANT, Mr. to the Committee on Energy and Commerce, period to be subsequently determined by the KINGSTON, Mr. CHAMBLISS, Mr. LIN- for a period to be subsequently determined Speaker, in each case for consideration of DER, and Mr. DEAL of Georgia): by the Speaker, in each case for consider- such provisions as fall within the jurisdic- H.R. 1986. A bill to amend the Internal Rev- ation of such provisions as fall within the ju- tion of the committee concerned. enue Code of 1986 to allow the proceeds from risdiction of the committee concerned. By Mr. BARCIA (for himself, Mr. bonds to be used for prepayments for natural By Ms. EDDIE BERNICE JOHNSON of HUNTER, Mr. CAMP, Mrs. THURMAN, gas; to the Committee on Ways and Means. Texas (for herself, Mr. EDWARDS, Ms. Mr. RYAN of Wisconsin, Mr. TANNER, By Mr. COLLINS (for himself, Mr. JACKSON-LEE of Texas, Mrs. MEEK of Mr. SHAW, Mr. COLLINS, Mr. NEAL of Massachusetts, Mr. SAM Florida, Mr. OWENS, Mr. SCOTT, Mrs. RAMSTAD, Mr. FOLEY, Mr. MCINNIS, JOHNSON of Texas, Mr. ENGLISH, Mrs. CLAYTON, Mr. CLAY, Mr. JACKSON of Mr. WATKINS, Ms. DUNN, Mr. ISAKSON, JOHNSON of Connecticut, Mr. Illinois, Mr. THOMPSON of Mississippi, Mr. DICKS, Mr. CANNON, Mr. JOHN, Mr. CHAMBLISS, Mr. BARR of Georgia, Mr. Mr. CUMMINGS, Mrs. JONES of Ohio, CUNNINGHAM, Mr. MORAN of Kansas, JEFFERSON, Ms. DUNN, and Mr. HOB- Mr. HILLIARD, Mr. LEWIS of Georgia, Mr. SMITH of Texas, Mr. BOSWELL, SON): Mr. WATT of North Carolina, and Ms. Mr. ROGERS of Michigan, Mr. H.R. 1987. A bill to amend the Internal Rev- LEE): REHBERG, and Mr. PETERSON of Min- enue Code of 1986 to allow distilled spirits H.R. 1994. A bill to waive the time limita- nesota): wholesalers a credit against income tax for tion specified by law for the award of certain H.R. 2001. A bill to amend the Internal Rev- their cost of carrying Federal excise taxes military decorations in order to allow the enue Code of 1986 to simplify the application prior to the sale of the product bearing the posthumous award of the congressional of the excise tax imposed on bows and ar- tax; to the Committee on Ways and Means. medal of honor to Doris Miller for actions rows; to the Committee on Ways and Means. By Mr. ENGLISH (for himself, Mr. while a member of the Navy during World By Mr. POMBO (for himself and Mr. CARDIN, Mr. HOUGHTON, and Mr. War II; to the Committee on Armed Services. PETERSON of Minnesota): LEVIN): By Mr. JONES of North Carolina (for H.R. 2002. A bill to consolidate and revise H.R. 1988. A bill to amend United States himself and Mr. SIMMONS): the authority of the Secretary of Agriculture trade laws to address more effectively im- H.R. 1995. A bill to advance the current relating to protection of animal health; to port crises; to the Committee on Ways and timetable for the elimination of out-of-pock- the Committee on Agriculture, and in addi- Means. et housing costs for members of the uni- tion to the Committee on the Judiciary, for By Mr. GILCHREST: formed services entitled to the basic allow- a period to be subsequently determined by H.R. 1989. A bill to reauthorize various ance for housing for military housing areas the Speaker, in each case for consideration fishery conservation management programs; inside the United States; to the Committee of such provisions as fall within the jurisdic- to the Committee on Resources. on Armed Services. tion of the committee concerned. By Mr. GEORGE MILLER of California By Mr. LEWIS of Georgia (for himself, By Mrs. ROUKEMA (for herself, Mr. (for himself, Mr. GILMAN, Mr. SAND- Mr. HOUGHTON, Mr. ABERCROMBIE, Mr. SMITH of New Jersey, Mr. FERGUSON, ERS, Mr. KILDEE, Mrs. MORELLA, Mr. ANDREWS, Mr. BRADY of Pennsyl- Mr. SAXTON, Mr. LOBIONDO, Mr. SCOTT, Mrs. DAVIS of California, Mr. vania, Ms. BROWN of Florida, Ms. FRELINGHUYSEN, and Mr. PASCRELL): STARK, Ms. NORTON, Mr. FRANK, Mrs. CARSON of Indiana, Mr. COYNE, Mr. H.R. 2003. A bill to amend title XVIII of the MINK of Hawaii, Mr. BONIOR, Ms. CUMMINGS, Mr. DINGELL, Mr. FROST, Social Security Act to provide that geo- BROWN of Florida, Ms. DELAURO, Mr. Mr. JACKSON of Illinois, Mr. JEFFER- graphic reclassifications of hospitals from CUMMINGS, Mr. LATOURETTE, Mr. SON, Ms. KILPATRICK, Ms. LEE, Mr. one urban area to another urban area do not KUCINICH, Mr. KENNEDY of Rhode Is- MCDERMOTT, Ms. MCKINNEY, Mr. result in lower wage indexes in the urban land, Mr. BISHOP, Mr. HINOJOSA, Mr. MCNULTY, Mrs. MINK of Hawaii, Mr. area in which the hospital was originally JACKSON of Illinois, Mr. RODRIGUEZ, RAHALL, Ms. RIVERS, Ms. classified; to the Committee on Ways and Ms. JACKSON-LEE of Texas, Ms. SCHAKOWSKY, Mr. SCOTT, Mr. THOMP- Means. SCHAKOWSKY, Mr. GUTIERREZ, and Mr. SON of Mississippi, Mr. TIERNEY, and By Mr. SMITH of Michigan: OWENS): Mr. WYNN): H.R. 2004. A bill to provide for the estab- H.R. 1990. A bill to leave no child behind; to H.R. 1996. A bill to prohibit racial or other lishment of a Department of Agriculture re- the Committee on Ways and Means, and in discriminatory profiling relating to deten- search program to enhance and develop the addition to the Committees on Energy and tions and searches of travelers by the United nitrogen-fixing ability of legumes and other Commerce, Education and the Workforce, States Customs Service, and for other pur- commercial crops; to the Committee on Ag- Agriculture, the Judiciary, and Financial poses; to the Committee on Ways and Means. riculture. Services, for a period to be subsequently de- By Mrs. MALONEY of New York (for By Mr. STARK (for himself and Mr. termined by the Speaker, in each case for herself and Mr. REYNOLDS): MOAKLEY): consideration of such provisions as fall with- H.R. 1997. A bill to amend the Uniformed H.R. 2005. A bill to amend the Internal Rev- in the jurisdiction of the committee con- and Overseas Citizens Absentee Voting Act enue Code of 1986, the Employee Retirement cerned. to increase the ability of absent uniformed Income Security Act of 1974, and the Public By Mr. HEFLEY: services voters and overseas voters to par- Health Service Act to extend the basic pe- H.R. 1991. A bill to direct the Secretary of ticipate in elections for Federal office, and riod for health care continuation coverage Veterans Affairs to establish a national cem- for other purposes; to the Committee on from 18 months to 5 years, to permit a fur- etery for veterans in the Colorado Springs, House Administration. ther extension of continuation coverage for Colorado, metropolitan area; to the Com- By Mr. MANZULLO: individuals age 55 or older, and to provide for mittee on Veterans’ Affairs, and in addition H.R. 1998. A bill to provide standards for a 50 percent refundable tax credit towards to the Committee on Ways and Means, for a the enactment of Federal crimes, to sunset premiums for COBRA continuation coverage; period to be subsequently determined by the those Federal crimes that do not meet those to the Committee on Ways and Means, and in Speaker, in each case for consideration of standards, and for other purposes; to the addition to the Committees on Education such provisions as fall within the jurisdic- Committee on the Judiciary, and in addition and the Workforce, and Energy and Com- tion of the committee concerned. to the Committee on Rules, for a period to be merce, for a period to be subsequently deter- By Mr. ISAKSON (for himself, Mr. subsequently determined by the Speaker, in mined by the Speaker, in each case for con- BOEHNER, Mr. MCKEON, Mr. CASTLE, each case for consideration of such provi- sideration of such provisions as fall within and Mr. GOODLATTE): sions as fall within the jurisdiction of the the jurisdiction of the committee concerned. H.R. 1992. A bill to amend the Higher Edu- committee concerned. By Mr. THOMAS (for himself, Mr. cation Act of 1965 to expand the opportuni- By Mr. NUSSLE: SMITH of New Jersey, Mr. STUMP, Mr. ties for higher education via telecommuni- H.R. 1999. A bill to amend the Clean Air BILIRAKIS, Mr. BUYER, Mr. PICKERING, cations; to the Committee on Education and Act to prohibit the use of methyl tertiary Mr. PITTS, Mr. LATOURETTE, Mr. the Workforce. butyl ether as a fuel additive, to require Fed- FOLEY, Mrs. THURMAN, Ms. HART, By Mrs. JOHNSON of Connecticut (for eral vehicles to use ethanol fuel, and for Mrs. JO ANN DAVIS of Virginia, and herself, Mr. THOMAS, Mrs. THURMAN, other purposes; to the Committee on Energy Mr. MCKEON): Mr. CRANE, Mr. SHAW, Mr. MCCRERY, and Commerce, and in addition to the Com- H.R. 2006. A bill to amend titles 10 and 18, Mr. CAMP, Mr. RAMSTAD, Mr. SAM mittee on Ways and Means, for a period to be United States Code, and the Revised Stat- JOHNSON of Texas, Ms. DUNN, Mr. subsequently determined by the Speaker, in utes to remove the uncertainty regarding ENGLISH, Mr. HAYWORTH, and Mr. each case for consideration of such provi- the authority of the Department of Defense FOLEY): sions as fall within the jurisdiction of the to permit buildings located on military in- H.R. 1993. A bill to amend title XVIII of the committee concerned. stallations and reserve component facilities Social Security Act to delay from July 1 to By Mr. NUSSLE: to be used as polling places in Federal, State, the third Monday in September the deadline H.R. 2000. A bill to encourage the use of ag- and local elections for public office; to the for MedicareChoice organizations to report ricultural products in producing renewable Committee on Armed Services, and in addi- plan information, including information on energy; to the Committee on Ways and tion to the Committees on the Judiciary, the adjusted community rates; to the Com- Means, and in addition to the Committees on and House Administration, for a period to be mittee on Ways and Means, and in addition Agriculture, and Government Reform, for a subsequently determined by the Speaker, in

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each case for consideration of such provi- Mr. THOMPSON of Mississippi, Mrs. BERRY, Mrs. DAVIS of California, and sions as fall within the jurisdiction of the THURMAN, Mr. THOMPSON of Cali- Mr. MASCARA): committee concerned. fornia, Mr. TOWNS, Mr. TURNER, Mr. H. Res. 152. A resolution urging the Presi- By Mr. TRAFICANT: UDALL of New Mexico, Mr. VIS- dent to continue to delay granting Mexico- H.R. 2007. A bill to assist poor communities CLOSKY, Mr. WEXLER, and Mr. WYNN): domiciled motor carriers authority to oper- with public elementary and secondary school H.R. 2009. A bill to provide reliable officers, ate in the United States beyond the commer- construction; to the Committee on Edu- technology, education, community prosecu- cial zone until the President certifies that cation and the Workforce. tors, and training in our neighborhoods; to such carriers are able and willing to comply By Mr. WATT of North Carolina (for the Committee on the Judiciary. with United States motor carrier safety, himself, Mrs. CHRISTENSEN, Mr. By Mr. RUSH (for himself, Mr. HILL- driver safety, vehicle safety, and environ- JONES of North Carolina, Mr. MCGOV- IARD, Mr. SANDERS, Ms. CARSON of In- mental laws and regulations; that the United ERN, Ms. SOLIS, and Mr. UDALL of Col- diana, Ms. MCKINNEY, Mr. GONZALEZ, States is able to adequately enforce such orado): Mr. RANGEL, Ms. KILPATRICK, Mr. laws and regulations at the United States- H.R. 2008. A bill to authorize the Secretary ROSS, Mr. FILNER, Mrs. CLAYTON, Mr. Mexico border and in each State; and that of the Interior to study the suitability and CUMMINGS, Ms. NORTON, Mr. CLYBURN, granting such operating authority will not feasibility of designating the International Ms. SCHAKOWSKY, Mr. CLAY, Mr. endanger the health, safety, and welfare of Civil Rights Center and Museum, located in HOLT, Mr. MCGOVERN, Ms. EDDIE BER- United States citizens; to the Committee on Greensboro, North Carolina, as a unit of the NICE JOHNSON of Texas, Mr. BONIOR, Transportation and Infrastructure, and in National Park System, and for other pur- Mr. TOWNS, Mrs. JONES of Ohio, Ms. addition to the Committees on Ways and poses; to the Committee on Resources. BROWN of Florida, Mr. THOMPSON of Means, Energy and Commerce, and Inter- By Mr. WEINER (for himself, Mr. Mississippi, Mr. WYNN, Mr. FATTAH, national Relations, for a period to be subse- ABERCROMBIE, Mr. ACKERMAN, Mr. Mr. HINCHEY, Mr. BLAGOJEVICH, Mr. quently determined by the Speaker, in each ALLEN, Mr. BALDACCI, Ms. BALDWIN, JOHNSON of Illinois, Mr. ENGEL, Mr. case for consideration of such provisions as Mr. BARRETT, Ms. BERKLEY, Mr. BER- DAVIS of Illinois, Mr. FROST, Mr. fall within the jurisdiction of the committee MAN, Mr. BERRY, Mr. BLAGOJEVICH, FORD, Mr. JEFFERSON, Mr. OWENS, concerned. Mr. BONIOR, Mr. BORSKI, Mr. BRADY Mr. PALLONE, Mr. SHIMKUS, Ms. LEE, of Pennsylvania, Mr. BOUCHER, Ms. f Mr. UDALL of Colorado, Ms. JACKSON- BROWN of Florida, Mr. BROWN of Ohio, LEE of Texas, Mr. MEEKS of New MEMORIALS Mrs. CAPPS, Mr. CAPUANO, Mr. York, Mr. COSTELLO, Mr. LIPINSKI, CARDIN, Mr. CARSON of Oklahoma, Under clause 3 of rule XII, memorials Mr. JACKSON of Illinois, Mr. CONYERS, Ms. CARSON of Indiana, Mrs. were presented and referred as follows: Mr. BRADY of Pennsylvania, Mr. CHRISTENSEN, Mrs. CLAYTON, Mr. PAYNE, Mr. KUCINICH, Mr. BARRETT, 86. The SPEAKER presented a memorial of CLEMENT, Mr. CONYERS, Mr. Mr. SERRANO, Ms. SOLIS, Ms. the Legislature of the State of Hawaii, rel- COSTELLO, Mr. COYNE, Mr. CRAMER, DELAURO, Mrs. MINK of Hawaii, Mr. ative to Senate Concurrent Resolution No. 97 Mr. CROWLEY, Mr. DAVIS of Illinois, STARK, Mr. LAMPSON, Mr. GUTIERREZ, memorializing the United States Congress to Mr. DAVIS of Florida, Mrs. DAVIS of Mrs. MORELLA, Mr. MCNULTY, Mr. obtain funding for forty percent of the cost California, Ms. DEGETTE, Mr. HONDA, Mr. ANDREWS, Mrs. of special education and related services for DEFAZIO, Mr. DELAHUNT, Ms. CHRISTENSEN, Mr. BORSKI, Mr. LEWIS children with disabilities; to the Committee DELAURO, Mr. DEUTSCH, Mr. DICKS, of Georgia, Mr. NADLER, Mr. WATT of on Education and the Workforce. Mr. DINGELL, Mr. DOGGETT, Mr. North Carolina, and Ms. WATERS): 87. Also, a memorial of the Senate of the DOOLEY of California, Mr. DOYLE, Mr. H. Con. Res. 143. Concurrent resolution ex- State of Hawaii, relative to Senate Resolu- EDWARDS, Mr. ENGEL, Ms. ESHOO, Mr. pressing the sense of the Congress that a tion No. 47 memorializing the United States ETHERIDGE, Mr. EVANS, Mr. FARR of commemorative postage stamp should be Congress to appropriate funds for forty per California, Mr. FILNER, Mr. FRANK, issued honoring Paul Leroy Robeson; to the cent of special education and related services Mr. FROST, Mr. GEPHARDT, Mr. GON- Committee on Government Reform. for children with disabilities; to the Com- ZALEZ, Mr. GORDON, Mr. GREEN of By Mr. KILDEE (for himself and Mr. mittee on Education and the Workforce. Texas, Mr. HALL of Ohio, Ms. HAR- UPTON): 88. Also, a memorial of the Legislative of MAN, Mr. HASTINGS of Florida, Mr. H. Con. Res. 144. Concurrent resolution ex- the State of Missouri, relative to House Con- HINCHEY, Mr. HOEFFEL, Mr. HOLT, Mr. pressing the sense of Congress regarding the current Resolution No. 12 memorializing the HONDA, Ms. HOOLEY of Oregon, Mr. Republic of Korea’s ongoing practice of lim- United States Congress to consider estab- HOYER, Mr. INSLEE, Mr. ISRAEL, Mr. iting United States motor vehicles access to lishing a strong remedial federal energy pol- JACKSON of Illinois, Ms. JACKSON-LEE its domestic market; to the Committee on icy that delegates emergency powers to indi- of Texas, Mr. JEFFERSON, Ms. EDDIE International Relations, and in addition to vidual state; to the Committee on Energy BERNICE JOHNSON of Texas, Mr. JOHN, the Committee on Ways and Means, for a pe- and Commerce. Mrs. JONES of Ohio, Mr. KANJORSKI, riod to be subsequently determined by the 89. Also, a memorial of the Legislature of Ms. KAPTUR, Mr. KELLER, Mr. KEN- Speaker, in each case for consideration of the State of Hawaii, relative to Senate Con- NEDY of Rhode Island, Mr. KLECZKA, such provisions as fall within the jurisdic- current Resolution No. 149 memorializing Mr. KUCINICH, Mr. LAFALCE, Mr. tion of the committee concerned. the United States Congress to request the LANGEVIN, Mr. LARSEN of Wash- By Mr. NEY: United Nations to consider the establish- ington, Mr. LARSON of Connecticut, H. Res. 148. A resolution electing Members ment of a center for the health, welfare, and Mr. LEACH, Ms. LEE, Mr. LEWIS of to serve on the Joint Committee on Printing rights of children and youth in Hawaii; to Georgia, Ms. LOFGREN, Mrs. LOWEY, and the Joint Committee of Congress on the the Committee on International Relations. Mrs. MALONEY of New York, Mr. Library; to the Committee on House Admin- 90. Also, a memorial of the Legislature of MALONEY of Connecticut, Mr. MATHE- istration. the State of Montana, relative to House SON, Mr. MATSUI, Mrs. MCCARTHY of By Mr. WELLER (for himself and Mr. Joint Resolution 18 memorializing the New York, Ms. MCCARTHY of Mis- MATSUI): United States Congress and the President to souri, Ms. MCCOLLUM, Mr. H. Res. 151. A resolution expressing the formally recognize the bicentennial anniver- MCDERMOTT, Mr. MCGOVERN, Mr. sense of the House of Representatives on the sary of the Lewis and Clark Expedition and MCINTYRE, Ms. MCKINNEY, Mr. importance of promoting fair, efficient, and actively plan for and support appropriate MCNULTY, Mr. MEEHAN, Mr. MEEKS of simple cross-border tax collection regimes celebrations of events commemorating the New York, Mr. MENENDEZ, Ms. that maintain market neutrality and pro- Expedition, an adventure that is unprece- MILLENDER-MCDONALD, Mr. GEORGE mote free trade on all sales distribution dented in America’s history; to the Com- MILLER of California, Mrs. MINK of channels within a globally networked econ- mittee on Government Reform. Hawaii, Mr. MOAKLEY, Mr. MOORE, omy; to the Committee on Ways and Means. 91. Also, a memorial of the Senate of the Mr. MORAN of Virginia, Mr. MURTHA, By Mr. OBERSTAR (for himself, Mr. State of Hawaii, relative to Senate Resolu- Mr. NADLER, Ms. NORTON, Mr. OLVER, BORSKI, Mr. BROWN of Ohio, Mr. GEP- tion No. 84 memorializing the United States Mr. PALLONE, Mr. PASCRELL, Mr. HARDT, Mr. TOWNS, Mr. HOLDEN, Mr. Congress to recognize federally the Hawaiian PASTOR, Ms. PELOSI, Mr. PETERSON of DINGELL, Mr. FILNER, Mr. RODRIGUEZ, people as an indigenous group, with all the Minnesota, Mr. POMEROY, Mr. QUINN, Mr. LIPINSKI, Mr. PASCRELL, Mr. rights to which that status is entitled; to the Mr. RAHALL, Mr. REYES, Ms. RIVERS, BACA, Mr. HONDA, Mr. BALDACCI, Mr. Committee on Resources. Mr. RODRIGUEZ, Mr. ROSS, Mr. ROTH- QUINN, Ms. BERKLEY, Mr. CLEMENT, 92. Also, a memorial of the House of Rep- MAN, Ms. ROYBAL-ALLARD, Ms. Mr. RAHALL, Mr. CRAMER, Mr. resentatives of the State of Ohio, relative to SANCHEZ, Mr. SANDERS, Mr. SANDLIN, DEFAZIO, Mr. CUMMINGS, Mr. House Concurrent Resolution No. 35 memori- Mr. SAWYER, Ms. SCHAKOWSKY, Mr. COSTELLO, Ms. EDDIE BERNICE JOHN- alizing the Ohio Congressional Delegation to SCHIFF, Mr. SCHROCK, Mr. SCOTT, Mr. SON of Texas, Mr. NADLER, Mr. support and work to pass a tax relief plan SERRANO, Mr. SHERMAN, Ms. SLAUGH- SANDLIN, Mr. MCGOVERN, Ms. and, in doing so, give due consideration of TER, Ms. SOLIS, Mr. SPRATT, Mr. STU- MILLENDER-MCDONALD, Mr. MATHE- the plan offered by President Bush; to the PAK, Mrs. TAUSCHER, Mr. TIERNEY, SON, Mr. LARSEN of Washington, Mr. Committee on Ways and Means.

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93. Also, a memorial of the House of Rep- TOR, Mr. MALONEY of Connecticut, Mr. NAD- H.R. 1402: Mr. WALDEN of Oregon. resentatives of the Commonwealth of Puerto LER, Mr. NEAL of Massachusetts, Mr. UDALL H.R. 1403: Mr. WALDEN of Oregon. Rico, relative to a Resolution memorializing of New Mexico, Mr. MARKEY, Mr. BERMAN, H.R. 1404: Mr. WALDEN of Oregon. the United States Congress to conduct a Mr. PHELPS, Mr. OLVER, Mr. CARSON of Okla- H.R. 1405: Mr. CARDIN. comprehensive study concerning the ways homa, and Mr. HINOJOSA. H.R. 1435: Ms. SCHAKOWSKY. and means by which the Government of H.R. 760: Ms. LEE. H.R. 1436: Mr. MOORE, Ms. MCKINNEY, Mr. Puerto Rico may help in the development, H.R. 808: Mr. POMEROY, Mr. NEAL of Massa- ANDREWS, Mr. MCDERMOTT, Mr. BERMAN, Mr. promotion and implementation of the expan- chusetts, Mr. EDWARDS, Mr. ACKERMAN, Mr. GONZALEZ, Ms. LEE, Mr. HASTINGS of Florida, sion of the Free Trade Zone of the Americas; FERGUSON, Mr. BORSKI, Mr. LARSON of Con- Mr. NEAL of Massachusetts, Mr. SCHIFF, Ms. to the Committee on Ways and Means. necticut, Mr. ORTIZ, Mr. BALDACCI, Mr. MAR- RIVERS, Mr. HORN, Ms. LOFGREN, Mr. GOR- 94. Also, a memorial of the Senate of the KEY, Mr. GILMAN, and Mr. HUNTER. DON, Mr. BARCIA, Mr. MEEKS of New York, State of Hawaii, relative to Senate Resolu- H.R. 848: Ms. RIVERS, Mr. LANTOS, Mr. Ms. JACKSON-LEE of Texas, Mr. TIERNEY, Ms. tion No. 98 memorializing the United States MCHUGH, Mr. KING, Ms. ESHOO, and Ms. KAPTUR, Mr. GILLMOR, Mr. PLATTS, and Mr. Congress and the United Nations to review SANCHEZ. ALLEN. the actions taken in 1959 relevant to Ha- H.R. 868: Ms. MCCOLLUM, Mr. RADANOVICH, H.R. 1452: Ms. LOFGREN. waii’s Statehood; jointly to the Committees Mr. MALONEY of Connecticut, Mr. KIRK, Mr. H.R. 1465: Mr. CARSON of Oklahoma, Ms. on International Relations and Resources. GONZALEZ, Mr. BEREUTER, and Mr. BURTON of SLAUGHTER, and Mr. TIERNEY. Indiana. H.R. 1514: Mr. WELLER and Mr. LANGEVIN. f H.R. 870: Mr. PLATTS. H.R. 1544: Mr. ENGLISH. H.R. 1594: Mr. SANDERS, Ms. SCHAKOWSKY, PRIVATE BILLS AND H.R. 908: Mr. KUCINICH and Ms. SANCHEZ. Mrs. LOWEY, Mr. BLUMENAUER, and Mr. RESOLUTIONS H.R. 937: Mr. PLATTS. H.R. 943: Mr. SAWYER, Mr. THOMPSON of TIERNEY. Under clause 3 of rule XII, private California, Mr. FROST, Mr. DEFAZIO, and Ms. H.R. 1596: Mr. CALVERT, Mr. KENNEDY of bills and resolutions of the following ROYBAL-ALLARD. Rhode Island, Mr. FOSSELLA, Mr. BILIRAKIS, titles were introduced and severally re- H.R. 948: Mr. OBERSTAR, Mr. SABO, Mr. Mr. BENTSEN, and Mr. REYES. H.R. 1598: Mr. BENTSEN. ferred, as follows: BLAGOJEVICH, Mr. POMEROY, and Mrs. LOWEY. H.R. 951: Mr. BONIOR, Mr. SPRATT, Mr. H.R. 1600: Mr. EHRLICH, Mr. SIMMONS, Mr. By Mr. RANGEL: PLATTS, Mr. LANTOS, Mr. DOYLE, Mr. WATTS DAVIS of Florida, and Mr. JACKSON of Illi- H.R. 2010. A bill for the relief of Kadiatou of Oklahoma, Mr. THOMPSON of Mississippi, nois. Diallo, Laouratou Diallo, Ibrahima Diallo, H.R. 1609: Mr. PETERSON of Minnesota. Mr. ROGERS of Kentucky, Mr. COYNE, and Mr. Abdoul Diallo, and Mamadou Bobo Diallo; to H.R. 1636: Mr. SCHAFFER and Mr. NUSSLE. WICKER. the Committee on the Judiciary. H.R. 1638: Mr. ISRAEL and Mr. KING. H.R. 981: Mr. HYDE, Mr. KOLBE, and Mr. By Ms. WOOLSEY: H.R. 1642: Mr. LANTOS, Mr. BLUMENAUER, LAHOOD. H.R. 2011. A bill for the relief of Zhenfu Ge; and Mr. SERRANO. H.R. 1021: Mr. DEAL of Georgia and Mr. to the Committee on the Judiciary. H.R. 1644: Mr. KINGSTON, Mr. DIAZ-BALART, BARTLETT of Maryland. Mr. WATTS of Oklahoma, and Mr. HANSEN. f H.R. 1024: Mrs. CAPITO, Mr. BRADY of Texas, H.R. 1645: Ms. WOOLSEY and Mr. GONZALEZ. Mr. YOUNG of Alaska, Mr. TANNER, and Mr. ADDITIONAL SPONSORS H.R. 1663: Mr. OWENS. BLUNT. H.R. 1674: Mr. VITTER, Mr. BAIRD, Mr. NAD- H.R. 1030: Mr. COLLINS, Mr. DEAL of Geor- Under clause 7 of rule XII, sponsors LER, Mr. BROWN of Ohio, and Ms. LOFGREN. gia, Mr. MASCARA, Mr. BLUNT, Mr. LUCAS of were added to public bills and resolu- H.R. 1681: Mr. TANCREDO, Mr. PITTS, Mr. Kentucky, Mr. MICA, Mr. BARTLETT of Mary- tions as follows: CHABOT, Mr. SOUDER, Mr. PENCE, Mr. PAUL, land, Mr. SUNUNU, Mr. CRANE, Mr. DUNCAN, H.R. 26: Ms. VELAZQUEZ. and Mr. HILLEARY. Mr. BALDACCI, Mr. DEFAZIO, Ms. MCKINNEY, H.R. 36: Mr. SCHROCK, Mrs. TAUSCHER, and H.R. 1690: Mr. GUTIERREZ. Mr. SMITH of Washington, Mr. DREIER, Mr. Mrs. CAPITO. H.R. 1699: Mr. MCHUGH, Mr. FOLEY, Mr. PUTNAM, Mr. RUSH, Mr. CHABOT, Mr. KILDEE, H.R. 123: Mr. BOEHLERT, Mr. CANTOR, Mr. TAYLOR of Mississippi, and Mr. SOUDER. and Mr. KIND. DOOLITTLE, and Mr. JOHNSON of Illinois. H.R. 1700: Mr. SOUDER. H.R. 1073: Ms. BROWN of Florida, Mr. INS- H.R. 154: Mr. BALDACCI. H.R. 1713: Mr. LAMPSON. LEE, Mr. PASTOR, and Mr. PETERSON of Min- UCINICH DWARDS H.R. 162: Mr. OLVER, Mr. MORAN of Vir- H.R. 1718: Mr. K , Mr. E , Mr. nesota. LVER IMMONS AMP PTON ginia, Mr. CONYERS, Mr. FORD, and Mr. ROSS. O , Mr. S , Mr. W , Mr. U , H.R. 1089: Mr. WELLER. E AY OSTELLO H.R. 173: Ms. VELAZQUEZ. Mr. D L , and Mr. C . H.R. 1092: Mr. JONES of North Carolina, Mr. H.R. 1731: Mr. RILEY, Mr. DEMINT, Mr. H.R. 174: Ms. VELAZQUEZ. PRICE of North Carolina, Ms. RIVERS, and Mr. PAUL, Mr. FROST, Mr. BARR of Georgia, Mr. H.R. 185: Mr. MCGOVERN. BLAGOJEVICH. CALVERT, Mrs. EMERSON, Mr. CRENSHAW, Ms. H.R. 218: Mr. MCHUGH, Mr. LARGENT, Mr. H.R. 1097: Mr. SANDERS. HART, Mr. HORN, Mr. FLAKE, and Mr. SOUDER. COLLINS, Mr. THOMPSON of Mississippi, Ms. H.R. 1110: Mr. PRICE of North Carolina, Mr. H.R. 1734: Ms. HART, Ms. MCKINNEY, Mr. HART, and Mr. JOHN. FRELINGHUYSEN, and Mr. BROWN of South WALSH, and Mr. OWENS. H.R. 236: Mr. STUMP and Mr. SENSEN- Carolina. H.R. 1754: Mr. LAFALCE, Mr. PAUL, Mr. BRENNER. H.R. 1134: Mr. HALL of Ohio and Mr. GOODE, Mr. BALDACCI, Mr. SAWYER, Mr. H.R. 239: Mr. ISAKSON. LATOURETTE. FRANK, Mr. RAHALL, Mr. MCGOVERN, Mr. H.R. 244: Mr. BAIRD. H.R. 1140: Mrs. LOWEY and Mr. OBEY. SESSIONS, and Mrs. THURMAN. H.R. 257: Mr. PAUL and Mr. FLAKE. H.R. 1170: Mr. CARDIN. H.R. 1760: Mr. PALLONE. H.R. 281: Mr. PHELPS. H.R. 1172: Mr. LANGEVIN, Mr. HUTCHINSON, H.R. 1779: Mr. BLUMENAUER, Mrs. MINK of H.R. 288: Mr. RUSH. Ms. DEGETTE, Mr. PETERSON of Pennsyl- Hawaii, Mr. RAHALL, Mr. CAPUANO, Mr. KEN- H.R. 303: Ms. PELOSI. vania, Mr. WHITFIELD, Mr. SMITH of New Jer- NEDY of Rhode Island, Mr. WAXMAN, Ms. RIV- H.R. 322: Mr. GIBBONS. sey, Mr. WAMP, Mr. TURNER, Mr. MOORE, Mr. ERS, Ms. DELAURO, Ms. LEE, Mr. WELDON of H.R. 326: Mr. LATOURETTE. KING, Ms. MCCARTHY of Missouri, Mr. HAYES, Pennsylvania, Ms. ROS-LEHTINEN, Ms. ESHOO, H.R. 353: Mr. WAMP, Mr. GOODE, and Mr. Mr. HORN, Mr. JENKINS, Mr. DIAZ-BALART, and Ms. CARSON of Indiana. CANTOR. Mr. NETHERCUTT, Mr. SPRATT, Mr. SUNUNU, H.R. 1781: Mr. SIMPSON, Ms. BALDWIN, and H.R. 448: Mr. CALVERT. Mr. SESSIONS, and Mr. GILLMOR. Mr. SHIMKUS. H.R. 475: Mr. ROGERS of Kentucky. H.R. 1195: Mr. MCGOVERN, Mr. FILNER, and H.R. 1786: Mr. SENSENBRENNER and Mr. H.R. 510: Mr. MOAKLEY. Mr. ROTHMAN. HOLDEN. H.R. 526: Mr. THOMPSON of Mississippi and H.R. 1212: Mr. BROWN of South Carolina and H.R. 1804: Mr. FROST and Mr. SANDLIN. Mr. WEXLER. Mr. WATT of North Carolina. H.R. 1808: Mr. FOSSELLA, Mr. CROWLEY, Ms. H.R. 572: Mr. LIPINSKI. H.R. 1234: Mrs. CHRISTENSEN. MCKINNEY, Mr. EVANS, Mr. ENGLISH, Mr. H.R. 599: Mr. ROSS. H.R. 1254: Mr. PLATTS and Mrs. ROUKEMA. FROST, Mr. FILNER, Mr. MCHUGH, Ms. PELOSI, H.R. 602: Mrs. JO ANN DAVIS of Virginia H.R. 1266: Mr. FARR of California, Mr. ROG- and Mr. FRANK. and Mr. REGULA. ERS of Michigan, and Mr. PLATTS. H.R. 1810: Mr. LUTHER. H.R. 611: Mr. BROWN of Ohio and Mr. TAN- H.R. 1271: Ms. DUNN. H.R. 1814: Mr. UDALL of New Mexico and NER. H.R. 1280: Ms. WOOLSEY and Mr. BOUCHER. Mr. SIMMONS. H.R. 612: Mr. GRUCCI, Ms. WOOLSEY, Mr. H.R. 1291: Mr. GRUCCI and Mr. PLATTS. H.R. 1815: Mr. HORN. HORN, Mr. DIAZ-BALART, and Mr. DOOLITTLE. H.R. 1298: Mr. PRICE of North Carolina. H.R. 1829: Ms. NORTON, Mr. MALONEY of H.R. 630: Mr. PLATTS. H.R. 1305: Mr. DOYLE and Mrs. THURMAN. Connecticut, and Mr. GUTIERREZ. H.R. 662: Mr. BARTON of Texas and Mr. H.R. 1308: Mr. SOUDER. H.R. 1835: Mr. LUCAS of Kentucky and Mrs. ISAKSON. H.R. 1317: Mrs. THURMAN. THURMAN. H.R. 721: Mr. CLAY, Mr. BISHOP, Mr. LUCAS H.R. 1331: Mr. GREENWOOD. H.R. 1842: Mr. LAFALCE and Mr. CONYERS. of Kentucky, Mr. JACKSON of Illinois, Mr. LI- H.R. 1338: Mr. WYNN and Mr. TURNER. H.R. 1896: Mr. SCHIFF and Ms. PELOSI, PINSKI, Mrs. CAPPS, Ms. KAPTUR, Mr. H.R. 1340: Mr. KIND and Ms. KILPATRICK. H.R. 1910: Mr. FOLEY, Ms. ROS-LEHTINEN, CAPUANO, Mrs. DAVIS of California, Mr. PAS- H.R. 1344: Ms. LEE. Mr. SESSIONS, and Mrs. THURMAN.

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H.R. 1922: Mrs. MALONEY of New York and H.J. Res. 36: Mr. MALONEY of Connecticut, H. Res. 139: Ms. SANCHEZ. Mrs. LOWEY. Mr. WYNN, Mr. COLLINS, Mr. FERGUSON, Mr. H.R. 1936: Mr. PETERSON of Pennsylvania. LATOURETTE, Mr. BURR of North Carolina, f H.R. 1938: Mr. SCHAFFER. Mr. LAHOOD, Mr. BOSWELL, Mr. CHAMBLISS, H.R. 1948: Mr. BLAGOJEVICH and Mr. BOS- Mr. PORTMAN, Mr. KNOLLENBERG, Ms. KAP- WELL. TUR, and Mr. KELLER. PETITIONS, ETC. H.R. 1971: Ms. EDDIE BERNICE JOHNSON of H. Con. Res. 22: Mr. ISAKSON, Mr. SKEEN, Texas, Ms. MILLENDER-MCDONALD, Ms. KIL- and Mr. RYUN of Kansas. Under clause 3 of rule XII, petitions PATRICK, Mrs. CLAYTON, Mr. FORD, Ms. H. Con. Res. 42: Mr. ROTHMAN. and papers were laid on the clerk’s PELOSI, Mrs. NAPOLITANO, Mr. BACA, Mr. H. Con. Res. 46: Mr. FILNER, Mr. CRANE, Mr. desk and referred as follows: ROTHMAN, Mr. KANJORSKI, Mr. MEEKS of New EVANS, Mr. RYUN of Kansas, Mr. SCHROCK, York, Mr. DEUTSCH, Mr. RUSH, Mr. MATSUI, Mr. MALONEY of Connecticut, Mr. COSTELLO, 16. The SPEAKER presented a petition of Mrs. MALONEY of New York, Mr. JACKSON of Mr. DOOLITTLE, and Mr. KANJORSKI. the Council of the City of Mansfield, Ohio, Illinois, Mr. BLAGOJEVICH, Mr. HOYER, Mr. H. Con. Res. 60: Mr. BONIOR, Mr. GUTIER- relative to Resolution No. 01–091 petitioning LIPINSKI, Mr. PHELPS, Ms. ROYBAL-ALLARD, REZ, and Mr. GOODE. the United States Congress to take all ac- H. Con. Res. 89: Mr. BENTSEN. Mr. TURNER, Mr. BERRY, Mr. SPRATT, Ms. tions necessary to stop the dumping of for- H. Con. Res. 102: Mr. MOAKLEY, Mr. ALLEN, MCCARTHY of Missouri, Mr. BOUCHER, Mr. eign steel in the United States, including the Mr. BROWN of Ohio, Mr. CONYERS, and Mr. CROWLEY, Mr. LAMPSON, Mr. RODRIGUEZ, Ms. amendment of the existing foreign trade BLAGOJEVICH. laws or the enactment of new foreign trade KAPTUR, Mr. KUCINICH, Ms. HOOLEY of Or- H. Con. Res. 116: Mr. BLUNT, Mr. BEREUTER, egon, Mr. THOMPSON of Mississippi, Mr. law to address the crisis in the steel indus- Mr. FLAKE, and Mr. KING. try; to the Committee on Ways and Means. TOWNS, Ms. SANCHEZ, Mr. HOLT, Mrs. MINK of H. Con. Res. 136: Mrs. MEEK of Florida, Mr. Hawaii, Mr. MCDERMOTT, Ms. BERKLEY, Mr. BONIOR, Mr. LARSEN of Washington, Mr. 17. Also, a petition of the City Council of ABERCROMBIE, Mr. DELAHUNT, Mr. CONDIT, MARKEY, Ms. SANCHEZ, and Mr. CONDIT. Strongsville, Ohio, relative to Resolution Mr. FARR of California, Mr. BLUMENAUER, H. Con. Res. 137: Ms. KAPTUR, Mr. FRANK, No. 80 petitioning the United States Con- Mr. OWENS, Mr. UDALL of Colorado, Mr. Ms. MCKINNEY, and Mr. KIRK. gress to repond to the crisis facing the do- MCNULTY, and Mr. NADLER. H. Res. 120: Ms. MCCOLLUM. mestic steel industry; jointly to the Commit- H.J. Res. 6: Mr. GILMAN and Mr. MCNULTY. H. Res. 132: Mr. BLAGOJEVICH, Mr. KIRK, tees on Ways and Means and Financial Serv- H.J. Res. 23: Mr. LAHOOD. Mrs. LOWEY, and Ms. SANCHEZ. ices.

VerDate 11-MAY-2000 04:07 May 25, 2001 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A24MY7.022 pfrm02 PsN: H24PT1 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, THURSDAY, MAY 24, 2001 No. 73 Senate The Senate met at 10 a.m. and was appoint the Honorable MICHAEL D. CRAPO, a keep us posted on how the conference called to order by the Honorable MI- Senator from the State of Idaho, to perform is proceeding so we are better equipped CHAEL D. CRAPO, a Senator from the the duties of the Chair. to answer the phone calls we get. State of Idaho. STROM THURMOND, President pro tempore. Mr. THOMAS. I yield to the chair- PRAYER Mr. CRAPO thereupon assumed the man of the Finance Committee. The Chaplain, Dr. Lloyd John chair as Acting President pro tempore. The ACTING PRESIDENT pro tem- Ogilvie, offered the following prayer: f pore. The Senator from Iowa. Gracious Father, Lord of the ups and RESERVATION OF LEADER TIME Mr. GRASSLEY. I thank the distin- downs of life, Lord of the seeming tri- guished Democratic leader for asking The ACTING PRESIDENT pro tem- umphs and supposed disappointments, the question. I hope I can answer it. pore. Under the previous order, leader- Lord who does not change in the midst Remember, I have tried to conduct the ship time is reserved. of change, we come to You for Your work of the Finance Committee in a strength and Your power. Make us f very transparent way and with open hopeful people who expect great RECOGNITION OF THE ACTING communication with everybody. So strength from You and continue to at- MAJORITY LEADER there will not be anything about this tempt great strategies for You. Today conference committee, except the spe- especially, we ask You to fill this The ACTING PRESIDENT pro tem- pore. The Senator from Wyoming. cific negotiations, that will be kept Chamber with Your presence and each from anybody. Senator—Democrat, Republican, Inde- f Last night there were some—well, pendent—with Your special resiliency. SCHEDULE Replenish our wells with Your peace yesterday over the course of the after- that passes understanding. We claim Mr. THOMAS. Mr. President, today noon and evening there were three in- Your promise through Isaiah—Fear not, the Senate will be in a period for morn- formal meetings, and they are going to for I am with you. Be not dismayed, I am ing business until 11:30 a.m., with Sen- continue this morning, probably in just your God. I will strengthen you; yes, I ators THOMAS and DURBIN in control. a few minutes. There have not been will help you; and I will uphold you with Following morning business, the Sen- any decisions made yet, but the normal My righteous right hand. Amen. ate may begin consideration of any leg- give and take that has to be done be- islative or executive items available f fore settling down to serious negotia- for action. The conference report to ac- tion is done and out of the way. PLEDGE OF ALLEGIANCE company the tax reconciliation bill is What I can best inform you about is expected to be available no later than The Honorable MICHAEL D. CRAPO led that at the trail end of our visiting Friday. Therefore, we expect votes the Pledge of Allegiance, as follows: yesterday the Speaker of the House throughout the remainder of the week. I pledge allegiance to the Flag of the came to our meeting and he informed I thank my colleagues for their at- United States of America, and to the Repub- all conferees that he had instructed the lic for which it stands, one nation under God, tention. House of Representatives that they indivisible, with liberty and justice for all. CONFERENCE REPORT PROGRESS would stay in session into the weekend f Mr. REID. Will the Senator from Wy- until this conference report was adopt- APPOINTMENT OF ACTING oming yield? ed. That does not mean we have to be Mr. THOMAS. Absolutely. PRESIDENT PRO TEMPORE in on the weekend. Mr. REID. I see the chairman of the The PRESIDING OFFICER. The Finance Committee. I ask him if we There has to be a realization that clerk will please read a communication made progress on the conference. there has to be a slot of give and take. to the Senate from the President pro Mr. THOMAS. The chairman is going There is good spirit about the con- tempore (Mr. THURMOND). to take a few minutes. ference at this point, and we will just The assistant legislative clerk read Mr. REID. The reason I say that, it is have to work our way through it. That the following letter: Thursday morning early, but we have is all I can tell the Senator. I will be U.S. SENATE, already been getting calls on this side glad to keep him informed anytime he PRESIDENT PRO TEMPORE, Washington, DC, May 24, 2001. about people wanting to make parades wants to ask, and even if he does not To the Senate: on Saturday and things of that nature. ask, I know I have a responsibility to Under the provisions of rule I, paragraph 3, I hope the Senator will be good enough keep him informed, and I will try to do of the Standing Rules of the Senate, I hereby this morning and during the day to that.

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

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VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5572 CONGRESSIONAL RECORD — SENATE May 24, 2001 MORNING BUSINESS it took a very special person to do I laid out the entire matter in much The ACTING PRESIDENT pro tem- that. I think Secretary Rumsfeld is greater detail in a letter I wrote to the pore. Under the previous order, there coming to grips with that very same chairman of the Budget Committee, will now be a period for the transaction problem right now. my friend from New Mexico, Senator of morning business, with Senators Over the years, PA&E developed a PETE DOMENICI. permitted to speak therein for not to ruputation for being very hardnosed, My letter to Senator DOMENICI is exceed 5 minutes. but also being very smart. In the old dated January 19, 1995. Under the previous order, the time days, PA&E put the fear of God in the I wrote the letter because Dr. Chu until 10:45 a.m. shall be under the con- harts and minds of admirals and gen- was being considered as a possible Di- trol of the Senator from Wyoming, Mr. erals worried about their pet projects. rector of the Congressional Budget Of- fice. I opposed his appointment to that THOMAS, or his designee. Over the years, PA&E earned a solid The Senator from Iowa. reputation and well-deserved respect. position. Mr. GRASSLEY. Mr. President, is That is how it came to be known as the My letter about Dr. Chu has re- the Senator from Wyoming finished? home for the famous Pentagon ‘‘whiz mained a closely guarded secret for the Mr. THOMAS. I yield to the Senator. kids.’’ One of the modern-day whiz kids past six years. Until recently, only Senator DOMENICI had seen the letter— f is one I came to know quite well— Franklin C. Spinney, Chuck Spinney and no one else. NOMINATION OF DAVID CHU for short. When I heard that Dr. Chu was being Mr. GRASSLEY. Mr. President, I Chuck Spinney worked for Dr. Chu in considered for a top-level post in the want to speak about something I have PA&E’s tactical air division, where he Pentagon, I shared the letter with the often spoken about in this Chamber. still works this very day. Chuck Spin- Director of White House Personnel. My colleagues have not heard me speak ney’s immediate boss was Tom That was on March 8. about this for a couple months. I try to Christie. Tom Christie is another dis- Clearly, the existence of this letter follow on a very regular basis what is tinguished PA&E alumnus. President has caused some heartburn in both the going on in the Defense Department be- Bush has just nominated him to be the White House and Pentagon. It has gen- cause I want to make sure our defense next Director of Operational Test and erated a number of phone calls to my dollars are spent wisely. Evaluation. office. I come to this Chamber today to ex- Tom Christie deserves a lot of credit I continue to have strong reserva- plain my opposition to a Department of for protecting Chuck Spinney. He pro- tions about Dr. Chu’s nomination. Defense nomination. This is the nomi- vided a sanctuary where Chuck Spin- When I was contacted by the White nation of Dr. David Chu to be Under ney could speak freely. He provided an House about Dr. Chu, I made my posi- Secretary of Defense for Personnel and environment where Chuck Spinney tion crystal clear: If Secretary Rumsfeld wants to make Readiness. could do the kind of work that PA&E On Friday, May 18, I placed a hold on had always done. Unfortunately, this Dr. Chu the Under Secretary of Per- Dr. Chu’s nomination. It happens that kind of work became increasingly un- sonnel and Readiness, then Secretary Dr. Chu is a very talented person. popular during the Reagan defense Rumsfeld will need a strong, inde- Those people who know him may won- build-up. pendent Inspector General (IG). That’s my position on the Chu nomi- der why I have some question about That’s when I met Chuck Spinney— nation. him filling this position because he is in the early stage of the Reagan de- One of the IG’s toughest jobs is the so highly educated, holding a Ph.D. fense build-up. I came to know him as investigation of allegations of mis- from Yale University. He has a very the author of a very controversial re- conduct by senior Pentagon officials. impressive resume, and he has an ex- port entitled ‘‘The Plans/Reality Mis- He will need a hard-nosed individual tensive management and analytical match.’’ with plenty of hands-on experience to The Plans/Reality Mismatch was an background. He is currently vice presi- succeed at that job. dent at the prestigious Rand Corpora- explosive piece of work. It was so ex- I don’t see the Pentagon moving in tion. plosive because it undermined the that direction—yet. In most ways, he is qualified for the credibility of the Reagan defense build- Mr. President, I may have much position for which he has been nomi- up. more to say about Dr. Chu at a later nated. I emphasize, he is qualified in Chuck Spinney’s Plans/Reality Mis- date. most ways, but in a most important match set the stage for an unprece- I yield the floor. one—the matter of integrity—I am not dented hearing held in February 1983. The ACTING PRESIDENT pro tem- 100-percent certain. This was a joint hearing between the pore. The Senator from Wyoming. Armed Services and Budget Commit- I have some unresolved questions f about Dr. Chu’s approach to telling it tees that was held largely at my re- like it is—one might say his honesty. I quest. SENATE BUSINESS am hoping these can be cleared up And Chuck Spinney, his Plans/Re- Mr. THOMAS. Mr. President, I take a through negotiations. ality Mismatch, and stack of famous few minutes this morning to talk about My questions about Dr. Chu’s integ- spaghetti charts were the centerpiece a topic to which we will soon be mov- rity go back 20 years, I am sorry to of the hearing. This was a hearing ing. We have properly spent a good deal say, to 1982, an incident I had that in- characterized by high drama. It was of time on the budget. We spent a good volved the Director of the Office of held in the Senate Caucus Room under deal of time on taxes, although that is Program Analysis and Evaluation. this the glare of television lights and in- not finished yet. I congratulate the is commonly called PA&E—program, tense media coverage. chairman on his excellent work on the analysis, and evaluation. Chuck Spinney gained instant noto- tax bill. It sounds as if we will be able PA&E was a very important office in riety as the ‘‘maverick Pentagon ana- to present that to the President and the Pentagon in those days, and it was lyst.’’ He appeared on the cover of the successfully give tax relief to the staffed with a very impressive cast of March 7, 1983 issue of Time magazine. American people. characters. It was set up in the 1960s to My questions about Dr. Chu’s integ- We also have been heavily involved act as a devil’s advocate for the Sec- rity grew out of Chuck Spinney’s in education. We have not finished that retary of Defense. Plans/Reality Mismatch. area yet. We will soon be returning to PA&E was supposed to help the civil- Leading up to the hearing, Dr. Chu it. ian Secretary of Defense separate the withheld information about the Spin- Those have been the most current wheat from the chaff. PA&E was sup- ney report. He didn’t tell us the whole topics and perhaps, indeed, among posed to ferret out questionable pro- story. He tried to keep it from me, Sen- Members the most important topics. grams and help the Secretary elimi- ator Gorton, and Senator Kassebaum. There is another topic that is very nate those that were not necessary. Mr. President, that’s the bottom line: important to everyone and one to From time to time, PA&E has to tan- Dr. Chu was not forthright and honest which we are moving, and that is en- gle with the brass at the Pentagon, and with me. ergy and energy policy. After having

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5573 an energy policy, we will begin to im- age fuel diversity—something we clear- groups are critical if there is not plement that policy so we can make ly need—and to utilize all of our do- enough emphasis on hydro but, inter- sure we can provide the necessary en- mestic resources rather than relying estingly enough, those are the same ergy in a way that is careful and on a particular resource. We need to people who, a couple of years ago, were watchful about the environment. I talk about coal, which is now pro- talking about tearing down the dams, think we can do this. ducing 52 percent of the electricity the ones that generate the hydro. So One of the important things that has used in this country. Our reserves of there is always conflict in these things. happened is there is now an energy pol- coal are greater than probably any We have to take into account, on the icy from the White House that will be other fossil fuel. There is great oppor- economic end, environmental factors. open, of course, to great debate and tunity for their use in the future. We need to find a way to produce more great discussion in the Congress and in There is also in this proposition, I clean energy and more secure energy in the whole country. think properly, a good deal of effort our future. So our strategy ought to be, The fact is we have not had a policy and money oriented towards continued and generally is here in this policy on energy for a very long time. That is developing technology and research in book, to repair and expand the Nation’s one of the reasons we find ourselves in clean coal. I think that is something antiquated infrastructure. we ought to do. the position we are in now. We have That is difficult. There is always a not looked ahead and we have not re- There is also recognition and support for renewables, whether it is wind en- great deal of concern about electric sponded to the market messages that transmission lines, of course. I suppose were sent in California. When we have ergy or solar energy or, in fact, hydro. We do that now. We have been working nobody really wants one in their back- consumption rising and production yard. On the other hand, if you are going down, there is a problem. at that for some time. Frankly, renew- ables now produce only about 1 percent going to have electricity in California, In the case of energy, as is the case of you have to have a transmission line to most other industries, it takes a good of our energy requirements but, never- theless, there are opportunities for get it there. We need to find a way to deal of time to implement some do that more expediently. We need to change. I am very pleased we are mov- them to be a much larger part as we do research. find a way to do that, frankly, with ing in that direction and we will con- more respect for people’s private prop- tinue to move. I applaud the President I come from the State of Wyoming. We have the highest coal production of erty. The same with gas pipelines, we and Vice President CHENEY for the em- any State and I think the largest re- have to have an infrastructure to do phasis put by the White House on the that. energy issue and, specifically, the sources of coal. We also have a consid- We are still often dealing with out- White House task force that completed erable amount of wind and have some wind farms producing energy. Probably dated equipment, particularly in the its work in a rather short time. Of there will be a great deal more. area of gasoline refineries. There have course, we have that energy package I remember, a number of years ago, a not been any new refineries built for a now. I think it will be the basis of our meeting in Casper, WY, on energy. This very long time, so the ones we have, of activities over the next several was 10 or 15 years ago. A speaker—I course, are old. There have been some months, a very extensive booklet of think from Europe—pointed out we rules from EPA that have made it dif- issues pertaining to energy and the have never run out of a fuel; we ficult to upgrade refineries. They have maintenance of our energy avail- changed because we found one that was the new source rule, which says if you ability. more efficient or more effective. We make it more efficient, or update the I applaud particularly the Vice Presi- didn’t run out of wood. We started old refinery, you have to meet the en- dent for working in this working group using coal. We didn’t run out of coal; vironmental standards of a new plant. and including more than energy. The we moved on to other things. I am con- That has discouraged upgrading the involvement of the Department of the fident we will move on, whether it is to plants we have now. Interior and the involvement of the En- hydrogen or solar or whatever, but I vironmental Protection Agency are Another thing we ought to be doing— think we will be looking in that direc- and, again, it is in this report—is con- equally important, as in the involve- tion. ment of the Energy Department itself. servation. That is a choice you and I As we look at our automobiles and have to make. There is no question but The things they do, the land they man- our travel plans for this holiday week- age, the rules they promulgate cer- what we can conserve. Look around end, oil and gas has to be one of the your house. There are lots of times tainly are as important as anything things most important to us. Those else that affects energy. when we can be using less electricity volumes need to be improved. Our big- than we are. The same is true, of One of the real problems we have had gest problem at the moment is not is we have become more and more de- course, with gasoline. We have to find crude oil amounts; it is really refining. more efficient use of this resource, and pendent on imported oil and foreign We are up to 98 percent of capacity. So countries to produce what we need. Ob- we can do that. I don’t know if it al- we need to do some things in that area. ways has to be a legislative question. I viously, there will be an effort to in- I mentioned hydro. Along with that think we have some personal responsi- crease domestic production. That is clean energy source, of course, is nu- bility in that area of conservation. certainly the proper goal. clear. Interestingly enough, most peo- There has been some criticism that ple do not recognize about 20 percent of Boost supply, of course, alternative this study was not a public affair. How- our electric generation right now is nu- sources, encourage new technology— ever, the Vice President did talk to 265 clear. It is the most clean source, cer- those are things we can do and must different groups. This was not a public tainly of electric generation. It has dif- do. decisionmaking; this was the White ficulties. One of them is the waste, In the West, one of our greatest chal- House putting it out. How the Congress what to do with nuclear waste. We lenges is access to public lands and and the public will be involved. That is have been trying to deal with that for care for those public lands. In my State the proper way for the President to some time. We have the question of of Wyoming, about 50 percent of the handle policy. permanent storage out at Yucca Moun- State belongs to the Federal Govern- Chairman MURKOWSKI, from the En- tain, NV. We have spent billions get- ment. In some States, it is even higher ergy and Natural Resources Com- ting into that place and have more to than that. I think Nevada is almost 86- mittee, or which I am member, has a spend. We now find resistance from the percent federally owned lands. So there broad bill that deals with many issues. State. They didn’t resist spending the are rules and regulations about access There is a hearing going on as we billions of dollars there, I might add. In to those lands. Indeed, there should be. speak, and the Secretary of Energy is any event, we have to do something But the fact is, they are a resource talking to the committee about this re- there, perhaps take advice from France that belongs to the American people port and his ideas for implementation. and Scandinavia, where they recycle and there ought to be an opportunity The recommendations are extremely this and have less waste than we do. for access to these lands for all kinds of interesting and extremely important. With Hydro, again, there are some uses, whether it is hiking, hunting, Task force recommendations encour- paradoxes. Some of the environmental grazing, mineral exploration. I think

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5574 CONGRESSIONAL RECORD — SENATE May 24, 2001 we can do that in a way that is con- ANWR. Whether or not we end up in Teton Park, so that we end up pre- sistent with preserving these resources. ANWR is not the issue; the issue is serving the open spaces in Nevada, so Indeed, we should. whether there is access to those lands that we end up preserving the trees and We have been developing energy for a that should be available for exploration the mountains and the hills in very long time in Wyoming. For the and production. There are a great Vermont because those are very close most part, it has turned out quite well. many of those lands. We have already to all of us and very important. We reclaim coal mines and the land re- extensive gas production. We need to So I think we have a great oppor- covers. When they are through, the increase the infrastructure there and tunity now. We have to move quickly land probably is more productive than have a natural gas pipeline; provide because it is something that affects ev- it was before they started. You can see royalty relief for deep water and en- eryone. And it is starting to affect us the deer and antelope come around to hance that recovery, as well as low pro- now, of course. those places because there is more duction wells. We can do that which There is always this question of need- grass than there was before. We can do would increase considerably production ing to do something today. We need to that. of energy here. put in price caps. We need to do this. It We have to recognize there are dif- There are a lot of things to do. We is very difficult. Obviously, price caps ferent kinds of public lands. There is a need to extend renewables and alter- have not been an asset in terms of great deal of difference between a na- native fuels. This is a good one. As I causing things to happen over the long tional park, which is limited in its mentioned, it currently only produces term, to cause investments to take uses, and should be—we are not going less than 2 percent—a little over 1 per- place so that we do solve the problems. to produce energy in Yellowstone Na- cent—of the total, but it has the poten- We took oil out of SPR, out of stor- tional Park unless it is out of hot tial to do a great deal more. And it is age last time, and it had no overall im- water or something; we are not going very clean energy. That is what a lot of pact. So we are going to have to sit to do that and should not. people would like to do. down, probably look for conservation Wilderness—wilderness is set aside It streamlines the hydroelectric li- in the short term, and take a look at for singular uses. But most of the pub- censing process. It expands tax credits, what we can do with infrastructure, lic land in Bureau of Land Management again, for the production of electricity with sources to develop our fuels for land that was never set aside for any- from renewable sources. the future. thing. It was there. It was there after We hear from environmentalists that I thin we have a great opportunity to they closed down the Homestead Act all that is talked about is more produc- do that. We have guidelines for doing it and these lands were unclaimed so they tion of oil. That is not true. This book in President Bush’s and Vice President became Bureau of Land Management contains all these areas, with a consid- CHENEY’s national energy policy. lands. They are available, in my view, erable amount of emphasis on con- f and in most cases they are for multiple servation, and with a considerable uses. We need to ensure that is hap- amount of emphasis on renewables. So VETERANS OPPORTUNITIES ACT pening. we can do that. OF 2001 However, since 1983, access to min- Obviously, one of the difficult things Mr. THOMAS. Mr. President, I ask eral reserves in the West has declined to do is strengthening and increasing unanimous consent that the Veterans’ by about 65 percent. Less than 17 per- the infrastructure so we can move en- Affairs Committee be discharged from cent of the total mineral estate is ergy. There is a good deal of talk in my further consideration of H.R. 801 and leased as compared to 72 percent in State, again, about mine mouth gen- that the Senate then proceed to its im- 1983. I do not suggest we return to that, eration. It is very efficient. But then mediate consideration. but we do have to take a look at acces- you have to move it. You have to move The PRESIDING OFFICER (Mr. sibility. We have to take a look at good it on a transmission line or a gas pipe- CHAFEE). Without objection, it is so or- environmentally sound ways of explor- line. We can do that. I think we have dered. The clerk will report the bill by ing and extracting minerals. We can do done some research to reduce the line title. that. The Bush-Cheney plan addresses loss that is in that kind of transpor- The assistant legislative clerk read this problem. Not only how to do it, tation. But that is probably our most as follows: but it talks about renewables. It talks available source of electric generation. A bill (H.R. 801) to amend title 38, United bout the environment and issues we It needs to be moved to where the mar- States Code, to improve programs of edu- need to talk about. ket will be. We can do that. cational assistance, to expand programs of We have a great deal to do, but we There needs to be a considerable transition assistance and outreach to depart- have some great opportunities to do it. amount of work done on refining. One ing servicemembers, veterans, and depend- Here are a few of the things that are in happy thought is that there is a sur- ents, to increase burial benefits, to provide the Bush-Cheney national energy pol- plus of gas that is beginning to build for family coverage under Servicemembers’ up. I think we see a leveling off of the Group Life Insurance, and for other pur- icy. We help consumers in the short poses. run. We increase LIHEAP funding to price. I met with some refiners the $1.7 billion. LIHEAP is for low-income other day, and they say there is likely There being no objection, the Senate people whose home energy bills went to be a turnaround here, probably after proceeded to consider the bill. up. We double the weatherization fund- this weekend. It will not be a great AMENDMENT NO. 790 ing, work with Governors to encourage rush, but we will see it at least not Mr. THOMAS. Mr. President, Sen- regional energy planning, and work move up as it has in the past. ators SPECTER and ROCKEFELLER have with FEMA so the emergency agency Finally, I am a strong proponent of an amendment at the desk, and I ask can respond to energy emergencies. the environment. I grew up in a place for its consideration. There is a good deal of emphasis on right outside Yellowstone Park, where The PRESIDING OFFICER. The conservation, increasing efficiency. In- the environment is very close. In our clerk will report. deed, it is made a national priority in plan, as we look forward to where we The assistant legislative clerk read this book. want this country to be in the next 20 as follows: We need to expand DOE’s appliance years, in the next 50 years, we need a The Senator from Wyoming (Mr. THOMAS), standards programs to make standards strong economy. And if we want a for Mr. SPECTER, for himself and Mr. ROCKE- higher. We need to take a look at the strong economy, we need jobs. FELLER, proposes an amendment numbered mileage standards on vehicles, and this We also need energy so we can pro- 790. plan provides incentives for fuel-effi- vide for this economy and do the things (The text of the amendment is print- cient technologies. These things are all we need to do, which includes the mili- ed in the RECORD under ‘‘Amendments in this plan, and I think are a very im- tary and military defense. At the same Submitted and proposed.’’) portant part of it. time, we want to have an environment Mr. SPECTER. Mr. President, I have We need to increase the supply of with a certain amount of open space sought recognition to comment on the conventional fuels. We can do that. I protecting this environment so that we ‘‘Veterans’ Survivor Benefits Improve- know there is great controversy about end up preserving the mountains in ment Act of 2001,’’ a measure which I

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5575 ask be approved by the Senate as a sub- ice-related injuries which are perma- surviving spouses, children, and de- stitute amendment to H.R. 801. H.R. 801 nent and total in nature. pendent parents. The Act also specifies is a bill which was passed by the House Under the Act—similar to provisions that such efforts are to be undertaken of Representatives on March 27, 2001, applicable under the TRICARE expan- with the use of the internet, media, and subsequently referred to the Sen- sion enacted in Public Law 106–398— and veterans’ publications to reach as ate Committee on Veterans’ Affairs. In CHAMPVA benefits will be extended to wide a beneficiary audience as possible. my capacity as Chairman of the Vet- spouses even after they gain Medicare Awareness of available benefits is crit- erans’ Affairs Committee, I am pleased eligibility, and CHAMPVA will pay for ical if VA is to meet its statutory re- to offer this amendment with my col- what Medicare does not. Full sponsibilities. league, the Ranking Member of the CHAMPVA benefits will be extended to Lastly, the Act makes several tech- Committee, Senator ROCKEFELLER. eligible survivors who were eligible for nical improvements to the Mont- In keeping with the spirit of the up- Medicare on the date of enactment, and gomery GI Bill (MGIB) education pro- coming Memorial Day holiday—a day for those survivors who became Medi- gram. The first improvement would intended to memorialize the service of care-eligible after enactment, full clarify eligibility requirements for those who lost their lives while in serv- CHAMPVA benefits will be extended MGIB benefits. Current law, as amend- ice to the Nation—the Veterans’ Sur- upon enrollment in Medicare Part B. ed under the ‘‘Veterans Benefits and vivor Benefits Improvements Act of As part of the ‘‘Veterans Benefits and Health Care Improvement Act of 2000’’ 2001 would retroactively increase insur- Health Care Improvement Act of 2000’’ (Public Law 106–419), could be inter- ance benefits provided to, and guar- (Public Law 106–419), signed into law on preted as requiring more active duty antee additional health coverage for, November 1, 2000, Congress authorized service than is actually necessary to the survivors of service members killed an increase, from $200,000 to $250,000, in qualify for MGIB benefits. The clari- in the line of duty. The Act would also the maximum amount of fying language removes any ambiguity expand health care coverage to the Servicemembers Group Life Insurance as to the service obligation required for spouses of veterans who have perma- (SGLI) coverage available to partici- eligibility. nent and total disabilities due to mili- pating service members. However, Con- A second improvement would change tary service, as well as the spouses of gress did not make the increased max- the method by which a veteran’s MGIB veterans who have died as a result of imum death benefit effective until entitlement is charged in cases where wounds incurred in service. Further, April 1, 2001. Sadly, the Nation’s Armed an active duty service member uses a the Act extend life insurance benefits Forces have suffered a series of tragic portion of his or her MGIB benefit enti- to service members’ spouses and chil- losses over the past several months. tlement during service to supplement dren, and would authorize, and direct, From the terrorist attack on the costs not covered under Tuition Assist- the Department of Veterans Affairs to U.S.S. Cole on October 12, 2000, to the ance Reimbursement programs run by conduct outreach efforts to contact accidental bombing of our own service the armed service branches. The new these survivors, and other eligible de- members in Kuwait on March 12, 2001, method would be simpler for VA to ad- pendents, to apprize them of the bene- many brave Americans have lost their minister, easier for veterans to under- fits to which they are entitled. Finally, lives in defense of freedom during the stand, and more beneficial for a vet- the Act would make technical improve- period between enactment and the ef- eran wishing to maximize his or her ments to Montgomery GI Bill edu- fective date of these increased benefits. utilization of the MGIB benefit. cation benefits, and make other purely As a symbol of gratitude to the sur- A third improvement would simplify technical amendments to title 38, vivors of those killed in the perform- administration of the new MGIB ‘‘buy- United States Code. ance of duty, section 5 of the Act would up’’ opportunity created by the ‘‘Vet- As part of the ‘‘Floyd D. Spense Na- allow retroactive application of the in- erans Benefits and Health Care Im- tional Defense Authorization Act for creased SGLI amount for those service provement Act of 2000’’ (Public Law Fiscal Year 2001’’ (Public Law 106–398), members who died in the performance 106–419). Under that law, a service Medicare-eligible military retirees and of duty between October 1, 2000, and member who contributes up to $600 their spouses became eligible for life- March 31, 2001, and who had the max- while in service may receive an addi- time health care coverage under the imum amount of available SGLI cov- tional $150 per month in additional Department of Defense (DOD) erage in effect at the time of death. monthly MGIB benefits for a total of 36 TRICARE program. Under the new law, This would amount to a $50,000 pay- months. The improvement would set TRICARE acts as a ‘‘Medigap’’ policy, ment for eligible beneficiaries, a small minimum monthly in-service contribu- paying for those health care services, token of thanks for a sacrifice so large. tion amounts of $20 and would limit such as prescription drugs, not covered I thank my colleague from Virginia, the frequency of contributions to once under Medicare. Prior to enactment of Senator WARNER, who authorized the per month. DOD requested these modi- Public Law 106–398, military retirees legislation (S. 546) from which this pro- fications to ensure the smooth and effi- lost TRICARE eligibility upon becom- vision was derived. cient operation of the ‘‘buy-up’’ pro- ing eligible for Medicare. Another provision in the Act would gram. Mr. President, we can do no less for enhance SGLI benefits for the spouses A fourth improvement would clarify the survivors of service members who and dependent children of active duty and extend current provisions of law have died wearing our Nation’s uniform service members. The provision would providing for the reimbursement of than we have already done for spouses permit service members to purchase a contributions made to secure eligi- of military retirees. Therefore, Section maximum of $100,000 in SGLI coverage bility for MGIB benefits in cases where 3 of the Act—building on legislation in- for their spouses and would extend the service member has died before he troduced by Senator ROCKEFELLER (S. $10,000 of life insurance coverage auto- or she could utilize those benefits. Cur- 564) and consistent with the principles matically to their children. These rent law neglects to specify explicitly set out in the ‘‘TRICARE-for-life’’ pro- added enhancements to the SGLI pro- that the reimbursement provision ap- gram expansion for military retirees— gram are common features provided by plies in certain circumstances. This would extend lifetime health coverage many commercial policies; they should provision remedies that oversight. under the Civilian Health and Medical be made available to our fighting men Finally, a fifth improvement would Program of the VA (CHAMPVA) pro- and women. A similar provision was clarify that service members who wish gram. That program—similar to approved by the Senate during the to convert from Veterans Educational TRICARE—provides medical services 106th Congress, but was not acted upon Assistance Program (VEAP) benefits to to the surviving spouses of service by the House. MGIB eligibility—an option made pos- members who died while on active In order to ensure that veterans’ sible by a provision of the ‘‘Veterans duty, to the surviving spouses of vet- family members are made aware of the Benefits and Health Care Improvement erans who died after service from inju- various VA benefits to which they are Act of 2000’’ (Public Law 106–419)—need ries sustained while on active duty, entitled, section 6 of the Act authorizes only contribute $2,700 to exercise that and to the spouses of veterans who and instructs VA to conduct enhanced option. Due to a drafting error, current have survived service but who had serv- outreach efforts to veterans’ spouses, law could be read as requiring that a

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5576 CONGRESSIONAL RECORD — SENATE May 24, 2001 servicemember interested in con- broken and a modification in law is Coverage is available in $10,000 incre- verting pay $3,900, an additional con- needed to make CHAMPVA consistent ments up to a maximum of $250,000 un- tribution amount that was not in- with TRICARE. less the servicemember declines cov- tended. The provisions in this bill simply erage or elects coverage at a reduced Mr. President, I urge my colleagues clarify that the CHAMPVA and amount. Veterans can opt to continue to support the adoption of the ‘‘Vet- TRICARE programs should continue to VA insurance, VGLI, after leaving the erans’ Survivor Benefits Improvement operate in a similar manner, with simi- service, although generally the rates Act of 2001.’’ In doing so, we honor the lar eligibility. This would mean that are not as competitive as commercial memories of our fallen heroes by pro- Medicare-eligible CHAMPVA bene- policies. As of last September, the viding for those loved ones left behind. ficiaries who enroll in Part B of Medi- SGLI premium was $.08 per month per I yield the floor. care would retain secondary $1,000 of coverage, and there was Mr. ROCKEFELLER. Mr. President, I CHAMPVA coverage and receive the 2,307,000 SGLI policies in force. How- am very pleased that the Senate is con- same pharmacy benefit as CHAMPVA ever, there is no VA or DoD sponsored sidering the Veterans’ Survivor Bene- beneficiaries who are under age 65. insurance for the families of these fits Improvements Act of 2001. The failure of Congress to enact pre- servicemembers, who are often over- It is fitting that we will enact this scription drug coverage under Medicare seas, which makes securing U.S. com- bill in time to commemorate Memorial only magnifies the need to enact this mercial insurance difficult. Day, the day we, as a nation, remember CHAMPVA reform. Incredible advances Last year, the Senate passed S. 1810, and pay tribute to the brave members in drug therapy, combined with stag- which would have provided an oppor- of the American military who died to gering inflation in prescription drug tunity to provide similar coverage to ensure our freedom. That is why the costs, have made the need for afford- spouses and children to SGLI-insured theme of the bill is especially appro- able prescription drug coverage abso- servicemembers. The House did not ac- priate. Although not broad in scope, lutely critical. CHAMPVA bene- cept this provision in conference, and H.R. 801 attempts to improve the ways ficiaries who have sacrificed so much it was dropped from the final omnibus in which we relate to the survivors of already should not be forced to forego veterans bill. servicemembers and veterans, the fam- other necessities of life to purchase ilies of those who have sacrificed so needed prescription drugs. This year, the House passed a provi- much for their country. I recently heard from a couple from sion that essentially mirrors last I am enormously pleased that the bill Alderson, WV, who represent a classic year’s Senate provision to allow cov- before us contains my legislation to ex- example of why this legislation is so erage for dependents. Dependents’ cov- tend health care protections to necessary. The husband is a veteran of erage would be automatic unless it is CHAMPVA beneficiaries over the age the Korean war. They wrote to me declined. The amount of coverage for a of 65. when they learned that the wife lost all spouse would be equal to the coverage Last year, Congress finally enacted of her CHAMPVA benefits when she of the insured servicemember, up to a legislation to restore the promise of turned 65. As a result, she was forced to maximum of $100,000. The lives of a providing lifetime health care to mili- pay more than $300 per month for her covered servicemember’s dependent tary retirees, by allowing military re- diabetes and heart medications, in ad- children would be insured for $10,000. tirees to retain coverage through dition to all the other new costs for Premiums are to be set by VA to cover TRICARE, rather than having to shift care not covered by Medicare. With So- the costs of providing the insurance to Medicare at age 65. TRICARE for cial Security and disability compensa- coverage. Life, as it is known, was a great benefit tion as their only income, this couple Section 5 of H.R. 801 also addresses for retirees, but CHAMPVA bene- is struggling to absorb this enormous an apparently small discrepancy that ficiaries were not included in this new new expense in their modest budget. may make a great different in the lives benefit. My bill would relive them of that bur- of some servicemembers’ survivors. In The Civilian Health and Medical Pro- den. Public Law 106–419, Congress increased gram of the Department of Veterans I thank the Gold Star Wives Associa- the maximum coverage for Affairs, CHAMPVA, provides health tion and the Consortium for Citizens servicemembers’ group life insurance care coverage to several categories of with Disabilities for their dedication in from $200,000 to $250,000, but delayed individuals: Dependents of veterans bringing this issue to my attention. We the effective date to the ‘‘first day of who have been rated by VA as having a must never forget that the costs of the first month that begins more than total and permanent disability; sur- military service are borne not by the 120 days after the date of the enact- vivors of veterans who died from VA- servicemember alone, but by their fam- ment of [this] Act.’’ The bill was signed rated service-connected conditions; and ilies as well. by the President on November 1, 2000. survivors of servicemembers who died Section 4 of H.R. 801 addresses a However, between passage of the law in the line of duty. As such, CHAMPVA shortcoming in the current insurance in Congress and the prospective imple- provides a measure of security to a coverage provided to servicemembers, mentation of the increase, the nation group of persons who have undeniably the Servicemembers’ Group Life Insur- has been shocked by several high pro- already sacrificed a great deal for our ance, SGLI. Currently, dependents, file incidents resulting in loss of country. Under current law, CHAMPVA spouses and children, are not eligible servicemembers’ lives, such as the beneficiaries lose their eligibility for for insurance coverage under the tragic bombing of the U.S.S. Cole. coverage when they turn 65 and have to servicemember’s policy and must se- shift to Medicare. cure outside commercial coverage. This provision would make the in- The TRICARE for Life law passed This bill would extend coverage to de- crease retroactive back to October 1, last year specifically allows military pendents, giving great peace of mind to 2000, to cover those servicemembers retirees and their dependents to remain servicemembers with many other wor- who died in the line of duty in the last in the TRICARE program after they ries as they train and prepare for de- several months. There are no costs as- turn age 65, as long as they are en- ployment, and especially when they are sociated with this provision, nor will rolled with Part B of Medicare. sent into harm’s way. there be any increase in premiums to TRICARE will cover those expenses not Servicemembers can elect to partici- the insured. It is simply the right thing covered under Medicare. it also pro- pate in a VA-administered group life to do for our men and women in uni- vides for retail and mail-order pharma- insurance program, SGLI. Government form. ceutical coverage for Medicare-eligible insurance for servicemembers was cre- Finally, section 6 of H.R. 801 would military retirees. ated in 1917 to provide insurance to sol- require VA to expand outreach efforts Title 38, United States Code, reflects diers going off to war, because they to veterans’ dependents and survivors, the view that TRICARE and were unable to purchase commercial by requiring the Secretary of Veterans CHAMPVA should operate in similar life insurance that would cover death Affairs to ensure that the availability ways. However, with the enactment of resulting from an act of war. That need of services and assistance for eligible TRICARE for Life, that linkage was still exists today. dependents is made known through a

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5577 variety of means, including the Inter- come a Republican, I believe, in the imagined. Children are coming to net, announcements in veterans’ publi- 1970s. Senator PHIL GRAMM was a school now with greater problems than cations, and announcements to the Democratic Congressman from Texas they have had in the past, and we are media. who changed his party allegiance and expecting more out of the school in The most recent survey conducted by ran for reelection before he was elected terms of training and education than VA indicated that less than half of the to the Senate as a Republican. Senator we ever did in the past. We have to veterans contacted were aware of cer- BEN NIGHTHORSE CAMPBELL switched make the investment in quality teach- tain benefits they were entitled to re- parties from Democrat to Republican ers and accountability, in safe class- ceive. For survivors of veterans, there and now sits on the Republican side. In rooms, in modern classrooms, and tech- is even a lower level of awareness. Cur- addition, Senator RICHARD SHELBY of nology so our kids have a fighting rently, VA is mandated to perform out- Alabama made the same transition chance to lead America into the 21st reach to servicemembers and veterans, from Democrat to Republican. century. That should be high on our but not to eligible dependents, a Of course, it is different in this cir- list of priorities. spouse, surviving spouse, child, or de- cumstance in a 50/50 Senate. Any In addition to that, the President has pendent parent of a person who served change of party has historic con- asked us to look at questions related to on active duty. sequences. The decision of Senator energy. That is an important issue in It is critical that we reach out to JEFFORDS to organize with the Demo- my home State of Illinois where people these survivors and dependents. They cratic caucus means there will be a have gone from recordbreaking heating should know that VA has many serv- rather substantial change in terms of bills because of the cost of natural gas ices to assist them in the difficult time the leadership of the Senate. to the recordbreaking cost for gasoline following a servicemember’s death and For the last several months, since at the pump. It is important to not in transitioning through that period the election of President Bush, many only find new sources of energy that with insurance, compensation, edu- have given speeches and made state- are environmentally sound and make cation, and health care. ments about the need for bipartisan- certain they are delivered to the people In closing, I urge all my colleagues to ship. Now we will be put to the test if who need them but to also talk about support H.R. 801 as a tribute to our de- we have a Democrat-organized Senate, conservation, a responsibility that is ceased servicemembers, not just on the a Republican House, and, of course, a not only one we have as individuals but day we have selected to honor them, Republican in the White House. Lit- as the Government. We have to do our but on every day throughout the year. erally, the agenda for the country and part as consumers to buy more fuel-ef- Mr. THOMAS. I ask unanimous con- the fate of our country will be in the ficient vehicles. Government has to do sent the amendment be agreed to. hands of bipartisanship. I think we can its part to encourage Detroit to catch The PRESIDING OFFICER. Without rise to that challenge. I hope we will. up with Japan which already has these objection it is so ordered. I have the greatest confidence in the duel-use, duel-energy vehicles on the The amendment (No. 790) was agreed man who will be the Democrat major- street that are in great demand. Unfor- to. ity leader, TOM DASCHLE of South Da- tunately, Detroit has not come up with Mr. THOMAS. I ask unanimous con- kota. I have worked with him for al- an alternative to compete. They sent the bill be read a third time and most 20 years in public life, in both the should. In addition, we have to look at the passed, as amended, the motion to re- House and the Senate. He is not only very talented; he is an honest person, marketplace for energy in America. consider be laid upon the table, and Some people think it is simply a sup- as hard working as any Member of this that any statements relating to the ply-and-demand market. It is hard to Chamber, and his word is good. Presi- bill be printed in the RECORD. imagine there is real competition of dent Bush, as well as Speaker HASTERT, The PRESIDING OFFICER. Without supply and demand when you drive I am sure, will find him to be an excel- objection it is so ordered. around Chicago or Springfield, IL, and The bill (H.R. 801), as amended, was lent person with whom to work. see all of the prices at the gasoline sta- I also hope we can develop a common read the third time and passed. tions going up in lockstep and coming agenda, a bipartisan agenda for the Mr. THOMAS. Thank you, Mr. Presi- down, trickling down, in lockstep to Senate. We have dealt with important dent. believe there is real competition. It is budget and tax matters. There are I suggest the absence of a quorum. hard to find anybody who is selling at other issues that need to be resolved, The PRESIDING OFFICER. The a low price in order to entice con- not just the 13 spending bills that fund clerk will call the roll. sumers. The bill clerk proceeded to call the our Federal Government but important Sadly, despite the high energy prices roll. issues which, frankly, have not re- and the fact some say it is a market Mr. DURBIN. Mr. President, I ask ceived the attention they deserve. One situation, these energy companies are unanimous consent that the order for of those is the Patients’ Bill of Rights, having the highest profits in many the quorum call be rescinded. to make certain the families across years. It is one of the industries that The PRESIDING OFFICER (Mr. America can have peace of mind that can guess wrong for consumer demand ALLARD). Without objection, it is so or- they can go to the best doctors and the and make higher profits. That is some- dered. best hospitals and rely on medical deci- thing that has occurred. f sions being made by medical profes- We also need to address the question sionals rather than by insurance com- CHANGING SENATE LEADERSHIP of the minimum wage for workers pany clerks. Too often, good medical across America. There was a tax bill Mr. DURBIN. Mr. President, this is a decisions are being overridden by those passed yesterday that leaves behind historic day in the Senate. The an- who work for insurance companies who over 70 million Americans who do not nouncement this morning by Senator have a profit motive in mind rather get a reduction in their tax rate, those JIM JEFFORDS of Vermont that he is than the best interests in a person’s at the 15-percent rate, the lowest rate, going to become an Independent and health. I think a Patients’ Bill of and those are the same people in many organize the Senate with the Demo- Rights should be high on our agenda. cases who are working for a minimum cratic caucus means a change in lead- Second, of course, we will move into wage. We have not touched the min- ership in this important institution of the area of education. This is an area imum wage in years in this country. government. It is not the first time we were debating before the tax bill ar- We have in my State over 400,000 peo- that a Member of the Senate has rived, and that most Americans agree ple who go to work every single day at changed political parties. I reflected as is absolutely critical to the future of the minimum wage. If we are serious I came to the floor that there were four our country. We have to make a com- about giving mothers and fathers more Members on the Republican side who mitment in our agenda to public edu- time at home with their kids so they were formerly Democrats at some cation and the education of all children can have some leisure time and an op- point in their career. Senator THUR- across America. The schools of today portunity to work with their kids on MOND was a Democrat from South face extraordinary challenges which education, taking a look at the min- Carolina and made a decision to be- my generation could not have even imum wage is an important element so

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5578 CONGRESSIONAL RECORD — SENATE May 24, 2001 they don’t have to work two or three Mr. HATCH. Mr. President, as you undeniably distinguished career as an obvi- jobs to try to make end’s meet. know, we have been trying to make ously exceptional lawyer with an enormous There is an important agenda ahead sure that the Justice Department has breadth of directly relevant experience. of us. I have touched on only a few its full complement of leaders because I have known Laurence Tribe for a items I hope we will consider. Now that if there is a more important Depart- long time. I have a great deal of re- we have this change in leadership in ment in this Government, I don’t know spect for him. I do not always agree the Senate, it is important we address which one it is. There may be some with him, but one time he asked me to it on a bipartisan basis. It is a unique that would rate equally but that De- review one of his books. Looking back day in the history of the Senate. It is partment does more to help the people on that review, I was a little tough on a unique challenge to all to rise above of this country than any other Depart- Larry Tribe to a degree. But I spent partisanship and put our country first. ment. time reading his latest hornbook just I yield the floor and suggest the ab- One of the most important jobs in this last week, read it through from be- sence of a quorum. that Department is the Solicitor Gen- ginning to end—I think it was some- The PRESIDING OFFICER. The eral’s job. The Solicitor General is the thing like 1,200 pages—it was very dif- clerk will call the roll. attorney for the people. He is the at- ficult reading, and I have to say I came The legislative clerk proceeded to torney for the President. He is the at- away after reading that hornbook with call the roll. torney for the Department. He is the a tremendous respect for the legal ge- Mr. WARNER. Mr. President, I ask attorney who is to argue the constitu- nius of Larry Tribe. unanimous consent that the order for tional issues. He is the attorney who Although I disagree with a number of the quorum call be rescinded. really makes a difference in this coun- his interpretations of constitutional law, there is no doubt about the genius The PRESIDING OFFICER. (Mr. try and who makes the primary argu- and effectiveness of this man, and I BUNNING). Without objection, it is so ments before the Supreme Court of the think it is a tribute to him that he was ordered. United States of America. willing to stand up for Ted Olson and f In addition, he has a huge office with a lot of people working to make sure write it in a letter. Walter Dellinger is the former Clin- RECESS this country legally is on its toes. ton Solicitor General. He is one of the Mr. WARNER. Mr. President, on be- In the case of Ted Olson, I am very great lawyers of this country. He is a half of the majority leader, TRENT pleased that we are able to have this liberal and some thought he was ex- LOTT, I ask unanimous consent that motion up at this time. I am pleased tremely partisan, although I ques- the Senate stand in recess until the that we have colleagues with good tioned that personally, just like I ques- hour of 1 o’clock. faith on the other side who are willing tion those who say Ted Olson is par- There being no objection, at 12 noon, to see that this is brought to a vote tisan. No question that Walter the Senate recessed until 1:02 p.m., and today because we should not hold up Dellinger is a very strong and positive reassembled when called to order by the nomination for the Solicitor Gen- Democrat, a very aggressive Democrat. the Presiding Officer (Mr. BUNNING). eral of the United States of America. But he also is a man of great intel- The PRESIDING OFFICER. In my We have had all kinds of Solicitors General. We have had some who have ligence and integrity. capacity as a Senator from Kentucky, I On February 5, 2001, Mr. Dellinger been very partisan but have been great suggest the absence of a quorum. The said that when Olson served in the Jus- Solicitors General, and we have had clerk will call the roll. tice Department as the head of the Of- some who have hardly been partisan at The legislative clerk proceeded to fice of Legal Counsel, he ‘‘was viewed call the roll. all and have been weak Solicitors Gen- as someone who brought considerable Mr. LOTT. Mr. President, I ask unan- eral. We have had some not very par- integrity to the decisionmaking.’’ imous consent that the order for the tisan at all who have been great Solici- Virtually everybody who worked quorum call be rescinded. tors General. You would have to make with Ted Olson at the Office of Legal The PRESIDING OFFICER. Without an analysis yourself to determine how Counsel—in fact, all that I know of— objection, it is so ordered. your own personal philosophy fits. said he was a man of integrity who f But in terms of some great ones, called them the way he saw them, who there was Archibald Cox, who was EXECUTIVE SESSION abided by the law and did not allow never known for conservative politics. partisan politics to enter into any Mr. LOTT. Mr. President, I ask unan- He was not very partisan by most Re- thinking. There are two offices where imous consent that the Senate proceed publicans’ standards, but he turned out partisan politics could work to the det- in executive session. to be an excellent Solicitor General of riment of our country. The PRESIDING OFFICER. Without the United States. We could go on and One is the Office of Legal Counsel, objection, it is so ordered. on. which he handled with distinction, f But let me just say this, that it is in- with ability, with fairness, in a non- teresting to me that Ted Olson has the NOMINATION OF THEODORE partisan way. The other is the Office of support of some of the leading attor- the Solicitor General, which I assert to BEVRY OLSON, TO BE SOLICITOR neys and law professors in this country GENERAL OF THE UNITED this body he will handle in the same who have the reputation of being ac- nonpartisan way. He will certainly try STATES—MOTION TO DISCHARGE tive Democrats. to do what is constitutionally sound Mr. LOTT. Mr. President, pursuant Let me just mention a few. And I and right. And he will represent the to the provisions of S. Res. 8, I now really respect these gentlemen for Congress of the United States in these move to discharge the Judiciary Com- being willing to come to bat for Ted battles. He may not always agree with mittee of the nomination of Ted Olson, Olson. Laurence Tribe, the attorney for the Congress of the United States when to be Solicitor General of the United former Vice President Gore, in Bush v. we are wrong, but you can at least States. Gore, on March 5, 2001, said: count on him doing what is right and The PRESIDING OFFICER. Under It surely cannot be that anyone who took trying to make the best analysis and the provisions of S. Res. 8, the motion that prevailing view— do what he should. is limited to 4 hours of debate, to be He is referring to Bush v. Gore— Now, Beth Nolan is a former Clinton equally divided between the two lead- and fought for it must on that account be op- White House counsel and Reagan De- ers. posed for the position of Solicitor General. partment of Justice, Office of Legal Mr. LOTT. Mr. President, I note that Because Ted Olson briefed and argued his Counsel attorney. Beth is a consider- the chairman of the Judiciary Com- side of the case with intelligence, with in- able Democrat, and she is someone I re- sight, and with integrity, his advocacy on mittee, Senator HATCH, is here and spect. We have had our differences, but the occasion of the Florida election litiga- ready to proceed. Therefore, I yield the tion, as profoundly as I disagree with him on I have to say that she deserves respect. floor. the merits, counts for me as a plus in this In a September 25, 1987, letter signed The PRESIDING OFFICER. The Sen- context, not as a minus. If we set Bush v. by other Department of Justice law- ator from Utah. Gore aside, what remains in Ted’s case is an yers she had this to say:

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5579 We all hold Mr. Olson in a very high profes- want good government, people who Olson misled or was less than truthful sional and personal regard because we be- want the best of the best in these posi- to the committee anyway. Rather, lieve he made his decisions with integrity tions at the Justice Department, ought they show him to be forthright and after long and hard reflection. We cannot re- to vote for Ted Olson regardless of honorable. call a single instance in which Mr. Olson Although I have not seen any dis- compromised his integrity to serve the expe- their political affiliation, regardless of dience of the Reagan administration. the fact that Ted Olson handled Bush crepancies or inconsistencies in Mr. Olson’s testimony and answers, I have That is high praise coming from Beth v. Gore and won both cases before the tried to respect the concerns of other Nolan, a strong Democrat who has Supreme Court—something that some members of this committee and joined served both in the White House Coun- of my colleagues bitterly resent. They the distinguished ranking Democratic sel’s office and at Justice in the office should vote for him regardless of the member in looking further into this of Legal Counsel. fact that, yes, he has been a strong Re- One of the most esteemed first publican—some think too partisan of a matter and asking further clarifying amendment lawyers in the country, a Republican. But he has a reputation of questions from the Office of the Inde- strong Democrat, one of the men I being a person who calls them as he pendent Counsel. We look into some in- most respect with regard to first sees them, an honest man of integrity. sinuations against Mr. Olson con- amendment interpretations and first This is backed up by these wonderful cerning his involvement with the Ar- amendment constitutional challenges, Democratic leaders at the legal bar, kansas Project and his legal represen- is Floyd Abrams—again, I submit, a Laurence Tribe, Walter Dellinger, Beth tation of David Hale. In order to verify Mr. Olson’s state- liberal Democrat. Nolan, Floyd Abrams, Harold Koh, On March 4, 2001, he had this to say Robert Bennett, just to mention six ments, the committee has had access about Ted Olson: terrifically strong Democrats. If any- to a great volume of materials, includ- I have known Ted since we worked to- body wants to know, they ought to lis- ing all relevant portions of the Sha- gether on a Supreme Court case, Metro ten to people in the other party who heen Report that could be provided by Media v. San Diego, 20 years ago. I have al- have every reason to be partisan on law, letters from key individuals in- ways been impressed with his talent, his per- nominations in some ways, but who are volved with the Arkansas Project, and sonal decency, and his honor. He would serve not allowing partisanship to enter into just yesterday, at Senator LEAHY’s re- with distinction as a Solicitor General. hurting the career or hurting the op- quest, a copy of David Hale’s testimony This is one of the greatest lawyers in portunity of Ted Olson to serve as So- at another trial, and more information the country, a man of distinction him- licitor General. from the Office of Independent Counsel. self who has great judgment, who is a I personally know Ted Olson. I have These together simply confirm Mr. leading trial lawyer in this country. known him for many years. I have seen Olson’s statements and show that there And that is what Floyd Abrams had him courageously take on client after is no need for additional investiga- to say about Ted Olson. client across the ideological spectrum tions. These are all Democrats. How about and do a great job in each case for his Now, I would like to relate some of Harold Koh, former Clinton adminis- clients. This is an exceptional lawyer. my findings in investigating the record tration Assistant Secretary of State. He is one of the exceptional people in and alleged inconsistencies. With re- On February 28, 2001, he had this to our country. He has the capacity and gard to the Arkansas Project, Mr. say: the ability to be a great, and I repeat Olson repeatedly stated that he learned Ted Olson is a lawyer of extremely high great, Solicitor General of the United about the project while he was a mem- professional integrity. In all of my dealings States. He is respected by the Supreme ber of the board of directors and that with him I have seen him display high moral Court before whom he has appeared at he did not know about it prior to his character and a very deep commitment to service on that board. He also consist- unholding the rule of law. least 15 times. And for those who might not remem- ently stated that he learned of the That is high praise from a former ber, he was the attorney for George W. project in 1997. In an early response he Clinton administration high-level em- Bush in Bush v. Gore, and made two ar- stated that he became aware of it in ployee. All of these are Democrats, guments before the Supreme Court, ‘‘1998, I believe.’’ He later clarified that leading Democrats, some partisan both of which he handled with dex- it was in 1997 and has consistently Democrats, but who have found Ted terity, with skill, with decency, and maintained that he learned of the Olson to be a man of honor and integ- with intelligence. project in 1997. Each of the quotations rity. I have to say he deserves this job, he used by Senator LEAHY in his so-called One of the greatest lawyers in the deserves not having people play poli- ‘‘summary of discrepancies’’ confirms country is Robert Bennett, attorney tics with this position. In my opinion, this fact and does not provide, despite for former President Clinton. Robert he will make a great Solicitor General the title of the document, any real dis- Bennett is known by virtually every- of the United States. Let me just dispel crepancies in Mr. Olson’s testimony. body in this body for having been an some of the allegations surrounding Key individuals intimately involved independent counsel himself, and hav- this nomination and explain why I be- with the Arkansas Project have writ- ing done his jobs with distinction. No- lieve further delay is unwarranted. ten letters to the committee con- body doubts he is one of the greatest First, there have been allegations firming Mr. Olson’s account of events. lawyers in this country. Nobody doubts that Mr. Olson has misled the com- These individuals include James Ring that the two Bennett brothers are per- mittee concerning his involvement in Adams, Steven Boynton, Douglas Cox, sonalities about as compelling as you something called the Arkansas Project Terry Eastland, David Henderson, Mi- can find. and his representation of David Hale. chael Horowitz, Wladyslaw Well, Robert Bennett happens to be a Let me say that I listened to my col- Pleszczynski, and R. Emmett Tyrell. Democrat, and a leading Democrat, one leagues on the committee when the From their different positions, each of the great attorneys in this country. Washington Post article first appeared, person corroborates the fact that Mr. And here is what the attorney for and delayed a vote, against my better Olson was not involved with the origi- former President Clinton had to say on judgment actually, until we weighed nation or management of the Arkansas May 15, 2001: the allegations because it was fair to Project. R. Emmett Tyrell, the editor- While I do not have any personal knowl- do so. in-chief of the magazine, stated un- edge as to what role if any Mr. Olson played My colleagues wanted that, they de- equivocally that Mr. Olson’s state- in the Arkansas Project or the full extent of his relationship with the American Spec- served that, and we delayed it so we ments with regard to his involvement tator, what I do know is that Ted Olson is a could weigh those allegations. Then I with the project are ‘‘accurate and truth teller and you can rely on his represen- took several days and extensively re- thus truthful.’’ tations regarding these matters. He is a man viewed the testimony during the hear- Terry Eastland, former publisher of of great personal integrity and credibility ings, his answers to written questions, the American Spectator, conducted a and should be confirmed. and his subsequent letter. I am con- review of the project and stated he I am submitting to this body that vinced that those responses showed no ‘‘found no evidence that Mr. Olson was people of good will, that people who inconsistencies or evidence that Mr. involved in the project’s creation or its

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All of them And if the Shaheen Report was not And I know that Democratic staff have are consistent with his testimony, and sufficient, Senator LEAHY requested a interviewed Mr. Brock. they are not rebutted by any other transcript of David Hale’s testimony at I believe that the extensive and deci- credible evidence. the trial of Jim Guy Tucker and Jim sive record before us shows that Mr. Mr. President, let me summarize for and Susan McDougal, apparently be- Olson has been truthful and forthright my colleagues. We have Mr. Olson’s cause of accounts of that testimony in on all counts. sworn testimony along with the state- Joe Conason and Gene Lyons’ book, The facts and conclusions I have just ments of key players in the project and ‘‘The Hunting of the President.’’ The discussed—that there are no discrep- numerous letters by Democrats and Office of the Independent Counsel has ancies between Ted Olson’s statements Republicans who praise Mr. Olson’s in- graciously made David Hale’s trial and Senator LEAHY’s allegations—beg tegrity and honesty, against the luke- transcript available to the committee the question: What is all this fuss real- warm allegations of one former staffer in response to Senator LEAHY’s May 14, ly about? who has recently backed away from his 2001 letter. A review of the transcript Perhaps it is because some may be- remarks. Even if Mr. Brock’s factual clearly shows further that Mr. Olson’s lieve that Mr. Olson is too partisan to allegations were true, they do not con- testimony was accurate. serve as the Solicitor General. Nothing tradict Mr. Olson’s testimony. In the transcript, David Hale testi- could be further from the truth. Ted Now the second possible allegation fied that Ted Olson was retained to Olson’s career has been as broad as it against Mr. Olson is that, contrary to represent him before a congressional has been deep. Mr. Olson has advocated his testimony, he might have received committee. When asked, ‘‘Who pays for a wide variety of organizations and payment for his representation of Mr. Olson to represent you?’’ Mr. Hale has associated with people of many dif- David Hale. Mr. Olson has repeatedly replied, ‘‘I do.’’ Mr. Hale did not say ferent political ideologies. While it is true that Mr. Olson has answered questions about this rep- that he or anyone on his behalf actu- performed legal work for the conserv- resentation. He testified that he re- ally paid Mr. Olson. ative American Spectator, to focus my- ceived no money for this representa- The transcript of the trial is fully opically on that is to ignore Mr. tion, although he had expected to be consistent with Mr. Olson’s testimony Olson’s distinguished work for many paid. regarding the Hale representation— Then in a letter of May 9, 2001, in re- namely that he never received payment other media organizations including sponse to further questions, he again for the representation, that Mr. Hale the New York Times, the Washington Post, Times-Mirror, the Los Angeles stated that he received no payments intended to pay for these services, and Times, Dow Jones, LA magazine, NBC, for his representation of David Hale. that no one else was responsible for the ABC, CNN, Fox, Time-Warner, He wrote, ‘‘Neither I nor my firm has payments. Mr. Hale also testified that Newsday, Metromedia, the Wall Street been compensated by any other person he first contacted Mr. Olson in 1993 in Journal, and Newsweek. What does this or entity for those services—although I connection with a possible congres- list show about Ted Olson? Is this the am not aware of any legal prohibition sional subpoena, and that Olson did kind of clientele that would seek after against another person or entity mak- represent him in 1995–1996. Mr. Olson a single-issue zealot? No way. This list ing such a payment.’’ He have this re- wrote in his letter (May 9, 2001) that he demonstrates clearly that smart people port and I urge my colleagues to read was ‘‘ultimately engaged by Mr. Hale with a variety of views on public mat- it. I have extra copies of this and other and undertook that representation ters turn to—and trust—Ted Olson. recent material with me, if any col- sometime in late 1995 or early 1996.’’ Similarly, it is possible to pay too league cares to further review it. Thus, with regard to David Hale, much attention to one person’s appar- Now, I have seen no, let me repeat, there is no evidence from any source ent dissonant opinion when there is a no evidence suggesting this testimony that Mr. Olson received payment for chorus of other harmonized voices. is not accurate. Mr. Olson responded to this representation. Mr. Olson’s testi- Now, I have to concede that Ted questions about these issues at his mony, David Hale’s testimony, the Olson’s supporters include a lot of well- hearing and in three sets of written Independent Counsel report, and review known partisans. questions—each time his answers have of the matter by two former federal For example, President Clinton’s been clear and consistent. judges all confirm that Mr. Olson re- lawyer, Bob Bennett, said that ‘‘Ted But you don’t just have to take Mr. ceived no payment for his brief rep- Olson is a truth-teller’’ and he is ‘‘con- Olson’s word for it. His answers are resentation of David Hale. I should also fident that [Ted Olson] will obey and clearly supported by the conclusions note that we send further questions on enforce the law with skill, integrity reached by Mr. Shaheen and reviewed this matter to the Office of the Inde- and impartiality.’’ A similar sentiment independently by two respected retired pendent Counsel, whose responses have was expressed by President Clinton’s federal judges. Under a process jointly been completely consistent with Mr. White House Counsel, Beth Nolan. And approved by the Independent Counsel Olson’s testimony. Vice President Al Gore’s lawyer, Lau- and Attorney General Janet Reno, Mr. Again, let me say that I appreciated rence Tribe, has publically announced Shaheen was appointed to review the and respected the need for members of his support for Ted Olson’s confirma- allegations concerning alleged pay- this committee to satisfy themselves tion as Solicitor General. Floyd ments to David Hale. about the integrity of executive branch Abrams, who has known Ted Olson for In order to get all the facts, Mr. Sha- nominees. That is why I had delayed an 20 years, and who is no right-wing con- heen was given authority to utilize a initial committee vote. The committee spirator, said he has ‘‘always been im- grand jury to compel production of evi- had ample opportunity to verify the pressed with [Ted Olson’s] talent, his dence and testimony. In addition, an- statements of Mr. Olson—no discrep- personal decency and his honor.’’ Presi- other important element of this inde- ancies have appeared, nor is there any dent Clinton’s Assistant Secretary of pendent review process was that the re- credible evidence to refute any part of State for Democracy, Human Rights sults of the investigation were to re- his testimony. and Labor, Harold Koh, called Ted ceive a final review—not by the Inde- We have the statements of individ- Olson ‘‘a lawyer of extremely high pro- pendent Counsel or Attorney General uals involved with the Arkansas fessional integrity.’’ And William Web- Reno—but by two former federal judges project. Staff members of the com- ster said Ted Olson is ‘‘honest and Arlin Adams and Charles Renfrew. At mittee have been able to view the Sha- trustworthy and he has my full trust.’’ the conclusion of their review, they heen report and the trial testimony of These names demonstrate that Ted issued a statement on July 27, 1999, in David Hale. I know that internal infor- Olson’s experience, character and asso- which they concurred with the conclu- mation has been requested from the ciations have a tremendous breadth sions of the Shaheen Report that American Spectator magazine, but I and depth. It is time for this body to do ‘‘many of the allegations, suggestions am concerned that such demands may the right thing and favorably vote to and insinuations regarding the ten- tread on precious first amendment pre- confirm Mr. Olson as the Solicitor Gen- dering and receipt of things of value rogatives of the press that we should eral.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5581 Mr. President, I would also like to The only evidence that appears to itself. This is not even a case revolving make a few more brief comments on have any possible conflict with Mr. on the definition of what ‘‘is’’ is. There Mr. Olson’s nomination to set the Olson’s sworn testimony and the writ- simply is no ‘‘there’’ there. record straight. ten communications of the key players As I have noted before, we are at a First, there has been repeated insinu- in the Arkansas Project comes from period where we need to rebut the ation and accusation that Mr. Olson David Brock, a former writer for the public’s beliefs that we only engage in has misled the committee concerning American Spectator, who in last politics and don’t care about the mer- his involvement with the so-called Ar- Wednesday’s New York Times, ap- its of nominee qualifications. We need kansas Project and his representation peared to tone down his original ac- to gain the public’s trust in our gov- of David Hale. count, saying, ‘‘It was my under- ernment back. I am deeply concerned I, responding to concerns by some standing that all of the pieces dating that what has been happening here Democrats, listened and delayed the back to 1994 that dealt with inves- might appear to be an effort to paint vote May 10 until the committee re- tigating scandals pertaining to the Mr. Olson’s occasional political in- viewed the record and weighted the al- Clintons, particularly those that re- volvement as the entirety of his career legations. lated to his time in Arkansas, were all and character, and as reported in the Since the Washington Post story under the Arkansas Project.’’ He did press, possibly as retribution for the broke, I and my staff have extensively not say that he was sure, or that Mr. man who argued and won the Supreme reviewed Mr. Olson’s testimony during Olson knew about the project. Indeed, Court case in Bush v. Gore. his hearing, his answers to writen ques- on a television program last Thursday Now, I don’t think that that is true. tions, and his subsequent letters. I am evening, Mr. Brock said he had no spe- I know my colleagues and respect their convinced that these responses show no cific recollection about speaking spe- views. But, I hope that we can begin inconsistencies or evidence that Mr. cifically about the Arkansas Project in debating the merits of this nomination Olson misled or was less than truthful the presence of Mr. Olson. and take all of the support and testi- to the committee in any way. Rather Moreover, Mr. Brock apparently sug- mony on this man’s obvious and over- they show him to be forthright and gested to one paper that James Ring whelming qualifications and his high honest. Adams would have a similar view, But integrity into account as we determine In order to verify Mr. Olson’s state- Mr. Adams, one of the lead writers for our votes for his confirmation. ments, the committee has had access the project, wrote the committee that Mr. President, I urge my colleagues to a great volume of materials, includ- ‘‘Mr. Olson had absolutely no role in to judge the record. Judge the man for ing all relevant portions of the Sha- guiding my development of stories for his qualifications and integrity. And I heen Report that could be provided by the magazine or in managing my urge my colleagues to listen to Law- law, letters from key individuals in- work.’’ rence Tribe, to David Boies, to read the volved with the Arkansas Project, and So, we have Mr. Olson’s sworn testi- Shaheen report and responses from the at Senator LEAHY’s request, a copy of mony along with the statements of key Office of the Independent Counsel, to David Hale’s testimony at another players in the project and numerous listen to Robert Bennett—President trial. letters by Democrats and Republicans Clinton’s lawyer, to everyone who has We have had access to more material who praise Mr. Olson’s integrity and worked with and known Ted Olson. I from the Office of the Independent honesty, against the luke-warm allega- urge you to vote to confirm our next Counsel, a number of questions that tions of one former staffer who has re- Solicitor General. Senator LEAHY and I jointly asked that cently backed away from his remarks. Mr. President, let me say a few words office and have received the responses. Even if Mr. Brock’s factual allegations about Mr. Olson’s qualifications. All of these material, and the over- were true, they do not contradict Mr. Ted Olson is one of the most qualified whelming evidence already on the Olson’s testimony. people ever nominated to be Solicitor record, continue to support Mr. Olson’s The other allegation against Mr. General. He has had an impressive 35- veracity and complete candor before Olson is that, contrary to his testi- year career as a lawyer—including four the committee. There are none, nor has mony, he might have received payment years as the Assistant Attorney gen- there been, any specific evidence sup- for his representation of David Hale. eral in charge of the Justice Depart- porting allegations against Mr. Olson. He testified that he received no money ment’s Office of Legal Policy under Key individuals intimately involved for this representation, although he Ronald Reagan. with the Arkansas Project have writ- had expected to be paid. The job of the Solicitor General is to ten letters to the committee con- There is no evidence suggesting this make litigation policy decisions. The firming Mr. Olson’s account of events. testimony is not accurate. Mr. Olson Solicitor General represents the United A host of respected and distinguished responded to questions about these States in all cases before the United lawyers, judges, private and public fig- issues at his hearing and in three sets States Supreme Court, and it is up to ures who have worked with Ted Olson of written questions—each time his an- the Solicitor General to approve all ap- have written in and/or called the com- swers have been clear and consistent. peals taken by the United States from mittee with their support for Mr. His answers are clearly supported by adverse decisions in the lower federal Olson’s nomination and have vouched the conclusions reached by Mr. Sha- courts. It is important to have a skill- for his integrity and candor. These in- heen and reviewed independently by ful and competent advocate in that po- clude the two respected attorney’s who two respected retired federal judges. sition. argued against Mr. Olson in each of the Under a process jointly approved by Ted Olson has argued 15 cases in the two Supreme Court arguments in Bush the Independent Counsel and Attorney U.S. Supreme Court. For most lawyers, v. Gore. General Janet Reno, Mr. Shaheen was a single Supreme Court argument From their different positions, each appointed to review the allegations would be considered the zenith of their person corroborates the fact that Mr. concerning alleged payments to David career. Olson as not involved with the origina- Hale. At the conclusion of their review, Ted Olson has a reputation for con- tion or management of the Arkansas they issued a statement noting ‘‘many sidering all viewpoints before making Project. R. Emmett Tyrell, the editor- of the allegations, suggestions and in- decisions. Walter Dellinger, who served in-chief of the magazine, stated un- sinuations regarding the tendering and as acting Solicitor General under equivocally that Mr. Olson’s state- receipt of things of value were shown President Clinton, told the Washington ments with regard to his involvement to be unsubstantiated or, in some Post that, ‘‘If Ted runs the SG’s office with the project are ‘‘accurate and cases, untrue.’’ I released the redacted the way he ran OLC, he will give def- thus truthful.’’ Terry Eastland, former portion of this Shaheen report which erence to views other than his own in publisher of the American Spectator, relates to Mr. Olson to the public. Read making his final decision.’’ conducted a review of the project and the report and its conclusions—and the Ted Olson’s Supreme Court argu- stated he ‘‘found no evidence that Mr. Independent Counsel’s responses to the ments concerned issues of great impor- Olson was involved in the project’s cre- numerous questions we have sent him tance to our country, including limits ation or its conduct.’’ regarding the report—it speaks for on excessive jury verdicts, the effect of

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5582 CONGRESSIONAL RECORD — SENATE May 24, 2001 statutes of limitations, caps on puni- ing a vote up or down on his nomina- I told Attorney General Ashcroft—in tive damages, the meaning of the Fed- tion. In fact, I say to my friend, the fact, I told him earlier today— we in- eral False Claims Act, racial and gen- distinguished chairman of the Senate tend to move these forward. We are der classifications, and whether tele- Judiciary Committee, that we also moving forward most of the nomina- communications companies must pro- have before us the nominations of Mr. tions in the Department of Justice a vide surveillance capabilities to law Dinh to be head of the Office of Policy lot faster than they were 4 years ago in enforcement agencies. Development of the Justice Depart- the Clinton administration by the In addition to his role representing ment and Mr. Chertoff to be head of the same Senate but under different con- clients, Ted Olson has also worked to Justice Department’s Criminal Divi- trol. reform our civil justice system by writ- sion. I am perfectly agreeable to roll- I hope this may be an indication that ing and speaking on various topics, and call votes on them, too, and will, to no- things will move forward on their mer- he helped advise the government of tify Senators, vote for them as I did in its and not on partisanship. I urge all Ukraine on drafting a new Constitution committee. Of course, that is some- Senators who wish to debate to come in the mid-1990’s. thing that has to be scheduled. to the floor without delay and partici- Ted Olson also has superb academic Mr. HATCH. Will the Senator yield? pate. qualifications. He graduated from the Mr. LEAHY. Yes. After the motion to discharge and Boalt Hall School of Law at the Uni- Mr. HATCH. I, for one, am grateful proceed to the nomination, I expect the versity of California at Berkeley, because they are good people. I missed Senate will proceed to vote promptly where he earned a spot in the pres- what the Senator said. He wants to on the Olson nomination. I know Sen- have a vote? tigious Order of the Coif and was a ator LOTT and Senator DASCHLE have Mr. LEAHY. I want to have a vote on member of the law review. been working toward that goal. I agree all three of these. I realize that is en- I have no doubt that Ted Olson will tirely up to the body. I am perfectly with them on it. prove to be one of the best Solicitor willing to have votes on all three of I will, however, express, as every Generals our country has ever had. them. I point out, with respect to Mr. Senator has a right to express his or Given the extraordinary quality of the Dinh and Mr. Chertoff, I voted for them her feelings towards or against each of people who have held that post, this is in committee, even though, as every- these three nomination nominees, why no small compliment. body knows, they are very conservative I will vote against Ted Olson. With that, I yield the floor and sug- Republicans and were heavily involved The Solicitor General fills a unique gest the absence of quorum. in a congressional investigation of the position in our Government. The Solic- The PRESIDING OFFICER. The former President and of matters in Ar- itor General is not merely another clerk will call the roll. kansas. legal advocate whose mission is to ad- The senior assistant bill clerk pro- Mr. HATCH. If the Senator will yield, vance the narrow interests of a client ceeded to call the roll. I do not mean to keep interrupting, I or merely another advocate of the Mr. HATCH. Mr. President, I ask want to express my gratitude that he is President’s policies. The President has unanimous consent that the order for willing to go head with this and the people appointed on his staff or in his the quorum call be rescinded. Senate can vote on these nominees be- Cabinet to advance his policies. That is The PRESIDING OFFICER (Mr. FITZ- cause I want to get that Justice De- absolutely right. That is the way it GERALD). Without objection, it is so or- partment—and I know the distin- should be. Whoever is President should dered. guished Senator from Vermont does have somebody who can advance his The Senator from Vermont. also—up and running in the fullest positions no matter whether they are Mr. LEAHY. I thank the Chair. Mr. sense we can. That is my only interest partisan or not, and there are positions President, I thank the Senator from in this, other than I do like all three of provided—in fact, hundreds of millions Utah, the chairman of the Judiciary these nominees. I thank my colleague. of dollars’ worth of positions are pro- Committee. Forgive me for interrupting. vided to the President to do that. If I can have the chairman’s atten- Mr. LEAHY. I appreciate the com- The Solicitor General is different. tion just for a moment, I assume we pliment. The Solicitor General is not there to are not looking for specific times and Mr. Dinh and Mr. Chertoff were heav- advance the partisan position of any- speakers on this matter but will go ily involved in what I thought was a body, including somebody who is Presi- back and forth in the usual fashion as misguided investigation, not by them dent. The Solicitor General is there to people arrive. Is that agreeable? but by Members of Congress who con- advance the interests of the United Mr. HATCH. That is agreeable. It is ducted it against former President States of America, of all of us—Repub- my understanding we have 4 hours Clinton and others in Arkansas. How- lican, Democrat, or Independent. equally divided. Mr. President, how ever, I believe they followed the direc- The Solicitor General must use his or much time have I used? tions of Members of Congress, many of her legal skills and judgments to high- The PRESIDING OFFICER. The Sen- whom are no longer here, for a number er purposes on behalf of the laws and ator has used 29 minutes. of reasons. I will vote for them and the rights of all the people of the Mr. LEAHY. Mr. President, for any- urge their confirmation when the time United States. body who wants to speak, following the comes. The Solicitor General does not ad- normal unofficial procedure, as people I mention this because there seems vance a Republican or Democratic or are available, we can go back and to be some in the public, some among Independent position. The Solicitor forth, side to side. what I call the more conservative edi- General advances the positions of the I note that I have no objection to torialists, who think there is going to United States of America. In fact, at proceeding to the motion to discharge be some kind of payback on the Demo- his hearing, Mr. Olson acknowledged— the nomination of Ted Olson to be So- crats’ part for the number of nominees and I will use his words: licitor General. I mention this because who were held up during the Clinton I want Senators to understand. We had The Solicitor General holds a unique posi- administration by the Republican ma- tion in our government in that he has impor- a divided vote in the committee, and jority. I think it makes far more sense tant responsibilities to all three branches of with a divided vote in the committee, to look at nominations one by one on our government. . . . And he is considered an because of the procedures of the Sen- the merits. officer of the Supreme Court in that he regu- ate, I am sure we could have either bot- There is no question if the roles were larly and with scrupulous honesty must tled it up for some time in committee reversed, if somebody of Mr. Dinh’s and present to the Court arguments that are or for some time here. I do not want to Mr. Chertoff’s background had been ap- carefully considered and mindful of the do that. I think there should be a vote pointed by the last administration fol- Court’s role, duty, and limited resources. As one way or the other. We have had too lowing their investigations of Repub- the most consistent advocate before the Su- preme Court, the Solicitor General and the many examples in the past few years of lican Presidents and my understanding lawyers in that office have a special obliga- nominations being bottled up that way. and what I have seen in the last few tion to inform the Court honestly and open- On this one, I have concerns about years, they would have been held up. I ly. The Solicitor General must be an advo- Mr. Olson, but I am agreeable to hav- do not believe in doing that. cate, but he must take special care that the

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5583 positions he advances before the Court are under the questions he was asked, expanded his initial response to admit fairly presented. As Professor Drew Days there is a world of difference between that he and his firm provided legal said to this committee during his confirma- what he did not do and what he did do. services in connection with the matter, tion hearing 8 years ago, the Solicitor Gen- He initially described his role as ex- that he had discussions in social set- eral has a duty towards the Supreme Court tremely limited as a member of the of ‘‘Absolute candor and fair dealing.’’ tings with those working on Arkansas board of directors of the American Project matters, and that he himself Those words of Ted Olson’s are words Spectator Educational Foundation and authored articles for the magazine paid that I totally agree with. He has stated implied that he was involved only after for out of Scaife’s special Arkansas the position of the Solicitor General. the fact, when that board conducted a Project fund. He has stated it accurately. We must financial audit and terminated the Ar- Mr. Olson and his supporters then look at his record to see, having talked kansas Project activities in 1998. began to engage in a word game over the talk, whether he walked the walk. Mr. Olson has modified his answers what the meaning of ‘‘Arkansas The Senate must carefully review over time, his recollection has Project’’ is. His law partner Douglas nominations to the position of Solic- changed, and he has conceded addi- Cox told the Post that Olson testified itor General to ensure the highest lev- tional knowledge and involvement. His that he, ‘‘did not know there was this els of independence and integrity, as initial minimizing of his role appears special fund set up by Scaife to finance well as legal skills. Indeed, the Solic- not to be consistent with the whole this Arkansas fact work.’’ itor General is the only government of- story. Because his responses over time That might have explained Mr. ficial who must be, according to the left significant questions and because Olson’s testimony if he had said that at statute, ‘‘learned in the law.’’ We ap- of press accounts that contradicted the the time he was writing the articles point a lot of people, we confirm a lot minimized role to which he initially and giving legal advice and talking of people, but nothing in the law says admitted, I wanted to work with Sen- about these matters with the staff, he they have to be ‘‘learned in the law,’’ ator HATCH before the Judiciary Com- had been unaware that those conversa- mittee voted on this nomination to but for the Solicitor General it says tions were in connection with what have the committee perform the bipar- that. The Solicitor General must argue came to be known as the Arkansas tisan factual inquiry needed to set with intellectual honesty before the Project. In other words, writing and forth the facts and resolve all ques- Supreme Court and represent the inter- giving legal advice and talking about ests of the Government and the Amer- tions and concerns about Mr. Olson’s answers. it, he didn’t know what it was for. I ican people for the long term, and not think he is far too good a lawyer for just with an eye to short-term political I wanted to have us do the bipartisan fact finding that we always do when that. But that is not what Mr. Olson gain. testified. In fact, he admitted that he The Senate must determine whether such issues come up. Indeed, Senator HATCH postponed one became aware of the Arkansas Project a nominee to the position of Solicitor committee vote on Mr. Olson’s nomina- at least by 1998, and then changed that General understands and is suited to tion on May 10 and admitted that testimony to sometime in 1997. this extraordinary role. ‘‘some legitimate questions’’ have aris- He said he was a member of the board It is with the importance of this posi- en and that ‘‘legitimate issues’’ were that received an audit of the Scaife tion in mind that I approached the involved. He said that after an article funds. So by 2001, his knowledge of the nomination of Ted Olson to serve as in the Washington Post indicated that Arkansas Project and the funding by Solicitor General of the United States. Mr. Olson’s role at American Spectator Scaife was undeniable. From my initial meeting with him in and the activities of the Arkansas Second, evidence uncovered during advance of the April 5, 2001, hearing Project were more than just as a mem- the committee’s limited bipartisan in- and thereafter, I have been assessing ber of the board of directors in 1998 to quiry following the committee vote, this nomination against the respon- which a financial audit was provided. raises serious question about whether sibilities of that important office. My friend from Utah did not agree to Mr. Olson accurately denied any role in At the outset, I raised with Mr. Olson that limited inquiry before the com- the ‘‘origin’’ of the Arkansas Project my concern that his sharp partisanship mittee voted on Mr. Olson’s nomina- by failing to respond correctly to di- over the last several years might not tion, but with the constructive assist- rect questions about a meeting in his be something that he could leave be- ance of the leaders and their staff, we law office held in late December, 1993 hind. After review of his testimony were able to make progress over the when this project was getting orga- both orally and in answers to written last week. nized. Not in 2001 but 1993. questions, I have become doubly con- Let me describe just a few of the dis- Third, Mr. Olson has apparently cerned that Mr. Olson has not shown a crepancies in Mr. Olson’s evolving downplayed his involvement in the de- willingness or ability to be sufficiently statements to this committee. These velopment and direction of Arkansas candid and forthcoming with the Sen- are discrepancies that give me pause. Project stories, perhaps to avoid any ate so that I would have confidence in First, Mr. Olson has minimized his inconsistency with his initial represen- his abilities to carry out the respon- knowledge of the Arkansas Project and tation to the committee that he was sibilities of the Solicitor General and its activities through—well, word not involved in the management of this be the voice of the United States before games and definitional ploys. At the project. the United States Supreme Court. In hearing, I asked him the direct ques- According to a published report in addition, I am concerned about other tion: ‘‘Were you involved in the so- the Washington Post on May 20, 2001, matters in his background. called Arkansas Project at any time?’’ the report to which Senator HATCH re- I will lay out in a much more lengthy Mr. Olson responded by saying what he ferred when he indicated that ‘‘legiti- statement for the RECORD, my con- did not do, and with reference to his mate questions’’ had been raised, David cerns, but let me talk more briefly now membership on the board of directors: Brock told Post reporters that ‘‘Olson about my concerns about Mr. Olson’s As a member of the board of directors of attended a number of dinner meetings candor before the committee about his the American Spectator, I became aware of at the home of R. Emmett Tyrrell, Jr., involvement with the American Spec- that. It has been alleged that I was somehow president and chairman of the Spec- tator and the Arkansas Project. His involved in that so-called project. I was not tator, which were explicitly brain- involved in the project in its origin or its initial responses to my questions at his management. . . . I was on the board of the storming sessions about the Arkansas hearing prompted concern that the American Spectator later on when the alle- Project. committee might not have heard a can- gations about the project were simply that it While Mr. Olson refused to respond to did and complete accounting from Mr. did exist. this allegation, his law partner, Doug- Olson. A carefully crafted answer, like las Cox, who worked on the Spectator Rather than respond directly and say somebody spoiling or somebody maneu- account, conceded that Olson attended all that he did do in connection with vering a kayak through the rocks in a such dinners, but that ‘‘did not mean those matters, Mr. Olson chose to re- whitewater rapids. that he was aware of the scope of the spond by misdirection and say what he Over the past several weeks and sev- Arkansas Project and the Scaife fund- did not do. Frankly, in this case, and eral rounds of questions, Mr. Olson has ing.’’

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5584 CONGRESSIONAL RECORD — SENATE May 24, 2001 David Brock has also indicated that remuneration he has received for his was stonewalled on that request. Mr. Mr. Olson was ‘‘directly involved in the activities on their behalf when he was Olson asserted attorney-client privi- Arkansas Project, participating in dis- first asked. He told us on April 19 that lege; but he did not offer to cooperate cussions about possible stories and ad- he was paid from $500 to $1,000 for his by producing nonprivileged copies of vising the magazine whether to publish articles that appeared in the American those records. one of its most controversial stories, Spectator magazine. Yet, we find out Every lawyer in this place knows about the death of Clinton White House in the Washington Post on May 10 that what is privileged and what is not, deputy counsel Vincent Foster.’’ Ac- his firm was paid over $8,000 for work what falls under attorney-client privi- cording to the account in the Post, Mr. that was used in just one of those arti- lege and what does not. And he did not Olson told Mr. Brock that, ‘‘while he cles. even want to produce those things that didn’t place any stock in the piece, it In addition, the Post reported that clearly fall outside the attorney-client was worth publishing because the role over $14,000 was paid to Mr. Olson’s law privilege. In fact, such nonprivileged of the Spectator was to write Clinton firm and attributed to the Arkansas records have been produced in connec- scandal stories in hopes of ‘shaking Project. tion with other Government inquiries. scandals loose.’ ’’ When he was asked during his hear- Certainly in the last 6 years, docu- That is an interesting position for a ing about an article he had coauthored ments have been produced by the bush- lawyer to take: Print a story you know that was published under the pseu- el to the same Judiciary Committee not to be true, hoping that by printing donym—I want to make sure I get this during other investigations. untruths you will somehow bring for- right—‘‘Solitary, Poor, Nasty, Brutish As part of the bipartisan inquiry un- ward truths. That is not what I was and Short’’ in the magazine he did not dertaken after the committee vote on taught in law school, certainly not in indicate that ‘‘the magazine hired [his] this nomination, we became aware of our legal ethics courses. firm to prepare’’ such materials and to this fact. The independent counsel re- In his response to Senator HATCH, perform legal research on the theo- view and report we were able to read— Mr. Olson did not deny Mr. Brock’s ac- retical criminal exposure of the Presi- that was only a small part of it—indi- count head on. dent and Mrs. Clinton based on press cates that requests were made to Mr. Instead, he wrote that he told Mr. accounts of their conduct. I, for one, Olson and his law firm for billing Brock that the article did not appear thought Mr. Olson had defended his records for any client that had received to be libelous or to raise any legal writings as matters of personal first Scaife foundation grants between 1992 issues that would preclude its publica- amendment political expression, an ab- and 1998 in order to ascertain whether tion, and that he was not going to tell solute right that he and all of us have. there had ‘‘been an indirect method to the editor-in-chief what should appear Certainly, I had no idea from his testi- compensate (the law firm) for its un- in the magazine. mony at his confirmation hearing that paid representation of Hale.’’ That The Washington Post also reported this article was part of his and his would be David Hale. that others said that project story firm’s ongoing legal representation of Just as here, Mr. Olson’s law firm ideas, legal issues involving the stories, American Spectator Educational Foun- initially invoked attorney-client privi- and other directly related matters were dation, that it was a commissioned lege but realized that ultimately they discussed with Mr. Olson by staff mem- piece of legal writing, paid for by a had to give what were nonprivileged bers and at dinner parties of Spectator grant from conservative billionaire billing records for Mr. Olson. And they staff and board members. The reaction Richard Mellon Scaife. showed Mr. Olson’s representation of from Mr. Olson’s supporters was swift. I am now left to wonder whether his both David Hale and the American On May 15, 2001, Chairman HATCH article that was so critical of the At- Spectator. But the independent counsel shared with the committee a letter he torney General and the Justice Depart- was unable to forward those records in obtained from the two men quoted de- ment was as he described them at his response to the bipartisan, joint re- nying the specific words in the Post hearing the ‘‘statements of a private quest for them by Senator HATCH and story but not denying that they talked citizen,’’ or another richly paid for po- myself. to the Post reporters. litical tract. So Senator HATCH and I then sent a In a blatant effort to undermine Mr. Again, he, like all of us, can write joint request to Mr. Olson’s firm re- Brock’s powerful, first hand recollec- any kind of a political tract he wants. questing information about the total tion of Mr. Olson’s participation in and He, like all of us, can make statements amount of fees paid by the American contributions to the activities of the critical of anybody he wants. He can Spectator to the firm. Remember, the Arkansas Project, Mr. Tyrrell also sub- even make outlandish charges. But implication was there really was not mitted a statement that Mr. Brock was let’s be honest about what we have anything there. Today, we were in- not a part of the Arkansas Project. done when testifying under oath before formed that the amount paid was not Mr. Brock, in reply, submitted strong the Judiciary Committee. $500 to $1,000 per article the committee contradictory evidence to the Tyrrell His supporters repeat the mantra was first told by Mr. Olson. Instead, it statement and supplied the committee that even if he was paid with Arkansas was for legal services performed $94,405. with multiple Arkansas Project ex- Project funds, Mr. Olson would not I am not a bookkeeper. I was a mid- pense reports, expense reports, I might have known that. What they leave out dling math student. But like most note, which remain unrefuted and is a necessary qualifier ‘‘at the time he Vermonters, I can count. There is quite which Mr. Brock states, ‘‘clearly show received the payment.’’ By the time he a bit of difference between $500 to $1,000 that I was reimbursed thousands of dol- came to the committee and testified, and $94,405. lars by the Project for travel, office in answer to direct questions, he had Mr. Olson has tried to distance him- supplies, postage, and the like.’’ become privy to the internal audit of self from the most controversial as- Taken as a whole, Mr. Olson was the Arkansas Project. In fact, he says pects of the Arkansas Project in its ac- clearly involved and participating both he became privy to that 3 years ago in tivities to publicize allegations of professionally and socially in the work 1998. That audit and his knowledge as a wrongdoing about the Clintons in Ar- of the American Spectator and its Ar- board member of the extent of the Ar- kansas. Mr. Olson stated that he ‘‘rep- kansas Project. There is absolutely kansas Project that it revealed ren- resented the American Spectator in the nothing illegal about this involvement dered Mr. Olson’s testimony in April, performance of legal services from and participation, which makes me 2001, less than complete. time to time beginning in 1994 * * * wonder, why not be forthcoming and Having now conceded his involve- those legal services were not for the honest about it? But it shows a larger ment in these matters, something he purpose of conducting or assisting in role in these activities than Mr. Olson did not do initially, the question the conduct of investigations of the initially portrayed. arises: How extensive was that involve- Clintons.’’ Mr. Olson also minimized his role in ment as a lawyer? That is why I asked Yet, we find out he was paid over the Arkansas Project and the Amer- at least for production of his firm’s $8,000 to prepare a chart outlining the ican Spectator by failing to give com- billing records for legal services ren- Clintons’ criminal exposure as research plete information about the amount of dered to the American Spectator, but I for a February 1994 article Mr. Olson

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5585 co-authored against the Clintons enti- whether Mr. Olson accurately and fully tator, that he has sought to charac- tled, ‘‘Criminal laws Implicated by the described his role in the American terize it in the most favorable possible Clinton Scandals: A partial list.’’ Spectator and the Arkansas project? light, that he has sought to conclude Finally, Mr. Olson has testified he This nomination is for the office of So- for us rather than provide us with the simply does not recall who contacted licitor General. It is important for two facts and let us conclude how to view him to represent David Hale. reasons, both of which go to the fitness his activities. This is a man who has as sharp a of the nominee to serve as Solicitor As I review the record and the initial mind as just about anybody I have met General. nonresponsiveness, lack of recall, cor- around here, but he does not recall who The principal question raised by the rections when confronted with spe- contacted him to represent David Hale, nomination of Mr. Olson to this par- cifics, I am left to wonder what hap- a central part of this whole inquiry. ticular position—remember, this is a pened to ‘‘absolute candor and fair So when I asked Mr. Olson at his position that is supposed to be non- dealing,’’ the touchstone that Mr. April 5 hearing how he came to rep- political, nonpartisan, representing all Olson himself says is necessary for a resent Mr. Hale he started by saying, Americans of whatever political alle- Solicitor General. In concluding my ‘‘[t]wo of [Hale’s] then lawyers con- giance they have, or whether they have May 4, 2001, letter to Mr. Olson, I tacted me and asked . . .’’ A few sec- none. The question is whether his par- noted: onds later Mr. Olson said: tisanship over the last several years in The credibility of the person appointed to [o]ne of his lawyers contacted me—I can’t connection with so many far-reaching be the Solicitor General is of paramount im- recall the man’s name—and asked whether I anti-Clinton efforts to mark Mr. Olson portance. When arguing in front of the Su- would be available to represent Mr. Hale in preme Court on behalf of the United States connection with that subpoena here in Wash- as a thorough-going partisan who will not be able to check his partisan polit- Government, the Solicitor General is ex- ington, D.C. They felt that they needed pected to come forward with both the Washington counsel with some experience ical instincts at the door to the Office strengths and weaknesses of the case, to in- dealing with a congressional investigation. I of the Solicitor General. form the Court of things it might not other- did agree to do that. Mr. Hale and I met to- Now, the reason I ask that is we have wise know, and to be honest in all his or her gether. another nominee before us, Michael dealings with the Court. I expect that same Even in his May 9 letter, Mr. Olson Chertoff, and we asked some of these responsiveness and cooperation from nomi- asserts that he, ‘‘cannot recall when same questions about Michael Chertoff. nees before this Committee. [he] was first contacted about the pos- In that case, the questions were an- My expectation had been to support sibility of representing Mr. Hale.’’ He swered, the doubts dissipated. Instead him. Please understand, this is not the indicates that he believes, ‘‘that [he] of a 9–9 vote, Mr. Chertoff, had a roll- role of a lawyer advocate in our legal was contacted by a person or persons call vote in committee and it was system. I have been an advocate of the whose identities [he] cannot presently unanimous; Republicans and Demo- court, both at the trial level and at the recall sometime before then regarding crats across the political spectrum appellate level. I have been there both whether I might be willing to represent voted for him. There were Doubts, but for the prosecution and for the defense. Mr. Hale if he needed representation in the questions about Mr. Chertoff dis- In private practice, I was there both for Washington.’’ appeared. But the doubts and questions the plaintiffs and defendants. You fight The Washington Post reported that about Mr. Olson have grown over time. like mad. You make as strong a case David Henderson said that he intro- Had Mr. Olson been straightforward for your client as you can. That is fine. duced Hale to Olson. Interestingly, with the committee, had he conceded The Solicitor General is different. David Henderson apparently signed a the extent of his involvement in anti- The Solicitor General is sometimes re- statement on May 14 indicating that in Clinton activities and given the kinds ferred to as the tenth justice. He is ex- his view he broke no law while imple- of assurances that Mr. Chertoff did pected to tell the Court these are the menting the Arkansas Project. But about his upcoming responsibilities, I strengths of my case, but let me tell what he does not say and what he does could very easily be supporting his con- you also where the weaknesses are of not deny is that he was the person who firmation. my case. If a matter is left out, or introduced David Hale to Mr. Olson. Actually, when I first met with Mr. there might be a weakness in the case, The role that David Henderson Olson, and even at his hearing before he is duty-bound to bring it forward to played in introducing David Hale to we had a chance to go through all of the Court’s knowledge because, if con- Mr. Olson is apparently corroborated his answers and see the areas where by several other witnesses who have firmed, Mr. Olson is not a lawyer advo- they didn’t show consistency, I had spoken to the American Prospect in a cate for just one client because that hoped and expected to be supporting story released today. client is the United States of Amer- It now strikes me as strange that a him. In fact, I remember saying to ica—all 270 million of us. I want to be man as capable as Mr. Olson with his someone in my office at that time that sure that our Nation’s top lawyer will vast abilities of recall could not re- I assumed I would be supporting him. I see the truth and speak the truth fully member the name of David Henderson, expected to be able to give him the to the Supreme Court and represent all if Mr. Henderson was, in fact, involved benefit of the doubt. of our best interests in the matters in setting up that representation. In light of the deference I normally over which the Solicitor General exer- And it strikes me as doubly strange accord a President’s executive branch cises public authority. when the bipartisan inquiry conducted nominees, I fully expected to be voting I have confidence that Mr. Olson is after the committee vote on this nomi- for this nomination, just as I voted for an extremely capable lawyer. Of nation uncovered evidence that Mr. so many by the five previous Presi- course, I do. Do I have confidence that Olson was able to recall who intro- dents, both Republican and Democrat. he can set aside partisanship to thor- duced him to David Hale just a couple In the wake of the hearing, the series oughly and evenhandedly represent the of years ago when he was asked the of supplemental responses we have re- United States of America before the same question. ceived, and the unanswered questions Supreme Court? I do not have such The Hale independent counsel report now in the public record about Mr. confidence, and I cannot vote for him. indicates that in 1998 Mr. Olson could Olson’s involvement in partisan activi- Mr. President, how much time re- supply the name of the person who re- ties like the Arkansas project, I have mains for the Senator from Vermont? ferred David Hale to him for legal rep- many doubts. The PRESIDING OFFICER. There resentation. We also have a question of candor are 76 minutes remaining. It leads one to easily wonder whether and straightforwardness. I have not Mr. LEAHY. Mr. President, the Solic- Mr. Olson’s failure to recall the name, had the sense from his hearing onward itor General fills a unique position in David Henderson, in the year 2001 had that Mr. Olson has been truly forth- our Government. The Solicitor General something to do with him not wanting coming with either me or with the is not merely another legal advocate to indicate the connection to such a committee. My sense is that for some whose mission is to advance the narrow central figure in the Arkansas project. reason he chose from the outset to try interests of a client, or merely another Some would say, what importance is to minimize his role in connection with advocate of his President’s policies. there to this? Does it really matter the activities of the American Spec- The Solicitor General is much more

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5586 CONGRESSIONAL RECORD — SENATE May 24, 2001 than that. The Solicitor General must The choice of Mr. Olson makes this point helps justify the reliance that the Supreme use his or her legal skills and judgment sensationally because his legal accomplish- Court places on the solicitor general: this for higher purposes on behalf of the law ments are so marked by ideology. As a young practice demonstrates that the solicitor gen- and the rights of all the people of the Justice Department official under Ronald eral’s approach to arguing the government Reagan, he made his name as an adamant de- position is likely to be developed with the United States. fender against Democrats in Congress who nation’s long-term interests in mind. At his hearing, Mr. Olson acknowl- were trying to probe a Republican environ- Both views of the role require candor in edged that: mental scandal. He has litigated matters the S. G. That’s why last week the Senate The Solicitor General holds a unique posi- like a major anti-affirmative-action case in Judiciary Committee postponed its vote on tion in our Government in that he has im- Texas, brought by conservative activists to Mr. Olson after reports surfaced that he had portant responsibilities to all three branches overturn liberal precedents. He has served on given misleading testimony, during his con- of our Government. . . . And he is considered the board of the conservative American firmation hearing, about his role in a project an officer of the Supreme Court in that he Spectator magazine, for which he wrote bit- run by The American Spectator to find dam- regularly and with scrupulous honesty must ing, anonymous criticism of Bill and Hillary aging information about the activities of the present to the Court arguments that are Clinton. He has helped lead the Federal Soci- Clintons in Arkansas. The question of mis- carefully considered and mindful of the ety, a conservative legal organization that is leading testimony is reminiscent of a rebuke Court’s role, duty, and limited resources. As now a formidable force in the Bush Adminis- to Mr. Olson by an independent counsel who the most consistent advocate before the Su- tration. Most significantly, he was the win- investigated whether he had lied to Congress preme Court, the Solicitor General and the ning attorney in the Supreme Court case of in testimony during his days as a Reagan de- lawyers in that office have a special obliga- Bush v. Gore. During Mr. Olson’s Senate con- fender. While ‘‘literally true,’’ the counsel tion to inform the Court honestly and open- firmation hearing, Richard Durbin, Demo- stated, that testimony was ‘‘potentially mis- ly. The Solicitor General must be an advo- crat of Illinois, said to him, ‘‘I can’t find any leading.’’ cate, but he must take special care that the parallel in history of anyone who was as ac- Whether he is approved as solicitor general positions he advances before the Court are tively involved in politics as you and went by the full Senate or the Bush administra- fairly presented. As Professor Drew Days on to become solicitor general.’’ tion must choose someone else for the post, said to this committee during his confirma- For the S.G.’s office, the Olson nomination a deeper question endures: Is it now accept- tion hearing 8 years ago, the Solicitor Gen- frames a debate that was sparked during the able to define the job as that of an outright eral has a duty towards the Supreme Court Reagan years and remains undecided. partisan? Or should the S. G. remain an ad- of ‘‘absolute candor and fair dealing.’’ The traditional view holds that the solic- vocate for the nation’s long-term interests Republicans and Democrats have itor general has a unique role in American whose duty to the rule of law goes beyond al- carefully reviewed nominations to the law and functions as ‘‘the 10th justice.’’ Jus- legiance to the political views of the admin- tice Lewis Powell, for example, argued that istration? position of Solicitor General to ensure the S.G. has a ‘‘dual responsibility’’—to rep- the highest levels of independence and resent the president’s administration but Mr. LEAHY. The Senate must deter- integrity, as well as legal skills. In- also to help the Supreme Court develop the mine whether a nominee to the posi- deed, the Solicitor General is the only law in ways that serve the long-term inter- tion of Solicitor General understands government official who must be, ac- ests of the United States. (To some experts, and is suited to this extraordinary role. cording to the statute, ‘‘learned in the the S.G.’s duty to defend federal statutes From Benjamin Bristow in 1870, to Wil- law.’’ The Solicitor General must argue amounts to a third responsibility, to Con- liam Howard Taft and Charles Evans with intellectual honesty before the gress.) Rex Lee, the first solicitor general in Hughes, Jr., from Robert Jackson to Supreme Court and represent the inter- the Reagan administration, was an un- equivocal conservative. Yet he was forced to Archibald Cox, Thurgood Marshall and ests of the Government and the Amer- quit by colleagues who thought he was too Erwin Griswold, we have had extraor- ican people for the long term, and not restrained in his advocacy of the president’s dinary people serve this country as our just with an eye to short-term political social agenda. Famously, he said that it Solicitors General. It is with the im- gain. I ask unanimous consent to have would have been wrong for him to ‘‘press the portance of this position in mind that printed in the RECORD a recent article administration’s policies at every turn and I approached the nomination of Ted by Professor Lincoln Caplan on the announce true conservative principles Olson to serve as Solicitor General of role of the Solicitor General. through the pages of my briefs.’’ He was, he the United States. From my initial stated, ‘‘the solicitor general, not the pam- There being no objection, the mate- meeting with him in advance of the rial was ordered to be printed in the phleteer general.’’ A more recent view is that the S. G. should April 5, 2001, hearing and thereafter, I RECORD, as follows: act as a partisan advocate for policies of the have been assessing this nomination [From the New York Times, May 18, 2001] president, not as the legal conscience of the against the responsibilities of that im- THE PRESIDENT’S LAWYER, AND THE COURT’S government. Rather than defending a posi- portant office. (By Lincoln Caplan) tion of independence within the administra- Initial Concerns. At the outset, I NEW HAVEN.—The job of solicitor general is tion, Mr. Lee’s successor, Charles Fried, told raised with Mr. Olson my concern that one of the most eminent in American law. the Senate that ‘‘it would be peevish and in- appropriate for the solicitor general to be his sharp partisanship over the last Part advocate, the S. G. as he is called, rep- several years might not be something resents the United States before the Su- anything but cheerful’’ while supporting the preme Court, where the federal government views and interests of the president who ap- that he could leave behind. After re- is involved in about two-thirds of all cases pointed him. view of his testimony both orally and decided on the merits (as opposed to proce- The latter outlook is much easier to de- in answers to written questions, I have dural grounds). Part judge, he chooses when fend. The separation of powers among the become doubly concerned that Mr. the government should appeal a case it has three branches of government makes it sim- Olson has not shown a willingness or lost in a lower court, file a friend-of-the- plest to regard the solicitor general as a spokesman for the executive branch: the con- ability to be sufficiently candid and court brief, or defend an act of Congress. forthcoming with the Senate so that I Most S.G.’s have influenced rulings in land- cept of a dual responsibility (or a triple one) mark cases; many have become judges; four confounds the notion of checks and balances. would have confidence in his abilities have risen to the Supreme Court. Yet for Yet for decades the former outlook pre- to carry out the responsibilities of the most of this tiny office’s history since it was vailed, and it is supported in the only official Solicitor General and be the voice of created in 1870, the S.G. drew little public or statement about the S. G.’s role, issued in the United States before the United even scholarly attention. 1977 by the Justice Department. The Su- States Supreme Court. In addition, I Today, however, the nomination of Theo- preme Court has bestowed on the solicitor am concerned about other matters in dore Olson to be S.G. is headline news, as is general a special status—seeking the S. G.’s evident from the attention to the Senate Ju- advice in many cases where the government his background. diciary Committee’s 9-9 vote on it yesterday, isn’t even a party. And the S. G. has recip- I will detail below the source of my a split along party lines. In the past 40 years, rocated by fulfilling a special role in court. concerns about Mr. Olson’s candor be- the courts have become forums for resolving If a private lawyer wins a case he thinks he fore the Committee about his involve- social questions, and the docket of the Su- should have lost, he accepts his victory in ju- ment with the American Spectator and preme Court has become defined by the most dicious silence. But when the solicitor gen- the ‘‘Arkansas Project.’’ His initial re- divisive issues. During the past 15 years, es- eral prevails on grounds that he considers sponses to my questions at his hearing pecially, as the line between law and politics unjust (for example, when evidence sup- prompted concern that the Committee has been increasingly hard to draw, the porting a criminal verdict is slight), he may choice of a solicitor general has become ‘‘confess error’’ and recommend that the Su- might not have heard a candid and more important politically than that of any preme Court overturn the decision. To Archi- complete accounting from Mr. Olson. legal figure except for the attorney general bald Cox, one of the country’s admired S. Rather than respond directly and say or a Supreme Court justice. G.’s, surrendering victory in some cases all that he did do in connection with

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5587 those matters, Mr. Olson chose to re- Committee Vote. Rather than pro- Emmett Tyrrell, as President and spond by misdirection and say what he ceed in a bipartisan way to establish Chairman of the American Spectator did not do. He initially described his the factual record needed to evaluate Educational Foundation, stating the role as extremely limited as a member Mr. Olson’s characterization of his ac- ‘‘[t]his grant is in response to Ron of the Board of Directors of the Amer- tivities, Senator HATCH rejected even Burr’s October 13, 1993 letter and var- ican Spectator Educational Foundation an inquiry of limited duration that ious conversations with us.’’ In addi- and implied that he was involved only would have involved jointly inter- tion, Mr. Burr was the person to whom after the fact, when that Board con- viewing seven individuals, who had al- Mr. Olson sent his February 18, 1994 let- ducted a financial audit and termi- ready been quoted or referred to by the ter confirming the terms of his rep- nated the ‘‘Arkansas Project’’ activi- press, with contemporaneous knowl- resentation of the American Spectator ties in 1998. edge from the time in question, and and his January 30, 1996 letter con- Need for Committee Inquiry. Mr. gathering relevant background docu- firming his acceptance of a member- Olson has modified his answers over ments, which had also been referred to ship on the board of the American time, his recollection has changed, and in the press. He pressed forward with a Spectator Educational Foundation. Un- he has conceded additional knowledge vote in Committee on this nomination fortunately, Committee staff were un- and involvement. His initial mini- that resulted in a 9–9 tie vote. able to speak to Mr. Burr, despite his mizing of his role appears not be con- While usually a nomination on such a willingness to do so because the Amer- sistent with the whole story. Because vote would not be reported to the Sen- ican Spectator refused to release him his responses over time left significant ate, circumstances have changed that from the confidentiality provision in questions and because of press ac- prompt me to give my consent for Mr. his severance agreement for purposes counts that contradicted the mini- Olson’s nomination to be considered. of Mr. Burr’s cooperation with the mized role to which he initially admit- With the constructive assistance of Committee’s inquiry. ted, I wanted to work with Senator both Leaders and their staffs, we were Contradictions and Discrepancies. HATCH before the Judiciary Committee able over the past week to conduct a Let me describe just a few of the dis- voted on this nomination to have the limited, bipartisan inquiry on the mat- crepancies in Mr. Olson’s evolving Committee perform the bipartisan fac- ters of concern raised by Mr. Olson’s statements to this Committee. These tual inquiry needed to set forth the responses to the Committee. are discrepancies that give me pause. facts and resolve all questions and con- Limited Bipartisan Inquiry: Fol- First, Mr. Olson has minimized his cerns about Mr. Olson’s answers. lowing the 9–9 vote on this nomination knowledge of the ‘‘Arkansas Project’’ Indeed, Senator HATCH postponed one in the Judiciary Committee on May 17, and its activities through word games Committee vote on Mr. Olson’s nomi- 2001, Senator HATCH and I released a and definitional ploys. At the hearing, nation on May 10 and admitted that joint statement the next day indi- I asked him the direct question: ‘‘Were ‘‘some legitimate questions’’ have aris- cating that we were discussing how to you involved in the so-called Arkansas en and that ‘‘legitimate issues’’ were move forward on the nomination and Project at any time?’’ Mr. Olson re- involved. He said that after a May 10 to address specific concerns that Mem- sponded by saying what he did not do, article in the Washington Post indi- bers might have prior to the confirma- and with reference to his membership cated that Mr. Olson’s role at Amer- tion vote. As part of this inquiry, Com- on the Board of Directors: ‘‘As a mem- ican Spectator and the activities of the mittee staff reviewed, on a bipartisan ber of the board of directors of the ‘‘Arkansas Project’’ were more than basis, a heavily-redacted version of the American Spectator, I became aware of just as a member of the Board of Direc- report of the Office of Special Review that. It has been alleged that I was tors in 1998 to which a financial audit (OSR), prepared by Michael Shaheen somehow involved in that so-called was provided. and May 21, 2001 responses by Inde- project. I was not involved in the When I did not hear from Senator pendent Counsel Robert W. Ray, in- project in its origin or its manage- HATCH about how he wished to proceed cluding to questions posed jointly by ment. . . . I was on the board of the to resolve those legitimate questions, I Senators HATCH and me. One of these American Spectator later on when the sent him a letter on May 12 proposing letters is in response to a query from allegations about the project were sim- a course of action to avoid any undue Senator HATCH sent unilaterally and ply that it did exist.’’ (Tr. at pp. 200– delay. After I spend my proposal, Sen- without notice to me. On May 22, Sen- 01). ator HATCH and I talked about it. He ator HATCH and I jointly released for Why is there reason to suspect that said he would be getting back to me review by all the members of the Sen- Mr. Olson’s role was not limited to and I held out hope that we would be ate the two May 21 letters received that of a Member of the Board to which able to proceed in a fair and bipartisan from Mr. Ray and the redacted OSR re- a financial audit was provided in 1998? way to get to the facts and let all port—with additional redactions to re- A good deal of the basis is provided by Members of the Committee make their move the names of specific individuals subsequent answers provided by Mr. own assessment before they voted upon other than the nominee. Olson himself. In April, 2001, his testi- the nomination. In addition, Senator HATCH released mony was initially that he was not in- Instead, Senator HATCH was appar- a May 22 letter to colleagues that in- volved, except as a Member of the ently just waiting for a letter from Mr. cluded 71-pages of American Spectator- Board. Over the past several weeks and Olson, which arrived accompanied by related records, which were anony- several rounds of questions, Mr. Olson short, solicited statements from a few mously delivered to my Judiciary Com- has expanded his initial response to selected supporters so that he could mittee and which shed light on how the admit that he and his firm provided unilaterally declare the matter closed. ‘‘Arkansas Project’’ came about. I legal services in connection with the None of these statements could serve should note that within minutes of dis- matter, that he had discussions in ‘‘so- as a substitute for the Committee covery of these documents, copies were cial’’ settings with those working on doing its job, and, instead of playing made and delivered to Senator HATCH’s ‘‘Arkansas Project’’ matters, and that catch-up to the press, exercising the Judiciary Committee office. he himself authored articles for the due diligence that the American people Finally, the Committee staff made magazine paid for out of Scaife’s spe- expect from the Judiciary Committee efforts to conduct an interview of Ron- cial ‘‘Arkansas Project’’ fund. in our review of a nominee for a posi- ald Burr, the former publisher of the Compare, for example, Mr. Olson’s tion sometimes called the ‘‘Tenth Su- American Spectator and a key witness initial response with his subsequent re- preme Court Justice.’’ In essence, the to the events in question. In fact, Mr. sponses in which he modified his origi- question I wished to examine was Burr was the person at the magazine nal answer. In his May 9, 2001 letter to whether Mr. Olson fully informed the instrumental in obtaining the grant me, he stated: ‘‘First, I will address Committee in response to direct ques- funds from conservative billionaire again your questions concerning my in- tions about his role in the American Richard Mellon Scaife. Among the volvement in the ‘Arkansas Project.’ Spectator and the ‘‘Arkansas Project.’’ anonymous-source documents released My only involvement in what has been This was never a question of whether by Senator HATCH is a December 2, 1993 characterized as the ‘Arkansas Project’ there was illegal conduct. letter from Richard M. Scaife to R. was in connection with my service to

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5588 CONGRESSIONAL RECORD — SENATE May 24, 2001 the Foundation as a lawyer and mem- which apparently requires knowledge strong support.’’ So, according to Mr. ber of its Board of Directors.’’ [Under- of the Scaife funding source, rather Eastland, Mr. Olson had a much more lining added for emphasis.] Mr. Olson than the broader use of the term to de- extensive role in deciding how the initially left out any reference to his scribe the general activities of Clinton American Spectator would ‘‘resolve’’ role a lawyer. scandal mongering underway at the the dispute, contributed to the decision Mr. Olson and his supporters then American Spectator from 1993 through to conduct a review and played a began to engage in a word game over 1998, his involvement was more than he strong supportive role in the review. what the meaning of ‘‘Arkansas described. On Friday, May 11, 2001, the If Mr. Olson is now taking credit for Project’’ is. His law partner Douglas New York Times reported that Mr. finding out about the ‘‘Arkansas Cox told the Post that Olson testified Olson said that when he joined the Project’’ and for shutting it down, as that he, ‘‘did not know there was this Board of Directors of the American reported by the New York Times on special fund set up by Scaife to finance Spectator the ‘‘Arkansas Project’’ was May 11, 2001, that would be a modifica- this Arkansas fact work.’’ That might underway and that when he found out tion of those responses and his initial have explained Mr. Olson’s testimony if about it, he helped shut it down. In response that he was not involved in he had said that at the time he was fact, Mr. Olson’s testimony to the the project, ‘‘in its origin or its man- writing the articles and giving legal Committee was that he was on the agement,’’ to his later formulation advice and talking about these matters Board, ‘‘when the allegations about the that he did, ‘‘not recall giving any ad- with the staff, he had been unaware project were simply that it did exist. vice concerning the conduct of the that those conversations were in con- The publisher at the time, under the ‘Project’ or its origins or manage- nection with what came to be known as supervision of the board of directors, ment,’’ to his later formulation that he the ‘‘Arkansas Project.’’ But that is hired a major independent accounting was not involved in its, ‘‘inception, or- not what Mr. Olson testified. In fact, firm to conduct an audit to report to ganization or ongoing supervision,’’ or he admitted that he became aware of the publisher and therefore to the alternatively, that his, ‘‘only involve- the ‘‘Arkansas Project’’ at least by board of directors with respect to how ment in what has been characterized as 1998, and then changed that testimony that money was funded. . . . As a result the ‘Arkansas Project’ was in connec- to sometime in 1997. He said he was a of that investigation, the magazine, tion with my service to the Foundation Member of the Board that received an while it felt it had the right to conduct as a lawyer and member of its Board of audit of the Scaife funds. So by 2001, those kind of investigations, decided Directors.’’ his knowledge of the ‘‘Arkansas that it was not in the best interest of Of course, there is much left unsaid Project’’ and the funding by Scaife was the magazine to do so. It ended the by Mr. Eastland on this and other top- undeniable. ics. For example, he does not indicate On this particular definitional point, project. It established rules to restrict how he came to be the publisher of the Mr. Olson has minimized his role in that kind of activity in the future. American Spectator and replaced Ron- and his knowledge of how the Scaife . . .’’ In a subsequent written response, Mr. ald Burr in November 1997 or whether money was spent by the Foundation, Olson wrote: ‘‘Neither the report by Mr. Olson had a role in his recruitment even though he was on the board. It strains credulity that he did not know Mr. [Terry] Eastland nor the Board or in that action of replacing the pub- given the size of the Scaife grants—es- found anything unlawful about the lisher. In this regard, Mr. Olson did not pecially when another board member manner in which funds had been spent, indicate to the Committee in his sub- has described briefings to the board on which as I recall, had all been for the mitted responses to our questionnaire the Arkansas Project and its financing purpose of investigating and reporting that he had been an officer at the as ‘‘routine.’’ [Peter Hannaford, Wash- information of legitimate public inter- American Spectator Educational Foun- ington Post, May 15, 2001]. Moreover, est regarding a high level public offi- dation. In written follow up questions, board minutes for a meeting on May 19, cial. However, because of the con- I drew his attention to passages in The 1997, which were included in the anony- troversy surrounding the matter, and Hunting of the President (Id.) in which mous-source documents released by issues regarding whether the journal- the authors of that published work in- Senator HATCH on May 22, indicate istic products that resulted had been dicate that Mr. Olson was named an of- that the board—at least at that meet- worth the amount spent, the project ficer of the organization on October ing—discussed a number of financial was ended and the Board adopted new 1997. Mr. Olson’s response is uncertain matters, such as the foundation’s eq- guidelines to govern investigative jour- and equivocal indicating that he had a, uity holdings, operating reserves, em- nalistic efforts in the future.’’ ‘‘vague recollection that [he] served as ployment contracts, and commitments The letter is interesting on these a temporary secretary for the purpose from the Scaife Foundation. (Doc. pp. points, but only adds to the questions of that meeting, and perhaps a subse- 44–46). rather than resolving what in fact hap- quent one, something that I did not re- This is certainly not the first occa- pened. Mr. Eastland adds another per- call at the time I answered the initial sion that Mr. Olson has played this spective and indicates a much more ac- written questions.’’ word game. Independent Counsel Rob- tive role for Mr. Olson than had pre- Second, evidence uncovered during ert W. Ray notes in response to a re- viously been acknowledged in represen- the Committee’s limited bipartisan in- quest from Senator HATCH, that in a tations to the Committee. Mr. East- quiry following the Committee vote, memoranda of interview, Mr. Olson ac- land writes that in June, 1997, disagree- raises serious question about whether knowledged that ‘‘he may have been ments arose between the magazine’s Mr. Olson accurately denied any role in asked questions by [names redacted] ‘‘then publisher’’ and Richard Larry, the ‘‘origin’’ of the ‘‘Arkansas Project’’ about things that they were doing in the executive director of the Scaife by failing to respond correctly to di- Arkansas, but Olson did not know any- foundations. rect questions about a meeting in his thing about the ‘‘Arkansas Project’’ Mr. Eastland continues: ‘‘At that law office held in late December, 1993 and ‘‘he was not involved in the direc- time, Mr. Tyrrell, who was also chair- when this project was getting orga- tion of funding of that project.’’ Mr. man of the board, asked Mr. Olson, a nized. Olson was precise in his denial of board member since 1996, for his assist- The anonymous-source documents re- knowledge and involvement to refer to ance in resolving the dispute.’’ This leased by Senator HATCH reveal that the term ‘‘Arkansas Project.’’ One role has never previously been ac- following requests by the American unnamed person interviewed by the knowledged by Mr. Olson or Mr. Spectator as early as October 13, 1993, OSR investigation stated, however, Tyrrell. Mr. Eastland then asserts that Richard M. Scaife on December 2, 1993 that ‘‘the ‘Arkansas Project’ was not a ‘‘Mr. Olson agreed that a review of the ‘‘approved a new grant to The Amer- term used by [name redacted] or any- project was necessary.’’ He continues: ican Spectator Educational Founda- one else at the American Spectator to ‘‘Throughout my review, which in- tion, Inc.’’ and forwarded the first in- his knowledge.’’ (May 21 Ray Letter, n. cluded an accounting of the monies stallment of the grant. (Doc. p. 19). 2). spent on the project as well as an ex- Thus, by late December 1993, the Scaife But even accepting Mr. Olson’s strict amination of its management, meth- funding was in place at the American definition of the ‘‘Arkansas Project,’’ ods, and results, I had Mr. Olson’s Spectator to support the activities

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5589 that would come to be called the ‘‘Ar- ject of this meeting was Bill and Hil- the report to which Senator HATCH re- kansas Project.’’ lary Clinton and the need for the Spec- ferred when he indicated that ‘‘legiti- With the Scaife funding secured, the tator to investigate and report on nu- mate questions’’ had been raised, David OSR Report confirms that Mr. Olson merous alleged Clinton scandals.’’ (Em- Brock told Post reporters that ‘‘Olson met in his office in late December 1993 phasis supplied). attended a number of dinner meetings with people associated with the Amer- Having seen the OSR Report and a at the home of R. Emmett Tyrrell, Jr., ican Spectator—Ronald Burr, maybe statement submitted by Michael Horo- president and chairman of the Spec- David Henderson, Stephen Boynton and witz, I am led to wonder whether the tator, which were explicitly ‘brain- David Hale. (OSR Report, pp. 78, 82, 90; account of a late 1993 or early 1994 storming’ sessions about the Arkansas May 21, Joint Q. 5). ‘‘[A]t least seven meeting in the Washington law office Project.’’ While Mr. Olson refused to individuals were identified as having of Gibson, Dunn & Crutcher attended respond to this allegation, his law part- possibly been in attendance.’’ (Id.) Mr. by David Henderson, Steve Boynton, ner, Douglas Cox, who worked on the Olson recalled this meeting in 1998 dur- John Mintz, Ronald Burr, Ted Olson Spectator account, conceded that ing the OSR investigation, stating that and Michael Horowitz in The Hunting Olson attended such dinners, but that ‘‘in approximately December 1993’’ he of the President (J. Conason & G. ‘‘did not mean that he was aware of the hosted a meeting in his office, that the Lyons, 2000) is more accurate than we scope of the ‘Arkansas Project’ and the meeting was ‘‘about the possibility have been led to believe by Mr. Olson. Scaife funding.’’ that he provide counsel to the maga- At his hearing, I had asked Mr. Olson David Brock has also indicated that zine,’’ that David Hale attended this whether there had been any meetings Mr. Olson was ‘‘directly involved in the meeting, and that ‘‘the participants of the ‘‘Arkansas project’’ in his office Arkansas Project, participating in dis- may have discussed Hale’s need for a and he responded without reservation: cussions about possible stories and ad- ‘Washington lawyer’ to represent him ‘‘No, there were none.’’ vising the magazine whether to publish if he was called to testify before any I followed up with a written question one of its most controversial stories, congressional committees.’’ (OSR Re- asking in particular about the time about the death of Clinton White House port, pp. 28, 78). frame of 1993 and 1994, and Mr. Olson deputy counsel Vincent Foster.’’ Wash- While the description of what discus- answered that he was, ‘‘not aware of ington Post, May 11, 2001. According to sions may have taken place at this any meeting organizing, planning or the account in the Post, Mr. Olson told meeting is ‘‘incomplete and incon- implementing the ‘Arkansas Project’ Mr. Brock that, ‘‘while he didn’t place sistent’’ with ‘‘inconsistencies not re- in my law firm in 1993 or 1994.’’ I then any stock in the piece, it was worth solved by the Shaheen investigation’’ followed up by drawing his attention to publishing because the role of the (May 21 Ray Response to Joint Q. 5), a passage out of The Hunting of the Spectator was to write Clinton scandal the OSR report contains the following President (Id.) in which the authors of stories in hopes of ‘shaking scandals descriptions from other participants in that book wrote that a meeting did loose.’ ’’ In his response to Senator the meeting: ‘‘while Hale may have take place at which the topic was using HATCH, Mr. Olson did not deny Mr. been a topic of conversation during Scaife funds and the American Spec- Brock’s account head on. Instead, he this meeting, no one requested Olson to tator to, ‘‘mount a series of probes into wrote that he told Mr. Brock that the represent Hale’’ (p. 82); ‘‘[Redacted] re- the Clintons and their alleged crimes article did not appear to be libelous or called meeting with attorneys Theo- in Arkansas.’’ in response to that writ- to raise any legal issues that would dore Olson and [redacted] to discuss ten question, Mr. Olson was less asser- preclude its publication, and that he the representation of David Hale, . . .’’ tive and categorical. He did not deny was not going to tell the editor-in-chief (P. 90). Mr. Ray has identified these that a meeting took place but disputed what should appear in the magazine. references likely to be to the same De- the characterization of the topic of the The Washington Post also reported cember 1993 meeting. (May 21 Ray Re- meeting. Hedging his testimony, he that both R. Emmett Tyrrell and sponse to Joint Qs. 5, 7, 9). noted that he did, ‘‘not recall the meet- Wladyslaw Pleszczynski said that In addition to these limited descrip- ing described.’’ project story ideas, legal issues involv- tions in the OSR Report, Independent With respect to Mr. Olson’s initial ing the stories, and other directly re- Counsel Ray reviewed the underlying categorical denial of meeting at Gibson lated matters were discussed with Mr. memoranda of interviews of three par- Dunn’s offices, in response to another Olson by staff members and at dinner ticipants in the December 1993 meeting written follow up question derived parties of Spectator staff and board in Mr. Olson’s office and summarized from a passage in The Hunting of the members. The reaction from Mr. their statements in a May 21 letter re- President (Id.), I asked whether there Olson’s supporters was swift. On May sponding to a question sent unilater- had, in fact been meetings not only in 15, 2001, Senator HATCH shared with us ally by Senator HATCH. According to 1993 and 1994 but also in July 1997 at a letter he obtained from Messrs. Mr. Ray, whose cooperation during this the offices of Mr. Olson’s law firm to Tyrrell and Pleszczynski denying the bipartisan inquiry has been exemplary discuss allegations that money for the specific words in the Post story but not and helpful, Mr. Olson admitted that at ‘‘Arkansas Project’’ had been denying that they talked to the Post this meeting David Hale’s need for misallocated. Confronted with the spe- reporters. Indeed, the Post story counsel was discussed and that this cific reference to the public record, Mr. quotes Mr. Tyrrell, a quote he does not meeting was ‘‘the commencement of Olson modified his earlier categorical disavow, as saying he did not recall, [my] relationship with the American denial by conceding: ‘‘I do recall meet- but it was a possibility that he talked Spectator magazine’’ but he declined to ings, which I now realize must have to Ted Olson about the stories about describe the substance of that discus- been in the summer of 1997 in my office the Clintons. ‘‘I would say it was a pos- sion, claiming the attorney/client regarding allegations regarding what sibility, just as it was a possibility privilege.’’ (Id., p. 2). It is difficult to became known as the ‘Arkansas that Roosevelt would have discussed see, however, how the meeting could be Project’ and questions concerning Pearl Harbor on December 8 with his covered by attorney/client privilege whether expenditures involved in that secretary of state.’’ Tyrrell and when David Hale, who had no formal project had been properly docu- Pleszczynski also say that Mr. Olson’s affiliation with the Spectator, was mented.’’ carefully worded disclaimer was tech- present. Third, Mr. Olson has apparently nically accurate as far as it went. One unnamed participant confirms down-played his involvement in the de- In a blatant effort to undermine Mr. part of Mr. Olson’s recollection, stat- velopment and direction of ‘‘Arkansas Brock’s powerful, first-hand recollec- ing, ‘‘the purpose of the meeting was to Project’’ stories, perhaps to avoid any tion of Mr. Olson’s participation in and get Olson to represent Hale.’’ Another inconsistency with his initial represen- contributions to the activities of the unnamed participant appears to con- tation to the Committee that he was ‘‘Arkansas Project,’’ Mr. Tyrrell also firm the other part of Mr. Olson’s not involved in the management of this submitted a statement that Mr. Brock recollection regarding the second pur- project. was not a part of the ‘‘Arkansas pose of the meeting about American Yet, according to a published report Project.’’ Mr. Brock, in reply, sub- Spectator activities, stating: ‘‘The sub- in the Washington Post on May 10, 2001, mitted strong contradictory evidence

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5590 CONGRESSIONAL RECORD — SENATE May 24, 2001 to the Tyrrell statement and supplied magazine he did not indicate that ‘‘the have been produced in connection with the committee with multiple Arkansas magazine hired [his] firm to prepare’’ other government inquiries. Project expense reports which remain such materials and to perform legal re- As part of the bipartisan inquiry un- unrefuted and which Mr. Brock states, search on the theoretical criminal ex- dertaken after the Committee vote on ‘‘clearly show that I was reimbursed posure of the President and Mrs. Clin- this nomination, we became aware of thousands of dollars by the Project for ton based on press accounts of their this fact. The May 28, 1999 transmittal travel, office supplies, postage, and the conduct. I, for one, thought Mr. Olson letter for the December 9, 1998 OSR Re- like.’’ had defended his writings as matters of port indicates that request were made Over the course of the past few personal First Amendment political ex- to Mr. Olson and his law firm, Bigson weeks, Mr. Olson has downplayed any pression. I had no idea from his testi- Dunn & Crutcher (GD&C) for billing significance of discussions in social mony at his confirmation hearing that records for any client that had received settings about the stories that were the this article was part of his and his Scaife foundation grants between 1992– product of the ‘‘Arkansas Project.’’ In firm’s ongoing legal representation of 1998 in order to ascertain whether there his May 9, 2001, letter, Mr. Olson ac- American Spectator Educational Foun- had ‘‘been an indirect method to com- knowledged: ‘‘Your previous questions dation, that it was a commissioned pensate GD&C for its unpaid represen- asked about contacts that I may have piece of legal writing, paid for by a tation of Hale.’’ Just as here, GD&C had with people involved in the project. grant from conservative billionaire initially invoked attorney-client privi- My answer was and is that I had deal- Richard Mellon Scaife. I am now left to lege but ultimately non-privileged bill- ings with the editors of the magazine wonder whether his article that was so ing records for Mr. Olson’s and GD&C’s and some of its reporters and staff, critical of the Attorney General and representation of both David Hale and some social, some in connection with the Justice Department was as he de- the American Spectator were produced. (May 21 Ray Response to Joint A. 1). legal work. This was during a time scribed them at his hearing the ‘‘state- However, the independent counsel was when those persons were involved in ments of a private citizen,’’ or another unable to forward those records in re- one form or another with the investiga- richly paid for political tract. sponse to the bipartisan, joint request tive journalistic efforts which the mag- Mr. Tyrrell and Mr. Pleszcynski do for them from Senator HATCH and my- azine was contemporaneously pursuing. not deny that Mr. Olson was paid for the chart speculating on the Clintons’ self. I was, of course, aware, along with the Accordingly, Senator HATCH and I potential criminal exposure. Instead, public generally, that the magazine then sent a joint request to Mr. Olson’s they merely repeat the mantra that was writing articles about the Clin- firm requesting information about the even if he was paid with ‘‘Arkansas tons, but I did not know that there was total amount of fees paid by the Amer- Project’’ funds, Mr. Olson would not a special source of funding for these ef- ican Spectator to the firm. On May 24, have known that. What they leave out forts.’’ Mr. Cox informed us by letter that the is a necessary qualifier, ‘‘at the time In his May 14, 2001, letter to Senator amount paid over the course of five and he received the payment.’’ They and HATCH, he writes: ‘‘It was also true one-half years for legal services per- Mr. Olson became privy to the internal that in social settings, the magazine’s formed is $94,405. That is a far different editorial staff and writers spoke of the audit of the ‘‘Arkansas Project’’ by number than the $500 to $1,000 per arti- articles that they were involved in 1998. That audit and his knowledge as a cle the Committee was first told by Mr. writing and publishing. I was among Board Member of the extent of the ‘‘Ar- Olson. scores of people from time to time in- kansas Project’’ it revealed render Mr. Fifth, Mr. Olson has tried to distance cluded in such social events, but noth- Olson’s testimony in April, 2001, less himself from the most controversial ing about these social discussions in- than complete. aspects of the ‘‘Arkansas Project’’ in volved organizing, supervising or man- I have inquired of Mr. Olson what his its activities to publicize allegations of aging the project—they were simply and his firm’s legal representation of wrongdoing about the Clintons in Ar- discussions of subjects of contempora- the American Spectator entailed. In re- kansas. Mr. Olson stated that he ‘‘rep- neous interest to the magazine’s edi- sponse he has been extremely general, resented the American Spectator in the tors and writers.’’ vague and unspecific and, at times, has performance of legal services from Yet, taken as a whole, Mr. Olson was cloaked his nonresponsiveness in allu- time to time beginning in 1994 . . . clearly involved and participated both sions to the attorney-client privilege. those legal services were not for the professionally and socially in the work In fact, his law partner, Douglas Cox, purpose of conducting or assisting in of the American Spectator and its ‘‘Ar- has acknowledged that he and Mr. the conduct of investigations of the kansas Project.’’ There is absolutely Olson worked on legal matters for the Clintons.’’ (April 25th Responses, Q. 4). nothing illegal about this involvement American Spectator, including legal Yet, we find out he was paid over $8,000 and participation, but it shows a larger research that was incorporated into to prepare a chart outlining the Clin- role in these activities than Mr. Olson the article that was published in 1994 in tons’ criminal exposure as research for initially portrayed. the American Spectator, under a ficti- a February 1994 article Mr. Olson co- Fourth, Mr. Olson minimized his role tious name, that argues that the Presi- authored against the Clintons entitled, in the ‘‘Arkansas Project’’ and the dent was facing up to 178 years in pris- ‘Criminal laws Implicated by the Clin- American Spectator by failing to give on and Mrs. Clinton had a criminal ex- ton Scandals: A partial list.’ complete information about the posure of 47 years in prison. He then Finally, Mr. Olson has testified he amount of remuneration he has re- proceeds to undercut any claim of at- simply does not recall who contacted ceived for his activities on their behalf torney-client privilege for these activi- him to represent David Hale. When I when he was first asked. He told us on ties by indicating that they did not asked Mr. Olson at his April 5 hearing April 19 that he was paid from $500 to rely on any communications with any- how he came to represent Mr. Hale he $1,000 for his articles that appeared in one at American Spectator. started by saying, ‘‘[t]wo of [Hale’s] the American Spectator magazine. Yet, Having now conceded his involve- then lawyers contacted me and asked we find out in the Washington Post on ment in these matters, something he . . . .’’ A few seconds later Mr. Olson May 10 that his firm was paid over did not do initially, the question said, ‘‘[o]ne of his lawyers contacted $8,000 for work that was used in just arises: how extensive was that involve- me—I can’t recall the man’s name—and one of those articles. In addition, the ment as a lawyer? That is why I asked asked whether I would be available to Post reported that over $14,000 was paid at least for production of his firm’s represent Mr. Hale in connection with to Mr. Olson’s law firm and attributed billing records for legal services ren- that subpoena here in Washington, D.C. by American Spectator to the ‘‘Arkan- dered to the American Spectator, but They felt that they needed Washington sas Project.’’ was stonewalled on that request. Mr. counsel with some experience dealing When he was asked during his hear- Olson asserted attorney-client privi- with a congressional investigation. I ing about an article he had coauthored lege; he did not offer to cooperate by did agree to do that. Mr. Hale and I that was published under the pseu- producing non-privileged copies of met together.’’ donym ‘‘Solitary, Poor, Nasty, Brutish those records. (April 25 Response, Q.4; Even in his May 9 letter, Mr. Olson and Short’’ in the American Spectator May 9 Response, p. 3). Such records asserts that he, ‘‘cannot recall when

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5591 [he] was first contacted about the pos- represent David Hale because that now in the public record about Mr. sibility of representing Mr. Hale.’’ He would simply be another tie to the Olson’s involvement in partisan activi- indicates that he believes, ‘‘that [he] ‘‘Arkansas Project.’’ But we may never ties like the ‘‘Arkansas Project,’’ I still was contacted by a person or persons know for sure. have my doubts. whose identities [he] cannot presently On this point regarding how Mr. Second is the question of candor and recall sometime before then regarding Olson came to represent Mr. Hale, and straightforwardness. I have not had the whether I might be willing to represent Mr. Olson’s testimony to the Com- sense from his hearing onward that Mr. Mr. Hale if he needed representation in mittee about it, Michael J. Horowitz Olson has been truly forthcoming with Washington. As I recall, I indicated at submitted a statement that says that me or with the Committee. My sense is the time that I might be able to do so, he, Mr. Horowitz, ‘‘attended one meet- that for some reason he chose from the but only in connection with a potential ing in Mr. Olson’s presence at which outset to try to minimize his role in congressional subpoena, not with re- the matter discussed was legal rep- connection with the activities of the spect to legal matters pending in Ar- resentation for David Hale, who was American Spectator, that he has kansas.... I believe that this meeting facing Congressional testimony and sought to characterize it in the most was inconclusive because Mr. Hale did was in need of distinguished Wash- favorable possible light, that he has not at that time need representation in ington counsel. At that meeting—at sought to conclude for us rather than Washington.’’ which no mention I know of was made provide us with the facts and let us The Washington Post reported that of the ‘Arkansas Project’ or any term conclude how to view his activities. David Henderson said that he intro- like it—the subject under discussion I will cite another example of non- duced Hale to Olson when Hale came to was whether Mr. Olson’s firm would responsiveness from the record. I asked Washington to find a lawyer who could serve as counsel to Mr. Hale.’’ Mr. Olson in light of his testimony at help him deal with a subpoena from the It is entirely unclear in what capac- the hearing that he was not involved in Senate Whitewater committee, and sat ity Mr. Horowitz was attending such a the origins or management of the ‘Ar- in on a meeting between the two men. meeting, but it may not have been kansas Project’: ‘‘Were you involved in Interestingly, David Henderson appar- quite as simple as one or two lawyers advising anyone who was involved in ently signed a statement on May 14 in- then representing Mr. Hale approach- the origins or management of the dicating that in his view he broke no ing a high profile Washington lawyer project? If so, what advice did you pro- law while implementing the ‘‘Arkansas and his instantaneous agreement to ac- vide? Were you at meetings or social Project.’’ What he does not say and cept the representation for a client events with anyone involved in the what he does not deny is that he was without a retainer and without much project as an originator, manager, re- the person who introduced David Hale prospect of being paid after. According porter, or source for the project? If so, to Mr. Olson. The role that David Hen- to Mr. Olson, he and Mr. Hale ‘‘met to- what role did you play at these meet- derson played in introducing David gether’’ and Mr. Hale agreed to pay ings or social events?’’ Hale to Mr. Olson is apparently cor- [Gibson, Dunn & Crutcher’s] fees.’’ In Mr. Olson’s response was, as follows: roborated by several other witnesses the end, Mr. Hale could not pay the ‘‘I did not realize that a Project of any sort who have spoken to the American $140,000 in legal fees he owned Mr. was underway except to the extent that I Prospect in a story released on May 24. Olson. have indicated. I was in contact at social It now strikes me as strange that a Fitness to be Solicitor General. Some events with reporters for the magazine and members of the editorial staff, individuals man as capable as Mr. Olson with his have said, why is this important? Does whom I regard as personal friends. I have vast abilities of recall could not re- this matter whether he accurately and been at countless social events at which one member the name of David Henderson, fully described his role in the Amer- or more of such persons may have been if Mr. Henderson was, in fact, involved ican Spectator and the ‘‘Arkansas present. I have not kept records of such in setting up that representation. It Project’’? It is important for two rea- meetings, or the nature of the conversations strikes me as doubly strange when the sons, both of which go to the core of that may have occurred at such meetings bipartisan inquiry conducted after the the fitness of the nominee to serve as that might have involved President Clinton Committee vote on this nomination Solicitor General. The principle ques- or his contemporaneous or past conduct. I was not playing any particular role at those uncovered evidence that Mr. Olson was tion raised by the nomination of Mr. social events, except that I was probably a able to recall who introduced him to Olson to this particular position is host of events at which persons who wrote David Hale just a couple of years ago whether his partisanship over the last for or performed editorial services for the when asked the same question. several years in connection with so American Spectator may have been present. The OSR Report indicates that in many far reaching anti-Clinton efforts To the extent that it is relevant to your in- 1998 Mr. Olson recalled who referred mark Mr. Olson as a thoroughgoing quiry, I was the best man at the wedding of David Hale to him for legal representa- partisan who will not be able to check the editor-in-chief of the American Spec- tion, stating: ‘‘Hale became a client of his partisan political instincts at the tator. I recall that he was also present at my Olson’s firm around November 1995. wedding. He is a personal friend and we have door to the Office of the Solicitor Gen- had numerous social meetings. He has writ- Olson believes that Hale may have been eral. Similar questions were raised by ten at least two books about former Presi- referred to him by [redacted].’’ (OSR the nomination of Michael Chertoff. In dent Clinton. I do not interpret your inquiry Report, p. 79). that case the questions were answered as asking for the substance of conversations It leads one to wonder whether Mr. and the doubts dissipated. In connec- at social events. And I do not recall giving Olson’s failure to recall the name tion with the Olson nomination, those any advice concerning the conduct of the David Henderson had something to do doubts have grown over time. ‘Project’ or its origins or management. with his not wanting to indicate the Had Mr. Olson conceded the extent of Literally true? Probably. Respon- connection to such a central figure in his involvement in anti-Clinton activi- sive? Hardly. At the time of his hearing the ‘‘Arkansas Project.’’ Indeed, it has ties and given the kinds of assurances and his answer, Mr. Olson was well been reported that when Mr. Olson be- that Mr. Chertoff did about his upcom- aware of the activities of the ‘‘Arkan- came a Member of the Board of Direc- ing responsibilities, I would be sup- sas Project,’’ which was operated by tors of the American Spectator his porting his confirmation. Indeed, when the organization for which he acted as January 1996 letter accepting the posi- I met with Mr. Olson and at his hear- lawyer, author and contributor, Board tion was addressed to the publisher ing, I hoped and expected that to be my Member and officer. He had been pre- Ronald Burr with copies sent to position. I expected to be able to give sented with an audit and played a piv- Messrs. Tyrrell and Henderson. Mr. him the benefit of the doubt and, in otal role in reviewing the examination Henderson says in his recent statement light of the deference I would normally of its management, methods and re- that he served for a while on the Spec- accord a President’s Executive Branch sults, according to Mr. Eastland. His tator Board. But why was he, in par- nominees, I fully expected to be voting answer, however, steers clear of per- ticular, sent a copy? One explanation is for this nomination. jury without responding to the con- that Mr. Olson has a selective memory In the wake of the hearing, the series cerns being raised. It relies on a lack of and that he did not recall Mr. Hender- of supplemental responses we have re- recollection and is an attempt at dis- son as the person who contacted him to ceived and the unanswered questions traction.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5592 CONGRESSIONAL RECORD — SENATE May 24, 2001 Conclusion. As I review this record Indeed, many of the allegations GIBSON, DUNN & CRUTCHER, LLP, and the initial nonresponsiveness, lack against Mr. Olson have arisen from re- Washington, DC, May 15, 2001. of recall, corrections when confronted ports in The Washington Post. But the Re the nomination of Theodore B. Olson to with specifics, I am left to wonder what be the Solicitor General of the United Post has advocated the confirmation of states happened to ‘‘absolute candor and fair Mr. Olson. dealing.’’ In concluding my May 4, 2001, Hon. ORRIN HATCH, letter to Mr. Olson I noted: ‘‘The credi- Mr. Olson is one of the most qualified Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC. bility of the person appointed to be the nominees ever for the position of Solic- itor General. I hope that this body will Hon. PATRICK J. LEAHY, Solicitor General is of paramount im- Ranking Minority Member, Senate Judiciary portance. When arguing in front of the confirm him today so that he can begin Committee, Washington, DC. Supreme Court on behalf of the United his important work litigating on behalf DEAR SENATORS HATCH AND LEAHY: This States Government, the Solicitor Gen- of the United States. letter is being sent to the Committee in con- eral is expected to come forward with Mr. President, I ask unanimous con- nection with the nomination of Theodore B. both the strengths and weaknesses of Olson to become the Solicitor General of the sent to have printed in the RECORD the the case, to inform the Court of things United States. It is written in the context of following letters we have received in it might not otherwise know, and to be an apparent controversy regarding the truth- support of Mr. Olson. These include let- fulness of particular testimony given by Mr. honest in all his or her dealings with Olson at his confirmation hearing before the the Court. I expect that same respon- ters from Robert Bennett, Larry Simms, Michael Horowitz, James Ring Committee. I have had no involvement what- siveness and cooperation from nomi- soever in Mr. Olson’s preparation for that nees before this Committee.’’ My ex- Adams, Terry Eastland, Floyd Abrams, hearing, I have not reviewed a transcript of pectations have been disappointed. Laurence Tribe, William Webster, R. that hearing, and I have not discussed the I understand the role of a lawyer-ad- Emmett Tyrell, Wladyslaw substance of this controversy with Mr. Olson vocate in our legal system, and I did Pleszczynski, Douglas Cox, David Hen- or anyone who may be assisting Mr. Olson in not intend to oppose this nomination derson, and Stephen Boynton. These this matter. Indeed, my universe of asserted merely because of Mr. Olson’s clients letters demonstrate the depth and facts regrading this controversy is limited to and his clients’ activities. If confirmed, my review of two or possibly three articles breadth of the support for Mr. Olson’s printed recently in The Washington Post however, Mr. Olson’s next client will be nomination. that were brought to my attention by a the United States of America—and all There being no objection, the letters former associate of Gibson, Dunn in a purely of us. I want to be sure that our na- were ordered to be printed in the social communication. This letter has not tion’s top lawyer will see the truth and been, nor will it be, reviewed or seen by any- speak the truth fully to the Supreme RECORD, as follows: one other than word processing personnel be- Court and represent all of our best in- SKADDEN, ARPS, SLATE, MEAGHER fore it is delivered to the Committee, al- terests in the weighty matters over & FLOM LLP, though I am providing a copy of it to Mr. which the Solicitor General exercises Washington, DC, May 15, 2001. Olson as a matter of courtesy. Hon. ORRIN G. HATCH, public authority. Based upon what I I understand the central concern of the Chairman, Senate Judiciary Committee, U.S. Committee to be the truthfulness and integ- have seen I do not have the requisite Senate, Washington, DC. rity that Mr. Olson would bring to the pres- confidence in Mr. Olson to be able to DEAR SENATOR HATCH: I write this letter in entation of the position of the United States support his nomination. I will vote no. in cases brought before the Supreme Court I reserve the remainder of my time. support of the appointment of Ted Olson as Solicitor General of the United States. or other cases within the ambit of the au- Mr. HATCH. Mr. President, I agree thority of the Solicitor General. I share the with my colleague from Vermont that Our country is blessed with many wonder- view that there should be no doubt about the the Solicitor General must be a person ful lawyers of all political persuasions. In ability and integrity of any nominee to this of the highest integrity. This is very making judgments about their selection for position to present the Government’s posi- important if the Solicitor General is to high office, we must look beyond their polit- tion with honesty and integrity. When this represent the interests of all Ameri- ical labels and pick the best qualified. The sort of issue arises in this town, it is cus- tomary for the record to be filled, often to cans and to be a valuable assistant to Ted Olson that I know and respect would be a great Solicitor General. I am confident overflowing, with letters extolling the integ- the Supreme Court. Mr. Olson himself that he will obey and enforce the law with rity of the nominee whose ability to serve acknowledged this high standard in his skill, integrity and impartiality. The Amer- with the requisite integrity has been chal- testimony to the committee. ican people would be most fortunate to have lenged. I doubt that such testimonials are I believe that Mr. Olson has exempli- such a skillful and honest advocate rep- particularly helpful to the Committee, I fied this high level of candor and integ- resenting the United States before the Su- would, instead, like to bring to the attention rity in all of his dealings with the com- preme Court. of the Committee three instances in which I worked with Mr. Olson on matters that de- mittee. Several years ago when I was the State Some of my colleagues have alleged manded precisely the kind of intellectual in- Chair of the American College of Trial Law- tegrity that should be displayed by any So- that Mr. Olson misdirected the com- yers for the District of Columbia, it was my mittee in his answers. But this is sim- licitor General and in which Mr. Olson dis- responsibility to help select for admission to played that integrity under what can only be ply untrue. Mr. Olson told us what he the College the very best advocates—those characterized as battlefield conditions. did with the American Spectator and who were the most skilled, dedicated and First, I should provide the Committee with the Arkansas Project. He wrote several honest. At the top of my list was Ted Olson. some relevant information about myself. articles for that magazine—copies of Ted, because of his stellar qualifications and I graduated from the Boston University these articles were all provided to the reputation for integrity, sailed through the School of Law in 1973, having spent four committee with Mr. Olson’s question- selection process. Those who supported him years as an officer in the U.S. Navy after my naire. Mr. Olson also told us that he were liberals, moderates and conservatives graduation from Dartmouth College in 1966. I was on the board of the magazine and of all stripes. grew up in Tennessee, campaigned for the late Senator Albert Gore, Sr. in his last cam- became aware of the Arkansas Project While I do not have any personal knowl- paign in 1970, and I am a Democrat. In 1973– edge as to what role, if any, Mr. Olson played in 1997. He has not attempted to hide 74, I served as a law clerk to Circuit Judge any of these activities from the com- in the ‘‘Arkansas Project’’ or the full extent James L. Oakes of the Second Circuit. In mittee. Rather he has cooperated fully, of his relationship with the American Spec- 1974–75, I served as law clerk to Associate submitting numerous responses to tator, what I do know is that Ted Olson is a Justice Byron R. White of the Supreme questions from members of the Judici- truth-teller and you can rely on his represen- Court. In 1975–76, I served as Counsel to the ary Committee. tations regarding these matters. Moreover, I Reporters Committee for Freedom of the Mr. Olson enjoys the support of many agree with Senator Leahy that the credi- Press and began teaching a First Amend- prominent liberal scholars and lawyers, bility of the individual appointed to be Solic- ment seminar as a adjunct professor of the itor General is of paramount importance. In as I have detailed already. Many of his Georgetown Law Center, a course I taught my view, based on the many years I have until 1985. In June 1976, I was hired by colleagues at the Office of Legal Coun- known him, Ted Olson is such an individual. Antonin Scalia, then the Assistant Attorney sel have attested to his fairness and his He is a man of great personal integrity and General in charge of the Office of Legal consummate ability to serve as a gov- credibility and should be confirmed. Counsel of the Department of Justice ernment lawyer in a nonpartisan man- Sincerely, (‘‘OLC’’), as an attorney-adviser. In 1979, I ner. ROBERT S. BENNETT. was appointed Deputy Assistant Attorney

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5593 General in OLC by Attorney General Bell. I This letter is written off the top of my stated above, I was the lead writer on the was the only remaining Deputy Assistant in head, so the Committee will have to forgive Project, and Mr. Olson had absolutely no OLC when the first Reagan Administration me for any error in any of the facts stated role in guiding my development of stories for took office in January, 1981, and I continued above that I may have made, but there is no the magazine or in managing my work. In- to serve in that capacity until February 1985. error in my conclusion that these three ex- deed, I believe I only spoke to Mr. Olson once Mr. Olson was the Assistant Attorney Gen- amples paint the portrait of a lawyer scru- during the years in question, at the end of a eral in charge of OLC from his confirmation pulously devoted to the law and having the widely attended dinner at a Washington, in 1981 through the fall of 1984. We worked personal and intellectual integrity to place D.C. hotel, sometime in 1998, I believe. I closely together on many issues, and I came the law above the politics of Washington at sought him out to ask a general question to know him well both at the professional considerable personal risk. It is that quality, about recent, publicly reported develop- and personal level. I joined Gibson, Dunn as after all, that it seems to me one should look ments in the Webster Hubbell legal case. It an associate in February 1985, became a part- for in considering the nomination of any per- was my impression at the time that he did ner in 1988 and have practiced appellate law son to be the Solicitor General of the United not recognize me, and I had to explain who I with the firm for sixteen years. States. Mr. Olson is a fierce advocate, but he was; we spoke only for about five minutes. Mr. Olson’s handling of three major issues is an honest advocate and a person whose in- Given that we had no other meetings, con- during his tenure as the head of OLC stands tegrity and devotion to the law and the rule versations or other communications about out as exemplary of his intellectual integ- of law have survived challenges to which my work, it is false and wrong to assert that rity. First, and as this Committee is well very few public servants are ever subjected. Mr. Olson had any role whatsoever in man- aware, the courts had not at that time deter- Very truly yours, aging or directing what is referred to as the mined the constitutionality of the legisla- tive veto device. In addition, the Republican LARRY L. SIMMS. ‘‘Arkansas Project.’’ May 14, 2001. plank endorsed by President Reagan openly JAMES RING ADAMS. supported the legislative veto device. When STATEMENT OF MICHAEL J. HOROWITZ TO THE he became head of OLC, Mr. Olson studied SENATE JUDICIARY COMMITTEE MCLEAN, VA, May 14, 2001. the question of the constitutionality of the I am a Senior Fellow and Director of the Hon. ORRIN HATCH, legislative veto device, discussed that ques- Project for Civil Justice at the Hudson Insti- tion at great length with me and other OLC tute. I served as General Counsel of OMB U.S. Senate, lawyers, and concluded that legislative veto under President Reagan. I have known Ted Washington, DC. DEAR SENATOR HATCH: I am writing to devices were, root and branch, unconstitu- Olson for 20 years and have the highest re- comment on matters of possible relevance to tional. He so advised Attorney General gard for him and for his professionalism, in- President Bush’s nomination of Theodore B. Smith, who in turn advised President telligence and integrity. Olson to be Solicitor General. Reagan and members of the President’s In fact, I have always found Mr. Olson’s I became publisher of The American Spec- staff—many of whom were strongly sup- word to be absolutely reliable. I have dis- tator in November 1997. I was authorized by portive of legislative veto devices. Mr. Olson agreed with Mr. Olson from time to time on the board of directors to conduct a review of convinced the Attorney General that the issues of policy, but I have never met a per- what has been called the ‘‘Arkansas issue involved was a legal issue, not a polit- son more meticulously scrupulous on mat- Project.’’ I completed the review in 1998 and ical issue, and that the law, not the plank of ters of principle or honesty. reported my findings to the board. I also as- the Republican Party, had to be followed by Never. sisted investigators working under the everyone involved, including the President I have read Mr. Olson’s testimony in re- Whitewater independent counsel, who were himself. This story is chronicled in Chadha: sponse to Senator Leahy’s question regard- charged with looking into certain issues in- The Story of an Epic Constitutional Struggle ing the ‘‘Arkansas Project,’’ delivered during volving the project. by Professor Barbara Hankinson Craig of Mr. Olson’s confirmation hearing. His testi- As I discovered soon after I began my re- Wesleyan University, and I strongly com- mony to Senator Leahy was, in all respects view, the project was conceived in the fall of mend that book to the Committee as it con- that I am aware, wholly accurate. Specifi- 1993 by Editor-in-Chief R. Emmett Tyrrell, siders Mr. Olson’s nomination. cally, I know of no respect in which Mr. Jr., and Richard Larry, then the executive Second, and as this Committee is also Olson was involved in the Project’s ‘‘origin director of the Scaife foundations. The point aware, there was much discussion in the or its management.’’ of the project was to place in Arkansas indi- early years of the first Reagan Administra- I attended one meeting in Mr. Olson’s pres- viduals who would look into allegations in- tion about the enactment of legislation to ence at which the matter discussed was legal volving then Governor Bill Clinton and re- curb the jurisdiction of the Supreme Court of representation for David Hale, who was fac- late their findings to the magazine’s editors the United States. Much of that discussion ing Congressional testimony and was in need and writers for their review. The project con- was initiated by the new Republican major- of distinguished Washington counsel. At that ity on this Committee. Once again, Mr. templated the publication of investigative meeting—at which no mention I know of was pieces. Two Scaife foundations were prepared Olson was put under substantial pressure to made of the ‘‘Arkansas Project’’ or any term ‘‘play ball’’ with the Administration and to underwrite the project, which in grant like it—the subject under discussion was correspondence was called ‘‘the editorial im- clear the Administration to endorse such whether Mr. Olson’s firm would serve as legislation. Once again, he studied the issue, provement project.’’ counsel to Mr. Hale. Put otherwise, I have The project was commenced in November discussed it extensively with me and other never heard Mr. Olson discuss or imply that OLC lawyers, and concluded that such legis- 1993. Individuals were duly retained to con- he was involved in managing or directing ei- duct the ‘‘on-the-ground’’ researches in Ar- lation would probably be held unconstitu- ther anything called the Arkansas Project or tional. That opinion was reduced to writing kansas, and the first editorial result of the any of the investigative journalistic inquir- and served as the Administration’s response. project was an article on an aspect of White- ies of his client, the American Spectator No such legislation, so far as I can recall, water, which was published in February 1994. Magazine. was ever seriously considered after the Ad- The project continued through the early fall In making the above statement, I note ministration’s position was communicated of 1997, and it produced a total (by my count) to Congress. that I am aware of nothing to suggest that of eight articles. The Scaife foundations con- Third, in late 1981, I was preparing to trav- the American Spectator violated the law. tributed a total of approximately $2.3 mil- el to The Hague on business when I was Likewise, I believe it clear that the Amer- lion, more than $1.8 million of which asked by Mr. Olson for my views on the sub- ican Spectator’s journalistic and investiga- underwrote the work of the individuals in stantive issues raised in what ultimately be- tive activities were and are fully protected Arkansas. came the famous Bob Jones case. Although I by the First Amendment. In my review, I found no evidence that Mr. did not have much time to study those sub- Olson was involved in the project’s creation stantive issues, I advised Mr. Olson orally I was hired in late 1993 by the American or its conduct. My own sense is that Mr. that I feel that the Government’s position Spectator to be the lead writer for what has Olson did not become aware of the project taken in that case was correct and would be come to be known as the ‘‘Arkansas until June 1997, when disagreements arose vindicated by the Supreme Court. I also ad- Project.’’ I originally started as a free-lance between the magazine’s then publisher and vised Mr. Olson that I felt strongly that the writer, but was hired onto the staff of the Mr. Larry over project expenditures. At that Office of the Solicitor General had an obliga- magazine in 1994, where I remained until time, Mr. Tyrrell, who was also chairman of tion to defend the statute involved in that January 1, 1999. My numerous articles in the the board, asked Mr. Olson, a board member case in the Supreme Court. By the time I re- Spectator, based largely on my personal re- since 1996, for his assistance in resolving the turned from The Hague, the Bob Jones fiasco porting in Arkansas, analyzed many dif- dispute. When I came aboard as publisher, was playing itself out, with a decision having ferent aspects of Whitewater and related Mr. Olson agreed that a review of the project been made—over Mr. Olson’s strong objec- controversies. Over the four years or so that was necessary. Throughout my review, which tions—that the statute would not be de- I worked for the Spectator, I traveled to Ar- included an accounting of the monies spent fended by the Solicitor General. The Su- kansas on roughly a monthly basis. on the project as well as an examination of preme Court ultimately appointed William I understand that David Brock, who for a its management, methods, and results, I had Coleman to defend the statute in that court, period was another writer for the magazine, Mr. Olson’s strong support. and Mr. Olson’s position was vindicated by, has alleged that Mr. Theodore Olson directed Finally, I should add that, based upon my as I recall, an almost unanimous decision. or supervised the ‘‘Arkansas Project.’’ As knowledge of the magazine’s financial

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records in general and those of the Scaife- If we set Bush v. Gore aside, what remains WASHINGTON, DC, May 14, 2001. funded project in particular, Mr. Olson never in Ted’s case is an undeniably distinguished Hon. ORRIN G. HATCH, received any payments from The American career of an obviously exceptional lawyer Chairman, Judiciary Committee, U.S. Senate, Spectator for his representation of David with an enormous breadth of directly rel- Washington, DC. Hale. evant experience. Although part of that ca- Hon. PATRICK J. LEAHY, I hope these observations are of assistance. Ranking Minority Member, Judiciary Com- reer has been devoted to causes with which I Sincerely yours, mittee, U.S. Senate, Washington, DC. TERRY EASTLAND. disagree, his briefs and arguments have DEAR CHAIRMAN HATCH AND RANKING MI- treated the applicable law and the under- NORITY MEMBER LEAHY: I write in support of GAHILL GORDON & REINDEL, lying facts honestly and forthrightly, not the nomination of Theodore B. Olson by New York, NY, March 4, 2001. disingenuously or deceptively. Ted seems to President Bush to be Solicitor General of the Re Ted Olson me capable of drawing the clear distinction United States. I do so having the utmost Hon. PATRICK J. LEAHY, that any Solicitor General who has been on confidence in his ability, his loyalty to coun- try, his fidelity to the Constitution and his Russell Senate Office Building, the ramparts on various contentious issues personal integrity. Wahsington, DC. must draw between his or her own aspira- DEAR PAT: I’m not sure if Ted Olson needs My professional and personal association tions for the directions in which the law a boost from the other side or not for Solic- with Ted Olson began 20 years ago when he itor General, but I did want to offer one. Ted should be pushed, and his or her best under- joined the Reagan administration and served is just as conservative as his writings and standing of where the law presently is and as Assistant Attorney General, Office of clientele suggest. But on the assumption where the Supreme Court ought to be nudg- Legal Counsel under Attorney General Wil- that Larry Tribe is not high on the appoint- ing it, applying criteria less personal and liam French Smith. I was, at that time, Di- ment list for this Administration, I did want more inclusive than those driving any indi- rector of the Federal Bureau of Investiga- to say that I’ve known Ted since we worked vidual advocate. Put simply, I write this let- tion. Few positions in our government are together on a Supreme Court case— ter in Ted Olson’s support in the expecta- more sensitive or important to our govern- Metromedia v. San Diego—20 years ago and tion, and on the understanding, that his tes- ment and the administration of justice than that I’ve always been impressed with his tal- timony during his confirmation hearing, and is the O.L.C. Ted carried out his responsibil- ent, his personal decency and his honor. He the other evidence that the Senate Judiciary ities with a calm and steady hand, reflecting would serve with distinction as Solicitor Committee will gather, will show him to be legal acumen and common sense, both im- General. both able and willing not simply to articu- portant attributes for the ‘‘Attorney Gen- Sincerely, late the Administration’s or his own legal eral’s lawyer’’. In staff meetings his input FLOYD ABRAMS. philosophy but to represent well the United and advice seemed consistently sound. States of America as his ultimate client be- In private practice I have had occasion to work with Ted on some matters of common HARVARD UNIVERSITY LAW SCHOOL, fore the Supreme Court, keeping a firm grip Cambridge, MA, March 5, 2001. on what is best for that client and for the interest and have found the same high level of competence and judgment. He is one of Hon. PATRICK J. LEAHY, Constitution, not simply for the President’s U.S. Senate, philosophical agenda. our nation’s foremost appellate advocates and has earned widespread admiration for his Washington, DC. Of course, any Solicitor General must DEAR PAT: As one who knows Ted Olson analytical and advocacy skills. If he is con- speak for the Administration he or she rep- and disagrees with him on many important firmed, he will serve his country and the issues, I nonetheless write in support of his resents and must, within limits, espouse its cause of equal justice under law with great confirmation as Solicitor General. views. And any advocate must, to some de- dedication. An explanation may be called for. After gree, draw on his or her own views in decid- Ted has been a member of the Legal Advi- all, Ted was the oral advocate who opposed ing what to argue and how. But the special sory Committee of the National Legal Center for the Public Interest, which I chair. His me in the United States Supreme Court in responsibility of the Solicitor General, both the first of the two arguments between Vice periodic review of the work of the Supreme to the Court and to the country, requires an Court has been insightful and helpful. President Gore and now President (then-Gov- advocate with the capacity and the char- ernor) Bush, and Ted’s were the briefs that I On a more personal note, I have known Ted acter, on crucial occasions, to rise above his sought to defeat in the briefs I wrote and as a thoughtful and caring friend for many or her Administration’s pet theories and to filed for Vice President Gore in both of the years. I believe him to be honest and trust- two Bush v. Gore cases. Ted’s views of equal advise the Court in ways that may not al- worthy and he has my full trust. He is the protection, of Article II, and of 3 U.S.C. § 5, ways advance the political priories of the kind of person I would want to turn to for were views I believed, and continue to be- government. Sometimes the Solicitor Gen- help, professional or otherwise, in time of lieve, are wrong. Although his views of Arti- eral must defend the actions of Congress need. Having survived five Senate confirmations cle II and of 3 U.S.C. § 5 ultimately convinced even when those actions were opposed by the of my own, I have a full awareness of the only three Justices, his overall approach to Executive Branch. Sometimes the Solicitor Senate’s solemn responsibility to advise and the case won the presidency for his client. It General must decline to defend the actions of consent in these matters. I do hope you will surely cannot be that anyone who took that Congress, even when supported by the Execu- give some weight to the opinions of those prevailing view and fought for it must on tive, when they plainly conflict with the who know and respect Ted Olson. The Presi- that account be opposed for the position of Constitution. Myriad examples could be dent’s choice is a very good one. I would not Solicitor General. Because Ted Olson briefed have written this letter if I did not firmly and argued his side of the case with intel- given, but the general point is simple: Some advocates are too bound up in their own believe this to be true. ligence, with insight, and with integrity, his Respectfully, advocacy on the occasion of the Florida elec- views, and in their duty to their immediate WILLIAM H. WEBSTER. tion litigation—profoundly as I disagree with clients narrowly conceived, to act as counsel in this broader and higher sense. Some are him on the merits—counts for me as a THE AMERICAN SPECTATOR, ‘‘plus’’ in this context, not as a minus. That too blinded by their own perspectives to see ARLINGTON, VA, May 14, 2001. his views coincide with those of a current beyond them. Having observed Ted Olson in Hon. ORRIN G. HATCH, Court majority on a number of vital issues a number of situations, and having watched U.S. Senate, Washington, DC. as to which my views differ deeply should his career from afar, I would not expect him DEAR SENATOR HATCH: Contrary to the not rule him out. to be in that troublesome category. I would Washington Post’s May 11 story by Thomas I am willing to believe that the five Jus- expect him, rather, to have the open-minded- B. Edsall and Robert G. Kaiser, we never tices who in essence decided the recent presi- ness and breadth of perspective to meet the ‘‘said that [Arkansas] project story ideas, dential election thought they were genuinely legal issues involving the stories produced by higher standard I am articulating here. My acting to preserve the rule of law and to pro- the project and other directly related mat- tect the constitutional processes of democ- letter of support, at any rate, is premised on ters were discussed with Olson by staff mem- racy from being undermined by a post-elec- that expectation, and on the belief that the bers, and at dinner parties of Spectator staff- tion recount procedure that they viewed as confirmation hearings will bear out that op- ers and board members.’’ Apparently they chaotic, lawless and essentially rigged. I be- timistic prediction. got the idea from David Brock. Edsall’s main lieve that view was profoundly misguided In the end, only Ted Olson’s performance source on the Olson matter, and an indi- and that the Court’s majority deserves se- in the role of Solicitor General will prove vidual who has repeatedly acknowledged his vere criticism not only for its misconception deep bias against Olson and his former em- whether I am right or wrong in this hopeful of reality but also for its breathtaking fail- ployer The American Spectator. In quoting ure to explain its legal conclusions in terms evaluation. My strong sense, however, based him, the reporters might have mentioned his that could at least make sense to an in- on what I now know, is that, as Solicitor compromised credentials. formed but detached observer. But I do not General, Ted Olson will perform his role with Although Mr. Brock has lately claimed to lay that failing at Ted Olson’s feet; he acted honor, and with distinction. have been part of the so-called Arkansas as a responsible (if also misguided) advocate. Best wishes always, Project, he was not. The record on that is in- The blunder was the Court’s own doing. LAURENCE H. TRIBE. disputable. During his time at the magazine

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5595 it was clear to everyone concerned—he was to him at parties in the Washington, DC of the Pacific in 1962. He practiced law very public about this—that he was not part area. I have not spoken to Mr. Brock for with the distinguished firm of Gibson, of the project. His well-known years. Starting some time ago, Mr. Brock de- Dunn, and Crutcher from 1965 to 1971 as ‘‘Troopergate’’ story originated and was veloped a marked, publicly-expressed animus an associate, and then as a partner for completed before any such project existed. If toward Mr. Olson and his wife. he spoke to Mr. Olson during those years it I chose to become affiliated with Gibson, almost a decade, until 1981. And then was as a reporter pursuing his own stories Dunn primarily because of Mr. Olson. Al- from 1984 to the present time—he was and not as a representative of a ‘‘project’’ he though I did not know Mr. Olson personally Assistant Attorney General, legal distanced himself from. Pleszczynski made before I interviewed with the firm, he has a counsel, for the Department of Justice that clear to Edsall. Brock’s present claim reputation as one of the best lawyers in from 1981 to 1984. He came in with the that he was calling Olson as part of the Washington, a rigorous and demanding law- administration of President Reagan. ‘‘project’’ is a deceit. yer with a record of unflinching devotion to What is more, if Mr. Olson’s firm, Gibson, principle. In the years since I became affili- I was elected in the same year, and I Dunn and Crutcher, was paid from project ated with the firm, I have worked closely knew of his work, having served on the funds (like all recipients of checks from The with Mr. Olson, including participation on Judiciary Committee beginning imme- American Spectator), the firm would not numerous cases for the firm’s clients. I can diately after taking my oath of office have known which internal account the mag- personally vouch for his extremely high pro- after the 1980 election. azine used for its payments. For all Gibson, fessional standards; for his refusal to accept Dunn and Crutcher knew, the magazine was second-best efforts from himself or anyone He is a real professional. He has ar- paying it from funds derived from general in- around him; and for his fairness. I can also gued some of the most important cases come. vouch, without reservation, for his great in- before the Supreme Court of the United Mr. Olson’s statements that he was ‘‘not tegrity. States. involved in the project in its origin or its In my view, he will make an excellent So- On December 11, 2000, he argued the management’’ and that he was ‘‘not involved licitor General, and the Members of the Judi- landmark case of Gov. George W. Bush in organizing, supervising or managing the ciary Committee should vote to confirm him conduct of [the magazine’s investigative] ef- with confidence. v. Vice President Albert Gore where forts’’ are accurate and thus truthful. DOUGLAS R. COX. the decision of the Supreme Court of One final point, the precedent set by politi- the United States essentially decided cians seeking to probe the methods of pay- We were the two individuals charged by the conflict on the Florida election. I ment and of reportage practiced by journal- the American Spectator with implementing was present that day to hear that his- ists has a chilling effect on the First Amend- what has come to be called the ‘‘Arkansas toric argument and can attest person- ment. We would hope other journalists would Project,’’ an effort to support investigative recognize this danger to journalistic endeav- ally to his competency and his profes- journalism in Arkansas that was specially sionalism. ors. funded by Richard Mellon Scaife. (Dave Hen- Sincerely, derson also served for a while on the Spec- There have been some concerns about R. EMMETT TYRRELL, Jr., tator Board.) his partisanship. I am confident Mr. Editor-in-Chief. In connection with our investigative re- Olson can separate partisanship from WLADYSLAW PLESZCZYNSKI, search for this journalistic project, we made his professional responsibilities as So- Editor, The American numerous trips to Arkansas and elsewhere to licitor General of the United States. It Spectator Online. speak first-hand to witnesses. Nothing that we did in connection with the ‘‘Arkansas is not surprising that President Bush I am a partner in the law firm of Gibson, Project’’ broke the law. Mr. Shaheen, a spe- would appoint a Republican to be So- Dunn & Crutcher LLP. I became affiliated cial counsel, reached the same conclusion licitor General, nor is it surprising with the firm, originally as an ‘‘of counsel’’ after an extended investigation. Rather, we that President Bush would appoint Ted employee, in 1993. Starting in 1994, I worked were conducting the same kind of investiga- Olson to this important position in with Theodore Olson on certain legal mat- tive journalism, talking to witnesses, re- light of Mr. Olson’s accomplishments, ters for the firm’s client, the American Spec- viewing documents, that many journalists do tator. That legal work included legal re- his demonstration of competency, and every day. Such activities were not only law- his assistance to President Bush on search regarding criminal laws potentially ful, but encouraged in an open and free de- implicated by allegations of certain conduct mocracy, and fully protected by the First that major case. by public officials, including President and Amendment. There was nothing at all im- Some questions have been raised as Mrs. Clinton, as reported in the major media. proper about the investigative fact work to some answers Mr. Olson gave at the That research was incorporated into an arti- that we performed for the American Spec- confirmation hearing. A request was cle that the American Spectator published in tator. 1994. The magazine published the article made to have an investigation of some In performing our investigative work for of what Mr. Olson did. I took the posi- under the by-line of ‘‘Solitary, Poor, Nasty, the American Spectator, we were not di- Brutish and Short,’’ an obviously fictional rected or managed in any way by Theodore tion publicly in interviews and then law firm drawn from the famous quote from Olson. He did not participate, nor was he later in the Judiciary Committee exec- Hobbes, that the magazine had listed for asked to participate, in either the planning utive session when we considered Mr. many years on its masthead as its legal or conduct of the ‘‘Arkansas Project.’’ Con- Olson’s nomination, saying I was pre- counsel. It was, however, widely known that trary assertions, made by those lacking per- pared to see and support an investiga- Mr. Olson and I had prepared the material in sonal knowledge and with a political or per- tion if there was something to inves- the article. sonal agenda, are simply false. tigate but that there had not been any In addition to periodic legal work for the May 15, 2001. allegation of any impropriety on Mr. client, Mr. Olson and I over the years co- DAVID W. HENDERSON. wrote similar satiric pieces involving legal Olson’s part in terms of any specifica- The PRESIDING OFFICER. The Sen- aspects of various matters involving the tion as to what he was supposed to Clinton Administration. Some, but not all, ator from Alabama is recognized. have said that was inconsistent or Mr. SESSIONS. Mr. President, on be- of those pieces appeared under the ‘‘Solitary, what he was supposed to have said that half of Senator HATCH, I yield time to Poor’’ by-line. was not true. During my work with Mr. Olson for the the distinguished Senator from Penn- American Spectator, I never heard the sylvania. I am not totally without experience phrase ‘‘Arkansas Project’’ until it had be- The PRESIDING OFFICER. The Sen- in investigative matters. But a start- come the subject of media reporting. I am ator from Pennsylvania is recognized. ing point of any investigation has to be not aware of any fact that would support or an allegation, something to inves- in any way credibly suggest that Mr. Olson Mr. SPECTER. Mr. President, I thank my colleague from Alabama for tigate. That was not provided. I called was involved in the origin, management or at that hearing for some specification. supervision of the investigative journalism yielding time to me. I have sought rec- projects funded by one of the Scaife founda- ognition to support the nomination of If you make a charge, even in a civil tions that became know as the ‘‘Arkansas Theodore Olson to be Solicitor General case, there has to be particularity al- Project.’’ In drafting our articles, I never of the United States. leged, there has to be some specifica- spoke with anyone at the American Spec- Mr. Olson comes to this position with tion as to what the impropriety was, tator to obtain any facts, relying instead on an excellent academic and professional let alone wrongdoing in order to war- already-published media reports, and legal background. He received his law degree rant an investigation. resources such as statutes, congressional re- ports, and the like. from the University of California at I said at the hearing, although there I met David Brock years ago, and in the Berkeley in 1965 after having received a was a certain amount of interest in early 1990s on occasion I would see and speak bachelor’s degree from the University moving the nomination ahead last

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5596 CONGRESSIONAL RECORD — SENATE May 24, 2001 Thursday, that I would support an in- that the vote was scheduled on Mr. studied and written about the Fed- vestigation and would not rush to judg- Olson’s nomination. Some of the Sen- eralist Papers, the Framers, and the ment if there was something to inves- ators questioned the article. Constitution. He earnestly believes in tigate. But nothing was forthcoming to Subsequently, after the facts were the Constitution’s design of limited warrant an investigation. One of the examined, the Washington Post en- and separated powers. He sincerely and Judiciary Committee members said, dorsed Ted Olson for this position. deeply believes that the States cannot well, Mr. Olson was not forthcoming at Nonetheless, Senator HATCH agreed to deny any person equal protection of the Judiciary Committee hearing. I at- delay further and allow the matter to the laws. He understands that history tended that hearing in part, and there be examined even more thoroughly. and theory of our fundamental law. were very few Senators there. But if That is why we are here today. Now There is no doubt about that, in my there was some concern that Ted Olson that most of the partisan rhetoric has opinion. And he has been involved with wasn’t forthcoming, the time to go receded, I am glad the Senate will fol- it all of his professional career—in into it was at the hearing or, if not at low the moderate and wise voices of Government and out of Government, the hearing, Mr. Olson was available Professor Laurence Tribe, Robert Ben- including many successful years as a thereafter. nett, Beth Nolan, Floyd Abrams, and partner in one of the great law firms in I asked the Senator who raised the Senator ZELL MILLER in moving this the country: Gibson, Dunn & Crutcher. question about his not being forth- nomination to confirmation. Second, Mr. Olson’s distinguished ex- The Solicitor General is the most im- coming if he had talked to Mr. Olson, perience as a lawyer demonstrates his portant legal advocate in the country. and the answer was that he had not. So understanding that the Constitution The job has been called the greatest based on the record, it is my conclu- has real and meaningful impact on the lawyer job in the world. As U.S. attor- sion that any of the generalized lives of ordinary Americans. He has ap- ney for almost 15 years, I had the honor plied constitutional theory as an As- charges as to Mr. Olson haven’t been of standing up in court on a daily basis sistant Attorney General for the Office substantiated at all, haven’t been to say: ‘‘The United States is ready, raised to the level of specification to Your Honor.’’ I spoke for the United of Legal Counsel. That is a critical po- warrant any proceeding or any inves- States in its Federal district court nor- sition in the Department of Justice tigation. mally in the Southern District of Ala- that provides legal counsel in the De- I dare say that if those on the other bama. But what greater thrill could partment of Justice and to all govern- side of the aisle had sought to block there be, what greater honor than to mental agencies, usually including the this nomination from coming up today, stand before the great U.S. Supreme President of the United States. He held there were ample procedural opportuni- Court and represent the greatest coun- that office in previous years. He has ties for them to do just that. try in the history of the world and be done this in his own practice when ad- So on this state of the record, on the the lawyer for that country in that vocating before the courts, including state of Ted Olson’s excellent academic great Court? Ted Olson is worthy of the Supreme Court of the United and professional record, and his estab- that job. He and his subordinates will States. lished expertise as an advocate before shape the arguments in cases that In Aetna Life Insurance Company v. the Supreme Court of the United come before the Federal appellate Lavoie, he advocated the due process States, and understanding the dif- courts and, most importantly, before rights of litigants who faced a judge ference between partisanship when he the Supreme Court of the United who had a conflict of interest in the is in a partisan context as opposed to States. In this fashion, law is shaped case but would not recuse himself. He professionalism when he is rep- slowly and carefully one case at a time represented those litigants to ensure resenting the United States of America over a period of years. that they would get a fair judge. In before the Supreme Court, I intend to I note, however, that I have a slight Rice v. Cayetano, he advocated the vot- support this nomination and vote aye. disagreement with my distinguished ing rights of those excluded because of I thank the Chair. I thank my friend colleague from Vermont on the ques- their race. And in Morrison v. Olson, he from Alabama, the distinguished Sen- tion of this being an extraordinarily advocated the position that the separa- ator from Alabama. I yield the floor. more sensitive a position than others. tion of powers principle required pros- The PRESIDING OFFICER. The Sen- While it is a position that requires ecutors to be appointed by the execu- ator from Alabama. great skill and legal acumen, the truth tive branch, a position that this entire Mr. SESSIONS. I thank the Senator is that the Solicitor General does not Congress has now come to embrace from Pennsylvania for his outstanding do a lot of things independently. Basi- many years later. That was a coura- remarks. He does, indeed, have a pas- cally, the Solicitor General asks the geous position he took. Ultimately, Mr. sion for truth and he pursues those he Supreme Court, or perhaps some other Olson won because his position was believes are not telling the truth ag- lesser court if he chooses, to rule one validated by subsequent events. gressively in his examination and de- way or the other. He is not making de- Mr. Olson had a legal career which fends those he thinks are being un- cisions independently about policies or has, to a remarkable degree, placed fairly accused. I have seen his skill in procedures such as an FBI Director him as a key player in many of the im- committee hearings many times. Sen- would make or the Deputy Attorney portant legal battles of our time. It is ator SPECTER raised a number of ques- General or the Attorney General. He is remarkable, really. These cases, many tions about the allegations that were basically in court constrained by the intense, have enriched him. They have made about Mr. Olson. But his ques- justices before whom he appears. And enhanced his judgment and wisdom. I tions concerning the merit of the alle- it is, as everyone knows, critical that a can think of no one better prepared to gations against Mr. Olson were never Solicitor General maintain over a pe- help the President of the United States answered. In fact, he simply asked: riod of years credibility with the Su- and the Attorney General deal with ‘‘Precisely what is it you say he was preme Court. Ted Olson, as a regular complex, contentious, and important testifying falsely about?’’ And I don’t practitioner before the Supreme Court cases that are surely to come as the believe a satisfactory answer to this of the United States, understands that years go by. day has been given to that question. and will carefully husband his credi- When he was before the Judiciary Mr. President, I support Ted Olson’s bility with that Court as he has always Committee, I asked him: ‘‘Mr. Olson, nomination to be the next Solicitor done. are you prepared to tell the President General. I commend Senators LEAHY, The Solicitor General must be a con- of the United States no?’’ DASCHLE, HATCH, and LOTT for reaching stitutional scholar of the first order, a Presidents get treated grandly, like an agreement to have the Olson nomi- lawyer and legal advocate with broad corporate executives and Governors, nation voted on today. Certain charges and distinguished legal experience, and and they want to do things, and they were made, but they have been inves- must possess unquestioned integrity. do not want a lawyer telling them they tigated and, in my view, have been Ted Olson excels in each of these cat- cannot do it. But sometimes there has found wholly without merit. The egories. to be a lawyer capable of telling the charges were raised in a newspaper ar- First, Mr. Olson is a constitutional President ‘‘no.’’ ‘‘No, sir, you cannot do ticle in the Washington Post the day scholar of the highest order. He has that. The law will not allow that. I am

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5597 sorry, Mr. President, we will try to fig- mittee. I have the transcript of the tes- Laurence Tribe, the professor who ure out some other way for you to do timony he gave. litigated against him in Bush v. Gore, what you want to do; you cannot do This is what happened at the com- said: that.’’ mittee. He was sitting right there in It surely cannot be that anyone who took I believe, based on Ted Olson’s expe- the room testifying before us. Senator the prevailing view [in Bush v. Gore] and rience, his closeness to the President, LEAHY went right to the heart of the fought for it must on that account be op- the confidence the President has in matter, as he had every right to do. posed for the position of Solicitor General. him, he will be able to do that better This was his question: ‘‘Were you in- Because Ted Olson briefed and argued his than any person in America. volved in the so-called Arkansas side of the case with intelligence, with in- sight, and with integrity, his advocacy on Finally, Mr. Olson is a man of un- Project at any time?’’ the occasion of the Florida election litiga- questioned integrity. For example, The answer: tion—profoundly as I disagree with him on when asked on numerous occasions to Mr. Olson: As a member of the board of di- the merits—counts for me as a ‘‘plus’’ in this criticize the justices of the Florida Su- rectors of the American Spectator, I became context, not a minus. If we set Bush v. Gore preme Court in Bush v. Gore litigation, aware of that. It has been alleged that I was aside, what remains in Ted’s case is an unde- he always declined. He always re- somehow involved in that so-called project. I niably distinguished career of an obviously was not involved in the project in its origin exceptional lawyer with an enormous spected the justices and their court, or its management. and even if he disagreed with their breadth of directly relevant experience. No one found fault with that. That legal opinion—and his position was I certainly agree with that. That is statement has not been disputed to later validated by the U.S. Supreme from Al Gore’s lawyer. this day. There is certainly no evidence Court. Mr. Olson’s conduct in the most Walter Dellinger, former Solicitor to say otherwise. General under President Clinton, said famous case of this generation, as well He stated: as his reputation, won him the endorse- when Ted Olson was at the Office of I was not involved in the project in its ori- ment of his adversary, Professor Lau- Legal Counsel he ‘‘was viewed as some- gin or its management. As I understand it, one who brought considerable integrity rence Tribe the famed and brilliant ad- what that was was a contribution by a foun- vocate for Al Gore. to the decision-making.’’ dation to the Spectator to conduct investiga- Beth Nolan, former Clinton White Indeed, a President assembles an ad- tive journalism. I was on the board of the ministration, and he is entitled to have American Spectator later on when the alle- House counsel and Reagan Department around him people in whom he has gation about the project was simply that it of Justice Office of Legal Counsel at- great confidence, people whom, in the did exist. The publisher at that time, under torney in a letter said: most critical points of his administra- the supervision of the board of directors, [W]e all hold Mr. Olson in a very high pro- tion, he trusts to give him advice on hired a major independent accounting firm fessional and personal regard, because we be- to conduct an audit to report to the pub- lieve that he made his decisions with integ- which he can rely and make decisions. lisher and, therefore, to the board of direc- rity, after long and hard reflection. We can- What greater validation is there than tors with respect to how that money was not recall a single instance in which Mr. perhaps the greatest lawsuit of this funded. I was on the board at that time. Olson compromised his integrity to serve the century for the Presidency of the Mr. Olson was on the board when expedients of the [Reagan] administration. United States, to be decided by the they conducted an investigation that Floyd Abrams, esteemed first amend- Court, and whom did President Bush, the board decided to do. ment lawyer, stated in March 2001: out of all the lawyers in America, Mr. Olson continued his answer in I’ve known Ted since we worked together choose? Did he want someone who was Committee: on a Supreme Court case—Metromedia v. purely a political hack, someone who As a result of that investigation, the mag- San Diego—20 years ago and . . . I’ve always was a political guru, or did he want the azine, while it felt it had the right to con- been impressed with his talent, his personal best lawyer he could get to help him duct these kinds of investigations, decided decency and his honor. He would serve with win the most important case facing the that it was not in the best interest of the distinction as Solicitor General. country maybe of the century? Whom magazine to do so. It ended the project. It es- Harold Koh, former Clinton Adminis- did he choose? Isn’t that a good reflec- tablished rules to restrict that kind of activ- tration Assistant Secretary of State in tion on Ted Olson’s reputation that the ity in the future. February of this year: President chose him, and it is not sur- Senator LEAHY interrupted him Ted Olson is a lawyer of extremely high prising that Al Gore chose someone of there. If he did not say enough, Sen- professional integrity. In all of my dealings the quality of Laurence Tribe, two ator LEAHY had every opportunity to with him, I have seen him display high moral great, brilliant litigators in the Su- ask him more questions. He was still character and a very deep commitment to preme Court that day. talking about it when Senator LEAHY upholding the rule of law. Robert Bennett, attorney for former Mr. Olson has written and he has interrupted him and stopped him. The President Bill Clinton during a lot of thought deeply about constitutional transcript shows: this litigation and impeachment mat- law. He is not professor, however, as . . . to restrict activities of the kind in the ters also supports Mr. Olson’s nomina- many of our Solicitors General have future and put it— Senator LEAHY: tion. He is a well-known defense lawyer been. He has been a lawyer involved in And Senator LEAHY asked some other ques- and certainly very close to President Government in all kinds of issues. Dur- tions about the same matter which Mr. Clinton. He came to the markup when ing that time, he has gained extraor- Olson answered and that I do not think have we voted on this in committee and sat dinary insight, skill, and knowledge been credibly disputed either. I submit that throughout the markup. This is what about how Government works. He has the man told the truth absolutely, indis- he wrote to the Committee: incredibly unique and valuable quali- putably. ties to bring to this office. I really believe, as Senator SPECTER While I do not have any personal knowl- There is simply no better lawyer and said in Committee, we ought to be re- edge as to what role, if any, Mr. Olson played in the ‘‘Arkansas Project’’ or the full extent no better person to fulfill the awesome sponsible around here. We ought to be of his relationship with the American Spec- responsibilities of the Solicitor Gen- careful about alleging that a nominee tator, what I do know is that Ted Olson is a eral of the United States than Ted for a position such as Solicitor General truth-teller and you can rely on his represen- Olson. It is my privilege to support him of the United States is not being hon- tations regarding these matters.... He is a and advocate his nomination. est or is somehow being dishonest man of great personal integrity and credi- I know there are a number of ques- about what he says. I do not believe bility and should be confirmed. tions people will raise and have raised, there are any facts to show that. That So, then-Governor Bush chose a man but I believe, as Senator SPECTER is why I care about how we proceed, to represent him in the biggest case in pointed out in our hearings, we have to and I am glad an agreement was his life. He chose a man who had a rep- see where the beef is, what is the sub- reached that the matter could come utation of this kind among opposing stance of the complaints against him. forward. lawyers, lawyers who do not agree with One of the issues that came up was On the question of Mr. Olson’s integ- him politically. That is what they say that he minimized his involvement in rity, we have a number of people who about him. the ‘‘Arkansas Project’’ and that he did vouch for him. Let’s look at these He is uniquely qualified for the job, not tell the truth before the com- Democrats. and he has the unique confidence of the

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5598 CONGRESSIONAL RECORD — SENATE May 24, 2001 President of the United States. This is mittee before we even had the hearing. The PRESIDING OFFICER. Without what we ought to do: We ought to give That was something he had written and objection, it is so ordered. the President whomever he wants in produced. We all knew about that. Mr. SESSIONS. I suggest the absence his administration if we can justify I would just say this. A man’s profes- of a quorum. doing so. If there is some serious prob- sional skill, his integrity, is deter- The PRESIDING OFFICER. The lem, we have a right to inquire into mined and built up over a period of clerk will call the roll. that. That has been inquired into and years. We in this body, as Senators, The assistant legislative clerk pro- no legitimate basis has been developed know we can make a speech here and ceeded to call the roll. on which to oppose the nomination. we can misspeak, and we have one of Mr. NICKLES. Mr. President, I ask Then the question is: ‘‘Should a our staff, if they have a little time, go unanimous consent that the order for nominee be confirmed?’’ And the pre- back and read it and correct the the quorum call be rescinded. The PRESIDING OFFICER. Without sumption is that he should unless there record. objection, it is so ordered. is a problem. A nominee cannot do that. What Ted Mr. NICKLES. Mr. President, I con- There were a number of ‘‘charges’’ Olson said, he said under oath. I don’t gratulate Senator HATCH and Senator suggested. I will mention briefly that see he made a mistake at all. We never LEAHY for bringing the nomination of Mr. Olson wrote articles for the Amer- apologize around here. We make mis- Ted Olson to be Solicitor General to ican Spectator and received some pay takes. We misstate facts. I have done the floor of the Senate. I am delighted for some of them. He admitted that be- it. I try not to. As a former prosecutor, we are going to have a vote on Mr. fore the hearings. When he was asked I always try not to misstate the facts. Olson. I know him well. I think he will to produce what he published, he sub- I work at it very hard. I still find when be an outstanding Solicitor General mitted those articles to the Com- I leave the floor sometimes I have not only for this President and this ad- mittee. Everybody knew that. After misspoken. But are you going to call a ministration but for our country as the hearing, Senator KENNEDY said he press conference and try to apologize? well. was going to vote for him. He was sat- We just do it and get away with it. This Mr. Olson’s qualifications are beyond isfied. There was no dispute about his man told the truth. I don’t see where reproach. He was an undergraduate at involvement with the magazine. he told anything that was a lie. the University of the Pacific and re- His opponents said Mr. Olson played I know there are some activists who ceived his law degree from the Univer- word games. Mr. Olson clearly re- do not want to see the man who han- sity of California at Berkeley. He has sponded that he wasn’t involved in the dled the Bush v. Gore case confirmed. been a partner at Gibson, Dunn & management or the origin of this so- They don’t want to see confirmed a Crutcher, one of the nation’s leading called Arkansas Project, but that when man who gave legal advice to the law firms, from 1965 to 1981, and also he was at dinners and he talked about American Spectator, who thought from 1984 until the present time. He the public Clinton scandals over din- there was something rotten in Arkan- served as Assistant Attorney General ner. Anybody knows if you are at a sas and went out and investigated it. from 1981 to 1984, providing legal advice luncheon and you are talking, or at a How many of them went to jail over it? to President Reagan and Attorney Gen- dinner with an editor and he is writing Some of them are still in the bastille, eral William French Smith and other political articles of this kind, you are perhaps for crimes they committed executive branch officials. going to talk about it. But it doesn’t that this magazine investigated. What He has handled a lot of very impor- mean he originated the project or man- is wrong with that? Isn’t this America? tant cases. Probably the best known aged the project in any way, and that I don’t see anything wrong with Mr. case was Bush v. Gore. No matter is what he said, ‘‘I did not do.’’ Scaife giving money, legally, to inves- which side of that case you supported, With respect to Mr. Olson’s represen- tigate a stinking mess. That is what we you had to admire the skill with which tation of David Hale, he plainly said had in Arkansas. he argued a very complicated and, that he was not compensated for that The Independent Counsel investiga- needless to say, very important case. work. He said he had helped Hale from tions and the impeachment were tough In addition, he has argued numerous the beginning, but that he was never times for this country. Those matters other very significant cases before the paid for it—he never got paid for rep- are behind us. We are at a point now Supreme Court and other federal and resenting him. He never denied rep- where we have a new administration state courts. I will include for the resenting David Hale, being asked by that is building its team. It is time RECORD a highlight of seven of these another lawyer, I believe he said, to that the President be able to have his important cases. help him. This was supported by the top constitutional adviser on board, be Ted Olson has been on both sides of Independent Counsel Ray who has stat- able to do his duty. the courtroom battles. He has defended ed that the Shaheen Report on whether I am glad we can have this debate. the Government and counseled the Mr. Hale was paid to testify found no Some see this nomination differently. I President. As Assistant Attorney Gen- evidence of any improprieties here. respect their views. Ultimately, how- eral, he dealt with limiting govern- With respect to an American Spec- ever, there is no dispute based on facts ment power as well. In private prac- tator article on Vince Foster’s death, in the record. I am glad this nomina- tice, he has defended private interests Mr. Olson did not write it. He told the tion is being moved forward and that against the Government. In his argu- magazine employees that he didn’t put we can have an up-or-down vote on it. ments on both sides of the courtroom, much stock in it, but it was all right I believe Mr. Olson will be confirmed. he has presented factual cases and posi- for the magazine to publish it. The I think he should be. I am honored to tions in both Federal and state courts, First Amendment generally protects cast my vote for him. I urge others to arguing for the government and the press when it publishes articles on do so likewise. against the Government. That type of public figures. It is a free country. I do Mr. President, I yield the floor and experience is almost unequaled in a not believe that the magazine was sued suggest the absence of a quorum. nominee for Solicitor General. over it. Mr. Olson didn’t put much The PRESIDING OFFICER. The He will be an outstanding credit to stock in it, but if the magazine wanted clerk will call the roll. the administration and to the country. to publish it, fine. That is what I un- The assistant legislative clerk pro- His nomination is supported by liberals derstood his statement to be. That is ceeded to call the roll. and conservatives, by individuals such very different from the nominee writ- Mr. SESSIONS. Mr. President, I ask as Robert Bork, Robert Bennett and ing the article or submitting it in a unanimous consent that the order for Laurence Tribe. Different people with brief to a court. the quorum call be dispensed with. different viewpoints have reached the There were questions raised about a The PRESIDING OFFICER. Without same conclusion I have reached: Ted chart that he prepared that showed the objection, it is so ordered. Olson will be an outstanding Solicitor federal and state criminal offenses that Mr. SESSIONS. Mr. President, I ask General, and he should receive our very the Clintons could have violated if pub- unanimous consent that any time used strong support. I am delighted we will lic allegations were proven in a court in the quorum call subsequent to this be confirming him as the next Solicitor of law. He gave the chart to the Com- be charged against both sides equally. General of the United States.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5599 I ask unanimous consent to print the (The remarks of Mr. STEVENS are lo- NOMINATION OF THEODORE list of cases to which I referred in the cated in today’s RECORD under ‘‘Morn- BEVRY OLSON, OF THE DISTRICT RECORD. ing Business.’’) OF COLUMBIA, TO BE SOLICITOR There being no objection, the mate- Mr. STEVENS. Mr. President, I sug- GENERAL OF THE UNITED rial was ordered to be printed in the gest the absence of a quorum. STATES RECORD, as follows: The PRESIDING OFFICER. The The PRESIDING OFFICER. Under LEADING CASES TED OLSON ARGUED clerk will call the roll. the previous order, the clerk will re- Ted Olson has argued or been the counsel The legislative clerk proceeded to port the nomination. of record in some of the leading cases before call the roll. The assistant legislative clerk read the Supreme Court: Mr. HATCH. Mr. President, I ask the nomination of Theodore Bevry Rice v. Cayetano (2000)—Counsel of record Olson, of the District of Columbia, to for the prevailing party in this case in which unanimous consent the order for the be Solicitor General of the United the Court struck down as a violation of the quorum call be rescinded. States. Fifteenth Amendment. Hawaiian legislation The PRESIDING OFFICER (Mr. restricting voting in certain elections to Mr. WARNER. Mr. President, I rise ALLARD). Without objection, it is so or- citizens based on racial classifications. today in support of the nomination of a U.S. v. Commonwealth of Virginia (1996)— dered. Virginian, Theodore ‘‘Ted’’ Olson, to Whether Virginia Military Institute male- UNANIMOUS CONSENT AGREEMENT serve as the Solicitor General of the only admissions policy violates the Equal Mr. HATCH. Mr. President, I ask United States. Protection Clause of the Fourteenth Amend- unanimous consent that all time be Article II, Section 2 of the Constitu- ment to the Constitution of the United tion provides that the President: States. Mr. Olson was counsel of record for yielded back on the motion and the the Commonwealth of Virginia and Virginia motion be agreed to. I further ask con- shall nominate, and by and with the Advice Military Institute. sent that the Senate now proceed to and Consent of the Senate, shall Garcia v. San Antonio Metropolitan Tran- the consideration of the nomination appoint...Judges of the Supreme Court, sit Authority (1985)—Whether the Tenth and all other Officers of the United and that the vote occur on the con- States.... Amendment’s reservation of powers to the firmation of the nomination with no Thus, the Constitution provides a states precluded application of the minimum intervening action or debate. I also ask wage and other employment standards of the role for both the President and the unanimous consent that following the Federal Fair Labor Standards Act to wages Senate in this process. The President vote on the confirmation of the Olson paid by the City of San Antonio to municipal has the power to nominate, and the nomination, the Senate then proceed transit workers. Mr. Olson was counsel of Senate has the power to render advice record for the United States. to two additional votes, the first vote and consent on the nomination. Immigration and Naturalization Service v. on the confirmation of Calendar No. 83, In fulfilling the constitutional role of Chadha (1983)—Striking down as unconstitu- Viet Dinh, to be followed by a vote on the Senate, I have, throughout my ca- tional legislative veto devices by which Con- the confirmation of Calendar No. 84, reer, tried to give fair and objective gress reserved to itself or some component of Michael Chertoff. Finally, I ask con- Congress the power to reverse or alter Exec- consideration to both Republican and sent that following those votes, the utive Branch actions without enacting sub- Democratic Presidential nominees at President be immediately notified of stantive legislation. Mr. Olson was counsel all levels. on the briefs for the United States. the Senate’s action, and the Senate It has always been my policy to re- OTHER LEADING CASES then resume legislative session. view nominees to ensure that the Hopwood v. Texas (5th Circuit)—Holding The PRESIDING OFFICER. Is there nominee has the qualifications nec- that University of Texas School of Law ad- objection? essary to perform the job, to ensure missions policies violate Fourteenth Amend- Mr. LEAHY. Reserving the right to that the nominee will enforce the laws ment to the Constitution of the United object. of the land, and to ensure that the States. Mr. Olson is counsel of record for stu- dents denied admission under law school ad- The PRESIDING OFFICER. The Sen- nominee possesses the level of integ- mission policy which discriminated on the ator from Vermont. rity, character, and honesty that the basis of race and ethnicity. Mr. LEAHY. So I understand, the American people deserve and expect In Re Oliver L. North (D.C. Circuit)—At- first vote would be on the Olson nomi- from public office holders. torneys fee awarded to former President nation immediately? Having considered these factors, I Ronald Reagan in connection with Iran- have come to the conclusion that Ted Mr. HATCH. That is correct. Contra investigation. Mr. Olson represented Olson is fully qualified to serve as our former President Ronald Reagan in connec- Mr. LEAHY. No objection. great Nation’s next Solicitor General. tion with all aspects of Iran-Contra inves- The PRESIDING OFFICER. Without The Solicitor General’s Office super- tigation including fee application. objection, it is so ordered. Wilson v. Eu (California Supreme Court)— vises and conducts all Government liti- Upholding California’s 1990 decennial re- The motion was agreed to. gation in the U.S. Supreme Court. The apportionment and redistricting of its con- Mr. HATCH. For the information of Solicitor General helps develop the gressional and legislative districts. Mr. all Senators, under this agreement, Government’s positions on cases and Olson was counsel to California Governor there will be three consecutive rollcall personally argues many of the most Pete Wilson. votes on these nominations. significant cases before the Supreme Mr. NICKLES. I suggest the absence I ask for the yeas and nays on the Court. of a quorum. Olson nomination. Given these great responsibilities, it The PRESIDING OFFICER. The is no surprise that the Solicitor Gen- The PRESIDING OFFICER. Is there a clerk will call the roll. eral is the only officer of the United sufficient second? The senior assistant bill clerk pro- States required by statute to be ceeded to call the roll. There appears to be a sufficient sec- ‘‘learned in the law.’’ Mr. STEVENS. Mr. President, I ask ond. Mr. Olson’s background in the law is unanimous consent that the order for The yeas and nays were ordered. impressive. He received his law degree the quorum call be rescinded. Mr. HATCH. I ask unanimous consent in 1965 from the University of Cali- The PRESIDING OFFICER. Without it be in order for me to ask for the yeas fornia at Berkeley where he was a objection, it is so ordered. and nays on the other two votes. member of the California Law Review Mr. STEVENS. Mr. President, is it in The PRESIDING OFFICER. Without and graduated Order of the Coif. order for me to speak now on a matter objection, it is so ordered. Upon graduation, Mr. Olson joined not connected with this nomination? the firm of Gibson, Dunn, & Crutcher Mr. HATCH. I ask for the yeas and The PRESIDING OFFICER. It would in 1965, becoming a partner in 1972. nays on those votes. take unanimous consent. During this time, Mr. Olson had a gen- Mr. STEVENS. I ask unanimous con- Is there a sufficient second? eral trial and appellate practice as well sent to speak for 5 minutes. There appears to be a sufficient sec- as a constitutional law practice. The PRESIDING OFFICER. Without ond. In 1981, Mr. Olson was appointed by objection, it is so ordered. The yeas and nays were ordered. President Reagan to serve as Assistant

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5600 CONGRESSIONAL RECORD — SENATE May 24, 2001 Attorney General, Office of Legal knowledge of the Arkansas Project or lon Scaife. Let me emphasize that I am Counsel in the U.S. Department of Jus- anything else. There is nothing to show not alleging that Mr. Olson committed tice. During his 4 years in this posi- that he has done anything wrong, and perjury or told an out and out lie. But tion, Mr. Olson provided counsel to the there is no reason to keep searching. it seems to me that Mr. Olson was at- President, Attorney General, and heads The Washington Post, which is the tempting to minimize his participation of the executive branch departments. primary newspaper in which the allega- in the Arkansas Project and portray it After serving in the Reagan adminis- tions were raised and is not known for in the least objectionable light to those tration, Mr. Olson returned to private conservative editorials, concluded that of us on the Democratic side, rather practice. He has argued numerous cases Mr. Olson should be confirmed. It stat- than simply answering the questions before the Supreme Court, including ed that ‘‘there’s no evidence that his forthrightly and completely. As the one that we are all familiar with re- testimony was inaccurate in any sig- dispute developed, Mr. Olson’s sup- lated to this past election and the Flor- nificant way.’’ porters have gone to great lengths to ida election results. His vast experi- As chairman of the Constitution Sub- argue that he answered truthfully ence in litigating before the Supreme committee, I know that the Justice De- when he said: ‘‘I was not involved in Court will serve him well as Solicitor partment needs the Solicitor General the project in its origin or its manage- General. to be confirmed as soon as possible. ment.’’ But Senator LEAHY did not ask Based on this extensive experience in The representative for the United if he was involved in the origin or man- the law, it goes without saying that States to the Supreme Court is an ex- agement of the Arkansas Project. He Mr. Olson is ‘‘learned in the law.’’ Mr. tremely important position that has asked: ‘‘Were you involved in the so- Olson is obviously extremely well- been vacant for months. For the sake called Arkansas Project at any time.’’ qualified to serve as our next Solicitor of justice, it is critical that the Senate Mr. Olson was not adequately forth- General. acts on this nomination. coming in his answer to that question. Mr. THURMOND. Mr. President, I am I urge my colleagues to support Mr. The Solicitor General of the United very pleased to support Mr. Ted Olson Olson today. He deserves our support. I States is an extremely important posi- today to be Solicitor General. recognize that members have the right tion in our government. It is not only Mr. Olson is one of the most qualified to vote against a nominee for any rea- the third ranking official in the Justice people ever nominated for this posi- son. But, if they do, I firmly believe Department, it is the representative of tion. He has had an extensive and im- they will be voting against one of the the executive branch before the Su- pressive legal career, specializing in finest and most able men we have ever preme Court of the United States. I appellate law. He has argued many considered for Solicitor General. want the person in that position to be cases of great significance in the Fed- Mr. FEINGOLD. Mr. President, I not just technically accurate and eral courts, including 15 cases before have so far voted for all of President truthful in answering the questions of the U.S. Supreme Court. He also has Bush’s nominees for positions in the the Justices, but to be forthcoming. I written extensively and testified before Department of Justice and other execu- want the Solicitor General to answer the Congress on a wide variety of legal tive branch departments. As I have ex- the Justices’ questions not as a hostile issues. plained before, I believe that the Presi- witness would, narrowly responding In addition, he served admirably as dent’s choices for executive positions only to the question asked and reveal- Assistant Attorney General in the Of- are due great deference by the Senate. ing as little information as possible, fice of Legal Counsel under President I am very reluctant to vote against a but as a trusted colleague would, try- Reagan. He provided expert, non- qualified nominee for such a position. I ing to give as much relevant informa- partisan advice based on the law. I am have been criticized for some of my tion as possible in response not only to confident he will do the same as Solic- votes on this President’s nominations, the question as framed, but to the sub- itor General. For example, he has as- including my vote for Attorney Gen- stance of the question that the Justice sured the Judiciary Committee that he eral Ashcroft, and I’m sure I will take might have been asking, but might not will defend laws of Congress as long as criticism for some of my votes in the have precisely articulated. there is any reasonable argument to future. That is also how I want nominees be- support them. But, I have never said I will vote for fore Senate committees to answer Over the years, he has earned a dis- every executive branch nominee, and questions. Our questions at nomina- tinguished reputation in the legal com- today I must vote ‘‘No’’ on the nomina- tions hearings are not a game of munity. In fact, he has been endorsed tion of Theodore Olson to be Solicitor ‘‘gotcha.’’ We are not trying to trap for this position by a wide variety of General of the United States. nominees. We are attempting to elicit people in the profession, including Har- I am disappointed that the Senate is information that is relevant to our de- vard Law Professor Laurence Tribe. moving so quickly to a vote on this cision as to whether a nominee should Mr. Olson is a decent, honorable man, nomination. I believe that serious serve in the office to which he or she and a person of high character and in- questions exist about Mr. Olson’s can- has been nominated. We deserve forth- tegrity. He is one of the most capable dor in his testimony before the Senate coming and complete answers, not just and distinguished attorneys practicing Judiciary Committee. Although there technically truthful answers. We law today. has been some further inquiry about shouldn’t have to frame our questions Many allegations have been raised these matters in the past week, after so precisely as to preclude an evasive about Mr. Olson, but there is no merit the Judiciary Committee voted 9–9 on or disingenuous answer. We are not in to these charges. The fact that allega- Mr. Olson’s nomination, the Senate has a court of law. We don’t ask leading tions are raised does not mean they are not had time to review and digest even questions of nominees in order to pin true or that they have any signifi- the limited additional information them down to ‘‘yes’’ or ‘‘no’’ answers. cance. Based on reservations raised by that the inquiry uncovered. Without We want and expect nominees to give Democrats, the Judiciary Committee further time to resolve the questions us complete and open answers, to put has closely reviewed these matters. that our committee’s work has raised, on the record all the information they Throughout the process, Mr. Olson has I cannot in good conscience vote for have at their disposal that will help us been very cooperative and straight- Mr. Olson. exercise our constitutional duty to ad- forward with the committee. It is true Simply put, I am concerned that Mr. vise and consent. that he wrote in the American Spec- Olson was not adequately forthcoming Many Senators were concerned about tator about the scandals of the Clinton in his testimony before the Judiciary Mr. Olson’s highly partisan writings administration, and spoke with people Committee particularly on the issue of about the previous Administration, and involved with the magazine about his involvement with the so-called ‘‘Ar- particularly about the Department of these matters. After all, the Clintons kansas Project,’’ which was an effort to Justice under the previous Attorney were a major focus of the magazine, unearth scandals involving former General. They were concerned about and there were many scandals to report President Clinton and his wife, under- Mr. Olson’s association with an orga- about. This does not mean that Mr. taken by the American Spectator mag- nized and well-funded attempt to dig Olson misled the committee about his azine with funding from Richard Mel- up dirt on the President of the United

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5601 States. They asked questions to find Daschle Inouye Murray Viet Dinh is likewise eminently out what Mr. Olson did, and what he Dayton Johnson Nelson (FL) qualified for the position of Assistant Dodd Kennedy Reed knew. It was not just a question of Dorgan Kerry Reid Attorney General for the Office of Pol- whether Mr. Olson did something ille- Durbin Kohl Sarbanes icy Development. As Mr. Dinh told us gal or improper. Each Senator was and Edwards Landrieu Schumer during his confirmation hearing, he Feingold Leahy is entitled to make his or her own judg- Stabenow came to this country from Vietnam Feinstein Levin Torricelli Graham Lieberman ment about whether Mr. Olson’s in- Wellstone when he was ten years old under ex- Harkin Lincoln volvement with the Arkansas Project, Wyden traordinarily difficult circumstances. whatever it was, is relevant to his fit- Hollings Mikulski He went on to graduate from Harvard ness to serve as Solicitor General. We NOT VOTING—2 College and then Harvard Law School were entitled to complete and forth- Jeffords Rockefeller with honors. Mr. Dinh completed two coming answers to the questions that The nomination was confirmed. federal clerkships, one for Judge Lau- were asked. We did not get them. The PRESIDING OFFICER. The Sen- rence Silberman on the U.S. Court of Mr. Olson’s failure to be forthcoming ator from Vermont. Appeals for the D.C. Circuit, and the in his testimony has led me to have Mr. LEAHY. Mr. President, I ask other for Justice Sandra Day O’Connor concern about his ability to serve as unanimous consent that when the next on the Supreme Court. He then served Solicitor General, especially given the votes begin, which will be momen- as Associate Special Counsel to the special duties of that office. I would tarily, they be 10-minute rollcalls. Senate Special Committee to Inves- not vote against him simply because of The PRESIDING OFFICER. Without tigate Whitewater. In 1996, he became a his conservative views and record. I am objection, it is so ordered. professor at Georgetown University concerned about his fitness to be Solic- Mr. LEAHY. Mr. President, as I stat- Law Center, where he received tenure itor General. ed at the beginning of this debate, of last year. His academic writings evince Mr. Olson testified that the Solicitor course I respect the will of the Senate a sharp legal mind and keen judg- General owes the Supreme Court ‘‘ab- and the vote of every Senator. ment—attributes that are essential to solute candor and fair dealing.’’ I think I hope now that Mr. Olson has been lead the Office of Policy Development. that nominees owe Senate committees confirmed as Solicitor General, he will Both Mr. Dinh and Mr. Chertoff have that same duty when they testify at listen very carefully to the debate and distinguished themselves with hard nominations hearings. I do not think handle that position with the non- work and great intellect. I am con- that Mr. Olson met that standard and I partisanship and candor the office re- fident that they will do great service to don’t think the process surrounding quires. I congratulate him on his con- the Department of Justice and the citi- this nomination has allowed Senators firmation and wish him and his family zens of this country, and I support adequately to consider this important well. their nominations wholeheartedly. exercise of their duty to advise and I yield the floor. Mr. DOMENICI. Mr. President, I rise consent. I therefore, with regret, must f today in support of Viet Dinh, the President’s nominee to be Assistant oppose his nomination. NOMINATION OF VIET D. DINH TO The PRESIDING OFFICER. The Attorney General for the Office of Pol- BE AN ASSISTANT ATTORNEY icy Development. I have had the pleas- question is, Will the Senate advise and GENERAL consent to the nomination of Theodore ure of knowing him both professionally Bevry Olson, of the District of Colum- The PRESIDING OFFICER. Under and personally over the past several bia, to be Solicitor General of the the previous order, the clerk will re- years and cannot imagine a more quali- United States? On this question the port the nomination. fied candidate for this position. yeas and nays have been ordered. The The legislative clerk read the nomi- Professor Dinh’s journey began 23 clerk will call the roll. nation of Viet D. Dinh of the District years ago on a small fishing boat off of Columbia to be an Assistant Attor- The assistant legislative clerk called the coast of Vietnam. For 12 days, the ney General. the roll. ten-year-old Viet and 84 others fought Mr. HATCH. Mr. President, I strongly Mr. NICKLES. I announce that the storms, hunger, and gunfire as their support the nominations of Michael Senator from Vermont (Mr. JEFFORDS) boat drifted in the South China Sea. Chertoff to be Assistant Attorney Gen- is necessarily absent. Fortunately, Viet, his mother, and six eral for the Criminal Division and Viet Mr. REID. I announce that the Sen- siblings, reached a refugee camp after Dinh to be Assistant Attorney General ator from West Virginia (Mr. ROCKE- coming ashore in Malaysia. After being for the Office of Policy Development. admitted to the United States Viet’s FELLER) is necessarily absent. Both nominees have outstanding The PRESIDING OFFICER. Are there family arrived in Oregon and later qualifications. Mr. Chertoff graduated moved to California, where Viet be- any other Senators in the Chamber de- with honors from both Harvard College siring to vote? came a U.S. citizen. and Harvard Law School, then served Those early years presented many The result was announced—yeas 51, as a law clerk for Justice Brennan of challenges for Viet and his family. nays 47, as follows: the U.S. Supreme Court. He also served They had little money and worked long [Rollcall Vote No. 167 Ex.] as an Assistant U.S. Attorney for the hours in the berry fields. Moreover, YEAS—51 Southern District of New York, and as Viet’s father had been incarcerated in Allard Fitzgerald Murkowski the U.S. Attorney for the District of Vietnam because of his role as a city Allen Frist Nelson (NE) New Jersey. In 1994, Mr. Chertoff councilman. It was not until 1983 that Bennett Gramm Nickles Bond Grassley Roberts served as Special Counsel for the U.S. they were finally reunited after his fa- Brownback Gregg Santorum Senate Special Committee to Inves- ther’s successful escape from Vietnam. Bunning Hagel Sessions tigate Whitewater and Related Mat- Despite this tumultuous beginning, Burns Hatch Shelby ters. Most recently he has worked as a Dinh persevered. More than that, he Campbell Helms Smith (NH) Chafee Hutchinson Smith (OR) partner at the prestigious law firm of excelled. Perhaps those early obstacles Cochran Hutchison Snowe Latham & Watkins, where he is na- hardened Viet’s resolve and fueled his Collins Inhofe Specter tional chair of the firm’s white collar rapid ascent through the legal profes- Craig Kyl Stevens Crapo Lott Thomas criminal practice. He was also ap- sion. DeWine Lugar Thompson pointed Special Counsel by the New Viet graduated magna cum laude from Domenici McCain Thurmond Jersey Senate Judiciary Committee in both Harvard College and Harvard Law Ensign McConnell Voinovich its inquiry into racial profiling by School, where he was a class marshal Enzi Miller Warner state police. As his distinguished ca- and an Olin Research Fellow in law and NAYS—47 reer illustrates, Mr. Chertoff is well economics. He served as a law clerk to Akaka Boxer Carper suited to lead the Department of Jus- Judge Laurence H. Silberman of the Baucus Breaux Cleland tice Criminal Division—which explains U.S. Court Appeals for the D.C. Circuit Bayh Byrd Clinton Biden Cantwell Conrad why his nomination has received sig- and to U.S. Supreme Court Justice Bingaman Carnahan Corzine nificant bipartisan support. Sandra Day O’Connor.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5602 CONGRESSIONAL RECORD — SENATE May 24, 2001 Shortly after Viet completed his Su- ment with the Federalist Society. In trict of Columbia, to be an Assistant preme Court clerkship, he came to answer to questions by Senator DUR- Attorney General? On this question the work for the U.S. Senate, where I had BIN, Professor Dinh testified that he yeas and nays have been ordered, and the opportunity to work with him for did not know whether the Federalist the clerk will call the roll. the first time. He quickly dem- Society had a stated philosophy and The legislative clerk called the roll. onstrated his outstanding legal ability, that he viewed it simply as ‘‘a forum Mr. NICKLES. I announce that the superb professional judgment, and fine for discussion of law and public policy Senator from Vermont (Mr. JEFFORDS) character. from both sides.’’ (Tr. 71, 73). Yet the is necessarily absent. Professor Dinh’s record of achieve- Federalist Society itself states quite Mr. REID. I announce that the Sen- ment continued in academia. Viet cur- prominently on its internet website ator from Wisconsin (Mr. KOHL) and rently is a professor of law at George- that it is ‘‘a group of conservatives and the Senator from West Virginia (Mr. town University, where he is the dep- libertarians interested in the current ROCKEFELLER) are necessarily absent. uty director of the Asian Law and Pol- state of the legal order’’ and concerned The PRESIDING OFFICER (Mr. EN- icy Studies Program. In addition to his with the alleged domination of the SIGN). Are there any other Senators in expertise in Asian law, Professor Dinh legal profession ‘‘by a form of orthodox the Chamber desiring to vote? is accomplished in constitutional law, liberal ideology which advocates a cen- The result was announced—yeas 96, corporate law, and international law. tralized and uniform society.’’ I do not, nays 1, as follows: He has also served as counsel to the of course, suggest that membership in [Rollcall Vote No. 168 Ex.] special master mediating lawsuits by the Federalist Society should dis- YEAS—96 Holocaust victims against German and qualify someone from public office, any Austrian banks. Akaka Dorgan Lugar more than should membership in other Allard Durbin McCain Since he left the Senate, I have organizations such as the American Allen Edwards McConnell called on him from time to time for Civil Liberties Union that seek to pro- Baucus Ensign Mikulski counsel on constitutional issues. On mote a particular political philosophy Bayh Enzi Miller each occasion, Viet exhibited a com- Bennett Feingold Murkowski or agenda. Nevertheless, it is simply Biden Feinstein Murray prehensive knowledge of the law and not accurate to portray the Federalist Bingaman Fitzgerald Nelson (FL) extraordinary energy. Society as a non-partisan debating so- Bond Frist Nelson (NE) In closing, I believe that Professor ciety. Boxer Graham Nickles Dinh’s character, along with his distin- Breaux Gramm Reed In his writings, Professor Dinh, like Brownback Grassley Reid guished academic and professional ac- other members of the Federalist Soci- Bunning Gregg Roberts complishments, make him uniquely ety, has condemned what is sometimes Burns Hagel Santorum qualified to serve in the Department of called ‘‘judicial activism.’’ However, Byrd Harkin Sarbanes Justice. It is, thus, with great pleasure Campbell Hatch Schumer when I asked Professor Dinh in my Cantwell Helms Sessions that I will vote for his confirmation. written questions to cite some specific Carnahan Hollings Shelby Mr. LEAHY. Mr. President, I am pre- cases where courts that had occurred, Carper Hutchinson Smith (NH) pared to vote in favor of Professor Chafee Hutchison Smith (OR) the only example he provided was a Dinh’s nomination to be the Assistant Cleland Inhofe Snowe California decision from 1854 that dealt Cochran Inouye Specter Attorney General for the Office of Pol- with the disqualification of persons of Collins Johnson Stabenow icy Development at the Department of Conrad Kennedy Stevens Chinese ancestry from testifying in Justice. I do so, however, with reserva- Corzine Kerry Thomas court. While obviously no one would Craig Kyl Thompson tions. Crapo Landrieu Thurmond Like other members of the com- disagree with Professor Dinh’s con- demnation of that odious decision, his Daschle Leahy Torricelli mittee, I admire Professor Dinh and his Dayton Levin Voinovich family for the courage they displayed answer is not particularly enlightening DeWine Lieberman Warner as to what he views as the proper lim- Dodd Lincoln Wellstone during their extraordinary journey to Domenici Lott Wyden this country from Vietnam. I also do its on the role of the judiciary in the not question Professor’s Dinh’s obvious 21st century. Many legal scholars re- NAYS—1 intelligence or his academic achieve- gard the Supreme Court’s decision in Clinton Bush v. Gore as a recent and obvious ments. If we were evaluating a nominee NOT VOTING—3 example of a court’s overstepping its for a teaching position, I would vote Jeffords Kohl Rockefeller for him without hesitation. role and improperly injecting itself However, I am concerned by Pro- into the political arena. Yet, when I The nomination was confirmed. fessor Dinh’s relative lack of experi- asked Professor Dinh specifically about f that case in my written questions, he ence for the position in the Depart- NOMINATION OF MICHAEL stated that, in his opinion, the Su- ment of Justice for which he has been CHERTOFF TO BE AN ASSISTANT preme Court Justices had ‘‘exercised nominated. One of the major respon- ATTORNEY GENERAL sibilities of the Office of Policy Devel- their judgment in a thoughtful and opment at the Department of Justice, prudent manner given the nature of the The PRESIDING OFFICER. Under which Professor Dinh has been nomi- case, the rulings below and the con- the previous order, the clerk will re- nated to head, is the evaluation of the straints of time.’’ port the nomination. qualifications and fitness of candidates Despite my misgivings, I have de- The assistant legislative clerk read for the Federal judiciary. Yet Professor cided to vote in favor of Professor the nomination of Michael Chertoff, of Dinh, as he concedes, has never ap- Dinh’s nomination. I believe that he New Jersey, to be an Assistant Attor- peared as an attorney in a court of law. has answered the Committee’s ques- ney General. Aside from being a law clerk and an tions. I am giving him the benefit of all Mr. CORZINE. Mr. President, I am academic, Professor Dinh’s principal doubts and giving deference to the pleased to support the nomination of real-world experience since graduating President’s decision with respect to Michael Chertoff to be Assistant Attor- from law school in 1993 has been as as- this appointed policy position. More- ney General for the Criminal Division. sociate counsel to the Republicans in over, regardless of Professor Dinh’s po- Mr. Chertoff has ably served the citi- the Senate Whitewater investigation of litical views and associations, I credit zens of New Jersey in numerous capac- President Clinton. While that was no his assurances that he will exercise his ities, as well as the Department of Jus- doubt an excellent introduction to the judgment based upon the merits of tice and indeed the Nation. We will all world of partisan politics, it hardly legal positions and judicial candidates be fortunate to have his tremendous provides a model of the apolitical and he is called upon to evaluate rather skills at the helm of the Criminal Divi- unbiased pursuit of justice that ought than on political ideology. sion. to characterize the operations of the The PRESIDING OFFICER. Under Mr. Chertoff has impeccable creden- United States Department of Justice. the previous order, the question is, Will tials, not the least of which is being a I am also concerned by Professor the Senate advise and consent to the native New Jerseyan. He attended Har- Dinh’s testimony about his involve- nomination of Viet D. Dinh, of the Dis- vard College, then Harvard Law

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5603 School, where he was Editor of the will not allow partisanship to influence MORNING BUSINESS Harvard Law Review. He then served as the exercise of his judgment on the Mr. CRAIG. Mr. President, I ask a Supreme Court law clerk. In both pri- legal merits of questions he will ad- unanimous consent that there now be a vate practice and public service since dress as the Assistant Attorney Gen- period of morning business with Sen- then he has developed a reputation as a eral for the Criminal Division. I credit ators permitted to speak therein for up brilliant, tough, fair, and truly world his assurances, and for that reason I to 10 minutes each. class litigator, and earned the respect am voting for his nomination. The PRESIDING OFFICER. Without of his peers and adversaries. Indeed, The PRESIDING OFFICER. The objection, it is so ordered. one New Jersey paper has even sug- question is, Will the Senate advise and Mr. CRAIG. I yield the floor. gested he might be New Jersey’s ‘‘Law- consent to the nomination of Michael The PRESIDING OFFICER. The Sen- yer Laureate.’’ While I should acknowl- Chertoff, of New Jersey, to be an As- ator from Connecticut is recognized. edge that we might not agree on every sistant Attorney General? On this Mr. DODD. I see a number of Mem- issue, I consider Mr. Chertoff to be one question the yeas and nays have been bers who may want to speak. I am of the finest lawyers my State has to ordered. The clerk will call the roll. going to use about 10 minutes. If my offer. The assistant legislative clerk called colleague has a short statement, or the From 1990 to 1994, Mr. Chertoff served the roll. Senator from Alaska does, I don’t want New Jersey exceptionally well as our Mr. NICKLES. I announce that the to keep them. U.S. Attorney, where he tackled orga- Senator from Vermont (Mr. JEFFORDS) Mr. SESSIONS. Mr. President, I have nized crime, public corruption, health and the Senator from Tennessee (Mr. about a 5-minute statement, but I am care fraud and bank fraud. Unlike his FRIST) are necessarily absent. pleased to allow the Senator from Con- predecessors, as U.S. Attorney he con- Mr. REID. I announce that the Sen- necticut to go first. tinued to try cases himself, and his ator from Wisconsin (Mr. KOHL) and Mr. DODD. I thank the Senator. long hours and unending commitment the Senator from West Virginia (Mr. Mr. SESSIONS. If the Senator will to the job and the citizens of New Jer- ROCKEFELLER) are necessarily absent. yield, I ask unanimous consent to be sey were legendary. He tackled the The PRESIDING OFFICER. Are there recognized after the Senator from Con- highest-profile cases in a serious and any other Senators in the Chamber de- necticut. thoughtful manner, and, despite being siring to vote? The PRESIDING OFFICER. Without one of the youngest U.S. Attorneys in The result was announced—yeas 95, objection, it is so ordered. the Nation, raised the profile and rep- nays 1, as follows: The Senator from Connecticut is rec- utation for excellence of the U.S. At- [Rollcall Vote No. 169 Ex.] ognized. torney’s Office in Newark. YEAS—95 More recently, Mr. Chertoff has f Akaka Dorgan McCain played a critical role in helping the Allard Durbin McConnell A CHANGE IN THE SENATE New Jersey State legislature inves- Allen Edwards Mikulski tigate racial profiling. As Special Baucus Ensign Miller Mr. DODD. Mr. President, I rise for a Counsel to the State Senate Judiciary Bayh Enzi Murkowski couple of minutes to briefly discuss the Bennett Feingold Murray change that occurred today in the Sen- Committee, he helped the committee Biden Feinstein Nelson (FL) ate and to share some thoughts, if I probe how top state officials handled Bingaman Fitzgerald Nelson (NE) racial profiling by the State Police. His Bond Graham Nickles may. Boxer Gramm Reed First, I think I can safely speak for work was bipartisan and thoroughly Breaux Grassley Reid professional, and helped expose the fact Brownback Gregg virtually all of us in this Chamber on Roberts Bunning Hagel both sides of the aisle in expressing our that for too long, state authorities Santorum Burns Harkin were aware that statistics showed mi- Sarbanes affection for our colleague from Byrd Hatch Schumer Vermont. He has been a friend to us for nority motorists were being treated Campbell Helms unfairly by some law enforcement offi- Cantwell Hollings Sessions many years. He is known in this body Shelby cials, and yet ignored the problem. Carnahan Hutchinson as a good and decent man. I have no Carper Hutchison Smith (NH) doubt that the high esteem in which he Mr. Chertoff is one of our Nation’s Chafee Inhofe Smith (OR) most competent and respected lawyers, Cleland Inouye Snowe has been held will continue. with a very distinguished record of Cochran Johnson Specter Secondly, I think it bears mentioning public and private service. I urge my Collins Kennedy Stabenow that despite the change in the caucus Conrad Kerry Stevens ratio that will soon occur, the Senate colleagues to join me in support of his Corzine Kyl Thomas nomination. Craig Landrieu Thompson is going about its business today much Mr. LEAHY. Mr. President, I am vot- Crapo Leahy Thurmond as it did yesterday and much as I am ing in favor of Mr. Chertoff’s nomina- Daschle Levin Torricelli confident it will in the days to come. Dayton Lieberman Voinovich tion to be the Assistant Attorney Gen- DeWine Lincoln Warner That is how this institution functions, eral for the Criminal Division at the Dodd Lott Wellstone and whether ratios change by 1 or 2 in Department of Justice. Domenici Lugar Wyden one direction or the other is certainly I have been concerned that Mr. NAYS—1 big political news for some, I guess. My Chertoff, like several of the President’s Clinton guess is that the substantive work will other nominees for top positions in the continue much as it has, with us hav- Department of Justice, has a history of NOT VOTING—4 ing to work out differences and com- partisan political activities. Mr. Frist Kohl promise to benefit the public at large. Chertoff was special counsel to the Re- Jeffords Rockefeller This conduct of business according to publicans in the Senate Whitewater in- The nomination was confirmed. established and familiar routines is a vestigation of President Clinton, which ∑ Mr. ROCKEFELLER. Mr. President, I good sign that the Senate will to a hardly provided a model for the apo- was absent from this afternoon’s three large degree continue to operate on a litical and unbiased search for justice confirmation votes on Justice Depart- bipartisan basis to accomplish the that ought to characterize the oper- ment officials because of a family fu- work the American public sent us here ations of the United States Depart- neral. I regret that I was absent for to do. ment of Justice. these unanticipated rollcall votes.∑ This change will, without a doubt, Fortunately, however, Mr. Chertoff The PRESIDING OFFICER. The have an impact on committee ratios, also has an established track record as President shall be immediately noti- on the subject of hearings and wit- a Federal prosecutor apart from his in- fied of the Senate’s action. nesses, and on the substance of legisla- volvement with the Whitewater Com- f tion we will consider, to some degree. mittee. More importantly, he has an- However, just as important, it should— swered the committee’s questions LEGISLATIVE SESSION and I believe will—cement the need for about his political activities and has The PRESIDING OFFICER. The Sen- bipartisanship in how we conduct our given appropriate assurances that he ate will return to legislative session. business and in how we govern together

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5604 CONGRESSIONAL RECORD — SENATE May 24, 2001 with the administration and the other that will establish some minimum na- Lastly, when in 1990 Bob Dole and body. tional requirements to ensure that vot- President George Bush joined with We in the Democratic Caucus now ers, on Presidential races and races in- George Mitchell, TED KENNEDY, and share a new responsibility with our Re- volving the National Legislature, re- others to enact the Americans with publican friends for addressing and ad- gardless of race, disability, or language Disabilities Act, we did not leave it to vancing, as equal partners, the inter- minority, will not be turned away from chance as to whether public facilities ests of the larger American public. I the polls in the next Presidential elec- would be accessible to the disabled. We know of nobody in our caucus who tion. This legislation has well over 100 decided as a country that the time had shrinks from or shirks that responsi- cosponsors in the House of Representa- come to remove those barriers to ac- bility. Indeed, I think we all welcome tives, the other body, and 50 cosponsors cess. it. in this Chamber. At critical moments, whether it was Likewise for our Republican friends, This bill would establish three com- to go to a restroom or a restaurant or bipartisanship will now become as monsense requirements: to have access to a hotel or any other much a necessity for them as it has First, that all voting machines and public accommodation, we said that been for us Democrats. systems used in Federal elections, people had the right to be there, and in Perhaps most importantly, it will starting in the year 2004, conform to the case of a voting booth, it certainly not be enough any longer to embrace uniform, nondiscriminatory standards ought to hold no less a status than a bipartisanship in word; we will from to ensure that no voter will be restaurant, restroom, hotel, or any now on have to demonstrate it in deeds disenfranchised because of race; that other public accommodation. People as well. I look forward to beginning blind and disabled voters can vote with ought to have the right to be in that this new chapter in the Senate’s his- independence and privacy; language voting booth, to cast their vote and tory with all of our colleagues. minorities can read ballots and in- have it counted. On that score, allow me to say that I structions in their native language; At critical moments in our history, hope one of the first orders of business and all of us can vote with the assur- such as those I just enumerated, our we will take up after reorganizing will ance that our vote will not be canceled Nation has been resolved in advancing be election reform. I realize we have because of overvotes, undervotes, or the cause of equality and freedom. We many important matters to consider outdated machinery. have not settled for voluntary meas- regarding education, a Patients’ Bill of Second, the bill requires that all ures when fundamental rights were at Rights, prescription drugs, energy, the States provide for provisional voting so stake. I believe the same resolve is environment, environmental protec- that no voter who goes to the polls is tion, minimum wage, and foreign and called for at this moment in our his- told he or she cannot vote because defense policies. The list is rather long tory when we know that so many their name is not on a registration list and tremendously worthwhile. Americans, perhaps millions, were de- But I submit to our colleagues that or their identification is not good nied the right to vote and the right to election reform is also an issue that de- enough. have their vote counted. With the same Third, and lastly, the bill provides serves our early consideration in the resolve demonstrated in times past, we Senate. It is an issue of fundamental that all voters receive a copy or sample can assure that will never happen importance for the simple reason that ballot with instructions on how to again in America as it was so unjustly it concerns the most fundamental of vote, including their rights as voters. denied to many in the previous elec- In this Senator’s view, with any leg- American rights, the right to vote. I tions. know a number of our colleagues on islation that doesn’t include these I urge my colleagues to take a look both sides of the aisle have given var- three national requirements is simply at the proposed legislation. When we ious opinions on this matter, and even unacceptable. return after the break, I invite any Bills that only offer, on a voluntary drafted legislation. These include my comments, thoughts, and ideas on how colleague from Arizona, Senator basis, funding for States to take cer- this bill can be improved, but I hope tain actions will not ensure that Amer- MCCAIN, Senator HOLLINGS, Senator there will be strong bipartisan support icans—African Americans, Hispanic MCCONNELL of Kentucky, Senator for this effort. I yield the floor. Americans, Asian Americans, the blind SCHUMER, Senator BROWNBACK, Senator The PRESIDING OFFICER. The Sen- and disabled, and many others—work- TORRICELLI, and others. ator from Alabama. There are a lot of ideas kicking ing men and women across the coun- f try, can exercise their most precious around on how we might improve the RETIREMENT OF NANCY BRIANI electoral process in this country. The right to vote and to have their vote list reflects a widespread and bipar- counted. Mr. SESSIONS. Mr. President, I rise tisan recognition that the events of Forty-seven years ago this month, today to recognize a member of my last November—not just in Florida and the Supreme Court issued its landmark staff, Nancy Briani, who will be retir- not just last November, but ones that decision in the case of Brown v. Board ing from the Senate at the end of this have been ongoing for a number of of Education. On that May day, the month. She will be sorely missed by me years—illustrate that our electoral Court did not rule that States could de- and all who have had the opportunity system is in need of repair and reform. segregate their classrooms. It ruled to work with her. With only one-half of all the eligible that they would do so ‘‘with all delib- Nancy began her career in the Senate voters in this country participating in erate speed,’’ in the now famous words 25 years ago when she joined the staff a Presidential election and one-quarter of that decision. of Senator Jim Pearson of Kansas as a of those eligible voters choosing the Thirty-seven years ago, when we receptionist. President of the United States, then I wrote the Civil Rights Act, the Con- Following Senator Pearson’s retire- think all of us recognize that, if we do gress did not say that restaurants, ment in 1978, Nancy became office nothing else, there is need for reform stores, hotels, and other public accom- manager for his successor—Senator that would make this process more in- modations could desegregate their fa- Nancy Landon Kassebaum. From the clusive, to reach out to every American cilities. We decreed that they would do setting up of that freshman Senator’s who is not participating in this proc- so, and do so without delay. office to closing down operations and ess. When, in 1965, we passed the Voting turning in the keys 18 years later, I hope we will act in that recognition Rights Act, the Congress did not say Nancy was there and remains a very in the weeks to come, and I hope we States could, if they so chose, do away close friend of Senator Kassebaum. will pass legislation which ensures that with barriers to voting such as poll She has approached her job as office many of the mistakes and wrongs, if taxes and literacy tests. We said they manager in a diligent and methodical you will, in the electoral process will had to do away with it because the fashion. She recognizes that well-orga- forever be events of the past, never to right to vote was far too precious and nized support functions are a critical be repeated. too vital to be in any way denied to foundation in the hectic and fast-paced Congressman JOHN CONYERS of Michi- any American citizen based on race or environment of a Senate office. Nancy gan and I have introduced legislation ethnicity. has consistently brought to her work a

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5605 quiet, but firm, determination to see ing their admiration for her as she had American Folklife Center, where the that things are done properly. She a reception this afternoon. I am grate- veteran’s collections will be preserved stayed, as we were taught many years ful for her efforts and the dedication as and shared with all. Nearly all of us ago, until it was done right. a member of my staff. I wish her and have worked closely with the American During her tenure in the Senate, her husband, Vince, who retired a few Folklife Center. Many of you will re- Nancy helped guide her coworkers years ago after a career with NASA— call the recent Local Legacies Project, through the transition from 3-color he was with NASA during the glory done for the Library of Congress bicen- carbon sets to the computer age, and days of the space age—I wish Nancy tennial last year, and other programs she is a good manager of computers. It and her husband, Vince, all the best in it has undertaken over the years. fell upon her to determine how to file their future years. We look forward to As we approach Memorial Day I ask the ‘‘yellows’’ in a post-carbon era and seeing you both on a regular basis and the Senate to reaffirm our commit- how to assure that documents were not thank you again for the great contribu- ment to our veterans and show our sup- ‘‘lost in space’’ due to haphazard filing tions you have made to the success of port for the Veterans History Project. and forgotten file names. our office and to the people of the As a grateful nation, we must preserve Her proofreading skills are not lim- United States. and honor their memories for genera- tions to come. ited to catching typos. Rather, she f brings to bear the full force of her f VETERANS HISTORY PROJECT early experience and training as a A VICTORY FOR PEOPLE WHO teacher. One of the most well thumbed Mr. STEVENS. Mr. President, I call CARE ABOUT KIDS cards in her Rolodex is that of the to the attention of the Senate the Vet- Mr. LEVIN. Mr. President, at the be- Grammarphone—a grammar hotline erans History Project that is currently ginning of this year, the State of operated by Frostburg State being developed by the Library of Con- Michigan enacted a ‘‘shall issue’’ law Universtity—to make sure our mate- gress. that makes it easier to obtain a con- rial goes out correctly. After all, a Sen- This is a project that is dear to the cealed carry permit and will increase ator ought to know how to punctuate hearts of all Americans and a project the number of guns on our streets. The correspondence. to which the Congress gave our unani- law, which was scheduled to go into ef- Shortly after my election to the Sen- mous support when we passed Public fect on July 1, 2001, takes discretion ate in 1996, I had the good fortune of Law 106–380 last fall. Jut as a new me- away from local gun boards and re- bringing Nancy onto my staff after morial on the Mall will honor our WW quires authorities to issue a license to Nancy Kassebaum retired. Her years of II veterans, a living memorial to all our war veterans will be created by the carry a concealed weapon to any appli- experience and her solid profes- cant who meets basic eligibility re- Veterans History Project. This project, sionalism proved invaluable to me in quirements. which is part of the American Folklife putting together my office here in Most law enforcement groups in Washington. Center at the Library of Congress, will Michigan reject the proliferation of Her effective management of the day- collect oral histories, along with let- concealed weapons in our communities to-day operations of my office has ters, diaries, photographs, and other and warn that this law will move our made a real difference in my ability to papers from veterans of World War I, State in a dangerous direction. Simi- serve the people of Alabama. World War II and the Korean, Vietnam, larly, gun safety groups, including the The work that Nancy has done in her and Persian Gulf wars, as well as from Michigan Partnership to Prevent Gun 25 years of service in the Senate does those who served in support of them. Violence and the Michigan Million not produce headlines in the newspaper The Veterans History Project will cre- Mom March, have voiced their con- or segments on TV talk shows. Indeed, ate this national collection by creating cerns that the expected ten-fold in- this is the first time in her 25 years partnerships and encouraging partici- crease in the number of concealed that she has come on to the floor of the pation from a wide range of veterans’ weapons on Michigan’s streets would Senate Chamber. Young staff members organizations, military installations, jeopardize the safety of our children. get to do that if they are working on civic groups, museums, libraries, his- These and other groups that oppose the legislation, but she has been doing her torical societies, students and teach- ‘‘shall issue’’ law joined together to job managing the work product in our ers, colleges and universities, and citi- form the coalition of People Who Care office. zens and the families of our veterans About Kids and successfully collected In fact, the best mark of success for nationwide. more that 230,000 signatures on a peti- an office manager is that the smooth This is an important national project tion calling for a referendum on the operation of an office is taken for and one that we should continue to law. granted. In that, Nancy has excelled. support. Of the 19 million war veterans Last week, the Michigan State Court The truth is that Nancy lives by the living in our Nation today, nearly 1,500 of Appeals came down on the side the greatest American virtues. She is di- of them die each day—1,100 of them voters of the State, agreeing that they rectly honest, she is exceedingly dili- having served in World War II. While should be able to decide on the law in gent in her work, always taking care to their own monument is under construc- a referendum. The appeals panel stated ensure that things are completed and tion, we can build a lasting national that ‘‘the overarching right of the peo- done right. I have greatly admired her collection that will preserve their war- ple to their ‘direct legislative voice’ ’’ frugality, a trait that has fallen from time memories, actions and experi- overrides a constitutional prohibition favor but which is much needed today. ences. Through this national project against referenda for laws that include She watches every penny of the tax- we have to encourage local projects spending provisions. Unless the deci- payers’ money in a way I greatly ad- and local archives that will collect oral sion is overturned by the Michigan Su- mire. histories of all our war veterans for our preme Court, the voters of Michigan In a host of ways, Nancy has lived by children and our children’s children. will be able to voice their opinions on these great American values and has This is a project worthy of consider- the ‘‘shall issue’’ law in a referendum taught them to hundreds of young peo- ation by all Senators as they return in November 2002. ple who have worked with her as in- home for Memorial Day. That is the This unanimous decision by the terns and young staffers over the reason I come to the Chamber. State Court of Appeals panel is not years. Such richness of contribution I thank our colleagues in the Senate, only a victory for the voters of Michi- simply cannot be replaced. Senator CHUCK HAGEL and Senator MAX gan, but also for the safety of our chil- As Nancy leaves the Senate to start a CLELAND for bringing this opportunity dren and the security of our commu- new chapter in her life, she can take to us and to the citizens of our great nities. I am convinced the people of great pride and satisfaction in the ac- Nation—a lasting democracy due to the Michigan want to find ways to decrease complishments she has made and the sacrifices of the men and women hon- the amount of gun violence in our com- respect she has earned. ored by the Veterans History Project. munities, not remove discretion from Just today, staff people from all over I will support funding for this project local gun boards with the goal of in- this Senate were in our office express- and for the operations of the Library’s creasing the number of guns on our

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5606 CONGRESSIONAL RECORD — SENATE May 24, 2001 streets. I am pleased that they will brought us so far in the past decade? Welton, 33, was charged with a hate have a say in this important issue that Much to my chagrin, I am no longer crime in the murder of Michael Hatch, so directly impacts their lives. confident that these questions will be a 22-year-old hearing-impaired, dis- f answered affirmatively. abled man on October 20. Prosecutors Indeed, we have passed a bill that re- contend that Hatch was robbed and FINAL PASSAGE OF THE TAX BILL lies heavily on a surplus whose size six beaten to death with a tire iron in part Mr. LIEBERMAN. Mr. President, this months down the road is unclear, to because his assailants thought he was is a sad day for the U.S. Senate and say nothing of its dimensions ten years gay. Three perpetrators allegedly lured America’s economic future. Yesterday from now. The inflated size of this tax Hatch from a bar because one of them we rushed through an unbalanced, cut may well force us to set discre- had gone to school with him and backloaded, overbloated tax-cut that tionary spending at levels that don’t thought he was gay. They allegedly we literally cannot afford, that runs a keep pace with inflation. We may be shouted gay slurs during the beating. substantial risk of driving us back into forced to return to the fiscally-destruc- I believe that government’s first duty the ditch of deficits and higher interest tive practice of deficit spending by bor- is to defend its citizens, to defend them rates, and in the end could affect our rowing from the Social Security and against the harms that come out of long-term prosperity which we have Medicare trust funds. Additionally, hate. The Local Law Enforcement En- worked so hard to build. And for what this tax cut pays nothing but lip serv- hancement Act of 2001 is now a symbol purpose? To meet the arbitrary dead- ice to reducing the national debt, the that can become substance. I believe line of passing a bill by Memorial Day. very step that has proven to be so valu- that by passing this legislation, we can This bill and the whole process for able to the health of our economy in change hearts and minds as well. considering it is a case study in irre- recent years by keeping the cost of f sponsibility, not just fiscally but gov- capital and interest rates low. In fact, ADOPTION TAX CREDIT ernmentally. By squandering the sur- this bill crowds our ability to devote a plus this way, we are squandering an single dollar, aside from funds already Ms. LANDRIEU. Mr. President, I historic opportunity to meet a number committed to the Medicare and Social would like to take this opportunity to of national needs and to strengthen our Security Trust Funds, toward debt re- thank the Chairman from Iowa, and economic security in the coming years. duction. the Ranking Member from Montana for We lost an opportunity to pass not just I am especially concerned that the their distinguished leadership on the a tax plan but a prosperity plan, geared idea of an immediate economic stim- tax cut bill. Their support of the adop- to long-term economic growth. We lost ulus has been abandoned. During the tion tax credit amendment made the an opportunity to pay down the debt debate on the budget resolution last crucial difference in its being accepted and keep interest rates low. month, we Democrats argued that the as part of the manager’s package. Both We may well have lost an oppor- economy needed a jump-start and our are true friends to children and fami- tunity to pass a strong prescription colleagues on both sides of the aisle lies and should be commended for their drug benefit and strengthen the long- agreed to adopt a stimulus package. willingness to ensure that this bill re- term stability of Medicare and Social Our plan was fair. It was fast. And it flects the needs of adoptive parents. I Security for the retirement of the baby was fiscally responsible. It was fair be- would also like to thank Senators LIN- boom generation. And we may have cause it was directed at every Amer- COLN, LIEBERMAN, JOHNSON, MIKULSKI, lost an opportunity to make strategic ican who paid any taxes—payroll or in- BOXER, DASCHLE, DEWINE, HARKIN, investments in education, job training, come. It was fast because it would go SANTORUM, SHELBY, STEVENS, COCHRAN, scientific research—all of which we into effect immediately, with rebate DAYTON, DURBIN, HUTCHINSON, KOHL, know are critical to expanding the win- checks being cut within weeks. And SESSIONS, SMITH of New Hampshire, ners’ circle in this innovation econ- not least of all, it was fiscally respon- and FITZGERALD. omy. In short, we lost an opportunity sible because it fit into a balanced This is not the first time that I have to make the surplus work for us. In- budget that did not spend money we do come to this floor to urge my col- stead, we have given it all away in a not have. Unfortunately, the so-called leagues to support efforts to strength- tax cut tilted to give the most help to stimulus included in the tax bill we en and extend the adoption tax credit. those who need it least. just passed does none of those things. In fact, each and every time that this I support tax cuts, and have voted for This bill may prove to be nothing but body considered the issue of tax relief, tax cuts, but they should be cuts we a one trick pony, and, if so, it’s a bad the senior Senator from Idaho and I can afford. Some of the tax reductions trick to play on the American people. have come before the Senate to argue for which I have advocated were in- No matter the well-intentioned claims that the adoption tax credit should be cluded in this bill as part of the man- of my colleagues, this bill promises included. And while this is not the first ager’s amendment. Specifically, this something we cannot deliver. It aban- time that this important measure has amendment makes the R&D tax credit dons fiscal discipline, fails to invest been successfully adopted as part of a permanent, an issue on which I have the wealth our Nation has earned over tax bill, I am hopeful that it will be the been working for many years, makes a the past eight years, and may send us last. start on college tuition deductibility, back down the road to debt, higher in- Because of our action here, 60,000 and accelerates the wage credits for terest rates, and higher unemploy- plus children will find their ‘‘forever Round II Enterprise Zones, a program I ment. It is not what the American peo- families’’ in the year to come. Parents have supported from its inception. ple deserve, nor is it what they ex- who have long dreamed about adopting These provisions, however, do not pected it to be. will finally have the help necessary to make up for the fiscal irresponsibility f make those dreams a reality. I could be and lack of vision this bill represents. wrong, but I would guess that few parts I cautioned earlier this year that ten LOCAL LAW ENFORCEMENT ACT of the tax code can compare to the im- years from now, we will be judged by OF 2001 pact had by the adoption tax credit. the decisions we make today. People Mr. SMITH of Oregon. Mr. President, Each time a child finds a loving home, will ask, did we fully understand the I rise today to speak about hate crimes we have not only saved children and awesome changes taking place in our legislation I introduced with Senator strengthened a family, but we have economy and in our society? Did we KENNEDY last month. The Local Law also saved billions of taxpayer’s dol- create a plan to assure our ongoing Enforcement Act of 2001 would add new lars. prosperity? Did we direct our unprece- categories to current hate crimes legis- I believe that there is no such thing dented surpluses into investments with lation sending a signal that violence of as an unwanted child, merely unfound the greatest returns? Did we give our any kind is unacceptable in our soci- families. This tax credit will help to workers the tools they needed to seize ety. find more families for more children. I the opportunities an innovation econ- I would like to describe a heinous would like to commend my colleagues omy offers? And, were we guided by the crime that occurred July 25, 2000 in for their support in passing this impor- fiscal discipline and values that had Barron, Wisconsin, Raymond C. tant amendment. With it, we will be

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5607 yet another step closer to the day when poor coordination and the lack of prop- by ensuring patients that the Federal no child goes to bed feeling alone, er funding at the CDC has left too Government is doing everything in its unloved or unwanted. many questions unanswered. Senator power to provide better treatments and f DODD and I share the frustration of the ultimately, a cure. patient community; why hasn’t all of LYME DISEASE f this research translated into better WORLD WAR II MEMORIAL Mr. SANTORUM. Mr. President, I treatment? We similarly believe that rise to join my colleague, Senator the CDC’s lack of proper funding and Ms. LINCOLN. Mr. President, in an- CHRIS DODD of Connecticut, in lending attention to tick-borne disease has ticipation of Memorial Day, I rise to support to the pressing cause of ad- stalled progress in the development of honor the 1.1 million Americans who dressing the ruinous effects of Amer- more accurate diagnostic tests for have given their lives for this country. ica’s most common tick-borne illness, Lyme disease. Their lasting legacy is freedom, both Lyme disease. The LIIFT Act will seek to remedy here and abroad. I thank the senior Senator from Con- these issues by ensuring that the prop- I hope this Memorial Day will be a necticut for his long involvement and er collaboration is taking place on the special one for the World War II gen- leadership on this most important pub- Federal level the proper collaboration eration. Earlier this week, the Senate lic health issue. With thousands of between the Federal Government and cleared the way for the construction of Americans contracting Lyme disease the people it serves. Our bill will also the World War II Memorial on the Na- each year, it is critical that we work address the funding imbalances for tional Mall. The brave men and women aggressively to wage a comprehensive Lyme disease activities at the CDC of this generation will finally receive fight against this devastating tick- that has inhibited the development of the national recognition they deserve. borne illness, which costs our country accurate detection methods and treat- I want to take time today to ac- dearly in the way of medical expendi- ment for Lyme. knowledge the contributions of the tures and human suffering. The current With this new legislation we are call- nearly four million veterans of the Ko- lack of physician knowledge about ing for the formation of a Department rean War. This issue is a personal one Lyme and the inadequacies of existing of Health and Human Services Advi- for me. My father is a veteran of the detection methods are particularly sory Committee that will bring Federal Korean War and I know his generation problematic, and only serve to com- agencies, such as the CDC and the NIH, made tremendous sacrifices. During pound this growing public health haz- to the table with patient organizations, the course of the war, over 36,000 Amer- ard. clinicians, and members of the sci- icans lost their lives and over 90,000 Approximately one year ago, I joined entific community. This Committee were wounded. with Senator DODD, and Representa- will report its recommendations to the My father served in Korea as an en- tives SMITH of New Jersey, PITTS and Secretary of HHS. It will ensure that listed man. He left for the 38th Parallel GOODE to request of the U.S. General all scientific viewpoints are given con- shortly after graduating from high Accounting Office a report on some of sideration at NIH and the CDC and will school. When he returned, he married the current concerns surrounding pub- give a voice to the patient community my mother and went to college at the lic and private efforts dedicated to which has often been left out of the University of Arkansas where he joined Lyme. We asked about the past and dialogue. the ROTC. Upon graduation, his ROTC present funding trends within the NIH The LIIFT Act will also provide an unit was activated and Dad left for the and CDC and to what projects these re- additional $14 million over the next Azores for a 12 month assignment. sources are being devoted, and we two years to the CDC to ensure that Like many members of the military, asked about possible conflicts of inter- the Centers work with researchers my father didn’t endure the sacrifice of est within government agencies related around the country to develop better service alone. My mother boarded a to decisions about the diagnosis, treat- diagnostic tests and to increase its ef- military flight to the Azores when my ment and prevention of Lyme. forts to educate the public about Lyme sister Mary was only 6 months old to Although we have not yet received disease. We also call upon the NIH to join my father. The military didn’t the official report of the GAO, we have place an emphasis on funding the provide housing for married service received some preliminary findings neurologic and vascular aspects of members on the island and so my fa- that Senator DODD and I believed mer- Lyme disease and to recruit a larger ther had to make alternative arrange- ited the development of new legislation pool of researchers. ments before my mother and sister that we are introducing today the In addition, this legislation author- could join him. Once reunited, they Lyme and Infectious Disease Informa- izes an additional $7 million to fund lived as normal a life as possible in a tion and Fairness in testing ‘‘LIIFT’’ the extraordinary research and eradi- trailer on an island in the Atlantic Act to build upon the solid foundation cation efforts already underway at the thousands of miles from home. laid by the Lyme Disease Initiative of U.S. Army Center for Health Pro- Seldom do we properly recognize the 1999. motion and Preventive Medicine lo- contribution and sacrifice spouses and The GAO’s preliminary findings sug- cated in the Aberdeen Proving Ground other family members make when a gest that the CDC and NIH have lost in Maryland. loved one joins the Armed Forces. So sight of what ultimately matters to I sincerely hope that our colleagues while we honor our nation’s veterans the people living with Lyme: Accurate will join Senator DODD and me in this on Memorial Day, let us also salute the diagnostic tools, access to effective most worthy cause and cosponsor the spouses and other family members who treatment and ultimately a cure. Need- LIIFT Act. Lyme disease patients and share the sacrifice and burdens of mili- less to say, the patient community is their families have waited too long for tary service. not well-served if these areas are not a responsive plan of action to address To commemorate this Memorial Day, given proper priority at the CDC and their suffering and needs. I urge my colleagues and all Americans NIH. The Tireless efforts of the Lyme pa- to watch the PBS documentary Korean Between 1991 and 1999, the annual tient and advocacy community have War Stories. It will air in the evening number of reported cases of Lyme dis- been instrumental in raising awareness on Sunday May 27th. This documen- ease increased by an astonishing 72 per- and mobilizing support for this issue, tary has been sponsored by the Dis- cent. Even as the dramatic increase and for this both Senator DODD and I abled American Veterans as a tribute took place, according to the GAO, thank them. I look forward to working to those who served during the Korean funding for Lyme disease at the CDC with them, Senator DODD, and our col- War. has increased by only 7 percent over leagues to synthesize the best ideas Our Korean War veterans served this the past 10 years. from last session’s Lyme Disease Ini- nation with honor, dignity, and dedica- Whereas we applaud NIH for its work tiative and the new LIIFT Act, and to tion, and, in the end, they preserved and we are pleased to see that Con- enact into law strong legislation to freedom on the Korean peninsula. gress’ efforts to double NIH funding help correct the mistakes of the past, I have the highest respect for the have directly benefited Lyme research, and to give greater hope for the future men and women who have served our

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5608 CONGRESSIONAL RECORD — SENATE May 24, 2001 nation in the Armed Forces, especially all my colleagues in the Senate in ex- students to write well and motivated those who gave their lives to protect pressing my profound sorrow to the many to pursue higher education. I the freedoms we enjoy today. Their Amesbury family for their loss. join her family, friends, fellow teachers sacrifice on behalf of our country is In a letter to his parents on 15 April and the students she has guided in con- commendable and I extend my sincere 1972, just eleven days before his death, gratulating and wishing her well in re- appreciation for the honorable service Harry wrote: ‘‘I want you to know that tirement. Her devoted service to the they have given. if something should happen to me, that young people of Alabama has made f I am doing what needs to be done and both the state and the nation better I am doing what I think is right’’. He places. Her leadership and teaching THE VERY BAD DEBT BOXSCORE was a thorough professional who be- will be sorely missed. Mr. HELMS. Mr. President, at the lieved in his country and his duties as Mrs. Stritzinger’s awards, activities close of business yesterday, Wednes- an Air Force Officer. He knew that his and leadership positions are far too nu- day, May 23, 2001, the Federal debt fellow service members needed his merous to list exhaustively, yet a few stood at $5,658,410,674,620.47, five tril- help, so he didn’t hesitate when called bear special mention. She was selected lion, six hundred fifty-eight billion, on to make that final flight. as the Alabama State Teacher of the four hundred ten million, six hundred Harry received the Silver Star for his Year, District V winner for 1999–2000. seventy-four thousand, six hundred valor in attempting the mission to An Mrs. Stritzinger has also received the twenty dollars and forty-seven cents. Loc. He also received the Distinguished University of West Alabama College of One year ago, May 23, 2000, the Fed- Flying Cross for a mission the previous Liberal Arts Alumni Achievement eral debt stood at $5,676,154,000,000, five day, when his aircraft was heavily Award, the Tombigbee Girl Scout trillion, six hundred seventy-six bil- damaged by enemy anti-aircraft fire. Council Outstanding Educator Award lion, one hundred fifty-four million. These final acts of courage, following and the Alabama Council of Teachers Five years ago, May 23, 1996, the Fed- days and years of courageous acts, of English Distinguished Service eral debt stood at $5,120,584,000,000, five demonstrate the commitment that Award. She has also been recognized trillion, one hundred twenty billion, Major Harry Amesbury had for mili- three times by the National Endow- five hundred eighty-four million. tary service, his dedication to our ment for the Humanities with Awards Ten years ago, May 23, 1991, the Fed- country, and the importance he placed allowing her to attend special semi- eral debt stood at $3,463,998,000,000, on performing his duty. Unfortunately, nars. In addition to her support of edu- three trillion, four hundred sixty-three this tragedy reminds us once again of cational efforts, Mrs. Stritzinger has billion, nine hundred ninety-eight mil- the painful costs of answering the call played active roles in numerous com- lion. of service to our country, and the sac- munity organizations including histor- Fifteen years ago, May 23, 1986, the rifices our military members make for ical, alumni and religious organiza- Federal debt stood at $2,030,039,000,000, others who need help. We will never tions. two trillion, thirty billion, thirty-nine know how many lives in An Loc were Mrs. Stritzinger spent most of her ca- million, which reflects a debt increase saved because of the valor of Major reer teaching English and literature to of more than $3.5 trillion, Harry Amesbury, but as we pay hom- twelfth grade students at Demopolis $3,628,371,674,620.47, three trillion, six age to his memory, let us rededicate High School where she has been respon- hundred twenty-eight billion, three ourselves in the days and months sible for the Advanced Placement, Hon- hundred seventy-one million, six hun- ahead to the ideals of our great nation, ors and College-bound English classes. dred seventy-four thousand, six hun- and keep faith with all brave Ameri- In addition, she has served as the dred twenty dollars and forty-seven cans who choose to wear the uniform Chairperson of the English Department cents during the past 15 years. and ensure that their sacrifices were at Demopolis High School for twenty years and of both the English Cur- f not made in vain. I hope it is of some comfort to the riculum Development and the English ADDITIONAL STATEMENTS family that Major Harry Amesbury, Jr. Textbook Committees. Early in her ca- is finally returning home to Idaho. It reer, she taught English at Uniontown was always his plan to return to the High School and remedial reading at TRIBUTE TO MAJOR HARRY A. Westside School and served as Assist- AMESBURY, JR. State after completing his Air Force career, and even bought land over look- ant Director of the Alabama Consor- ∑ Mr. CRAIG. Mr. President, today I ing the Snake River, near Marsing, tium for the Development of Higher pay tribute to Major Harry A. where he planned to build his retire- Education. She has helped mold the Amesbury, Jr. who after 29 years is fi- ment home. minds of students as they prepared for nally being returned home to his fam- On Memorial Day at Mountain Home college and for life. Her focus on en- ily. On April 26, 1972, Harry was the AFB, there will be an official ceremony couraging and recognizing academic commander of a C–130E aircraft on a which will include the rendering of excellence extended beyond her class- night emergency resupply mission to military honors and one final oppor- room to the numerous activities and the besieged city of An Loc, Republic tunity to express appreciation for his organizations she helped coordinate in- of Vietnam. He knew there was a con- service and his sacrifice. His family cluding founding the local chapter of centration of enemy anti-aircraft de- will then travel into the mountains, to the National Honor Society. fenses because he made the flight the a place that he loved to go with his Mrs. Stritzinger holds a strong belief night before. His aircraft was struck by children, and say goodbye in their own in encouraging students to improve the intense enemy fire and shot down. way. their reading abilities and develop He has been missing in action since I am very proud to recognize Major strong writing skills. She championed that date, but not forgotten. An Idaho Harry A. Amesbury, Jr. and tell him using the Accelerated Reader Program resident and career Air Force officer and his family, Thank You.∑ and applied for her school to become an with over sixteen years of service to f Alabama Reading Initiative Dem- his country, he was survived by his par- onstration site. She devoted countless ents Dr. and Mrs. Harry A. Amesbury, TRIBUTE TO JANE ELLEN hours over the years to the Alabama Sr., who are now deceased, his wife STRITZINGER Penman Creative Writing Contest, the Mary Amesbury Predoehl, and four ∑ Mr. SHELBY. Mr. President, today I Gulf Coast Writing Conference, the sons: Harry Kurt Amesbury, David pay tribute to one of this country’s Program to Recognize Excellence in John Amesbury, Robert Stephen great educators as she retires after High School Literary Magazines, a tu- Amesbury, and Alan Keith Amesbury. over 30 years of teaching English in my torial program for high school students He is also survived by David’s wife home state of Alabama. This week and the Beta Club. Mrs. Stritzinger Marjan, their son Brendan, and the marks the end of an outstanding career participated in a program on writing twins Cameron and Shannon, as well for Jane Ellen Stritzinger as she re- instruction filmed by the State Depart- as, Stephen’s wife Mary and their sons tires from Demopolis High School. Mrs. ment of Education for Alabama Public Ryan and Connor. I know I speak for Stritzinger has taught thousands of Television.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5609 Strong schools foster strong students of Santa Rosa, California. Bishop Hur- MARY HARMON WEEKS and Mrs. Stritzinger worked diligently ley passed away on Monday, February ELEMENTARY SCHOOL to improve the quality of our Alabama 5, 2001, after undergoing surgery for an ∑ Mr. BOND. Mr. President, I rise to schools. She was selected as Chair- aneurysm. Mark Hurley was one of two make a few comments to congratulate person of the Ten Year Study for priests born to a proud Irish Catholic the Mary Harmon Weeks Elementary Demopolis High School for Southern family. His brother, Francis Hurley, is School in Kansas City, Missouri, on re- Association accreditation and as the Archbishop of Anchorage, Alaska. ceiving 3rd place in the 18th ‘‘Annual Teachers’ Representative to the Set a Good Example School Competi- Demopolis Educational Foundation. I had the great fortune to make the acquaintance of Mark Hurley several tion.’’ She served as chairperson of the Grants The ‘‘Set a Good Example Campaign’’ years ago while traveling in California. Committee for the Educational Foun- is popular with students and teachers He was a deeply religious man, as you dation and coordinated a system-wide alike because it motivates, recognizes would expect, and a very learned indi- meeting for reading and language and awards student-designed and run vidual and the author of several books. teachers on improving test scores. Mrs. projects. It has proven to be a very suc- Stritzinger represented Demopolis He lectured about the tragedy of abor- cessful and inspirational method for High School on the Mid-South Human- tion and wrote extensively about med- pulling together business people, edu- ities Project, the University of Ala- ical and genetic research and indi- cators, youth counselors, parents and bama Bio-Prep Workshops and a School vidual privacy. But he will be remem- students behind the effort to eradicate Improvement Workshop. She also bered most of all for his extraordinary illegal drugs, crime and violence from served on an Alabama State Depart- work as the bishop of the six-county our nation’s schools. ment of Education Evaluation Team to North Coast diocese from 1969–1986. The students at Mary Harmon Weeks accredit Judson College. Central to her Pope Paul VI appointed Mark Hurley Elementary School successfully put to effort to improve our schools was her second bishop of the Santa Rosa dio- work 21 precepts from a common sense twenty years as a Cooperating Teacher cese in 1969. Prior to his appointment, moral code booklet titled The Way to providing guidance to student teachers he was a teacher and administrator for Happiness including, ‘‘Try to treat oth- seeking classroom experience. She also Catholic high schools in San Francisco, ers as you would want them to treat played an active role in encouraging Marin and Oakland and served as vicar you.’’ the use of technology in the classroom I would like to applaud the students general of the Archdiocese of San Fran- including through the use of the Inter- of Mary Harmon Weeks Elementary cisco. He would become Santa Rosa’s net. School and their teacher Gilbert Lowe longest-serving bishop since the dio- Mrs. Stritzinger earned both Masters for the outstanding accomplishment. and Bachelors degrees in English and cese was created. Most importantly, Sometimes it is very hard for young maintains affiliations with numerous Bishop Hurley was credited with saving people to stand out from the crowd and education associations. She has been the diocese from financial ruin. When not give in to peer pressure. The married to Pete Stritzinger for 36 years he took office the diocese was over $12 choices the students at Mary Harmon and while pursuing this busy career million in debt, including $7 million Weeks Elementary School have made raised two daughters—Ann and Gloria. owed to parishes and other organiza- to stay away from drugs and to pro- Mrs. Stritzinger’s commitment to tions within the diocese. By imposing mote a safe school environment is a Demopolis Schools continues a tradi- strict spending limits, a building mora- mature and responsible decision. It will tion begun by her mother Lucille Lewis torium and other cutbacks he was able not only benefit them as individuals who was also a long serving public to orchestrate the financial recovery but will bring numerous benefits to the school teacher. that was so desperately needed. school and community as well.∑ No one can begin to quantify the After his tenure, Pope John Paul II f amazing impact that a teacher of Mrs. rewarded Reverend Hurley’s efforts by Stritzinger’s ability has had on her RECOGNITION OF MR. KENNETH transferring him to the Vatican where HOOD students and on her community. The he was consular to the Sacred Con- ∑ success stories are myriad and many of gregation for Catholic Education and a Mr. COCHRAN. Mr. President, today Mr. Kenneth Hood of Gunnison, MS, Mrs. Stritzinger’s students have risen member of the Secretariat for Non-Be- will conclude his term as President of to become pillars of their communities. lievers. He returned to the United Often her students have been inspired Delta Council. States and retired in San Francisco, by Mrs. Stritzinger’s teaching to pur- Delta Council is an economic devel- the same city in which he was born on sue careers as teachers or careers opment organization representing December 13, 1919. which depend upon the critical think- eighteen counties of Northwest Mis- ing and strong writing skills fostered He was acknowledged by many as an sissippi. Organized in 1935, Delta Coun- by her classes. intellectual and a world leader on reli- cil brings together the agricultural, As you can tell from my description gious matters, but it was his successful business, and professional leadership of of her career, Mrs. Stritzinger’s in- tenure as bishop of Santa Rosa for the area to solve common problems and volvement in the Demopolis City which he will be remembered most. promote the economic development of School System will be hard to replace. Santa Rosa’s current bishop, Daniel the Mississippi Delta region. Although I am sure she will stay in- Walsh, said of Mark Hurley, ‘‘I believe As President of Delta Council, Mr. volved with the schools and the com- his most esteemed role and responsi- Hood has been an articulate spokesman munity after retirement, she has begun bility was that of Bishop of Santa and leader in the effort to define an ef- a legacy of success that is sure to be Rosa. He labored here from November fective agriculture policy, and to con- continued. I am confident that her 1969 to April 1986. He made a great im- front the needs for better schools, former students and fellow teachers pact on the diocese and we are all bene- water resources, and transportation. will continue to rise to the challenges ficiaries of his ministry here.’’ Kenneth Hood has been committed to that Mrs. Stritzinger posed to them. Mississippi agriculture since he first Congratulations again Mrs. With the death of bishop Hurley the began farming in 1960. He is president Stritzinger on such an outstanding ca- Lord has lost a dutiful servant, the of Hood Gin Company and Chief Execu- reer.∑ Catholic faith has lost a pillar of virtue tive Officer of Perthshire Farms, a and our nation has lost a loving soul f family farm operation. He is also presi- that quietly touched and improved the dent of Hood Equipment Company, an TRIBUTE TO REVEREND MARK lives of many. I know I speak for all agricultural and construction equip- HURLEY my colleagues in extending our condo- ment dealer located in Batesville and ∑ Mr. SMITH of New Hampshire. Mr. lences to his brother, Bishop Francis Bruce, MS. President, I rise today to pay tribute Hurley, his sister Phyllis Porter of San Mr. Hood has served also as the to the Reverend Mark J. Hurley, the Francisco and to the rest of his family President of the Mississippi and Na- former bishop of the Catholic Diocese and friends. May he rest in peace.∑ tional Association of Farmer Elected

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5610 CONGRESSIONAL RECORD — SENATE May 24, 2001 Committeemen, a member of the Board To the Congress of the United States: to cooperate fully with the Inter- of Directors of Staplcotn, a founding Section 202(d) of the National Emer- national Criminal Tribunal for the director of Delta Wildlife, a past chair- gencies Act (50 U.S.C. 1622(d)), provides former Yugoslavia (ICTY); the illegit- man of the National and Southern Cot- for the automatic termination of a na- imate control over FRY (S&M) polit- ton Ginners Association, and Chairman tional emergency unless, prior to the ical institutions and economic re- of the Mississippi Boll Weevil Manage- anniversary date of its declaration, the sources or enterprises exercised by ment Corporation. He has recently President publishes in the Federal Reg- former President Slobodan Milosevic, been chosen as the new Chairman of ister and transmits to the Congress a his close associates and other persons, the National Cotton Council. I am con- notice stating that the emergency is to and those individuals’ capacity to re- fident that Mr. Hood will be an impor- continue in effect beyond the anniver- press democracy or perpetrate or pro- tant source of information and advice sary date. I have sent the enclosed no- mote further human rights abuses; and for Congress as we draft a new farm tice to the Federal Register for publica- the continuing threat to regional sta- bill.∑ tion, stating that the national emer- bility and implementation of the Peace f gencies declared with respect to the Agreement. The order lifts and modi- Federal Republic of Yugoslavia (Serbia fies, with respect to future trans- MESSAGES FROM THE PRESIDENT and Montenegro) (the ‘‘FRY (S&M)’’) in actions, most of the economic sanc- Messages from the President of the 1992 and with respect to Kosovo in 1998, tions imposed against the FRY (S&M) United States were communicated to are to continue beyond May 30, 2001, in 1998 and 1999 with regard to the situ- the Senate by Ms. Evans, one of his and June 9, 2001, respectively. The ation in Kosovo. At the same time, the secretaries. most recent notice continuing these order imposes restrictions on trans- EXECUTIVE MESSAGES REFERRED emergencies was published in the Fed- actions with certain persons described As in executive session the Presiding eral Register on May 26, 2000. in section 1(a) of the order, namely Officer laid before the Senate messages With respect to the 1992 national Slobodan Milosevic, his close associ- from the President of the United emergency, on December 27, 1995, Presi- ates and supporters and persons under States submitting sundry nominations dent Clinton issued Presidential Deter- open indictment for war crimes by which were referred to the appropriate mination 96–7, directing the Secretary ICTY. The order also provides for the committees. of the Treasury, inter alia, to suspend continued blocking of property or in- (The nominations received today are the application of sanctions imposed on terests in property blocked prior to the printed at the end of the Senate pro- the FRY (S&M) and to continue to order’s effective date due to the need to ceedings.) block property previously blocked address claims or encumbrances in- until provision is made to address volving such property. f claims or encumbrances, including the Because the crisis with respect to the REPORT ON THE NATIONAL EMER- claims of the other successor states of situation in Kosovo and with respect to GENCIES WITH RESPECT TO THE the former Yugoslavia. This sanctions Slobodan Milosevic, his close associ- FEDERAL REPUBLIC OF YUGO- relief, in conformity with United Na- ates and supporters and persons under SLAVIA (SERBIA AND MONTE- tions Security Council Resolution 1022 open indictment for war crimes by NEGRO) AND KOSOVO—MESSAGE of November 22, 1995 (hereinafter the ICTY has not been resolved, and be- FROM THE PRESIDENT—PM 23 ‘‘Resolution’’), was an essential factor cause the status of all previously The PRESIDING OFFICER laid be- motivating Serbia and Montenegro’s blocked property has yet to be re- fore the Senate the following message acceptance of the General Framework solved, this situation continues to pose from the President of the United Agreement for Peace in Bosnia and an unusual and extraordinary threat to States, together with an accompanying Herzegovina initialed in Dayton on No- the national security and foreign pol- report; which was referred to the Com- vember 21, 1995, and signed in Paris on icy of the United States. For these rea- mittee on Banking, Housing, and December 14, 1995 (hereinafter the sons, I have determined that the emer- Urban Affairs. ‘‘Peace Agreement’’). gency declared with respect to Kosovo, Sanctions against both the FRY and the measures adopted pursuant To the Congress of the United States: (S&M) and the Bosnian Serbs were sub- thereto, must continue beyond June 9, As required by section 401(c) of the sequently terminated by United Na- 2001. National Emergencies Act, 50 U.S.C. tions Security Council Resolution 1074 GEORGE W. BUSH. 1641(c) and section 204(c) of the Inter- of October 1, 1996. This termination, THE WHITE HOUSE, May 24, 2001. national Emergency Economic Powers however, did not end the requirement f Act (IEEPA), 50 U.S.C. 1703(c), I trans- of the Resolution that those blocked MESSAGE FROM THE HOUSE mit herewith a 6-month periodic report funds and assets that are subject to on the national emergency with re- claims and encumbrances remain At 11:25 a.m., a message from the spect to the Yugoslavia (Serbia and blocked, until unblocked in accordance House of Representatives, delivered by Montenegro) emergency declared in with applicable law. Ms. Niland, one of its reading clerks, Executive Order 12808 on May 10, 1992, Until the status of all remaining announced that the House has agreed and with respect to the Kosovo emer- blocked property is resolved, the Peace to the following concurrent resolu- gency declared in Executive Order 13088 Agreement implemented, and the tions, in which it requests the concur- on June 9, 1998. terms of the Resolution met, this situ- rence of the Senate: GEORGE W. BUSH. ation continues to pose an unusual and H. Con. Res. 80. Concurrent resolution con- THE WHITE HOUSE, May 24, 2001. extraordinary threat to the national gratulating the city of Detroit and its resi- dents on the occasion of the tricentennial of f security, foreign policy, and economy of the United States. For these rea- the city’s founding. REPORT ON THE CONTINUATION H. Con. Res. 139. Welcoming His Holiness sons, I have determined that the 1992 Karekin II, Supreme Patriarch and OF EMERGENCY WITH RESPECT emergency, and the measures adopted TO THE FEDERAL REPUBLIC OF Catholicos of All Armenians, on his visit to pursuant thereto, must continue be- the United States and commemorating the YUGOSLAVIA (SERVIA AND MON- yond May 30, 2001. 1700th anniversary of the acceptance of TENEGRO) THE BOSNIAN SERBS, With respect to the 1998 national Christianity in Armenia. AND KOSOVO—MESSAGE FROM emergency regarding Kosovo, on Janu- The message also announced that the THE PRESIDENT—PM 24 ary 17, 2001, President Clinton issued House disagrees to the amendment of The PRESIDING OFFICER laid be- Executive Order 13192 in view of the the Senate to the bill (H.R. 1836) to fore the Senate the following message peaceful democratic transition begun provide for reconciliation pursuant to from the President of the United in the FRY (S&M); the continuing need section 104 of the concurrent resolution States, together with an accompanying to promote full implementation of on the budget for fiscal year 2002, and report; which was referred to the Com- United Nations Security Council Reso- agrees to the conference asked by the mittee on Banking, Housing, and lution 827 of May 25, 1993, and subse- Senate on the disagreeing votes of the Urban Affairs. quent resolutions calling for all states two houses thereon; and appoints the

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5611 following Members as the managers of EC–1993. A communication from the Acting the District of Columbia Supplemental the conference on the part of the Executive Director of the Commodity Fu- Budget Request; to the Committee on Gov- House: Mr. THOMAS, Mr. ARMEY, and tures Trading Commission, transmitting, ernmental Affairs. pursuant to law, the report of a rule entitled EC–2005. A communication from the Man- Mr. RANGEL. ‘‘Changes in Reporting Levels for Large aging Director, Financial Management and ENROLLED BILL SIGNED Trader Reports’’ (RIN3038–ZA10) received on Assurance, General Accounting Office, trans- The message further announced that May 21, 2001; to the Committee on Agri- mitting, the Congressional Award Founda- the Speaker has signed the following culture, Nutrition, and Forestry. tion’s Financial Statements for Fiscal Year enrolled bill: EC–1994. A communication from the Acting 1999 and 2000; to the Committee on Govern- H.R. 1727. An act to amend the Taxpayer Executive Director of the Commodity Fu- mental Affairs. EC–2006. A communication from the Sec- Relief Act of 1997 to provide for consistent tures Trading Commission, transmitting, retary of Health and Human Services, trans- treatment of survivor benefits for public pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of the safety officers killed in the line of duty. ‘‘Foreign Futures and Option Transactions’’ received on May 21, 2001; to the Committee Office of Inspector General for the period Oc- The enrolled bill was signed subse- on Agriculture, Nutrition, and Forestry. tober 1, 2000 through March 31, 2001; to the quently by the President pro tempore EC–1995. A communication from the Acting Committee on Governmental Affairs. (Mr. THURMOND). Executive Director of the Commodity Fu- EC–2007. A communication from the Chief f tures Trading Commission, transmitting, of the Office of Regulations and Administra- pursuant to law, the report of a rule entitled tive Law, United States Coast Guard, De- MEASURES REFERRED ‘‘Minimum Financial Requirements for Fu- partment of Transportation, transmitting, The following concurrent resolution tures Commission Merchants and Intro- pursuant to law, the report of a rule entitled was read, and referred as indicated: ducing Brokers; Amendments to the Capital ‘‘Drawbridge Regulations; Lake Charge on Unsecured Receivables Due From Ponchartrain, LA’’ ((RIN2115–AE47)(2001– H. Con. Res. 80. Concurrent resolution con- Foreign Brokers’’ (RIN3038–AB54) received on 0030)) received on May 21, 2001; to the Com- gratulating the city of Detroit and its resi- May 21, 2001; to the Committee on Agri- mittee on Commerce, Science, and Transpor- dents on the occasion of the tricentennial of culture, Nutrition, and Forestry. tation. the city’s founding; to the Committee on the EC–1996. A communication from the Chair- EC–2008. A communication from the Chief Judiciary. man and Chief Executive Officer of the Farm of the Office of Regulations and Administra- f Credit Administration, transmitting, pursu- tive Law, United States Coast Guard, De- partment of Transportation, transmitting, EXECUTIVE AND OTHER ant to law, the report of a rule entitled ‘‘Eli- gibility and Scope of Financing’’ (RIN3052– pursuant to law, the report of a rule entitled COMMUNICATIONS AB90) received on May 21, 2001; to the Com- ‘‘Regatta Regulations; SLR; Charleston Har- The following communications were mittee on Agriculture, Nutrition, and For- bor, South Carolina’’ ((RIN2115–AE46)(2001– laid before the Senate, together with estry. 0009)) received on May 21, 2001 ; to the Com- accompanying papers, reports, and doc- EC–1997. A communication from the Assist- mittee on Commerce, Science, and Transpor- ant Secretary for Land and Minerals Man- tation. uments, which were referred as indi- agement, Minerals Management Service, De- EC–2009. A communication from the Chief cated: partment of the Interior, transmitting, pur- of the Office of Regulations and Administra- EC–1987. A communication from the Prin- suant to law, the report of a rule entitled tive Law, United States Coast Guard, De- cipal Deputy Associate Administrator, Office ‘‘Small Refiner Administrative Fee’’ partment of Transportation, transmitting, of Policy, Economics, and Innovation, Envi- (RIN1010–AC70) received on May 21, 2001; to pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, the Committee on Energy and Natural Re- ‘‘Regatta Regulation; SLR; Harvard-Yale Re- the report of a document entitled ‘‘Wisconsin sources. gatta, Thames River, New London, CT’’ Clarification of Codification of Approved EC–1998. A communication from the Acting ((RIN2115–AE46)(2001–0008)) received on May State Hazardous Waste Program for Wis- Director of the Office of Surface Mining, De- 21, 2001; to the Committee on Commerce, consin’’ (FRL6983–2) received on May 21, 2001; partment of the Interior, transmitting, pur- Science, and Transportation. to the Committee on Environment and Pub- suant to law, the report of a rule entitled EC–2010. A communication from the Chief lic Works. ‘‘Abandoned Mine Land (AML) Fee Collec- of the Office of Regulations and Administra- EC–1988. A communication from the Prin- tion and Coal Production Reporting on the tive Law, United States Coast Guard, De- cipal Deputy Associate Administrator, Office OSM–1 Form’’ (RIN1029–AB95) received on partment of Transportation, transmitting, of Policy, Economics, and Innovation, Envi- May 22, 2001; to the Committee on Energy pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, and Natural Resources. ‘‘Drawbridge Regulations; Shaw Cove, CT’’ the report of a document entitled ‘‘Best EC–1999. A communication from the White ((RIN2115–AE47)(2001–0028)) received on May Management Practices for Lead at Outdoor House Liaison, Department of Justice, trans- 21, 2001; to the Committee on Commerce, Shooting Ranges, Region 2’’ received on May mitting, pursuant to law, the report of nomi- Science, and Transportation. 21, 2001; to the Committee on Environment nation confirmed for the position of Deputy EC–2011. A communication from the Chief and Public Works. Attorney General; to the Committee on the of the Office of Regulations and Administra- EC–1989. A communication from the Chief Judiciary. tive Law, United States Coast Guard, De- of the Regulations Unit, Internal Revenue EC–2000. A communication from the White partment of Transportation, transmitting, Service, Department of the Treasury, trans- House Liaison, Department of Justice, trans- pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a ‘‘Drawbridge Regulations: Tauton River, entitled ‘‘Extraterritorial Exclusion Elec- nomination confirmed for the position of As- MA’’ ((RIN2115–AE47)(2001–0029)) received on tions’’ (Rev. Proc. 2001–37) received on May sistant Attorney General, Office of Legisla- May 21, 2001; to the Committee on Com- 21, 2001; to the Committee on Finance. tive Affairs; to the Committee on the Judici- merce, Science, and Transportation. EC–1990. A communication from the Chief ary. EC–2012. A communication from the Chief of the Regulations Unit, Internal Revenue EC–2001. A communication from the Chief of the Office of Regulations and Administra- Service, Department of the Treasury, trans- Financial Officer of the Paralyzed Veterans tive Law, United States Coast Guard, De- mitting, pursuant to law, the report of a rule of America, transmitting, pursuant to law, a partment of Transportation, transmitting, entitled ‘‘Certain Assets Transfers to Regu- report relative to consolidated financial pursuant to law, the report of a rule entitled lated Investment Companies and Real Estate statements for 1999 and 2000; to the Com- ‘‘Safety/Security Zone Regulation: Tampa Investment Trusts’’ (RIN1545–AW92) received mittee on the Judiciary. Bay, Florida’’ ((RIN2115–AA97)(2001–0010)) re- on May 21, 2001; to the Committee on Fi- EC–2002. A communication from the Dep- ceived on May 21, 2001; to the Committee on nance. uty Associate Administrator, Office of Ac- Commerce, Science, and Transportation. EC–1991. A communication from the Assist- quisition Policy, General Service Adminis- EC–2013. A communication from the Chief ant to the Board of Governors of the Federal tration, transmitting, pursuant to law, the of the Office of Regulations and Administra- Reserve System, transmitting, pursuant to report of a rule entitled ‘‘Federal Acquisi- tive Law, United States Coast Guard, De- law , the report of a rule entitled ‘‘Credit by tion Regulation; Federal Acquisition Cir- partment of Transportation, transmitting, Brokers and Deals; List of Foreign Margin cular 97–25’’ received on May 18, 2001; to the pursuant to law, the report of a rule entitled Stocks’’ received on May 18, 2001; to the Committee on Governmental Affairs. ‘‘Regatta Regulations; SLR; San Diego Crew Committee on Banking, Housing, and Urban EC–2003. A communication from the Direc- Classic’’ ((RIN2115–AE46)(2001–0007)) received Affairs. tor of Selective Service, transmitting, pursu- on May 21, 2001; to the Committee on Com- EC–1992. A communication from the Direc- ant to law, the System’s Performance Report merce, Science, and Transportation. tor of the Office of Thrift Supervision, De- for Fiscal Year 2000; to the Committee on EC–2014. A communication from the Chief partment of the Treasury, transmitting, pur- Governmental Affairs. of the Office of Regulations and Administra- suant to law , the Annual Report relative to EC–2004. A communication from the Chair tive Law, United States Coast Guard, De- the Preservation of Minority Savings Insti- of the District of Columbia Financial Re- partment of Transportation, transmitting, tutions for 2000; to the Committee on Bank- sponsibility and Management Assistance Au- pursuant to law, the report of a rule entitled ing, Housing, and Urban Affairs. thority, transmitting, a report relative to ‘‘Drawbridge Regulations; Kennebec River,

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5612 CONGRESSIONAL RECORD — SENATE May 24, 2001 ME’’ ((RIN2115–AE47)(2001–0031)) received on a rule entitled ‘‘Amendment to Class E Air- Installed in Accordance with Supplement May 21, 2001; to the Committee on Com- space; Lathe, KS’’ ((RIN2120–AA66)(2001– Type Certificate SA2969SO’’ ((RIN2120– merce, Science, and Transportation. 0089)) received on May 21, 2001; to the Com- AA64)(2001–0219)) received on May 21, 2001; to EC–2015. A communication from the Pro- mittee on Commerce, Science, and Transpor- the Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- tation. Transportation. ministration, Department of Transportation, EC–2025. A communication from the Pro- EC–2034. A communication from the Pro- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Standard Instrument Ap- ministration, Department of Transportation, ministration, Department of Transportation, proach Procedures; Miscellaneous Amend- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ments (76)’’ ((RIN2120–AA65)(2001–0028)) re- a rule entitled ‘‘Revision of Class E Airspace; a rule entitled ‘‘Airworthiness Directives: ceived on May 21, 2001; to the Committee on Bethel, AK’’ ((RIN2120–AA66)(2001–0088)) re- Turbomeca SA Arrius Models 2B, 2B1, and 2F Commerce, Science, and Transportation. ceived on May 21, 2001; to the Committee on Turboshaft Engines’’ ((RIN2120–AA64)(2001– EC–2016. A communication from the Pro- Commerce, Science, and Transportation. 0220)) received on May 21, 2001; to the Com- gram Analyst of the Federal Aviation Ad- EC–2026. A communication from the Pro- mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- tation. transmitting, pursuant to law, the report of ministration, Department of Transportation, EC–2035. A communication from the Pro- a rule entitled ‘‘Establishment of Class E transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- Enrute Domestic Airspace Area, El Centro, a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, CA’’ ((RIN2120–AA66)(2001–0085)) received on Airbus Model A310–324, –325, and A300 B4– transmitting, pursuant to law, the report of May 21, 2001; to the Committee on Com- 622R Series Airplanes Equipped with P and W a rule entitled ‘‘Airworthiness Directives: merce, Science, and Transportation. PW 4000 Series Engines’’ ((RIN2120– Aerostar Aircraft Corp Models PA 60 600, PA EC–2017. A communication from the Pro- AA64)(2001–0212)) received on May 21, 2001; to 60 601, PA 60 601P, PA 60 602P, and PA 60 700P gram Analyst of the Federal Aviation Ad- the Committee on Commerce, Science, and Airplanes’’ ((RIN2120–AA64)(2001–0222)) re- ministration, Department of Transportation, Transportation. ceived on May 21, 2001; to the Committee on transmitting, pursuant to law, the report of EC–2027. A communication from the Pro- Commerce, Science, and Transportation. a rule entitled ‘‘Establishment of Class E gram Analyst of the Federal Aviation Ad- EC–2036. A communication from the Pro- Airspace; Sugar Land, TX’’ ((RIN2120– ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- AA66)(2001–0086)) received on May 21, 2001; to transmitting, pursuant to law, the report of ministration, Department of Transportation, the Committee on Commerce, Science, and a rule entitled ‘‘Amendment to Class E Air- transmitting, pursuant to law, the report of Transportation. space; Chillicothe, MO’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives: EC–2018. A communication from the Pro- AA66)(2001–0092)) received on May 21, 2001; to Empresa Brasileria de Aeronautica SA Model gram Analyst of the Federal Aviation Ad- the Committee on Commerce, Science, and EMB 135 and EMB 145 Series Airplanes’’ ministration, Department of Transportation, Transportation. ((RIN2120–AA64)(2001–0217)) received on May transmitting, pursuant to law, the report of EC–2028. A communication from the Pro- 21, 2001; to the Committee on Commerce, a rule entitled ‘‘Revision of Class E Airspace; gram Analyst of the Federal Aviation Ad- Science, and Transportation. Farmington, NM’’ ((RIN2120–AA66)(2001– ministration, Department of Transportation, EC–2037. A communication from the Acting 0087)) received on May 21, 2001; to the Com- transmitting, pursuant to law, the report of Assistant Administrator for Fisheries, Na- mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives: tional Oceanic and Atmospheric Administra- tation. Bell Helicopter Textron, INC Model 412 Heli- tion, Department of Commerce, transmit- EC–2019. A communication from the Pro- copters and Agusta SpA Model AB412 Heli- ting, pursuant to law, the report of a rule en- gram Analyst of the Federal Aviation Ad- copters’’ ((RIN2120–AA64)(2001–0214)) received titled ‘‘Financial Assistance for Research ministration, Department of Transportation, on May 21, 2001; to the Committee on Com- and Development Projects in Chesapeake transmitting, pursuant to law, the report of merce, Science, and Transportation. Bay to Strengthen, Develop and/or Improve a rule entitled ‘‘Standards Instrument Ap- EC–2029. A communication from the Pro- the Stock Conditions of the Chesapeake Bay proach Procedures; Miscellaneous Amend- gram Analyst of the Federal Aviation Ad- Fisheries’’ (RIN0648–ZB05) received on May ments (66)’’ ((RIN2120–AA65)(2001–0029)) re- ministration, Department of Transportation, 21, 2001; to the Committee on Commerce, ceived on May 21, 2001; to the Committee on transmitting, pursuant to law, the report of Science, and Transportation. Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: EC–2038. A communication from the Acting EC–2020. A communication from the Pro- Cessna Aircraft Company Models 206H and Chief of the Marine Mammal Conservation gram Analyst of the Federal Aviation Ad- T206H Airplanes’’ ((RIN2120–AA64)(2001–0213)) Division, National Marine Fisheries Service, ministration, Department of Transportation, received on May 21, 2001; to the Committee Office of Protected Resources, Department of transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. Commerce, transmitting, pursuant to law, a rule entitled ‘‘Standard Instrument Ap- EC–2030. A communication from the Pro- the report of a rule entitled ‘‘Temporary proach Procedures; Miscellaneous Amend- gram Analyst of the Federal Aviation Ad- Area and Gear Restrictions’’ (RIN0648–AP27) ments (47)’’ ((RIN2120–AA65)(2001–0030)) re- ministration, Department of Transportation, received on May 21, 2001; to the Committee ceived on May 21, 2001; to the Committee on transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: EC–2039. A communication from the Acting EC–2021. A communication from the Pro- Boeing Model 737 Series Airplanes’’ Director of the Office of Sustainable Fish- gram Analyst of the Federal Aviation Ad- ((RIN2120–AA64)(2001–0215)) received on May eries, National Marine Fisheries Service, Do- ministration, Department of Transportation, 21, 2001; to the Committee on Commerce, mestic Fisheries Division, Department of transmitting, pursuant to law, the report of Science, and Transportation. Commerce, transmitting, pursuant to law, a rule entitled ‘‘Standard Instrument Ap- EC–2031. A communication from the Pro- the report of a rule entitled ‘‘Fisheries of the proach Procedures; Miscellaneous Amend- gram Analyst of the Federal Aviation Ad- Northeastern United States; Atlantic Blue- ments (33)’’ ((RIN2120–AA65)(2001–0031)) re- ministration, Department of Transportation, fish Fishery; Commercial Quota Harvested ceived on May 21, 2001; to the Committee on transmitting, pursuant to law, the report of for North Carolina’’ received on May 21, 2001; Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: to the Committee on Commerce, Science, EC–2022. A communication from the Pro- Bombardier Model DHC 7 100, 101, 102 and 103 and Transportation. gram Analyst of the Federal Aviation Ad- Series Airplanes’’ ((RIN2120–AA64)(2001–0218)) EC–2040. A communication from the Acting ministration, Department of Transportation, received on May 21, 2001; to the Committee Assistant Administrator for Fisheries, Na- transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. tional Marine Fisheries Service, Department a rule entitled ‘‘Standard Instrument Ap- EC–2032. A communication from the Pro- of Commerce, transmitting, pursuant to law, proach Procedures; Miscellaneous Amend- gram Analyst of the Federal Aviation Ad- the report of a rule entitled ‘‘Fisheries Off ments (45)’’ ((RIN2120–AA65)(2001–0032)) re- ministration, Department of Transportation, West Coast States and in the Western Pa- ceived on May 21, 2001; to the Committee on transmitting, pursuant to law, the report of cific; West Coast Salmon Fisheries; 2001 Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: Management Measures’’ (RIN0648–AO49) re- EC–2023. A communication from the Pro- Airbus Model A330–243, –341, –342, and –343 Se- ceived on May 21, 2001; to the Committee on gram Analyst of the Federal Aviation Ad- ries Airplanes Equipped with Rolls Royce Commerce, Science, and Transportation. ministration, Department of Transportation, Trent 700 Series Engines’’ ((RIN2120– EC–2041. A communication from the Acting transmitting, pursuant to law, the report of AA64)(2001–0216)) received on May 21, 2001; to Division Chief of the Office of Protected Re- a rule entitled ‘‘Amendment to Class E Air- the Committee on Commerce, Science, and sources, Department of Commerce, transmit- space; Cabool, MO’’ ((RIN2120–AA66)(2001– Transportation. ting, pursuant to law, the report of a rule en- 0090)) received on May 21, 2001; to the Com- EC–2033. A communication from the Pro- titled ‘‘Taking of Marine Mammals Inci- mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- dental to Shock Testing the USS WINSTON tation. ministration, Department of Transportation, S. CHURCHILL by Detonation of Conven- EC–2024. A communication from the Pro- transmitting, pursuant to law, the report of tional Explosives in the Offshore Waters of gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: the U.S. Atlantic Coast.’’ (RIN0648–AN59) re- ministration, Department of Transportation, Boeing Model 737–200 and 300 Series Air- ceived on May 21, 2001; to the Committee on transmitting, pursuant to law, the report of planes Equipped with Main Deck Cargo Door Commerce, Science, and Transportation.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5613 EC–2042. A communication from the Acting dren with disabilities when federal law au- By Mr. REED for the Committee on Armed Chief of the Marine Mammal Conservation thorizes the appropriation of up to forty per Services. Division, National Marine Fisheries Service, cent; and The following named officer for appoint- Office of Protected Resources, Department of Whereas, the Hawaii Department of Edu- ment in the Reserve of the Air Force to the Commerce, transmitting, pursuant to law, cation received approximately $23,500,000 in grade indicated under title 10, U.S.C., section the report of a rule entitled ‘‘Taking of Ma- federal funds during fiscal year 1999–2000 for 12203: rine Mammals Incidental to Commercial what was then referred to as ‘‘education of To be brigadier general Fishing Operations; Atlantic Large Whale the handicapped’’. If this figure represented Col. Fred F. Castle Jr., 0000 Take Reduction Plan Regulations’’ (RIN0648– an appropriation of funds for ten per cent of AN88) received on May 21, 2001; to the Com- special education and related services for The following named officers for appoint- mittee on Commerce, Science, and Transpor- children with disabilities, then an appropria- ment in the Reserve of the Air Force to the tation. tion of forty per cent would have equaled grade indicated under title 10, U.S.C., section EC–2043. A communication from the Acting $94,000,000; and 12203: Chief of the Marine Mammal Conservation Whereas, the difference between an appro- To be major general Division, National Marine Fisheries Service, priation of forty per cent and an appropria- Brig. Gen. James Sanders, 0000 Office of Protected Resources, Department of tion of ten per cent for ‘‘education of the Brig. Gen. David E. Tanzi, 0000 Commerce, transmitting, pursuant to law, handicapped’’ would amount to $70,500,000 The following named officers for appoint- the report of a rule entitled ‘‘Taking of Ma- just for the Department of Education. If the ment in the United States Air Force to the rine Mammals Incidental to Commercial number of students receiving special edu- grade indicated under title 10, U.S.C., section Fishing Operations; Atlantic Large Whale cation and related services equaled 22,000 624: Take Reduction Plan Regulations; Remove during the fiscal year 1999–2000, then the dif- To be major general and Reserve Gear Marking Requirements for ference would have amounted to approxi- Northeast U.S. Fisheries’’ (RIN0648–AN40) re- mately $3,200 per student; and Brig. Gen. Kevin P. Chilton, 0000 ceived on May 21, 2001; to the Committee on Whereas, the State of Hawaii, through the Brig. Gen. John D. W. Corley, 0000 Commerce, Science, and Transportation. Felix consent decree, is being compelled by Brig. Gen. Tommy F. Crawford, 0000 EC–2044. A communication from the Acting the federal district court to make up for Brig. Gen. Charles E. Croom Jr., 0000 Director of the Office of Sustainable Fish- more than twenty years of insufficient fund- Brig. Gen. David A. Deptula, 0000 eries, National Marine Fisheries Service, De- ing for special education and related serv- Brig. Gen. Gary R. Dylewski, 0000 partment of Commerce, transmitting, pursu- ices-funding that should have been borne Brig. Gen. Michael A. Hamel, 0000 ant to law, the report of a rule entitled substantially by Congress, which enacted the Brig. Gen. James A. Hawkins, 0000 ‘‘Fisheries of the Exclusive Economic Zone Education for All Handicapped Children Act Brig. Gen. Gary W. Heckman, 0000 Off Alaska—Closure for Hook-and-Line Gear of 1975 and the Individuals with Disabilities Brig. Gen. Jeffrey B. Kohler, 0000 Groundfish Fishing, Gulf of Alaska (except Education Act of 1990; and Brig. Gen. Edward L. LaFountaine, 0000 for sablefish or demersal shelf rockfish in Whereas, if Congress is going to mandate Brig. Gen. Dennis R. Larsen, 0000 the Southeast Outside District)’’ received on new programs or increase the level of service Brig. Gen. Daniel P. Leaf, 0000 May 21, 2001; to the Committee on Com- under existing programs for children with Brig. Gen. Maurice L. McFann Jr., 0000 merce, Science, and Transportation. disabilities, and if it is going to give the fed- Brig. Gen. Richard A. Mentemeyer, 0000 EC–2045. A communication from the Pro- eral courts unfettered power to enforce these Brig. Gen. Paul D. Nielsen, 0000 gram Analyst of the Federal Aviation Ad- mandates through the imposition of fines Brig. Gen. Thomas A. O’Riordan, 0000 ministration, Department of Transportation, and the appointment of masters, then Con- Brig. Gen. Quentin L. Peterson, 0000 transmitting, pursuant to law, the report of gress should provide sufficient funding for Brig. Gen. Lorraine K. Potter, 0000 a rule entitled ‘‘Amendment to Class E Air- special education and related services; now, Brig. Gen. James G. Roudebush, 0000 space; Monroe City, MO’’ ((RIN2120– therefore, be it Brig. Gen. Mary L. Saunders, 0000 AA66)(2001–0091)) received on May 21, 2001; to Resolved by the Senate of the Twenty-first Brig. Gen. Joseph B. Sovey, 0000 the Committee on Commerce, Science, and Legislature of the State of Hawaii, Regular Ses- Brig. Gen. John M. Speigel, 0000 Transportation. sion of 2001, That the United States Congress Brig. Gen. Craig P. Weston, 0000 EC–2046. A communication from the Direc- is requested to appropriate funds for forty Brig. Gen. Donald J. Wetekam, 0000 tor of the Office of Management and Budget, per cent of special education and related Brig. Gen. Gary A. Winterberger, 0000 Executive Office of the President, transmit- services for children with disabilities; and be The following named officers for appoint- ting, pursuant to law, a cumulative report it further ment in the United States Air Force to the on rescissions and deferrals dated May 1, Resolved, That certified copies of this Reso- grade indicated under title 10, U.S.C., section 2001; transmitted jointly, pursuant to the lution be transmitted to the Speaker of the 624: order of January 30, 1975, as modified by the United States House of Representatives, the To be major general order of April 11, 1986; to the Committees on President pro tempore of the United States Brig. Gen. Michael A. Hamel, 0000 Appropriations; the Budget; and Foreign Re- Senate, the Vice-President of the United lations. States, and the members of Hawaii’s con- The following named United States Air gressional delegation. Force Reserve officer for appointment as f Chief of Air Force Reserve and for appoint- PETITIONS AND MEMORIALS f ment to the grade indicated under title 10, U.S.C., sections 8038 and 601: The following petitions and memo- REPORTS OF COMMITTEES rials were laid before the Senate and The following reports of committees To be lieutenant general were referred or ordered to lie on the were submitted: Maj. Gen. James E. Sherrard III, 0000 table as indicated: By Mr. HELMS, from the Committee on The following Air National Guard of the United States officers for appointment in the POM–72. A resolution adopted by the Sen- Foreign Relations, without amendment and Reserve of the Air Force to the grades indi- ate of the Legislature of the State of Hawaii with a preamble: cated under title 10, U.S.C., section 12203: relative to appropriated funds for children S. Res. 88: A resolution expressing the with disabilities; to the Committee on Ap- sense of the Senate on the importance of To be major general propriations. membership of the United States on the Brig. Gen. Gregory B. Gardner, 0000 United Nations Human Rights Commission. SENATE RESOLUTION NO. 47 Brig. Gen. Robert I. Gruber, 0000 S. Con. Res. 35: A concurrent resolution ex- Brig. Gen. Craig R. McKinley, 0000 Whereas, under Title 20, section 1411(a) of pressing the sense of Congress that Lebanon, Brig. Gen. James M. Skiff, 0000 the United States Code, the maximum Syria, and Iran should allow representatives To be brigadier general amount of federal funds that a state may re- of the International Committee of the Red ceive for special education and related serv- Cross to visit the four Israelis, Adi Avitan, Col. Richard W. Ash, 0000 ices is the number of children with disabil- Binyamin Avraham, Omar Souad, and Col. Thomas L. Bene Jr., 0000 ities in the State who are receiving special Elchanan Tannenbaum, presently held by Col. Philip R. Bunch, 0000 education and related services multiplied by Hezbollah forces in Lebanon. Col. Charles W. Collier Jr., 0000 forty percent of the average per-pupil ex- S. Con. Res. 42: A concurrent resolution Col. Ralph L. Dewsnup, 0000 penditure in public elementary and sec- condemning the Taleban for their discrimi- Col. Carol Ann Fausone, 0000 ondary schools in the United States; and natory policies and for other purposes. Col. Scott A. Hammond, 0000 Whereas, since the enactment of the Edu- Col. David K. Harris, 0000 cation for All Handicapped Children Act of f Col. Donald A. Haught, 0000 1975 and its subsequent amendments, includ- EXECUTIVE REPORTS OF Col. Kencil J. Heaton, 0000 ing the Individuals with Disabilities Edu- COMMITTEES Col. Terry P. Heggemeier, 0000 cation Act of 1990, Congress has appropriated Col. Randall E. Horn, 0000 funds for a maximum of ten per cent of spe- The following executive reports of Col. Thomas J. Lien, 0000 cial education and related services for chil- committees were submitted: Col. Dennis G. Lucas, 0000

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5614 CONGRESSIONAL RECORD — SENATE May 24, 2001 Col. Joseph E. Lucas, 0000 Col. Jan M. Camplin, 0000 (The above nominations were re- Col. Frank Pontelandolfo Jr., 0000 Col. Julia J. Cleckley, 0000 ported with the recommendation that Col. Ronald E. Shoopman, 0000 Col. Stephen D. Collins, 0000 they be confirmed.) Col. Benton M. Smith, 0000 Col. Bruce E. Davis, 0000 Mr. REED. Mr. President, for the Col. Homer A. Smith, 0000 Col. John L. Enright, 0000 Col. Annette L. Sobel, 0000 Col. Joseph M. Gately, 0000 Committee on Armed Services, I report Col. Clair Robert H. St. III, 0000 Col. John S. Gong, 0000 favorably the following nomination Col. Michael H. Weaver, 0000 Col. David E. Greer, 0000 lists which were printed in the Col. Lawrence H. Woodbury, 0000 Col. John S. Harrel, 0000 RECORDS of the dates indicated, and The following named officer for appoint- Col. Keith D. Jones, 0000 ask unanimous consent, to save the ex- ment in the United States Army to the grade Col. Timothy M. Kennedy, 0000 pense of reprinting on the Executive indicated under title 10, U.S.C., section 624: Col. Martin J. Lucenti, 0000 Calendar that these nominations lie at Col. Buford S. Mabry Jr., 0000 To be brigadier general the Secretary’s desk for the informa- Col. John R. Mullin, 0000 Col. Charles W. Fox, Jr., 0000 Col. Edward C. O’Neill, 0000 tion of Senators. The following named officer for appoint- Col. Nicholas Ostapenko, 0000 The PRESIDING OFFICER. Without ment in the United States Army to the grade Col. Michael B. Pace, 0000 objection, it is so ordered. indicated while assigned to a position of im- Col. Marvin W. Pierson, 0000 Air Force nomination of Roy V. Bousquet, portance and responsibility under title 10, Col. David W. Raes, 0000 which was received by the Senate and ap- U.S.C., section 601: Col. Thomas E. Stewart, 0000 peared in the CONGRESSIONAL RECORD on May To be lieutenant general Col. John L. Trost, 0000 2, 2001. Maj. Gen. Roy E. Beauchamp, 0000 Col. Stephen F. Villacorta, 0000 Air Force nominations beginning JEF- Col. Alan J. Walker, 0000 FREY E. FRY and ending GEORGE A. The following Army National Guard of the Col. Jimmy G. Welch, 0000 MAYLEBEN, which nominations were re- United States officer for appointment in the Col. George W. Wilson, 0000 ceived by the Senate and appeared in the Reserve of the Army to the grade indicated Col. Jessica L. Wright, 0000 CONGRESSIONAL RECORD on May 16, 2001. under title 10, U.S.C., section 12203: Col. Arthur H. Wyman, 0000 Army nominations beginning LARRY J. To be brigadier general Col. Mark E. Zirkelbach, 0000 CIANCIO and ending FREDRIC D. Col. David C. Harris, 0000 The following Army National Guard of the SHEPPARD, which nominations were re- The following named officer for appoint- United States officer for appointment in the ceived by the Senate and appeared in the ment in the Reserve of the Army to the Reserve of the Army to the grade indicated CONGRESSIONAL RECORD on April 23, 2001. grade indicated under title 10, U.S.C., section under title 10, U.S.C., section 12203: Army nominations beginning CARLTON JACKSON and ending RICHARD D. MILLER, 12203: To be brigadier general which nominations were received by the Sen- To be brigadier general Col. Gary A. Quick, 0000 ate and appeared in the CONGRESSIONAL Col. Lawrence J. Johnson, 0000 The following named officer for appoint- RECORD on April 23, 2001. The following Army National Guard of the ment in the United States Army to the grade Army nominations beginning CHARLES R. United States officers for appointment in the indicated while assigned to a position of im- BARNES and ending JOSEPH WELLS, which Reserve of the Army to the grade indicated portance and responsibility under title 10, nominations were received by the Senate and under title 10, U.S.C., section 12203: U.S.C., section 601: appeared in the CONGRESSIONAL RECORD on To be major general To be lieutenant general May 8, 2001. Army nominations beginning JOHN R. Maj. Gen. William J. Lennox Jr., 0000 Brig. Gen. James L. Pruitt, 0000 MATHEWS and ending KARL C. THOMP- To be brigadier general The following named officer for appoint- SON, which nominations were received by ment in the United States Navy to the grade Col. Timothy C. Barrick, 0000 the Senate and appeared in the CONGRES- indicated while assigned to a position of im- Col. Claude A. Williams, 0000 SIONAL RECORD on May 16, 2001. portance and responsibility under title 10, Navy nomination of Dale J. Danko, which The following named Army National Guard U.S.C., section 601: of the United States officer for appointment was received by the Senate and appeared in To be vice admiral as Director, Army National Guard and for the CONGRESSIONAL RECORD on April 23, 2001. Navy nomination of Delbert G. Yordy, appointment to the grade indicated under Rear Adm. Alfred G. Harms Jr., 0000 which was received by the Senate and ap- title 10, U.S.C., sections 10506 and 601: The following named Naval Reserve officer peared in the CONGRESSIONAL RECORD on To be lieutenant general for appointment as Chief of Naval Reserve and for appointment to the grade indicated April 23, 2001. Maj. Gen. Roger C. Schultz, 0000 Navy nomination of Alexander L. under title 10, U.S.C., sections 5143 and 601: The following named officer for appoint- Krongard, which was received by the Senate To be vice admiral ment in the United States Army to the grade and appeared in the CONGRESSIONAL RECORD indicated while assigned to a position of im- Rear Adm. John B. Totushek, 0000 on April 23, 2001. portance and responsibility under title 10, The following named Naval officer for ap- Navy nominations beginning ROBERT M U.S.C., section 601: pointment in the United States Marine Corps ABUBO and ending ERIC D WILLIAMS, which nominations were received by the Sen- To be lieutenant general to the grade indicated while assigned to a po- sition of importance and responsibility under ate and appeared in the CONGRESSIONAL Lt. Gen. Johnny M. Riggs, 0000 title 10, U.S.C., section 601: RECORD on April 26, 2001. The following named United States Army To be lieutenant general Marine Corps nominations beginning RON- Reserve officer for appointment as Chief, ALD H ANDERSON and ending JOHN H Army Reserve and for appointment to the Maj. Gen. Robert Magnus, 0000 WILLIAMS, which nominations were re- grade indicated under title 10, U.S.C., sec- The following named United States Marine ceived by the Senate and appeared in the tions 3038 and 601: Corps Reserve officer for appointment as CONGRESSIONAL RECORD on May 9, 2001. Commander, Marine Forces Reserve and for To be lieutenant general By Mr. MCCAIN for the Committee appointment to the grade indicated under Maj. Gen. Thomas J. Plewes, 0000 title 10, U.S.C., sections 5144 and 601: on Commerce, Science, and Transpor- The following Army National Guard of the To be lieutenant general tation. United States officers for appointment in the Donna R. McLean, of the District of Co- Maj. Gen. Dennis M. McCarthy, 0000 Reserve of the Army to the grade indicated lumbia, to be an Assistant Secretary of under title 10, U.S.C., section 12203: The following named officer for appoint- Transportation. To be major general ment in the United States Marine Corps to Sean B. O’Hollaren, of Oregon, to be an As- the grade indicated while assigned to a posi- Brig. Gen. John C. Atkins, 0000 sistant Secretary of Transportation. tion of importance and responsibility under Maria Cino, of Virginia, to be Assistant Brig. Gen. Danny B. Callahan, 0000 title 10, U.S.C., section 601: Brig. Gen. Robert C. Hughes, Jr., 0000 Secretary of Commerce and Director General To be lieutenant general Brig. Gen. James H. Lipscomb III, 0000 of the United States and Foreign Commer- Brig. Gen. Charles L. Rosenfeld, 0000 Lt. Gen. William L. Nyland, 0000 cial Service. Timothy J. Muris, of Virginia, to be a Fed- Brig. Gen. Ronald S. Stokes, 0000 The following named officer for appoint- eral Trade Commissioner for the unexpired ment in the United States Marine Corps to To be brigadier general term of seven years from September 26, 1994. the grade indicated while assigned to a posi- Col. Roger L. Allen, 0000 Bruce P. Mehlman, of Maryland, to be As- tion of importance and responsibility under Col. Edward H. Ballard, 0000 sistant Secretary of Commerce for Tech- title 10, U.S.C., section 601: Col. Bruce R. Bodin, 0000 nology Policy. Col. Gary D. Brays, 0000 To be lieutenant general Kevin J. Martin, of North Carolina, to be a Col. Willard C. Broadwater, 0000 Maj. Gen. Wallace C. Gregson, Jr., 0000 Member of the Federal Communications

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5615 Commission for a term of five years from 3/22/2000, $1,000, Giuliani, Rudolph duly constituted committee of the Sen- July 1, 2001. 12/13/99, $1,000, Blunt, Roy ate.) Kathleen B. Cooper, of Texas, to be Under 12/9/99, $1,000, Abraham, Spencer Mr. HELMS. Mr. President, for the Secretary of Commerce for Economic Af- 11/15/99, $1,000, Emerson, JoAnn Committee on Foreign Relations, I re- fairs. 11/4/99, $250, Federer, William J Kathleen Q. Abernathy, of Maryland, to be 6/8/99, $5,000, HECO PAC port favorably the following nomina- a Member of the Federal Communications 4/7/99, $1,000, John Ashcroft tion lists which were printed in the Commission for a term of five years from 3/17/99, $380, Ehlmann, Steven E. RECORDS of the dates indicated, and July 1, 1999. 3/17/99, $1,000, Bush, George W. ask unanimous consent, to save the ex- Michael Joseph Copps, of Virginia, to be a 10/23/98, $500, Inglis, Bob pense of reprinting on the Executive Member of the Federal Communications 10/19/98, $250, Federer, William J. Calendar that these nominations lie at Commission for a term of five years from 10/14/98, $1,000, Talent, James M. the Secretary’s desk for the informa- July 1, 2000. 9/22/98, $1,000, Emerson, JoAnn tion of Senators. Michael K. Powell, of Virginia, to be a 6/17/98, $500, Fitzgerald (IL Sen) Member of the Federal Communications 4/29/98, $5,000, HECO PAC The PRESIDING OFFICER. Without Commission for a term of five years from 4/7/98, $2,000, Kit Bond objection, it is so ordered. July 1, 2002. 12/30/97, $1,000, Specter, Arlen Foreign Service nominations beginning By Mr. GRASSLEY for the Com- 12/23/97, $5,000, The Leadership Alliance Laron L. Jensen and ending Karen L. Zens, mittee on Finance. 12/1/97, $1,000, Talent, James M. which nominations were received by the Sen- 9/30/97, $500, Voinovich, George V. ate and appeared in the CONGRESSIONAL Piyush Jindal, of Louisiana, to be an As- 5/11/97, $5,000, Spirit of America PAC RECORD on April 23, 2001. sistant Secretary of Health and Human Serv- Note: Between 1997 and 2000 Mr. Brauer has Foreign Service nominations beginning ices. made contributions to the following organi- Ralph K. Bean and ending Richard Oliver Claude A. Allen, of Virginia, to be Deputy Lankford, which nominations were received Secretary of Health and Human Services. zations which are non federal contributions: RNC/Republican National State Elections by the Senate and appeared in the CONGRES- James Gurule, of Michigan, to be Under SIONAL RECORD on April 23, 2001. Secretary of the Treasury for Enforcement. Committee; 1999 State Victory Fund Com- Thomas Scully, of Virginia, to be Adminis- mittee, Ashcroft Victory Committee, non By Mr. SPECTER for the Committee trator of the Health Care Financing Admin- federal; NRSC/non federal; Missouri Repub- on Veterans’ Affairs. lican State Committee; Republican National istration. Maureen Patricia Cragin, of Maine, to be Committee; Spirit of America PAC. Peter R. Fisher, of New Jersey, to be an an Assistant Secretary of Veterans Affairs Under Secretary of the Treasury. Camilla T. Brauer (Wife) (Public and Intergovernmental Affairs). By Mr. HELMS for the Committee on Date, amount, recipient: Leo S. Mackay, Jr., of Texas, to be Deputy Foreign Relations. 8/22/00, $1,000, Rick Lazio Secretary of Veterans Affairs. 8/10/00, $10,000, MO Republican Party Fed Robin L. Higgins, of Florida, to be Under Thelma J. Askey, of Tennessee, to be Di- Acct Secretary of Veterans Affairs for Memorial rector of the Trade and Development Agen- 8/10/00, $5,000, RNC Federal Acct. Affairs. cy. 8/10/00, $1,000, Lazio 2000 Jacob Lozada, of Puerto Rico, to be an As- A. Elizabeth Jones, of Maryland, a Career 3/28/00, $1,000, McNary, Gene sistant Secretary of Veterans Affairs. Member of the Senior Foreign Service, Class 3/23/00, $1,000, Giuliani, Rudolph (The above nominations were re- of Career Minister, to be an Assistant Sec- 11/15/99, $1,000, Emerson, Jo An retary of State (European Affairs). 4/7/99, $1,000, John Ashcroft ported with the recommendation that Walter H. Kansteiner, of Virginia, to be an 3/17/99, $1,000, Bush, George W. they be confirmed subject to the nomi- Assistant Secretary of State (African Af- 12/21/98, $2,000, Ashcroft, John nees’ commitment to respond to re- fairs). 10/14/98, $1,000, Talent, James quests to appear and testify before any Peter S. Watson, of California, to be Presi- 4/7/98, $2,000, Kit Bond duly constituted committee of the Sen- dent of the Overseas Private Investment Cor- 12/1/97, $1,000, Talent, James ate.) poration. 5/12/97, $5,000, Spirit of America PAC Lorne W. Craner, of Virginia, to be Assist- 2/6/97, $1,000, Bond, Christopher f ant Secretary of State for Democracy, Human Rights, and Labor. A.J. Brauer, III (Brother) William J. Burns, of the District of Colum- Date, amount, recipient: INTRODUCTION OF BILLS AND bia, a Career Member of the Senior Foreign 11/01/00, $1,000, Aschroft, John JOINT RESOLUTIONS Service, Class of Minister-Counselor, to be 9/28/98, $250, Bond, Christopher The following bills and joint resolu- 3/31/98, $1,000, McCain, John an Assistant Secretary of State (Near East- tions were introduced, read the first ern Affairs). Blackford F. Brauer (Son) Ruth A. Davis, of Georgia, a Career Mem- and second times by unanimous con- Date, amount, recipient: sent, and referred as indicated: ber of the Senior Foreign Service, Class of 6/16/99, $1,000, Bush, George W. Career Minister, to be Director General of By Mr. BOND: Stephen F. Brauer, Jr. (Son) the Foreign Service. S. 945. A bill to amend the Internal Rev- Carl W. Ford, Jr., of Arkansas, to be an As- Date, amount, recipient: enue Code of 1986 to repeal the recognition of sistant Secretary of State (Intelligence and 6/16/99, $1,000, Bush, George W. capital gain rule for home offices; to the Research). Rebecca R. Brauer (Daughter) Committee on Finance. Christina B. Rocca, of Virginia, to be As- Date, amount, recipient: By Ms. SNOWE (for herself, Ms. MIKUL- sistant Secretary of State for South Asian 6/16/99, $1,000, Bush, George W. SKI, and Mr. HARKIN): Affairs. S. 946. A bill to establish an Office on A. Bryan MacMillan (Stepfather) Stephen Brauer, of Missouri, to be Ambas- Women’s Health within the Department of sador Extraordinary and Plenipotentiary of Date, amount, recipient: Health and Human Services; to the Com- the United States of America to Belgium. 4/23/98, $1,000, Kit Bond mittee on Health, Education, Labor, and (The following is a list of all members of Mrs. Lee Hunter (Mother) Pensions. my immediate family and their spouses. I Date, amount, recipient: By Mrs. FEINSTEIN (for herself and have asked each of these persons to inform 5/11/00, $2,000, George Bush Mr. INHOFE): me of the pertinent contributions made by 9/22/99, $1,000, Gene McNary S. 947. A bill to amend the Clean Air Act to them. To the best of my knowledge, the in- 6/25/99, $1,000, Gene McNary permit the Governor of a State to waive the formation contained in this report is com- 6/23/99, $1,000, John Ashcroft oxygen content requirement for reformu- plete and accurate.) Nominee: Stephen F. lated gasoline, and for other purposes; to the Brauer. Paul Vincent Kelly, of Virginia, to be an Committee on Environment and Public Contributions, amount, date, and donee: Assistant Secretary of State (Legislative Af- Works. Date, amount, recipient: fairs). By Mr. LOTT (for himself and Mr. 1/31/2001, $2,000, Roy Blunt Donald Burnham Ensenat, of Louisiana, to KERRY): 9/2/2000, $1,000, Akin, W. Todd be Chief of Protocol, and to have the rank of S. 948. A bill to amend title 23, United 8/22/2000, $5,000, Republican Natl Comm, Fed ambassador during his tenure of service. States Code, to require the Secretary of Acct (The above nominations were re- Transportation to carry out a grant program 7/28/2000, $1,000, Rick Lazio for providing financial assistance for local 6/27/2000, $1,000, Shimkus, John M. ported with the recommendation that rail line relocation projects, and for other 6/20/2000, $1,000, Graves, Sam they be confirmed subject to the nomi- purposes; to the Committee on Commerce, 6/7/2000, $1,000, Federer, William J. nees’ commitment to respond to re- Science, and Transportation. 3/28/2000, $1,000, NcNary, Gene quests to appear and testify before any By Mrs. FEINSTEIN:

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5616 CONGRESSIONAL RECORD — SENATE May 24, 2001 S. 949. A bill for the relief of Zhengfu Ge; S. 957. A bill to provide certain safeguards ADDITIONAL COSPONSORS to the Committee on the Judiciary. with respect to the domestic steel industry; By Mr. SMITH of New Hampshire (for to the Committee on Finance. S. 29 himself and Mr. REID): By Mr. REID (for himself and Mr. EN- At the request of Mr. BOND, the name S. 950. A bill to amend the Clean Air Act to SIGN): of the Senator from Washington (Ms. address problems concerning methyl tertiary S. 958. A bill to provide for the use and dis- CANTWELL) was added as a cosponsor of butyl ether, and for other purposes; to the tribution of the funds awarded to the West- S. 29, a bill to amend the Internal Rev- Committee on Environment and Public ern Shoshone identifiable group under Indian enue Code of 1986 to allow a deduction Works. Claims Commission Docket Numbers 326–A– for 100 percent of the health insurance By Ms. SNOWE (for herself, Mr. KERRY, 1, 326–A–3, 326–K, and for other purposes; to costs of self-employed individuals. Mr. MCCAIN, Mr. HOLLINGS, Mr. the Committee on Indian Affairs. BREAUX, Mr. LOTT, Mr. MURKOWSKI, By Mr. BAUCUS: S. 37 and Mr. DEWINE): S. 959. A bill to amend title 49, United At the request of Mr. LUGAR, the S. 951. A bill to authorize appropriations States Code, to authorize the Secretary of name of the Senator from Alaska (Mr. for the Coast Guard, and for other purposes; Transportation to consider the impact of se- MURKOWSKI) was added as a cosponsor to the Committee on Commerce, Science, vere weather conditions on Montana’s avia- and Transportation. of S. 37, a bill to amend the Internal tion public and establish regulatory distinc- By Mr. GREGG (for himself, Mr. KEN- Revenue Code of 1986 to provide for a tions consistent with those applied to the NEDY, Mr. DEWINE, and Mr. BAYH): charitable deduction for contributions S. 952. A bill to provide collective bar- State of Alaska; to the Committee on Com- of food inventory. merce, Science, and Transportation. gaining rights for public safety officers em- S. 41 ployed by States or their political subdivi- By Mr. BINGAMAN (for himself, Mr. At the request of Mr. HATCH, the sions; to the Committee on Health, Edu- CRAIG, Mr. COCHRAN, Ms. COLLINS, cation, Labor, and Pensions. Mr. DASCHLE, Mr. DORGAN, Mr. EN- name of the Senator from Washington By Mr. MCCONNELL (for himself, Mr. SIGN, Mrs. MURRAY, Ms. STABENOW, (Ms. CANTWELL) was added as a cospon- SCHUMER, Mr. TORRICELLI, Mr. and Mr. WARNER): sor of S. 41, a bill to amend the Inter- BROWNBACK, Mr. ALLARD, Mr. AKAKA, S. 960. A bill to amend title XVIII of the nal Revenue Code of 1986 to perma- Mr. ALLEN, Mr. BAYH, Mr. BENNETT, Social Security Act to expand coverage of nently extend the research credit and Mrs. BOXER, Mr. BUNNING, Mr. medical nutrition therapy services under the to increase the rates of the alternative medicare program for beneficiaries with car- BREAUX, Mr. BURNS, Ms. CANTWELL, incremental credit. Mr. CAMPBELL, Mr. CHAFEE, Mr. diovascular diseases; to the Committee on S. 155 CLELAND, Ms. COLLINS, Mrs. CLINTON, Finance. Mr. CRAIG, Mr. CONRAD, Mr. CRAPO, By Mrs. BOXER: At the request of Mr. BINGAMAN, the Mr. CORZINE, Mr. DEWINE, Mr. S. 961. A bill to promote research to iden- name of the Senator from Nevada (Mr. DASCHLE, Mr. DOMENICI, Mr. DAYTON, tify and evaluate the health effects of breast REID) was added as a cosponsor of S. Mr. ENSIGN, Mr. DURBIN, Mr. ENZI, implants; to ensure that women receive ac- 155, a bill to amend title 5, United Mr. EDWARDS, Mr. FRIST, Mr. GRA- curate information about such implants and States Code, to eliminate an inequity HAM, Mr. GRAMM, Mr. INOUYE, Mr. to encourage the Food and Drug Administra- in the applicability of early retirement GREGG, Mr. JOHNSON, Mr. HATCH, Mr. tion to thoroughly review the implant manu- eligibility requirements to military re- KENNEDY, Mr. HELMS, Mr. KERRY, facturers’ standing with the agency; to the Mrs. HUTCHISON, Mr. KOHL, Mr. JEF- Committee on Health, Education, Labor, and serve technicians. FORDS, Ms. LANDRIEU, Mr. LOTT, Mr. Pensions. S. 170 LEAHY, Mr. LUGAR, Ms. MIKULSKI, Mr. By Mr. HUTCHINSON: At the request of Mr. REID, the NELSON of Nebraska, Mr. MURKOWSKI, S. 962. A bill to preserve open competition names of the Senator from Utah (Mr. Mr. NELSON of Florida, Mr. ROBERTS, and Federal Government neutrality towards BENNETT) and the Senator from New Mr. ROCKEFELLER, Mr. SANTORUM, the labor relations of Federal Government York (Mr. SCHUMER) were added as co- Mr. WELLSTONE, Mr. SESSIONS, Mr. contractors on Federal and federally funded sponsors of S. 170, a bill to amend title SHELBY, Mr. SMITH of New Hamp- construction projects; to the Committee on shire, Mr. SMITH of Oregon, Mr. SPEC- Governmental Affairs. 10, United States Code, to permit re- TER, Mr. STEVENS, Mr. THOMAS, Mr. By Mr. DURBIN: tired members of the Armed Forces THOMPSON, Mr. WARNER, Mrs. CARNA- S. 963. A bill for the relief of Ana Esparza who have a service-connected dis- HAN, Mr. THURMOND, and Mr. GRASS- and Maria Munoz; to the Committee on the ability to receive both military retired LEY): Judiciary. pay by reason of their years of military S. 953. A bill to establish a Blue Ribbon service and disability compensation Study Panel and an Election Administration Commission to study voting procedures and f from the Department of Veterans Af- election administration, to provide grants to fairs for their disability. modernize voting procedures and election ad- SUBMISSION OF CONCURRENT AND S. 217 ministration, and for other purposes; to the SENATE RESOLUTIONS At the request of Mr. SCHUMER, the Committee on Rules and Administration. name of the Senator from Vermont By Mr. TORRICELLI (for himself and The following concurrent resolutions (Mr. LEAHY) was added as a cosponsor Mr. CORZINE): and Senate resolutions were read, and of S. 217, a bill to amend the Internal S. 954. A bill to amend title XVIII of the referred (or acted upon), as indicated: Social Security Act to provide that geo- Revenue Code of 1986 to provide a uni- By Mr. CLELAND (for himself, Mr. graphic reclassifications of hospitals from form dollar limitation for all types of MCCAIN, Mr. LEVIN, Mrs. HUTCHISON, one urban area to another urban area do not transportation fringe benefits exclud- Mr. BIDEN, Mr. JEFFORDS, Ms. LAN- result in lower wage indexes in the urban DRIEU, Mr. BENNETT, Mr. MILLER, able from gross income, and for other area in which the hospital was originally Mrs. MURRAY, Mr. JOHNSON, Mrs. purposes. classified; to the Committee on Finance. CARNAHAN, Mr. DAYTON, Mr. CONRAD, S. 281 By Mr. KENNEDY (for himself, Mr. Mr. KENNEDY, Mr. DURBIN, Mr. GRAHAM, Mr. LEAHY, Mr. KERRY, Mr. At the request of Mr. HAGEL, the HATCH, Mrs. CLINTON, Mr. SESSIONS, WELLSTONE, Mr. DODD, Mr. INOUYE, names of the Senator from Rhode Is- Mr. ALLEN, and Mr. NELSON of Ne- Mr. DURBIN, Mr. FEINGOLD, and Mr. land (Mr. CHAFEE) and the Senator braska): AKAKA): from Indiana (Mr. BAYH) were added as S. 955. A bill to amend the Immigration S. Res. 94. A resolution expressing the sense of the Senate to designate May 28, 2001, cosponsors of S. 281, a bill to authorize and Nationality Act to modify restrictions the design and construction of a tem- added by the Illegal Immigration Reform as a special day for recognizing the members and Immigration Responsibility Act of 1996; of the Armed Forces who have been killed in porary education center at the Viet- to the Committee on the Judiciary. hostile action since the end of the Vietnam nam Veterans Memorial. By Mr. CORZINE: War; considered and agreed to. S. 291 S. 956. A bill to amend title 23, United By Mr. LEVIN (for himself and Mr. At the request of Mr. THOMPSON, the States Code, to promote the use of safety VOINOVICH): name of the Senator from Washington belts and child restraint systems by chil- S. Con. Res. 43. A concurrent resolution ex- (Ms. CANTWELL) was added as a cospon- dren, and for other purposes; to the Com- pressing the sense of the Senate regarding mittee on Environment and Public Works. the Republic of Korea’s ongoing practice of sor of S. 291, a bill to amend the Inter- By Mr. WELLSTONE (for himself, Mr. limiting United States motor vehicles access nal Revenue Code of 1986 to allow a de- DAYTON, Mr. BYRD, and Ms. STABE- to its domestic market; to the Committee on duction for State and local sales taxes NOW): Finance. in lieu of State and local income taxes

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5617 and to allow the State and local in- (Mr. THOMAS), the Senator from Kansas amend title XIX of the Social Security come tax deduction against the alter- (Mr. ROBERTS), the Senator from Geor- Act to increase the floor for treatment native minimum tax. gia (Mr. MILLER), and the Senator from as an extremely low DSH State to 3 S. 410 Idaho (Mr. CRAPO) were added as co- percent in fiscal year 2002. At the request of Mr. CRAPO, the sponsors of S. 657, a bill to authorize S. 781 name of the Senator from Delaware funding for the National 4–H Program At the request of Mr. AKAKA, the (Mr. BIDEN) was added as a cosponsor of Centennial Initiative. name of the Senator from North Da- S. 410, a bill to amend the Violence S. 661 kota (Mr. CONRAD) was added as a co- Against Women Act of 2000 by expand- At the request of Mr. THOMPSON, the sponsor of S. 781, a bill to amend sec- ing legal assistance for victims of vio- name of the Senator from Idaho (Mr. tion 3702 of title 38, United States lence grant program to include assist- CRAIG) was added as a cosponsor of S. Code, to extend the authority for hous- ance for victims of dating violence. 661, a bill to amend the Internal Rev- ing loans for members of the Selected S. 452 enue Code of 1986 to repeal the 4.3-cent Reserve. At the request of Mr. MURKOWSKI, the motor fuel exercise taxes on railroads S. 788 names of the Senator from Missouri and inland waterway transportation At the request of Mr. SCHUMER, the (Mr. BOND) and the Senator from Colo- which remain in the general fund of the name of the Senator from New York rado (Mr. CAMPBELL) were added as co- Treasury. (Mrs. CLINTON) was added as a cospon- sponsors of S. 452, a bill to amend title S. 677 sor of S. 788, a bill to amend the Public XVIII of the Social Security Act to en- At the request of Mr. HATCH, the Health Service Act to establish a Na- sure that the Secretary of Health and names of the Senator from Maine (Ms. tional Organ and Tissue Donor Reg- Human Services provides appropriate COLLINS) and the Senator from Ne- istry that works in conjunction with guidance to physicians, providers of braska (Mr. NELSON) were added as co- State organ and tissue donor registries, services, and ambulance providers that sponsors of S. 677, a bill to amend the to create a public-private partnership are attempting to properly submit Internal Revenue Code of 1986 to repeal to launch an aggressive outreach and claims under the medicare program to the required use of certain principal re- education campaign about organ and ensure that the Secretary does not tar- payments on mortgage subsidy bond fi- tissue donation and the Registry, and get inadvertent billing errors. nancing to redeem bonds, to modify the for other purposes. At the request of Mr. ALLARD, his purchase price limitation under mort- S. 830 name was added as a cosponsor of S. gage subsidy bond rules based on me- At the request of Mr. CHAFEE, the 452, supra. dian family income, and for other pur- names of the Senator from South Da- S. 494 poses. kota (Mr. DASCHLE) and the Senator At the request of Mr. FRIST, the At the request of Mr. BREAUX, the from Massachusetts (Mr. KENNEDY) names of the Senator from North Caro- name of the Senator from South Caro- were added as cosponsors of S. 830, a lina (Mr. HELMS) and the Senator from lina (Mr. HOLLINGS) was added as a co- bill to amend the Public Health Serv- New York (Mrs. CLINTON) were added as sponsor of S. 677, supra. ice Act to authorize the Director of the cosponsors of S. 494, a bill to provide S. 686 National Institute of Environmental for a transition to democracy and to At the request of Mrs. LINCOLN, the Health Sciences to make grants for the promote economic recovery in names of the Senator from Massachu- development and operation of research Zimbabwe. setts (Mr. KERRY) and the Senator from centers regarding environmental fac- S. 572 Arkansas (Mr. HUTCHINSON) were added tors that may be related to the eti- At the request of Mr. CHAFEE, the as cosponsors of S. 686, a bill to amend ology of breast cancer. name of the Senator from Michigan the Internal Revenue Code of 1986 to S. 836 (Ms. STABENOW) was added as a cospon- provide a credit against tax for energy At the request of Mr. CRAIG, the sor of S. 572, a bill to amend title XIX efficient appliances. name of the Senator from Alaska (Mr. of the Social Security Act to extend S 694 MURKOWSKI) was added as a cosponsor modifications to DSH allotments pro- . of S. 836, a bill to amend part C of title vided under the Medicare, Medicaid, At the request of Mr. LEAHY, the XI of the Social Security Act to pro- and SCHIP Benefits Improvement and name of the Senator from Virginia (Mr. vide for coordination of implementa- Protection Act of 2000. ALLEN) was added as a cosponsor of S. 694, a bill to amend the Internal Rev- tion of administrative simplification S. 596 enue Code of 1986 to provide that a de- standards for health care information. At the request of Mr. BINGAMAN, the names of the Senator from Connecticut duction equal to fair market value S. 850 shall be allowed for charitable con- (Mr. LIEBERMAN) and the Senator from At the request of Mr. CHAFEE, the tributions of literary, musical, artistic, Minnesota (Mr. DAYTON) were added as name of the Senator from New Jersey cosponsors of S. 596, a bill to amend the or scholarly compositions created by (Mr. CORZINE) was added as a cosponsor Internal Revenue Code of 1986 to pro- the donor. of S. 850, a bill to expand the Federal vide tax incentives to encourage the S. 697 tax refund intercept program to cover production and use of efficient energy At the request of Mr. HATCH, the children who are not minors. sources, and for other purposes. name of the Senator from South Caro- S. 852 S. 597 lina (Mr. THURMOND) was added as a co- At the request of Mrs. FEINSTEIN, the At the request of Mr. BINGAMAN, the sponsor of S. 697, a bill to modernize name of the Senator from New Jersey names of the Senator from Connecticut the financing of the railroad retire- (Mr. CORZINE) was added as a cosponsor (Mr. LIEBERMAN) and the Senator from ment system and to provide enhanced of S. 852, a bill to support the aspira- Minnesota (Mr. DAYTON) were added as benefits to employees and bene- tions of the Tibetan people to safe- cosponsors of S. 597, a bill to provide ficiaries. guard their distinct identity. for a comprehensive and balanced na- S. 742 S. 856 tional energy policy. At the request of Mr. GRASSLEY, the At the request of Mr. KERRY, the S. 656 name of the Senator from Hawaii (Mr. name of the Senator from Maine (Ms. At the request of Mr. REED, the name AKAKA) was added as a cosponsor of S. SNOWE) was added as a cosponsor of S. of the Senator from Nebraska (Mr. 742, a bill to provide for pension re- 856, a bill to reauthorize the Small HAGEL) was added as a cosponsor of S. form, and for other purposes. Business Technology Transfer Pro- 656, a bill to provide for the adjustment S. 776 gram, and for other purposes. of status of certain nationals of Liberia At the request of Mr. BINGAMAN, the S. 866 to that of lawful permanent residence. names of the Senator from South Da- At the request of Mr. REID, the name S. 657 kota (Mr. DASCHLE) and the Senator of the Senator from West Virginia (Mr. At the request of Mr. LUGAR, the from Arkansas (Mrs. LINCOLN) were BYRD) was added as a cosponsor of S. names of the Senator from Wyoming added as cosponsors of S. 776, a bill to 866, a bill to amend the Public Health

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5618 CONGRESSIONAL RECORD — SENATE May 24, 2001 Service Act to provide for a national First, it requires additional record- business owners from claiming the media campaign to reduce and prevent keeping for home-based business own- home-office deduction. The bill will be underage drinking in the United ers, on top of the enormous burdens effective for sales or exchanges of States. that the tax code already imposes on a homes occurring after December 31, S. 906 small business. Second, when the 2000. At the request of Mr. ENZI, the names home-based business owner decides to of the Senator from Idaho (Mr. CRAIG), sell his home, he must struggle with By Ms. SNOWE (for herself, Ms. the Senator from Wyoming (Mr. THOM- the complexities of calculating the de- MIKULSKI, and Mr. HARKIN): AS), the Senator from Alaska (Mr. preciation recapture or, as is too often S. 946. A bill to establish an Office on MURKOWSKI), and the Senator from Ala- the case, he must hire a costly tax pro- Women’s Health within the Depart- bama (Mr. SESSIONS) were added as co- fessional to undertake the calculations ment of Health and Human Services; to sponsors of S. 906, a bill to provide for and prepare the required tax forms. the Committee on Health, Education, protection of gun owner privacy and Additionally, the depreciation-recap- Labor, and Pensions. ownership rights, and for other pur- ture requirement creates a disincentive Ms. SNOWE. Mr. President, I rise poses. for home-based business owners to today to introduce the Women’s Health claim the home-office deduction in the S. RES. 90 Office Act of 2001 and I am pleased to first place. In fact, I have heard from At the request of Mr. GRAHAM, the be joined on this legislation by my accountants and tax advisors in my name of the Senator from Virginia (Mr. friends and colleagues Senators MIKUL- home State of Missouri that they fre- ALLEN) was added as a cosponsor of S. SKI and HARKIN. Companion legislation quently advise their clients to forego Res. 90, a resolution designating June to this bill has been introduced in the the home-office deduction simply to 3, 2001, as ‘‘National Child’s Day.’’ House by Congresswomen CONNIE avoid the recordkeeping and complex- MORELLA and CAROLYN MALONEY. S. CON. RES. 34 ities associated with recapturing the The Women’s Health Office Act of At the request of Mr. CAMPBELL, the depreciation. That is clearly not what 2001 provides permanent authorization name of the Senator from Michigan Congress intended when it restored the for Offices of Women’s Health in five (Mr. LEVIN) was added as a cosponsor of home-office deduction in 1997. Federal agencies: the Department of S. Con. Res. 34, a concurrent resolution In light of this problem, I rise today Health and Human Services, HHS; the congratulating the Baltic nations of to introduce the ‘‘Home-Office Deduc- Centers for Disease Control and Pre- Estonia, Latvia, and Lithuania on the tion Simplification Act of 2001.’’ This vention, CDC; the Agency for Health tenth anniversary of the reestablish- bill simply repeals the depreciation-re- Care Research and Quality, AHRQ; the ment of their full independence. capture requirement and the disincen- Health Resources and Services Admin- f tive for home-based businesses to uti- istration, HRSA; and the Food and STATEMENTS ON INTRODUCED lize the home-office deduction. At a Drug Administration, FDA. BILLS AND JOINT RESOLUTIONS time when the Nation’s small busi- Currently, only two women’s health nesses are feeling real pain from the By Mr. BOND: offices in the Federal Government have current economic slow down, this bill statutory authorization: the Office of S. 945. A bill to amend the Internal will provide real relief, not only when Revenue Code of 1986 to repeal the rec- Research on Women’s Health at the they sell their homes, but today by giv- National Institutes of Health, NIH, and ognition of capital gain rule for home ing them the benefit of the home-office offices; to the Committee on Finance. the Office for Women’s Services within deduction that Congress intended. the Substance Abuse and Mental Mr. BOND. Mr. President, in 1997 It is my pleasure to be working with Health Services Administration, Congress made an important change in Congressman DONALD MANZULLO, SAMHSA. the tax code for small businesses by re- Chairman of the House Committee on For too many years, women’s health storing the home-office deduction. Small Business, to raise this issue in care needs were ignored or poorly un- That change opened the door for mil- both Chambers. I urge my colleagues in derstood, and women were systemati- lions of Americans to operate success- the Senate to support this legislation cally excluded from important health ful small businesses from their homes. and make the home-office deduction as research. One famous medical study on Now the home-based financial planner simple and accessible as possible. Our breast cancer examined hundreds of or landscape can use an extra bedroom home-based businesses across the na- men. Another federally funded study or a basement to conduct her business tion deserve nothing less. without the cost of commercial office I ask unanimous consent that the examined the ability of aspirin to pre- space. In many cases, these home of- text of the bill and a description of its vent heart attacks in 20,000 medical fices also allow today’s entrepreneurs provisions be printed in the RECORD. doctors, all of whom were men, despite to spend more time with their family There being no objection, the mate- the fact that heart disease is a leading by avoiding the added time and expense rial was ordered to be printed in the cause of death among women. of day-care and commuting. RECORD, as follows: Today, Members of Congress and the With the restoration of the home-of- S. 945 American public understand the impor- fice deduction, however, came a signifi- [Data not available at time of print- tance of ensuring that both genders cant new complexity for home-based ing.] benefit equally from medical research businesses, depreciation recapture. If a HOME-OFFICE DEDUCTION SIMPLIFICATION ACT and health care services. home-based medical transcriber elects OF 2001—DESCRIPTION OF PROVISIONS Throughout my tenure in the House to claim the home-office deduction, she The bill repeals section 121(d)(6) of and Senate, I have worked hard to ex- will deduct the expenses relating to her the Internal Revenue Code. Currently, pose and eliminate this health care home office, such as a portion of her this provision requires individuals who gender gap and improve women’s ac- home-owners insurance, utilities, re- claim depreciation deductions with re- cess to affordable, quality health serv- pairs, and maintenance. She is also en- spect to a home-office to recapture ices. As cochairs of the Congressional titled to depreciate a portion of the such deductions upon the sale of their Caucus for Women’s Issues, CCWI, Rep- cost of her house relating to the home home. As a result, the amount of the resentative Pat Schroeder and I, along office. But there is a big catch. When recaptured depreciation deductions is with Representative Henry Waxman, the home-based business owner sells subject to income taxation without the called for a GAO investigation, in the her home, she must recapture all of the benefit of the income-tax exclusion for beginning of 1990, into the inclusion of depreciation deductions and pay in- the sale of a principal residence or the women and minorities in medical re- come taxes on them, even though her capital-gains tax rates in cases where search at the National Institutes of house qualifies for the exclusion from the exclusion does not apply. Health. tax for the sale of a principal resi- By repealing the depreciation-recap- This study documented the wide- dence. ture requirement, the bill eliminates spread exclusion of women from med- The specter of depreciation recapture the paperwork and compliance burdens ical research, and spurred the Caucus has several significant ramifications. that frequently prevent home-based to introduce the first Women’s Health

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5619 Equity Act, WHEA, in 1990. This com- agencies, and they have been successful or condition would affect women. prehensive legislation provided Con- in making Federal programs and poli- Would men and women react the same gress with its first broad, forward-look- cies more responsive to women’s health way to a particular treatment for heart ing health agenda designed to redress issues. Unfortunately, all of the good disease? We can’t answer this question the historical inequities that face work these offices are doing is not unless both men and women are being women in medical research, prevention guaranteed in Public Health Service included in clinical trials. and services. authorizing law. Providing statutory While the ORWH began its work in Three years later, Congress enacted authorization for federal women’s 1990, I wanted to ensure that it stayed legislation mandating the inclusion of health offices is a critical step in en- at NIH and had the necessary authority women and minorities in clinical trials suring that women’s health research to carry out its mission, part of which at NIH through the National Institutes will continue to receive the attention is to ensure that women are included in of Health Revitalization Act of 1993, it requires in future years. clinical research. That’s why I au- P.L. 103–43. Also included in the NIH Codifying these offices of women’s thored legislation in 1990 and 1991 to Revitalization Act was language estab- health is important for several reasons. formally establish the ORWH in the Of- lishing the NIH Office of Research on First, it re-emphasizes Congress’s com- fice of the Director of NIH. These pro- Women’s Health, language based on my mitment to focusing on women’s visions were later enacted into law in original Office of Women’s Health bill health. Second, it ensures that agen- the NIH Revitalization Act of 1993. that was introduced in the 101st Con- cies will enact congressional intent In 1999, Senator HARKIN, Senator gress. with good faith. Finally, it ensures SNOWE, and I requested that GAO ex- Yet, despite all the progress that we that appropriations will be available in amine how well the NIH and the ORWH have made, there is still a long way to future years to fulfill these commit- were carrying out the mandates under go on women’s health care issues. Last ments. the NIH Revitalization Act of 1993. The May, the GAO released a report, a 10- By statutorily creating Offices of results were mixed. While NIH had year update, on the status of women’s Women’s Health, the Deputy Assistant made substantial progress in ensuring research at NIH, ‘‘NIH Has Increased Secretary for Women’s Health will be the inclusion of women in clinical re- Its Efforts to Include Women in Re- able to better monitor various Public search, it had made less progress in en- search’’. This report found that since Health Service agencies and advise couraging the analysis of study find- the first GAO report and the 1993 legis- them on scientific, legal, ethical and ings by sex. This means that women lation, NIH had made significant policy issues. Agencies would establish are being included in clinical trials, progress toward including women as a Coordinating Committee on Women’s but we are not able to fully reap the subjects in both intramural and exter- Health to identify and prioritize which benefits of inclusion if the analysis of nal clinical trials. women’s health projects should be con- how interventions affect men and However, the report noted that the ducted. This will also provide a mecha- women is not being done or not being Institute had made less progress in im- nism for coordination within and reported. While the NIH and others are plementing the requirement that cer- across these agencies, and with the pri- taking steps to address this, we may be tain clinical trials be designed and car- vate sector. But most importantly, this missing information from research ried out to permit valid analysis by bill will ensure the presence of offices done over the last few years about how sex, which could reveal whether inter- dedicated to addressing the ongoing the outcomes varied or not for men and ventions affect women and men dif- needs and gaps in research, policy, pro- women. ferently. The GAO found that NIH re- grams, education and training in wom- NIH is but one agency in HHS. Other searchers would include women in their en’s health. agencies in HHS do not even have wom- trials—but then they would either not I urge my colleagues to join Senators en’s health offices. How are these other do analysis on the basis of sex, or if no MIKULSKI, HARKIN, and me in sup- agencies addressing women’s health? difference was found, they would not porting this legislation to help ensure Only NIH and the Substance Abuse and publish the sex-based results. that women’s health will never again Mental Health Services Administra- NIH has done a good job of improving be a missing page in America’s medical tion, SAMHSA, have authorizations in participation of women in clinical textbook. law for offices dedicated to women’s trials and has implemented several Ms. MIKULSKI. Mr. President, I rise health. In 1993, I requested language changes to improve the accuracy and to join Senator SNOWE and Senator that accompanied the Fiscal Year 1994 performance for tracking and ana- HARKIN to introduce the Women’s Senate Labor, Health and Human Serv- lyzing data, but our commitment to Health Office Act of 2001. I am pleased ices Appropriations bill and the Agri- women’s health is not about quotas and to introduce this bill with my col- culture Appropriations bill to establish numbers. It is about real scientific ad- leagues because it establishes an im- and provide funding for Offices of Wom- vances that will improve our knowl- portant framework to address women’s en’s Health in the Centers for the Dis- edge about women’s health. At a time health within the Department of ease Control and Prevention, CDC, the when we are on track to double funding Health and Human Services, HHS. Food and Drug Administration, FDA, for NIH, it is troubling that the agency Historically, women’s health needs the Health Resources and Services Ad- has still failed to fully implement both have been ignored or inadequately ad- ministration, HRSA, and the Agency its own guidelines and the Congres- dressed by the medical establishment for Health Care Policy and Research, sional directive for sex-based analysis. and the government. A 1990 General AHCPR, now the Agency for And as a result, women continue to be Accounting Office, GAO, report stated Healthcare Research and Quality, shortchanged by Federal research ef- that: the National Institutes of Health, AHRQ. Today, there are offices of wom- forts. NIH, had made little progress in imple- en’s health in HHS, FDA, CDC, and The crux of the matter is that NIH’s menting its own inclusion policy on HRSA. AHRQ has a women’s health ad- problems exist despite that fact that it women’s participation in clinical visor. These offices and advisors are has an Office of Women’s Health that is trials, NIH inconsistently applied this important advocates within the agency codified in law. If NIH is having prob- policy, and NIH had done little to im- for women’s health research, programs, lems, imagine the difficulties we will plement analysis of research findings and activities. A recent HHS report to have in continuing the focus on wom- by gender. This was unacceptable. Congress describes their roles, respon- en’s health in offices that do not have Women make up half or more of the sibilities, and future plans. The degree this legislative mandate, and that may population and must be adequately in- of support for these offices, in terms of change focus with a new HHS Sec- cluded in clinical research. That’s why staff and financial resources, varies retary or Agency Director. I fought to establish the Office of Re- widely across HHS. This can mean in- Offices of Women’s Health across the search on Women’s Health, ORWH, at adequate and inconsistent attention to Public Health Service are charged with the NIH 11 years ago. We needed to en- women’s health needs within an agen- coordinating women’s health activities sure that women were included in clin- cy. and monitoring progress on women’s ical research, so that we would know I believe we need a consistent and health issues within their respective how treatments for a particular disease comprehensive approach to address the

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5620 CONGRESSIONAL RECORD — SENATE May 24, 2001 needs of women’s health in the HHS. courage my colleagues to cosponsor By Mrs. FEINSTEIN (for herself This bill would do just that. The Wom- and support this important legislation, and Mr. INHOFE): en’s Health Office Act of 2001 would au- and I ask unanimous consent that a S. 947. A bill to amend the Clean Air Act to thorize women’s health offices in HHS, letter of support for this bill be printed permit the Governor of a State to waive the CDC, FDA, AHRQ, and HRSA. oxygen content requirements for reformu- in the RECORD. lated gasoline and for other purposes; to the This legislation establishes an impor- There being no objection, the letter Committee on Environment and Public tant framework and builds on existing was ordered to be printed in the Works. efforts. Under the bill, the HHS Office RECORD, as follows: Mrs. FEINSTEIN. Mr. President, I on Women’s Health would take over all WOMEN’S HEALTH RESEARCH COALITION, am pleased to be joined by Senator functions which previously belonged to Washington, DC, May 14, 2001. JAMES INHOFE of Oklahoma today in in- the current Office of Women’s Health Hon. BARBARA MIKULSKI, troducing a bill to allow the governor of the Public Health Service. The HHS Hart Senate Office Building, U.S. Senate, of a State to waive the oxygenate con- Office would be headed by a Deputy As- Washington, DC. tent requirement for reformulated or sistant Secretary for Women’s Health DEAR SENATOR MIKULSKI: As organizations clean-burning gasoline. The bill retains representing millions of patients, health who would also chair an HHS Coordi- all other provisions of the Clean Air nating Committee on Women’s Health. care professionals, advocates and consumers, we thank you for your leadership in intro- Act to ensure that there is no back- The responsibilities of the HHS Office ducing the ‘‘Women’s Health Office Act of sliding on air quality. would include establishing short and 2001.’’ We enthusiastically support this legis- We introduce this bill to address the long-term goals, advising the Secretary lation and look forward to its passage. widespread contamination of drinking of HHS on women’s health issues, mon- Historically, women’s health has not been water by MTBE in California and at itoring and facilitating coordination a focus of study nor has there been adequate least 41 other States. and stimulating HHS activities on recognition of the ways in which medical On April 12, 1999, California Governor women’s health, establishing a Na- conditions solely or differently affect women Gray Davis asked Carol Browner, who tional Women’s Health Information and girls. In the decade since attention was the Administrator of the U.S. En- began to focus on disparities between the vironmental Protection Agency, for a Center to facilitate exchange of and ac- genders, scientific knowledge has accumu- cess to women’s health information, lated alerting us to the importance of con- waiver of the 2 percent oxygenate re- and coordinating private sector efforts sidering the biological and psychosocial ef- quirement. I have written and called to promote women’s health. fects of sex and gender on health and disease. former Administrator Browner and the Under this legislation, the Offices of We support the work of the offices of wom- current Administrator Christine Todd Women’s Health in CDC, FDA, HRSA, en’s health in ensuring that women and girls Whitman and both former President and AHRQ would be housed in the of- benefit equitably in the advances made in Clinton and President Bush, urging ap- fice of the head of each agency and be medical research and health care services. proval of the waiver. And we are still headed by a Director appointed by the The legislation will provide for the contin- waiting. It has been two years. ued existence, coordination and support of Today, yet again I call on EPA and head of the respective agency. Respon- these offices so that they analyze new areas sibilities of the offices include: an ex- of research, education, prevention, treat- the Administration to act. In the amination of current women’s health ment and service delivery. meantime, I will push Congress to act. activities, the establishment of short- We appreciate your firm commitment to MTBE, Methyl Tertiary Butyl Ether, term and long-term goals for women’s improving the health of women throughout has been the oxygenate of choice by health, the coordination of women’s the nation. many refiners in their effort to comply health activities, and the establish- Sincerely, with the Clean Air Act’s reformulated ment of a coordinating committee on Women’s Health Research Coalition; Soci- gasoline requirements. California Gov- ety for Women’s Health Research; American ernor Davis has ordered a phase-out in women’s health within each agency to Association of University Women; American identify women’s health needs and our State, but the Federal law requir- Medical Women’s Association; American Os- ing two percent oxygenates remains, make recommendations to the head of teopathic Association; American Physical the agency. The FDA office would also Therapy Association; American Psycho- putting our State in an untenable posi- have specific duties regarding women logical Association; American Urological As- tion. and clinical trials. The director of each sociation; Association for Women in Science; This is because the most likely sub- office would serve on HHS’s Coordi- Association of Women Psychiatrists; Asso- stitute for MTBE to meet the two per- cent requirement is ethanol, but there nating Committee on Women’s Health. ciation of Women’s Health, Obstetric and Neonatal Nurses; Center for Ethics in Ac- is not a sufficient supply of ethanol to The bill authorizes appropriations for tion. meet the demand in California and the all the offices through 2006. Center for Reproductive Law and Policy, rest of the country with the two per- I believe that this bill will establish Center for Women Policy Studies, Church a valuable and consistent framework cent law in place. Women United, Coalition of Labor Union With inadequate supplies, we can ex- for addressing women’s health in the Women, General Board of Church and Soci- pect disruptions and price spikes dur- Department of Health and Human ety, the United Methodist Church; Girls In- ing the peak driving months of this Services. It will help to ensure that corporated; Hadassah; Jewish Women’s Coa- summer, at a time when there are pre- women’s health research will continue lition, Inc.; McAuley Institute; National dictions that retail gasoline prices may to have the attention and resources it Abortion Federation; National Association of Commissions for Women; National Center climb to an unprecedented $3.00 per needs in the coming years. This bill is on Women and Aging; National Coalition gallon or more. a priority of the Women’s Health Re- Against Domestic Violence; National Coun- The California Energy Commission search Coalition. The Coalition is com- cil of Jewish Women; National Organization reports that without relief from the prised of academic medical, health and for Women; National Partnership for Women two percent oxygenate mandate, Cali- scientific institutions, as well as other and Families; National Women’s Health Net- fornia consumers will pay 3 to 6 cents organizations interested in and sup- work; National Women’s Health Resource Center; National Women’s Law Center; NOW more per gallon than they need to. portive of women’s health research. This adds up to $450 million a year. The Women’s Research and Education Legal Defense and Education Fund. Organization of Chinese American Women; The Clean Air Act requires that Institute recently released a list of 15 OWL; Religious Coalition for Reproductive cleaner-burning reformulated gasoline, high-impact actions Congress could Choice; Society for Gynecologic Investiga- RFG, be sold in so-called ‘‘non-attain- take to improve the health of midlife tion; Soroptimist International of the Amer- ment’’ areas with the worst violations women, including the establishment of icas; The General Federation of Women’s of ozone standards: Los Angeles, San permanent offices of women’s health at Clubs, The Woman Activist Fund, Inc.; Vot- Diego, Hartford, New York Philadel- HHS and related federal agencies. This ers for Choice Action Fund; Women Em- phia, Chicago, Baltimore, Houston, bill is supported by over 45 other orga- ployed; Women Heart: The National Coali- Milwaukee, Sacramento. In addition, nizations including the YWCA, the So- tion for Women with Heart Disease; Women Work!; Women’s Business Development Cen- some States and areas have opted to ciety for Women’s Health Research, the ter; Women’s Health Fund at University of use reformulated gasoline as way to National Partnership for Women and Minnesota; Women’s Institute for Freedom achieve clean air. Families, Hadassah, and the American of the Press; Women’s Research and Edu- Second, the Act prescribes a formula Physical Therapy Association. I en- cation Institute; YWCA of the U.S.A. for reformulated gasoline, including

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5621 the requirement that reformulated gas- In addition, California can make politics has kept the requirement in law. For oline contain 2.0 percent oxygen, by clean-burning gas without oxygenates. now, the only alternative to MTBE is eth- weight. Therefore, California is in the impos- anol, which is made from corn and other grains. In response to this requirement, re- sible position of having to meet a fed- That threatens California with the kind of finers have put the oxygenate MTBE in eral requirement that is 1. contami- imbalance between supply and demand that over 85 percent of reformulated gaso- nating the water and 2. is not nec- could push up gasoline prices. line now in use. But, there is a prob- essary to achieve clean air. Switching from MTBE to ethanol as the lem: increasingly, MTBE is being de- A major University of California additive of choice in California would in- tected in drinking water. MTBE is a study concluded that MTBE provides crease the nation’s consumption of ethanol known animal carcinogen and a pos- ‘‘no significant air quality benefit’’ but by perhaps 800 million gallons a year. This represents about a 50 percent jump in de- sible human carcinogen, according to that its use poses ‘‘the potential for re- mand. California produces only 9 million gal- U.S. EPA. It has a very unpleasant gional degradation of water resources, lons of ethanol a year. That means that the odor and taste, as well. especially ground water. . . .’’ folks who produce ethanol, who are con- The Feinstein-Inhofe bill would allow Oxygenates, say the experts, are not centrated in Iowa, may be able to extort governors, upon notification to U.S. necessary for reformulated gasoline. California with the same vigor as Texas- EPA, to waive the 2.0 percent oxygen- California has developed a gasoline based electricity marketers. ate requirement, as long as the gaso- formula that provides flexibility and The seeds of this crisis were planted in some revisions of the federal Clean Air Act, line meets the other requirements in provides clean air. Refiners use an ap- which combined the laudable goal of clean- the law for reformulated gasoline. proach called the ‘‘predictive model,’’ ing up the skies with some unwise restric- On July 27th, 1999, the non-partisan, which guarantees clean-burning RFG tions on the legal recipes for fuel. Gov. Gray broad-based U.S. EPA Blue Ribbon gas with oxygenates, with less than Davis has been asking for federal govern- Panel on Oxygenates in Gasoline rec- two percent oxygenates, and with no ment to waive this mandated recipe for the ommended that the two percent oxy- oxygenates. Several refiners, including fuel, letting the state meet its air-quality genate requirement be ‘‘removed in Chevron and Tosco, are selling MTBE- goals in a less expensive way. Yet with its seven precious electoral votes order to provide flexibility to blend free gas in California, for example. at stake, Iowa made ethanol a litmus test for adequate fuel supplies in a cost-effec- Under this bill, clean air standards any and all presidential candidates, and can- tive manner while quickly reducing would still have to be met and gasoline didates Bush, like most others, said he would usage of MTBE and maintaining air would have to meet all other require- stick to the recipe for gas that favors eth- quality benefits.’’ ments of the federal reformulated gaso- anol. In addition, the panel agreed that line program, including the limits on Is this now the policy of President Bush as ‘‘the use of MTBE should be reduced well? Bush must say something, and soon. benzene, heavy metals, and the emis- Ideally, he should use his administrative substantially.’’ Importantly, the panel sion of nitrogen oxides. powers to waive the oxygenate mandate and recommended that ‘‘Congress act This bill will give California and let various fuel recipes compete on their quickly to clarify federal and state au- other States the relief they need from costs and air-quality benefits. But he must thority to regulate and/or eliminate an unwarranted, unnecessary require- say something. His silence is preventing the use of gasoline additives that pose ment. It will give state officials flexi- companies from building ethanol (which a threat to drinking water supplies.’’ bility to determine whether to use could be produced from corn kernels or rise The bill we are introducing today, oxygenates in their gasoline. The bill straw) plants in California, if that is what must be done to replace MTBE. while not totally repealing the two per- does not undo the Clean Air Act. The California can’t afford the uncertainty on cent oxygenate requirement, moves us bill does not degrade air quality. gasoline any more than it can afford uncer- in that direction. It gives States that The two percent oxygenate require- tainty about whether power plants can be choose to meet Clean Air requirements ment creates an unnecessary federal built. For a president who preaches the gos- without oxygenates the option to do ‘‘recipe’’ for gasoline. It causes con- pel of sending clear signals to markets, so. It allows States that choose an oxy- tamination of groundwater. It adds to Bush’s silence on MTBE and ethanol is an genate, such as ethanol, to do so. Areas the price of gasoline unnecessarily, and expensive sin. required to use reformulated gasoline it will probably trigger disruptions in By Mr. LOTT (for himself and Mr. for cleaner air will still be required to gasoline supplies this summer. KERRY): use it. The gasoline will have a dif- I call on this Congress to enact this S. 948. A bill to amend title 23, ferent but clean formulation. Areas legislation promptly. Californians do United States Code, to require the Sec- will continue to have to meet clean air not need to have MTBE -laced drinking retary of Transportation to carry out a standards. water to enjoy the benefits of cleaner grant program for providing financial MTBE has contaminated ground- air. It is that simple. assistance for local rail line relocation water at over 10,000 sites in California, I ask unanimous consent that an edi- projects, and for other purposes; to the according to the Lawrence Livermore torial from the Sacramento Bee de- Committee on Commerce, Science, and Laboratory. Of 10,972 sites groundwater scribing the MTBE problem in Cali- Transportation. sites sampled, 39 percent had MTBE, fornia be printed in the RECORD. Mr. LOTT. Mr. President, the history according to the State Department of There being no objection, the mate- of the geographic expansion of our Health Services. Of 765 surface water rial was ordered to be printed in the great Nation is closely tied to the de- sources sampled, 287, 38 percent, had RECORD, as follows: velopment of our network of railroad MTBE. [From the Sacramento Bee, Apr. 23, 2001] lines. Cities and towns sprang up and Nationally, one EPA-funded study of REMEMBER MTBE?—POLITICAL INATTENTION grew around the railroad tracks that 34 States found that MTBE was present MAY FUEL PRICE SPIKES provided transportation vital to their more than 20 percent of the time in 27 It was a poison brew that sent California survival and economic future. While of the States. A U.S. Geological Survey into an electricity swoon: rising demand, the development of modern auto- report had similar findings. An October stagnant supplies and missed political oppor- mobiles, trucks and airplanes have pro- tunities. Unfortunately, President Bush may 1999 Congressional Research Service vided alternate forms of transpor- analysis concluded that at least 41 be about to stir up virtually the same potion with another source of energy, gasoline. Like tation, railroads still fulfill important states have had MTBE detections in the electricity crunch, this gasoline problem cargo and passenger transportation re- water. can be averted with timely political action. quirements across the Nation. In California, Governor Davis con- Under federal law, gasoline in dirty air ba- However, in many cities and towns cluded that MTBE ‘‘poses a significant sins must contain an additive known as an across our country, the increased need risk to California’s environment’’ and oxygenate. These additives produce cleaner- for motor vehicle transportation, and directed that MTBE be phased out in burning fuel. The primary additive in Cali- the road infrastructure to facilitate it, California by December 31, 2002. There fornia is the infamous MTBE; a byproduct of have led to increasing conflicts be- is not a sufficient supply of ethanol or the refinery process. It can cause drinking tween railroads, motor vehicles, and other oxygenates to fully replace water to smell like turpentine at minute concentrations, so the state plans to phase people for the use of limited, and in- MTBE in California, without huge gas- out MTBE by the end of 2002. creasingly congested, space in down- oline supply disruptions and price Refiners say that can produce clean-burn- town areas. Highway-rail grade cross- spikes. ing gasoline without an oxygenate but farm ings, even properly marked and gated

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5622 CONGRESSIONAL RECORD — SENATE May 24, 2001 ones, increase the risk of fatal acci- the available funding be spent on her daughter died. Because current law dents. Many rail lines cut downtown projects costing less than $50 million; does not allow Mrs. Ge to adjust her areas in half while serving few, if any, and (4) that not more than 25 percent of status without her daughter, Mrs. Ge rail customers in the downtown area. the available funding may be spent on now faces deportation. Heavy rail traffic can cut off one side any single project. The bill would au- This family has certainly felt the of a town to vital emergency services, thorize $250 million in grants during pain of a significant tragedy. With the including fire, police, ambulance, and the first year, and $500 million over death of Yanyu Wang, her family must hospital services. Downtown rail cor- each of the following five years. begin to rebuild their lives and face a ridors can hamper economic develop- I understand that some may ask future without their loved one. Losing ment by restricting access to bisected ‘‘why don’t the railroads pay for these a grandmother to deportation will only areas. relocation costs?’’ As I noted earlier, further the grief and compromise the This situation is not the fault of the the railroad has the right of way and emotional health of her two young railroads. They own and have invested has no legal obligation to move. How- grandchildren, who are still mourning heavily to maintain their existing rail ever, I know the railroads to be con- the loss of their mother. According to lines. These conflicts are due to eco- cerned about maintaining good rela- her son-in-law, John Mark, Mrs. Ge nomic and technological changes that tions with the communities they serve ‘‘represents continuity and a tie to occur faster and more easily than rail- and pass through. They want to cooper- their mother for our children, and her roads can economically adjust. In 1998, ate in solving this problem. That is presence will allow me to continue to the Congress enacted a landmark sur- why the Association of American Rail- successfully support my family. face transportation bill, called TEA–21. roads and the Short Line and Regional Mrs. Ge has done everything she While TEA–21 provides some flexibility Railroad Association support this bill. could to become a permanent resident in the use of the Highway Trust Fund The bill is also supported by the Rail- of this country. But for the tragedy of to enable States to address some of way Progress Institute and the Na- her daughter’s untimely death, she these concerns, it is primarily focused tional Railroad Construction and Main- likely would have attained that status. on solving transportation problems by tenance Association. This proposal has I hope my colleagues will support building or modifying roads, including been enthusiastically received by sev- this private legislation so that we can road overpasses and underpasses, as it eral State and local government asso- help Mrs. Ge, her grandchildren, and should be. However, in many situa- ciations, and I hope to have their en- son-in-law begin to rebuild their lives tions, this highway-rail conflict can dorsements of the bill soon. I ask my in the wake of their family tragedy and not, or should not, be fixed by cutting Senate colleagues to review the needs allow Mrs. Ge to keep the promise she off or modifying a roadway. The answer of their own States and support this made to her daughter. is often to relocate the rail line. I know bill and I ask unanimous consent that I ask for unanimous consent that the of at least five such situations in my the text of the bill be printed in the text of the bill be printed in the home State of Mississippi, so there RECORD. RECORD. I also ask unanimous consent must be many more in other States. There being no objection, the bill was that the letter from Mr. Marks be To address this need, I, along with ordered to be printed in the RECORD, as printed in the RECORD. Senator KERRY, today introduce the follows: There being no objection, the mate- Community Rail Line Relocation As- S. 948 rial was ordered to be printed in the sistance Act of 2001. The bill would au- [Data not available at time of print- RECORD, as follows: thorize the Secretary of Transpor- ing.] tation to provide grants to States or S. 949 communities to pay for the costs of re- By Mrs. FEINSTEIN: [Data not available at time of print- locating a rail line where this solution S. 949. A bill for the relief of Zhenfu ing.] makes the most sense. In those cases Ge; to the Committee on the Judiciary. SAUSALITO, CA, where the best solution is to build a Mrs. FEINSTEIN. Mr. President, I April 19, 2001. railroad tunnel, underpass, or overpass, am pleased to offer today, legislation Hon. DIANNE FEINSTEIN, or even reroute the rail line around the to provide lawful permanent residence U.S. Senate, Washington, DC. DEAR SENATOR FEINSTEIN: I write to appeal downtown area, this bill will enable status to Zhenfu Ge. Mrs. Ge is the for your help in an exceptional immigration these cities and towns to afford to un- grandmother of two U.S. citizen chil- case regarding my mother-in-law, Zhenfu Ge dertake such a significant infrastruc- dren who face the devastation of being (United States Immigration & Naturaliza- ture project. separated from their grandmother after tion Service reference #A78192014.) Our bill would authorize grants to losing their mother just last month. Mrs. Ge came to the United States from fund rail line relocation projects that: Mrs. Ge came to the United States in her native Shanghai, China in 1998 after our (1) mitigate the adverse effects of rail 1998 to help care for her two grand- daughter was born. The purpose of her immi- traffic on safety, motor vehicle traffic children while her U.S. citizen daugh- gration was to care for our infant and for our flow, or economic development; (2) in- ter Yanyu Wang and her son-in-law nine-year-old son to enable my wife and me to work. I have lived in California most of volve a lateral or vertical relocation of John Marks worked. Shortly after- my life and I work for Kaiser Permanente in the rail line in lieu of the closing of a wards, Mrs. Ge’s daughter filed an im- San Rafael; my wife, Yanyu Wang, was a re- grade crossing or the relocation of a migration petition on her behalf. She search scientist for Onyx Pharmaceuticals in road; and (3) provide at least as much was scheduled for an April 26 Immigra- Richmond, and a naturalized citizen of the benefit over the economic life of the tion and Naturalization Service, INS, United States. project as the cost of the project. The interview, which is the last step in the We had applied for naturalization for Mrs. DOT would fund 90 percent of the cost green card process. The family antici- Ge to allow her to remain in the United of these rail line relocation projects pated that the interview would result States to care for her grandchildren indefi- nitely. We had every expectation that the out of the general fund of the Treasury. in Mrs. Ge’s gaining a green card. INS hearing set for April 26 (see correspond- The State or local government would In a tragic turn of events, Mrs. Ge’s ence enclosed) would result in the successful be required to pay the remaining 10 daughter was diagnosed with a rare and completion of her application. percent, but would be allowed to cover deadly form of lymphoma and given My wife had learned that she was suffering this cost through appropriate in-kind only 7 months to live. As Mrs. Wang’s from lymphoma in 1999. Unfortunately, de- contributions or dedicated private con- health quickly declined, she asked her spite every possible medical intervention, tributions. mother to care for her 3-year-old she died on April 15, eleven days before her In awarding these grants, the Sec- daughter and 12-year-old son after her mother’s hearing for naturalization. We are retary of Transportation would have to death. Mrs. Ge promised her daughter advised by our attorney that absent her consider: (1) the ability of the State or daughter, Mrs. Ge’s case will be dismissed she would care for her grandchildren out-of-hand, and she will be forced to return community to fund the project without and quickly became the most active to China. Federal assistance; (2) the equitable maternal figure in their lives. I hope you will agree that Mrs. Ge’s pres- treatment of various regions of the On April 15 of this year, 11 days be- ence in our family is even more important country; (3) that at least 50 percent of fore Mrs. Ge’s scheduled INS interview, following the death of my wife. She is the

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5623 only maternal figure for our children, she It has always been my intent to craft a drinking and surface water contamina- represents continuity and a tie to their solution that was direct and balanced. tion, largely because of leaking under- mother for our children, and her presence There are many competing interests ground storage tanks, spills and will allow me to continue to successfully and a number of solutions have been of- watercraft releases. support my family notwithstanding the re- duction of our income to a single salary. fered. Most of the competing interests Our bill seeks to deal with the MTBE Before she died, my wife implored her are based on regional differences and problem and prevent such unintended mother to do everything possible to remain preferences. consequences from occurring again, in the United States to ensure that our chil- Some prefer a simple ban of MTBE, while still protecting air and water dren would be raised with her care and love. this approach would make gas dramati- quality. This measure embodies several I ask for your help in enabling this to hap- cally more expansive and more dirty. of the major recommendations of the pen. Some would like a stand alone man- EPA’s Blue Ribbon Panel on Thank you for your consideration in this matter. date of Ethanol, that too has many Oxygenates in Gasoline. Sincerely yours, problems associated with it. Ethanol We are proposing to significantly en- JOHN MARK. would bring with it both cost and smog hance state authority and resources to concerns, particularly in states like deal with remediation of MTBE re- By Mr. SMITH of New Hampshire New Hampshire. Simply eliminating leases from leaking underground stor- (for himself and Mr. REID): the RFG mandate does not work ei- age tanks, and to improve compliance S. 950. A bill to amend the Clean Air ther. Under this scenario, MTBE would and prevent additional releases at Act to address problems concerning continue to be used and wells would these sources. Four years after enact- methyl tertiary butyl ether, and for continue to be contaminated. ment, MTBE would be banned from the other purposes; to the Committee on I am also very pleased that this bill fuel supply. The bill would amend the Environment and Public Works. is consistent with the President’s Na- Clean Air Act to ensure that additives Mr. SMITH of New Hampshire. Mr. tional Energy Policy because it will re- added to the fuel supply in the future President, by now everyone knows of duce the intra-regional patchwork of undergo regular testing and review of the damage that the gasoline additive, what are known as ‘‘boutique’’ fuels. public health and water quality im- MTBE, has done to our nation’s drink- This bill will allow for the use of one pacts. ing water supply, including in the state fuel blend to meet RFG requirement in Our legislation allows Governors to of New Hampshire. MTBE has been a many regions that currently require waive out of the oxygenate require- component of our fuel supply for two multiple boutique fuels. This will ease ment imposed by the Act’s reformu- decades. In 1990, the Clean Air Act was the burden on refineries and fuel sup- lated gasoline, RFG provisions and, for amended to include a clean gasoline ply, which in turn will reduce the risk the RFG areas in those states, refiners program. That program mandated the of increased gas prices for the con- and fuel providers would have to ensure use of an oxygenate in our fuel, MTBE sumer. The fuel suppliers recognize that there would be continued over- was one of two options to be used. The this benefit and I am very pleased that compliance with toxics reductions per- problem with MTBE is its ability to this bill has the support of the Amer- formance standards based on regional migrate through the ground very ican Petroleum Institute. While they averages. In recognition of the indus- quickly and into the water table. Sev- have raised some minor technical con- try investments made to comply with eral states have had gasoline leaks or cerns that I am committed to address- the oxygenate requirement, the bill au- spills lead to the closure of wells be- ing prior to passage, I am pleased to thorizes grants to American companies cause of MTBE. MTBE is not a proven have their support. making MTBE for domestic consump- carcinogen, but its smell and taste does I believe that this bill provides for a tion in RFG areas if they opt to con- render water unusable. Many homes in workable solution to both our MTBE vert to production of replacement addi- New Hampshire and across the nation problem as well as addressing the ‘‘bou- tives that do not degrade water qual- have lost use of their water supply be- tique’’ fuels problems in this country. ity, as well as continuing to improve cause of MTBE contamination. We will clean up our nation’s drinking public health and air quality. Finally, Today I am introducing a bill with water and preserve the environmental the bill allows the EPA to improve on my friend Senator REID, who is the benefits of RFG without undue added its mobile source toxics rule and afford Ranking Member on the committee cost to the consumers. I am convinced better protection to more sensitive and that I chair, the Environment & Public this is the right approach. exposed populations from these harm- Works Committee. This bill addresses I ask unanimous consent that the ful substances. the problems associated with MTBE, text of the bill be printed in the This is a sensible bill that prevents but will not reduce any environmental RECORD. backsliding on air quality and is de- benefits of the Clean Air program. There being no objection, the bill was signed to improve water resource pro- Briefly, this bill will: Authorize $400 ordered to be printed in the RECORD, as tection. I am hopeful that the Com- million out of the Leaking Under- follows: mittee and Congress will be able to act ground Storage Tank Fund (LUST S. 950 swiftly to resolve the MTBE problems Fund) to help the states clean up [Data not available at time of print- facing so many communities across the MTBE contamination, address the in- ing.] nation and in Nevada. tegrity of Underground Storage Tanks Mr. REID. Mr. President, I am and the program; Ban MTBE four years pleased to join with the Senator from By Ms. SNOWE (for herself, Mr. after enactment of this bill; Allow Gov- New Hampshire, the Chairman of the KERRY, Mr. MCCAIN, Mr. HOL- ernors to waive the gasoline oxygenate Environment and Public Works Com- LINGS, Mr. BREAUX, Mr. LOTT, requirement of the Clean Air Act; Pre- mittee, in introducing legislation to Mr. MURKOWSKI, and Mr. serve environmental benefits on air address the water resource problems DEWINE): toxics, and; Provide funds to help tran- that have been caused in Lake Tahoe S. 951. A bill to authorize appropria- sition from MTBE to other clean, safe and around the country by MTBE con- tions for the Coast Guard, and for other fuels. tamination. purposes; to the Committee on Com- The funding for cleanup and transi- As my colleagues may know, the oxy- merce, Science, and Transportation. tion is provided out of a sense of fair- genate requirement that Congress in- Ms. SNOWE. Mr. President, today I ness. Since a Federal mandate caused cluded in the 1990 Clean Air Act am pleased to introduce the Coast the pollution, it would be irresponsible Amendments for certain nonattain- Guard Authorization Act of 2001. for the Federal Government not to bear ment areas was met by most fuel pro- The Coast Guard provides many crit- some of the financial burden associated viders and refiners with significantly ical services for our nation. Dedicated with the clean up and the transition to increased production of MTBE. While Coast Guard personnel save an average a less destructive alternative fuel. this additive has proven beneficial in of more than 5,000 lives, $2.5 billion in This is a very complex issue that the meeting air quality goals and reducing property, and assist more than 100,000 Environment and Public Works Com- toxic air pollution, its enhanced pro- mariners in distress. Through boater mittee has struggled with for months. duction and usage has led to major safety programs and maintenance of an

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5624 CONGRESSIONAL RECORD — SENATE May 24, 2001 extensive network of aids to naviga- Maine fleet tragically lost ten fisher- premature to decommission these ves- tion, the Coast Guard protects thou- men. This bill authorizes the Coast sels before the Coast Guard has identi- sands of other people engaged in coast- Guard to work with and support local fied a means to assure their domestic wise trade, commercial fishing activi- organizations that promote or provide icebreaking mission requirements are ties, and recreational boating. fishing vessel safety training. Under fulfilled. The Coast Guard has identi- The Coast Guard enforces Federal this proposal, active duty Coast Guard fied seven waterways within Maine laws and treaties related to the high personnel, Coast Guard Reserve, and that would suffer a meaningful deg- seas and U.S. waters. This includes ma- members of the Coast Guard Auxiliary radation of service if these tugs were rine resource protection and pollution could serve as instructors for training decommissioned. These waterways pro- control. As one of the five armed and safety courses; assist in the devel- vide transport routes for oil tankers, forces, the Coast Guard provides a crit- opment of curricula; and participate in commercial fishing vessels, and cargo ical component of the nation’s defense relevant advisory panels. This new ini- ships. The costs would be excessive to strategy. The Coast Guard has joined tiative allows discretionary participa- the local communities should that with the Navy under the National tion by the agency on a not-to-inter- means of transport be cut off. As we Fleet Policy Statement to integrate fere basic with other Congressionally have seen during recent winters, ready their complementary offshore assets mandated missions. access to home heating fuel in Maine and enhance our national defense. A major part of the Coast Guard’s and elsewhere in the Northeast is a ne- The Coast Guard Authorization Act law enforcement mission remains cessity. As such, the bill I am intro- of 1998 was enacted on November 13, interdicting illegal narcotics at sea. In ducing today includes a measure that 1992 and authorized the Coast Guard 2000, the Coast Guard seized 56 vessels would prevent the Cost Guard from re- through Fiscal Year 1999. Last year, I and arrested 201 suspects transporting moving these tugs from service unless spend a considerable amount of time illegal narcotics headed for our shores. adequate replacement assets are in trying to enact meaningful legislation The U.S. Coast Guard set a cocaine sei- place. to reauthorize the Coast Guard. To zure record for the second consecutive Finally, we must recognize that the that end, the Commerce Committee year by stopping 132,920 pounds of co- United States Coast Guard is a force and the Senate unanimously passed the caine from reaching American streets, conducting 21st century operations Coast Guard Authorization Act of 2000 playgrounds, and schools. The Coast with 20th century technology. Of the 39 in July of 2000. Unfortunately, final en- Guard also seized 50,463 pounds of mari- worldwide naval fleets, the United actment of the bill was derailed by one juana products, including hashish and States Coast Guard has the 37th oldest provision that had nothing to do with hashish oil. At $4.4 billion, the street fleet of ships and aircraft. This year the Coast Guard itself and was outside value of the drugs seized last year the Coast Guard will embark on a the jurisdiction of the Subcommittee nearly matched the entire Coast Guard major recapitalization for the ships on Oceans and Fisheries. As a result, budget. and aircraft designed to operate more the dedicated and hard-working men In 2000, the Cost Guard also intro- than 50 miles offshore. The Integrated and women in uniform were penalized. duced the highly successful Operation Deepwater System acquisition program The Coast Guard deserves more. By New Frontier force package, including is critical to the future viability of the introducing the Coast Guard bill today, specially armed helicopters, over-the- Coast Guard. I wholeheartedly support I intend to give them my full support, horizon pursuit boats, and the use of this initiative and the ‘‘system-of-sys- and I hope my colleagues will work non-lethal tools to stop go-fast type tems’’ procurement strategy the Coast with me to provide the Coast Guard smuggling boats. Operation New Fron- Guard has proposed. This bill author- with the support that they have so tier forces documented an unprece- ized funding for the first year of this clearly earned. dented 100 percent success rate by seiz- critical long-term recapitalization pro- For the second year in a row, the ing all six of the go-fast trafficking gram. Coast Guard has announced that it will boats detected. This is a good bill that enjoys bipar- reduce routine non-emergency oper- This bill provides funding to main- tisan support on the Commerce Com- ations by at least 10 percent. The Ad- tain many of the new drug interdiction mittee. I am pleased that so many of ministration’s Budget request for fiscal initiatives of the past few years. The my colleagues have joined me in spon- year 2002 would leave the Coast Guard Coast Guard has proven time and again soring this bill. I know that my co- $250 million short in critical operating its ability to efficiently stem the tide sponsors, Senators KERRY, MCCAIN, funds. This shortfall will necessitate of drugs entering our nation through HOLLINGS, BREAUX, LOTT, MURKOWSKI, operations cutbacks to include decom- water routes. and DEWINE, also look forward to mov- missioning ships and aircraft. The The Coast Guard is the lead Federal ing the bill to the Senate floor at the budget authorized in this bill would re- agency for preventing and responding earliest opportunity. store those funding shortfalls and pre- to major pollution incidents in the I ask unanimous consent that the vent the need for operational cutbacks. coastal zone. It responds to more than text of the bill be printed in the The bill my colleagues and I intro- 17,000 pollution incidents in the aver- RECORD. duce today authorizes funding and per- age year. The recent oil spill in the There being no objection, the bill was sonnel levels for the Coast Guard in fis- fragile Galapagos Islands is an example ordered to be printed in the RECORD, as cal years 2000 through 2002. The bill au- where our investment in the Coast follows: thorizes funding for FY 2002 at $5.2 bil- Guard reaped international rewards. S. 951 lion. This represents a 9.3 percent in- Within 24 hours of the spill, a team of Be it enacted by the Senate and House of Rep- crease over the levels contained in last Coast Guard oil spill professionals were resentatives of the United States of America in Congress assembled, year’s Senate-passed bill authorization on transport aircraft en route to the SECTION 1. SHORT TITLE. and a 14 percent increase over the spill scene with cleanup equipment. This Act may be cited as the ‘‘Coast Guard funds appropriated for fiscal year 2001. Their presence limited the ecological Authorization Act of 2001’’. The bill also contains several provi- damage of this potentially horrific en- SEC. 2. TABLE OF CONTENTS. sions to provide greater flexibility on vironmental tragedy. The table of contents for this Act is as fol- personnel management matters and One provision that deserves par- lows: critical readiness concerns within the ticular mention relates to icebreaking Sec. 1. Short title. Coast Guard. services. The FY 2000 budget request Sec. 2. Table of contents. The Coast Guard bill contains a new included a proposal to decommission 11 TITLE I—AUTHORIZATION initiative on fishing vessel safety WYTL-class harbor tugs. These tugs Sec. 101. Authorization of appropriations. training. Commercial fishing is one of provide vital icebreaking services Sec. 102. Authorized levels of military strength and training. the most dangerous professions in the throughout the Great Lakes and north- Sec. 103. LORAN–C. United States. Over the last three eastern states, including my home Sec. 104. Patrol craft. years, over two hundred fishermen state of Maine. While I understand that Sec. 105. Caribbean support tender. have died at sea and even more fishing the age of this vessel class may require TITLE II—PERSONNEL MANAGEMENT vessels have been lost. Last year, the some action by the agency, it would be Sec. 201. Coast Guard band director rank.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0655 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5625 Sec. 202. Coast Guard membership on the (3) For research, development, test, and (1) For the operation and maintenance of USO Board of Governors. evaluation of technologies, materials, and the Coast Guard, $3,633,000,000, of which Sec. 203. Compensatory absence for isolated human factors directly relating to improving $25,000,000 shall be derived from the Oil Spill duty. the performance of the Coast Guard’s mis- Liability Trust Fund. Sec. 204. Suspension of retired pay of Coast sion in support of search and rescue, aids to (2) For the acquisition, construction, re- Guard members who are absent navigation, marine safety, marine environ- building, and improvement of aids to naviga- from the United States to avoid mental protection, enforcement of laws and tion, shore and offshore facilities, vessels, prosecution. treaties, ice operations, oceanographic re- and aircraft, including equipment related Sec. 205. Extension of Coast Guard housing search, and defense readiness, $19,000,000, to thereto, $660,000,000, to remain available authorities. remain available until expended, of which until expended, of which $20,000,000 shall be Sec. 206. Accelerated promotion of certain $3,500,000 shall be derived from the Oil Spill derived from the Oil Spill Liability Trust Coast Guard officers. Liability Trust Fund. Fund to carry out the purposes of section Sec. 207. Regular lieutenant commanders (4) For retired pay (including the payment 1012(a)(5) of the Oil Pollution Act of 1990. and commanders; continuation of obligations otherwise chargeable to lapsed (3) For research, development, test, and on failure of selection for pro- appropriations for this purpose), payments evaluation of technologies, materials, and motion. under the Retired Serviceman’s Family Pro- human factors directly relating to improving Sec. 208. Reserve officer promotion tection and Survivor Benefit Plans, and pay- the performance of the Coast Guard’s mis- Sec. 209. Reserve Student Pre-Commis- ments for medical care of retired personnel sion in support of search and rescue, aids to sioning Assistance Program. and their dependents under chapter 55 of navigation, marine safety, marine environ- TITLE III—MARINE SAFETY title 10, United States Code, $730,327,000, to mental protection, enforcement of laws and Sec. 301. Extension of Territorial Sea for remain available until expended. treaties, ice operations, oceanographic re- Vessel Bridge-to-Bridge Radio- (5) For environmental compliance and res- search, and defense readiness, $22,000,000, to telephone Act. toration at Coast Guard facilities (other remain available until expended, of which Sec. 302. Icebreaking services. than parts and equipment associated with $3,500,000 shall be derived from the Oil Spill Sec. 303. Modification of various reporting operations and maintenance), $17,000,000, to Liability Trust Fund. requirements. remain available until expended. (4) For retired pay (including the payment Sec. 304. Oil Spill Liability Trust Fund; (6) For alteration or removal of bridges of obligations otherwise chargeable to lapsed emergency fund borrowing au- over navigable waters of the United States appropriations for this purpose), payments thority. constituting obstructions to navigation, and under the Retired Serviceman’s Family Pro- Sec. 305. Merchant mariner documentation for personnel and administrative costs asso- tection and Survivor Benefit Plans, and pay- requirements. ciated with the Bridge Alteration Program, ments for medical care of retired personnel Sec. 306. Penalties for negligent operations $15,000,000, to remain available until ex- and their dependents under chapter 55 of and interfering with safe oper- pended. title 10, United States Code, $876,350,000, to ation. (b) AUTHORIZATION FOR FISCAL YEAR 2001.— remain available until expended. Sec. 307. Fishing vessel safety training. There are authorized to be appropriated for (5) For environmental compliance and res- Sec. 308. Extend time for recreational vessel necessary expenses of the Coast Guard for toration at Coast Guard facilities (other and associated equipment re- fiscal year 2001 the following amounts: than parts and equipment associated with calls. (1) For the operation and maintenance of operations and maintenance), $17,000,000, to remain available until expended. TITLE IV—RENEWAL OF ADVISORY the Coast Guard, $3,483,000,000, of which (6) For alteration or removal of bridges GROUPS $25,000,000 shall be derived from the Oil Spill Liability Trust Fund. over navigable waters of the United States Sec. 401. Commercial Fishing Industry Ves- (2) For the acquisition, construction, re- constituting obstructions to navigation, and sel Advisory Committee. building, and improvement of aids to naviga- for personnel and administrative costs asso- Sec. 402. Houston-Galveston Navigation tion, shore and offshore facilities, vessels, ciated with the Bridge Alteration Program, Safety Advisory Committee. and aircraft, including equipment related $15,500,000, to remain available until ex- Sec. 403. Lower Mississippi River Waterway thereto, $428,000,000, to remain available pended. Advisory Committee. until expended, of which $20,000,000 shall be SEC. 102. AUTHORIZED LEVELS OF MILITARY Sec. 404. Navigation Safety Advisory Coun- derived from the Oil Spill Liability Trust STRENGTH AND TRAINING. cil. Fund to carry out the purposes of section (a) END-OF-YEAR STRENGTH FOR FISCAL Sec. 405. National Boating Safety Advisory 1012(a)(5) of the Oil Pollution Act of 1990. YEAR 2000.—The Coast Guard is authorized Council. (3) For research, development, test, and an end-of-year strength for active duty per- Sec. 406. Towing Safety Advisory Com- evaluation of technologies, materials, and sonnel of 40,000 as of September 30, 2000. mittee. human factors directly relating to improving (b) TRAINING STUDENT LOADS FOR FISCAL TITLE V—MISCELLANEOUS the performance of the Coast Guard’s mis- YEAR 2000.—For fiscal year 2000, the Coast Sec. 501. Modernization of national distress sion in support of search and rescue, aids to Guard is authorized average military train- ing student loads as follows: and response system. navigation, marine safety, marine environ- Sec. 502. Conveyance of Coast Guard prop- mental protection, enforcement of laws and (1) For recruit and special training, 1,500 erty in Portland, Maine. treaties, ice operations, oceanographic re- student years. Sec. 503. Harbor safety committees. search, and defense readiness, $21,320,000, to (2) For flight training, 100 student years. Sec. 504. Limitation of liability of pilots at remain available until expended, of which (3) For professional training in military Coast Guard Vessel Traffic $3,500,000 shall be derived from the Oil Spill and civilian institutions, 300 student years. Services. Liability Trust Fund. (4) For officer acquisition, 1,000 student (4) For retired pay (including the payment years. TITLE VI—JONES ACT WAIVERS (c) END-OF-YEAR STRENGTH FOR FISCAL of obligations otherwise chargeable to lapsed Sec. 601. Repeal of special authority to re- YEAR 2001.—The Coast Guard is authorized appropriations for this purpose), payments voke endorsements. an end-of-year strength for active duty per- under the Retired Serviceman’s Family Pro- sonnel of 44,000 as of September 30, 2001. TITLE I—AUTHORIZATION tection and Survivor Benefit Plans, and pay- (d) TRAINING STUDENT LOADS FOR FISCAL ments for medical care of retired personnel SEC. 101. AUTHORIZATION OF APPROPRIATIONS. YEAR 2001.—For fiscal year 2001, the Coast (a) AUTHORIZATION FOR FISCAL YEAR 2000.— and their dependents under chapter 55 of Guard is authorized average military train- There are authorized to be appropriated for title 10, United States Code, $868,000,000, to ing student loads as follows: necessary expenses of the Coast Guard for remain available until expended. (1) For recruit and special training, 1,500 fiscal year 2000 the following amounts: (5) For environmental compliance and res- student years. (1) For the operation and maintenance of toration at Coast Guard facilities (other (2) For flight training, 125 student years. the Coast Guard, $2,853,000,000, of which than parts and equipment associated with (3) For professional training in military $300,000,000 shall be available for defense-re- operations and maintenance), $16,700,000, to and civilian institutions, 300 student years. lated activities and of which $25,000,000 shall remain available until expended. (4) For officer acquisition, 1,000 student be derived from the Oil Spill Liability Trust (6) For alteration or removal of bridges years. Fund. over navigable waters of the United States (e) END-OF-YEAR STRENGTH FOR FISCAL (2) For the acquisition, construction, re- constituting obstructions to navigation, and YEAR 2002.—The Coast Guard is authorized an building, and improvement of aids to naviga- for personnel and administrative costs asso- end-of-year strength of active duty personnel tion, shore and offshore facilities, vessels, ciated with the Bridge Alteration Program, of 45,500 as of September 30, 2002. and aircraft, including equipment related $15,500,000, to remain available until ex- (f) TRAINING STUDENT LOADS FOR FISCAL thereto, $999,100,000, to remain available pended. YEAR 2002.—For fiscal year 2002, the Coast until expended, of which $20,000,000 shall be (c) AUTHORIZATION FOR FISCAL YEAR 2002.— Guard is authorized average military train- derived from the Oil Spill Liability Trust Funds are authorized to be appropriated for ing student loads as follows: Fund to carry out the purposes of section necessary expenses of the Coast Guard for (1) For recruit and special training, 1,500 1012(a)(5) of the Oil Pollution Act of 1990. fiscal year 2002, as follows: student years.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5626 CONGRESSIONAL RECORD — SENATE May 24, 2001 (2) For flight training, 125 student years. the Coast Guard serving at isolated duty sta- SEC. 207. REGULAR LIEUTENANT COMMANDERS (3) For professional training in military tions of the Coast Guard when conditions of AND COMMANDERS; CONTINUATION and civilian institutions, 300 student years. duty result in confinement because of isola- ON FAILURE OF SELECTION FOR (4) For officer acquisition, 1,050 student tion or in long periods of continuous duty.’’. PROMOTION. Section 285 of title 14, United States Code, years. (b) CLERICAL AMENDMENT.—The chapter is amended— SEC. 103. LORAN–C. analysis for chapter 13 of title 14, United (1) by striking ‘‘Each officer’’ and inserting (a) IN GENERAL.—There are authorized to States Code, is amended by striking the item ‘‘(a) Each officer’’; and be appropriated to the Department of Trans- relating to section 511 and inserting the fol- (2) by adding at the end the following new portation, in addition to funds authorized for lowing: subsections: the Coast Guard for operation of the ‘‘511. Compensatory absence from duty for ‘‘(b) A lieutenant commander or com- LORAN–C system, for capital expenses re- mander of the Regular Coast Guard subject lated to LORAN–C navigation infrastructure, military personnel at isolated duty stations.’’. to discharge or retirement under subsection $25,000,000 for fiscal year 2001. The Secretary (a) may be continued on active duty when of Transportation may transfer from the SEC. 204. SUSPENSION OF RETIRED PAY OF the Secretary directs a selection board con- COAST GUARD MEMBERS WHO ARE Federal Aviation Administration and other vened under section 251 of this title to con- agencies of the department funds appro- ABSENT FROM THE UNITED STATES TO AVOID PROSECUTION. tinue up to a specified number of lieutenant priated as authorized under this section in commanders or commanders on active duty. Section 633 of the National Defense Au- order to reimburse the Coast Guard for re- When so directed, the selection board shall thorization Act for Fiscal Year 1997 (Public lated expenses. recommend those officers who in the opinion (b) FISCAL YEAR 2002.—There are author- Law 104–201) is amended by redesignating of the board are best qualified to advance the ized to be appropriated to the Department of subsections (b), (c), and (d) in order as sub- needs and efficiency of the Coast Guard. Transportation, in addition to funds author- sections (c), (d), and (e), and by inserting When the recommendations of the board are ized for the Coast Guard for operation of the after subsection (a) the following: approved by the Secretary, the officers rec- LORAN-C system, for capital expenses re- ‘‘(b) APPLICATION TO COAST GUARD.—Proce- ommended for continuation shall be notified lated to LORAN-C navigation infrastructure, dures promulgated by the Secretary of De- that they have been recommended for con- $44,000,000 for fiscal year 2002. The Secretary fense under subsection (a) shall apply to the tinuation and offered an additional term of of Transportation may transfer from the Coast Guard. The Commandant of the Coast service that fulfills the needs of the Coast Federal Aviation Administration and other Guard shall be considered a Secretary of a Guard. agencies of the department funds appro- military department for purposes of sus- ‘‘(c)(1) An officer who holds the grade of priated as authorized under this section in pending pay under this section.’’. lieutenant commander of the Regular Coast order to reimburse the Coast Guard for re- SEC. 205. EXTENSION OF COAST GUARD HOUSING Guard may not be continued on active duty lated expenses. AUTHORITIES. under subsection (b) for a period which ex- SEC. 104. PATROL CRAFT. Section 689 of title 14, United States Code, tends beyond 24 years of active commis- (a) TRANSFER OF CRAFT FROM DOD.—Not- is amended by striking ‘‘2001.’’ and inserting sioned service unless promoted to the grade withstanding any other provision of law, the ‘‘2006.’’. of commander of the Regular Coast Guard. Secretary of Transportation may accept, by An officer who holds the grade of commander direct transfer without cost, for use by the SEC. 206. ACCELERATED PROMOTION OF CER- of the Regular Coast Guard may not be con- Coast Guard primarily for expanded drug TAIN COAST GUARD OFFICERS. tinued on active duty under subsection (b) interdiction activities required to meet na- Title 14, United States Code, is amended— for a period which extends beyond 26 years of tional supply reduction performance goals, (1) in section 259, by adding at the end a active commissioned service unless pro- up to 7 PC–170 patrol craft from the Depart- new subsection (c) to read as follows: moted to the grade of captain of the Regular ment of Defense if it offers to transfer such ‘‘(c)(1) After selecting the officers to be Coast Guard. craft. recommended for promotion, a selection ‘‘(2) Unless retired or discharged under an- (b) AUTHORIZATION OF APPROPRIATIONS.— board may recommend officers of particular other provision of law, each officer who is There are authorized to be appropriated to merit, from among those officers chosen for continued on active duty under subsection the Coast Guard, in addition to amounts oth- promotion, to be placed at the top of the list (b), is not subsequently promoted or contin- erwise authorized by this Act, up to of selectees promulgated by the Secretary ued on active duty, and is not on a list of of- $100,000,000, to remain available until ex- under section 271(a) of this title. The number ficers recommended for continuation or for pended, for the conversion of, operation and of officers that a board may recommend to promotion to the next higher grade, shall, if maintenance of, personnel to operate and be placed at the top of the list of selectees eligible for retirement under any provision support, and shoreside infrastructure re- may not exceed the percentages set forth in of law, be retired under that law on the first quirements for, up to 7 patrol craft. subsection (b) unless such a percentage is a day of the first month following the month SEC. 105. CARIBBEAN SUPPORT TENDER. number less than one, in which case the in which the period of continued service is The Coast Guard is authorized to operate board may recommend one officer for such completed.’’ and maintain a Caribbean Support Tender placement. No officer may be recommended SEC. 208. RESERVE OFFICER PROMOTIONS. (or similar type vessel) to provide technical to be placed at the top of the list of selectees (a) Section 729(i) of Title 14, United States assistance, including law enforcement train- unless he or she receives the recommenda- Code is amended by inserting ‘‘on the date a ing, for foreign coast guards, navies, and tion of at least a majority of the members of vacancy occurs, or as soon thereafter as other maritime services. a board composed of five members, or at practicable, in the grade to which the officer TITLE II—PERSONNEL MANAGEMENT least two-thirds of the members of a board was selected for promotion, or if promotion was determined in accordance with a run- SEC. 201. COAST GUARD BAND DIRECTOR RANK. composed of more than five members. ning mate system,’’ after ‘‘grade’’. Section 336(d) of title 14, United States ‘‘(2) A selection board may not make any (b) Section 731 of title 14, United States Code, is amended by striking ‘‘commander’’ recommendation under this subsection be- Coast Code, is amended by striking the pe- and inserting ‘‘captain’’. fore the date the Secretary publishes a find- riod at the end of the sentence in section 731, SEC. 202. COAST GUARD MEMBERSHIP ON THE ing that implementation of this subsection and inserting ‘‘, or in the event that pro- USO BOARD OF GOVERNORS. will improve Coast Guard officer retention motion is not determined in accordance with Section 220104(a)(2) of title 36, United and management. a running mate system, then a Reserve offi- States Code, is amended— ‘‘(3) The Secretary shall submit any find- cer becomes eligible for consideration for (1) by striking ‘‘and’’ at the end of subpara- ing made by the Secretary pursuant to para- promotion to the next higher grade at the graph (B); graph (2) to the Committee on Transpor- beginning of the promotion year in which he (2) by redesignating subparagraph (C) as tation and Infrastructure of the House of completes the following amount of service subparagraph (D); and Representatives and the Committee on Com- computed from his date of rank in the grade (3) by inserting after subparagraph (B) the merce, Science, and Transportation of the in which he is serving: following: Senate.’’; (1) 2 years in the grade of lieutenant (jun- ‘‘(C) the Secretary of Transportation, or (2) in section 260(a), by inserting ‘‘and the ior grade); the Secretary’s designee, when the Coast names of those officers recommended to be (2) 3 years in the grade of lieutenant; Guard is not operating under the Depart- advanced to the top of the list of selectees (3) 4 years in the grade of lieutenant com- ment of the Navy; and’’. established by the Secretary under section mander; SEC. 203. COMPENSATORY ABSENCE FOR ISO- 271(a) of this title’’ after ‘‘promotion’’; and (4) 4 years in the grade of commander; and LATED DUTY. (3) in section 271(a), by inserting at the end (5) 3 years in the grade of captain.’’. (a) IN GENERAL.—Section 511 of title 14, thereof the following: ‘‘The names of all offi- (c) Section 736(a) of title 14, United States United States Code, is amended to read as cers approved by the President and rec- Code, is amended by inserting ‘‘the date of follows: ommended by the board to be placed at the rank shall be the date of appointment in ‘‘§ 511. Compensatory absence from duty for top of the list of selectees shall be placed at that grade, unless the promotion was deter- military personnel at isolated duty stations the top of the list of selectees in the order of mined in accordance with a running mate ‘‘The Secretary may grant compensatory seniority on the active duty promotion system, in which event’’ after ‘‘subchapter,’’ absence from duty to military personnel of list.’’. in the first sentence in Section 736(a).

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SEC. 209. RESERVE STUDENT PRE-COMMIS- States in an amount that bears the same (2) SUMMARY OF MARINE CASUALTIES RE- SIONING ASSISTANCE PROGRAM. ratio to the total cost of the education pro- PORTED DURING PRIOR FISCAL YEAR.—Section (a) IN GENERAL.—Chapter 21 of title 14, vided to such person as the unserved portion 6307(c) of title 46, United States Code. United States Code, is amended by inserting of active duty bears to the total period of ac- (3) USER FEE ACTIVITIES AND AMOUNTS.— after section 709 the following new section: tive duty such person agreed to serve. The Section 664 of title 46, United States Code. ‘‘§ 709a. Reserve student pre-commissioning Secretary shall have the option to order such (4) CONDITIONS OF PUBLIC PORTS OF THE assistance program reimbursement without first ordering the UNITED STATES.—Section 308(c) of title 49, ‘‘(a) The Secretary may provide financial member to active duty. United States Code. ‘‘(2) The Secretary may waive the service assistance to an eligible enlisted member of (5) ACTIVITIES OF FEDERAL MARITIME COM- obligated under subsection (f) of a member the Coast Guard Reserve, not on active duty, MISSION.—Section 208 of the Merchant Ma- who is not physically qualified for appoint- for expenses of the member while the mem- rine Act, 1936 (46 App. U.S.C. 1118). ment and who is determined to be unquali- (6) ACTIVITIES OF INTERAGENCY COORDI- ber is pursuing on a full-time basis at an in- fied for service as an enlisted member of the stitution of higher education a program of NATING COMMITTEE ON OIL POLLUTION RE- Coast Guard Reserve due to a physical or SEARCH.—Section 7001(e) of the Oil Pollution education approved by the Secretary that medical condition that was not the result of leads to- Act of 1990 (33 U.S.C. 2761(e)). the member’s own misconduct or grossly SEC. 304. OIL SPILL LIABILITY TRUST FUND; ‘‘(1) a baccalaureate degree in not more negligent conduct. than 5 academic years; or EMERGENCY FUND BORROWING AU- ‘‘(h) As used in this section, the term ‘in- THORITY. ‘‘(2) a doctor of jurisprudence or bachelor stitution of higher education’ has the mean- Section 6002(b) of the Oil Pollution Act of of laws degree in not more than 3 academic ing given that term in section 101 of the 1990 (33 U.S.C. 2752(b)) is amended after the years. Higher Education Act of 1965 (20 U.S.C. first sentence by inserting ‘‘To the extent ‘‘(b)(1) To be eligible for financial assist- 1001).’’. that such amount is not adequate for re- ance under this section, an enlisted member (b) CLERICAL AMENDMENT.—The chapter moval of a discharge or the mitigation or of the Coast Guard Reserve must- analysis for chapter 21 of title 14, United prevention of a substantial threat of a dis- ‘‘(A) be enrolled on a full-time basis in a States Code, is amended by adding the fol- charge, the Coast Guard may borrow from program of education referred to in sub- lowing new item after the item relating to the Fund such sums as may be necessary, up section (a) at any institution of higher edu- section 709: to a maximum of $100,000,000, and within 30 cation; and ‘‘709a. Reserve student pre-commissioning days shall notify Congress of the amount ‘‘(B) enter into a written agreement with assistance program’’. borrowed and the facts and circumstances the Coast Guard described in paragraph (2). TITLE III—MARINE SAFETY necessitating the loan. Amounts borrowed ‘‘(2) A written agreement referred to in shall be repaid to the Fund when, and to the paragraph (1)(B) is an agreement between the SEC. 301. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-BRIDGE RADIO- extent that removal costs are recovered by member and the Secretary in which the TELEPHONE ACT. the Coast Guard from responsible parties for member agrees- Section 4(b) of the Vessel Bridge-to-Bridge the discharge or substantial threat of dis- ‘‘(A) to accept an appointment as a com- Radiotelephone Act (33 U.S.C. 1203(b)), is charge.’’. missioned officer in the Coast Guard Re- amended by striking ‘‘United States inside serve, if tendered; SEC. 305. MERCHANT MARINER DOCUMENTATION the lines established pursuant to section 2 of REQUIREMENTS. ‘‘(B) to serve on active duty for up to five the Act of February 19, 1895 (28 Stat. 672), as (a) INTERIM MERCHANT MARINERS’ DOCU- years; and amended.’’ and inserting ‘‘United States, MENTS.—Section 7302 of title 46, United ‘‘(C) under such terms and conditions as which includes all waters of the territorial States Code, is amended— shall be prescribed by the Secretary, to serve sea of the United States as described in Pres- (1) by striking ‘‘A’’ in subsection (f) and in- in the Coast Guard Reserve until the eighth idential Proclamation 5928 of December 27, serting ‘‘Except as provided in subsection anniversary of the date of the appointment. 1988.’’. (g), a’’; and ‘‘(c) Expenses for which financial assist- SEC. 302. ICEBREAKING SERVICES. (2) by adding at the end the following: ance may be provided under this section are- The Commandant of the Coast Guard shall ‘‘(g)(1) The Secretary may, pending receipt ‘‘(1) tuition and fees charged by the insti- not plan, implement or finalize any regula- and review of information required under tution of higher education involved; tion or take any other action which would subsections (c) and (d), immediately issue an ‘‘(2) the cost of books; result in the decommissioning of any WYTL- interim merchant mariner’s document valid ‘‘(3) in the case of a program of education class harbor tugs unless and until the Com- for a period not to exceed 120 days, to— leading to a baccalaureate degree, labora- mandant certifies in writing to the Com- ‘‘(A) an individual to be employed as gam- tory expenses; and mittee on Commerce, Science, and Transpor- ing personnel, entertainment personnel, wait ‘‘(4) such other expenses deemed appro- tation of the Senate and the Committee on staff, or other service personnel on board a priate by the Secretary. Transportation and Infrastructure of the passenger vessel not engaged in foreign serv- ‘‘(d) The amount of financial assistance House, that sufficient replacement assets ice, with no duties, including emergency du- provided to a member under this section have been procured by the Coast Guard to re- ties, related to the navigation of the vessel shall be prescribed by the Secretary, but mediate any degradation in current or the safety of the vessel, its crew, cargo or may not exceed $25,000 for any academic icebreaking services that would be caused by passengers; or year. such decommissioning. ‘‘(B) an individual seeking renewal of, or ‘‘(e) Financial assistance may be provided SEC. 303. MODIFICATION OF VARIOUS REPORT- qualifying for a supplemental endorsement to a member under this section for up to 5 ING REQUIREMENTS. to, a valid merchant mariner’s document consecutive academic years. (a) TERMINATION OF OIL SPILL LIABILITY issued under this section. ‘‘(f) A member who receives financial as- TRUST FUND ANNUAL REPORT.— ‘‘(2) No more than one interim document sistance under this section may be ordered (1) IN GENERAL.—The report regarding the may be issued to an individual under para- to active duty in the Coast Guard Reserve by Oil Spill Liability Trust Fund required by graph (1)(A) of this subsection.’’. the Secretary to serve in a designated en- the Conference Report (House Report 101–892) (b) EXCEPTION.—Section 8701(a) of title 46, listed grade for such period as the Secretary accompanying the Department of Transpor- United States Code, is amended— prescribes, but not more than 4 years, if the tation and Related Agencies Appropriations (1) by striking ‘‘and’’ after the semicolon member’’ Act, 1991, as that requirement was amended in paragraph (8); ‘‘(1) completes the academic requirements by section 1122 of the Federal Reports Elimi- (2) by redesignating paragraph (9) as para- of the program and refuses to accept an ap- nation and Sunset Act of 1995 (26 U.S.C. 9509 graph (10); and pointment as a commissioned officer in the note), shall no longer be submitted to the (3) by inserting after paragraph (8) the fol- Coast Guard Reserve when offered; Congress. lowing: ‘‘(2) fails to complete the academic re- (2) REPEAL.—Section 1122 of the Federal ‘‘(9) a passenger vessel not engaged in a quirements of the institution of higher edu- Reports Elimination and Sunset Act of 1995 foreign voyage with respect to individuals on cation involved; or (26 U.S.C. 9509 note) is amended by— board employed for a period of not more than ‘‘(3) fails to maintain eligibility for an (A) striking subsection (a); and 30 service days within a 12 month period as original appointment as a commissioned offi- (B) striking ‘‘(b) REPORT ON JOINT FEDERAL entertainment personnel, with no duties, in- cer. AND STATE MOTOR FUEL TAX COMPLIANCE cluding emergency duties, related to the ‘‘(g)(1) If a member requests to be released PROJECT.—’’. navigation of the vessel or the safety of the from the program and the request is accept- (b) PRESERVATION OF CERTAIN REPORTING vessel, its crew, cargo or passengers; and’’. ed by the Secretary, or if the member fails REQUIREMENTS.—Section 3003(a)(1) of the SEC. 306. PENALTIES FOR NEGLIGENT OPER- because of misconduct to complete the pe- Federal Reports Elimination and Sunset Act ATIONS AND INTERFERING WITH riod of active duty specified, or if the mem- of 1995 (31 U.S.C. 1113 note) does not apply to SAFE OPERATION. ber fails to fulfill any term or condition of any report required to be submitted under Section 2302(a) of title 46, United States the written agreement required to be eligible any of the following provisions of law: Code, is amended by striking ‘‘$1,000.’’ and for financial assistance under this section, (1) COAST GUARD OPERATIONS AND EXPENDI- inserting ‘‘$5,000 in the case of a recreational the financial assistance shall be terminated. TURES.—Section 651 of title 14, United States vessel, or $25,000 in the case of any other ves- The member shall reimburse the United Code. sel.’’.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5628 CONGRESSIONAL RECORD — SENATE May 24, 2001 SEC. 307. FISHING VESSEL SAFETY TRAINING. TITLE V—MISCELLANEOUS mandant of the Coast Guard, may identify, (a) IN GENERAL.—The Commandant of the SEC. 501. MODERNIZATION OF NATIONAL DIS- describe, and determine the property to be Coast Guard may provide support, with or TRESS AND RESPONSE SYSTEM. conveyed under this section. The floating without reimbursement, to an entity en- (a) REPORT.—The Secretary of Transpor- docks associated with or attached to the gaged in fishing vessel safety training in- tation shall prepare a status report on the Naval Reserve Pier property shall remain cluding— modernization of the National Distress and the personal property of the United States. (1) assistance in developing training cur- Response System and transmit the report, (b) LEASE TO THE UNITED STATES.— ricula; not later than 60 days after the date of en- (1) CONDITION OF CONVEYANCE.—The Naval (2) use of Coast Guard personnel, including actment of this Act, and annually thereafter Reserve Pier property shall not be conveyed active duty members, members of the Coast until completion of the project, to the Com- until the Corporation enters into a lease Guard Reserve, and members of the Coast mittee on Commerce, Science, and Transpor- agreement with the United States, the terms Guard Auxiliary, as temporary or adjunct in- tation of the Senate and the Committee on of which are mutually satisfactory to the Commandant and the Corporation, in which structors; Transportation and Infrastructure of the the Corporation shall lease a portion of the (3) sharing of appropriate Coast Guard in- House of Representatives. Naval Reserve Pier property to the United formational and safety publications; and (b) CONTENTS.—The report required by sub- States for a term of 30 years without pay- (4) participation on applicable fishing ves- section (a) shall— ment of consideration. The lease agreement sel safety training advisory panels. (1) set forth the scope of the moderniza- shall be executed within 12 months after the (b) NO INTERFERENCE WITH OTHER FUNC- tion, the schedule for completion of the Sys- date of enactment of this Act. TIONS.—In providing support under sub- tem, and provide information on progress in (2) IDENTIFICATION OF LEASED PREMISES.— section (a), the Commandant shall ensure meeting the schedule and on any anticipated The Administrator, in consultation with the that the support does not interfere with any delays; Commandant, may identify and describe the Coast Guard function or operation. (2) specify the funding expended to-date on leased premises and rights of access, includ- the System, the funding required to com- SEC. 308. EXTEND TIME FOR RECREATIONAL VES- ing the following, in order to allow the Coast SEL AND ASSOCIATED EQUIPMENT plete the system, and the purposes for which Guard to operate and perform missions from RECALLS. the funds were or will be expended; and upon the leased premises: Section 4310(c)(2) of title 46, United Sates (3) describe and map the existing public (A) The right of ingress and egress over the Code, is amended in subparagraphs (A) and and private communications coverage Naval Reserve Pier property, including the (B) by striking ‘‘5’’ wherever it appears and throughout the waters of the coastal and in- pier and bulkhead, at any time, without no- inserting ‘‘10’’ in its place. ternal regions of the continental United tice, for purposes of access to Coast Guard TITLE IV—RENEWAL OF ADVISORY States, Alaska, Hawaii, Guam, and the Car- vessels and performance of Coast Guard mis- GROUPS ibbean, and identify locations that possess sions and other mission-related activities. direction-finding, asset-tracking commu- SEC. 401. COMMERCIAL FISHING INDUSTRY VES- (B) The right to berth Coast Guard cutters nications, and digital selective calling serv- or other vessels as required, in the moorings SEL ADVISORY COMMITTEE. ice; (a) COMMERCIAL FISHING INDUSTRY VESSEL along the east side of the Naval Reserve Pier (4) identify areas of high risk to boaters property, and the right to attach floating ADVISORY COMMITTEE.—Section 4508 of title and Coast Guard personnel due to commu- 46, United States Code, is amended— docks which shall be owned and maintained nications gaps; at the United States’ sole cost and expense. (1) by inserting ‘‘Safety’’ in the heading (5) specify steps taken by the Secretary to (C) The right to operate, maintain, remove, after ‘‘Vessel’’; fill existing gaps in coverage, including ob- relocate, or replace an aid to navigation lo- (2) by inserting ‘‘Safety’’ in subsection (a) taining direction-finding equipment, digital after ‘‘Vessel’’; cated upon, or to install any aid to naviga- recording systems, asset-tracking commu- tion upon, the Naval Reserve Pier property (3) by striking ‘‘(5 U.S.C App. 1 et seq.)’’ in nications, use of commercial VHF services, as the Coast Guard, in its sole discretion, subsection (e)(1)(I) and inserting ‘‘(5 U.S.C. and digital selective calling services that may determine is needed for navigational App.)’’; and meet or exceed Global Maritime Distress and purposes. (4) by striking ‘‘of September 30, 2000’’ and Safety System requirements adopted under (D) The right to occupy up to 3,000 gross inserting ‘‘on September 30, 2005’’. the International Convention for the Safety square feet at the Naval Reserve Pier prop- (b) CONFORMING AMENDMENT.—The chapter of Life at Sea; erty for storage and office space, which will analysis for chapter 45 of title 46, United (6) identify the number of VHF-FM radios be provided and constructed by the Corpora- States Code, is amended by striking the item equipped with digital selective calling sold tion, at the Corporation’s sole cost and ex- relating to section 4508 and inserting the fol- to United States boaters; pense, and which will be maintained, and lowing: (7) list all reported marine accidents, cas- utilities and other operating expenses paid ‘‘4508. Commercial Fishing Industry Vessel ualties, and fatalities associated with exist- for, by the United States at its sole cost and Safety Advisory Committee.’’. ing communications gaps or failures, includ- expense. SEC. 402. HOUSTON-GALVESTON NAVIGATION ing incidents associated with gaps in VHF- (E) The right to occupy up to 1,200 gross SAFETY ADVISORY COMMITTEE. FM coverage or digital selective calling ca- square feet of offsite storage in a location Section 18(h) of the Coast Guard Author- pabilities and failures associated with inad- other than the Naval Reserve Pier property, ization Act of 1991 (Public Law 102–241) is equate communications equipment aboard which will be provided by the Corporation at amended by striking ‘‘September 30, 2000.’’ the involved vessels; the Corporation’s sole cost and expense, and and inserting ‘‘September 30, 2005.’’. (8) identify existing systems available to which will be maintained, and utilities and close identified marine safety gaps before SEC. 403. LOWER MISSISSIPPI RIVER WATERWAY other operating expenses paid for, by the ADVISORY COMMITTEE. January 1, 2003, including expeditious receipt United States at its sole cost and expense. and response by appropriate Coast Guard op- Section 19 of the Coast Guard Authoriza- (F) The right for Coast Guard personnel to erations centers to VHF-FM digital selective tion Act of 1991 (Public Law 102–241) is park up to 60 vehicles, at no expense to the calling distress signal; and amended by striking ‘‘September 30, 2000’’ in government, in the Corporation’s parking (9) identify actions taken to-date to imple- subsection (g) and inserting ‘‘September 30, spaces on the Naval Reserve Pier property or ment the recommendations of the National 2005’’. in parking spaces that the Corporation may Transportation Safety Board in its Report secure within 1,000 feet of the Naval Reserve SEC. 404. NAVIGATION SAFETY ADVISORY COUN- No. MAR-99-01. CIL. Pier property or within 1,000 feet of the SEC. 502. CONVEYANCE OF COAST GUARD PROP- Coast Guard Marine Safety Office Portland. Section 5 of the Inland Navigational Rules ERTY IN PORTLAND, MAINE. Spaces for no less than 30 vehicles shall be Act of 1980 (33 U.S.C. 2073) is amended by (a) AUTHORITY TO CONVEY.— located on the Naval Reserve Pier property. striking ‘‘September 30, 2000’’ in subsection (1) IN GENERAL.—The Administrator of (3) RENEWAL.—The lease described in para- (d) and inserting ‘‘September 30, 2005’’. General Services may convey to the Gulf of graph (1) may be renewed, at the sole option SEC. 405. NATIONAL BOATING SAFETY ADVISORY Maine Aquarium Development Corporation, of the United States, for additional lease COUNCIL. its successors and assigns, without payment terms. Section 13110 of title 46, United States for consideration, all right, title, and inter- (4) LIMITATION ON SUBLEASES.—The United Code, is amended by striking ‘‘September 30, est of the United States in and to approxi- States may not sublease the leased premises 2000’’ in subsection (e) and inserting ‘‘Sep- mately 4.13 acres of land, including a pier to a third party or use the leased premises tember 30, 2005’’. and bulkhead, known as the Naval Reserve for purposes other than fulfilling the mis- SEC. 406. TOWING SAFETY ADVISORY COM- Pier property, together with any improve- sions of the Coast Guard and for other mis- MITTEE. ments thereon in their then current condi- sion related activities. The Act entitled ‘‘An Act to Establish a tion, located in Portland, Maine. All condi- (5) TERMINATION.—In the event that the Towing Safety Advisory Committee in the tions placed with the deed of title shall be Coast Guard ceases to use the leased prem- Department of Transportation’’ (33 U.S.C. construed as covenants running with the ises, the Administrator, in consultation with 1231a) is amended by striking ‘‘September 30, land. the Commandant, may terminate the lease 2000.’’ in subsection (e) and inserting ‘‘Sep- (2) IDENTIFICATION OF PROPERTY.—The Ad- with the Corporation. tember 30, 2005.’’. ministrator, in consultation with the Com- (c) IMPROVEMENT OF LEASED PREMISES.—

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(1) IN GENERAL.—The Naval Reserve Pier agreement entered into under subsection (b), (2) the membership of which includes rep- property shall not be conveyed until the Cor- (c), or (d) of this section. resentatives of government agencies, mari- poration enters into an agreement with the (g) LIABILITY OF THE PARTIES.—The liabil- time labor, maritime industry companies United States, subject to the Commandant’s ity of the United States and the Corporation and organizations, environmental groups, design specifications, project’s schedule, and for any injury, death, or damage to or loss of and public interest groups. final project approval, to replace the bulk- property occurring on the leased property SEC. 504. LIMITATION OF LIABILITY OF PILOTS head and pier which connects to, and pro- shall be determined with reference to exist- AT COAST GUARD VESSEL TRAFFIC vides access from, the bulkhead to the float- ing State or Federal law, as appropriate, and SERVICES. ing docks, at the Corporation’s sole cost and any such liability may not be modified or en- (a) IN GENERAL.—Chapter 23 of title 46, expense, on the east side of the Naval Re- larged by this Act or any agreement of the United States Code, is amended by adding at serve Pier property within 30 months from parties. the end the following: the date of conveyance. The agreement to (h) EXPIRATION OF AUTHORITY TO CONVEY.— ‘‘§ 2307. Limitation of liability for Coast improve the leased premises shall be exe- The authority to convey the Naval Reserve Guard Vessel Traffic Service pilots property under this section shall expire 3 cuted within 12 months after the date of en- ‘‘Any pilot, acting in the course and scope years after the date of enactment of this actment of this Act. of his duties while at a United States Coast Act. (2) FURTHER IMPROVEMENTS.—In addition to Guard Vessel Traffic Service, who provides (i) DEFINITIONS.—In this section: the improvements described in paragraph (1), information, advice or communication as- (1) AID TO NAVIGATION.—The term ‘‘aid to the Commandant is authorized to further im- navigation’’ means equipment used for navi- sistance shall not be liable for damages prove the leased premises during the lease gational purposes, including but not limited caused by or related to such assistance un- term, at the United States sole cost and ex- to, a light, antenna, sound signal, electronic less the acts or omissions of such pilot con- pense. navigation equipment, cameras, sensors stitute gross negligence or willful mis- (d) UTILITY INSTALLATION AND MAINTE- power source, or other related equipment conduct.’’. NANCE OBLIGATIONS.— (b) CLERICAL AMENDMENT.—The chapter which are operated or maintained by the (1) UTILITIES.—The Naval Reserve Pier analysis for chapter 23 of title 46, United United States. property shall not be conveyed until the Cor- States Code, is amended by adding at the end (2) CORPORATION.—The term ‘‘Corporation’’ poration enters into an agreement with the the following: means the Gulf of Maine Aquarium Develop- United States to allow the United States to ment Corporation, its successors and assigns. ‘‘2307. Limitation of liability for Coast operate and maintain existing utility lines Guard Vessel Traffic Service pi- SEC. 503. HARBOR SAFETY COMMITTEES. and related equipment, at the United States lots’’. sole cost and expense. At such time as the (a) STUDY.—The Coast Guard shall study existing harbor safety committees in the TITLE VI—JONES ACT WAIVERS Corporation constructs its proposed public United States to identify— SEC. 601. REPEAL OF SPECIAL AUTHORITY TO RE- aquarium, the Corporation shall replace ex- (1) strategies for gaining successful co- VOKE ENDORSEMENTS. isting utility lines and related equipment operation among the various groups having Section 503 of the Coast Guard Authoriza- and provide additional utility lines and an interest in the local port or waterway; tion Act of 1998 (46 U.S.C. 12106 note) is re- equipment capable of supporting a third 110- (2) organizational models that can be ap- pealed. foot Coast Guard cutter, with comparable, plied to new or existing harbor safety com- new, code compliant utility lines and equip- Mr. MCCAIN. Mr. President, I rise in mittees or to prototype harbor safety com- ment at the Corporation’s sole cost and ex- support of the Coast Guard Authoriza- mittees established under subsection (b); tion Act of 2001. Charged with main- pense, maintain such utility lines and re- (3) technological assistance that will help lated equipment from an agreed upon demar- harbor safety committees overcome local taining our national defense and the cation point, and make such utility lines and impediments to safety, mobility, environ- safety of our citizens, the Coast Guard equipment available for use by the United mental protection, and port security; and is a multi-mission agency. The Coast States, provided that the United States pays (4) recurring resources necessary to ensure Guard is a branch of the U.S. Armed for its use of utilities at its sole cost and ex- the success of harbor safety committees. Forces, but it is also a unique instru- pense. The agreement concerning the oper- (b) PROTOTYPE COMMITTEES.—The Coast ment of national security, responsible ation and maintenance of utility lines and Guard shall test the feasibility of expanding for search and rescue services and mar- equipment shall be executed within 12 the harbor safety committee concept to months after the date of enactment of this small and medium-sized ports that are not itime law enforcement. Daily oper- Act. generally served by a harbor safety com- ations include drug interdiction, envi- (2) MAINTENANCE.—The Naval Reserve Pier mittee by establishing 1 or more prototype ronmental protection, marine inspec- property shall not be conveyed until the Cor- harbor safety committees. In selecting a lo- tion, licensing, port safety and secu- poration enters into an agreement with the cation or locations for the establishment of rity, aids to navigation, waterways United States to maintain, at the Corpora- a prototype harbor safety committee, the management, and boating safety. tion’s sole cost and expense, the bulkhead Coast Guard shall— Recently the Coast Guard has been and pier on the east side of the Naval Re- (1) consider the results of the study con- forced to reduce its services and cut its serve Pier property. The agreement con- ducted under subsection (a); cerning the maintenance of the bulkhead and (2) consider identified safety issues for a operations as a result of funding short- pier shall be executed within 12 months after particular port; falls. Earlier this year, for the second the date of enactment of this Act. (3) compare the potential benefits of estab- year in a row, the Coast Guard reduced (3) AIDS TO NAVIGATION.—The United States lishing such a committee with the burdens its non-emergency operations by over shall be required to maintain, at its sole cost the establishment of such a committee 10 percent due to a shortfall in oper- and expense, any Coast Guard active aid to would impose on participating agencies and ating appropriations. Mr. President, navigation located upon the Naval Reserve organizations; the Coast Guard and the American peo- Pier property. (4) consider the anticipated level of sup- ple deserve better, and the bill I am (e) ADDITIONAL RIGHTS.—The conveyance of port from interested parties; and proud to cosponsor today authorizes the Naval Reserve Pier property shall be (5) take into account such other factors as made subject to conditions the Adminis- may be appropriate. funding at levels which would restore trator or the Commandant consider nec- (c) EFFECT ON EXISTING PROGRAMS AND the Coast Guard to the full operational essary to ensure that— STATE LAW.—Nothing in this section— level. Additionally, the bill provides (1) the Corporation shall not interfere or (1) limits the scope or activities of harbor necessary funding for cutter and air- allow interference, in any manner, with use safety committees in existence on the date craft maintenance including the elimi- of the leased premises by the United States; of enactment of this Act; nation of the existing spare parts and (2) precludes the establishment of new har- shortage. (2) the Corporation shall not interfere or bor safety committees in locations not se- This bill provides the funding nec- allow interference, in any manner, with any lected for the establishment of a prototype essary to maintain the level of service aid to navigation nor hinder activities re- committee under subsection (b); or quired for the operation and maintenance of (3) preempts State law. and the quality of performance that any aid to navigation, without the express (d) NONAPPLICATION OF FACA.—The Fed- the United States has come to expect written permission of the head of the agency eral Advisory Committee Act (5 U.S.C. App.) from the Coast Guard. I commend the responsible for operating and maintaining does not apply to harbor safety committees men and women of the Coast Guard for the aid to navigation. established under this section or any other their honorable and courageous service (f) REMEDIES AND REVERSIONARY INTER- provision of law. to this country. The bill authorizes (e) HARBOR SAFETY COMMITTEE DEFINED.— EST.—The Naval Reserve Pier property, at $4.63 billion in FY 2000, $4.83 billion in the option of the Administrator, shall revert In this section, the term ‘‘harbor safety com- to the United States and be placed under the mittee’’ means a local coordinating body— 2001, and $5.22 billion in FY 2002. administrative control of the Administrator, (1) whose responsibilities include recom- One critical goal of this bill is to pro- if, and only if, the Corporation fails to abide mending actions to improve the safety of a vide parity with the Department of De- by any of the terms of this section or any port or waterway; and fense on certain personnel matters. We

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5630 CONGRESSIONAL RECORD — SENATE May 24, 2001 should ensure that the men and women will be increasingly important in the fundamental right to bargain with serving in the Coast Guard are not ad- decades ahead.’’ It further found that their employers. versely affected because the Coast ‘‘the nation must take action soon to The legislation I am introducing Guard does not fall under the DOD um- modernize and recapitalize Coast today recognizes the unique situation brella. This bill provides parity with Guard forces, if the Service is to re- and obligation of public safety officers. DOD for military pay and housing al- main Semper Paratus—Always Ready.’’ First, we create a special collective lowance increases, Coast Guard mem- Mr. President, that modernization is bargaining right outside the scope of bership on the USO Board of Gov- just beginning and I am proud to sup- other Federal labor law and specifi- ernors, and compensation for isolated port the Administration’s request for cally prohibit the use of strikes, work duty. $338 million in Fiscal Year 2002 to fund stoppages or other actions that could In today’s strong economy, the the Integrated Deepwater System disrupt the delivery of services. Sec- Armed Services are seeing an exodus of project. The bill I am cosponsoring ond, this legislation utilizes the proce- experienced officers and enlisted per- today authorizes full funding for the dures and expertise of the Federal sonnel. Additional funding in this bill first year of this multi-year project to Labor Relations Authority to help re- provides for recruiting and retention replace more than 115 old ships and 165 solve disputes between public safety initiatives, to ensure that the Coast aircraft that will soon reach their serv- employers and employees. This bill Guard retains the most qualified young ice lives. I support the Coast Guard’s simply requires that each State pro- Americans. In addition, it addresses groundbreaking procurement process vide minimum collective bargaining the current shortage of qualified pilots that stresses life cycle cost efficiency rights to their public safety employees and authorizes the Coast Guard to send and not just lowest procurement cost. in whatever manner they choose. It more students to flight school. New This bill represents a thorough set of outlines certain provisions that must programs will offer financial assistance improvements which will make the be included in state laws, but leaves to bring college students into the Serv- Coast Guard more effective, improve the major decisions to the state legis- ice and bring retired officers back on the quality of life of its personnel, and latures. States that already have the active duty to fill temporary experi- facilitate their daily operations. I minimum collective bargaining protec- ence gaps. would like to thank Senators SNOWE tions as outlined in this legislation The Coast Guard is the lead federal and KERRY for their bipartisan leader- would be exempt from the Federal stat- agency in maritime drug interdiction. ship on Coast Guard issues, as well as ute. And third, the bill specifically pro- Therefore, they are often our nation’s my fellow co-sponsors Senators HOL- hibits strikes, lockouts, sickouts, work first line of defense in the war on LINGS, BREAUX, LOTT, MURKOWSKI, and slowdowns or any other job action drugs. This bill authorizes the Coast DEWINE for their longstanding support which will disrupt the delivery of Guard to acquire and operate up to of the Coast Guard. emergency services. seven ex-Navy patrol boats, thereby ex- Labor-management partnerships, panding the Coast Guard’s critical By Mr. GREGG (for himself, Mr. which are built upon bargaining rela- presence in the Caribbean, a major KENNEDY, Mr. DEWINE, and Mr. tionships, result in improved public drug trafficking area. With the vast BAYH): safety. Employer-employee coopera- majority of the drugs smuggled into S. 952. A bill to provide collective tion contains the promise of saving the the United States on the water, the bargaining rights for public safety offi- taxpayer money by enabling workers Coast Guard must remain well cers employed by States or their polit- to give input as to the most efficient equipped to prevent drugs from reach- ical subdivisions; to the Committee on way to provide services. In fact, States ing our schools and streets. I was grati- Health, Education, Labor, and Pen- that currently give firefighters the fied to learn that just a few weeks ago, sions. right to discuss workplace issues actu- the Coast Guard made the largest sin- Mr. GREGG. Mr. President, today, I ally have lower fire department budg- gle maritime cocaine seizure in his- am pleased to be joined by Senators ets than states without those laws. tory; more than 13 tons of illegal drugs KENNEDY, DEWINE, and BAYH in intro- The Public Safety Employer-Em- bound for U.S. streets are instead ducing the Public Safety Employer- ployee Cooperation act of 2001 will put bound for an incinerator. Employee Cooperation Act of 2001. This firefighters and law enforcement offi- Environmental protection, including legislation would extend to firefighters cers on equal footing with other em- oil-spill cleanup, is an invaluable serv- and police officers the right to discuss ployees and provide them with the fun- ice provided by the Coast Guard. Under workplace issues with their employers. damental right to negotiate with em- current law, the Coast Guard has ac- With the enactment of the Congres- ployers over such basic issues as hours, cess to a permanent annual appropria- sional Accountability Act, State and wages, and workplace conditions. tion of $50 million, distributed by the local government employees remain I urge its adoption and ask unani- Oil Spill Liability Trust Fund, to carry the only sizable segment of workers mous consent that the text of this bill out emergency oil spill response needs. left in America who do not have the be printed in the RECORD. Over the past few years, the fund has basic right to enter into collective bar- There being no objection, the bill was spent an average of $42 to $50 million gaining agreements with their employ- ordered to be printed in the RECORD, as per year, without the occurrence of a ers. While most States do provide some follows: major oil spill. Clearly these funds collective bargaining rights for their S. 952 would not be adequate to respond to a public employees, others do not. [Data not available at time of print- large spill. For instance, a spill the size The lack of collective bargaining ing.] of the Exxon Valdez could easily de- rights is especially troublesome in the Mr. KENNEDY. Mr. President, I am plete the annual appropriated funds in public safety arena. Firefighters and honored today to join my colleagues, two to three weeks. This bill author- police officers take seriously their oath Senators GREGG, DEWINE, and BAYH, to izes the Coast Guard to borrow up to an to protect the public safety, and as a introduce the ‘‘Public Safety Em- additional $100 million, per incident, result, they do not engage in work ployer-Employee Cooperation Act of from the Oil Spill Liability Trust stoppages or slowdowns. The absence of 2001.’’ Fund, for emergency spill responses. In collective bargaining denies these For more than 60 years, collective such cases, it also requires the Coast workers any opportunity to influence bargaining has enabled labor and man- Guard to notify Congress of amounts the decisions that affect their lives or agement to work together to improve borrowed within thirty days and repay livelihoods. job conditions and increase produc- such amounts once payment is col- Studies have shown that commu- tivity. Through collective bargaining, lected from the responsible party. nities which promote such cooperation labor and management have led the The 1999 President’s Interagency enjoy much more effective and effi- way on many important improvements Task Force on U.S. Coast Guard Roles cient delivery of emergency services. in today’s workplace—especially with and Missions reported ‘‘The Coast Such cooperation, however, is not pos- regard to health and pension benefits, Guard provides the United States a sible in the 18 States that do not pro- paid holidays and sick leave, and work- broad spectrum of vital services that vide public safety employees with the place safety.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5631 Collective bargaining in the public I urge my colleagues to support this wilderment, as Darth Vader suddenly sector, once a controversial issue, is important measure. became Luke Skywalker overnight. now widely accepted. It has been com- As this alliance indicates, election mon since at least 1962, when President By Mr. MCCONNELL (for himself, reform must transcend partisanship Kennedy signed an Executive Order Mr. SCHUMER, Mr. TORRICELLI, and result in real and lasting achieve- granting these basic rights to federal Mr. BROWNBACK, Mr. ALLARD, ment by ensuring what I call, the three employees. Congressional employees Mr. AKAKA, Mr. ALLEN, Mr. A’s of election reform: Accuracy, Ac- have had these rights since enactment BAYH, Mr. BENNETT, Mrs. cess and Accountability. This is the es- of the Congressional Accountability BOXER, Mr. BUNNING, Mr. sence of this bill. Act almost a decade ago. It is long BREAUX, Mr. BURNS, Ms. CANT- Our bill will establish, for the first since time to give state and local gov- WELL, Mr. CAMPBELL, Mr. time in our Nation’s history, a perma- ernment employees federal protection CHAFEE, Mr. CLELAND, Ms. COL- nent Election Administration Commis- for the basic right to enter into collec- LINS, Mrs. CLINTON, Mr. CRAIG, sion. This new permanent commission tive bargaining agreements with their Mr. CONRAD, Mr. CRAPO, Mr. will bring focused expertise to bear on employers. CORZINE, Mr. DEWINE, Mr. the administration of elections, and, The act we are introducing today ex- DASCHLE, Mr. DOMENICI, Mr. importantly, award matching grants to tends this protection to firefighters, DAYTON, Mr. ENSIGN, Mr. DUR- States and localities to improve the ac- police officers, paramedics and emer- BIN, Mr. ENZI, Mr. EDWARDS, curacy and integrity of our election gency medical technicians. The bill Mr. FRIST, Mr. GRAHAM, Mr. system. guarantees the fundamental rights nec- GRAMM, Mr. INOUYE, Mr. GREGG, Accuracy. The last election produced essary for collective bargaining—the Mr. JOHNSON, Mr. HATCH, Mr. outcries over inaccurate voter rolls right to form and join a union; the KENNEDY, Mr. HELMS, Mr. where some cities actually had more right to bargain over hours, wages and KERRY, Mrs. HUTCHISON, Mr. registered voters than the voting age working conditions; the right to sign KOHL, Mr. JEFFORDS, Ms. LAN- population. And, of course, we’ve all legally enforceable contracts; and the DRIEU, Mr. LOTT, Mr. LEAHY, heard the stories of both pets and dead right to a resolution mechanism in the Mr. LUGAR, Ms. MIKULSKI, Mr. people being registered to vote, and, in event of an impasse in negotiations. NELSON of Nebraska, Mr. MUR- some instances, actually voting. The bill also accomplishes its goals in KOWSKI, Mr. NELSON of Florida, This legislation will require accurate a reasonable and moderate way. Mr. ROBERTS, Mr. ROCKE- The benefits of this bill are clear and voter rolls to ensure that those who FELLER, Mr. SANTORUM, Mr. compelling. It will lead to safer work- vote are legally entitled to do so, and WELLSTONE, Mr. SESSIONS, Mr. ing conditions for public safety offi- do so only once. SHELBY, Mr. SMITH of New cers. These valued public employees Access. This legislation also seeks to Hampshire, Mr. SMITH of Or- serve in some of the country’s most ensure that never again will our men dangerous, strenuous and stressful egon, and women in uniform be denied the S. 953. A bill to establish a Blue Rib- jobs. Every year, more than 80,000 po- opportunity to vote. The bill will bon Study Panel and an Election Ad- lice officers and 75,000 firefighters are merge the Department of Defense’s Of- ministration Commission to study vot- injured on the job. An average of 160 fice of Voting Assistance into the new police officers and nearly 100 fire- ing procedures and election adminis- permanent commission. Moreover, the fighters die in the line of duty each tration, to provide grants to modernize bill will increase the ability of disabled year. Because these men and women voting procedures and election admin- voters to both register and vote. serve on the front lines in providing istration, and for other purposes; to Accountability. The new Election firefighting services, law enforcement the Committee on Rules and Adminis- Administration Commission will dra- services, and emergency medical serv- tration. matically increase accountability by ices, they know what it takes to create Mr. MCCONNELL. Mr. President, awarding grants only to those states safer working conditions. They deserve when election reform emerged on the and localities who ensure accurate and the benefit of collective bargaining to nation’s agenda last winter, as chair- accessible voting. give them a voice in decisions that can man of the Senate Rules Committee, Again, I applaud Senators SCHUMER, literally make a life-and-death dif- the committee of jurisdiction over TORRICELLI, AND BROWNBACK for their ference on the job. election law, I resolved to keep the principled and diligent work on this ef- Our bill will also save money for issue from getting bogged down in the fort over the past six months. I believe states and local communities. Experi- partisan morass. The furor and fervor this bill is the first, best step toward ence has shown that when public safety surround the last election has finally meaningful election reform. officers can discuss workplace condi- given way to a constructive bipartisan tions with management, partnerships consensus. Today it is a distinct pleas- By Mr. KENNEDY (for himself, and cooperation develop and lead to ure to join with Senators SCHUMER, Mr. GRAHAM, Mr. LEAHY, Mr. improved labor-management relations TORRICELLI, and BROWNBACK in advanc- KERRY, Mr. WELLSTONE, Mr. and better, more cost-effective serv- ing bipartisan legislation to restore DODD, Mr. INOUYE, Mr. DURBIN, ices. A study by the International As- faith in American elections. Mr. FEINGOLD, and Mr. AKAKA): sociation of Fire Fighters shows that Even more remarkable is the support S. 955. A bill to amend the Immigra- states and municipalities that give in the endeavor of two reform groups tion and Nationality Act to modify re- firefighters the right to discuss work- with whom I have been engaged over strictions added by the Illegal Immi- place issues have lower fire department the years in something less than a mu- gration Reform and Immigration Re- budgets than states without such laws. tual admiration society, to say the sponsibility Act of 1996; to the Com- When workers who actually do the job least: Common Cause and the League mittee on the Judiciary. are able to provide advice on their of Women Voters. Ours is perhaps the Mr. KENNEDY. Mr. President, I am work conditions, there are fewer inju- most curious alliance since Bob Dole honored to join my colleagues, Sen- ries, better morale, better information teamed up with Britney Spears to push ators GRAHAM, LEAHY, KERRY, on new technologies, and more effi- Pepsi. And only slightly less jarring. WELLSTONE, DODD, INOUYE, AKAKA, cient ways to provide the services. Nearly as discombobulating was FEINGOLD, and DURBIN in introducing It is a matter of basic fairness to give opening the New York Times editorial the Immigrant Fairness Restoration these courageous men and women the page and seeing my name in print in Act. This legislation will restore the same rights that have long been en- the lead editorial applauding the balance to our immigration laws that joyed by other workers. They put their McConnell/Schumer/Torricelli/Brown- was lost when Congress amended the lives on the line to protect us every back bill. My wife, the Secretary of immigration laws in 1996. day. They deserve to have an effective Labor, subsequently performed the The changes made in 1996 went too voice on the job, and improvements in Heimlich maneuver, lest I choke on the far. They have had harsh consequences their work conditions will benefit their New York Times’ praise. No doubt the that punish families and violate indi- entire community. editorial writer experienced similar be- vidual liberty, fairness and due process.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5632 CONGRESSIONAL RECORD — SENATE May 24, 2001 Families are being torn apart. Persons It is long past time for Congress to cor- Fairness Restoration Act will help to who present no danger to their commu- rect the laws enacted in 1996. protect families, assure fairness and nities have been left to languish in INS Many heart-wrenching stories could due process, and restore the integrity detention. Individuals are being sum- be cited about the ‘‘nightmares’’ cre- of our immigration laws, and I urge all marily deported from the United ated by the 1996 laws and the people my colleagues to support it. States, to countries they no longer re- caught by its provisions. Mr. GRAHAM. Mr. President, I am member, separated from all that they Consider the case of Carlos Garcia, pleased to join my colleagues, Senators know and love. who fled from his native land of El Sal- KENNEDY, DODD, DURBIN, INOUYE, The bill we are introducing will undo vador in 1978 during the civil war. Upon KERRY, LEAHY, AKAKA, and WELLSTONE many of these harsh consequences. It arriving in the United States, he be- to introduce the Immigrant Fairness will eliminate the retroactive applica- came fluent in English and attended a Restoration Act of 2001. This legisla- tion of the 1996 changes. Permanent local community college, and in 1982, tion brings balance back to the legal residents who committed offenses long he became a permanent resident. All of system. It rights some of the wrongs of before the enactment of the 1996 laws his family live in this country, includ- the 1996 immigration law. It restores should be able to apply for the relief ing his U.S. citizen parents. fairness and justice to everyone in our from removal under the law as it ex- In 1993, he pleaded guilty to taking country. isted when the offense was committed. $200 from a department store where he As it stands today, the immigration Current immigration laws too often worked. He was sentenced to two years laws violate those core American prin- punish permanent residents out of all of probation, with a suspended jail sen- ciples. proportion to their crimes. Relatively tence, and he completed his probation The original aim of the 1996 immigra- minor offenses are turned into aggra- early. Apart from this single offense, tion bill was to control illegal immi- vated felonies. Permanent residents he has no criminal history. For years, gration. In practice, the law hurts legal who did not have criminal convictions he has worked as a caterer, holding a permanent residents and others who or serve prison sentences are blocked security clearance, since his employer entered, or wanted to enter, the United from all relief from deportation. handled functions in Congress, the States legally. Our proposal restores the discretion State Department and White House. He The 1996 laws, Illegal Immigration that immigration judges previously regularly attends church and partici- Reform and Immigrant Responsibility had and responsibly exercised to evalu- pates in a bone marrow transplant pro- Act, IIRAIRA, and Antiterrorism and ate cases on an individual basis and gram to help children. Effective Death Penalty Act, AEDPA, grant relief from deportation to deserv- In 1998, the INS placed Carlos in re- mandated deportation of legal aliens ing persons. Currently, immigration moval proceedings after he returned for relatively insignificant crimes. For judges are precluded from granting from a four-day vacation cruise. Be- the most part, these are crimes for such relief to many permanent resi- cause the 1996 laws made his crime an which they have already served their dents, regardless of the circumstances aggravated felony, the immigration punishment. They have restricted ac- or equities in the cases. As a result of judge no longer had discretion to con- cess to legal counsel and virtually no the 1996 laws, the judges’ hands are sider evidence of his positive contribu- recourse in the courts. tied, even in the most compelling tions to his community, his family This violates the tradition of our cases. This legislation will allow immi- ties, or the potential hardship that sev- country. It also violates the essence of gration judges to return to their proper ering those ties may cause. our legal system. Our constitution de- role. Or consider the case of Claudette mands that no person shall be deprived Our bill will also end mandatory de- Etienne, who fled from Haiti at the age of life, liberty or property without due tention. The Attorney General will of 23, and was a legal resident of the process of law. This fundamental right have the authority to release from de- United States for 20 years. She had two applies to all persons, regardless of tention persons who do not pose a dan- young U.S. citizen children and lived their paperwork or where they were ger to the community and are not a with her husband in Miami. One day, born. flight risk. Detention is an extraor- during an argument, Claudette threat- Our legal system should be about dinary power that should only be used ened her husband with a broken bottle, granting people their day at court, to in extraordinary circumstances. A and was sentenced to a year of proba- provide a second chance, to keep the judge should have the discretion to re- tion. In June 1999, she was found guilty rules of the game fair. lease from detention persons who are of selling a small amount of cocaine When we think about fairness, or not a danger to the community and and was sentenced to another year of lack of fairness, we should think about who do not pose a flight risk. probation. When she was summoned to personal stories. John Gaul, formerly Clearly, dangerous criminals should see her probation officer in February from Tampa, FL, has been punished be detained and deported. But indefi- 2000, INS officers arrested her and twice for his mistakes. John was adopt- nite detention must end. No public pur- placed her in deportation proceedings ed from Thailand by his U.S. citizen pose is served by wasting valuable re- under the 1996 immigration laws. She parents when he was 4 years old. As a sources detaining non-dangerous indi- was imprisoned in an INS detention teenager, he was convicted of car theft viduals, many of whom have lived in center for the next seven months, and and credit card fraud, two nonviolent this country with their families for in September was taken by U.S. Mar- offenses for which he served 20 months many years, established strong ties to shals and put on a flight to Haiti. in jail. John does not remember Thai- their communities, paid taxes, and con- Upon arriving in Haiti, the police im- land. He does not speak Thai, nor does tributed in other ways to the fabric of mediately jailed her in a cell that was he know of relatives there. None of our Nation. pitch black. The air was thick with the that mattered. John was deported to The 1996 laws also stripped the Fed- stench of human sweat and waste, and Thailand and may never be allowed to eral courts of any authority to review the temperature reached 105 degrees. return to his parents in the United the decisions of the INS and the immi- Claudette had to rely on the compas- States. gration courts. Under present law, sion of prisoners and guards for food, Was it fair to threaten Carolina harsh determinations are often made since the jail provided none. During her Murry of Neptune Beach with deporta- at the unreviewable discretion of INS imprisonment in Haiti, she became tion for voting, even though she never officers. Fundamental decisions are sick with fever, stomach pains, diar- knew she was not a U.S. citizen? Caro- made on the basis of a brief review of a rhea, and constant vomiting from lina’s father told her that she had be- few pages in a file, or a perfunctory ad- drinking tap water. She died in the jail come a U.S. citizen shortly after she ministrative hearing, without judicial a few days later. moved with him from the Dominican review. Our proposal will restore such Surely, Congress cannot ignore such Republic at the age of 3. Only in 1998, review. Immigrants deserve their day abuses. Even many proponents of the when she applied for a passport, did she in court. 1996 laws now admit that these changes learn that in fact she was not. In the Americans are proud of our heritage went too far and need to be corrected process of becoming a citizen, INS offi- and history as a nation of immigrants. as soon as possible. The Immigrant cials asked her if she ever voted in a

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5633 U.S. election. She replied she had, be- ing on the subject of child passenger same approach used to encourage cause she takes her civic duties seri- safety laws shed important light on the States to establish strong drunk driv- ously. As a consequence, INS not only need to encourage States to strengthen ing standards. denied her application but also told her their laws, and I look forward to work- We cannot sit idly by while so many that she faced criminal prosecution ing with him to address this issue. of our children are exposed to unneces- and deportation for voting illegally. No child should be placed at risk by sary danger on our nation’s roads. I ask Only after the case caught media at- a simple trip to the local grocer. No my colleagues to join me in support of tention and raised a lot of public pro- child should be in danger on a family the Child Passenger Safety Act. test did the charges get dropped. trip to the beach. No child should be Would it be fair to separate Aarti placed in jeopardy in the daily ride to By Mr. WELLSTONE (for him- Shahani, a U.S. citizen, from her fa- school. Yet unfortunately, every year self, Mr. DAYTON, Mr. BYRD, and ther, a legal permanent resident in the almost 1,800 children aged 14 and under Ms. STABENOW) S. 957. A bill to provide certain safe- United States since 1984? Her father, a die in motor vehicle crashes, and more guards with respect to the domestic small businessman, is facing deporta- than 274,000 kids are injured. In fact, steel industry; to the Committee on Fi- tion to India. As early as next week he traveling in a car without a seatbelt is nance. will be transferred to INS detention the leading killer of children in Amer- Mr. WELLSTONE. Mr. President, following a State sentence relating to ica. today I am pleased to introduce, on be- his failure to report taxable business Despite this compelling statistic, the half of myself and Senators DAYTON, lack of reasonable safety measures for earnings. Aarti has taken a leave from BYRD, and STABENOW, the Steel Revi- kids in this country is staggering. We the University of Chicago to help sup- talization Act of 2001. This is the com- know that children who are not re- port her family. She and her two U.S. panion measure to H.R. 808, which, as strained are far more likely to suffer citizen siblings continue to fight for of this moment, has 189 cosponsors in their father’s right to stay in the severe injuries or even death in motor the House. The measure represents a United States. They are fighting to vehicle crashes, yet approximately 30 comprehensive approach to the serious keep the family together. percent of children ages four and under crisis facing our domestic iron ore and Earlier this month, President Bush ride unrestrained, and of those who do steel industry. urged Congress to establish immigra- buckle up, four out of five children are I want to note that several of the tion laws that recognize the impor- improperly secured. Only five percent provisions contained in the Act are tance of families and that help to of four- to eight-year-olds ride in ones that my colleagues in the bi-par- strengthen them. The Immigrant Fair- booster seats. tisan Steel Caucus here in the Senate ness Restoration Act does exactly that. Unfortunately, States have done too and our counterparts in the House have Right now, our immigration laws tear little to protect child passengers, a been working on for some time. I want families apart. The laws are harsh and conclusion documented in a recent to publicly acknowledge and thank, in offer no chance for review or appeal. study of child car safety laws by the particular, Senators ROCKEFELLER and I strongly believe that criminals non-profit National Safe Kids Cam- SPECTER for their work in co-chairing should be punished. They should repay paign. This report rated the effective- the Caucus, and Senator BYRD for his their debt to society by incarcertaion, ness of each State’s laws in protecting unflinching support of the entire steel monetary restitution or other sanc- children from injury in traffic acci- industry and his creative efforts on be- tions. But I also believe that everyone dents, and twenty-four of the fifty half of the industry’s working families. deserves a chance at a fresh start after States received a failing grade, while The Steel Revitalization Act includes the debts are paid. No one should be only two States, Florida and Cali- the following four components: 1. A punished twice. fornia, received grades higher than a C. five-year period of quantitative restric- The 1996 law went too far. It is time My own State of New Jersey’s laws tions on the import of iron ore, semi- to eliminate retroactivity. It is time to were ranked dead last in the survey, finished steel, and finished steel prod- restore a system that punishes legal because the State does not require any ucts. Import levels would be set for residents in proportion to their crimes. protection for children aged five or each product line at the average level It is time to restore discretion so im- older riding in the back seat. of penetration that occurred during the migration judges can evaluate cases in- Among the study’s alarming findings: three years prior to the onset of the dividually and grant relief to those de- no State fully protects all child pas- steel import crisis in late 1997. 2. Cre- serving. It is time to ensure legal resi- sengers ages 15 and under, no States re- ation of a Steelworker Retiree Health dents are not needlessly jailed or im- quire children aged 6–8 to ride in boost- Care Fund to be administered by a prisoned. er seats, 34 States allow child pas- Steelworker Retiree Health Care Board We need legislation that lives up to sengers to rider unrestrained due to ex- at the Department of Labor which our nation’s legacy as a country of im- emptions, and in many States, children would be accessible by all steel compa- migrants. I urge my colleagues to sup- are legally allowed to ride completely nies that provide health insurance to port the Immigrant Fairness Restora- unrestrained in the back seat of a vehi- retirees at the time of enactment. The tion Act to grant everyone equal pro- cle. Fund would be underwritten through a tection under the law. Statistics like these make it clear 1.5 percent surcharge on the sale of all that we need new Federal legislation. steel products in the United States, By Mr. CORZINE: States are simply not doing enough to both imported and domestic. 3. En- S. 956. A bill to amend title 23, protect children in car accidents, espe- hancement of the current Steel Loan United States Code, to promote the use cially older children. That is why Guarantee program to provide steel of safety belts and child restraint sys- today I am introducing a bill that companies greater access to funds tems by children, and for other pur- would help ensure that all children are needed to invest in capital improve- poses; to the Committee on Environ- safely secured in cars, no matter where ments and take advantage of the latest ment and Public Works. they live. The Child Passenger Safety technological advancements. Among Mr. CORZINE. Mr. President, I rise Act would encourage States to enact other things, the Act would (a) in- today to introduce the Child Passenger laws requiring that children up to age crease the current Steel Loan Guar- Safety Act, a bill to ensure that our eight are properly secured in a child antee authorization from $1 billion to children are adequately restrained and car safety seat or booster seat appro- $10 billion, (b) increase the loan cov- protected in cars. I am pleased to join priate to the child’s age or size. The erage from 85 percent to 95 percent, and my colleague Congressman FRANK PAL- legislation also would encourage States (c) extend the duration of financing LONE of New Jersey, who has intro- to ensure that children up to the age 16 from 5 to 15 years. 4. Creation of a $500 duced this legislation in the House and are restrained in a seatbelt, regardless million grant program at the Depart- who has a longstanding interest in of where they are sitting in the vehicle. ment of Commerce to help defray the child safety. I also want to recognize States that do not meet these crit- cost of environmental mitigation and Senator PETER FITZGERALD’s commit- ical goals would be subject to the loss restructuring as a result of consolida- ment to child safety. His recent hear- of Federal transportation funds, the tion. Companies which have merged

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5634 CONGRESSIONAL RECORD — SENATE May 24, 2001 will be eligible to apply for such funds closky, with 84 other original cosponsors, in- rently, 7 loans have been approved, but only if their grant application outlines a cluding Congressional Steel Caucus Chair- one has actually resulted in financing for a merger that will retain 80 percent of man Jack Quinn and Congressional Steel steel company (Geneva Steel). Steel compa- the domestic blue-collar workforce and Caucus Executive Committee Chairman Phil nies are finding it almost impossible to raise English and Vice Chairman Dennis Kucinich. capital through other sources, especially due production capacity for 10 years after The measure currently has 172 cosponsors. to plummeting stock prices and decreasing the merger. TITLE I—Import Relief demand. This portion of the bill was ham- The recent economic conditions fac- mered out with the help of Senator Byrd’s This title will mirror H.R. 975, the Steel office. ing the U.S. iron ore and steel industry Import Quota Bill, which was approved by are of particular concern to those in the House in the 106th Congress, but failed to PROVISIONS OF TITLE III my home state of Minnesota. We are achieve cloture in the Senate. The authorization of the program will be increased from $1 billion to $10 billion. extremely proud of our state’s history PROVISIONS OF TITLE I as the nation’s largest producer of iron The guarantee will cover 95 percent of the Provides import relief by imposing 5-year loan, up from 85% under the current pro- ore. The iron ore and taconite mines, quotas on the importation of steel and iron gram. located on the Iron Range in Minnesota ore products into the U.S. The duration of the loan guarantee will be and in our sister state of Michigan, The quotas will limit import penetration extended from 5 to 15 years. have provided key raw materials to the to the average pre-crisis (1994 to 1997) levels The period between application to the nation’s steel producers for over a cen- (i.e., the import levels allowed in will be Board and determination of a guarantee will tury. linked to the percentage of domestic con- be set at 45 days. sumption of foreign steel in the years pre- The Board will be composed of the Secre- You will not find a harder working, ceding the import crisis). taries of Treasury, Commerce, and Labor, or more committed group of workers any- CHANGES FROM H.R. 975 their designees, with the Chairmanship held where in this country than you find in by the Commerce Secretary. Currently the H.R. 975 based quotas on tonnage, not per- the iron ore and taconite industry. Board includes the Fed and SEC Chairmen, centage of penetration. Because the market who have limited experience with the steel This is a group of people who work is weakening, we expect tonnage imported to under the toughest of conditions, are industry. decrease anyway. Therefore, we will link The funds made available from loans will absolutely committed to their families, quota numbers to penetration to account for be limited to capital expenditures, and will and who now face dire circumstances, expected decreases in imported tonnage. not be used to service existing debt. However, due to differences in statistical through no fault of their own, because TITLE IV—Incentives for Consolidation methodology, iron ore, semifinished steel of the effects of unfairly traded iron This title will encourage the responsible ore, semi-finished steel, and finished and coke product quotas will be determined by tonnage. consolidation of the steel industry, which is steel products. H.R. 975 did not include stainless and spe- currently deeply fragmented. Earlier this year, for example, citing cialty steel products. This provision will in- PROVISIONS OF TITLE IV poor economic conditions, LTV Steel clude those products. A $500 million grant program at the De- Mining Company halted production at This measure will include a short supply partment of Commerce will be created. the Hoyt Lakes, Minnesota mine, leav- clause to ensure that sufficient supplies of Any time up to 1 year after a merger is ing 1,400 workers out of good-paying steel products are available and to prevent completed, an eligible company, as defined jobs and affecting nearly 5,000 addi- overpricing in some product areas. as a producer of products protected under TITLE II—Legacy Cost Sharing the Quota portion of the bill, will be able to tional workers as well. These are peo- apply for up to $100 million in grants to de- ple who believe in the importance of a This title will address the overwhelming fray costs associated with the merger. strong domestic steel industry to the cost many steel companies face in retiree The Department of Commerce will review economic and national security of our health care due to massive downsizing and the merger proposal to determine if the country. restructuring in the 1980s. merger will promote the retention of jobs The Steel Revitalization Act is a PROVISIONS OF TITLE II and production capacity. Imposes a 1.5 percent surcharge on the sale If the merger meets certain thresholds in comprehensive measure designed to ad- employment and production capacity reten- dress the multiplicity of needs facing of steel and iron ore in the U.S. The average cost of a ton of steel is about $500, trans- tion (retention of 80 percent of the workforce the iron ore and steel industry today. lating to a $7.50 per ton payment. With an and at least 50 percent of the workforce of It provides import relief, industry-wide average of 130 million tons of steel sold in the acquired company and 80 percent of pro- sharing of the huge retiree health care the U.S. per year, the fund should generate duction capacity, not utilization), the com- cost burdens resulting from massive approximately $880 million per year. pany applying will be awarded up to $100 mil- layoffs during the 1970’s and 1980’s, im- Revenues will be placed in a Steelworker lion in funds to defray the costs of environ- mental mitigation. There is clear language proved access to capital, and assistance Retiree Health Care Trust Fund, to be ad- ministered by the Department of Labor stating that the intent of the measure is to for industry consolidation that pro- promote the MAXIMUM retention of work- tects American jobs. through a newly established Steel Retiree Health Care Board. ers, regardless of the 80 percent cutoff. The applicant will also be given access to It is imperative that we act and that The Board will accept applications from the Steelworker Retiree Health Care Trust we act soon. Failing economic condi- steel and iron ore companies for access to Fund for new retirees created by the merger, tions, huge health care legacy cost bur- the Fund to defray the cost of retiree health if the merger occurs prior to 2010. dens, and staggering levels of iron ore, care benefits. Requirements for employment must be semi-finished steel, and finished steel Eligible retirees will have retired prior to met for ten years to avoid penalties. Pen- imports pose immense threats to this enactment of the bill. alties for violation of the grant agreements essential industry. I urge my col- The fund will be available to defray up to will be weighted more heavily in the first 75 percent of the cost of health care per indi- leagues in the Senate to join in helping five years, then will gradually phase out dur- vidual, based on benefits available at the ing the following five years. to pass this critical legislation at the time of enactment adjusted for inflation in earliest possible date. Relief for this the health care market. New benefits nego- Mr. DAYTON. Mr. President, I join essential industry is long overdue. We tiated by the union or offered by the com- with the senior Senator from Min- cannot afford to delay. pany will not be eligible for increased fund- nesota and all my colleagues from steel I ask unanimous consent that a sum- ing. states, in making every effort to revi- mary of the bill be printed in the If there are insufficient funds to cover all talize this important and basic Amer- eligible health care rebates, the funds will be RECORD. ican industry. divided equally on a per-beneficiary basis. There are thirty-four Senators rep- There being no objection, the mate- The funds will not be divided based on ben- rial was ordered to be printed in the resenting twenty-four States in the efit costs. Steel Caucus, and we all agree that RECORD, as follows: After the first year the level of the tax will without immediate relief from the SUMMARY—STEEL REVITALIZATION ACT be adjusted annually based on the size of the fund and projected outlays, until the tax flood of foreign steel, the future of the In mid-January, the United States Steel- sunsets automatically. The tax will never ex- United States steel industry is in jeop- workers of America presented a proposal for ceed 1.5 percent. ardy. The provisions of the Steel Revi- a comprehensive steel revitalization pack- age. The results is H.R. 808, the Steel Revi- TITLE III—Steel Loan Guarantee Adjustments talization Act will give our domestic talization Act, outlined below. This was in- This title will address problems with the steel industry the time it needs to re- troduced on March 1, 2001 by Congressional Steel Loan Guarantee program, which has cover from the import surges of the Steel Caucus Vice Chairman Peter Vis- proven ineffective in finalizing loans. Cur- past three years.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5635 This bill also acknowledges the high- K, and for other purposes; to the Com- This Act also provides that accept- ly integrated process of making steel. mittee on Indian Affairs. ance of these funds is not a waiver of It provides import relief for steel prod- Mr. REID. Mr. President, I rise today any existing treaty rights pursuant to ucts that include iron ore and semi-fin- for myself and for Senator ENSIGN, to the Ruby Valley Treaty. Nor will ac- ished steel. Minnesota and Michigan introduce the Western Shoshone ceptance of these funds prevent any are the two leading states in the pro- Claims Distribution Act. I am re-intro- Western Shoshone Tribe or Band or in- duction of taconite. Taconite is essen- ducing this much needed bill for the dividual Western Shoshone Indian from tially pelletized iron ore that is melted Western Shoshone Tribe from the sec- pursuing other rights guaranteed by in blast furnaces and then blown with ond session of the 106th Congress. It law. oxygen to make steel. Every ton of im- had been referred to the Indian Affairs Twenty-three years has been more ported, semi-finished steel displaces 1.3 Committee, but there was not enough than long enough. tons of iron ore in basic, domestic steel time at the end of the Congress to act Finally, I would like to highlight the production. This means reduced pro- on it. fact that Senator ENSIGN of Nevada duction, cutbacks, and plant closings, In 1946, the Indian Claims Commis- joins me today to introduce this impor- causing devastating economic uncer- sion was established to compensate In- tant bill. I know that Senator ENSIGN tainty in critical regions of these dians for lands and resources taken is concerned, as I, about the delay of states. from them by the United States. The the distribution of the claims to the This bill will provide much needed Commission determined in 1962 that Western Shoshone, and his support for help to the hardworking people and Western Shoshone homeland had been this bill will help ensure that the Tribe their families who live in the Iron taken through ‘‘gradual encroach- will receive their long-awaited com- Range regions of Northeastern Min- ment.’’ In 1977, the Commission award- pensation. nesota and Northern Michigan. The bill ed the Tribe in over $26 million dollars. I ask unanimous consent that the also helps the steelworkers and the However, it was not until 1979, that the text of the bill be printed in the steel-making communities of West Vir- United States appropriated the funds RECORD. There being no objection, the bill was ginia, Pennsylvania, Indiana, Ohio, to to reimburse the descendants of these ordered to be printed in the RECORD, as name only a few. In this crisis, we are Tribes for their loss. Plans for claims follows: all one family. We are people who be- distribution were further delayed by lieve that America’s steel industry is a litigation; and the Western Shoshone S. 958 basic industry, essential to the eco- concern that accepting the claims [Data not available at time of print- nomic and national security of our would impact their right to get back ing.] country. some of their traditional homelands. The Western Shoshone are an impov- By Mr. BAUCUS: Yesterday, the Department of Labor S. 959. A bill to amend title 49, erished people. There is relatively lit- informed 1,400 workers from the LTV United States Code, to authorize the tle economic activity on some of their Steel Mining Company in Hoyt Lakes, Secretary of Transportation to con- scattered reservations. Those who are Minnesota that they are eligible for sider the impact of severe weather con- employed, work for the tribal govern- trade adjustment assistance because of ditions on Montana’s aviation public ment, work in livestock and agri- the increase in imported steel prod- and establish regulatory distinctions culture, or work in small businesses, ucts. Last December, LTV declared consistent with those applied to the such as day-cares and souvenir shops. bankruptcy, making these workers per- State of Alaska; to the Committee on They live from pay check to pay check, manently unemployed. Trade adjust- Commerce, Science, and Transpor- with little or no money for heating ment assistance will help with ex- tation. tended unemployment benefits, train- their homes, much less for their chil- Mr. BAUCUS. Mr. President, today I ing and relocation. I know that these dren’s education. Many of the Western rise to introduce the Montana Rural workers are grateful for this assist- Shoshone continue to be disproportion- Aviation Improvement Act. ance, but it is help that comes after ately affected by poverty and low edu- As many in this body know, flying in LTV has closed its doors forever. cational achievement. Many individ- Montana can be an adventure. There’s The bill we introduce today will give uals of the Western Shoshone are will- an old saying in Montana that ‘‘if you the industry time to restructure and ing to accept the distribution of the want the weather to change, wait five provide needed capital to companies claim settlement funds to relieve these minutes’’. through the Steel Loan Guarantee pro- difficult economic conditions. About Simply put, this act would provide gram, a program established through $128.8 million (in principal and inter- the aviation public with an accurate the efforts of the distinguished Sen- est) would be distributed to over 6,000 report of Montana’s weather conditions ator, ROBERT BYRD. The Steel Revital- eligible members of the Western Sho- at airports across the state. ization Act will help retired steel- shone; $1.27 million (in principal and This year the Federal Aviation Ad- workers with a health care fund; and interest) would be placed in an edu- ministration eliminated the use of on- help companies with necessary consoli- cational trust fund for the benefit of site certified weather observers at dation while at the same time requir- and distribution to future generations Service Level D Airports in Montana. ing them to retain the majority of of the Tribe. These Level D Airports are an impor- their workforce. The Western Shoshone have waited tant part of Montana’s transportation The United Steelworkers state: ‘‘On a long enough for the distribution of infrastructure and economy. Without level playing field, there would be no these much needed funds. The final dis- accurate information, both commercial steel crisis, but there is no level play- tribution of this fund has lingered for and private planes may not be able to ing field.’’ The Steel Revitalization Act more than twenty years, and the best land at these airports because of inac- will help strengthen the steel industry interests of the Tribe will not be served curate readings from the Automated and make American steel competitive by a further delay in enacting this leg- Surface Observing System, ASOS. once again. islation. My bill will provide payments In August 2000 I directed a member of I promise the Minnesota taconite to eligible Western Shoshone tribal my staff to spend a day at the Miles workers, their families, and the com- members, and ensure that future gen- City weather observation station, munities of the Iron Range, to work erations will be able to enjoy the finan- where the Automated Surface Observ- hard to pass this bill. cial benefits of this settlement by es- ing Systems system was being tested. tablishing a grant program for edu- I am now even more convinced that By Mr. REID (for himself and Mr. cation and other individual needs. The the commission of the Automated Sur- ENSIGN): Western Shoshone Steering Com- face Observing Systems as a stand- S. 958. A bill to provide for the use mittee, a coalition of Western Sho- alone weather observation service is a and distribution of the funds awarded shone individual tribal members, has grave mistake. to the Western Shoshone identifiable officially requested that Congress Many of the following conditions are group under Indian Claims Commission enact legislation to affect this dis- characteristic of Montana’s com- Docket Numbers 326–A–1, 326–A–3, 326– tribution. plicated weather patterns and can’t be

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5636 CONGRESSIONAL RECORD — SENATE May 24, 2001 accurately read by the Automated Sur- System should go down without major problem in older Americans. Nu- face Observing System. backup, it effectively closes the airport trition therapy in the ambulatory or The Automated Surface Observing to any traffic, commercial or private, outpatient settings has been considered System User’s Guide, dated March 1998, that cannot or will not land without by Medicare to be a preventive service, states that the following weather ele- the technological benefit of reliable and therefore, not explicitly covered. ments cannot be sensed or reported by weather data. This process could clear- While it was significant that nutri- Automated Surface Observing System; ly impact the safety of Montana’s fly- tion therapy coverage was added to hail; ice crystals (snow grains, ice pel- ing public. Part B of the Medicare program for di- lets, snow pellets); drizzle, freezing It cannot be overemphasized that in abetes and renal disease, it is critical drizzle; volcanic ash; blowing obstruc- many smaller airports, specifically that the Congress also takes action to tion sand, dust, spray; smoke; snow fall Service Level C&D sites, these observ- cover cardiovascular disease through and snow depth; hourly snow increase; ers are critical to the overall operation passage of this legislation, as rec- liquid equivalent of frozen precipita- and safety of community airspace. I ommended by the Institute of Medicine tion; water equivalent of snow on the know you would have felt the same in its report, The Role of Nutrition in ground; clouds above 12,000 feet; oper- pride and support for the human Maintaining Health in the Nation’s El- ationally significant clouds above weather observer positions that I do. derly: Evaluating Coverage of Nutri- 12,000 feet in mountainous areas; virga; We are one team, working for the same tion Services for the Medicare Popu- distant precipitation in mountainous goal. lation. and areas and distant clouds obscuring The best available tools should be The report, which had been requested mountains; and operationally signifi- used to provide the most accurate data by Congress in the Balanced Budget cant local variations in visibility. in situations involving public safety. Act of 1997, found that nutrition ther- Five of the seven airports affected The human weather observers assure apy has been shown to be effective in provide commercial airline service me that Automated Surface Observing the management and treatment of through the Essential Air Service, System as a tool, combined with their many chronic conditions which affect EAS, program—a program that is in- individual ability to override, correct Medicare beneficiaries, including dia- dispensable to the transportation and or supplement weather data gathered betes and chronic renal insufficiency, economy of Eastern Montana. With by the sensors, will provide the Amer- but also cardiovascular disease. As the Automated Surface Observing System ican public with the highest quality IOM notes, ‘‘Cardiovascular diseases on stand-alone, Montana’s EAS com- safety and weather reporting capa- are the leading cause of death and mercial carrier has expressed real res- bility in the world. major contributors to medical utiliza- ervations to landing at airports where I ask unanimous consent that the tion and disability . . . Furthermore, data may or may not be current or cor- text of the bill be printed in the there is a striking age-related rise in rect, and especially in circumstances RECORD. mortality from heart disease such that where Automated Surface Observing There being no objection, the bill was the vast majority of deaths due to System does not yet read inclement or ordered to be printed in the RECORD, as heart disease occur in persons age 65 severe weather conditions common to follows: and older.’’ Montana. As you know, airline service S. 959 In addition, the costs associated with is dependent on one thing—passengers. [Data not available at time of print- cardiovascular disease are substantial If they cannot land, who would pay to ing.] with regard to the Medicare program. fly? According to the IOM, ‘‘. . . in 1995, This past summer I hosted the Mon- By Mr. BINGAMAN (for himself, Medicare spent $24.6 billion for hospital tana Economic Summit, a statewide Mr. CRAIG, Mr. COCHRAN, Ms. expenses related to [cardiovascular dis- conference that brought together a COLLINS, Mr. DASCHLE, Mr. DOR- eases], an amount that corresponds to strong public- private partnership to GAN, Mr. ENSIGN, Mrs. MURRAY, 33 percent of its hospitalization ex- examine the evidence, chart a course Ms. STABENOW, and Mr. WAR- penditures.’’ and focus on those elements we can NER): Providing nutrition therapy to Medi- execute to help move this state for- S. 960. A bill to amend title XVIII of care beneficiaries could positively im- ward. Transportation is a strong com- the Social Security Act to expand cov- pact the Medicare Part A Trust Fund if ponent of this state’s economy. If com- erage of medical nutrition therapy hospitalization could be reduced or mercial air service is impacted, it will services under the Medicare program avoided. The IOM found this would have a dire and immediate impact on for beneficiaries with cardiovascular likely occur. As the report notes, my state’s economy, currently ranked diseases; to the Committee on Finance. ‘‘Such programs can prevent readmis- at 49th in per capita income and strug- Mr. BINGAMAN. Mr. President, I rise sions for heart failure, reduce subse- gling to climb out of the basement. today to introduce bipartisan legisla- quent length of stay, and improve func- I would like to add an accountability tion with my good friend and colleague tional status and quality-of-life . . . In log compiled by the Miles City weather from Idaho, Senator CRAIG and a bipar- view of the high costs of managing observers that identifies errors Auto- tisan group of additional Senators. heart failure, particular admissions for mated Surface Observing System in This legislation, entitled the ‘‘Medi- heart failure exacerbations, and the data collected and reported by the care Medical Nutrition Therapy rapid response to therapies, there is a Automated Surface Observing System Amendment Act of 2001,’’ provides for real potential for cost savings from at the Miles City Airport from April- the coverage of nutrition therapy for multidisciplinary heart failure pro- July 2000. My staff observed the hourly cardiovascular disease under Part B of grams that include nutrition therapy.’’ accounting throughout the day, par- the Medicare program by a registered It is exactly the type of cost effective ticularly noting the frustration by dietitian. care that we should encourage in the weather observers to input, correct and This bill builds on provisions in the Medicare program. As the American transmit data via the keyboard and ‘‘Medicare, Medicaid and SCHIP Bene- Heart Association adds in their letter terminal. It is extremely important to fits Improvement and Protection Act,’’ of support for this legislation, Dr. Rob- note that Montana’s weather observers otherwise known as BIPA, which in- ert Eckel points out that, in one study, see the Automated Surface Observing cluded coverage of Medicare nutrition ‘‘for every dollar spent on [Medicare System as a compatible tool to com- therapy for diabetes and renal disease nutrition therapy] there is a three to plement their professional training and taken from my legislation last year, S. ten dollar cost savings realized by re- provide the safest environment for 660, the ‘‘Medicare Medical Nutrition ducing the need for drug therapy.’’ Montana aviation. Therapy Act of 1999.’’ With drug costs increasing dramati- Maintenance and operational backup This bipartisan legislation is nec- cally, this could potentially result in are of additional concern in Montana’s essary because there is currently no significant cost savings to Medicare rural landscape. It goes without saying consistent Medicare Part B coverage beneficiaries. that in instances of severe weather, policy for medical nutrition therapy, Therefore, both the Medicare pro- when the Automated Surface Observing despite the fact that poor nutrition is a gram and beneficiaries would benefit

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5637 from this expanded benefit. As the IOM STATEMENTS ON SUBMITTED Korea has the most closed market for concludes, ‘‘Expanded coverage for nu- RESOLUTIONS imported motor vehicles in the devel- trition therapy is likely to generate oped world with foreign vehicles mak- ing up less than one half of one percent economically significant benefits to SENATE RESOLUTION 94—EX- of its total vehicle market. At the beneficiaries, and in the short term to PRESSING THE SENSE OF THE the Medicare program itself, through same time, Korea is dependent on open SENATE TO DESIGNATE MAY 28, markets to absorb its automotive ex- reduced healthcare expenditures. . . .’’ 2001, AS A SPECIAL DAY FOR ports and has become one of the Most importantly, it would also im- RECOGNIZING THE MEMBERS OF world’s major auto exporting coun- prove the quality of care of Medicare THE ARMED FORCES WHO HAVE tries. The relationship is so blatantly beneficiaries. As the IOM report adds, BEEN KILLED IN HOSTILE AC- unfair that Korea cannot deny their TION SINCE THE END OF THE ‘‘Whether or not expanded coverage re- market is closed. Last year, Korea im- VIETNAM WAR duces overall Medicare expenditures, it ported only 1,000 vehicles from the is recommended that these services be Mr. CLELAND (for himself, Mr. United States and exported nearly MCCAIN, Mr. LEVIN, Mrs. HUTCHISON, reimbursed given the reasonable evi- 500,000 to the United States. Mr. BIDEN, Mr. JEFFORDS, Ms. LAN- This grossly unfair automotive trade dence of improved patient outcomes as- DRIEU, Mr. BENNETT, Mr. MILLER, Mrs. relationship is due to the continuation sociated with such care.’’ MURRAY, Mr. JOHNSON, Mrs. CARNAHAN, in Korea of discriminatory practices For these reasons, I am pleased to be Mr. DAYTON, Mr. CONRAD, Mr. KEN- such as labeling foreign vehicles as introducing the ‘‘Medicare Medical Nu- NEDY, Mr. DURBIN, Mr. HATCH, Mrs. ‘‘luxury goods’’; ignoring harassment trition Therapy Amendment Act of CLINTON, Mr. SESSIONS, Mr. ALLEN, and by the media and others of foreign ve- 2001’’ today with Senator CRAIG. Mr. NELSON of Nebraska) submitted the hicles owners; and an automotive tax following resolution; which was consid- system which discriminates against However, as this legislation is intro- ered and agree to: imported vehicles, making them pro- duced, I do want to note that the IOM S. RES. 94 hibitively expensive. also recommended nutrition therapy be [Data not available at time of print- It’s not fair and our message to covered based on physician referral ing.] Korea is that we don’t accept it. rather than a specific medical condi- f That is why we submit this Concur- tion. The original legislation intro- SENATE CONCURRENT RESOLU- rent Resolution on the even of the next duced in the last Congress by Senator TION 43—EXPRESSING THE round of trade negotiations between CRAIG and myself did just that but was SENSE OF THE SENATE REGARD- the United States and Korea which made disease-specific in conference last ING THE REPUBLIC OF KOREA’S start in mid-June. The message we year. While I am pleased to introduce ONGOING PRACTICE OF LIMITING wish to send is clear and simple: we ex- pect to see some significant market this legislation to include cardio- UNITED STATES MOTOR VEHI- opening concessions by the Govern- CLES ACCESS TO ITS DOMESTIC vascular disease, I do believe that we ment of Korea in this round of negotia- MARKET need to move toward eliminating this tions and we expect to see the result in disease-specific approach in the near Mr. LEVIN (for himself and Mr. the form of actual and significantly in- future. For example, I believe that VOINOVICH) submitted the following creased sales of U.S. vehicles and parts Medicare should also provide Medicare concurrent resolution; which was re- in Korea. nutrition therapy for HIV/AIDS, can- ferred to the Committee on Finance: After five years of bilateral negotia- cer, and osteoporosis, among other S. CON. RES. 43 tions and two major trade agreements, [Data not available at time of print- things. imported automobiles are still locked ing.] out of Korea. This situation is unac- In the meantime, I urge the Congress Mr. LEVIN. Mr. President, today, as ceptable to the United States Congress to expand Medicare nutrition therapy co-chairman of the Senate Auto Cau- and to the American people and it has benefits to cover cardiovascular dis- cus, I am submitting with my col- to change. We expect and hope that the eases as soon as possible. league and Auto Caucus co-chairman, Korean Government will quadruple the I request unanimous consent that the Senator VOINOVICH, a Concurrent Reso- effort that is required of them in order lution urging Korea to remove its auto- text of the bill be printed in the to ensure an open Korean market to motive trade barriers to U.S. auto- U.S. automotive products. The nearly RECORD. motive exports. 2.5 million men and women working in There being no objection, the bill was Our resolutions urges the Republic of the largest manufacturing and highest ordered to be printed in the RECORD, as Korea to immediately end practices exporting industry in our country de- follows: that have restricted market access for serve nothing less. U.S. made automobiles and auto parts S. 960 and meet the letter and spirit of the f [Data not available at time of print- commitments it made in the 1998 ing.] Memorandum of Understanding in AMENDMENTS SUBMITTED AND Automotive Trade. An identical Reso- PROPOSED By Mr. HUTCHINSON: lution is being submitted in the House by the co-chairmen of the House Auto SA 790. Mr. THOMAS (for Mr. SPECTER (for S. 962. A bill to preserve open com- himself, Mr. ROCKEFELLER, and Mr. DAYTON) Caucus. I call on both chambers to act proposed an amendment to the bill H.R. 801, petition and Federal Government neu- swiftly to pass this important measure trality towards the labor relations of an act to amend title 38, United States Code, and send a strong signal to the Govern- to expand eligibility for CHAMPVA, to pro- Federal Government contractors on ment of Korea that it’s time to remove vide for family coverage and retroactive ex- Federal and federally funded construc- these trade barriers. pansion of the increase in maximum benefits tion projects; to the Committee on The Senate and House Auto Caucuses under Servicemembers’ Group Life Insur- Governmental Affairs. have worked hard to bring attention to ance, to make technical amendments, and for other purposes. Mr. HUTCHINSON. Mr. President, I the rapidly increasing automotive trade deficit between the United States ask unanimous consent that the text of and South Korea. We have urged our f the bill be printed in the RECORD. Government to make it a priority to There being no objection, the bill was remove barriers to competitive U.S. TEXT OF AMENDMENTS ordered to be printed in the RECORD, as automotive exports to Korea. It is a SA 790. Mr. THOMAS (for Mr. SPEC- follows: matter of simple fairness and Amer- TER (for himself, Mr. ROCKEFELLER, and ican jobs. Mr. DAYTON) proposed an amendment S. 962 When it comes to automotive trade to the bill H.R. 801, an act to amend [Data not available at time of print- between the United States and Korea, title 38, United States Code, to expand ing.] the numbers speak for themselves. eligibility for CHAMPVA, to provide

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5638 CONGRESSIONAL RECORD — SENATE May 24, 2001 for family coverage and retroactive ex- velopment Agency; Mr. Stephen Brauer, of for Memorial Affairs; Maureen P. pansion of the increase in maximum Missouri, to be Ambassador to Belgium; The Cragin to be Assistant Secretary for benefits under Servicemembers’ Group Honorable William J. Burns, of the District Public and Intergovernmental Affairs; Life Insurance, to make technical of Columbia, to be Assistant Secretary of and Jacob Lozada to be Assistant Sec- State for Near Eastern Affairs; Mr. Lorne W. amendments, and for other purposes; as Craner, of Virginia, to be Assistant Sec- retary for Human Resources and Ad- follows: retary of State for Democracy, Human ministration. [Data not available at time of print- Rights, and Labor; The Honorable Ruth A. The markup will be held on Thurs- ing.] Davis, of Georgia, to be Director General of day, May 24, 2001, at 3:00 p.m., in room f the Foreign Service; The Honorable Donald 418 of the Russell Senate Office Build- Burnham Ensenat, of Louisiana, to be Chief ing. AUTHORITY FOR COMMITTEES TO of Protocol, with Rank of Ambassador; Mr. The PRESIDING OFFICER. Without MEET Carl W. Ford, Jr., of Arkansas, to be Assist- objection, it is so ordered. ant Secretary of State for Intelligence and COMMITTEE ON COMMERCE, SCIENCE, AND Research; The Honorable A. Elizabeth Jones, PERMANENT SUBCOMMITTEE ON INVESTIGATIONS TRANSPORTATION of Maryland, to be Assistant Secretary of Mr. HATCH. Mr. President, I ask Mr. HATCH. Mr. President, I ask State for European Affairs; Mr. Walter H. unanimous consent that the Perma- unanimous consent that the Com- Kansteiner, of Virginia, to be Assistant Sec- nent Subcommittee on Investigations mittee on Commerce, Science, and retary of State for African Affairs; Mr. Paul of the Committee on Governmental Af- Transportation be authorized to meet Vincent Kelly, of Virginia, to be Assistant fairs be authorized to meet during the on pending committee business, off of Secretary of State for Legislative Affairs; session of the Senate on Thursday, the floor, after the first vote of the Mrs. Christina B. Rocca, of Virginia, to be Assistant Secretary of State for South Asian May 24, 2001, 9:30 a.m., for a hearing en- Senate. titled ‘‘Tissue Banks: Is the Federal The PRESIDING OFFICER. Without Affairs; The Honorable Peter S. Watson, of Government’s Oversight Adequate?’’ objection, it is so ordered. California, to be President of the Overseas Private Investment Corporation; FSO Pro- The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL motion Lists: Mr. Jensen, et al., dated April objection, it is so ordered. RESOURCES 23, 2001; Mr. Bean, et al., dated April 23, 2001. Mr. HATCH. Mr. President, I ask SUBCOMMITTEE ON SECURITIES AND INVESTMENT unanimous consent that the Com- At 2:45 p.m. in room SD–419: Mr. HATCH. Mr. President, I ask mittee on Energy and Natural Re- WITNESSES unanimous consent that the Sub- sources be authorized to meet during PANEL 1: The Honorable Paula J. committee on Securities and Invest- the session of the Senate on Thursday, Dobrianski, Undersecretary of State for May 24 at 9:30 to conduct a hearing. ment of the Committee on Banking, Global Affairs. Housing, and Urban Affairs be author- The committee will receive testimony PANEL 2: Ms. Nina Shea, Director, Center on the research and development, for Religious Freedom, Freedom House, ized to meet during the session of the workforce training, and Price-Ander- Washington, DC. Senate on May 24, 2001 to conduct a son Act provisions of pending energy Mr. Tom Malinowski, Washington Advo- hearing on ‘‘The Implementation and legislation, including S. 242, Depart- cacy Director for Human Rights Watch, Future of Decimalized Markets.’’ Washington, DC. ment of Energy University Nuclear The PRESIDING OFFICER. Without Science and Engineering Act; S. 388, The PRESIDING OFFICER. Without objection, it is so ordered. the National Energy Security Act of objection, it is so ordered. f 2001; S. 472, Nuclear Energy Electricity COMMITTEE ON HEALTH, EDUCATION, LABOR, PRIVILEGE OF THE FLOOR Supply Assurance Act of 2001; and S. AND PENSIONS Mr. LEAHY. Mr. President, I ask 597, the Comprehensive and Balanced Mr. HATCH. Mr. President, I ask unanimous consent that Caroline Energy Policy Act of 2001. unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Health, Education, Labor, Lopez of my staff be granted the privi- objection, it is so ordered. and Pensions be authorized to meet for lege of the floor for the rest of today. The PRESIDING OFFICER. Without COMMITTEE ON FOREIGN RELATIONS a hearing on Patient Safety: What is objection, it is so ordered. Mr. HATCH. Mr. President, I ask the role for Congress? during the ses- Mr. SESSIONS. Mr. President, I ask unanimous consent that the Com- sion of the Senate on Thursday, May unanimous consent that Nancy Briani mittee on Foreign Relations be author- 24, 2001, at 9:30 a.m. of my staff be granted the privilege of ized to meet during the session of the The PRESIDING OFFICER. Without the floor for the duration of my re- Senate on Thursday, May 24, 2001 at objection, it is so ordered. marks on her retirement. 10:30 a.m. and 2:45 p.m. to hold a busi- COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without ness meeting and a hearing as follows: Mr. HATCH. Mr. President, I ask objection, it is so ordered. At 10:30 a.m. in room S–116, the com- unanimous consent that the Com- mittee will consider and vote on the mittee on the Judiciary be authorized f following agenda items: to meet to conduct a markup on Thurs- RELIEF ACT—H.R. 1836 LEGISLATION day, May 24, 2001, at 10:00 a.m. in Dirk- AMENDMENT NO. 767, AS MODIFIED S. Con. Res. 35, A concurrent resolution ex- sen Building, Room 226. Mr. NICKLES. Mr. President, I ask pressing the sense of Congress that Lebanon, The PRESIDING OFFICER. Without unanimous consent that the previously Syria, and Iran should allow representatives objection, it is so ordered. of the International Committee of the Red proposed amendment No. 767 be modi- Cross to visit the four Israelis, Adi Avitan, COMMITTEE ON THE JUDICIARY fied with the language I send to the Binyamin Avraham, Omar Souad, and Mr. HATCH. Mr. President, I ask desk and ask further that the Journal Eichanan Tannenbaum, presently held by unanimous consent that the Com- and the permanent RECORD reflect this Hezbollah forces in Lebanon. mittee on the Judiciary be authorized modification. S. Con. Res. 42, A concurrent resolution to meet to conduct a hearing on Thurs- The PRESIDING OFFICER (Mr. BEN- condemning the practices of the Taleban. day, May 24, 2001, at 2:00 p.m. in Dirk- S. Res. 88, A resolution expressing the NETT). Without objection, it is so or- sense of the Senate on the importance of sen Building, Room 226. dered. membership of the United States on the The PRESIDING OFFICER. Without The amendment (No. 767), as modi- United Nations Human Rights Commission. objection, it is so ordered. fied, is as follows: S. Res. 91, A resolution condemning the COMMITTEE ON VETERANS’ AFFAIRS [Data not available at time of print- murder of a United States citizen and other Mr. HATCH. Mr. President, I ask civilians, and expressing the sense of the ing.] Senate regarding the failure of the Indo- unanimous consent that the Com- f mittee on Veterans’ Affairs be author- nesian judicial system to hold accountable RECOGNIZING MEMBERS OF those responsible for the killings, as amend- ized to meet to hold a markup on the ed. following nominations for the Depart- ARMED FORCES KILLED SINCE END OF VIETNAM WAR NOMINATIONS ment of Veterans Affairs: Leo S. The Honorable Thelma J. Askey, of Ten- Mackay, Jr. to be Deputy Secretary; Mr. NICKLES. Mr. President, I ask nessee, to be Director of the Trade and De- Robin L. Higgins to be Under Secretary unanimous consent that the Senate

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5639 proceed to the consideration of S. Res. nothing less in recognition of their Ascertain whether military means 94, submitted earlier today by Senators service. Indeed, tomorrow, I will be re- can achieve the political objectives; CLELAND, MCCAIN, LEVIN, and others. introducing my legislation to update Determine whether the benefits out- The PRESIDING OFFICER. The the Montgomery GI Bill, and to con- weigh the costs—political, financial, clerk will report the resolution by tinue its relevance for the married, military—and that we are prepared to title. family-oriented Armed Forces we have bear those costs; The legislative clerk read as follows: today by making its education benefits Determine the ‘‘last step’’ we are pre- A resolution (S. Res. 94) expressing the transferrable to the spouse or children pared to take if necessary to achieve sense of the Senate to designate May 28, 2001, of the service member. the objectives; as a special day for recognizing the members The Senate has passed this measure Insist that we have a clear, concise of the Armed Forces who have been killed in twice, and with the continued leader- exit strategy, including sufficient con- hostile actions since the end of the Vietnam ship and support of Senators WARNER sideration of the subsequent roles of War. and LEVIN, I am hopeful that this will the United States, regional parties, There being no objection, the Senate be the year we provide this valuable re- international organizations and other proceeded to consider the resolution. cruiting and retention tool. entities in securing the long-term suc- Mr. CLELAND. Mr. President, on As recent events have shown perhaps cess of the mission; and next Monday, May 28, and acting pur- too clearly, Americans have still not Insist on congressional approval of suant to a joint resolution approved by fully come to grips with the reality of all deployments other than those in- the Congress back in 1950, the Presi- warfare, especially the Vietnam Con- volving responses to emergency situa- dent of the United States will issue a flict. Shortly after World War II— tions. proclamation calling upon the people which of all wars in recent history is Since I came to the Senate, I have of the United States to observe a day of most widely regarded as necessary and been deeply disturbed by the tenor of prayer for permanent peace in remem- unavoidable—General Dwight D. Eisen- many of the debates which have oc- brance of all of those brace Americans hower said, ‘‘I hate war as only a sol- curred in the Congress and with both who have died in our Nation’s service. dier who has lived it can, only as one the Clinton and Bush administrations That is how Memorial Day got started who has seen its brutality, its futility, on a host of important national secu- and is what this special day is supposed and its stupidity.’’ rity issues. Last session, the Senate to be all about. Last year, to focus on the reality of failed to ratify the Comprehensive Test Whenever Memorial Day comes war and on other questions related to Ban Treaty after little meaningful de- around, I am reminded of what may the global role of the United States in bate and no Senate hearings. This was well have been the first, and is still one the post-cold-war world, I had the one of the most consequential treaties of the finest, memorials to fallen sol- great honor of being joined by my of the decade, and it was sadly reduced diers, the Funeral Oration of the great friend and colleague, Senator ROBERTS to sound-bite politics and partisan ran- Athenian leader Pericles, as recorded of Kansas, in conducting six dialogues cor. In addition to the CTBT, the Sen- by the historian Thucydides, during on the Senate floor on these and re- ate has made monumental decisions on the Peloponnesian War in the 5th Cen- lated questions. At the end, we came our policies in the Balkans and the tury BC. up with seven general principles, three Persian Gulf, and the future of NATO of which have particular relevance to For this offering of their lives made in and the United Nations, all without a this occasion: comprehensive set for American goals common by them all they each of them indi- First, the President and the Congress vidually received that renown which never and policies. grows old, and for a sepulcher, not so much need to: And though it is too early to arrive Find more and better ways to in- that in which their bones have been depos- at a firm judgment on this point, and crease communications with the Amer- ited, but that noblest of shrines wherein though there is no individual in the na- ican people on the realities of our their glory is laid up to be eternally remem- tional security arena that I have more bered upon every occasion on which deed or international interests and the costs of confidence in or respect more than Sec- story shall call for its commemoration. For securing them; heroes have the whole earth for their tomb; Find more and better ways to in- retary of State Colin Powell, I am dis- and in lands far from their own, where the crease the exchange of experiences and mayed by the apparent surge of column with its epitaph declares it, there is ideas between the government and the unilateralism, without meaningful con- enshrined in every breast a record unwritten military to avoid the broadening lack sultation with Congress, displayed by with no tablet to preserve it, except that of the new administration on subjects the heart. of military experience among the polit- ical elite; and ranging from Korean security, to de- In that spirit, today I have intro- Find more and better ways of ensur- fense of Taiwan, to National Missile duced a resolution calling upon all ing that both the executive and legisla- Defense, to the Kyoto Accords, to the Americans to especially dedicate Me- tive branches fulfill their constitu- OECD efforts to fight tax evasion, all morial Day of 2001 to those brave tional responsibilities in national secu- once again occurring without clearly American men and women who have rity policy, especially concerning mili- articulated goals and policies. In my given their lives in service to their tary operations other than declared opinion, we—all of us on both ends country since the end of the war in wars. Pennsylvania Avenue—have to do bet- Vietnam. No grand edifices or other Second, as the only global super- ter. Simply put, I do not believe we can public monuments commemorate their power, and in order to avoid stimu- afford to continue on a path of par- deeds, but their service to their coun- lating the creation of a hostile coali- tisanship and division of purpose with- try was just as strong, their sacrifice tion of other nations, the United out serious damage to our national in- just as great, their families’ and com- States should, and can afford to, forego terests. munities’ loss just as keen as their unilateralist actions, except where our I spoke earlier about some key qual- predecessors in the two World Wars of vital interests are involved. ity of life concerns of today’s military, the 20th Century, Korea and Vietnam. Finally, in the post-cold-war world, especially education and the GI bill. As the ranking member of the Senate the United States should adopt a policy However, as important as these other Armed Services Personnel Sub- of realistic restraint with respect to factors are, the ultimate quality of life committee, I have been heavily in- use of U.S. military forces in situations issue for our servicemen and women volved in trying to improve the quality other than those involving the defense centers in policy decisions made by na- of life for our servicemen and women of vital national interests. In all other tional security decision-makers here in through such steps as increasing pay situations, we must: Washington relating to the deployment and enhancing health and education Insist on well-defined political objec- of our forces abroad. It is these deploy- benefits. It is my deeply held view that tives; ments which separate families, disrupt not only do we need to take such ac- Determine whether non-military lives, and in those cases which involve tion to address some disturbing trends means will be effective, and if so, try hostilities, endanger the service mem- in armed forces recruitment and reten- them prior to any recourse to military ber’s life itself. This is not to say that tion, but we owe these individuals force; I believe our soldiers, sailors, airmen

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It is important to neither the executive or legislative thorough consideration each and every note, however, that since the adoption branches should be satisfied with the time we put them into harm’s way. of the War Powers Resolution, every current situation which results in un- There are 13 military installations in President has taken the position that certain signals to the American people, Georgia, and I visit the troops there it is an unconstitutional infringement to overseas friends and foes, and to our whenever I can. When I go to these by the Congress on the President’s au- armed forces personnel. In making our bases, I see weary and beleaguered fam- thority as Commander in Chief, and decision to authorize military action, ilies who are doing their best to make the courts have not directly addressed Congress should work to elicit all ad- it through the weeks and months with- this vital question. vice and information from the Presi- out their husbands or wives. This is a I would submit that although the dent on down to the battlefield com- heavy toll for our military personnel. Congress tried to reassert itself after manders, make a sound decision based It is a price they are ready to pay, but the Vietnam war with the enactment on this information, and then leave one I want the Senate to understand of the War Powers Resolution, we have battlefield management in the hands of and appreciate as we continue in our continued to be a timid, sometimes those competent and qualified to carry commitment of troops abroad. nonexistent player in the government out such a task. that Clausewitz emphasized must play Under the Constitution, war powers In response to such concerns, last a vital role in creating the balance nec- are divided. Article I, section 8, gives year I introduced S. 2851, a bill which essary for an effective war-making ef- Congress the power to declare war and seeks to find a more workable system fort. Since I came to the Senate, it has raise and support the armed forces, for Presidential and congressional while Article II, Section 2 declares the been my observation that the current system by which the executive and leg- interaction on the commitment of President to be Commander in Chief. American forces into combat situa- With this division of authority there islative branches discharge their re- spective constitutional duties in com- tions. Today, I am re-introducing this has also been constant disagreement, measure. It is a bill derived from the not only between the executive and mitting American service men and women into harm’s way has become in- current system for Presidential ap- legislative branches, but between indi- proval and reporting to Congress on vidual Members of Congress as well, as adequate. Congress continually lacks sufficient and timely information as to covert operations, a system which was we have seen in our debates on author- established by Public Law 102–88 in izing the intervention in Kosovo and on policy objectives and means prior to the commitment of American forces. 1991. By most accounts, this system has the Byrd-Warner amendment con- And then, in my opinion, Congress been accepted by both branches and cerning funding of that operation. largely abdicates its responsibilities has worked very well with respect to Judging by the text of the Constitution for declaring war and controlling the covert operations, producing both bet- and the debate that went into its draft- purse with inadequate and ill-timed ter decision-making in the executive ing, however, Members of Congress consideration of operations. branch and improved congressional have a right, and I would say an obliga- Reasons for the failure of the War input and oversight with respect to tion, to play a key role in the making Powers Resolution and for our current these operations. Since overt troop de- of war and in determination of the difficulties abound. I believe that part ployments into hostilities almost cer- proper use of our armed forces. of our problem stems from the disputed tainly constitute a greater risk to It is generally agreed that the Com- and uncertain role of the War Powers American interests and to American mander in Chief role gives the Presi- Resolution of 1973 in governing the lives, I believe such a system rep- dent full authority to repel attacks conduct of the President, as well as the resents the very least we should do to against the United States and makes Congress, with respect to the introduc- improve the approval and oversight him responsible for leading the armed tion of American forces into hostile process with respect to overt military forces. During the Korean and Vietnam situations. Once again, these disputes operations. It does not bind or limit conflicts, however, this country found continue to resound between both the the executive branch or military, but itself involved for many years in branches and individual members of offers greater reassurance to those undeclared wars. Many Members of the legislative branch. serving us in the Armed Forces that Congress became concerned with the In all honesty, however, the realities their service in harm’s way will have erosion of congressional authority to of our government highlight the fact the full backing of not only the Presi- decide when the United States should that while the legislature can urge, re- dent, but the Congress and the Amer- become involved in a war or in situa- quest, and demand that the President ican public as well. tions that might lead to war. On No- consult with members of Congress on Honoring our fallen heroes on Memo- vember 7, 1973, the Congress passed the decisions to use force, it cannot compel rial Day is altogether fitting and prop- War Powers Resolution over the veto of him to follow any of the advice that it er, as President Lincoln said at Gettys- President Nixon. might care to offer. With that in mind, burg. However, it is not sufficient. We The War Powers Resolution has two as an institution, Congress can do no must also honor them by our words and key requirements. Section 4(a) requires more than give or withhold its permis- deeds while they still wear their Na- the President to submit a report to sion to use force. And while this ‘‘use it tion’s military uniforms. Congress within 48 hours whenever or lose it’’ quality of congressional au- troops are introduced into hostilities thorizations may make many members I ask unanimous consent that the list or situations where imminent involve- leery about acting on a crisis too soon, of all American service men and ment in hostilities is clearly indicated delays will virtually guarantee, as Sen- women killed in hostile action since by the circumstances. Section 5(b) then ator Arthur Vandenberg once stated, the end of the Vietnam war be printed stipulates that if U.S. armed forces that crises will ‘‘never reach Congress in the RECORD. have been sent into situations of actual until they have developed to a point There being no objection, the mate- or imminent hostilities the President where congressional discretion is pa- rial was ordered to be printed in the must remove the troops within sixty thetically restricted.’’ RECORD, as follows:

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VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY Insert offset folio 655/17S here ES24MY01.017 S5658 CONGRESSIONAL RECORD — SENATE May 24, 2001 Mr. NICKLES. Mr. President, I ask read a third time and passed, the mo- proceed to the consideration of Cal- unanimous consent that the resolution tion to reconsider be laid upon the endar No. 48, S. 774. and preamble be agreed to en bloc, the table, and any statements relating to The PRESIDING OFFICER. The motion to reconsider be laid upon the the bill be printed in the RECORD. clerk will report the bill by title. table, and that any statements and The PRESIDING OFFICER. Without The legislative clerk read as follows: supporting documents be printed in the objection, it is so ordered. A bill (S. 774) to designate the Federal RECORD. The bill (S. 468) was read the third building and United States courthouse lo- The PRESIDING OFFICER. Without time and passed, as follows: cated at 121 West Spring Street in New Al- objection, it is so ordered. S. 468 bany, Indiana, as the ‘‘Lee H. Hamilton Fed- The resolution (S. Res. 94) was agreed Be it enacted by the Senate and House of Rep- eral Building and United States Court- house.’’ to. resentatives of the United States of America in The preamble was agreed to. Congress assembled, There being no objection, the Senate (The text of the resolution is located SECTION 1. DESIGNATION OF JAMES C. CORMAN proceeded to consider the bill. FEDERAL BUILDING. Mr. NICKLES. Mr. President, I ask in today’s RECORD under ‘‘Statements The Federal building located at 6230 Van unanimous consent the bill be read the on Submitted Resolutions.’’) Nuys Boulevard in Van Nuys, California, third time and passed, the motion to f shall be known and designated as the ‘‘James C. Corman Federal Building’’. reconsider be laid upon the table, and PAUL SIMON CHICAGO JOB CORPS SEC. 2. REFERENCES. any statements relating to the bill be CENTER Any reference in a law, map, regulation, printed in the RECORD. document, paper, or other record of the The PRESIDING OFFICER. Without Mr. NICKLES. Mr. President, I ask United States to the Federal building re- unanimous consent that the Senate objection, it is so ordered. ferred to in section 1 shall be deemed to be The bill (S. 774) was read the third now proceed to the consideration of a reference to the James C. Corman Federal time and passed, as follows: Calendar No. 45, S. 378. Building. S. 774 The PRESIDING OFFICER. The f clerk will report the bill by title. Be it enacted by the Senate and House of Rep- The legislative clerk read as follows: EDWARD N. CAHN FEDERAL resentatives of the United States of America in BUILDING AND UNITED STATES Congress assembled, A bill (S. 378) to redesignate the Federal COURTHOUSE SECTION 1. DESIGNATION OF LEE H. HAMILTON building located at 3348 South Kedzie Ave- FEDERAL BUILDING AND UNITED nue, in Chicago, Illinois, as the ‘‘Paul Simon Mr. NICKLES. Mr. President, I ask STATES COURTHOUSE. Chicago Job Corps Center.’’ unanimous consent the Senate now The Federal building and United States There being no objection, the Senate proceed to the consideration of Cal- courthouse located at 121 West Spring Street proceeded to consider the bill. endar No. 47, S. 757. in New Albany, Indiana, shall be known and Mr. NICKLES. Mr. President, I ask The PRESIDING OFFICER. The designated as the ‘‘Lee H. Hamilton Federal unanimous consent that the bill be clerk will report the bill by title. Building and United States Courthouse’’. read a third time and passed, the mo- The legislative clerk read as follows: SEC. 2. REFERENCES. A bill (S. 757) to designate the Federal Any reference in a law, map, regulation, tion to reconsider be laid upon the document, paper, or other record of the table, and any statements relating to building and United States courthouse lo- cated at 504 West Hamilton Street in Allen- United States to the Federal building and the bill be printed in the RECORD. town, Pennsylvania, as the ‘‘Edward N. Cahn United States courthouse referred to in sec- The PRESIDING OFFICER. Without Federal Building and United States Court- tion 1 shall be deemed to be a reference to objection, it is so ordered. house.’’ the Lee H. Hamilton Federal Building and The bill (S. 378) was read the third There being no objection, the Senate United States Courthouse. time and passed, as follows: proceeded to consider the bill. f S. 378 Mr. NICKLES. Mr. President, I ask WILDLAND FIRE MANAGEMENT unanimous consent the bill be read the Be it enacted by the Senate and House of Rep- Mr. NICKLES. I ask unanimous con- resentatives of the United States of America in third time and passed, the motion to sent the Senate now proceed to the Congress assembled, reconsider be laid upon the table, and consideration Calendar No. 49, H.R. 581. SECTION 1. DESIGNATION OF PAUL SIMON CHI- any statements relating to the bill be The PRESIDING OFFICER. The CAGO JOB CORPS CENTER. printed in the RECORD. (a) IN GENERAL.—The Federal building lo- The PRESIDING OFFICER. Without clerk will report the bill by title. The legislative clerk read as follows: cated at 3348 South Kedzie Avenue, in Chi- objection, it is so ordered. cago, Illinois, and known as the ‘‘Chicago The bill (S. 757) was read the third A bill (H.R. 581) to authorize the Secretary Job Corps Center’’ shall be known and des- time and passed, as follows: of the Interior and the Secretary of Agri- ignated as the ‘‘Paul Simon Chicago Job culture to use funds appropriated for Corps Center’’. S. 757 wildland fire management in the Depart- (b) REFERENCES.—Any reference in a law, Be it enacted by the Senate and House of Rep- ment of the Interior and Related Agencies map, regulation, document, paper, or other resentatives of the United States of America in Appropriations Act, 2001, to reimburse the record of the United States to the Federal Congress assembled, United States Fish and Wildlife Service and building referred to in subsection (a) shall be SECTION 1. DESIGNATION OF EDWARD N. CAHN the National Marine Fisheries Service to fa- deemed to be a reference to the Paul Simon FEDERAL BUILDING AND UNITED cilitate the interagency cooperation required Chicago Job Corps Center. STATES COURTHOUSE. under the Endangered Species Act of 1973 in The Federal building and United States connection with wildland fire management. f courthouse located at 504 West Hamilton There being no objection, the Senate JAMES C. CORMAN FEDERAL Street in Allentown, Pennsylvania, shall be proceeded to consider the bill. BUILDING known and designated as the ‘‘Edward N. Cahn Federal Building and United States Mr. NICKLES. I ask unanimous con- Mr. NICKLES. Mr. President, I ask Courthouse’’. sent the bill be read the third time and unanimous consent that the Senate SEC. 2. REFERENCES. passed, the motion to reconsider be now proceed to the consideration of Any reference in a law, map, regulation, laid upon the table, and any state- Calendar No. 46, S. 468. document, paper, or other record of the ments relating to the bill be printed in United States to the Federal building and The PRESIDING OFFICER. The the RECORD. clerk will report the bill by title. United States courthouse referred to in sec- tion 1 shall be deemed to be a reference to The PRESIDING OFFICER. Without The legislative clerk read as follows: the ‘‘Edward N. Cahn Federal Building and objection, it is so ordered. A bill (S. 468) to designate the Federal United States Courthouse’’. The bill (H.R. 581) was read the third building located at 6230 Van Nuys Boulevard, f time and passed. Van Nuys, California, as the ‘‘James C. f Corman Federal Building.’’ LEE H. HAMILTON FEDERAL There being no objection, the Senate BUILDING AND UNITED STATES STAR PRINT—S. 318 proceeded to consider the bill. COURTHOUSE Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I ask unanimous consent that S. 318 be star unanimous consent that the bill be unanimous consent the Senate now printed with the changes at the desk.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5659 The PRESIDING OFFICER. Without Maureen Patricia Cragin, of Maine, to be The following Air National Guard of the objection, it is so ordered. an Assistant Secretary of Veterans Affairs United States officers for appointment in the Mr. NICKLES. Mr. President, I sug- (Public and Intergovernmental Affairs). Reserve of the Air Force to the grades indi- gest the absence of a quorum. Jacob Lozada, of Puerto Rico, to be an As- cated under title 10, U.S.C., section 12203: sistant Secretary of Veterans Affairs. The PRESIDING OFFICER. The To be major general clerk will call the roll. The above nominations were ap- Brig. Gen. Gregory B. Gardner, 0000 The legislative clerk proceeded to proved subject to the nominees’ com- Brig. Gen. Robert I. Gruber, 0000 call the roll. mitment to respond to requests to ap- Brig. Gen. Craig R. McKinley, 0000 Brig. Gen. James M. Skiff, 0000 Mr. NICKLES. Mr. President, I ask pear and testify before any duly con- stituted committee of the Senate. Col. Richard W. Ash, 0000 unanimous consent that the order for Col. Thomas L. Bene Jr., 0000 DEPARTMENT OF JUSTICE the quorum call be rescinded. Col. Philip R. Bunch, 0000 The PRESIDING OFFICER. Without Theodore Bevry Olson, of the District of Col. Charles W. Collier Jr., 0000 objection, it is so ordered. Columbia, to be Solicitor General of the Col. Ralph L. Dewsnup, 0000 United States. Col. Carol Ann Fausone, 0000 f Viet D. Dinh, of the District of Columbia, Col. Scott A. Hammond, 0000 EXECUTIVE SESSION to be an Assistant Attorney General. Col. David K. Harris, 0000 Michael Chertoff, of New Jersey, to be an Col. Donald A. Haught, 0000 Assistant Attorney General. Col. Kencil J. Heaton, 0000 EXECUTIVE CALENDAR THE JUDICIARY Col. Terry P. Heggemeier, 0000 Maurice A. Ross, of the District of Colum- Col. Randall E. Horn, 0000 Mr. NICKLES. Mr. President, in exec- bia, to be an Associate Judge of the Superior Col. Thomas J. Lien, 0000 utive session, I ask unanimous consent Court of the District of Columbia for the Col. Dennis G. Lucas, 0000 that the Senate proceed to the consid- term of fifteen years. Col. Joseph E. Lucas, 0000 eration of the following nominations: Erik Patrick Christian, of the District of Col. Frank Pontelandolfo Jr., 0000 Nos. 87, 88, 96, 102, 103, 105, 106, 108, 109, Columbia, to be an Associate Judge of the Col. Ronald E. Shoopman, 0000 110, 111, and 112; those nominations re- Superior Court of the District of Columbia Col. Benton M. Smith, 0000 ported by the Veterans’ Affairs Com- for the term of fifteen years. Col. Homer A. Smith, 0000 Col. Annette L. Sobel, 0000 ENVIRONMENTAL PROTECTION AGENCY mittee: Mckay, Higgins, Cragin, Col. Robert H. St. Clair III, 0000 Lozada; and all nominations reported Linda J. Fisher, of the District of Colum- Col. Michael H. Weaver, 0000 by the Armed Services Committee bia, to be Deputy Administrator of the Envi- Col. Lawrence H. Woodbury, 0000 ronmental Protection Agency. today, with the exception of Michael IN THE ARMY IN THE AIR FORCE Hamel. The following named officer for appoint- I further ask unanimous consent that The following named officer for appoint- ment in the United States Army to the grade the nominations be confirmed, the mo- ment in the Reserve of the Air Force to the indicated under title 10, U.S.C., section 624: tions to reconsider be laid upon the grade indicated under title 10, U.S.C., section 12203: To be brigadier general table, any statements relating to the Col. Charles W. Fox Jr., 0000 nominations appear at this point in the To be brigadier general Col. Fred F. Castle, Jr., 0000 The following named officer for appoint- RECORD, the President be immediately ment in the United States Army to the grade The following named officers for appoint- notified of the Senate’s action, and indicated while assigned to a position of im- ment in the United States Air Force to the that the Senate then return to legisla- portance and responsibility under title 10, grade indicated under title 10, U.S.C., section tive session. U.S.C., section 601: 624: The PRESIDING OFFICER. Without To be lieutenant general To be major general objection, it is so ordered. Maj. Gen. Roy E. Beauchamp, 0000 Brig. Gen. Kevin P. Chilton, 0000 The nominations considered and con- The following Army National Guard of the firmed are as follows: Brig. Gen. John D. W. Corley, 0000 Brig. Gen. Tommy F. Crawford, 0000 United States officer for appointment in the DEPARTMENT OF DEFENSE Brig. Gen. Charles E. Croom, Jr., 0000 Reserve of the Army to the grade indicated Thomas E. White, of Texas, to be Secretary Brig. Gen. David A. Deptula, 0000 under title 10, U.S.C., section 12203: of the Army. Brig. Gen. Gary R. Dylewski, 0000 To be brigadier general James G. Roche, of Maryland, to be Sec- Brig. Gen. James A. Hawkins, 0000 Col. David C. Harris, 0000 retary of the Air Force. Brig. Gen. Gary W. Heckman, 0000 The following named officer for appoint- Brig. Gen. Jeffrey B. Kohler, 0000 DEPARTMENT OF ENERGY ment in the Reserve of the Army to the Brig. Gen. Edward L. LaFountaine, 0000 Lee Sarah Liberman Otis, of Virginia, to grade indicated under title 10, U.S.C., section Brig. Gen. Dennis R. Larsen, 0000 be General Counsel of the Department of En- 12203: Brig. Gen. Daniel P. Leaf, 0000 ergy. Brig. Gen. Maurice L. McFann, Jr., 0000 To be brigadier general GENERAL SERVICES ADMINISTRATION Brig. Gen. Richard A. Mentemeyer, 0000 Col. Lawrence J. Johnson, 0000 Stephen A. Perry, of Ohio, to be Adminis- Brig. Gen. Paul D. Nielsen, 0000 The following Army National Guard of the trator of General Services. Brig. Gen. Thomas A. O’Riordan, 0000 United States officers for appointment in the EXECUTIVE OFFICE OF THE PRESIDENT Brig. Gen. Quentin L. Peterson, 0000 Reserve of the Army to the grade indicated Brig. Gen. Lorraine K. Potter, 0000 Angela Styles, of Virginia, to be Adminis- under title 10, U.S.C., section 12203: Brig. Gen. James G. Roudebush, 0000 trator for Federal Procurement Policy. To be major general Brig. Gen. Mary L. Saunders, 0000 DEPARTMENT OF HOUSING AND URBAN Brig. Gen. Joseph B. Sovey, 0000 Brig. Gen. James L. Pruitt, 0000 DEVELOPMENT Brig. Gen. John M. Speigel, 0000 Col. Timothy C. Barrick, 0000 Alphonso R. Jackson, of Texas, to be Dep- Brig. Gen. Craig P. Weston, 0000 Col. Claude A. Williams, 0000 uty Secretary of Housing and Urban Devel- Brig. Gen. Donald J. Wetekam, 0000 The following named Army National Guard opment. Brig. Gen. Gary A. Winterberger, 0000 of the United States officer for appointment Romolo A. Bernardi, of New York, to be an The following named officers for appoint- as Director, Army National Guard and for Assistant Secretary of Housing and Urban ment in the Reserve of the Air Force to the appointment to the grade indicated under Development. grade indicated under title 10, U.S.C., section title 10, U.S.C., sections 10506 and 601: John Charles Weicher, of the District of 12203: To be lieutenant general Columbia, to be an Assistant Secretary of To be major general Maj. Gen. Roger C. Schultz, 0000 Housing and Urban Development. Richard A. Hauser, of Maryland, to be Gen- Brig. Gen. James Sanders, 0000 The following named officer for appoint- eral Counsel of the Department of Housing Brig. Gen. David E. Tanzi, 0000 ment in the United States Army to the grade and Urban Development. The following named United States Air indicated while assigned to a position of im- portance and responsibility under title 10, DEPARTMENT OF VETERANS AFFAIRS Force Reserve officer for appointment as Chief of Air Force Reserve and for appoint- U.S.C., section 601: Leo S. Mackay, Jr., of Texas, to be Deputy ment to the grade indicated under title 10, To be lieutenant general Secretary of Veterans Affairs. U.S.C., sections 8038 and 601: Robin L. Higgins, of Florida, to be Under Lt. Gen. Johnny M. Riggs, 0000 Secretary of Veterans Affairs for Memorial To be lieutenant general The following named United States Army Affairs. Maj. Gen. James E. Sherrard III, 0000 Reserve officer for appointment as Chief,

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5660 CONGRESSIONAL RECORD — SENATE May 24, 2001 Army Reserve and for appointment to the To be lieutenant general Navy nominations beginning Robert M. grade indicated under title 10, U.S.C., sec- Lt. Gen. William L. Nyland, 0000 Abubo, and ending Eric D. Williams, which tions 3038 and 601: The following named officer for appoint- nominations were received by the Senate and To be lieutenant general ment in the United States Marine Corps to appeared in the Congressional Record on Maj. Gen. Thomas J. Plewes, 0000 the grade indicated while assigned to a posi- April 26, 2001. The following Army National Guard of the tion of importance and responsibility under f title 10, U.S.C., section 601: United States officers for appointment in the LEGISLATIVE SESSION Reserve of the Army to the grade indicated To be lieutenant general under title 10, U.S.C., section 12203: Maj. Gen. Wallace C. Gregson Jr., 0000 The PRESIDING OFFICER. The Sen- To be major general IN THE NAVY ate will return to legislative session. Brig. Gen. John C. Atkinson, 0000 The following named officer for appoint- Mr. NICKLES. Mr. President, I sug- Brig. Gen. Danny B. Callahan, 0000 ment in the United States Navy to the grade gest the absence of a quorum. Brig. Gen. Robert C. Hughes Jr., 0000 indicated while assigned to a position of the The PRESIDING OFFICER. The Brig. Gen. James H. Lipscomb III, 0000 importance and responsibility under title 10, clerk will call the roll. Brig. Gen. Charles L. Rosenfeld, 0000 U.S.C., section 601: The legislative clerk proceeded to Brig. Gen. Ronald S. Stokes, 0000 To be vice admiral call the roll. To be brigadier general Rear Adm. Alfred G. Harms Jr., 0000 Mr. NICKLES. Mr. President, I ask Col. Roger L. Allen, 0000 The following named United States Naval unanimous consent that the order for Col. Edward H. Ballard, 0000 Reserve officer for appointment as Chief of the quorum call be rescinded. Col. Bruce R. Bodin, 0000 Naval Reserve and for appointment to the The PRESIDING OFFICER. Without Col. Gary D. Bray, 0000 grade indicated under title 10, U.S.C., sec- objection, it is so ordered. Col. Willard C. Broadwater, 0000 tions 5143 and 601: Col. Jan M. Camplin, 0000 To be vice admiral f Col. Julia J. Cleckley, 0000 Col. Stephen D. Collins, 0000 Rear Adm. John B. Totushek, 0000 ORDERS FOR FRIDAY, MAY 25, 2001 Col. Bruce E. Davis, 0000 IN THE AIR FORCE Mr. NICKLES. Mr. President, I ask Col. John L. Enright, 0000 The following named officer for appoint- unanimous consent that when the Sen- Col. Joseph M. Gately, 0000 ment to the grade indicated in the Reserve of ate completes its business today, it ad- Col. John S. Gong, 0000 the Air Force under title 10, U.S.C., section journ until the hour of 10 a.m. on Fri- Col. David E. Greer, 0000 12203: day, May 25. I further ask unanimous Col. John S. Harrel, 0000 To be colonel consent that on Friday, immediately Col. Keith D. Jones, 0000 Roy V. Bousquet, 0000 Col. Timothy M. Kennedy, 0000 following the prayer, the Journal of Air Force nominations beginning Jeffrey Col. Martin J. Lucenti, 0000 proceedings be approved to date, the E. Fry, and ending George A. Mayleben, Col. Buford S. Mabry Jr., 0000 which nominations were received by the Sen- morning hour be deemed expired, and Col. John R. Mullin, 0000 ate and appeared in the Congressional the time for the two leaders be re- Col. Edward C. O’Neill, 0000 Record on May 16, 2001. served for their use later in the day Col. Nicholas Ostapenko, 0000 and the Senate then begin a period for Col. Michael B. Pace, 0000 IN THE ARMY Col. Marvin W. Pierson, 0000 Army nominations beginning Larry J. morning business, with Senators Col. David W. Raes, 0000 Ciancio, and ending Fredric D. Sheppard, speaking for up to 10 minutes each, Col. Thomas E. Stewart, 0000 which nominations were received by the Sen- with the following exceptions: Senator Col. Jon L. Trost, 0000 ate and appeared in the Congressional DURBIN, or his designee, 30 minutes; Col. Stephen F. Villacorta, 0000 Record on April 23, 2001. Senator THOMAS, or his designee, 30 Col. Alan J. Walker, 0000 Army nominations beginning Carlton minutes. Col. Jimmy G. Welch, 0000 Jackson, and ending Richard D. Miller, which nominations were received by the Sen- The PRESIDING OFFICER. Without Col. George W. Wilson, 0000 objection, it is so ordered. Col. Jessica L. Wright, 0000 ate and appeared in the Congressional Col. Arthur H. Wyman, 0000 Record on April 23, 2001. f Col. Mark E. Zirkelbach, 0000 Army nominations beginning Charles R. Barnes, and ending Joseph Wells, which PROGRAM The following Army National Guard of the nominations were received by the Senate and United States officer for appointment in the Mr. NICKLES. Mr. President, for the appeared in the Congressional Record on Reserve of the Army to the grade indicated information of all Senators, the Senate May 8, 2001. under title 10, U.S.C., section 12203: Army nominations beginning John R. Mat- will be in a period for morning business To be brigadier general hews, and ending Karl C. Thompson, which beginning at 10 a.m. tomorrow. It is Col. Gary A. Quick, 0000 nominations were received by the Senate and hoped the Senate can begin consider- The following named officer for appoint- appeared in the Congressional Record on ation of the tax reconciliation con- ment in the United States Army to the grade May 16, 2001. ference report at a reasonable time indicated while assigned to a position of im- IN THE MARINE CORPS during tomorrow’s session. Senators portance and responsibility under title 10, Marine Corps nominations beginning Ron- should be aware a vote is expected on U.S.C., section 601: ald H. Anderson, and ending John H. Wil- the conference report prior to adjourn- To be lieutenant general liams, which nominations were received by ing for the Memorial Day recess. The Maj. Gen. William J. Lennox, Jr., 0000 the Senate and appeared in the Congres- Senate may also consider any execu- sional Record on May 9, 2001. IN THE MARINE CORPS tive or legislative items available for IN THE NAVY The following named officer for appoint- action. ment in the United States Marine Corps to The following named officer for appoint- f the grade indicated while assigned to a posi- ment to the grade indicated in the United tion of importance and responsibility under States Navy under title 10, U.S.C., section ADJOURNMENT UNTIL 10 A.M. title 10, U.S.C., section 601: 624: TOMORROW To be lieutenant general To be lieutenant commander Dale J. Danko, 0000 Mr. NICKLES. Mr. President, if there Maj. Gen. Robert Magnus, 0000 is no further business to come before The following named United States Marine The following named officer for appoint- ment to the grade indicated in the United the Senate, I now ask unanimous con- Corps Reserve officer for appointment as sent that the Senate stand in adjourn- Commander, Marine Forces Reserve and for States Navy under title 10, U.S.C., section appointment to the grade indicated under 624: ment under the previous order. title 10, U.S.C., sections 5144 and 601: To be lieutenant commander There being no objection, the Senate, To be lieutenant general Delbert G. Yordy, 0000 at 6:40 p.m., adjourned until Friday, May 25, 2001, at 10 a.m. Maj. Gen. Dennis M. McCarthy, 0000 The following named officer for appoint- The following named officer for appoint- ment to the grade indicated in the United f States Navy under title 10, U.S.C., section ment in the United States Marine Corps to NOMINATIONS the grade indicated while assigned to a posi- 624: tion of importance and responsibility under To be commander Executive nominations received by title 10, U.S.C., section 601: Alexander L. Krongard, 0000 the Senate May 24, 2001:

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5661

DEPARTMENT OF TRANSPORTATION ROBIN L. HIGGINS, OF FLORIDA, TO BE UNDER SEC- COL. DENNIS G. LUCAS, 0000 RETARY OF VETERANS AFFAIRS FOR MEMORIAL AF- COL. JOSEPH E. LUCAS, 0000 JENNIFER L. DORN, OF NEBRASKA, TO BE FEDERAL FAIRS. COL. FRANK PONTELANDOLFO JR., 0000 TRANSIT ADMINISTRATOR, VICE GORDON J. LINTON, RE- MAUREEN PATRICIA CRAGIN, OF MAINE, TO BE AN AS- COL. RONALD E. SHOOPMAN, 0000 SIGNED. SISTANT SECRETARY OF VETERANS AFFAIRS (PUBLIC COL. BENTON M. SMITH, 0000 DEPARTMENT OF THE INTERIOR AND INTERGOVERNMENTAL AFFAIRS). COL. HOMER A. SMITH, 0000 JACOB LOZADA, OF PUERTO RICO, TO BE AN ASSISTANT COL. ANNETTE L. SOBEL, 0000 BENNETT WILLIAM RALEY, OF COLORADO, TO BE AN SECRETARY OF VETERANS AFFAIRS. COL. ROBERT H. ST. CLAIR III, 0000 ASSISTANT SECRETARY OF THE INTERIOR, VICE PATRI- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT COL. MICHAEL H. WEAVER, 0000 CIA J. BENEKE, RESIGNED. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- COL. LAWRENCE H. WOODBURY, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY DEPARTMENT OF STATE CONSTITUTED COMMITTEE OF THE SENATE. IN THE ARMY HOWARD H. LEACH, OF CALIFORNIA, TO BE AMBAS- DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE UNITED STATES OF AMERICA TO FRANCE. THEODORE BEVRY OLSON, OF THE DISTRICT OF CO- UNDER TITLE 10, U.S.C., SECTION 624: DEPARTMENT OF JUSTICE LUMBIA, TO BE SOLICITOR GENERAL OF THE UNITED STATES. To be brigadier general SARAH V. HART, OF PENNSYLVANIA, TO BE DIRECTOR VIET D. DINH, OF THE DISTRICT OF COLUMBIA, TO BE COL. CHARLES W. FOX JR., 0000 OF THE NATIONAL INSTITUTE OF JUSTICE, VICE JEREMY AN ASSISTANT ATTORNEY GENERAL. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TRAVIS, RESIGNED. MICHAEL CHERTOFF, OF NEW JERSEY, TO BE AN AS- SISTANT ATTORNEY GENERAL. IN THE UNITED STATES ARMY TO THE GRADE INDICATED DEPARTMENT OF COMMERCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE JUDICIARY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JAMES EDWARD ROGAN, OF CALIFORNIA, TO BE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROP- MAURICE A. ROSS, OF THE DISTRICT OF COLUMBIA, TO To be lieutenant general ERTY AND DIRECTOR OF THE UNITED STATES PATENT BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF AND TRADEMARK OFFICE, VICE Q. TODD DICKERSON, RE- THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN MAJ. GEN. ROY E. BEAUCHAMP, 0000 SIGNED. YEARS. THE FOLLOWING ARMY NATIONAL GUARD OF THE IN THE NAVY ERIK PATRICK CHRISTIAN, OF THE DISTRICT OF CO- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR SERVE OF THE ARMY TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM TITLE 10, U.S.C., SECTION 12203: AS CHIEF OF THE BUREAU OF MEDICINE AND SURGERY OF FIFTEEN YEARS. AND SURGEON GENERAL AND FOR APPOINTMENT TO THE To be brigadier general ENVIRONMENTAL PROTECTION AGENCY GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 601 COL. DAVID C. HARRIS, 0000 AND 5137: LINDA J. FISHER, OF THE DISTRICT OF COLUMBIA, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be vice admiral BE DEPUTY ADMINISTRATOR OF THE ENVIRONMENTAL IN THE RESERVE OF THE ARMY TO THE GRADE INDI- PROTECTION AGENCY. CATED UNDER TITLE 10, U.S.C., SECTION 12203: REAR ADM. MICHAEL L. COWAN, 0000 IN THE AIR FORCE To be brigadier general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. LAWRENCE J. JOHNSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING ARMY NATIONAL GUARD OF THE To be rear admiral UNITED STATES OFFICERS FOR APPOINTMENT IN THE To be brigadier general RESERVE OF THE ARMY TO THE GRADE INDICATED REAR ADM. (LH) RAND H. FISHER, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: REAR ADM. (LH) CHARLES H. JOHNSTON JR., 0000 COL. FRED F. CASTLE JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be major general DEPARTMENT OF DEFENSE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. JAMES L. PRUITT, 0000 THOMAS P. CHRISTIE, OF VIRGINIA, TO BE DIRECTOR COL. TIMOTHY C. BARRICK, 0000 OF OPERATIONAL TEST AND EVALUATION, DEPARTMENT To be major general COL. CLAUDE A. WILLIAMS, 0000 OF DEFENSE, VICE PHILIP EDWARD COYLE, III. SUE MC COURT COBB, OF FLORIDA, TO BE AMBASSADOR BRIG. GEN. KEVIN P. CHILTON, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF EXTRAORDINARY AND PLENIPOTENTIARY OF THE BRIG. GEN. JOHN DW. CORLEY, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT AS DI- UNITED STATES OF AMERICA TO JAMAICA. BRIG. GEN. TOMMY F. CRAWFORD, 0000 RECTOR, ARMY NATIONAL GUARD AND FOR APPOINT- DEPARTMENT OF JUSTICE BRIG. GEN. CHARLES E. CROOM JR., 0000 MENT TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., BRIG. GEN. DAVID A. DEPTULA, 0000 SECTIONS 10506 AND 601: EILEEN J. O’CONNOR, OF MARYLAND, TO BE AN ASSIST- BRIG. GEN. GARY R. DYLEWSKI, 0000 ANT ATTORNEY GENERAL, VICE LORETTA COLLINS BRIG. GEN. JAMES A. HAWKINS, 0000 To be lieutenant general ARGRETT, RESIGNED. BRIG. GEN. GARY W. HECKMAN, 0000 MAJ. GEN. ROGER C. SCHULTZ, 0000 BRIG. GEN. JEFFREY B. KOHLER, 0000 NATIONAL LABOR RELATIONS BOARD BRIG. GEN. EDWARD L. LA FOUNTAINE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARTHUR F. ROSENFELD, OF VIRGINIA, TO BE GENERAL BRIG. GEN. DENNIS R. LARSEN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED COUNSEL OF THE NATIONAL LABOR RELATIONS BOARD BRIG. GEN. DANIEL P. LEAF, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FOR A TERM OF FOUR YEARS, VICE LEONARD R. PAGE. BRIG. GEN. MAURICE L. MC FANN JR., 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRIG. GEN. RICHARD A. MENTEMEYER, 0000 THE JUDICIARY BRIG. GEN. PAUL D. NIELSEN, 0000 To be lieutenant general BRIG. GEN. THOMAS A. O’RIORDAN, 0000 ODESSA F. VINCENT, OF THE DISTRICT OF COLUMBIA, LT. GEN. JOHNNY M. RIGGS, 0000 BRIG. GEN. QUENTIN L. PETERSON, 0000 TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT BRIG. GEN. LORRAINE K. POTTER, 0000 THE FOLLOWING NAMED UNITED STATES ARMY RE- OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- BRIG. GEN. JAMES G. ROUDEBUSH, 0000 SERVE OFFICER FOR APPOINTMENT AS CHIEF, ARMY RE- TEEN YEARS, VICE EVELYN E. CRAWFORD QUEEN, TERM BRIG. GEN. MARY L. SAUNDERS, 0000 SERVE AND FOR APPOINTMENT TO THE GRADE INDI- EXPIRING. BRIG. GEN. JOSEPH B. SOVEY, 0000 CATED UNDER TITLE 10, U.S.C., SECTIONS 3038 AND 601: f BRIG. GEN. JOHN M. SPEIGEL, 0000 BRIG. GEN. CRAIG P. WESTON, 0000 To be lieutenant general BRIG. GEN. DONALD J. WETEKAM, 0000 MAJ. GEN. THOMAS J. PLEWES, 0000 CONFIRMATIONS BRIG. GEN. GARY A. WINTERBERGER, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE Executive nominations confirmed by THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNITED STATES OFFICERS FOR APPOINTMENT IN THE the Senate May 24, 2001: IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- RESERVE OF THE ARMY TO THE GRADE INDICATED CATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 12203: DEPARTMENT OF DEFENSE To be major general To be major general THOMAS E. WHITE, OF TEXAS, TO BE SECRETARY OF THE ARMY. BRIG. GEN. JAMES SANDERS, 0000 BRIG. GEN. JOHN C. ATKINSON, 0000 JAMES G. ROCHE, OF MARYLAND, TO BE SECRETARY OF BRIG. GEN. DAVID E. TANZI, 0000 BRIG. GEN. DANNY B. CALLAHAN, 0000 THE AIR FORCE. THE FOLLOWING NAMED UNITED STATES AIR FORCE BRIG. GEN. ROBERT C. HUGHES JR., 0000 DEPARTMENT OF ENERGY RESERVE OFFICER FOR APPOINTMENT AS CHIEF OF AIR BRIG. GEN. JAMES H. LIPSCOMB III, 0000 FORCE RESERVE AND FOR APPOINTMENT TO THE GRADE BRIG. GEN. CHARLES L. ROSENFELD, 0000 LEE SARAH LIBERMAN OTIS, OF VIRGINIA, TO BE GEN- INDICATED UNDER TITLE 10, U.S.C., SECTIONS 8038 AND BRIG. GEN. RONALD S. STOKES, 0000 ERAL COUNSEL OF THE DEPARTMENT OF ENERGY. 601: To be brigadier general GENERAL SERVICES ADMINISTRATION To be lieutenant general COL. ROGER L. ALLEN, 0000 STEPHEN A. PERRY, OF OHIO, TO BE ADMINISTRATOR MAJ. GEN. JAMES E. SHERRARD III, 0000 COL. EDWARD H. BALLARD, 0000 OF GENERAL SERVICES. COL. BRUCE R. BODIN, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. GARY D. BRAY, 0000 EXECUTIVE OFFICE OF THE PRESIDENT STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COL. WILLARD C. BROADWATER, 0000 OF THE AIR FORCE TO THE GRADES INDICATED UNDER ANGELA STYLES, OF VIRGINIA, TO BE ADMINISTRATOR COL. JAN M. CAMPLIN, 0000 TITLE 10, U.S.C., SECTION 12203: FOR FEDERAL PROCUREMENT POLICY. COL. JULIA J. CLECKLEY, 0000 To be major general COL. STEPHEN D. COLLINS, 0000 DEPARTMENT OF HOUSING AND URBAN COL. BRUCE E. DAVIS, 0000 DEVELOPMENT BRIG. GEN. GREGORY B. GARDNER, 0000 COL. JOHN L. ENRIGHT, 0000 BRIG. GEN. ROBERT I. GRUBER, 0000 COL. JOSEPH M. GATELY, 0000 ALPHONSO R. JACKSON, OF TEXAS, TO BE DEPUTY SEC- BRIG. GEN. CRAIG R. MC KINLEY, 0000 COL. JOHN S. GONG, 0000 RETARY OF HOUSING AND URBAN DEVELOPMENT. BRIG. GEN. JAMES M. SKIFF, 0000 COL. DAVID E. GREER, 0000 ROMOLO A. BERNARDI, OF NEW YORK, TO BE AN AS- COL. RICHARD W. ASH, 0000 COL. JOHN S. HARREL, 0000 SISTANT SECRETARY OF HOUSING AND URBAN DEVEL- COL. THOMAS L. BENE JR., 0000 COL. KEITH D. JONES, 0000 OPMENT. COL. PHILIP R. BUNCH, 0000 COL. TIMOTHY M. KENNEDY, 0000 JOHN CHARLES WEICHER, OF THE DISTRICT OF COLUM- COL. CHARLES W. COLLIER JR., 0000 COL. MARTIN J. LUCENTI, 0000 BIA, TO BE AN ASSISTANT SECRETARY OF HOUSING AND COL. RALPH L. DEWSNUP, 0000 COL. BUFORD S. MABRY JR., 0000 URBAN DEVELOPMENT. COL. CAROL ANN FAUSONE, 0000 COL. JOHN R. MULLIN, 0000 RICHARD A. HAUSER, OF MARYLAND, TO BE GENERAL COL. SCOTT A. HAMMOND, 0000 COL. EDWARD C. O’NEILL, 0000 COUNSEL OF THE DEPARTMENT OF HOUSING AND URBAN COL. DAVID K. HARRIS, 0000 COL. NICHOLAS OSTAPENKO, 0000 DEVELOPMENT. COL. DONALD A. HAUGHT, 0000 COL. MICHAEL B. PACE, 0000 DEPARTMENT OF VETERANS AFFAIRS COL. KENCIL J. HEATON, 0000 COL. MARVIN W. PIERSON, 0000 COL. TERRY P. HEGGEMEIER, 0000 COL. DAVID W. RAES, 0000 LEO S. MACKAY, JR., OF TEXAS, TO BE DEPUTY SEC- COL. RANDALL E. HORN, 0000 COL. THOMAS E. STEWART, 0000 RETARY OF VETERANS AFFAIRS. COL. THOMAS J. LIEN, 0000 COL. JON L. TROST, 0000

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S5662 CONGRESSIONAL RECORD — SENATE May 24, 2001 COL. STEPHEN F. VILLACORTA, 0000 To be lieutenant general TIONS WERE RECEIVED BY THE SENATE AND APPEARED COL. ALAN J. WALKER, 0000 IN THE CONGRESSIONAL RECORD ON APRIL 23, 2001. COL. JIMMY G. WELCH, 0000 LT. GEN. WILLIAM L. NYLAND, 0000 ARMY NOMINATIONS BEGINNING CARLTON JACKSON, COL. GEORGE W. WILSON, 0000 AND ENDING RICHARD D. MILLER, WHICH NOMINATIONS COL. JESSICA L. WRIGHT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE COL. ARTHUR H. WYMAN, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE CONGRESSIONAL RECORD ON APRIL 23, 2001. COL. MARK E. ZIRKELBACH, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- ARMY NOMINATIONS BEGINNING CHARLES R. BARNES, TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., AND ENDING JOSEPH WELLS, WHICH NOMINATIONS WERE THE FOLLOWING ARMY NATIONAL GUARD OF THE SECTION 601: RECEIVED BY THE SENATE AND APPEARED IN THE CON- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- To be lieutenant general GRESSIONAL RECORD ON MAY 8, 2001. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ARMY NOMINATIONS BEGINNING JOHN R. MATHEWS, TITLE 10, U.S.C., SECTION 12203: MAJ. GEN. WALLACE C. GREGSON JR., 0000 AND ENDING KARL C. THOMPSON, WHICH NOMINATIONS To be brigadier general WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE NAVY CONGRESSIONAL RECORD ON MAY 16, 2001. COL. GARY A. QUICK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MARINE CORPS NOMINATIONS BEGINNING RONALD H. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ANDERSON, AND ENDING JOHN H. WILLIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be vice admiral To be lieutenant general PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2001. REAR ADM. ALFRED G. HARMS, JR., 0000 IN THE NAVY MAJ. GEN. WILLIAM J. LENNOX JR., 0000 THE FOLLOWING NAMED UNITED STATES NAVAL RE- IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SERVE OFFICER FOR APPOINTMENT AS CHIEF OF NAVAL TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE AND FOR APPOINTMENT TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: CATED UNDER TITLE 10, U.S.C., SECTIONS 5143 AND 601: IN THE UNITED STATES MARINE CORPS TO THE GRADE To be lieutenant commander INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- To be vice admiral TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., DALE J. DANKO, 0000 SECTION 601: REAR ADM. JOHN B. TOTUSHEK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general IN THE AIR FORCE TO THE GRADE INDICATED IN THE UNITED STATES NAVY MAJ. GEN. ROBERT MAGNUS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE RESERVE OF THE AIR THE FOLLOWING NAMED UNITED STATES MARINE To be lieutenant commander FORCE UNDER TITLE 10, U.S.C., SECTION 12203: CORPS RESERVE OFFICER FOR APPOINTMENT AS COM- DELBERT G. YORDY, 0000 MANDER, MARINE FORCES RESERVE AND FOR APPOINT- To be colonel MENT TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECTIONS 5144 AND 601: ROY V. BOUSQUET, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant general AIR FORCE NOMINATIONS BEGINNING JEFFREY E. FRY, UNDER TITLE 10, U.S.C., SECTION 624: AND ENDING GEORGE A. MAYLEBEN, WHICH NOMINA- To be commander MAJ. GEN. DENNIS M. MC CARTHY, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON MAY 16, 2001. ALEXANDER L. KRONGARD, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE IN THE ARMY NAVY NOMINATIONS BEGINNING ROBERT M. ABUBO, INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- AND ENDING ERIC D. WILLIAMS, WHICH NOMINATIONS TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., ARMY NOMINATIONS BEGINNING LARRY J. CIANCIO, WERE RECEIVED BY THE SENATE AND APPEARED IN THE SECTION 601: AND ENDING FREDRIC D. SHEPPARD, WHICH NOMINA- CONGRESSIONAL RECORD ON APRIL 26, 2001.

VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E921 EXTENSIONS OF REMARKS

RECOGNIZING JOHN G. TAYLOR Ralls told the Greensboro News and Record, By the next reauthorization of the Higher Edu- ‘‘so I didn’t pick up on it (the award) for about cation Act we will know if our efforts at expan- HON. GEORGE RADANOVICH a week.’’ Ralls’s first back surgery was in sion were successful and if greater expan- OF CALIFORNIA 1992, his first year of coaching. The more re- sions are warranted. cent surgery was much more serious, how- IN THE HOUSE OF REPRESENTATIVES The first provision addressed in this legisla- ever, and Ralls was concerned that he might tion deals with on-line education programs. As Thursday, May 24, 2001 be unable to attend the ceremony on April 7th. a result of past concerns regarding cor- Mr. RADANOVICH. Mr. Speaker, I rise Fortunately, Ralls was well enough to partici- respondence education, the Higher Education today to recognize John G. Taylor for being pate as well as perform as the assistant coach Act limits the number of courses an institution selected as the Person of the Year 2000 for for the All-American girls’ game in Phoenix, may offer and the number of students an insti- his accomplishments in the area of religious Arizona, where he picked up his award. journalism. The Muslim Public Affairs Council- Ralls came to be nominated for this national tution may enroll in such courses and remain Fresno presented the award to Taylor on Sat- award by one of his opponents. His Ledford eligible to participate in the title IV student aid urday, April 28, 2001 at their annual awards team scrimmaged Apex High School, and it programs. In addition, the Higher Education dinner. was the Apex coach, Scott Campbell, who Act limits the amount of aid a student enrolled John G. Taylor is a first-generation Amer- nominated Ralls for the honor that he re- in distance education courses delivered via ican. He was born in Brooklyn, New York in ceived. telecommunications may receive if the institu- 1950. He worked as a reporter for a weekly During his 15 years as coach Ralls has tion offers half or more of its courses by cor- newspaper and as a correspondent for the greatly impacted the basketball program, but respondence or telecommunications. These New York Times while he earned a degree in more importantly, many young lives. In the last provisions hinder innovation and do nothing to journalism at New York University. After col- seven seasons, the Ledford Varsity girls’ bas- promote the concept of anytime, anywhere, lege, he worked as a desk editor at news- ketball team has won three state champion- any pace learning. However, with modest papers in Hartford and New London, Con- ships, as well as appearing in the state finals changes to the law, we can lift these rules and necticut. John always made time to do free- four times. allow greater innovation and flexibility that will lance writing on the side. On behalf of the citizens of the Sixth District undoubtedly expand educational opportunities In 1981, John and his family relocated to of North Carolina, we congratulate Ledford for all learners, without increasing risks to pro- Fresno, where he found a job with the Fresno coach John Ralls for his many accomplish- gram integrity. Under the bill I am introducing, Bee. In 1989, John landed a job as a religious ments both on and off the basketball court. postsecondary institutions that are already reporter. He covered various historic religious f participating in the federal student loan pro- events, including Pope John Paul II’s World grams with student loan default rates under 10 Youth Day gathering in Denver and the ‘‘Stand INTRODUCTION OF INTERNET EQ- UITY AND EDUCATION ACT OF percent over the three most recent years in the Gap’’ million-man Christian march in would face no limit to the number of Washington, D.C. He eagerly pursued stories 2001 about people and matters of faith for the Fres- The second provision addressed in this leg- no Bee until January of 2001. After his tenure HON. JOHNNY ISAKSON islation is the repeal of a regulation known as at the Bee, John accepted a position as a OF GEORGIA the 12-hour rule with respect to non-standard term programs. This rule governs the amount senior communications specialist/senior writer IN THE HOUSE OF REPRESENTATIVES of ‘‘seat-time’’ students must spend in class with Community Medical Centers. Thursday, May 24, 2001 John and his wife Judy have six children per week, and hinders innovation and flexibility and seven grandchildren. Mr. ISAKSON. Mr. Speaker, today I am in- in the offering of academic programs as a re- Mr. Speaker, I rise to recognize John G. troducing the Internet Equity and Education sult of the enormous and expensive adminis- Taylor for his Person of the Year Award pre- Act of 2001. trative burdens it imposes on colleges and uni- sented by the Muslim Public Affairs Council- The Web-Based Education Commission, on versities. In the case of one university offering Fresno. I urge my colleagues to join me in which I served as Vice Chairman, set out to a nontraditional, non-standard term program, wishing John G. Taylor many more years of discovery how the Internet was being used to this rule translates into 370,000 reports each continued success. enhance learning opportunities for all learners year that must be prepared, approved by fac- f regardless of age. We heard testimony from ulty and stored in a way that they are avail- many experts and witnessed many demonstra- able for inspection. These reports fill 20 four- SIXTH DISTRICT COACH ACHIEVES tions of how successfully to use technology in drawer file cabinets every year. Who is going A NATIONAL HONOR education. Last fall, the Web-Based Education to review and read these mind-numbing re- Commission issued its report, ‘‘The Power of ports? My guess is that no one is going to ac- HON. HOWARD COBLE the Internet for Learning.’’ tually review or read these mind-numbing re- OF NORTH CAROLINA Throughout the report, the Commission ports? My guess is that no one is going to ac- IN THE HOUSE OF REPRESENTATIVES makes several recommendations for improving tually review or read these reports, but the and expanding the use of the Internet so that Thursday, May 24, 2001 government continues to require that the re- all learners may have greater access to edu- ports be written and retained. Under these cir- Mr. COBLE. Mr. Speaker, the Sixth District cational opportunities. One specific rec- cumstances, why would any college try to of North Carolina is proud to congratulate ommendation made by the Commission was offer innovative and flexible academic pro- John Ralls, who has been named as the run- to ‘‘[r]evise outdated regulations that impede grams specifically designed to expand edu- nerup for the National High School Coach of innovation and replace them with approaches cational opportunities? This regulation clearly the Year Award. Ralls, coach of the Ledford that embrace anytime, anywhere, any pace fits the Commission’s call for revising outdated High School girls’ basketball team, received learning.’’ The bill I am introducing today ad- regulations that impede innovation. It need to this honor from the Women’s Basketball dresses this recommendation as it applies to be repealed. The bill I am introducing today Coaches Association on April 7th. In addition postsecondary education. to this achievement, Ralls earlier was named The Commission identified specific areas repeals this outdated regulation and simply the Southeast Region Coach of the Year and that should be addressed immediately if we treats non-standard term programs the same the North Carolina Coach of the Year. truly are to embrace anytime, anywhere and as standard term programs with respect to the Mixed in with the good news of these ac- any pace learning. The bill I am introducing definition of a week of instruction. complishments was a painful back injury that today provides a limited expansion of internet- The final provision addressed by the legisla- required surgery. ‘‘I was kind of out of it,’’ based educational opportunities for students. tion would clarify the incentive compensation

∑ 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. E922 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 requirements currently found in the law. This back the size of the tax cut, Mr. Speaker it is Asian businesses that helped restart stalled provision would return to postsecondary insti- still too large. We cannot afford this tax cut!! U.S. export trade with the region. Ex-Im Bank tutions the ability to reward employees appro- If we are to meet our obligations to the na- emerged from the crisis having stood by U.S. priately for their job performance, as long as tion’s youth, elderly and impoverished, we exporters and prudently managed its assets. they are not directly recruiting students. must act responsibly. As Ex-Im Bank moves into the 21st Century, This legislation provides much needed However you slice it, Mr. Speaker, this is it faces new challenges from both competitor changes to the Higher Education Act that will tax cut for the rich. This is a bank account export credit agencies and from new emerging allow all learners to take the fullest advantage builder for those in our country who least need markets. Chairman Harmon has put the Bank of what the newest technologies can provide the boost. on firm footing to face these challenges and for their education. I thank the Chairman of We are basing this tax cut on projected rev- continue its important mission. the subcommittee, Mr. MCKEON, and Ranking enues which, even by the most liberal of esti- Once again, I’d like to thank Chairman Har- Minority Member of the subcommittee, Ms. mates, may not materialize. mon for his four years of service to Ex-Im MINK, for their help in crafting this legislation, Mr. Speaker, the most irresponsible part of Bank and wish him well in his future pursuits. and I urge the support of all the members of this tax cut is that it relies on, and threatens f the Medicare and Social Security Trust Funds. this body. STATEMENT OF INTRODUCTION It is an irresponsible tax cut because it totally f FOR BAH REDUCTION LEGISLA- ignores hundreds of billions of dollars in inter- TION MEMORIAL DAY ests costs. It seeks to line the pockets of the rich while fleecing the poor on energy, edu- HON. JIM RYUN cation and housing. HON. WALTER B. JONES OF KANSAS Mr. Speaker, I urge my colleagues to con- OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES tinue to expose this tax cut for what it really IN THE HOUSE OF REPRESENTATIVES Thursday, May 24, 2001 is, an irresponsible, poorly calculated and Thursday, May 24, 2001 skewed to the wealthy budget buster. Mr. JONES of North Carolina. Mr. Speaker, Mr. RYUN of Kansas. Mr. Speaker, as we f I rise today to introduce legislation aimed at approach Memorial Day, I would like to take a improving the quality of life for our military per- moment to reflect on the sacrifices that our TRIBUTE TO JAMES A. HARMON sonnel. veterans have made to keep us free. Last Year, Congress began funding an im- This Freedom does not come without a HON. SONNY CALLAHAN portant Department of Defense initiative to re- price. It has been earned through the blood OF ALABAMA duce the out-of-pocket housing costs for serv- sweat, toil and tears of our military servicemen IN THE HOUSE OF REPRESENTATIVES ice members residing in off-base housing. throughout history. Many of these men and That program envisioned decreasing the out- women have paid the ultimate sacrifice on bat- Thursday, May 24, 2001 of-pocket costs from almost 18.9 percent of tlefields around the globe. Mr. CALLAHAN. Mr. Speaker, I would like to housing costs incurred by our servicemen and Now we must fulfill our promises to them. take a moment to recognize the departure of women in 2000 down to zero in 2005. The av- We must fulfill a promise of honor, respect James A. Harmon as Chairman of the Export- erage E–6 will receive about $175 more a and dignity today as we observe the sacrifices Import Bank of the United States and thank month in BAH by 2005, while the average E– to services members. him for a job well-done. 4 will receive about $111 more, allowing them I urge every American to pause and recog- I had the pleasure of working closely with nize that all of our liberties have been earned to seek better housing options. Chairman Harmon on a number of Ex-Im Bank This is a great initiative that will have real by thanking a veteran for their sacrifice. issues during my time as Chairman of the Ap- benefits for almost 750,000 military personnel. Countless soldiers have died for our peace propriations Committee’s Subcommittee on However, I believe that we can and should do and stability. They knew the threat to their Foreign Operations. I know firsthand what a more. lives when they answered the call to stand up strong advocate he has been for the agency Deputy Under Secretary of Defense for In- and fight for liberty. and its important mission of supporting U.S. stallations Randall Yim recently testified before We owe a huge debt of gratitude to this jobs through exports. From making Ex-Im the House Military Construction Appropriations dedicated group of heroic Americans. Let’s Bank financing available in new foreign mar- Subcommittee that up to 60 percent of all DoD honor them by giving them our thanks and kets, to making the Bank more customer housing is substandard. Two-thirds of this in- praise this weekend. friendly, Chairman Harmon has done much to ventory is over 30 years old and requires a f make Ex-Im Bank a more effective tool to sup- substantial annual investment to meet the PERSONAL EXPLANATION port U.S. exports and U.S. jobs. maintenance requirements. In the barracks, Chairman Harmon brought to Ex-Im Bank over 50 percent of the inventory is over 30 HON. GEORGE RADANOVICH nearly 40 years of private sector experience in years old. While we are taking many steps to investment banking. This gave him an acute eliminate this substandard housing through in- OF CALIFORNIA appreciation of global capital markets and the creased funding and several privatization ini- IN THE HOUSE OF REPRESENTATIVES challenges U.S. exporters face in obtaining fi- tiatives, it will still be 2010 before most serv- Thursday, May 24, 2001 nancing to transact business in emerging mar- ices have eliminated their poor quality hous- Mr. RADANOVICH. Mr. Speaker, my ‘‘yea’’ ket economies. He put this experience to work ing—2014 for at least one service. vote (Rollcall No. 144) on May 23, 2001 was at Ex-Im Bank, developing innovative financing Our men and women in uniform risk their recorded in error. I intended to vote ‘‘no’’ and structures, implementing marketing programs lives to protect the freedoms that we enjoy would like the RECORD to reflect my position to better reach out to small businesses and today. We owe it to those servicemen and on the Motion to Recommit. other exporters that cannot access private women, and their families, to do everything we sources of financing, and streamlining trans- f can to improve their living conditions. action processing. It is for that reason, that I am introducing TAX RECONCILIATION At the same time, Chairman Harmon has this legislation today. The legislation is very CONFERENCE been a responsible steward of taxpayer dol- simple. Rather than waiting five years to buy lars. He has managed the Bank’s portfolio and down the out-of-pocket housing costs of our HON. GREGORY W. MEEKS resources in a responsible manner, including military personnel, this legislation would re- OF NEW YORK through some difficult times in the global econ- duce out-of-pockets to 7.5 percent by the end IN THE HOUSE OF REPRESENTATIVES omy. When the Asian economies went into a of 2002, and zero by the end of 2003. By tailspin early in Chairman Harmon’s tenure, more rapidly reducing the costs associated Thursday, May 24, 2001 Ex-Im Bank was put to the test. He ably with living off-base, more of our military per- Mr. MEEKS of New York. Mr. Speaker, I steered the Bank through this crisis, keeping sonnel will be able to move into quality hous- rise today to express my deep and alarming losses on its Asian portfolio to a minimum by ing for them and their families. concerns about the pending Tax Reconcili- restructuring problem credits and aggressively I urge my colleague to join me in supporting ation Conference Report. pursuing claim recoveries. The Bank was also this important legislation to improve the stand- While the Senate, that now distinguished able to play a constructive role during this cri- ard of living for those bravely serving in our body across the divide, has managed to scale sis by extending new financing to creditworthy Armed Forces. CONGRESSIONAL RECORD — Extensions of Remarks E923 INTRODUCTION OF INTERNET EQ- prohibition is not intended to apply to contrac- the burgeoning veterans claims adjudication UITY AND EDUCATION ACT OF tual arrangements with third parties, such as crisis. For its part, OMB established a signifi- 2001 web services providers marketing companies, cant roadblock by refusing to submit to Con- or other service providers that have no control gress a supplemental funding request for less HON. HOWARD P. ‘‘BUCK’’ McKEON or authority over admissions or enrollments at than $30 million needed to pay for the critically the contracting institution. needed additional VA staff Secretary Principi OF CALIFORNIA Finally, this provision is being deleted from is hiring. IN THE HOUSE OF REPRESENTATIVES Section 487 and placed in a new Section Early this year, VA requested a supple- Thursday, May 24, 2001 484C. It was never the intent of Congress that mental appropriation of $29.1 million for this this provision should be deemed an element Mr. MCKEON. Mr. Speaker, today I join fiscal year to pay for the additional staff need- or condition of institutional, programmatic, or Representative ISAKSON in introducing the ed to address the backlog of compensation, Internet Equity and Education Act of 2001. student eligibility. In changing the placement pension and education claims. Despite the evi- of the provision, it will give the Secretary the The proposed amendments to the Higher dent need for this discretion to levy appropriate sanctions, in the Education Act are modest, but will provide an event an institution is found to have violated Those who have taken the time to talk with immediate benefit to students and improve the the statutory ban. and listen to veterans understand that the time ability of postsecondary institutions to offer in- veterans are forced to wait for medical care is struction over the Internet. I believe this clarification of the incentive compensation provision, along with the provi- long and excessive, especially for certain spe- I will focus my comments on the issue of in- sions addressing the 12-hour rule and cor- cialized care form many VA medical facilities. centive compensation. There has been wide- respondence education limitations, will provide The Committee on Veterans’ Affairs submitted spread acknowledgment within the higher edu- postsecondary institutions with much needed a bipartisan request to the Budget Committee cation community and at the Department of relief from ‘‘outdated regulations that impede pointing to a more than $1 billion shortfall in Education that this provision and the imple- innovation,’’ and will allow the institutions to the Administration’s 2002 budget. menting regulation that mimics the statute are provide students with approaches to education Since the Bush Administration took office, unclear and the cause of much confusion with ‘‘that embrace anytime, anywhere, any pace the backlog of veterans’ claims has increased respect to allowable activities. The language learning.’’ It will do so within the context of by more than 100,000. The number of claims included in this legislation attempts to clarify maintaining the integrity of our student finan- awaiting a decision for more than six months the intent of Congress, while recognizing that cial aid programs. I urge my colleagues to also continues to grow—from 95,680 on Janu- this particular provision needs to be regulated support this legislation. ary 19, 2001, to 143,777 on May 16, 2001. in a clear and concise manner with input from all interested parties. f A number of factors have caused the in- For example, the reference to ‘‘other incen- creased backlog. The processing of VA claims THE BUSH ADMINISTRATION HAS tive, non-salary payment’’ in this bill clarifies is a complex and labor intensive job. Recent NOT KEPT FAITH WITH OUR NA- legislation requires VA to obtain records in the that the statutory prohibition on certain mone- TION’S VETERANS tary compensations extends only to bonuses, custody of the federal government, including commissions, and similar payments. It does military records and medical evidence, before not prohibit setting or prospectively adjusting HON. LANE EVANS deciding a claim for service-connected com- salary from time to time, based on perform- OF ILLINOIS pensation. This assistance to veterans sup- ported by President Bush is intended to as- ance of legitimate job functions. IN THE HOUSE OF REPRESENTATIVES The reference to payments ‘‘based directly sure that veterans’ claims would be treated Thursday, May 24, 2001 on success’’ in securing enrollments clarifies with fundamental fairness and result in an ac- that institutions may compensate admissions Mr. EVANS. Mr. Speaker, on Monday we curate and fair decision. I am under no illusion personnel based on their performance of legiti- will commemorate Memorial Day. We will that by bringing in additional staff, the backlog mate recruiting activities and are commonly pause to humbly and gratefully remember the will disappear overnight. Similarly, I under- undertaken by recruiters on behalf of institu- service and sacrifice of the men and women stand the backlog of claims will not be re- tions of higher education prior to enrollment who have served in uniform and have de- duced while quality decision-making is main- and the start of classes. Such activities and fended and preserved our shared ideals. tained and improved unless and until addi- practices include, but are not limited to, re- Shamefully, on Memorial Day 2001, hun- tional resources are made available—re- cruiting visits to high schools; telephone calls dreds of thousands of disabled veterans and sources needed to hire additional personnel and similar communications (including written their families continue to wait for action on and train them appropriately. letters and e-mail) aimed at recruiting prospec- claims for veterans benefits now pending be- Critically needed additional funding must be tive students; personal interviews of prospec- fore the Department of Veterans Affairs (VA). requested by the Administration. Alternatively, tive students; tours for prospective students; To his credit, the Secretary of Veterans Af- the backlog will continue to increase and the providing various academic and general, fairs, Anthony Principi, has been candid with time taken to resolve it will likewise continue school-related information to prospective stu- veterans and their advocates about the crisis to increase. Surely this will not honor our vet- dents; and obtaining certain information from that exists today in veterans’ claims adjudica- erans. prospective students, including but not limited tion. Repeatedly, Secretary Principi has stated The question today is how soon will VA ex- to applications, transcripts, high school diplo- that addressing the backlog of 513,309 claims haust funds to pay for the costs of needed ad- mas, and other documentation needed to currently pending before regional offices of the ditional staff? What other programs are being complete an application to enroll at an institu- Department of Veterans Affairs (VA) is his cut to cover the costs of the additional em- tion of higher education. number one priority. In acknowledging the ployees desperately needed to adjudicate In addition, the change in language is in- claims adjudication crisis, Secretary Principi claims? How many tended to clarify that employee and owner par- recently stated in an interview with the Vet- ticipation in the profits of an institution is per- erans of Foreign Wars, ‘‘In the short-term, we Mr. Reyes and I have today introduced H.R. mitted. will train more specialists. The staff will be in- 1980. This bill would authorize an emergency The reference to persons or entities ‘‘directly creased to assist in clearing the backlog.’’ supplemental appropriation to provide the engaged’’ in recruiting or awarding financial Secretary Principi is to be commended for funding needed to address the crisis in VA aid clarifies that the statutory prohibition ap- recognizing the size and scope of the prob- claims adjudication that exists today. I call on plies only to those whose primary function is lem. He has taken action to authorize the hir- President Bush to support this legislation or to recruit students or award financial aid. It is ing of additional staff needed to begin ad- submit a similar request to the Congress now. not intended to apply to supervisors or higher- dressing the claims crisis. He has made This Memorial Day, our Nation’s veterans level executives who, although they may su- known the need for additional resources to re- will be the subject of many finely crafted pervise such persons or be above them in the solve this crisis successfully. speeches delivered to honor them. Words, institution’s organizational chart, do not recruit However, President Bush and his Office of however, are not enough. Our deeds are a prospective students or award financial aid. In Management and Budget (OMB) have failed to better measure of how well we truly honor our addition, this change clarifies that the statutory promptly take actions needed to ameliorate veterans. The need for additional resources is E924 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 real. Claims adjudication is, and will remain for purchased a home in McCall. Dave quickly ad- And you might wish to turn away, before the some time, a labor-intensive work. Let our vanced as President of the Idaho Aviation bugle sounds. deeds match our words of commemoration Assocaiton and the Idaho Aviation Foundation, For righteousness is hard to find within a battleground. and remembrance. Let us provide the critically and worked tirelessly to promote and protect needed funding to pay for the resources need- the aviation community. He was particularly in- Battle is begun! May God be on our side. terested in working to reopen Cascade Res- We pray a kingdom come, where peace may ed to address the backlog and let us do this yet abide. now. ervoir Air Strip, one of the most beautiful fields During the campaign for President, then in Idaho. For fame or notoriety, what is the value there? candidate Bush said, ‘‘health care for veterans Sadly, Dave will never get the chance to fly into Cascade Reservoir airstrip again. He was For land or grudge, we cannot see. What pur- is a complicated, bureaucratic process involv- pose? I declare! ing too many delays and uncertainties in cov- diagnosed with cancer in March and passed For names, twice whispered on men’s lips or erage. Disability compensation claims can be away on April 23rd. He is survived by his wife tails of great renown, an even longer ordeal, taking an average of Paige, his children Michael and Mathieson, We will march to battle, for honor is our 165 days to complete. So chaotic is the proc- and a grateful nation. Heroes are buried in Ar- crown! ess there is now a backlog of nearly one-half lington Cemetery, but heroes like Dave Walker Battle is begun! The day is warm, the wind million claims. This is no way to treat any cit- will live on in the lives of the people he fought blows sweet. izen, much less a veteran of our Armed to protect in Vietnam, the knowledge he con- It stirs the banners with each breath, Forces. The veterans health-care system and tributed to space technology and aviation, and While valiant souls together meet to share ignoble death. the claims process will be modernized, so that the friendships he made in Idaho. claims are handled in a fair and friendly way.’’ f Battle is begun no matter where or when, We will fight and die. That’s how it’s always Mr. President, I agree and now is the time for RECOGNITION OF GLENN ROYAL been. you to act. BATTY I am one of a chosen few You’re not to Candidate Bush also said, ‘‘I have great blame, It’s what I do. faith in those who serve our nation—in the HON. GEORGE R. NETHERCUTT, JR. And if God’s mercy will decree, with hard- temper of their will and the quality of their spir- OF WASHINGTON ened heart and strength of will, it. Our men and women in uniform love their IN THE HOUSE OF REPRESENTATIVES Throughout the flow of history, I will be country more than their comfort. They have fighting still. Thursday, May 24, 2001 never failed us, and we must not fail them.’’ f Mr. President, we must not fail those who Mr. NETHERCUTT. Mr. Speaker, this com- have served and sacrificed. Take action now ing weekend, the United States will observe THE CONSERVATION SECURITY to request the additional funding so des- Memorial Day and honor the service of Amer- ACT perately needed for our Nation to keep faith ica’s soldiers, sailors, airmen and marines. As with our veterans. It is time for your words and we take time this weekend to reflect on the HON. JOHN R. THUNE deeds to be one. sacrifices of members of our Armed Forces, I OF SOUTH DAKOTA commend to the attention of my colleagues a f IN THE HOUSE OF REPRESENTATIVES poem written by a constituent, which I am en- TRIBUTE TO CAPTAIN DAVE tering into the CONGRESSIONAL RECORD. Glenn Thursday, May 24, 2001 WALKER Royal Batty, of Spokane, Washington, has au- Mr. THUNE. Mr. Speaker, I would like to thored a moving poem entitled ‘‘The Soldier,’’ thank all Members who joined as original co- HON. C.L. ‘‘BUTCH’’ OTTER which serves as a reminder of both the hard- sponsors of H.R. 1949. A special thank you OF IDAHO ships of military life and the dedication of the goes to Ms. KAPTUR of Ohio, the lead cospon- American soldier. As Mr. Batty noted in a per- IN THE HOUSE OF REPRESENTATIVES sor and Ranking Member of the Agriculture sonal letter introducing his poem, ‘‘There can Subcommittee of the House Committee on Ap- Thursday, May 24, 2001 be no greater sacrifice than to give one’s life propriations. In this spirit of bipartisanship, we Mr. OTTER. Mr. Speaker, I rise today to pay for another but no greater shame than to can move forward to address the conservation tribute to a great American, Dave Walker, who spend life for less.’’ I urge my colleagues to needs of the farmers in rural America. today will be laid to rest in Arlington Cemetery. take a moment from their busy lives and re- The Conservation Security Act (CSA) would Captain Dave Walker served his country on flect upon the message in this poem. create a win-win situation for farmers and the the sea, in the sky, and among the stars. THE SOLDIER environment. The bill would allow farmers, Captain Walker graduated from the United (By Glenn Royal Batty) ranchers and other agricultural producers to States Naval academy in 1966, completed his I am one of a chosen few, a warrior of might. participate in a voluntary, incentive-based con- flight training, and became an F–4 Phantom And I will stand or I may fall, but I will join servation program. Under this legislation, the Pilot. He led many combat missions over Viet- the fight. farmer or rancher would not have to set aside nam. After returning from Vietnam, Dave be- I am he who fights for you, throughout his- land. It would give them resources to carry out came a test pilot and helped the Navy transi- tory. conservation practices on working lands as tion from the F–4 to the F–14 Tomcat that is While vain men speak of glory, to hide they work to make a living off the land. still flown today. During his naval career, he hypocristy. CSA would allow landowners and operators was awarded the Distinguished Flying Cross, The captain calls for volunteers, to mount a to enter into contracts and receive payments six Air Medals, and the Vietnamese Cross of bold defense, based on the type of conservation practices While shades are drawn and shutters closed Gallantry, among others. with indifference. they are willing to plan, implement and main- In 1978 Dave was selected by NASA for as- And as the ranks are gathered, above the tain. Conservation practices may include soil tronaut training and graduated in 1979. He rolling plain. and residue management, contour farming, served in many important support roles, in- The soldier takes his courage into battle and cover cropping as well as comprehensive cluding chase plane pilot for STS–1, and mis- once again. farm plans that take into account all the re- sion support leader for STS–5 and 6. Dave Battle is begun, and with it fear’s perfume. source concerns of the agricultural operation. first went into space aboard the Space Shuttle When this day is done, we’ll see a bloody CSA would establish three tiers of progres- discovery during Mission STS 51–A in 1984— moon! sive conservation practices, plans and pay- the first salvage operation completed in space. As you sing of glory and righteousness of ment levels while allowing for continued par- Dave Walker returned to space in 1989 as cause, ticipation in other agriculture conservation pro- commander of STS–30 aboard the Space We march courage six abreast, into the dev- grams. Under the legislation, a participant may Shuttle Atlantis. Dave and his crew again con- il’s jaws. also receive payments based on established There to face our destiny with honor or in tributed to scientific knowledge by launching shame. practices and for adopting innovative practices the Magellan space probe to Venus. He also But to face it not, is not a thing we know, or and systems, pilot testing, new technologies, commanded the Space Shuttles Discovery can explain. and new conservation techniques. The pro- and Endeavour on important missions in re- You won’t feel my deadly steel or taste this gram is voluntary. cent years. fearsome blade, I believe CSA is a balanced, responsible ap- After leaving NASA in 1996 Dave Walker But it will haunt your dreams at night, until proach to encouraging conservation on our entered the private sector, and he and his wife its price is paid. agricultural lands. As Congress moves forward CONGRESSIONAL RECORD — Extensions of Remarks E925 on reshaping federal farm policy, conservation, is neat and simple, it is probably wrong and Families constantly on the move: We and CSA specifically, will be an important part misleading. measure mobility on the number of students of the discussion. I hope my colleagues will I am not a great pep-talk speaker. I think who leave or enter school after the first it is more important that we all face up to school month: nearly 10,000 students a year. consider cosponsoring this bill. some of the grim realities that confront us. Only 30 percent of the students who start f I get a lot of unsolicited advice in my job. kindergarten with us are still enrolled—by Much of it from my friends in business, or as the eighth grade. TRIBUTE TO COMMANDER JAMES they prefer to call it, the ‘‘real world.’’ Our And I have mentioned the high and in- F. STADER conversations invariably end with my re- creasing number of children who do not minding them that they have three distinct speak or read English as their primary lan- HON. DAVID L. HOBSON and important advantages over schools: guage. Just to translate that into something You get to screen your applicants. You can more manageable, the raw material result- OF OHIO take them or reject them based on the quali- ing from these trends and the social disinte- IN THE HOUSE OF REPRESENTATIVES fications or lack of qualification they bring gration of the family, has turned a typical Thursday, May 24, 2001 to the opening. We can’t do that. We are re- class of 10th graders into a statistical night- quired to take everybody irrespective of mare in the Golden State: Mr. HOBSON. Mr. Speaker, I rise today to their qualifications. Eight students will be on public assistance; recognize an outstanding Naval Officer, Com- You can pay them to get them to do what Three students will have sexually trans- mander James Stader, who has served with you want. We can’t do that. mitted diseases; distinction and dedication for almost two years And, of course, if they don’t please you, Four will speak no English—none; for the Secretary of the Navy, as the Congres- you can fire them. We can’t do that, either. Three will be teen parents; And thank goodness we can’t. Because Three will grow up in public housing; sional Liaison Officer for Civil Engineering, Ap- those are hardly solutions to the kind of Two will be victims of child abuse; propriations Matters Office under the Assistant issues we face. Which is why I have chosen to Three will be regular drug users; Secretary of the Navy (Financial Management be very direct and begin by telling you that Three of them will have been born out of and Comptroller). It is a privilege for me to you probably can’t help us very much with wedlock; recognize his many outstanding achievements the things schools need most. We need—we And half of them will have experienced at and commend him for the superb service he desperately need: More stable families; fewer least one divorce in their family. has provided to the Department of the Navy, abused children; less dope, alcohol and vio- Now, if you look at that list, it must occur to even the greatest critic of public schools the Congress, and our great Nation as a lence in the lives of our students; fewer gangs in the schools and more parents; we that educators didn’t do it—we didn’t intro- whole. need kids who are fed before they come to duce them to drugs, or break up their fami- During his tenure in the Appropriations Mat- school; we need more parents with the sense lies, or force them onto public assistance, or ters Office, which began in August of 1999, to discipline their children and guts enough get them pregnant, or any of the other myr- Commander Stader has provided members of to turn off the television; we need young iad problems they pack with them to school. the House Appropriations Committee, Sub- children whose parents have taken the time So, it’s no good to say, ‘‘That’s your prob- committee on Military Construction as well as to read to them; we need fewer fathers—and lem, Mr. Superintendent; I pay my taxes and our professional and personal staffs with time- recently mothers—who think the axis of the that’s enough.’’ Well, today’s social dyna- mite piling up in the nation’s school is to- ly and accurate support regarding Department earth passes through the 50–yard line; adults, suffering from a prolonged adolescence, who morrow’s headache for all of us, including of Navy plans, programs and budget deci- mistakenly believe that Saturday’s hero is the business community. sions. His valuable contributions have enabled more important than Monday through Fri- Among other consequences, the link be- the Subcommittee on Military Construction and day’s good citizen and scholar; and we need tween the social ills that plague many young the Department of the Navy to strengthen their 400–500 fewer pregnant unwed girls every children and early school failure, later high close working relationship and to ensure the year. school dropouts, and ultimately a function- most modern, well trained and well equipped That’s what schools need most. And, of ally illiterate or marginally literate, un- naval forces attainable for the defense of our course, that is what society needs most. In skilled work force is an inexorable progres- effect, my problems are yours; I only have to sion. great nation. deal with them before you. And they cer- And to paraphrase that oil filter commer- Mr. Speaker, James Stader and his wife tainly don’t yield to something as simple, cial, we can deal with it now, or we can deal Clara have made many sacrifices during his and unthinking as just don’t accept them, or with it later. But we have a problem. It was career in the Navy. His distinguished service ‘‘can’’ them if they don’t shape up. And I do captured very nicely about a year ago in a has exemplified honor, courage and commit- think that an understanding of that—an un- cover article in Time magazine with the ment. As they depart the Appropriations Mat- derstanding that not all failure is institu- rather sharp title, ‘‘A Nation of Finger ters Office to embark on yet another great tional failure—is a necessary precondition Pointers.’’ The major premise of the article was that Navy adventure in the service of a grateful na- for a genuine partnership between schools and business. we are becoming a nation of passive cry- tion, I call upon my colleagues to wish them Modesto City Schools, with nearly 35,000 babies. People who absolve themselves of any both every success and the traditional Navy students, is among the 25 largest school dis- individual responsibility, sit on their duffs, send-off ‘‘fair winds and following seas.’’ tricts in California. And one of every eight and assume the status of victims as a result f children in America lives in Cali- of someone else’s incompetence or even ma- fornia. . . Our school enrollment is greater levolence. HELP SCHOOLS HELP PUPILS than that of the 24 smallest states combined. I get it from both ends. Some teachers and And the public needs to understand some- administrators want to blame it on the ab- thing about that school population. And if sentee parents who are sending us all these HON. GARY A. CONDIT you understand California, you will under- undisciplined kids who do not value edu- OF CALIFORNIA stand Modesto City Schools. cation and are loaded down with problems IN THE HOUSE OF REPRESENTATIVES There is no place on the face of the earth created by those parents. It’s the ill-prepared Thursday, May 24, 2001 with a more diverse population. Two-thirds raw material argument: ‘‘How can we teach of the state’s newcomers are foreign-born. In kids like that?’’ Mr. CONDIT. Mr. Speaker, we hear a lot fact, 15 percent of California’s population On the other end of the process, I get it about the crises in education and the failure of was born in another country; and in the pub- from the business community who says our public schools. Recently, Mr. James lic schools, more than 30 percent of the chil- much the same thing, but substitutes ‘‘edu- Enochs, the Superintendent of Modesto’s dren are of parents born in a foreign country; cators’’ for ‘‘parents.’’ Educators are sending schools, addressed this issue at a district and for one-third of the children in Cali- us all these undisciplined kids who do not fornia, English is a foreign language. value work and are loaded down with prob- meeting. I think we can all benefit from the In Modesto City Schools, we have nearly lems created by the schools. It’s the same ill- comments and opinions of those who are in- 7,000 students who speak more than 40 dif- prepared raw material argument: ‘‘How can volved in the front lines of education. I submit ferent languages. That’s an increase of 157 we hire kids like that?’’ Superintendent Enochs’ comments for inser- percent in the past 10 years. While it is hard So, what we have here is a problem in tion into the CONGRESSIONAL RECORD. for some people to accept, Modesto and, as a which everyone is either a victim or a scape- result, Modesto City Schools has taken on goat. If we have a problem, don’t join hands HELP SCHOOLS HELP PUPILS the characteristics of most urban areas in anymore, point fingers. What we don’t have (By James C. Enochs) California: A very low educational level of is that old-fashioned American interdepend- I have been asked to comment briefly on parents. Nearly 30 percent of the parents of ency, shared responsibility, mutual under- what the schools need. It seemed like an MCS children did not graduate from high standing, the common ground where people agreeable enough topic. But, as with much of school; a high percentage of welfare recipi- meet and solve problems. And that is what the discussion about education, if the answer ent families: nearly 9,000 of our students. this is about today. E926 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 We need community people—business peo- Holli calls her employment ‘‘poetic justice’’ bald eagle. Once on the brink of extinction ple—to support us in our efforts to elevate since she has gone from the government tak- due to the use of the pesticide DDT, which academic excellence and good character—to ing care of her to being a government em- was banned in the 1970s, the bald eagle is a convey to the young that we value the quali- ties we pay lip-service to. We need ployee helping others in tough situations. Holli national conservation success story. The businesspeople who can stimulate interest in is proof that hard work and dedication is all Zoo’s pair of eagles was brought to the Zoo career development and training. Students you need to make your dreams come true. by wildlife rehabilitators when it have heard it all before from teachers and I congratulate Holli and her daughter, Today, America’s First Zoo is building a new counselors. They need to see it and hear it Samantha, now 15, on their achievements and Avian Conservation Center that will feature from the people who will be doing the hiring Holli’s graduation. state-of-the-art exhibitions and research facili- and firing. ties illustrating the diversity of the world’s bird And finally, we just need more adults who I am honored to have her as a member of will spend time with these kids; kids who my staff and as my friend. populations and their varied habitats. A central focus will be the challenges of conservation haven’t had many caring adults in their f lives. Someone to read to them, to listen to and preservation of rare species like Microne- them read, to treat them like they are some- INTERNATIONAL MIGRATORY BIRD sian kingfishers, which are extinct in the wild. body. DAY A key aim of the Center is to increase visitor I can’t tell you how many people tell me, awareness of avian conservation and issue a ‘‘I feel so sorry for those kids.’’ Well, frank- ‘‘conservation call to action.’’ ly, that’s not good enough. HON. ROBERT A. BORSKI We can also encourage innovative public- There is a revealing exchange between the OF PENNSYLVANIA great Englishman Samuel Johnson and his private partnerships such as the bird con- friend and biographer James Boswell in the IN THE HOUSE OF REPRESENTATIVES servation initiative that was announced at the greatest biography ever written. Boswell Thursday, May 24, 2001 Zoo, when City and U.S. Fish and Wildlife offi- confesses, ‘‘I have often blamed myself for cials met to formally recognize Philadelphia as Mr. BORSKI. Mr. Speaker, I rise today in not feeling for others as sensibly as many the third Migratory Bird Treaty City in the na- recognition of International Migratory Bird Day say they do.’’ Johnson replies, ‘‘Don’t be tion. duped by them anymore. You will find these (IMBD), which was officially celebrated on Sat- very feeling people are not ready to do any urday, May 12, with hundreds of events I applaud the City of Philadelphia, the U.S. good. They pay only by feeling.’’ across the country including one at Philadel- Fish and Wildlife Service, and Philadelphia He’s right. When the young have grown to phia Zoo. Zoo for their efforts to promote the conserva- adulthood, they will not think kindly of tion, habitat restoration, protection and hazard International Migratory Bird Day celebrates those adults who have given them sympathy reduction of migratory birds, and all those or- the annual return of millions of birds from win- without help. ganizations and individuals celebrating Inter- tering habitats in Latin America and empha- national Migratory Bird Day. f sizes that the continued enjoyment of these TRIBUTE TO HOLLI DUNAYER birds depends upon our actions as con- sumers, homeowners, and citizens. At least f 200 species of birds migrate to, from and INTRODUCTION OF THE COBRA HON. CAROLYN McCARTHY through Philadelphia each year. OF NEW YORK COVERAGE EXTENSION AND AF- In addition to the sheer enjoyment of watch- FORDABILITY ACT OF 2001 IN THE HOUSE OF REPRESENTATIVES ing them, migratory birds are important biologi- Thursday, May 24, 2001 cal indicators of ecosystem health as well as HON. FORTNEY PETE STARK Mrs. MCCARTHY of New York. Mr. Speak- sentinels for potential human health risks. er, I proudly recognize the academic and per- Their populations are declining dramatically OF CALIFORNIA sonal achievements of Holli Dunayer of East due to the destruction and degradation of their IN THE HOUSE OF REPRESENTATIVES Meadow, New York. habitat throughout the Americas. Making small Thursday, May 24, 2001 Holli is a spirited and dedicated woman who changes to some of our daily habits can con- Mr. STARK. Mr. Speaker, I rise to join with has triumphed through life’s continual ups and tribute to the conservation of migratory birds my dear friend Representative JOE MOAKLEY downs. and their habitats, as well as the planet’s over- (D–MA) to introduce the COBRA Coverage Although Holli gave her all to the North all health. Extension and Affordability Act of 2001. Bellmore Hair Salon family business, she al- One small change is drinking shade-grown ways wanted to contribute to the community. coffee, which helps protect habitat for migra- COBRA is the law that allows employees While managing the salon, Holli helped the tory birds. According to experts at the U.S. who face a change in their work status—and neighborhood’s homeless, organizing a benefit Fish and Wildlife Service, the way coffee is would otherwise lose their health insurance— for the poor from her store. grown can have a direct effect on many of the to be able to continue that same coverage But times were difficult for Holli. In the early birds we see in our neighborhoods each through their previous employer for a period of 1990s, she lost her home, was divorced, and spring. Coffee farms or plantations that leave generally 18 months and sometimes as much went on public assistance so she could care a canopy of shading trees (‘‘shade-grown cof- as 36 months depending upon their particular for her daughter, Samantha, then seven. fee’’) benefit migratory birds by providing habi- situation. During this continuation period, em- But Holli bounced back. tat for their wintering grounds in Mexico, Cen- ployees must pay 102% of the cost of their In 1996, she enrolled in Nassau Community tral and South America, and the Caribbean. current health insurance plan. That means College, where she received an Associate’s The Wilson’s warbler, scarlet tanager, northern they pay their previous employer share, their Degree in sociology. Holli was awarded a par- oriole, indigo bunting, and wood thrush are own share, and an extra 2% to make up for tial scholarship to Adelphi University, where among the dozens of migratory birds that any administrative costs faced by their pre- she received a Bachelor’s Degree in social spend part of their lives in the U.S. and that vious employer for maintaining their coverage. work last year. On Sunday, May 20th, 2001, winter in the coffee-growing regions of Latin COBRA was created in order to provide a Holli received a Master’s Degree in social America. bridge for workers to be able to maintain work from Adelphi University. Encouraging our local coffee shop or gro- health benefits for themselves and their fami- While Holli pursued her Master’s Degree, cery store to carry shade-grown coffee is one lies. It has been in place since 1986 and is she interned in my Hempstead District office. way that each of us can make a difference. overdue for remodeling. I was impressed by her commitment, and I Another way is becoming more informed about The bill we are offering today makes three hired her as a full-time legislative aide to han- migratory birds and the threats to their habi- key improvements to existing COBRA law: dle education, IRS, grants and passports. I’m tats through involvement in bird watching and (1) It extends the length of time that COBRA excited to have a second social worker on my other programs such as those at Philadelphia continuation benefits are available for all work- staff. Zoo. The Zoo’s involvement in avian con- ers and their families from an average of 18 Holli is a recipient of a $5,000 Maurice servation dates to before the opening of its months to 5 years with workers paying 102% Paprin Memorial Fellowship given to students original Bird House in 1916. More recently, of premiums as required under current law. who demonstrate commitment to social scientists at Philadelphia Zoo have played a (2) It creates a new category of COBRA change through past or present work. major role in the conservation of the American continuation coverage for people age 55 and CONGRESSIONAL RECORD — Extensions of Remarks E927 over. Anyone age 55 and over is eligible to Many of our colleagues on the other side of Deputy Sheriff Boyarski’s memory will also extend the 5 year limitation on COBRA cov- the aisle are enamored of a tax credit ap- be perpetuated at the county courthouse in erage. They are able to keep their COBRA proach to solve the problem of the uninsured. Wilkes-Barre with a plaque and a display of coverage until they become eligible for Medi- Unfortunately, those members refuse to create photographs and news clippings. In addition to care. If they choose to extend this coverage a marketplace where health insurance would these memorials and the award, a scholarship beyond the 5 year limitation, they will be re- be made affordable and be fairly offered. The in his name will help students to pay for the sponsible for premium payment of 125% the beauty of attaching a tax credit to COBRA six-month course at Lackawanna Junior Col- cost of the employer plan. continuation benefits is that you have guaran- lege’s branch campus in Hazleton that certifies (3) It makes all COBRA recipients eligible teed buy-in to a group health plan with com- them to become deputies or police officers. for a refundable federal tax credit worth 50% prehensive benefits that does not underwrite Every day, our law enforcement officers put of their premium costs. the price of the premium based on an individ- their lives on the line to protect our commu- The attraction of the COBRA program is uals’—or their families’—health status. nities. Too often we take their service for that it enables people to maintain continuity of This bill has something in it for everyone. It granted, and I am pleased that Deputy Sheriff coverage when they are between jobs, or tem- builds on the existing COBRA law. It helps Boyarski’s courage will continue to be remem- porarily in a job that doesn’t offer health bene- people who are between jobs maintain afford- bered and honored in Luzerne County. fits. It also usually allows them to maintain able, comprehensive health insurance for Mr. Speaker, I am pleased to call to the at- much more comprehensive coverage than themselves and their families. And, it includes tention of the House of Representatives these would be available in the individual health in- the favorite solution put forth by the Repub- efforts to honor the memory of the Boyarski surance marketplace at a similar cost. Unfortu- licans to reduce the number of uninsured—a family, and I commend all those who worked nately, 18 months is often not enough time for tax credit approach. to created this lasting memorial. someone to obtain a new job with comprehen- Again, we know this bill is no panacea for f sive health care benefits for themselves and solving all of the health insurance problems CONGRATULATIONS DON AND their family. facing our nation. However, it certainly makes Our legislation would allow people to main- MARY LOU JACOBS dramatic improvements on the status quo. tain the safety net of COBRA for up to five We look forward to working with our col- years—which should provide ample time for a HON. JAMES A. BARCIA leagues on both sides of the aisle to enact the new position with solid benefits to be found. OF MICHIGAN COBRA Coverage Extension and Affordability Because the worker pays 102% of the pre- IN THE HOUSE OF REPRESENTATIVES Act and make important strides to help work- miums, there is no cost to the employee of ers maintain affordable, continuous health in- Thursday, May 24, 2001 maintaining them in their group plan. Our legislation goes even further for people surance coverage for themselves and their Mr. BARCIA. Mr. Speaker, I rise today to age 55 and older because many people in this families. honor Don and Mary Lou Jacobs of Bay City, age category retire before becoming eligible f Michigan, as they prepare to celebrate fifty for Medicare or find themselves ‘‘downsized’’ years of marriage and a life-long commitment MEMORIAL TO BOYARSKI FAMILY to each other and their nine children. The Ja- out of a job. These people are the least likely ESTABLISHED segment of our population to be able to obtain cobs’ dedication and loving relationship serves affordable coverage in the individual health in- as an excellent model for their family, friends surance marketplace. And, with the aging of HON. PAUL E. KANJORSKI and neighbors. the baby boom generation, this is a quickly OF PENNSYLVANIA Don and Mary Lou met at LaLonde’s Ball- growing segment of our population. In 1999, IN THE HOUSE OF REPRESENTATIVES room on Center Avenue in Hampton Town- ship, Michigan. After a year and a half of there were 23.1 million Americans in this age Thursday, May 24, 2001 group. This number is expected to grow to 35 courtship, Don proposed, and Mary Lou ac- Mr. KANJORSKI. Mr. Speaker, I rise today million by 2010 and to 42.5 million by 2020. cepted. They were married on the twenty-sixth to commend the law enforcement officers of For these people, we would enable them to of May, 1951, and their marriage has been extend COBRA coverage until they become Luzerne County and other members of the blessed with nine wonderful children: eligible for Medicare. This provision would pro- community, including the Hazleton Standard- Maureen, Marie, Marlene, Donald, Darrell, vide them with stable health insurance until Speaker, who have worked to establish a me- Michele, Darin, Duane and Marcia. Mary Lou they become covered by Medicare. The bill morial to the late Luzerne County Deputy has devoted her life to raising and nurturing recognizes the fact that this age group is more Sheriff Eugene Boyarski and his family. the children and providing a stable and sup- expensive to insure and compensates busi- Deputy Sheriff Boyarski faced threats for portive family environment. Don had a long ness accordingly by increasing the cost of par- doing his job, and when he refused to give in, and distinguished career in the automobile in- ticipation to the worker form 102% of the pre- he and his family were murdered by a fire- dustry and, in 1988, retired from the UAW mium to 125% of the premium cost if they bomb thrown into their home in the middle of International staff giving him more time to maintain COBRA more than the standard of the night on February 14, 1976. spend with Mary Lou, their children and their five years put forth in the first provision of our The stone memorial will be dedicated next grandchildren. legislation. week outside the Luzerne County Courthouse In today’s society, it is a rare and praise- Finally, we are especially excited about the Annex in Hazleton. It will read: ‘‘Deputy Sheriff worthy occasion for a couple to spend fifty provision that provides a new, refundable tax Eugene Boyarski, his wife Lorraine and his years together. Over the years, Don and Mary credit worth 50% of the premium costs. This family who tragically died in the intentional fire Lou have had many good times and much tax credit is vitally important because health bombing of their home on Feb. 14, 1976, and happiness to celebrate. Like any strong rela- insurance is expensive! We are requiring peo- all the deputy sheriffs from the Greater Hazle- tionship, they also depended upon each other ple to pay 102% of the premium and these are ton area and Luzerne County who serve their and their family to overcome some hardships. often people with no job—or seriously under- community and elected sheriff with pride and Their enduring love helped them make it employed for a temporary period of time. honor.’’ through those times of strife and only served Overall premiums for health insurance have The ceremony will also include the presen- to deepen and enrich the joy of their partner- an average annual cost of $2400 for an indi- tation of the Boyarski Memorial Award, which ship. vidual and more than $6000 for a family. will be given each year to a law enforcement A good marriage is one of life’s greatest The tax credit will defray some of the other- officer. The first recipient of this award will be covenants because it represents a declaration wise potentially unaffordable new cost forced State Trooper Thomas McAndrew of Troop N of love, and, as Paul said in his Letter to the on workers who wish to take advantage of the in Hazleton ‘‘for his dedication, resourceful- Corinthians, ‘‘Though I speak with the tongues COBRA continuation option. They will still be ness and tenacity above and beyond the call of men and angels, but do not have love, I am responsible for much more of the cost than of duty during the recent Algar/Molina homi- nothing.’’ Don and Mary Lou exemplify the under a comprehensive employer-provided cide investigation.’’ promises outlined in the marriage pledge that health plan in which the employer pays 80% Trooper McAndrew certainly deserves this so many others have invoked: through sick- and the employer pays 20%. But, this tax award for his efforts as the lead investigator, ness and health, for richer or for poorer, their credit will enable many more people to take spearheading the intensive probe that led to commitment and their love has remained advantage of the opportunity to remain insured two arrests and convictions. I am honored to strong. until another employer-provided plan becomes have been asked to participate in this solemn Mr. Speaker, I ask my colleagues to join me available to them. ceremony. in congratulating Don and Mary Lou Jacobs E928 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 for the strength of their commitment to their yond U of M. Russ helped to shape the Flor- MEMORIAL DAY IS A DAY TO family and to each other and in wishing them ida Education as its Board Chairman and a Di- REMEMBER THE SACRIFICE many future years of happiness. rector—a fund dedicated to the advancement f of African-American students with special HON. DAN BURTON promise to seek advanced degrees in many TRIBUTE TO CYRUS M. ‘‘RUSS’’ OF INDIANA JOLLIVETTE fields. He has served as a Chairman and IN THE HOUSE OF REPRESENTATIVES Trustee for the Council for the Advancement Thursday, May 24, 2001 and Support of Education (CASE) and as a HON. CARRIE P. MEEK Chairman and Trustee of the Public Health Mr. BURTON of Indiana. Mr. Speaker, Me- OF FLORIDA Trust of Miami-Dade County. He serves as morial Day was established in 1868 to pay IN THE HOUSE OF REPRESENTATIVES Board Member and Secretary-Treasurer of the tribute to individuals who have made the ulti- Thursday, May 24, 2001 Miami Coalition for a Safe and Drug-Free mate sacrifice to the United States and their families. The men and women of the armed Mrs. MEEK of Florida. Mr. Speaker, I rise Community and a member of the Orange Bowl services of today and yesterday took an oath today to pay tribute to a man who has dedi- Committee. He was a Board member of The to uphold and protect the constitution against cated himself to the advancement of higher Dade County Foundation and We Will Rebuild all enemies foreign and domestic. Those who education and public service, Cyrus M. coalition following the devastation of Hurricane served in the Army, Air Force, Navy, Coast Jollivette, who is affectionately known as Andrew. The list goes on and on. ‘‘Russ.’’ Guard, and Marine Corps have been willing to For 24 years, Russ Jollivette has compiled Mr. Speaker, the University of Miami; the lay their lives on the line to keep this greatest a remarkable record of achievement as the Florida Congressional Delegation and the nation on the earth free. We must never forget representative of the University of Miami, not Congress; the world of higher education and the importance of this oath and this sacrifice. only in these halls and in this city, but through- countless young lives have been well-served Last year, when Public Law No. 106–579 out Florida and the nation. He has announced by Russ Jollivette. I know my colleagues join was signed into law, we reaffirmed the impor- his decision to leave the University now in fur- me in thanking him and wishing him well. We tance of remembering and renewing the leg- ther pursuit of his many interests. He leaves at can hardly wait to see what he will accomplish acy of Memorial Day. We as a nation need to the same time that the University’s beloved next. reclaim memorial Day as the sacred and noble president, Edward T. Foote, retires after 20 event the day was intended to be. We can do years at this institution. They leave together, f this by taking greater strides to domestic ap- two very extraordinary men whose mutual preciation for those loyal people of the United trust, skill, hard work and vision have left a MILITARY PAY States whose values, represented by their permanent mark on the University and our en- sacrifices, are critical to the future of the tire community. United States. As a Government, we have a Russ is long-time personal friend and one of HON. CASS BALLENGER responsibility to raise awareness of and re- the finest men that I know. He has had a re- spect for the national heritage, and to encour- OF NORTH CAROLINA markable impact on improving the lives of stu- age citizens to dedicate themselves to the val- dents at U of M and creating new opportuni- IN THE HOUSE OF REPRESENTATIVES ues and principles for which those heroes of ties for dozens of talented students and re- the United States died. Thursday, May 24, 2001 searchers in fields like biomedical research, As part of this reaffirmation, Congress and international education and development and Mr. BALLENGER. Mr. Speaker, today I am the President called on the people of the marine sciences. Through Russ’ efforts, the introducing a bill to restore a small measure of United States to pause at 3:00 p.m. on Memo- University has secured almost $200 million in balance to the way military retired pay is han- rial Day to observe a National Moment of Re- federal support for cutting-edge education, dled during a divorce. membrance. By doing so we honor the men training and research objectives. He has and women of the United States who died in worked with me on minority health and edu- Under the Uniformed Services Former the pursuit of freedom and peace. cation issues, cancer, diabetes and marine re- Spouses Protection Act, courts were given the Memorial weekend has become the signal search and environmental science issues. His authority to divide military retirement pay as in this country that summer has begun. In Indi- abilities as a problem-solver are legendary. property. This has resulted in certain injustices anapolis this weekend we have the great Indy There are very few University representatives to many divorced military retirees. Chief 500 race and festivities. It is a great weekend who have Russ Jollivette’s professionalism, among them is the fact that former spouses for Hoosiers. I hope that each American as we knowledge, commitment judgment and persua- continue to receive a share of the retired pay go about our holiday weekend will at the very sive ability, or who can match his success. even after one or more re-marriages—unlike least remember to take that moment on Mon- But his achievements do not begin or end other federal agency pensions, such as those day and pause at 3:00 p.m. for a moment of with his service to the University. He is a spe- of the CIA and Foreign Service, which termi- remembrance through prayer, quiet reflection, cial leader in the world of higher education nate after a spouse remarries. Moreover, or meditation. and public service, and a leader in the African- since there is no limitation on when former We have been blessed this week to have a American community. He understands the spouses can seek a division of retired pay, great media focus on the heroes of our armed meaning of friendship in the truest sense. He some former spouses seek this action many services. Last Sunday night the James Keach comes from a prominent S. Florida family with years after the divorce. Movie, ‘‘Submerged’’ aired on network tele- a long history in our My bill has four principal components ad- vision. This movie portrayed the heroics of the Russ Jollivette’s name is synonymous with dressing problems created by the original leg- submariners of our early Navy and told the academic service and excellence. He holds a islation. First, it would terminate payments true story of raising a submarine and saving Masters in Business Administration and a law made as a division of property from retired many of its crew. This Friday the movie ‘‘Pearl Harbor’’ will premier in theaters across the na- degree. At the University of Miami, he served pay upon remarriage of the former spouse. tion. I am pleased that these artists have used for more than two decades as Vice President Second, it would require computation of the their talents and efforts to share with the world for Government Relations, as the Secretary of former spouse’s portion of retired pay based the stories that are such a vital component of the University, as Director of Public Affairs, Di- on the servicemember’s rank and year of mili- rector of the Foundation and Corporate Rela- our nation’s history. tary service at the time of divorce, not at the tions, and, for many years, as the Executive I am also pleased that we are preparing a time of retirement. Third, it would limit the pe- Assistant to the President. In recognition of sixty-year remembrance event at Pearl Har- riod of time after divorce in which a former this service to the University, Russ was just bor. We are fortunate in the 107th Congress spouse may seek a division of retired pay. awarded the 2001 Alumnus of the Year to have heroes among us. The following are Fourth, it would protect any veterans’ disability Award. Standing ovations at that ceremony members of the House and Senate who compensation from division with the former and at meetings of the University’s Executive served in the armed services during World spouse, which was originally intended, but has Committee of the Board of Trustees reflect the War II. From the House of Representatives: either been circumvented or ignored. depth of feeling and respect for him through- CASS BALLENGER, JOHN D. DINGELL, BENJAMIN out the University. I urge my colleagues to join me in seeking A. GILMAN, RALPH M. HALL, AMO HOUGHTON, In Florida, Russ Jollivette’s reputation for equity for military retirees by cosponsoring this HENRY J. HYDE, JOE MOAKLEY, RALPH REGULA, public service and civic activities go well be- bill. Norman Sisisky, JOE SKEEN, and BOB STUMP. CONGRESSIONAL RECORD — Extensions of Remarks E929

From the Senate: DANIEL K. AKAKA, JESSE their customers to call the Coast Guard using Let your wireless network’s voice mail HELMS, ERNEST F. HOLLINGS, DANIEL K. *CG. However, the use of *CG is not uni- pick up your calls when you’re unable to an- swer the phone. If you’re heading into a INOUYE, TED STEVENS, STROM THURMOND, and versal. For example, in Woods Hold, Massa- navigational hazard, it’s easy to retrieve JOHN WARNER. chusetts, *CG will reach the Coast Guard if your messages later. As we go about remembering those who you are using a Verizon phone. However, if Use your wireless phone to notify those on died in service, I hope we will also remember you happen to be using a Sprint Cellular shore of your whereabouts and destination. those who are still with us. Each month over phone you reach a recording that says ‘‘invalid f 38,000 World War II veterans die. Our vet- code entered’’; on Cellular One and Nextel erans are our nation’s heroes. Whether a Pri- you get ‘‘call cannot be completed as dialed.’’ NO CHILD LEFT BEHIND ACT OF vate or a General, combat veteran who served Even within a singular cellular telephone com- 2001 on the front lines, a nurse in a MASH unit, or pany, designation of *CG for emergency com- the quartermaster who was stateside during munications is not universal. For example, SPEECH OF war—our veterans deserve to be remembered Verizon has *CG connections in Seattle and HON. MIKE ROGERS and honored by our country and by each of Massachusetts, but not in Norfolk, Virginia. OF MICHIGAN us. We need to make sure every eligible vet- Mr. Speaker, when a boater is in distress IN THE HOUSE OF REPRESENTATIVES eran who goes to a Veterans Administration they need to be able to reach the local Coast (VA) Hospital or clinic for medical care is treat- Guard unit as soon as possible. They may not Wednesday, May 23, 2001 ed with compassion and respect and gets have a VHF radio on board and the only way The House in Committee of the Whole good medical care. We also need to make to reach the Coast Guard is by using their cel- House on the State of the Union had under sure that we do a better job with those whose lular telephone. Time is of the essence, and consideration the bill (H.R. 1) to close the conditions mean their care is palliative and not they can’t wait to go through the operator to achievement gap with accountability, flexi- curative. reach the nearest Coast Guard unit. bility, and choice, so that no child is left be- During a Government Reform Committee Today I would like to call on the U.S. cel- hind: hearing in October 1999, we learned that the lular phone industry to designate *CG as the Mr. ROGERS. Mr. Speaker, as the father of VA had an initiative to improve their hospice nationwide phone number for boaters to reach two young children in the public school sys- programs. We heard from such experts as Dr. the Coast Guard during emergencies using tem, I have a vested interest in supporting any Ira Byock and Dr. Judith Salerno as well as cell phones and to ask them to program their measures that will further strengthen the cur- Dannion Brinkley who founded Compassion in networks to route these calls to the nearest rent system. Ensuring that our children have Action—a non-profit foundation that trains hos- appropriate Coast Guard facility. They too can access to every educational opportunity nec- pice volunteers to serve in VA hospitals. I am join the coalition of people in the United States essary to achieve is my top priority in Con- pleased that in four short years this organiza- striving to save boaters lives. gress. tion has been able to train 4,000 hospice vol- The Coast Guard has a template agreement The provisions contained in H.R. 1 will give unteers who last year provided 27,000 hours that they have been successfully implemented states and local school districts the flexibility of service to veterans. around the country. Once all of these compa- and decision-making authority they need to Americans who volunteer through Compas- nies are on board, we can initiate a boating address the individual needs of their students sion in Action, the American Legion, the Para- safety campaign to educate the boating public and teachers. Paperwork mandates and regu- lyzed Veterans Association, and the many about the universal access to *CG during lations force states and local school districts to other volunteer service organizations at the emergencies. sacrifice student achievement in order to com- VA are also our heroes. Many of these volun- Please help us save lives by establishing a ply with bureaucracy; thus, taking time away teers are veterans as well and continue to national *CG system. from teaching. Giving state and local officials serve their country as brigades of volunteers Mr. Speaker, I submit for the record an arti- additional flexibility helps them tailor programs without whom our VA hospitals could not func- cle about Version Wireless use of *CG in the to more closely meet students’ unique needs tion. I am pleased that our President is con- Seattle area. and priorities—whether it be through additional tinuing the legacy of the Thousand Points of focus on teacher training and professional de- VERIZON WIRELESS LINKS BOATERS TO COAST velopment or additional funding for technology Light by rejuvenating the call to volunteerism GUARD and compassion through service. needs or class size reduction. I firmly believe DON’T CAST OFF WITHOUT YOUR WIRELESS that local school districts, not Washington, f PHONE know best what the needs of our children are NATIONAL SAFE BOATING WEEK SEATTLE, May 2 /PRNewswire/—With the and although the federal government can and official arrival of a new boating season on May 5, Verizon Wireless reminds boaters should play an important role in our education HON. CORRINE BROWN that it offers its customers a direct connec- system, it should not be the guiding force. OF FLORIDA tion to the U.S. or Canadian Coast Guard by In Michigan and throughout the country, an IN THE HOUSE OF REPRESENTATIVES dialing *CG (*24) from their Verizon Wireless alarming number of children enter school with- phone. There is no access fee to use *CG. out the language and literacy foundation nec- Thursday, May 24, 2001 Airtime is deducted from customers’ calling essary to succeed in school. Many children Ms. BROWN of Florida. Mr. Speaker, this is plan bundle. are incapable of deciphering that letters make National Safe Boating Week. In the year 2000, ‘‘While VHF–FM maritime channel 16 up words and that words carry meaning. This should be used as the primary means for re- over 72 million Americans participated in rec- porting an emergency,’’ said Kelly DeLaney, problem spans all socioeconomic backgrounds reational boating activities. However, between Verizon Wireless regional president, ‘‘our ex- and leads to children entering school behind 700 and 800 Americans will be killed in rec- tensive marine coverage gives boaters an- their classmates before they even get started. reational boating accidents this year. other reliable means of communication Therefore, I am extremely pleased by the It will take a continued effort by State Boat- while on the water that increases conven- enormous step forward H.R. 1 takes toward ing Law Administrators, Manufacturers, boat- ience and enhances safety and security. focusing on effective, proven methods of read- ing safety educators, and the many other or- Boaters can use *CG to get help if there is an ing instruction and triples federal literacy fund- ganizations involved in boating to decrease emergency, or to pass along information ing from the present $300 million to $900 mil- about a navigational hazard that could en- the number of Americans killed every year on danger boats.’’ lion in 2002. Furthermore, this legislation au- our waterways. Just as wireless users are encouraged to thorizes $5 billion over the next five years on Today, I would like to ask the cellular tele- exercise caution when driving and dialing reading programs for children between kinder- phone industry in the United States to join this onshore, boaters should keep safety in mind garten and third grade. effort by designating ‘‘*CG’’ as the emergency when navigating and dialing. At a time when our economy is slowing and response number that boaters can use in an To recognize National Safe Boating Week, we are facing fiscal restraint here in Wash- emergency to make free calls to the nearest May 19 through May 25, Verizon Wireless ington, our commitment to funding education Coast Guard unit. asks all boaters to think ‘‘safety,’’ by fol- has never been stronger. H.R. 1 provides for lowing these tips: Over the past decade, more and more Safe boating is your first priority. Make a $4.6 billion increase, which represents an Americans are carrying cellular telephones sure your phone is positioned where it is eight percent increase over current year fund- wherever they are—including on their boat. I easy to see and reach. ing for K–12 programs. This is funding that is am pleased to recognize that companies such Use the speed dialing features on your primarily directed toward the economically dis- as Verizon and Alltel wireless allow many of phone to program frequently called numbers. advantaged. While dollars alone are not the E930 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 answer, combined with greater local autonomy PERSONAL EXPLANATION consideration the bill (H.R. 1) to close the over how those dollars can be spent, allows achievement gap with accountability, flexi- for targeted efforts on behalf of every school bility, and choice, so that no child is left be- HON. DOUG BEREUTER hind: in my district. This could mean an increase in OF NEBRASKA teacher salaries for the Lansing School District Mr. UNDERWOOD. Mr. Chairman, I rise IN THE HOUSE OF REPRESENTATIVES today to express my concerns and to urge my or extra computers for the Saline School Dis- Thursday, May 24, 2001 trict. Ensuring our school districts have the colleagues to consider the children who will be left behind on H.R. 1. The President’s Edu- necessary resources to be successful is a Mr. BEREUTER. Mr. Speaker, on May 23, cation Plan to ‘‘Leave No Child Behind’’ is positive step in the right direction. 2001, a visit to the Vice President’s residence away from Capital Hill caused me to unavoid- woven into the language of H.R. 1, which is I am voting yes on H.R. 1 because it pro- ably miss rollcall vote no. 146 (motion to in- our blueprint for elementary and secondary vides school districts with greater flexibility, a struct conferees on H.R. 1836, the Economic education in this country. While I support strong focus on reading initiatives and in- Growth and Tax Relief Reconciliation Act). many of the initiatives in this legislation, I must creased funding for quality programs. After lis- Had I been present I would have voted ‘‘no.’’ raise again the reality that the children living in tening to the constituents of my district, I am f U.S. insular areas like Guam, the Virgin Is- confident that these are reforms that we can lands, American Samoa, and the Common- all support for the benefit of our children’s fu- TRIBUTE TO CHARLES NEWTON wealth of the Northern Mariana Islands will be ture. COOK OF HOLLYWOOD, ALABAMA left behind in this reauthorization bill. While H.R. 1 addresses the needs of chil- f HON. ROBERT E. (BUD) CRAMER, JR. dren living in rural areas, the needs of Amer- OF ALABAMA ican Indian and Alaska Native children, the STAMP HONORING PAUL LEROY IN THE HOUSE OF REPRESENTATIVES needs of children with Limited English Pro- ficiency, the needs of children of military fami- ROBESON Thursday, May 24, 2001 lies, it fails to begin addressing the needs of Mr. CRAMER. Mr. Speaker, I would like to children living in the insular areas. And, al- HON. BOBBY L. RUSH take this opportunity to pay tribute to the long though the insular areas have a unique status and fruitful life of Mr. Charley Cook, of Holly- under Federal law that requires special poli- OF ILLINOIS wood, Alabama, an extraordinary man whose cies to serve the educational needs of chil- IN THE HOUSE OF REPRESENTATIVES one hundred and five years have been dren, there is no Federal education policy that marked by his love of country, family and God. focuses on the specific and unique needs of Thursday, May 24, 2001 Mr. Cook was born in Hollywood, Alabama insular area school systems. on May 28, 1896. When he was 21, he volun- It is difficult for insular area educational sys- Mr. RUSH. Mr. Speaker, I rise today to in- teered for the Navy and served in the Navy tems to compete for Federal funding distrib- troduce House Concurrent Resolution 143, ex- during World War I until 1919 making three uted by competitive grants because schools pressing the sense of the Congress that the trips to French waters. He is believed to be lack the personnel needed to prepare grant U.S. Postal Service issue a commemorative the last living WWI Veteran in Alabama. Mr. application and the resources to higher spe- postage stamp honoring Paul Leroy Robeson. Cook also served on the Battleship Utah, cialists in the writing of Federal grant pro- Sixty-six of my colleagues have joined me in which the Japanese sunk at Pearl Harbor. posals. They are also faced with unique chal- support of this resolution. Mr. Cook’s life reads like a chronicle of this lenges in hiring and retaining qualified admin- Paul Robeson, a famous African-American nation’s history. He has witnessed Babe Ruth istrators and certified school teachers. This is athlete, singer, actor, and advocate for the hit his legendary home runs from Yankee Sta- alarmingly the case in American Samoa where civil rights of people around the world was dium and been in the audience of a vaudeville 77 percent of school teachers are uncertified. born on April 9, 1898 in Princeton, New Jer- show starring Eddie Cantor and George Children living in insular areas rank among sey. After receiving his degree from Columbia Burns. When he finished his service time, he the lowest in the nation in educational Law School in 1923, Paul Robeson left the returned to Hollywood, Alabama maintaining achievement. In particular, the jurisdictions of legal profession for a career in the arts. Paul his garden until 1995. He voluntarily quit driv- Guam and the Virgin Islands rank among the Robeson is well known for his inspiring per- ing at age 99. lowest in the nation in NAEP scores. Con- formances in musicals, such as Show Boat, I would like to enclose words from his sequently, the high school drop out rates of and theatrical performances, such as Shake- ‘‘Armed Guard Detail’’ certificate, ‘‘Members of children living in the insular areas are among speare’s Othello. With his distinctive deep bar- the Armed Guards . . . may well be proud of the highest in the Nation. itone voice, Paul Robeson left audiences this duty. The efficient and courageous per- Insular area educational systems face other around the world captivated. formance of this duty, replete with successful challenges such as geographical barriers, high encounters with hostile submarines, will insure unemployment rates, shrinking economies, Paul Robeson’s brilliant on-stage perform- its indelible inscription in the history of the aging buildings which are strained by the ac- ances were second only to his commitment to United States Navy.’’ We can never afford to celeration of weathering caused by tropical eradicating racial and social injustice in the forget the victories and sacrifices of Mr. storms and typhoons, high costs of importing United States and around the world. Paul Cook’s generation lest we take for granted the and providing equipment and supplies, and a Robeson used his oratory skills and knowl- precious freedoms we enjoy every minute of host of other limited resources. edge of 25 languages to combat racial in- every day. If the goal is indeed to leave no child behind equality in this country and around the world. On behalf of the people of Alabama’s Fifth in education, then Congress and the Federal Because of his stance, Paul Robeson was os- Congressional District, I join them in cele- Government must work to ensure that no child tracized and disparaged by many. brating the extraordinary life of this brave sol- is left behind, whether they reside in the states Even at the risk to his own safety and pro- dier. I send him and his family my best wishes or the territories. The current language of H.R. fessional stature, Mr. Robeson stood up on this special birthday reception this Sunday 1 neglects to take into account the special against racial bigotry during a time when seg- at the Veterans Hall in Scottsboro. I wish Mr. needs of children living in the territories and regation was legal in America and lynching Cook a happy and healthy 105th year. the special challenges insular area educational was common place. f systems must undergo to provide quality edu- cation in the insular areas. Paul Robeson never took the easy road in NO CHILD LEFT BEHIND ACT OF As the Delegate from Guam to the U.S. life. Where he could have easily focused sole- 2001 House of Representatives, and a life-long edu- ly on his career, Paul Robeson chose to stand cator who taught and served in the administra- up in defiance of the unjust social practices of SPEECH OF tion of public high schools and later served as his time. Paul Robeson forced America to look the Academic Vice President of the University into a mirror at itself and confront the racial in- HON. ROBERT A. UNDERWOOD of Guam, I have always advocated for im- justice commonly accepted during his lifetime. OF GUAM IN THE HOUSE OF REPRESENTATIVES provements in the manner that federal policy In honor of his undying efforts and enduring is developed by the Federal Government in its Wednesday, May 23, 2001 personal sacrifice, I have introduced this legis- treatment of the insular areas. lation and urge all of my colleagues to join me The House in Committee of the Whole The insular areas are generally included in in this tribute to Paul Robeson. House on the State of the Union had under most national education programs, but mostly CONGRESSIONAL RECORD — Extensions of Remarks E931 as afterthoughts. As a result, educators in the forts of Professor Basilio Catania of Turin, by the IRS that has interfered with the ability insular areas must follow a patchwork system Italy. Professor Catania is the retired director of municipal gas systems to enter into long- of funding arrangements, varying from state general of Italy’s Central Telecommunications term prepaid contracts to obtain natural gas shares to special formulas for outlying areas, Laboratory, a distinguished scientist, holder of for their citizens. I am joined today by 20 of in order to obtain needed and fair funding of the European Union’s first Telecommuni- my colleagues who share my great concern federal program resources. cations Prize, holder of Italy’s internationally for this issue. I am pleased that we will be included in acclaimed Marconi Prize. Following years of most of the increases, including the Presi- meticulous research, Professor Catania is now The approximately 1,000 publicly owned gas dent’s proposal to increase spending by $5 bil- trying to bring to light the merits of Mr. Antonio distribution systems in the United States com- lion on reading programs for Kindergarten to Meucci, who claimed that he and not Alex- prise about 5 percent of the market. They are 3rd grade. And, I am particularly pleased that ander Graham Bell invented the telephone. In primarily located in small towns and rural com- local school districts will be given greater flexi- October 2000, at New York University, Pro- munities. In the last 15 years there have been bility to transfer up to 50 percent of the Fed- fessor Catania presented ‘‘Antonio Meucci, In- major changes in the natural gas industry that eral education dollars they receive through ventor of the Telephone: Unearthing the Legal have increased their exposure to the great un- ESEA programs. I am also pleased that the and Scientific Proofs.’’ certainties of the natural gas market. In 1985 Had Mr. Meucci been able to afford the ten- bill will help states and local schools with their the Federal Energy Regulatory Commission dollar fee to extend his 1871 caveat from the development of annual reading and math as- ‘‘FERC’’ began deregulating the delivery of sessments for students in 3rd through 8th United States Patent Office beyond 1874, the natural gas. In 1993 FERC began requiring grade and that there will not be a uniform ruler Bell patents could never have been issued to measure all achievement because one size and we would have a very different vocabulary that pipelines ‘‘unbundle’’ their services to cus- does not fit all. However, I remain concerned today in discussing telecommunications tomers. This meant that municipal gas sys- that the over-reliance on standardized testing issues. tems could no longer purchase natural gas as the only measure of educational success The fight over who actually should hold the supplies on a reliable and regulated basis might only lead to failure. In a place like patent for the telephone and succeeding in- from interstate natural gas pipelines. This fun- Guam, standardized testing as a single meas- ventions dates back to the earliest days of the damental change in the marketplace meant ure can be particularly misleading, therefore, telecommunications industry. The federal gov- that for the first time municipal gas systems ernment even played a direct roll. In 1885, the additional measures should be employed. had to acquire reliable gas supplies and trans- Meucci claim was presented before Secretary I have long been an advocate for estab- port on their own in a deregulated market- lishing a Federal educational policy for the in- of Interior Lucius Lamar, who at the time had jurisdiction over the Patent Office. Fifty affida- place. In response, many formed joint action sular areas that would help to bring consist- agencies, as contemplated in the FERC re- ency to their treatment throughout H.R. 1. In vits and the exhibition of two dozen of structuring, to acquire and manage the deliv- the absence of such policy, I have worked to Meucci’s telephone models were part of the develop language and legislation to extend the presentation. One of the affidavits was the ery of gas. opportunities provided to all Americans to translation into English of Mr. Meucci’s Memo- In today’s natural gas markets, long-term those living in the insular areas. Thus, I pro- randum Book, in which he kept the notes on prepaid supply arrangements are the most re- posed an amendment to H.R. 1 which pro- his various experiments on the telephone as liable means for municipal gas systems to ob- vides the framework for Federal education pol- far back as 1862. A drawing in the Memo- tain an assured supply of natural gas. To fund randum Book shows that Mr. Meucci had dis- icy to the insular areas and calls for the rees- prepaid supply contracts, the municipality or tablishment of the Territorial Assistance Pro- covered the inductive loading of long distance telephone lines many years before the Bell the joint action agency issues tax-exempt gram to provide teacher training to help stu- bonds. These contracts contain stiff penalties dents graduate from high schools in the insu- Company. It was also found that Mr. Meucci should have been credited with other firsts, if the supplier fails to perform making this the lar areas. Unfortunately, this amendment was such as call signaling, the anti-side tone cir- most reliable gas supply that municipal gas struck down along with more than a hundred cuit, and the first measures to optimize the agencies can purchase. Until August of 1999, other amendments proposed for this delibera- structure of telephone lines. joint action agencies entered into prepayment tion today. The outcome of the hearings led to a rec- I am here before you to urge your consider- supply contracts with gas suppliers to obtain a ommendation to proceed against the Bell long-term (e.g., 10-year) supply of gas. ation of the special needs of children living in Company. Unfortunately, little attention has the insular areas. The Federal Government been paid to this important trial brought by the In August 1999, the IRS published a request has recognized that special attention must be Department of Justice in January 1887 United for comment that has effectively prevented given to the challenging circumstances of in- States v. Bell Telephone Company and Alex- municipal gas systems from using their tax-ex- sular area educational systems. It is my hope ander Graham Bell. This lawsuit was instituted empt borrowing authority to fund the purchase that Congress will work to resolving these by the federal government against Bell to strip of long-term, prepaid supplies of natural gas longstanding issues which impede the delivery him of his patents for fraud and misrepresen- for their citizens. The IRS questioned whether of education to children living in the insular tation. Appealed on demurrer to the Supreme the purchase of a commodity, such as natural areas. Why should our educators be left to Court, it was determined by the High Court gas, under a prepaid contract financed by tax- searching for information in footnotes and ob- that a viable and meritorious contention exempt bonds has a principal purpose of earn- scure references to find the policies which against Bell had been raised, and the case ing an investment return, in which case the apply to them? was remanded for trial. The record of the trial bonds would run afoul of the arbitrage rules of We need to work in concert to level the proceeding was never printed and now resides playing field for all American children in the the Internal Revenue Code. The IRS has not in storage with the National Archives and issued any guidance following the August states and in the territories. I hope my col- Records Administration. leagues will join in supporting my legislation to Interestingly, the hearings before the Interior 1999 request for comment. ensure that no American child is left behind in Secretary coincided with a lawsuit brought by Under the Internal Revenue Code, tax-ex- our national education programs no matter the Bell Company against Mr. Meucci for pat- empt bonds may not be used to raise pro- where they live, and urge support for the inclu- ent infringement. Sadly, none of proceedings ceeds that are then used to acquire ‘‘invest- sion of this policy in any final agreement of at Interior were made available during the pat- ment-type property’’ having a higher yield than H.R. 1. ent infringement trial. the bonds. Governmental bonds that violate f f this arbitrage restriction do not qualify for tax- IN RECOGNITION OF ANTONIO MUNICIPAL GAS SUPPLY ACT OF exempt status. Treasury regulations provide MEUCII 2001 that investment-type property includes certain prepayments for property or services ‘‘if a prin- HON. ELIOT L. ENGEL HON. MAC COLLINS cipal purpose for prepaying is to receive an in- OF NEW YORK OF GEORGIA vestment return.’’ But, ‘‘a prepayment does not IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES give rise to investment-type property if . . . Thursday, May 24, 2001 Thursday, May 24, 2001 the prepayment is made for a substantial busi- Mr. ENGEL. Mr. Speaker, I rise today to Mr. COLLINS. Mr. Speaker, I am introducing ness purpose other than investment return bring to the attention of my colleagues the ef- legislation today to correct a problem created and the issuer has no E932 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 as private activity bonds. Although municipal gas siblysystems engage clearly in have our a constitutional‘‘substantial business rights. purposeinalienable’’ for entering rights, into we prepayment are constantly transactions called and ‘‘no com The IRS has essentially acted against mu- And, finally you will discover what it means upon to defend and uphold our constitution. nicipal gas systems without going through any to become a part of history, by participating As such, we must be able to use our privi- in this government of the people, by the peo- leges responsibility. In words of Benjamin of the administrative procedures required for ple, and for the people. Franklin, ‘‘we have a Republic, only if we agency action. It has not issued any regula- We’ve been cleared for takeoff, so please can keep it!’’ tions, ruling or other guidance; it has simply direct your attention to the windows on the And now, as we make our way back to the, put out a request for comment that has effec- left side of the cabin. You will note instances 21st Century, I will remind you that this tively prevented the issuance of any tax-ex- in recent history, in which rulers and dic- flight is interactive—meaning it is not empt obligations to fund prepaid contracts for tators have taken away people’s personal enough to simply understand our constitu- natural gas. freedoms. There’s Kosovo, Bosnia and tion and to use our rights responsibility. Tianenmen Square. Clearly, this travel back in time has taught The legislation we are introducing today Make sure your seat belts are securely fas- us that our duties as citizens also carry the would clarify the law, both with respect to the tened. We are about to enter a turbulent obligation to participate in our government. arbitrage rules and the private loan financing time in American History—the defense of de- rules, to remove the confusion created by the mocracy—There’s Desert Storm, now Pearl Long after out Founding Fathers penned IRS. Harbor and our final stop, the Revolutionary the last words of the Constitution, the War. This is where our journey begins. . . . amendment process ensured their continued This country is now facing an energy crisis. involvement. You will see what I mean, by All across the nation the price of natural gas What you might not realize is that the Constitution is actually our third form of looking out the windows on the right side of has been at record levels as purchasers have government. It was here during the Revolu- the aircraft: here we see that The Bill Rights scrambled to obtain an assured supply. Mean- tionary War when our fight for freedom was added to the Constitution in 1791. In 1865 while, by requesting comment and then failing began. The American Colonies were first the 13th amendment abolished slavery and in to act, the IRS has prevented small commu- forced to live under the reign of England. 1868 the 14th amendment outlined the rights nities from using their tax-exempt borrowing From 1775 until 1783 the American Colonies of all citizens. Meeting the changing needs of authority to obtain a long-term, assured supply fought for a growing country, however, had been known to cause slight turbulence in our return of competitively priced natural gas. This prob- We now move forward to 1787, please do not flight. Therefore, in the event that we expe- lem must be addressed as part of comprehen- disturb the 55 men who are meeting in this old Philadelphia state house. They are rience any threat to ourselves and our pos- sive energy legislation that Congress will soon statesmen, patriots, each with their own terity any one of the 27 amendments, will consider. ideas about how this new government should drop from the overhead compartments to en- f be organized. Some of them are states’ rights sure our domestic tranquility. advocates. Many of them are federalists. But The amendment process is not the only TRIBUTE TO CANDICE A. NEAL OF you will notice that one man stands out in way that we as citizens can participate in EVA, ALABAMA the crowd. His name? James Madison. And our govenmnent. What we have witnessed he is presenting the Virginia Plan to his fel- today should force us out of complacency low delegates. They will soon refer to the and self-centeredness and put us in touch HON. ROBERT E. (BUD) CRAMER plan as a ‘‘political masterstroke,’’ and in with a greater reality. Robert Kennedy made OF ALABAMA the next 5 months, it will serve as the foun- it popular, but George Bernard Shaw said it IN THE HOUSE OF REPRESENTATIVES dation of our Constitution. By 1789, all the long ago: ‘‘Some people see things as they states had ratified and approved this new and ask, ‘Why?’ I prefer to see things as they Thursday, May 24, 2001 form of government. This unusual document might be, and ask ‘‘Why not?’’ That is what Mr. CRAMER. Mr. Speaker, I submit into was the first written, national constitutional the framers of our constitution had in mind the CONGRESSIONAL RECORD the following since ancient times. It was also the first to so long ago. Our participation in that proc- essay written by a bright young lady from set up what was called the federal system. ess in the 21st Century is essential to ensure North Alabama, Miss Candice Neal. The Under this system, sovereign power comes that the Constitution continues to withstand from the people, for the good of the people. the many and varied assaults from those who essay titled ‘‘The Constitution: A Fantastic The Founders attempted to create a form criticize it, misinterpret it, or challenge it. Journey’’ was recently selected as the winner of government that would be stable, but We can begin participating in small ways of the 2001 American Legion National High would also allow for change. You see, in a such as reading a daily newspaper or weekly School Oratorical Contest. I would like to sub- sense, the Founding Fathers were time trav- newsmagazine. Then, we will begin partici- mit her patriotic words for the RECORD. elers too; they were looking to the future, pating in bigger ways such as writing letters planning ahead, and forming a basic frame- ‘‘THE CONSTITUTION: A FANTASTIC JOURNEY’’ to public officials, investigating the quali- work to endure for all time. It is a document fications of Attention time travelers this is your final written for ‘‘we the people’’ and that means Our Founding Fathers, in the words of Jus- boarding call for flight U.S. 1–7–8–7. Con- that ‘‘we the people’’ have a job to do! tice Hugo Black, ‘‘. . . dreamed of a country gratulations you have selected one of our Fast forward to April 1999. An issue of the where the mind and spirit of man would be more popular destinations, The Beginning of USA Today Newsview, states that one of the free; where there would be no limits to in- American Government. Today, you will expe- first things that come to mind when Ameri- quiry; where men would be free to explore rience some of the more dramatic events in cans are asked what they think about the the unknown and to challenge the most our nation’s history. Flight 1–7–8–7 is a non- United States and its government is ’‘‘free- deeply rooted beliefs and principles. . . ’’ stop flight, back in time, to the creation of dom’’. Yet according to current public opin- the U.S. Constitution. The flight crew has ion research fewer than 15% of Americans Today, on fight U.S. 1–7–8–7, we have trav- requested that you remain seated with your can name the freedom of the press and one of eled back in time to the formation of The personal liberties securely fastened. When the rights protected under the First Amend- Constitution of the United Sates. Our the captain is certain that you are not in ment. And little more than half of Ameri- itinerary included a basic knowledge and un- danger she will illuminate the ‘‘ratification cans know that there are three forms of gov- derstanding of the constitution; and appeal light’’ indicating that you may move about ernment. You see, time travelers, with free- to engage in our rights responsibly; and fi- the cabin freely. As we prepare for take-off I dom also comes responsibility—the responsi- nally, a call to participate in our govern- will remind you that this is a non-smoking bility to understand and defend the Constitu- ment. flight, and in keeping with today’s destina- tion. Here in the 21st Century, the flight crew tion, federal law prohibits the violation of James Madison once said, ‘‘The people who tells me that we have been cleared for land- anyone’s inalienable rights. are the authors of this blessing must also be ing. We have people on hand waiting to as- Please look in the seat back pockets in its guardians.’’ Today more than ever before sist you in your efforts to continue the good front of you, to review today’s agenda. We we witness people and organizations testing work of our Founding Fathers. Remember begin our journey with a basic knowledge the bounds of their Constitutional rights. what you have experienced today is much and understanding of the Constitution and From tabloids that slander high profile fig- more than a fantastic journey in to the past, how it was created. In the second phase of ures, to hate groups who use their misunder- it is a reminder of your responsibility for the this adventure, we will learn how to respon- standing of freedom to infringe upon other’s future. CONGRESSIONAL RECORD — Extensions of Remarks E933 HONORING SAM CAUDILL REMEMBERING HAROLD BERKE COBRA statute to maintain that coverage for COMMUNITY CONTRIBUTIONS up to five years under the existing rules. He or HON. THOMAS M. REYNOLDS she would still be responsible for the entire HON. SCOTT McINNIS OF NEW YORK cost of the insurance policy plus the 2 percent IN THE HOUSE OF REPRESENTATIVES administrative fee but would not have to face OF COLORADO loss of insurance coverage or reduction in IN THE HOUSE OF REPRESENTATIVES Thursday, May 24, 2001 benefits while looking for a job with com- Mr. REYNOLDS. Mr. Speaker, I rise today Thursday, May 24, 2001 parable health insurance. Next, it would ex- in remembrance and to pay tribute to Harold pand the program to individuals who are over Mr. MCINNIS. Mr. Speaker, I would like to Berke of Williamsville, New York. take this opportunity to recognize a man that While Harold Berke is no longer with us, we the age of 55 and qualified for COBRA cov- has made numerous contributions to his com- are blessed that his memory and his achieve- erage to extend their coverage until they be- munity as well as the United States as a ments live on to this day. Born Harold come eligible for Medicare. If they go beyond whole. Mr. Sam Caudill served his country in Berkowitz, he enlisted in the Army Air Corps five years, the cost of the premium would go the Office of Strategic Services (OSS) during prior to the start of World War II. Harold to 125 percent of the policy to help cover in- World War II, and since has served the com- achieved the rank of Master Sergeant, and creased health care costs that may occur. munity of Aspen, Colorado as a leading archi- during his service to our nation, invented a de- Lastly, and perhaps most importantly, the bill tect and historian. For his life of service and vice that allowed a single man to lift the tail provides a 50 percent refundable tax credit of adventure, I would now like to take this oppor- sections of airplanes for repair and inspection. the premium to help offset the cost of this cov- tunity to honor him. Following his graduation from the University erage to the individual. This provision will Sam started his illustrious career on a mis- at Buffalo, which he attended under the GI make such coverage far more affordable to sion for the Office of Strategic Services to Bill, Harold Berke went to work for Bell Aero- those for whom the cost is an economic bur- China in 1945 to teach guerilla warfare to Chi- space, where, beginning in 1954, he led a den. nese soldiers so that they would be able to group that provided a solution to an engine In today’s changing and challenging job defend themselves if the Japanese attacked. problem on the X2 rocket. Harold Berke’s market layoffs and reductions in staffing are Although Sam did not realize it at the time, leadership and expertise were integral to other becoming increasingly common and employ- this type of work was the beginning of what projects, such as the Agena Engine, Rascal ees are forced to change jobs more often. Ad- was to become the most extensive and com- Missile, Minute Man Missile, and the engine ditionally, many businesses either do not offer plex intelligence network in the world—the that ensured America’s astronauts were re- health insurance at all, offer coverage that is CIA. At the age of 21 Sam volunteered to be turned safely from the moon. not as comprehensive as the employee’s pre- a mule packer for the American guerilla fight- Harold Berke’s contributions were not lim- vious plan, or do not make coverage available ers. Already fighting the Japanese, he had no ited to engineering and aerospace. A loving until the employee has been on the job for a idea that he would be presented with the op- husband and father, Harold Berke married the portunity to help start a new wave of national late Leah Rose in 1949. They were the proud specified period of time. Furthermore, many defense. parents of two sons, Ronald and Daniel. To- job hunters change jobs frequently or take Upon finishing his duty in the army, Sam re- gether with his sons, Harold Berke built short-term or temporary employment simply to turned to Cornell University to complete his award-winning show cars, including a series of pay the bills while searching for a job that is education. After receiving his degree Sam re- Corvettes, and a 1968 Camaro that won 30 more suitable to his or her field of expertise. turned to Colorado to make his mark on the awards in 10 shows. Eighteen months often is not long enough for skyline of Aspen. Following the lead of Frank Mr. Speaker, I ask that this Congress join many individuals to find employment that of- Lloyd Wright, Sam has always strived to cre- me in remembrance of Harold Berke’s con- fers comparable coverage. ate buildings that grow out of the environment. tributions to American rocketry and aerospace, However, the cost under this bill, though Sam was awarded for his unique design of and that we salute him in memoriam for his generally far less that acquiring private health Aspen High School, which reflects the rolling ability and leadership. insurance on the open market, can still be a hill surrounding the school with its rounded f substantial expense or even a roadblock to shape. He has been commissioned in numer- STARK/MOAKLEY COBRA COV- the employee. The bill’s 50 percent tax credit ous places throughout the state of Colorado. ERAGE EXTENSION & AFFORD- for premium costs would greatly reduce that fi- When people refer to Sam, he is often called ABILITY ACT OF 2001 nancial burden. And, most importantly, the in- ‘‘the dean of Aspen architecture.’’ dividual would be able to continue the same Sam has also made a significant contribu- HON. JOHN JOSEPH MOAKLEY policy with the same coverage. This becomes tion to preserving wildlife in Colorado. He particularly important if that person or his or served on the Colorado Wildlife Commission OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES her family has a pre-existing condition that from 1975 to 1983, and was chairman of the needs specific care or anticipates an upcom- commission in 1978. During this time he has Thursday, May 24, 2001 ing medical need such as surgery or preg- been credited with the law that allows Colo- Mr. MOAKLEY. Mr. Speaker, I am very nancy. Continuity of care can be extremely im- rado citizens to apportion part of their tax re- pleased to join with my colleague and good portant and in some cases even life-saving. turn to the non-game and endangered species friend PETE STARK (D–CA) today in introducing While the recently enacted Health Insurance program. He also worked on the state’s catch our legislation the ‘‘COBRA Coverage Exten- Portability Act allows individuals losing their and release trout program. Sam still enjoys sion and Affordability Act of 2001.’’ This legis- coverage to obtain health insurance without the outdoors and trys to hike and fish when- lation combines and expands earlier individual bias with regard to a pre-existing condition, it ever possible. legislation that each of us introduced to help does not guarantee the same plan coverage An interest in local history has spurred extend and improve this provision from the and it does not guarantee coverage at a com- Sam’s latest contribution to society. For the 1986 COBRA bill. parable cost. Our bill does. last twelve years Sam has been interviewing The original COBRA law allows employees ‘‘old timers’’ about their lives logging, mining who face a covered change in their work sta- This bill is not the only solution to our na- and wrangling here in Colorado. Sam hopes to tus and would otherwise lose their health in- tion’s growing number of uninsured Ameri- compile all these stories and photos he has surance to continue that same coverage for a cans. But it will help protect many of our na- gathered into a book titled, ‘‘Colorado—the period of up to 36 months depending on the tion’s workers who face losing health insur- Wild Years.’’ His love for the old west and his situation. Under that law, covered employees ance coverage due to job loss. It is not always reputation in the Aspen community suggests would pay up to 102 percent of the cost of possible to know if or when we will need that Sam may have been born a century too their current health insurance plan—the em- health care either for ourselves or our families. late. ployee and employer costs plus an additional But when we are faced with a debilitating ill- Mr. Speaker, like so many of us, Sam has fee to cover administrative expenses. Although ness, a serious accident, or even a joyous fallen in love with the natural beauty of Colo- the law says the coverage can last up to 36 event like an upcoming birth, our main con- rado. He has spent his life trying to preserve months in some cases, most coverage is lim- cern shouldn’t be the cost and whether or not that magical quality that the untamed moun- ited to 18 months. our insurance will be adequate. Please join tains of Colorado exude. For this I and the citi- Our bill would change the law in three ways. with Rep. STARK and me in supporting this zens of Colorado are grateful.st First, it would allow anyone covered by the legislation. E934 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 PEARL HARBOR on his knees. During his half-century ministry, a tax law policy change known as ‘‘All-in- five young men have been called to preach Bond.’’ Mr. NEAL and I sponsored the Distilled HON. JACK QUINN under his stewardship. Referring to these men Spirits Tax Simplification Act, or ‘‘All-in-Bond OF NEW YORK as ‘‘my boys in the gospel,’’ he is very proud bill’’, at the beginning of the 106th Congress. IN THE HOUSE OF REPRESENTATIVES of the great work they are doing for the Lord. Simply put, it would have extended the custom As the Glady Baptist congregation grew, it bonded warehouse concept to all spirits, not Thursday, May 24, 2001 became necessary to build a new church just imported product. The result would have Mr. QUINN. Mr. Speaker, as all Americans building in the early 1970s. Due to Pastor been to defer payment of the tax on domestic prepare to celebrate the Memorial Day week- Sprinkle’s leadership the new brick church product—just as we do for imported spirits— end, I think it is appropriate for all of us to they use today was completely paid for in just until it is removed from the warehouse for sale take some time and reflect on the sacrifice one year. to a retailer. that those men and women, past and present, In the past fifty years, Pastor Sprinkle has Given the obvious inequity of current law, who served our country have made. This conducted 102 revivals, performed 98 wed- the bill attracted the co-sponsorship of 75 of weekend, the movie Pearl Harbor will open dings and 361 funerals. Throughout the joys our colleagues from both sides of the aisle. As throughout the Nation. Once again, Americans and sorrows, Pastor Sprinkle notes, ‘‘I have a consequence, Mr. NEAL and I were success- of all ages will be reminded of this tragedy, as seen good times and I have seen hard times, ful in attaching the bill to a major tax reduction well as the bravery and courage our service but God’s grace was always with us. What a measure coming out of the Committee on men and women demonstrated. great God we serve!’’ Ways & Means in 1999, which was subse- President Franklin Roosevelt declared it, ‘‘A Reverend Sprinkle credits much of the suc- quently approved by this body. day that will live in infamy.’’ In the pre-dawn cess of his ministry to his wife, Lois, a faithful Subsequently, Treasury/BATF raised unwar- hours of December 7, 1941, the United States teammate for sixty years. ranted concerns about changing the point of Pacific Fleet was destroyed by a sneak attack Mr. Speaker, I know that all of my col- collection. Additionally, distilled spirits sup- of the Japanese Imperial Army. Nearly 2400 leagues in the House of Representatives join pliers objected because of concerns about a military and civilian lives were lost as a result me in praising Reverend Charles W. Sprinkle revenue offset provision which was added to of the surprise attack and more than 1000 for his fifty years of service to Glady Baptist the ‘‘All-in-Bond’’ proposal during committee were wounded. The attack forced the United Church and the Lord. consideration. States into World War II, and was the first f In an effort to build a greater consensus, we time the United States had been directly at- DOMESTIC SPIRITS TAX EQUITY agreed to drop the provision in conference tacked since the War of 1812. It is a moment ACT and go back to the drawing board to develop that is forever frozen in our Nation’s con- a better solution to the problem. sciousness. HON. MAC COLLINS The ‘‘Domestic Spirits Tax Equity Act’’ is I have introduced a bill, H.R. 157, that OF GEORGIA that better solution. The purpose of this legislation is to com- would designate December 7th as a Federal IN THE HOUSE OF REPRESENTATIVES holiday. This legislation would serve as not pensate wholesalers for the unequal burden only a tribute to those men and women who Thursday, May 24, 2001 imposed on U.S.-produced distilled spirits served and lost their lives at Pearl Harbor, but Mr. COLLINS. Mr. Speaker, today I am in- under current law. We do so by allowing quali- also all those who defended and fought for our troducing a bill, along with my colleague, Rep- fied wholesalers of domestic spirits a prepaid Nation during World War II. resentative RICHARD NEAL, to end the unequal tax adjustment, or ‘‘PTA’’ which is a credit This week, Congress gave final approval to tax treatment imposed on U.S. produced dis- against their annual federal income tax. the much-anticipated World War II Memorial tilled spirits. At a time when other countries The PTA is determined through a simple on the Mall, and this would be a fitting com- adopt tax laws to favor their own domestic in- formula. It is equal to 40 percent of the panion. dustries, it is ironic that current U.S. tax law amount paid for domestically produced spirits, I hope all Members will join me in cele- favors foreign products at the expense of times the IRS’ applicable federal rate over a brating the memory and sacrifice of these U.S.-made products. Regrettably, that is the 60-day period. The PTA was crafted with sim- brave Americans by co-sponsoring H.R. 157. case with respect to distilled spirits. As mem- plicity in mind. The elements of the formula f bers of the Committee on Ways & Means, are easily verifiable and understandable by the both Mr. NEAL and I have worked for some- wholesaler and the IRS, and the formula re- CELEBRATING REVEREND time to correct this inequitable situation. sults in an accurate overall measure of the un- CHARLES W. SPRINKLE Current law allows wholesalers of imported equal float costs. In addition, unlike the ‘‘All-in- spirits to defer the federal excise tax (‘‘FET’’) Bond’’ proposal, this bill does not change the HON. CHARLES H. TAYLOR on such products until they are removed from current FET collection system. OF NORTH CAROLINA a custom bonded warehouse for sale to a re- Mr. Speaker, I urge my colleagues to join IN THE HOUSE OF REPRESENTATIVES tailer. In contrast, the FET on U.S. produced me in this effort to eliminate the unequal tax spirits is paid ‘‘up front’’ by the distiller, and Thursday, May 24, 2001 treatment imposed on U.S. produced distilled passed along to the wholesaler when he pur- spirits. The PTA is a simple and targeted solu- Mr. TAYLOR of North Carolina. Mr. Speak- chases product. Custom bonded warehouses tion, which addresses the problem. I look for- er, today I rise to commend and celebrate the cannot be used for domestic product, only that ward to the passage of this important legisla- life and Golden Anniversary Celebration for imported from another country. This means tion so that we can ensure our domestic sup- Reverend Charles W. Sprinkle who has that the FET on U.S. produced spirits must be pliers are not penalized by the tax code. pastored Glady Baptist Church in Candler, carried by the wholesaler as part of his inven- f North Carolina for fifty years. tory for as long as it takes to sell that product Reverend Sprinkle was born and reared in out of his warehouse. HONORING THE CAREER OF JERRY Madison County, North Carolina, son and Couple this disparity in time of payment with BAXTER grandson of pastors. He was the sixth child of the fact that distilled spirits are the most highly fourteen, five of whom are also pastors. Fol- taxed of all products, and you begin to under- HON. SCOTT McINNIS lowing his graduation from Marshall High stand the seriousness of the problem. At OF COLORADO School, Reverend Sprinkle completed a tour of $13.50 per proof gallon, the FET represents IN THE HOUSE OF REPRESENTATIVES duty with the Navy. virtually 40 percent of the average whole- Thursday, May 24, 2001 He was called to preach in October 1950. saler’s inventory cost. To make matters worse, New Morgan Hill Baptist Church licensed Rev- it takes an average of 60 days to sell this in- Mr. MCINNIS. Mr. Speaker, I would like to erend Sprinkle on June 20, 1951 and ordained ventory to a retailer. The bottom line is that take a moment to honor a man that has spent him on July 29, 1951. In May 1951, he was U.S. tax policy favors the sale of imported much of his life improving the quality of life for asked by Glady Baptist Church to preach and spirits and creates a significant financial bur- others. Mr. Jerry Baxter has spent the last 27 asked to be their pastor in June of the same den for wholesalers of domestic spirits—most years of his life entertaining the guests at the year, fully a half a century ago. Reverend of which are small, family-owned businesses Bar D Chuckwagon in Durango, Colorado. Sprinkle remains at Glady Baptist today. operating within a single state. This year, in the Bar D’s 33rd season, Jerry Pastor Sprinkle says that he received his For the past ten years, the wholesale tier of has announced that he will be leaving for a training with his head buried in the Bible while the licensed beverage industry has advocated job as a wrangler in Jackson, Wyoming. As he CONGRESSIONAL RECORD — Extensions of Remarks E935 does, I would like to take this opportunity to and Bronze Stars. Matt Urban’s bravery and Israel cannot sit idly on the sidelines while honor him. valor earned him virtually every combat medal, its people pay the ultimate price for the Pal- Jerry has contributed to the Durango com- as well as the nickname ‘‘the Gray Ghost,’’ estinian leadership’s opting for confronta- tion over reconciliation. Palestinian leaders munity his entire life. His friends and family from the German army. and militias consider violence to be an effec- would most likely describe Jerry as a bit of a While there are many stories of Matt tive tool in promoting a unilateral solution character. When Jerry was only seventeen he Urban’s feats, his heroism upon the D-Day In- to a conflict which Israel believes can only managed to make it on to the Paul Harvey vasion is typical of the battlefield leadership he be addressed via bilateral negotiation. show with his comedic tale of an experience exhibited during his time with the 60th Infantry Palestinian gunmen purposely select tar- he had as a volunteer firefighter. Jerry gained Regiment, 9th Infantry Division. Then-Lieuten- gets with the intention of maximizing car- nage and shock value. Suicide bombers and this honor by starting a fire on his way to fight ant Urban, despite a broken leg suffered dur- explosive devices containing nails and shrap- a fire. On his way to the grass fire in ing his landing on Omaha Beach, led an at- nel are employed in densely populated civil- Hermosa, Colorado, Jerry forgot to release the tack on German positions from the top of a ian areas. Israeli children and adults are emergency brake, causing the brake pads to tank, which not only saved his men trapped on maimed and murdered while shopping at the catch fire and fall off. This in turn ignited a fire the beach, but also drove the enemy off their mall or riding on the bus. at the Aspen Rose Campground, which ex- positions and off the beach. Israel, forced to defend itself, undertakes Lt. Col. Matt Urban, an American hero, operations designed to hamper further ter- ceeded the size of the Hermosa fire, requiring ror, striking only against those actively in- more men to extinguish it. passed away on March 20, 1995, as a result volved in violence. For the most part, Israeli Jerry will be fondly remembered by the nu- of complications from a collapsed lung brought reprisals against those initiating terror merous guests who have been privileged to on by one of his seven war wounds. He was strikes are extremely accurate. However, enjoy his show. Jerry’s baritone voice is well laid to rest in Arlington National Cemetery, a sometimes unintended consequences have re- loved at the chuckwagon and will be greatly hero’s honor, well-deserved. grettably occurred. There have even been instances when chil- missed. The Bar D originally hired Jerry to Mr. Speaker, on Thursday, May 31, 2001, the man once dubbed ‘‘The Hero We Nearly dren have been injured. In the vast majority work in their kitchen, but he quickly became a of cases, this takes place when Palestinian well-loved voice on the stage. Jerry speaks Forgot’’ will be remembered by his hometown children are intentionally used as human highly of the community that has shown him of Buffalo, New York, when the Lt. Col. Matt shields serving as buffers for gunmen firing such great support over the years. When Jer- Urban Monument Fund presents a day of ac- upon Israeli targets. Remember that the ry’s father passed on, and he was brought to tivities to honor and remember his bravery, Israeli army is no longer deployed in Pales- tears during his rendition of ‘‘How Great Thou valor and service; and I ask that this Con- tinian populated areas. In order for stone- gress, while pausing in memory of all those throwing children to be within close prox- Art,’’ the community reached out to this man imity to Israeli forces, they have to be con- that they love. While grateful for his friendship, who have fallen in defense of freedom and lib- sciously transported to such locations by the Durango community will be sorry to see erty, join me in a special salute to our nation’s their elders. Jerry leave. most decorated combat veteran, Lt. Col. Matt Despite this brutal tactic, Israeli forces do Mr. Speaker, the State of Colorado is fortu- Urban. their utmost to prevent casualties. Trag- nate to have citizens like Jerry Baxter within f ically, a totally innocent child, five-month- old Iman Haju, fell victim last week. She was one of its communities —someone who is will- CONFLICT IN THE MIDDLE EAST unintentionally killed in Israeli return fire, ing to go that extra mile for others. which was directed at positions used by a Colleaugues, on behalf of the Western Slope Palestinian mortar crew to bombard an of Colorado, we wish Jerry, his wife LaVerna HON. SUSAN DAVIS Israeli community just minutes earlier. and his children Justin, Shasta, Kyle and Kolt OF CALIFORNIA The fact is that terrorists have been con- all the best. The Durango community is fortu- IN THE HOUSE OF REPRESENTATIVES sistently launching mortars from civilian Thursday, May 24, 2001 sites such as school yards and apartment nate to call Jerry a friend. buildings. By contrast, Palestinian militants f Mrs. DAVIS of California. Mr. Speaker, as have routinely and specifically targeted we all reflect on the grave situation in the Mid- Israeli children. Shalhevet Pass, a 10-month- HONORING AMERICA’S MOST dle East, I commend to all my colleagues the old Israeli girl, was spotted, fixed and then DECORATED COMBAT VETERAN, following OpEd piece published in the May 18, shot in the head by a Palestinian sniper in LT. COL. MATT URBAN 2001 San Diego Union Tribune. March. In the past week, two 13-year-old Israeli boys were brutally stoned to death, NEGOTIATIONS CAN STOP BLOODSHED and their bodies mutilated by terrorists HON. THOMAS M. REYNOLDS (By Yuval Rotem) while hiking in a riverbed close to their OF NEW YORK Since the days of Sir Isaac Newton school- homes. IN THE HOUSE OF REPRESENTATIVES children have been taught that for every ac- These are not cases of unintentional civil- ian causalities. These and other Israeli chil- Thursday, May 24, 2001 tion there is a reaction, and that there is an axiomatic distinction between cause and ef- dren were slain because their Palestinian executioners found them to be useful targets. Mr. REYNOLDS. Mr. Speaker, as our entire fect. This truth applies both to the world of Such heinous actions do not arise in a vacu- nation pauses to honor its fallen heroes, our physics and to today’s conflict in the Middle um. Memorial Day Observance has long held a East. Since the Palestinian rejection of the pro- For over eight months, the citizens of special significance in my Congressional dis- posals offered by former Prime Minister trict. That’s because, in 1865, the village of Israel have been confronted with a virulent Barak and President Clinton, the Palestinian Waterloo, New York, became the first commu- campaign of violence and terror. Israel, like Authority has carefully orchestrated a cam- any other nation, has a right and obligation paign of hatred and incitement through its nity in America to set aside a day of remem- to react in order to protect the lives of its brance for those who made the ultimate sac- official newspapers, television and radio sta- citizens. The legitimacy of self-defense is a tions, its schools and religious institutions. rifice in service to their country, and has since foundation of international law and of the Palestinian Authority spokesmen have been officially recognized as the birthplace of United Nations Charter. praised violence and suicide bombings. The our modern Memorial Day holiday. That both Israelis and Palestinians have Palestinian Authority has freed known ter- Even with this proud history, this year’s Me- suffered due to the current uprising, there rorists from prison, and official Palestinian morial Day will have an even greater signifi- can be no doubt. Yet while it may be easy to police and security forces have joined in at- cance in our area of the country. That’s be- assign equal blame to the two sides, there is tacks upon Israeli civilians with impunity. in truth no equivalence between the actions Palestinians have employed illegal mortars cause on Thursday, May 31, 2001, we will pay of Palestinian terrorists and the reaction of special tribute to the most decorated combat and anti-tank weapons against Israeli com- the Israelis whom they target. munities, and heavy arms such as Katyusha veteran in American history, Lt. Col. Matt If Chairman Yasser Arafat and other Pales- artillery rockets and shoulder-fired anti-air- Urban. tinian leaders were to call for a cessation of craft missiles are now being smuggled into When President Jimmy Carter presented Lt. shootings and bombings, an end to the vio- Palestinian territory. Col. Urban with the Congressional Medal of lence would be well within reach. No such The Palestinian leadership is doing noth- Honor, 35 years after his heroic feats in World calls have been issued, and the Palestinians ing to prevent further escalation of violence, continue to shoot, and Israel is compelled to War II, the President described him as ‘‘The and the people of Israel are wondering just react. That anyone is killed is unjustifiable, exactly what the Palestinians are trying to Greatest Soldier in American history.’’ Born in but sometimes it is forgotten who exactly achieve. August of 1919 in Buffalo, New York, Matt started the shooting, and who continues to An end to the occupation? Some 98 percent Urban received 29 awards and decorations, deem indiscriminate killing as a legitimate of Palestinians already live under Pales- including seven purple hearts, and the Silver bargaining chip. tinian control. Statehood and independence? E936 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 It was offered and rejected. An end to check Reverend Smith Jr.’s activism is not bound- INTRODUCTION OF THE ACT TO points? More territory? It was offered and re- ed by the City of Oakland. He has led a study LEAVE NO CHILD BEHIND jected. Not only were all attempts to genu- tour and has participated in peace discussions inely settle the conflict rejected out of hand, but the Palestinians responded to them—in- in Israel and Palestine. He has traveled to HON. GEORGE MILLER stead of with counter-proposals for peace— London to be a keynote speaker for the Pro- OF CALIFORNIA with intifada, jihad and terror. gressive Baptist Churches of the United King- IN THE HOUSE OF REPRESENTATIVES The current confrontation is one which dom. He has traveled to Western Africa and Thursday, May 24, 2001 Israel neither sought nor initiated, and still, China on a cultural exchange mission. Mr. GEORGE MILLER of California. Mr. there is no desire for punishment and re- Reverend Smith Jr. has received numerous venge. There is no wish to suppress or re- Speaker, I am pleased to submit to my col- press anyone. What point does it serve? awards and has received worldwide recogni- leagues in the House the Act to Leave No Negotiation and education for peace are tion for his advocacy for social, political and Child Behind. Today I am joined by the gentle- the only means forward, and hopefully a economic justice. He has often been quoted woman from Connecticut, Ms. DELAURO, and meaningful resumption of dialogue can begin by the media for his wisdom on particular the Gentleman from California, Mr. STARK, in again soon. In the meantime, the Palestinian issues. announcing its introduction. leadership must be made to understand that An Act to Leave No Child Behind has ambi- terrorism and bloodshed cannot exist side by On a personal level, I have relied on Rev- side with diplomacy. erend Smith, Jr.’s insights on the major issues tious but achievable goals: to eliminate child The path of violence was supposed to have confronting the human family for several dec- poverty, end child hunger, prepare children to been forever abandoned on Sept. 13, 1993, ades. His clarity, his wisdom and his vision enter school ready to learn, and provide chil- when Chairman Arafat shook the hand of have meant so much to me and my prede- dren with health insurance and other vital Israel’s late Prime Minister Yitzhak Rabin, cessor, Congressman Ronald V. Dellums. It is services necessary for the successful develop- and pledged in word and in writing to for- with a deep sense of gratitude and a profound ment of America’s children. Our bill is a road swear achieving his goals by the sword. sense of love and affection for Reverend map for the safe and healthy development of Though that day over seven years ago seems Smith, Jr., his wife, Mrs. Elaine Smith, and his America’s children. so remote, it must continue to guide all sides America must make a choice when it comes even now. entire family that I wish him well, good luck Terror will not bring the Palestinian peo- and God’s blessings as he embarks upon the to the future of our neediest children. We must ple what they desire. They will not be able to next chapter of his life. choose whether we will invest in the healthy development of our children or in the richest gain through violence what they could not I proudly join Reverend Smith’s family, gain through negotiation. Only a return to one percent of taxpayers in this country. We talks and moderation can bring a mutually friends and colleagues in thanking and salut- cannot do both. This bill represents a vision acceptable settlement for both sides. ing him for his years of service and commit- and a commitment toward a future where all Rotem is consul general of Israel to the ment to improving the human condition. children have a chance to succeed. southwestern United States. Thank you Reverend Dr. J. Alfred Smith, Jr.! An Act to Leave No Child Behind, combines f several pieces of legislation that could be f acted upon separately at the appropriate time. HONORING REVEREND DR. J. Taken together, however, this bill moves us ALFRED SMITH, JR. HONORING ROGER P. PETERS forward on the path where all children have quality health care, educational opportunity, HON. BARBARA LEE quality child care and safe communities. This OF CALIFORNIA HON. SCOTT McINNIS legislation provides every child and their par- IN THE HOUSE OF REPRESENTATIVES OF COLORADO ents with health insurance, lifts every child from poverty through tax credits, work sup- Thursday, May 24, 2001 IN THE HOUSE OF REPRESENTATIVES ports, and a new minimum wage, and ends Ms. LEE. Mr. Speaker, I rise today to honor Thursday, May 24, 2001 child hunger through the expansion of food and salute Reverend Dr. J. Alfred Smith, Jr. programs. This bill makes sure every child is for his many years of service to Allen Temple Mr. MCINNIS. Mr. Speaker, I stand before ready for school by fully funding quality early Baptist Church and the City of Oakland. you today to pay respects to a long time pro- learning programs, and offers significant re- As the Co-Pastor of Allen Temple Baptist fessor at Fort Lewis College in Durango, Colo- forms for our system of public education that Church, Reverend Smith Jr. helped lead the rado. Roger Peters passed away on May 13, increases accountability, reduces classroom Allen Temple Family to new heights with its 2001 from a battle with cancer. Family, size, and guarantees that all children will be spiritual, social and economic justice agenda. friends, students and faculty will truly miss one taught by qualified teachers in modem and He has exemplified, in a magnificent way, of Ft. Lewis College’s best professors. safe classrooms. This legislation also address- steady, enlightened and inspirational leader- Roger was born on October 29, 1943, in es the issue of affordable housing and safe ship. Washington, DC. He graduated from the Uni- communities through sensible environmental Reverend Smith Jr. has a Bachelor of Arts versity of Chicago in 1965 with a bachelors protections, gun safety laws, and programs to degree in Social Services and African Amer- degree in political science. After graduation, reduce children’s exposure to neglect, abuse, ican Studies from Antioch University. He has he volunteered for the Peace Corps and and violence. also earned his Master in Divinity from the served as a science teacher in Liberia. ‘‘He I am so proud to have working with me on Graduate Theological University and a Doctor loved his life. He was a really happy person,’’ this legislation, my friend Senator CHRIS- of Ministry from San Francisco Theological said Arden Peters, his daughter. ‘‘He taught TOPHER DODD (D–CT) and the Children’s De- Seminary. everyone he knew so much. He was a re- fense Fund. Despite President Bush’s use of While pursuing his graduate degrees, he markable friend and the best father.’’ the term, it was in fact the Children’s Defense was an instructor at San Francisco State Uni- Fund that trademarked the phrase ‘‘Leave No versity, U.C. Berkeley, the Pacific School of For more than a quarter of a century Roger Child Behind’’ in 1994. And it has been justi- Religion, and the Allen Temple Leadership In- was a psychology professor at Ft. Lewis Col- fied in using it ever since as it has waged a stitute. Reverend Smith, Jr. has educated stu- lege. Roger was an enthusiastic teacher who relentless battle to knock America’s political dents about Black Religion, Black Philosophy, would light his students up with excitement establishment to its senses on behalf of our African American Children and Their Families, ‘‘Students would be infected with his enthu- neediest children. This bill is the real deal—it the Mission of the Church and Church Admin- siasm,’’ said Alane Brown, and associate pro- is the real Act to Leave No Child Behind. It istration of Social Justice. fessor of psychology. According to Byron addresses the most important issue facing our Aside from his role as an educator, he has Dare, a friend and fellow professor, Roger was country—the children who have been and con- played a pivotal role in contributing to the bet- the epitome of a professional and was a multi- tinue to be left behind. We understand that our terment of the City of Oakland. He has served dimensional person with numerous interests. bill is asking for a significant commitment in as an Urban Employment Analyst in the Office Roger Peters will be missed by everyone federal resources to help children. But we of Economic Development and Employment; that knew him. He made an impact on his think that is the right direction for us to take. he has worked with the Oakland Crime Pre- family, friends, and his students. Mr. Speaker, We also strongly believe that we have the re- vention Unit; he has served on the advisory I would like Congress to join me honoring sources for this effort. And, perhaps most im- board for fair housing; and he has been an Roger for all he has done for students at Fort portant, we understand that the continued ne- advocate for the homeless. Lewis College and his family. glect of the real needs of children has come CONGRESSIONAL RECORD — Extensions of Remarks E937 at a great price and will continue to cost our Woman?’’ speech. It is appropriate to honor cause Christ wasn’t a woman! Where did your society—and these children—dearly. her work and her legacy on the 150th anniver- Christ come from? From God and a woman! Mr. Speaker, I urge Members of the House sary of that remarkable speech. It is especially Man had nothing to do with Him. to join me and co-sponsor the Act to Leave appropriate to do so in the city where she de- ‘‘If the first woman God ever made was No Child Behind. livered it. strong enough to turn the world upside down A friend of mine, the late Faye H. Dambrot, f all alone, these women together ought to be a leading advocate of rights for women, equal- able to turn it back, and get it right side up HONORING FORMER ity, and justice, wrote a testimonial to So- again! . . .’’ CONGRESSMAN PAUL G. ROGERS journer Truth and her famous speech, which I Frances Gage tells her recollection of the am honored to submit for the RECORD. crowd’s reaction. She says, ‘‘Amid roars of ap- HON. E. CLAY SHAW, JR. Born the slave Isabella Baumfree in 1797 in plause, she returned to her corner, leaving Ulster County, New York, this articulate more than one of us with streaming eyes, and OF FLORIDA woman with her commanding voice and im- hearts beating with gratitude. She had taken IN THE HOUSE OF REPRESENTATIVES posing stature began her career by preaching us up in her strong arms and carried us safely Thursday, May 24, 2001 and lecturing against slavery after the New over the slough of difficulty, turning the whole York emancipation laws of 1827 were passed. Mr. SHAW. Mr. Speaker, I rise today to rec- tide in our favor. I have never in my life seen Deeply religious and mystical, she chose the anything like the magical influence that sub- ognize former Congressman Paul G. Rogers name Sojourner Truth to reflect her commit- who will be honored on June 12th by the dedi- dued the mobbish spirit of the day, and turned ment to travel widely and spread the truth to the sneers and jeers of an excited crowd into cation of the Paul G. Rogers Plaza at the Na- her audiences. During her extensive journeys tional Institutes of Health. This occasion is a notes of respect and admiration. Hundreds through the North and Midwest, she spoke of rushed up to shake hands with her, and bid tribute to Paul’s accomplishments in the fields having been beaten, raped, and forcibly sepa- of health and the environment. her Godspeed on her mission of testifying rated from her children and other loved ones again concerning the wickedness of this here Paul G. Rogers was elected to Congress in under slavery. people.’’ 1954 where he represented South Floridians In addition to her ministry and ardent aboli- Mr. Speaker, in standing up for her beliefs, living in Palm Beach and Broward Counties for tionism, Sojourner soon embraced the cause Sojourner Truth became a role model for all twenty-four years. Paul was a well-respected of women’s rights, knowing well the double Americans, not just women or people of color. Member of Congress who was known as a yoke of racism and sexism which bound black Sojourner Truth was the living embodiment of man of integrity. He is recognized and has women. She worked to raise money for the the basic American tenet that each and every been widely honored for his sponsorship of North during the Civil War, helped emanci- individual has intrinsic worth. numerous pieces of legislation in the areas of pated blacks find jobs and housing in Wash- As historian David McCullough reminds us, health and the environment including the Na- ington, D.C., and even struggled against seg- history didn’t have to happen the way it did. tional Cancer Acts of 1971 and 1977 and the regation by her insistence on riding public History is created by the actions of far-sighted Clean Air and Water Act. This legislation has street cars. men and women like Sojourner Truth. saved the lives of countless Americans and She supported herself through the sale of improved the quality of life for all Americans. her autobiography, My Narrative, and counted f As Chairman of the House Committee on Abraham Lincoln, Lucretia Mott, Susan B. An- ASIAN PACIFIC AMERICAN Health and the Environment, Paul used his thony and Frederick Douglass among her HERITAGE MONTH broad knowledge and deep understanding of friends. Sojourner Truth continued her life of health and environmental issues to build a struggle and agitation until ill health forced her consensus of opinion in favor of Congres- retirement. She died near Battle Creek, Michi- HON. HILDA L. SOLIS sional action in these areas. In fact, he is gan on November 26, 1883. OF CALIFORNIA often referred to as ‘‘Mr. Health.’’ Paul was al- Sojourner was not a welcome speaker at IN THE HOUSE OF REPRESENTATIVES ways more interested in results than in par- Akron’s Women of Ohio Convention, many Thursday, May 24, 2001 tisan politics and therefore was able to move women present feared the cause of aboli- Ms. SOLIS. Mr. Speaker, May is the month widely supported bipartisan legislation. His ac- tionism would be detrimentally linked to the our nation honors Asian Pacific American Her- complishments are a legacy that demonstrates suffrage struggle and urged the chairwoman, itage. As the Representative of a very eth- what can be done in Congress if we work to- Frances Gage, to prevent her addressing the nically diverse community, I would like to take gether for the public good. Today I have the crowd. The assembled local clergymen were this opportunity to recognize those in my Con- privilege of representing parts of Paul’s district swaying those present with their declarations gressional district who come from Asian de- and am trying to follow the trail that he blazed about the natural superiority of man, Eve’s scent. in these important areas. ‘‘original sin,’’ the manhood of Christ, and the About 11 million Americans come from The Paul G. Rogers Plaza at the National deference and privilege She intoned, ‘‘Well children, where there is Asian or Pacific Island descent. Many Asian Institutes of Health honors this outstanding immigrants came to this country as laborers in American, and my friend, Paul Rogers. I hope so much racket there must be something out of kilter . . . But what’s all this here talking the agriculture and transportation industries. that the work done at this Plaza will be worthy First enduring harsh working conditions in the of the name it has been given. about? ‘‘That man over there say that women earlier part of the nineteenth century, many f needs to be helped into carriages, and lifted Asian Pacific Americans have now become successful entrepreneurs, teachers, enter- SOJOURNER TRUTH over ditches, and to have the best place ev- erywhere. Nobody ever helps me into car- tainers, and technological professionals. In riages, or over mud-puddles, or gives me any fact, our U.S. Congress has been home to 32 HON. TOM SAWYER best place!’’ elected Members of Asian ancestry since OF OHIO She drew herself up to her full height, and 1903. IN THE HOUSE OF REPRESENTATIVES with a voice like rolling thunder continued. I would like to acknowledge the achieve- ments of a specific young woman in my dis- Thursday, May 24, 2001 ‘‘And ain’t I a women? Look at me! Look at my arm! . . . I have ploughed, and planted and trict who has made a great contribution to the Mr. SAWYER. Mr. Speaker, on May 29, we gathered into barns, and no man could head United States Air Force, the City of Baldwin will celebrate the legacy of the famed aboli- me! And ain’t I a woman? I could work as Park, and the Filipino community. Lieutenant tionist and feminist, Sojourner Truth. She was much and eat as much as a man—when I Venus C. Rivera is the first person from Bald- born Isabella Baumfree, as a slave. She es- could get it—and bear the lash as well! And win Park with Filipino American parents to caped slavery and adopted the name So- ain’t I a woman? I have borne 13 children, and graduate from the United States Air Force journer Truth when she began preaching seen them most all sold off to slavery, and Academy. This Dean’s List honor student will across the nation. when I cried out with my mother’s grief, none be trained as a jet pilot upon her graduation It was in Akron, Ohio, at the Second Annual but Jesus hear me! And ain’t I a woman . . .? this month. I know she will continue to serve Women of Ohio Convention on May 29, 1851, ‘‘That little man in black there, he say as an inspiration to all young Asian Americans that she delivered her powerful ‘‘Ain’t I a women can’t have as much rights as men, be- in the United States. E938 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 Asian Pacific Americans bring a richness to HONORING RICHARD A. LUOMA THE FEDERALIZATION OF CRIMES our culture, adding diversity in language, cui- UNIFORM STANDARDS (FOCUS) sine, religion, and art. I am proud that our ACT country takes this month to honor the heritage HON. JOSEPH M. HOEFFEL of this particular group. However, the diversity OF PENNSYLVANIA HON. DONALD A. MANZULLO of all races and cultures must be something IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS that we remember and respect every day. This IN THE HOUSE OF REPRESENTATIVES Thursday, May 24, 2001 will help promote racial tolerance so future Thursday, May 24, 2001 generations can build a world that benefits Mr. HOEFFEL. Mr. Speaker, I rise today to Mr. MANZULLO. Mr. Speaker, almost one from the ethnic contributions of all cultures. congratulate Richard A. Luoma upon his re- year ago, to the day, I introduced the Fed- tirement from the Hatboro-Horsham School eralization of Crimes Uniform Standards f District in Montgomery County, Pennsylvania (FOCUS) Act. I rise today, to re-introduce that after 29 years of dedicated service. legislation. TRIBUTE TO WORLD WAR II Dick graduated from Fitchburg State College VETERAN MIKE LUCERO The bill lays out what the appropriate Fed- where he received a Bachelor of Science de- eral activity—response—is to an offense gree and went on to an advanced degree from against the Federal Government. Under the HON. SCOTT McINNIS Boston University. He first taught math and bill, Section 6, an offense, or federal crime, is science at Groton Middle School in Concord, an activity with respect to which a clear need OF COLORADO Massachusetts and later he was promoted to for uniform Federal law enforcement exists. Assistant Principal. Following his move to IN THE HOUSE OF REPRESENTATIVES This includes an activity that involves conduct Montgomery County in 1972, Dick became the of an interstate or international nature, or of Thursday, May 24, 2001 principal at Keith Valley Middle School and such magnitude or complexity that a State act- Loller Middle School. He was promoted to the ing alone cannot carry out effective law en- Mr. MCINNIS. Mr. Speaker, I am extremely position of Assistant to the Superintendent in forcement with respect to that conduct; or, that proud to rise today to honor a very special charge of Curriculum and Instruction and fi- involves conduct of overriding national inter- man—World War II Veteran Mike Lucero, a nally Assistant Superintendent in Hatboro- est, such as interference with the exercise of resident of Montrose, Colorado. During his Horsham. constitutional rights. The criminal conduct time with the Armed Forces, Mike was sta- He has been a dedicated citizen of his com- must be an offense directly against the Fed- tioned in the South Pacific. And what he didn’t munity as well. Dick has been a member of eral Government, including an offense directly know is that he and his fellow soldiers were the Horsham Rotary for 28 years and has also against an officer, employee, agency or instru- about to change the course of history. Be- served as president and secretary of that or- mentality of the Federal Government. cause of what Mike did during World War II, ganization. He has been active in politics for The idea behind this is to set a standard I would like to thank him for his bravery and the Republican Party in Towamencin Town- definition to what constitutes a federal crime. courage on behalf of Congress. ship. An avid golfer, Dick was president of the The current method seems to be that a federal Men’s Golf Association at Oak Terrace Coun- crime is whatever Congress deems it to be, On December 1, 1942, at the age of 19, try Club and continues to serve on the Board without any true consideration of the constitu- Mike left the small town of Cuba, New Mexico of Directors at the Talamore Golf and Country tional issues involved. Therefore, under the for the open water of the South Pacific. ‘‘My Club. current methods, political will is the only thing country needed me. I had to go,’’ said Mike. I am honored to recognize Richard A. that keeps us from federalizing crime. Political At dawn on June 15, 1944, Coxswain Third Luoma and his long and productive career weakness in the face of media sound bite criti- Class Lucero maneuvered his landing craft dedicated to our children. He has never cisms, forces Congress to act again and again along side the USS Livingston, where mem- wavered in his belief that our youth are our fu- to federalize crime—even when there is noth- bers of the 2nd Marine Division boarded his ture. ing but rhetoric to suggest that ‘‘something LCVP. must be done!’’ to fight crime. They were headed toward Saipan, which is f Sometimes less is better. It’s high time that the northernmost of the southern four Islands Congress takes a serious look at the fed- in the Marianas 3,200 miles northwest of Pearl PERSONAL EXPLANATION eralization of crimes in the United States. The Harbor and 1,500 miles from Manilla. Over State and Federal Courts together comprise an intertwined system for the administration of 29,000 Japanese troops waited and guarded HON. BOB CLEMENT justice in the United States. The two courts the narrow beaches of Saipan. Mike’s job was OF TENNESSEE systems have played different but equally sig- to land Marines on the shore. ‘‘The bullets zip- IN THE HOUSE OF REPRESENTATIVES nificant roles in the Federal system. However, ping into the water looked like raindrops hitting the State courts have served as the primary a puddle. They were striking on both sides of Thursday, May 24, 2001 tribunals for trials of criminal law cases. my boat,’’ said the 79-year-old as he recalled The Federal Courts have a more limited ju- Mr. CLEMENT. Mr. Speaker, on rollcall vote the battle. ‘‘They gave us the order to land risdiction than the State Courts with respect to No. 146, I was unavoidably detained on official over a loud speaker and we headed for shore. criminal matters because of the fundamental business. Had I been present, I would have There were bodies floating in the water.’’ constitutional principle that the Federal gov- voted ‘‘yea’’. Mike delivered 8,000 Marines on Saipan’s ernment is a government of delegated power in which the residual power remains with the beach in less than an hour. It was the begin- f ning of one of the bloodiest fights in the Pa- States. In criminal matters, the jurisdiction of cific. On the shore looking at all the Americans PERSONAL EXPLANATION the Federal Courts should compliment, not coming toward him was the man who pulled supplant, that of the State Courts. the trigger on the surprise attack on Pearl Har- The 1999 Year-End Report on the Federal bor, Vice Admiral Chuichi Nagumo. After the HON. DAVID VITTER Judiciary shows how its caseload has grown: battle, almost 29,000 Japanese had been OF LOUISIANA One hundred years ago, there were 108 au- thorized federal judgeships in the federal ju- killed. The Marines, the 27th Army Infantry IN THE HOUSE OF REPRESENTATIVES diciary, consisting of 71 district judgeships, and the Navy were victorious. Mr. Speaker, it Thursday, May 24, 2001 28 appellate judgeships, and 9 Supreme Court is with great appreciation that I ask Congress Justices. Today, there are over 850—includ- to recognize and honor Mike Lucero for all Mr. VITTER. Mr. Speaker, due to an airline ing 655 district judgeships, 179 appellate that he did for this country in World War II. delay on Monday, May 21, 2001, I was unable judgeships and 9 Supreme Court Justices. In Mike was just a boy when he was thrust into 1900, 13,605 cases were filed in federal district to be present for rollcall vote No. 126, the vote courts, and 1,093 in courts of appeals. In 1999, battle, but his bravery and the bravery of on H. Con. Res. 56, expressing the sense of over 320,194 cases were filed in federal dis- those who fought and died for this country will the Congress regarding National Pearl Harbor trict courts, over 54, 6000 in courts of ap- forever be etched in our minds. Mr. Speaker, Remembrance Day. If I were present, I would peals, and over 1,300,000 filings were made in I proudly salute Mike for all he has done. have voted ‘‘yea’’. bankruptcy courts alone. CONGRESSIONAL RECORD — Extensions of Remarks E939 It is apparent that some growth of the fed- states are the very same people that elect us Mr. Speaker, we need to act. The Judiciary eral court system should occur over time due all to Congress. They can take control of what has made subtle and not so subtle pleas for to increases in population. But what also has is happening in their states and compare out- Congress to refrain from and restrain its grown substantially is the scope of federal ju- comes with 49 other state jurisdictions (not to penchant to federalize the criminal code. For risdiction. Federalization of the states criminal mention the District of Columbia and the terri- example, last year in a decision concerning codes is something that politicians, especially tories). With a federal system, will we ulti- the Violence Against Women Act, the Chief here at the federal level, cannot seem to help mately move to a single federal criminal code? Justice writes, but engage in from time to time. It has been It would appear that way. It may not happen [t]he Constitution requires a distinction be- over time, in response to criminal concerns this year, this decade or even this century. tween what is truly national and what is nationwide, that Congress has again and However, over the course of time, the trend in- truly local, and there is no better example of again federalized crimes in the name of fight- deed is moving that way. the police power, which the Founders unde- ing crime and protecting the nation’s populace. This bill is a common sense approach to niably left reposed in the States and denied But, is the federalization of crime really an checking the Congress’ penchant for federal- the central government, than the suppres- sion of violent crime and vindication of its izing crimes. It sets guidelines for Congress, antidote for our nation’s crime problems? Is it victims. Congress therefore may not regulate really proper to federalize crime so politicians which will certainly debate crime again in the noneconomic, violent criminal conduct based can ‘‘prove’’ their effectiveness? These are im- legislative branch. The standards state that no solely on the conducts’ aggregate effect on portant questions that must be asked. We all federal criminal legislation shall be enacted interstate commerce. [U.S. v. Morrison et al. must look in the mirror and ask ourselves unless and until certain criteria are met: the decided May 15, 2000 (Syllabus)] whether there is a sound justification for hav- legislation must center on the core functions Clearly, there is a message in those words ing two parallel justice systems. discussed earlier; the States must be inad- about the federalization of crime. It is time that Americans should not be subject to dif- equately addressing the perceived need; the Congress heeds it. ferent, competing law enforcement systems, Federal Judiciary is able to meet the needs I look forward to working with my colleagues different penalties depending on which system without restructuring and without affecting effi- to move this important legislation. brings them to trial, and an ever-lengthening ciency; and, the bill includes a federal law en- possibility that they might be tried for the forcement impact statement. We pass bills all same offense more than once. the time to address certain needs. Let’s put f In 1999, the Senate Government Affairs the rhetoric to a test. TRIBUTE TO PFC BAMBI D. Committee held hearings on the issue of ‘‘con- The bill also sets up a Commission to Re- CHASTAIN trolling the federalization of crimes that are view the Federal Criminal Code. This commis- better left to state laws and courts to handle.’’ sion will review, ascertain, evaluate, report, The hearings were held in part as a response and recommend action to the Congress on the HON. SCOTT McINNIS to questions raised by Supreme Court Chief following matters: the Federal criminal code OF COLORADO Justice William Rehnquist regarding the fed- (Title 18) and any other federal crimes as to IN THE HOUSE OF REPRESENTATIVES eralization of criminal law. The hearings also compliance with the standards in this Act; rec- Thursday, May 24, 2001 focused on the American Bar Association’s ommend changes, either through amendment Task Force on the same issue. The Task or repeal, to the President and Congress Mr. McINNIS. Mr. Speaker, I stand before Force, which was chaired by former Attorney where appropriate to the offenses set forth in you today to ask Congress to join me in hon- General Edwin Meese, concluded that in order said criminal code (Title 18) or otherwise; and oring the memory of one of our young sol- to maintain balance in our Constitutional sys- such other related matters as the Commission diers. On May 15, 2001, PFC Bambi D. tem of justice, there must be a ‘‘principled rec- deems appropriate. Chastain passed away at the age of 21. ognition by Congress for the long-range dam- Also, for each piece of legislation passed Bambi was an exemplary soldier and a won- age to real crime control and to the nation’s out of congressional committees of jurisdiction derful daughter, sister and friend. She worked structure caused by inappropriate federaliza- that modify or add to federal criminal code, the hard at her job and took great pride in being tion.’’ commission must submit a report to Congress. a soldier. Although her family and friends will Some might suggest that this is a Repub- This report will be called a Federal Crimes Im- miss her, her memory will live on in those who lican’s attempt to weaken the laws of the land. pact Statement that shall be included in the loved her. Bambi died while on duty in the My reply is simply that federalization of crime reports filed prior to consideration by the field training. To her, duty came first. does not make anyone safer. Simply adding House and Senate. Bambi was born August 22, 1980 in San more laws to the federal code will not nec- The membership of the commission is im- Diego, California. She attended Central High essarily help the citizenry. On the contrary, it portant to consider. The bill calls for 5 ap- School, where she graduated in 1999. In Au- could end up hurting those we want to help. pointed members—1 each from both sides of gust of that same year she joined the United Consider that increased federalization has the aisle in the House and Senate, and one States Army. She attended the Advanced Indi- caused a significant case backlog in our fed- appointed by the Chief Justice of the United vidual Training at Fort Sam Houston, Texas. eral courts. Those people with cases pending States, who shall chair the Commission. This After she finished AIT, Bambi was assigned to in the federal system for things other than will bring a new, and much needed, dimension Charlie Company, 15th Forward Support Bat- criminal purposes are impacted. Their rights to to the debate. Under the bill, the commission talion, First Cavalry Division, Fort Hood, due process for fair hearings on their issues would be charged with obtaining official data Texas. In March of 2000 she began training are delayed. The rights of those who are directly from any department or agency of the for a rotation at the National Training Center criminal victims are often delayed, too, due to United States necessary for it to carry out this as part of the Quick Reaction Force. During the length of time it takes at the federal level section—unless doing so would threaten the her time with AIT she was awarded the MOS to hear a criminal case. The backlogs are real. national security, the health or safety of any 91B10 Combat Medic and was posthumously The delays are frustrating. Justice is not being individual, or the integrity of an ongoing inves- awarded the Good Conduct Medal and the served. tigation. Army Commendation Medal. Some might say, simply, let’s add more Finally, the bill would subject certain legisla- Bambi moved to Grand Junction to live with money so we can get these cases to trial. tion to a point of order—if it has not met the Dave and Verna Murphy, which would become Again, my response to that is: why should we conditions set out in the legislation. This would her new family. Recently she visited a group have two entirely parallel systems of justice in provide additional time for Congress to debate of foster kids in California, to offer hope and our country? Money is not the answer. Better the merits of legislation being considered. to let them know if you join the Army you get utilization of our constitutional system of fed- In effect, this bill is about considerate and a whole new family to love and care for you. eralism and separation of powers is a good appropriate debate for federalizing crime. It Mr. Speaker, PFC Bambi Chastain dis- place to begin. will help educate Congress to make more in- played great professionalism and selfless Let the states work their will. The Federal formed decisions that impact the daily lives of service while serving her country. She put her- Government doesn’t always have the best an- all of our constituents. It will help take some self second chair to her duty. She is a role swers. We effectively have 50 different con- of the politics out of the important issues that model for everyone that knew her. For that Mr. stitutional republics that can and do serve as we face with regard to protecting people from Speaker, she deserves and has earned the policy laboratories. The electorate in these crime. thanks and praise of Congress. E940 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 A TRIBUTE TO JOHN THOMAS Denis gave thirty-four years of dedicated of 1,057,620 motor vehicles were sold in the THORNTON, JR. service to the Natural Resource Conservation Republic of Korea, but only 4414 were im- Service. As an Area Conservationist in Santa ported and only 1268 were made in the United HON. SANFORD D. BISHOP, JR. Rosa, Denis worked extensively in the North States. As a result, American motor vehicles OF GEORGIA Coast counties that I represent. His leadership represented a pathetic 0.12 percent of all IN THE HOUSE OF REPRESENTATIVES in forming a coalition of local, private, state motor vehicle sales in Korea. and federal agencies to manage the Anticompetitive activities in Korea must Thursday, May 24, 2001 Mendocino County Tomki Watershed was in- stop. Threats of income tax audits on Koreans Mr. BISHOP. Mr. Speaker, last July I had an valuable in garnering support for such an in- who purchase foreign automobiles must opportunity to participate in a day of celebra- credibly important project in the 1st District of cease. Underhanded trade barriers must be tion and remembrance of the great contribu- California. lowered. Passage of this concurrent resolution tion to agriculture and the economy in general In addition, Denis provided tremendous as- will send a clear message to Korea that things made by the late John Thomas Thornton, Jr., sistance and guidance to those involved in the must change. of the community of Parrott, Georgia. If you viticulture industry in Napa and Sonoma coun- I encourage all of my colleagues to support are not familiar with the name, you are not ties. He was a pioneer in promoting local this effort to ensure fair trade and an open alone. Even in the area of southwest Georgia stewardship in the development of hillside ero- market for American motor vehicles in Korea. where he lived and farmed most of his life, sion control methods—these methods are the I look forward to working with colleagues to many people are not fully aware of his con- bedrock of the methods currently used by viti- ensure its passage. tribution, which impacts our lives even today. culturists around the nation. The personal in- f J.T. Thornton invented the peanut shaker, a tegrity that Denis showed in his daily work fa- PERSONAL EXPLANATION harvesting device that came into common use cilitated building a durable consensus of in the 1940’s. His invention revolutionized the stakeholders in our nation’s natural resources. peanut industry. By making the harvesting Denis was the consummate family man who HON. JOHN B. LARSON process faster and more efficient, the peanut enjoyed spending his time with a large ex- OF CONNECTICUT shaker contributed greatly to the economic tended family. He was married to his high IN THE HOUSE OF REPRESENTATIVES growth of our area of Georgia and, in fact, to school sweetheart, Sandi, for thirty-five years, Thursday, May 24, 2001 the country at large. and he was immensely proud of his three chil- Mr. LARSON of Connecticut. Mr. Speaker, Mr. Thornton spent some 40 years devel- dren, Wendy, Warren, and Amy. for Roll Call Vote No. 145, on final passage of oping and perfecting his invention. It was a His smile and good-natured sense of humor H.R. 1, I was present in the Chamber and en- magnificent achievement. The history of this that his family and friends knew so well helped gaged in the debate on this bill as indicated by achievement was beautifully presented in an him to establish trusted relationships while my previous vote on the Motion to Recommit essay written by a student from Parrott, working towards the admirable goal of sus- (Roll Call Vote No. 144) and subsequent vote Bonnie West, who won high honors when she taining America’s vital resources. Denis on the Motion to Instruct Conferees on H.R. entered the paper in the National History Day worked not only for the benefit of the people 1836. Although I intended to vote ‘‘aye’’ on competition. Her accomplishment helped re- of my district, but he has also been recog- final passage of this bill, my vote was not reg- vive community interest in Mr. Thornton’s in- nized across the country for his tremendous istered. I ask unanimous consent that this vention, which he called the ‘‘Victory Peanut contributions, including his term as State Con- statement appear immediately after Roll Call Harvester.’’ servationist for the Natural Resources Con- Vote No. 145 in the permanent CONGRES- The people of Parrott, including members of servation Service in Rhode Island. SIONAL RECORD. the Thornton family, are establishing a mu- Mr. Speaker, thank you for the opportunity f seum on the invention of the peanut shaker, to honor the many invaluable contributions and sponsored the day of celebration that in- Denis Nickel made to my district and the en- A TRIBUTE TO MR. JEFFERSON cluded a parade and a number of other tire nation. We would be fortunate to have STEPHENS, JR. events. It was an exciting and enjoyable day, more people of Denis’s integrity working to- and it helped bring wider recognition of what wards sustaining our natural resources for fu- HON. ADAM B. SCHIFF this native southwest Georgian achieved. ture generations. OF CALIFORNIA Although farmers did not have any more f IN THE HOUSE OF REPRESENTATIVES spare time back then than they do today, J.T. Thursday, May 24, 2001 Thornton somehow found the time to apply his LEGISLATION TO IMPROVE TRADE practical knowledge of farming, and his ex- RELATIONS IN THE AUTOMOTIVE Mr. SCHIFF. Mr. Speaker, I rise today to traordinary grasp of engineering and mechan- SECTOR BETWEEN KOREA AND honor Mr. Jefferson Stephens, Jr., who is retir- ics, to overcome all of the difficulties he must THE U.S. ing after more than twenty years as Head- have encountered until he produced some- master of the Chandler School in Pasadena, thing that raised the quality of life for countless HON. DALE E. KILDEE California. On June 16th, the school will cele- Americans. This is a story we are proud of in OF MICHIGAN brate Mr. Stephens’ career and the impact he southwest Georgia, and that can inspire other IN THE HOUSE OF REPRESENTATIVES has had on the lives of so many. The Chandler School was founded with a vi- Americans, especially our young people. Mr. Thursday, May 24, 2001 Speaker, it is, therefore, a story I want to sion to provide young students with innovative, share with our colleagues in Congress. Mr. KILDEE. Mr. Speaker, as co-chair of the inspired academic programs taught by caring, f House Auto Caucus with Congressman FRED dedicated faculty and staff. Under Mr. Ste- UPTON, I am introducing on our behalf a con- phens’ guidance, the Chandler School treats IN MEMORY OF DENIS NICKEL current resolution to express this Congress’ each child as an individual and strives to cre- support for improved trade relations in the ate an environment in which children develop HON. MIKE THOMPSON automotive sector between Korea and the self-esteem and self-discipline, as well as re- OF CALIFORNIA United States. A companion concurrent resolu- spect for their fellow students. As headmaster, IN THE HOUSE OF REPRESENTATIVES tion is being introduced by the Senate Auto Mr. Stephens, has expected high standards of Caucus co-chairs, Senator CARL LEVIN and behavior, courtesy, and academic perform- Thursday, May 24, 2001 Senator GEORGE VOINOVICH. ance from each child who has come to his Mr. THOMPSON of California. Mr. Speaker, For too long, Korea has kept its market school, and has fostered a scholastic atmos- I rise today to recognize the achievements of closed to United States automobiles and auto phere that encourages curiosity and creativity. Denis Gene Nickel, a man who led a life that parts. This must change. In addition to serving the academic commu- we can all admire and emulate. Denis devoted Up until 1990, Korea maintained a com- nity, Mr. Stephens has served as an associate his life to improving the world we live in, and pletely closed market, and it was not until pastor for the St. George’s Episcopal Church. he realized incredible success in his efforts to 1999, in the midst of economic crisis, that it He has also participated in a wide range of save our nation’s natural resources for future opened its market to all manufacturers. How- civic duties, by assisting as a member of the generations. He has left us with a legacy that ever, it has made every effort to continue to Tournament of Roses Association and serving demonstrates the power of partnerships and restrict foreign motor vehicles. This is best ex- on the board of directors for a community stewardship of our natural resources. emplified by the facts. In the year 2000, a total housing project. CONGRESSIONAL RECORD — Extensions of Remarks E941 Our community gives heartfelt thanks to Mr. Balance is the cornerstone of this bill. This from Ukraine’s cooperation with NATO to its Stephens for his lifelong commitment to edu- bill ensures a long-lasting balanced program relations with Israel to its current state of eco- cation and his ongoing dedication to public with the visionary and innovative approach of nomic development. The interview also pro- service. He is an asset to our community, and linking progress on water supply and water vides President Kuchma an opportunity to re- I want to thank Mr. Stephens for his years of quality with progress to the environment, and spond to some of the criticism recently leveled hard work and selfless dedication and con- with linking environmental progress to im- against him. gratulate him on a well-deserved retirement. provements in water supply and water quality. I ask that the article be printed at this point f This theme of balance is echoed throughout in the CONGRESSIONAL RECORD. the bill—there is balance in the structure for THE WATER ENHANCEMENT governance, balance in ecosystem/non-eco- [From the International Jerusalem Post, SECURITY ACT system programming, balance among the var- May 11, 2001] ious regions of the state and balance in fund- THE VIEW FROM KIEV HON. GARY A. CONDIT ing. UKRAINIAN PRESIDENT LEONID KUCHMA TALKS OF CALIFORNIA The bill is comprehensive and action-ori- ABOUT HIS COUNTRY’S RELATIONSHIP WITH IN THE HOUSE OF REPRESENTATIVES ented. This bill provides real, tangible improve- ISRAEL, THE SOMETIMES TROUBLED PAST OF Thursday, May 24, 2001 ments for the environment, water quality and ITS JEWISH COMMUNITY, AND ITS POLITICAL Mr. CONDIT. Mr. Speaker, I join with Mr. water supply throughout California. It commits AND ECONOMIC FUTURE CALVERT today in introducing the ‘‘Water En- to desperately needed additional surface and (By Thomas A. Rose) hancement Security Act’’. This bill is the cul- groundwater storage by authorizing water sup- Mr. President, thank you for agreeing to mination of almost one decade of work by the ply, water quality and flood control infrastruc- share your thoughts with our readers. Your Congress and the state Legislature, federal ture improvements for a system that hasn’t administration has come under increasing and state agencies and the California busi- seen any major improvements in over 30 criticism from opponents who accuse your ness community, agricultural and urban water years. It contains short-term water supply im- government of everything from failing to im- districts and environmental groups. provements for water users that rely upon plement meaningful economic reform to sup- For years, the water system in California Delta exports and that have been dispropor- pressing press freedoms and even to charges that you were personally involved in the seems to have been ‘‘broken’’—our main tionately impacted by federal regulatory re- death of a prominent journalist. As a result, water system, the Sacramento-San Joaquin quirements. It expands environmental restora- many in the West, particularly the United River Delta and San Francisco Bay has been tion projects in wetlands, the Sacramento-San States, have started to question your coun- in a state of crisis due to conflicts between en- Joaquin River Bay Delta estuary, and rivers try’s political stability. How would you re- vironmental protection, water use and water and streams. It expands and funds state-of-the spond to these charges and concerns? quality. In a state where we seem to either art water recycling and conservation programs Politically, Ukraine is both stable and pre- feast on water or famine without water, the throughout California. Each of these program dictable. Industrial production is up, finan- drought of 1987–92 demonstrated just how elements is essential to improving the reli- cial markets are improved, our agricultural vulnerable California is to water shortages, ability and quality of California’s water supply. sector is showing great promise, and we are and the flood of 1997 demonstrated how vul- We are at a crossroad in California, as well beginning to see real progress in our effort to redress social contradictions. nerable we are to the effects of flooding. Fre- as in most other regions of the country. For quent conflicts between water quality, fish pro- decades, we have benefited from the foresight Governmental bodies and the local au- thorities are functioning normally. tection and water supply magnify the problem of our predecessors—in their vision of what in- and demonstrate just how little ‘‘give’’ there is The world must know of the tremendous frastructure would be necessary to meet our progress we have made and of the tremen- in our current system. With the state’s popu- energy needs, our water needs, our transpor- dous progress we will make. Our state is only lation expected to grow from 34 million today tation needs, our educational needs. I believe 10 years old. In that short time, we have de- to 59 million in 2040, the need to conserve, to that it’s time for us to exercise that same lead- veloped a functioning democracy, a free better manage our existing supplies and to at- ership, that same vision. I believe that it is press, an independent financial system, and tain greater storage capacity is critical. time to prepare our generation and the gen- have become the first nation in history to Despite the years of recognition by most erations that will follow us for the future. In voluntarily renounce and destroy its nuclear Californians as to the need to attain these meeting these needs, I believe that we can weapons’ capability. These are not small ac- complishments. goals, no major achievement in our water pol- benefit from the things that we have learned icy had taken place since the 1960s, when, over the last several decades about how to Regarding the attacks against me person- ally, I would call it more of an aggravation under Governor Pat Brown’s leadership, the better protect the environment and about how State Water Project was conceived. That was, than a crisis. It is the demonstration and to better conserve, while at the same time, consequence of the situational uniting and however, until CalFed was formed in 1994. providing for greater economic progress. This stirring up of different forces and particular In response to the water conflicts and the bill charts a course for attaining that vision. persons—political outsiders if you will—who feast or famine predicament that we were I want to thank Mr. CALVERT for his leader- are out for revenge and the redistribution of under, the state and federal Administrations ship and efforts. I know that he and his staff power through unconstitutional means. began talks, known as ‘‘CalFed’’. Over a pe- have worked tirelessly to craft a fair and bal- Unfortunately, all the attention their out- riod of years, 18 state and federal agencies anced program. I am committed, and I know landish charges are gaining in the West has have conducted hundreds of meetings, public that Mr. CALVERT is committed as well, to con- emboldened them to think that they can threaten even the most considerable achieve- hearings and negotiations with stakeholders tinue to work with Senator FEINSTEIN on her ments of our Ukrainian nation, which are regarding ways to better manage the Sac- bill, and with the state and federal agencies ramento-San Joaquin River Delta for those independence and sovereignty. Their ambi- and Administrations, and with all stakeholders tion is to gain power for themselves. Yet, as who depend upon it, as well as ways to re- on refinements to the bill to ensure that its po- you would say, the proof is in the pudding. store the Bay-Delta’s ecosystem. It seemed tential benefits are met. Domestically, which with all due respect, that there was everything to loose and every- f is the political realm to which I am respon- thing to be gained.—as the hub of California’s sible, these people cannot find support. water supply, the INTERVIEW WITH UKRAINIAN As to the so called ‘‘demonstrations’’ Last year, I worked closely with California PRESIDENT LEONID KUCHMA which have been well reported in the West, a Governor Gray Davis and then Secretary of few thousand paid participants in these pro- the Interior, Bruce Babbitt on a package that HON. ELIOT L. ENGEL tests do not have the key role and do not de- termine the general frames of mind of the would move the CalFed program forward. OF NEW YORK Ukrainian people. In fact, things in this re- Then, in June, 2000, Governor Davis and Sec- IN THE HOUSE OF REPRESENTATIVES retary of Interior Babbitt announced a historic gard seem to have peaked on March 9. This blueprint—the CalFed Framework for Action, Thursday, May 24, 2001 has no doubt frightened the agitators, which is the very reason why they are trying to followed by the Record of Decision in July, Mr. ENGEL. Mr. Speaker, I rise to call to the internationalize their cause. 2000. The legislation being introduced today is attention of my colleagues a recent interview However, I would be insincere if I do not the crucial next step for the program. It author- with Ukrainian President Leonid Kuchma say that artificial, purposeful, and excess izes the CalFed program to move forward, and which appeared in The International Jeru- politicization does not weaken our country expands this blueprint to other regions of the salem Post on May 11, 2001. This important and its ability to tackle the huge social and state. interview discusses a wide range of matters economic problems we face. E942 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 My office shall never submit to the influ- Currently, the scope of our cooperation caust Encyclopedia, a book of memories and ence of such provocations and shall not with Israel is quite extensive. I look forward an album. Under the same perspective the strengthen these pseudo-oppositionists. to working with Prime Minister Sharon to opening performances for the plays of the Mr. President, the question of NATO mem- even further expand our already expansive leading theaters of the country, and the se- bership for your country continues to be a commercial relations. ries of TV and radio programs are in their point of friction between NATO, the Russian Let’s not forget the fact that nearly 400,000 final preparations. We will be publishing Federation, and Ukraine. It seems as though of the roughly one million recent immi- speeches of famous writers, cultural and art your administration has decided to back off grants to Israel from the republics of the workers, scientists, and war veterans. from this initiative, at least for now. Does former Soviet Union are from Ukraine. This I would like to repeat one more time: We this mean that your country is more inter- alone is reason for a special relationship be- consider it a sacred obligation to respect the ested in improved relations with the Russian tween our countries. That so many of our memory of the Jewish victims who perished. Federation, perhaps at the expense of the former countrymen have decided to make Economic development is key to Ukraine’s West? Israel their new home makes our concern admission to the European Union. However, I strongly object to the way you have about the political situation in your region as you have mentioned, your country is not raised this question. more acute. Terrorism and violence that cre- yet able to attract the amount of foreign in- Ukraine has always been consistent in its ate distrust and hostility are especially dan- vestment you say you need. What industries interest in cooperating with NATO. The be- gerous and inadmissible. It is a dead end. I or specific projects are you trying to pro- ginning of the relations’ development be- said as much in my recent message to Chair- mote as significant sources of Western cap- tween Ukraine and the Atlantic alliance was man Arafat, imploring him to do all in his ital and/or management? Perhaps, more im- made right after our country achieved its power to curb violent demonstrations and to portantly from the investors’ point of view, independence. Let me remind you that I resume his fight against extremist organiza- what kinds of protections can you offer signed the charter on special partnerships tions. them? What guarantees can you provide re- between Ukraine and NATO in 1997. At the request of President Katsav, I have garding legal procedures? What about na- Cooperation between Ukraine and NATO instructed our Foreign Affairs Ministry to tionalizations? How can an investor be sure has been progressing and covers a wide range take all possible measures to help win the re- the economic landscape can’t or won’t of military and defense industries. One of the lease of the Israeli servicemen kidnapped by change radically? key elements of the cooperation remains our Hizbullah. While not as fast as we would like our participation in the joint Ukrainian-Polish Our country also recognizes the right of economy is still growing. Our high GDP and battalion and Ukrainian helicopter platoons the Palestinian people to an independent industrial production growth rates in the are acting now within the contingent of state of their own. Yet we believe that his last year and in the first months of this year peacemaking forces in Kosovo. nation can only come into being as a result should reassure everyone. They have been Speaking of the possibility of membership of negotiations. very impressive, particularly when con- of Ukraine in the NATO alliance, my more Your previous answer would likely come as trasted with the Western slowdown. Increasing foreign investment is critical to direct answer to your question is that while a surprise to many of our readers. The extent our development plans. Our estimates are for we are increasing our cooperation with ele- of your country’s relationship with Israel, investment inflows of at least $30 billion. ments of NATO and the alliance, we are not its support for Israel, its commitment to the To help facilitate this necessary migration ready to consider membership yet. Unilat- peace process, these things are largely un- of capital, Ukraine is implementing the larg- eral political announcements about our in- known. Why do you suppose that is? Do you est-ever privatization processes in the terest or readiness for implementation would think it may have something to do with the spheres of power, engineering, communica- be premature and harmful to the alliance troubled history of our people? tions, and agriculture. this gives our inter- and my country. Well, you are probably in a better position national partners, including those from We are not reorienting our political out- to answer that than I am. Israel, wonderful and exciting opportunities. Another point to make regards our recent look as you tried to suggest. I will dare say that Ukraine is one of the Ukraine looks forward to integrating itself decision, as president of the United Nations most exciting and opportunity-rich markets in the European direction as a strategic op- Security Council. Our delegation did not sup- on earth. tion, while at the same time maintaining port the resolution, subsequently vetoed by We have developed special economic zones good relations with all our neighboring coun- the United States, which would have man- of priority development with reduced regu- tries, including those in the East. dated an international ‘‘peacekeeping’’ force latory and tax regimens. The total area of You have enjoyed notably good relations for deployment in Palestinian areas. We did these zones makes up more that 10 percent of with all five of the Israeli prime ministers not believe such a step was wise or helpful. our country’s territory. Here, investors are with whom you have worked. Knowing the To the contrary. Recent events have only granted special tax advantages, including troubled history of Ukrainian-Jewish rela- reinforced the fact that peace can only be discounts for value added tax, income duties, tions, do you view this association as an at- achieved by the parties themselves. Solu- and other levies. These zones already host tempt at national reconciliation or rather as tions cannot be imposed upon them. But more than 400 projects financed by foreign a national strategic interest? In your view, Ukraine also recognizes and supports the investors. But this is just the beginning. is it necessary for Ukraine to actively pursue need to give great weight to the positions ex- Opportunities extend to woodworking, pulp reconciliation with Israel and/or the Jewish pressed by the international community. and paper, engineering, metalworking, fuels people? After independence, the priority for and chemicals, oil and gas, transportation, I am very proud of the excellent relations Ukraine was to consolidate its authority and metallurgy; construction, shipbuilding; the between our two great countries and my international recognition and obtain the at- list is quite literally endless. but having said good relations with all of your elected lead- tributes of statehood. Generally we suc- all this, there is one area that calls for spe- ers. I had a particularly close relationship ceeded. Most important in our view was de- cial attention and that is agriculture. Owing with Ytzhak Rabin and I considered it a veloping good working relations with the to the intensive market reforms, almost all great honor to attend his funeral. United States and the European Union. This our collective and Soviet farms have been re- Earlier this year already I was delighted to took more effort than that required to estab- structured into private market businesses. receive the president of the State of Israel, lish relations with our eastern neighbors Our national tax burden has been dramati- Moshe Katsav, who has become my sincere since we have lived and worked with them cally reduced to the point where it is now friend. I am confident that President for centuries. This wasn’t the case with roughly one-fifth of the tax burden found in Katsav’s visit will result in new under- Western countries. an OECD country. If these are not competi- standings between our peoples. This year marks the 60th anniversary of tive advantages, then I don’t know what are. Regarding you new prime minister, I am Nazi invasion of Ukraine, then part of the As for your question about nationalization, convinced that the heritage of this great son Soviet Union, and the destruction of nearly let me say that foreign investors in Ukraine of the State of Israel will do all he can to one million Ukrainian Jews. More than are as well protected here as anywhere in help to lead the Middle East region to the 100,000 of those Jews were murdered not five Eastern Europe. We have binding bilateral peace and stability. Ariel Sharon is known in miles from here at a place called Babi Yar. agreements to this effect with more than 50 Ukraine as a experienced statesman and As this awful date approaches what com- countries, including Israel. Our national leg- military leader, and as a wise person. He is memorative events are planned in Ukraine? islature includes guarantees on the inviola- very highly regarded. I hope that the policy Yes, Kiev is the sight of one of the most bility of rights and parity conditions of na- of his government will continue on its path tragic crimes in the whole history of man. tional and foreign investors. In particular, of working to achieve the goal sought by the Compounding the enormity of the crime was even if some changes are introduced into the Jewish people for countless generations—a an attempt on the part of the Soviet authori- present legislation in the course of 10 years, prosperous, secure, and stable Jewish state ties who ruled Ukraine until our independ- guarantees that were in effect before will be at peace with its neighbors. ence to conceal what really happened here. used upon request of the foreign investor. In my letter of congratulation to then Early last year, I authorized the establish- Foreign capital in Ukraine is not subject to prime minister-elect Sharon I reaffirmed the ment of the ‘‘Days of Memory of the Victims nationalization. Furthermore, foreign inves- readiness of Ukraine to follow our two coun- of Babi Yar for the year 2001.’’ tors actually have the right to obtain com- tries’ recent tradition of excellent bilateral For the 60th anniversary of the tragedy we pensation from the state in the event state relations and close cooperation. will be dedicating an edition of The Holo- actions result in financial losses. CONGRESSIONAL RECORD — Extensions of Remarks E943 For media companies like ours that may who so generously donated their time and ef- tions, include Algeria, China, Saudi Arabia, consider entering your market, what assur- fort to make this program a success. I wish Uganda, Armenia, Pakistan, Syria and Viet- ances can you provide regarding press free- the best of luck to all the students who partici- nam. dom in Ukraine? It is regrettable that the staunchest pro- The economic advantage I described before pated, and that they can continue to have a powerful and positive influence on their com- moter of human rights around the globe has are as applicable to foreign media investors been displaced, not because of its failure to as they are to foreign construction engi- munities and the world. promote a human rights agenda but, rather, neers. Finally, I would like to congratulate the par- primarily because it has forced the inter- Today we have more than 10,000 periodicals ticipants of the 2001 Congressional Class- national community to confront human of all shapes, sizes, and opinions published in room: rights in a way that no other region, block Ukraine. Our constitution elevates ideolog- or nation has been prepared to project so sin- ical diversity, forbids censorship, and guar- Will Butler, Saint Stephens School; Brad Chase, Pine View High School; gularly and so consistently. Only the United antees free speech and association rights to States publishes annually a region-by-region every citizen. f analysis of nations that fall below inter- But you must remember, we are a new national human rights norms. country and a new democracy. This actually PERSONAL EXPLANATION means we need more help than other, more Honourable senators, may I recommend developed democracies. that you read a very short book entitled On When we are talking about press freedom, HON. SHELLEY BERKLEY The Law of Nations by former U.S. Senator Daniel Moynihan. It gives an extraordinary it is critical to remember that independent OF NEVADA publications belong to people and/or compa- account of the role that international law nies, some of whom express themselves IN THE HOUSE OF REPRESENTATIVES has played in the foreign policy of the United States. It is a primer for all those who are through clannish, corporate, or private in- Thursday, May 24, 2001 terests and ambitions, which doesn’t nec- interested in the rule of law in international essarily benefit anyone other than them- Ms. BERKLEY. Mr. Speaker, due to inclem- relations. selves. ent weather, my flight was late which is why Returning to the exclusion of the United The President’s Decree states that a news- I missed rollcall votes No. 126 and No. 127. States from the United Nations Human paper can only be closed by the person who Had I been present, I would have voted ‘‘yea’’ Rights Commission, I can best sum up by owns it, founded it, or if our judicial system on No. 126 and ‘‘yea’’ on No. 127. quoting these words from another antique deems it has broken the law. In other words, senator that express for me the current situ- in our country, just like yours, we do have f ation: O tempora! O mores! laws and we demand that all citizens, private and corporate, adhere to them. Any person U.S. DISPLACEMENT FROM THE or company who obeys the law and pays his U.N. HUMAN RIGHTS COMMISSION f taxes has nothing to worry about. TRIBUTE TO JAMES F. HETTINGER f HON. DAVID DREIER FOR HIS SERVICE TO THE CITI- OF CALIFORNIA ZENS OF GREATER BATTLE 2001 CONGRESSIONAL CLASSROOM IN THE HOUSE OF REPRESENTATIVES CREEK HON. DAN MILLER Thursday, May 24, 2001 OF FLORIDA Mr. DREIER. Mr. Speaker, I am pleased to HON. NICK SMITH IN THE HOUSE OF REPRESENTATIVES take this opportunity to introduce into the OF MICHIGAN Thursday, May 24, 2001 RECORD, the following statement to the Cana- IN THE HOUSE OF REPRESENTATIVES dian Senate by the Honorable Jerry S. Thursday, May 24, 2001 Mr. MILLER of Florida. Mr. Speaker, I would Grafstein, Q.C. regarding the United States’ like to take a minute to recognize the students displacement from the U.N. Human Rights Mr. SMITH of Michigan. Mr. Speaker, I rise of the 2001 Congressional Classroom from my Commission. Senator Grafstein cochaired the today to honor Mr. James Hettinger for over district in Florida. One student from the junior 42nd meeting of the U.S.-Canada Inter- 20 years of dedicated service to the citizens of class of each of the participating high schools parliamentary Group held last weekend. greater Battle Creek, MI. in my district was selected competitively to Senator Grafstein’s remarks address the im- participate in the program here in Washington, Today, Thursday, May 24, 2001, the citizens portant role the United States has played over of Battle Creek, MI will gather to pay tribute to DC. the last century in the evolution of international Throughout the week, the students had the a man who’s efforts over the past twenty-three rule of law and leadership in projecting a years led to the formation and expansion of opportunity to meet with several of my fellow human rights agenda around the world. I hope colleagues in the House of Representatives, one of the nation’s premier industrial parks, that my colleagues will take to heart the en- and the economic rebirth of a community. as well as Florida Senators BOB GRAHAM and couraging comments of Senator Grafstein. BILL NELSON, and Justice Antonin Scalia of the As Chief Executive Officer of Battle Creek United States Supreme Court. The students Hon. Jerahmiel S. Grafstein: Honourable Unlimited, the marketing and economic devel- Senators, next week Parliament is co- also had the opportunity to meet with Dan opment arm of the City of Battle Creek, Jim hosting the forty-second annual meeting of has served as an excellent ambassador for Goldin, Director of NASA; Elaine Chao, Sec- the Canada-U.S. Interparliamentary Group retary of Labor; and Dr. Francis Collins, Direc- in Western Canada. As Canadian co-chair, I the community, touting the positive attributes tor of the Human Genome Institute at the Na- have pondered the role of the United States of locating facilities in the Cereal City to busi- tional Institutes of Health. The Congressional with respect to Canada. Yet who can fail to nesses around the world. To date, his efforts Classroom program also included an important consider the United States’ paramount role have led to the decision by approximately two trip through history with a visit to the National in the evolution of international rule of law dozen international companies to locate in the Holocaust Museum. and American leadership in projecting a Fort Custer Industrial Park, resulting in over human rights agenda around the globe in the 3,000 jobs. The Congressional Classroom program is a last century? Therefore, it came as no small superb opportunity for young people to learn shock when we discovered two weeks ago Jim has forged cooperative agreements with more about the United States Government, that the European bloc, led by France, and surrounding communities in an effort to spur and provides them with a first hand account of the Asian bloc, led by China, were successful economic growth beyond the boundaries of the persons and institutions that comprise our in displacing the United States as a sitting the city. He has been a driving force behind government. It is always an honor and a member of the UN Commission on Human countless critical projects in the area including: pleasure to share this experience with young Rights for the first time since its creation in the establishment of an inland U.S. Customs people, as it is a learning experience for the 1947. Port of Entry and Foreign Trade Zone 43; the students as well as myself. Keeping in touch Honourable senators may recall that it was retention of hundreds of jobs at the Battle due to the efforts of Eleanor Roosevelt that with the issues that affect the future genera- this commission was first established. Now, Creek Federal Center; the relocation of the tions of this nation is crucial to maintaining the instead of the United States, we have Western Michigan University College of Avia- spirit and effectiveness of our government. France, Sweden and Austria representing the tion to Battle Creek, and most recently, the I would like to thank the teachers, parents, North American and European bloc. Other forging of an innovative e-learning agreement staff, and all of my distinguished colleagues nations, those exemplars of human rights na- with the Canadian province of New Brunswick. E944 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 2001 Jim is among the most highly regarded eco- book on economic development and Japanese being named to the Oxford Elite Registry of nomic development professionals in the coun- manufacturing investment. His work has been Extraordinary Professionals. try. And with good reason. He holds a Ph.D in cited in numerous national publications includ- I am honored to recognize Jim Hettinger for Public Administration and Comparative Gov- ing The Wall Street Journal, Business Week, ernment and serves as an Adjunct Professor The New York Times and USA Today. He is his tremendous dedication both to his profes- at Western Michigan University. He has pub- a past recipient of the MI Economic Developer sion and to his community, and join with the lished fifteen articles dealing with local govern- of the Year award and the Kiwanis Inter- citizens of Battle Creek in congratulating him ment and economic development as well as a national Person of the Year award, as well as on this special day. Thursday, May 24, 2001 Daily Digest

HIGHLIGHTS The House agreed to the Senate Amendments to H.R. 801, the Veterans’ Opportunities Act—clearing the measure for the President. Senate located at 3348 South Kedzie Avenue, in Chicago, Chamber Action Illinois, as the ‘‘Paul Simon Chicago Job Corps Cen- Routine Proceedings, pages S5571–S5662 ter’’. Page S5658 Measures Introduced: Nineteen bills and two reso- James C. Corman Federal Building: Senate lutions were introduced, as follows: S. 945–963, S. passed S. 468, to designate the Federal building lo- Res. 94, and S. Con. Res. 43. Pages S5615–16 cated at 6230 Van Nuys Boulevard in Van Nuys, Measures Reported: California, as the ‘‘James C. Corman Federal Build- S. Res. 88, expressing the sense of the Senate on ing’’. Page S5658 the importance of membership of the United States Edward N. Cahn Federal Building and U.S. on the United Nations Human Rights Commission. Courthouse: Senate passed S. 757, to designate the S. Con. Res. 35, expressing the sense of Congress that Lebanon, Syria, and Iran should allow represent- Federal building and United States courthouse lo- atives of the International Committee of the Red cated at 504 West Hamilton Street in Allentown, Cross to visit the four Israelis, Adi Avitan, Binyamin Pennsylvania, as the ‘‘Edward N. Cahn Federal Avraham, Omar Souad, and Elchanan Tannenbaum, Building and United States Courthouse’’. Page S5658 presently held by Hezbollah forces in Lebanon. Lee H. Hamilton Federal Building and U.S. S. Con. Res. 42, condemning the Taleban for their Courthouse: Senate passed S. 774, to designate the discriminatory policies and for other purposes. Federal building and United States courthouse lo- Page S5613 cated at 121 West Spring Street in New Albany, In- Measures Passed: diana, as the ‘‘Lee H. Hamilton Federal Building Veterans’ Survivor Benefits Improvements Act: and United States Courthouse’’. Page S5658 Committee on Veterans’ Affairs was discharged from Wildland Fire Management: Senate passed H.R. further consideration of H.R. 801, to amend title 581, to authorize the Secretary of the Interior and 38, United States Code, to expand eligibility for the Secretary of Agriculture to use funds appro- CHAMPVA, to provide for family coverage and ret- priated for wildland fire management in the Depart- roactive expansion of the increase in maximum bene- ment of the Interior and Related Agencies Appro- fits under Servicemembers’ Group Life Insurance, priations Act, 2001, to reimburse the United States and to make technical amendments, and the bill was Fish and Wildlife Service and the National Marine then passed, after agreeing to the following amend- Fisheries Service to facilitate the interagency coopera- ment proposed thereto: Pages S5574–77 tion required under the Endangered Species Act of Thomas (for Specter/Rockefeller) Amendment No. 1973 in connection with wildland fire management, 790, in the nature of a substitute. Pages S5574–77 clearing the measure for the President. Page S5658 Recognizing Armed Forces: Senate agreed to S. Tax Relief Reconciliation Amendment Modified: Res. 94, to designate May 28, 2001, as a special day By unanimous-consent, Boxer Amendment No. 767, for recognizing the sacrifices of the members of the to extend the work opportunity credit to encourage Armed Forces killed in hostile action since the end the hiring of certain veterans, which fell on a point of the Vietnam War. Pages S5638–58 of order, to H.R. 1836, Economic Growth and Tax Paul Simon Chicago Job Corps Center: Senate Relief Reconciliation Act (as passed the Senate on passed S. 378, to redesignate the Federal building May 24, 2001), was modified. Page S5638 D516

VerDate 11-MAY-2000 08:21 May 25, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY1.REC pfrm04 PsN: D24MY1 May 24, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D517

Messages From the President: Senate received the Linda J. Fisher, of the District of Columbia, to be following messages from the President of the United Deputy Administrator of the Environmental Protec- States: tion Agency. Transmitting, pursuant to law, a report on the Jacob Lozada, of Puerto Rico, to be an Assistant National Emergencies with respect to the Federal Secretary of Veterans Affairs. Republic of Yugoslavia (Serbia and Montenegro) and Richard A. Hauser, of Maryland, to be General Kosovo; to the Committee on Banking, Housing, Counsel of the Department of Housing and Urban and Urban Affairs. (PM–23) Page S5610 Development. Transmitting, pursuant to law, a report on the Thomas E. White, of Texas, to be Secretary of the continuation of emergency with respect to the Fed- Army. eral Republic of Yugoslavia (Serbia and Montenegro) James G. Roche, of Maryland, to be Secretary of the Bosnian Serbs, and Kosovo; to the Committee on the Air Force. Pages S5578–S5603, S5659–60, S5661–62 Banking, Housing, and Urban Affairs. (PM–24) Nominations Received: Senate received the fol- Page S5610 lowing nominations: Nominations Confirmed: Senate confirmed the fol- Jennifer L. Dorn, of Nebraska, to be Federal Tran- lowing nominations: sit Administrator. By 51 yeas 47 nays (Vote No. 167), Theodore Bennett William Raley, of Colorado, to be an As- Bevry Olson, of the District of Columbia, to be So- sistant Secretary of the Interior. licitor General of the United States. (Prior to this ac- Howard H. Leach, of California, to be Ambassador tion, Senate discharged the Committee on the Judi- to France. ciary from further consideration.) Sarah V. Hart, of Pennsylvania, to be Director of By 96 yeas 1 nay (Vote No. 168), Viet D. Dinh, the National Institute of Justice. of the District of Columbia, to be an Assistant At- James Edward Rogan, of California, to be Under torney General. Secretary of Commerce for Intellectual Property and By 95 yeas 1 nay (Vote No. 169), Michael Director of the United States Patent and Trademark Chertoff, of New Jersey, to be an Assistant Attorney Office. General. Thomas P. Christie, of Virginia, to be Director of Stephen A. Perry, of Ohio, to be Administrator of Operational Test and Evaluation, Department of De- General Services. fense. Maurice A. Ross, of the District of Columbia, to Sue McCourt Cobb, of Florida, to be Ambassador be an Associate Judge of the Superior Court of the to Jamaica. District of Columbia for the term of fifteen years. Eileen J. O’Connor, of Maryland, to be an Assist- Erik Patrick Christian, of the District of Colum- ant Attorney General. bia, to be an Associate Judge of the Superior Court Arthur F. Rosenfeld, of Virginia, to be General of the District of Columbia for the term of fifteen Counsel of the National Labor Relations Board for a years. term of four years. Angela Styles, of Virginia, to be Administrator for Odessa F. Vincent, of the District of Columbia, to Federal Procurement Policy. be an Associate Judge of the Superior Court of the Maureen Patricia Cragin, of Maine, to be an As- District of Columbia for the term of fifteen years. sistant Secretary of Veterans Affairs (Public and 3 Navy nominations in the rank of admiral. Intergovernmental Affairs). Pages S5660–61 Lee Sarah Liberman Otis, of Virginia, to be Gen- Executive Communications: Pages S5611–13 eral Counsel of the Department of Energy. Petitions and Memorials: Page S5613 Leo S. Mackay, Jr., of Texas, to be Deputy Sec- Executive Reports of Committees: Pages S5613–15 retary of Veterans Affairs. Robin L. Higgins, of Florida, to be Under Sec- Messages From the House: Pages S5610–11 retary of Veterans Affairs for Memorial Affairs. Measures Referred: Page S5611 Alphonso R. Jackson, of Texas, to be Deputy Sec- Statements on Introduced Bills: Pages S5618–37 retary of Housing and Urban Development. Romolo A. Bernardi, of New York, to be an As- Additional Cosponsors: Pages S5616–18 sistant Secretary of Housing and Urban Develop- Amendments Submitted: Pages S5637–38 ment. Additional Statements: Pages S5608–10 John Charles Weicher, of the District of Colum- bia, to be an Assistant Secretary of Housing and Authority for Committees: Page S5638 Urban Development. Privilege of the Floor: Page S5638

VerDate 11-MAY-2000 08:21 May 25, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY1.REC pfrm04 PsN: D24MY1 D518 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 2001 Record Votes: Three record votes were taken today. U.S. ENERGY POLICY (Total—169) Pages S5601–03 Committee on Energy and Natural Resources: Committee Adjournment: Senate met at 10 a.m., and ad- concluded hearings on the Administration’s National journed at 6:40 p.m., until 10 a.m., on Friday, May Energy Policy report, and Price-Anderson Act provi- 25, 2001. (For Senate’s program, see the remarks of sions of pending energy legislation, including S. the Acting Majority Leader in today’s Record on 388, to protect the energy and security of the page S5660.) United States and decrease America’s dependency on foreign oil sources to 50% by the year 2011 by en- Committee Meetings hancing the use of renewable energy resources con- serving energy resources, improving energy effi- (Committees not listed did not meet) ciencies, and increasing domestic energy supplies; improve environmental quality by reducing emis- NOMINATIONS sions of air pollutants and greenhouse gases; mitigate Committee on Armed Services: Committee ordered favor- the effect of increases in energy prices on the Amer- ably reported 211 military nominations in the Army, ican consumer, including the poor and the elderly, Navy, Air Force, and Marine Corps. S. 472, to ensure that nuclear energy continues to contribute to the supply of electricity in the United DECIMALIZED MARKETS States, and S. 597, to provide for a comprehensive Committee on Banking, Housing, and Urban Affairs: and balanced national energy policy, after receiving Subcommittee on Securities and Investment con- testimony from Spencer Abraham, Secretary of En- cluded hearings on the recent conversion of ergy. quotations in equity securities and options from frac- tional to decimal pricing and the effects that this BUSINESS MEETING change has on market dynamics and trading behav- Committee on Foreign Relations: Committee ordered fa- ior, after receiving testimony from Laura S. Unger, vorably reported the following business items: Acting Chairman, Securities and Exchange Commis- sion; J. Patrick Campbell, Nasdaq Stock Market, S. Con. Res. 35, expressing the sense of Congress Inc., and Peter Jenkins, Zurich Scudder Investments, that Lebanon, Syria, and Iran should allow represent- both of Washington, D.C.; Catherine R. Kinney, atives of the International Committee of the Red New York Stock Exchange, Donald D. Kittell, Secu- Cross to visit the four Israelis, Adi Avitan, Binyamin rities Industry Association, and Robert B. Fagenson, Avraham, Omar Souad, and Elchanan Tannenbaum, Van der Moolen Specialists USA, all of New York, presently held by Hezbollah forces in Lebanon; New York; and Kenneth D. Pasternak, Knight Trad- S. Con. Res. 42, condemning the Taleban for their ing Group, Inc., Jersey City, New Jersey. discriminatory policies; S. Res. 88, expressing the sense of the Senate on BUSINESS MEETING the importance of membership of the United States Committee on Commerce, Science, and Transportation: on the United Nations Human Rights Commission; Committee ordered favorably reported the nomina- and tions of Michael K. Powell, of Virginia, to be Chair- S. Res. 91, condemning the murder of a United man, and Kathleen Q. Abernathy, of Maryland, Mi- States citizen and other civilians, expressing the chael Joseph Copps, of Virginia, and Kevin J. Mar- sense of the Senate regarding the failure of the Indo- tin, of North Carolina, each to be a Member, all of nesian judicial system to hold accountable those re- the Federal Communications Commission, Timothy sponsible for the killings, proposed legislation con- J. Muris, of Virginia, to be a Federal Trade Commis- demning the practices of the Taleban, with an sioner, Donna R. McLean, of the District of Colum- amendment in the nature of a substitute; and bia, to be Assistant Secretary for Budget and Pro- The nominations of Thelma J. Askey, of Ten- grams/Chief Financial Officer, and Sean B. nessee, to be Director of the Trade and Development O’Hollaren, of Oregon, to be Assistant Secretary for Agency, Stephen Brauer, of Missouri, to be Ambas- Governmental Affairs, both of the Department of sador to Belgium, William J. Burns, of the District Transportation, and Kathleen B. Cooper, of Texas, to of Columbia, to be Assistant Secretary for Near East- be Under Secretary for Economic Affairs, Maria ern Affairs, Lorne W. Craner, of Virginia, to be As- Cino, of Virginia, to be Assistant Secretary/Director sistant Secretary for Democracy, Human Rights, and General of the United States and Foreign Commer- Labor, Ruth A. Davis, of Georgia, to be Director cial Service, and Bruce P. Mehlman, of Maryland, to General of the Foreign Service, Donald Burnham be Assistant Secretary for Technology Policy, all of Ensenat, of Louisiana, to be Chief of Protocol, and the Department of Commerce. to have the rank of Ambassador during his tenure of

VerDate 11-MAY-2000 08:21 May 25, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY1.REC pfrm04 PsN: D24MY1 May 24, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D519 service, Carl W. Ford, Jr., of Arkansas, to be Assist- PATIENT SAFETY ant Secretary for Intelligence and Research, A. Eliza- Committee on Health, Education, Labor, and Pensions: beth Jones, of Maryland, to be Assistant Secretary for Committee concluded hearings to examine issues European Affairs, Walter H. Kansteiner, of Virginia, surrounding Congress’ role in increasing patient safe- to be Assistant Secretary for African Affairs, Paul ty in the health care system, including proposals that Vincent Kelly, of Virginia, to be Assistant Secretary would reflect the Institute of Medicine’s report rec- for Legislative Affairs, and Christina B. Rocca, of ommendations to establish a center for quality im- Virginia, to be Assistant Secretary for South Asian provement and safety to fund research and dissemi- Affairs, all of the Department of State, Peter S. Wat- nate information about patient safety, while provide son, of California, to be President of the Overseas for confidentiality protections of this information, Private Investment Corporation, and certain Foreign after receiving testimony from Paul H. O’Neill, Sec- Service Officer promotion lists. retary of the Treasury; Tommy G. Thompson, Sec- U.N. HUMAN RIGHTS COMMISSION retary of Health and Human Services; James P. Committee on Foreign Relations: Subcommittee on Bagian, Director, National Center for Patient Safety, International Operations and Terrorism concluded Veterans Health Administration, Department of Vet- hearings to examine issues related to the United Na- erans Affairs; Lucian L. Leape, Harvard School of tions Human Rights Commission, including the Ad- Public Health, and Donald M. Berwick, Institute for ministration’s democracy promotion and human Healthcare Improvement, both of Boston, Massachu- rights policy, the importance of maintaining leader- setts; and John R. Brumsted, Fletcher Allen Health ship in this field, and the impact of the United Care, Burlington, Vermont, on behalf of the States’ recent loss of membership in the Commission, Vermont Program for Quality Health Care. after receiving testimony from Paula J. Dobrianski, PHARMACEUTICAL MARKETPLACE Under Secretary of State for Global Affairs; and Nina COMPETITION Shea, Freedom House Center for Religious Freedom, and Tom Malinowski, Human Rights Watch, both Committee on the Judiciary: Committee concluded of Washington, D.C. hearings to examine competition in the pharma- ceutical marketplace, focusing on the antitrust im- HUMAN TISSUE INDUSTRY plications of patent settlements, the underlying pat- Committee on Governmental Affairs: Permanent Sub- ent law, pattern of cases, and whether the law needs committee on Investigations held oversight hearings to be changed, after receiving testimony from Gary to examine alleged problems in the human tissue in- Buehler, Acting Director, Office of Generic Drugs, dustry, such as claims of excessive charges and profit Center for Drug Evaluation and Research, Food and making within the industry, problems in obtaining Drug Administration, Department of Health and appropriate informed consent from donor families, Human Services; Molly Boast, Director, Bureau of issues related to quality control in processing tissue, Competition, Federal Trade Commission; James M. and whether current regulatory efforts are adequate Griffin, Deputy Assistant Attorney General, Anti- to ensure the safety of human tissue transplants, re- trust Division, Department of Justice; and Utah At- ceiving testimony from George F. Grob, Deputy In- torney General Mark L. Shurtleff, Salt Lake City. spector General for Evaluation and Inspections, and Kathryn C. Zoon, Director, Center for Biologics BUSINESS MEETING Evaluation and Research, Food and Drug Adminis- Committee on Veterans’ Affairs: Committee ordered fa- tration, both of the Department of Health and vorably reported the nominations of Leo S. Mackay, Human Services; Valerie J. Rao, Florida District Five Jr., of Texas, to be Deputy Secretary, Robin L. Hig- Medical Examiner’s Office, Leesburg; P. Robert gins, of Florida, to be Under Secretary for Memorial Rigney, Jr., American Association of Tissue Banks, Affairs, Maureen Patricia Cragin, of Maine, to be As- McLean, Virginia; and William F. Minogue, Wash- sistant Secretary for Public and Intergovernmental ington Regional Transplant Consortium, Wash- Affairs, and Jacob Lozada, of Puerto Rico, to be As- ington, D.C. sistant Secretary for Human Resources and Adminis- Hearings recessed subject to call. tration, all of the Department of Veterans Affairs.

VerDate 11-MAY-2000 08:21 May 25, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY1.REC pfrm04 PsN: D24MY1 D520 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 2001 House of Representatives national Relations and ordered printed (H. Doc. Chamber Action 107–76); and Pages H2692–93 Bills Introduced: 30 public bills, H.R. 1980–2009; Six Month Periodic Report on the National 2 private bills, H.R. 2010–2011; and 5 resolutions, Emergency re Yugoslavia (Serbia and Montenegro) H. Con. Res. 143–144, and H. Res. 148, 151, and and Kosovo: Message wherein he transmitted a six 152, were introduced. Pages H2709–11, H2712 month periodic report on the National Emergency Reports Filed: No Reports were filed today. with respect to Yugoslavia (Serbia and Montenegro) H.R. 691, to extend the authorization of funding declared in Executive Order 12808 on May 30, 1992 for child passenger protection education grants and with respect to the Kosovo emergency declared through fiscal year 2003 (H. Rept. 107–78); in Executive Order 13088 on June 9, 1998—referred H.R. 1699, to authorize appropriations for the to the Committee on International Relations and or- Coast Guard for fiscal year 2002 (H. Rept. 107–79); dered printed (H. Doc. 107–77). Page H2693 H. Res. 149, waiving a requirement of clause 6(a) Commission on the Future of the United States of rule XIII with respect to consideration of certain Aerospace Industry: Read a letter from the Minor- resolutions reported from the Committee on Rules ity Leader wherein he appointed Mr. R. Thomas (H. Rept. 107–80); Buffenbarger of Brookeville, Maryland to the Com- H. Res. 150, waiving a requirement of clause 6(a) mission on the Future of the United States Aero- of rule XIII with respect to consideration of certain space Industry. Page H2700 resolutions reported from the Committee on Rules Meeting Hour—Friday, May 25: Agreed that when (H. Rept. 107–81); the House adjourns today, it adjourn to meet at 10 H.R. 1140, to modernize the financing of the rail- a.m. on Friday, May 25. Page H2687 road retirement system and to provide enhanced ben- Recess: The House recessed at 11:07 a.m. and re- efits to employees and beneficiaries, amended (H. convened at 5:01 p.m. Pages H2686–87 Rept. 107–82, Pt. 1); and H.R. 1542, to deregulate the Internet and high Senate Messages: Message received from the Senate speed data services, amended (H. Rept. 107–83, today appears on page H2687. Pt. 1). Page H2709 Quorum Calls—Votes: One yea-and-nay vote de- Journal: The House agreed to the Speaker’s approval veloped during the proceedings of the House today and appears on pages H2685–86. There were no of the Journal of Wednesday, May 23 by a yea-and- quorum calls. nay vote of 336 yeas to 71 nays with 1 voting ‘‘present’’, Roll No. 147. Pages H2681, H2685–86 Adjournment: The House met at 10 a.m. and ad- journed at 7:18 p.m. Veterans’ Opportunities Act of 2001: The House agreed to the Senate amendments to H.R. 801, to amend title 38, United States Code, to improve pro- Committee Meetings grams of educational assistance, to expand programs of transition assistance and outreach to departing REVIEW—MANDATORY LIVESTOCK servicemembers, veterans, and dependents, to in- REPORTING crease burial benefits, to provide for family coverage Committee on Agriculture: Held a hearing to review under Servicemembers’ Group Life Insurance—clear- mandatory livestock price reporting. Testimony was ing the measure for the President. Pages H2687–92 heard from Kenneth C. Clayton, Acting Adminis- trator, Agricultural Marketing Service, USDA. Presidential Messages: Read the following mes- sages from the President: LABOR-HHS-EDUCATION Extension of National Emergency re Yugoslavia APPROPRIATIONS (Serbia and Montenegro) and Kosovo: Message Committee on Appropriations: Subcommittee on Labor, wherein he transmitted his notice stating that the Health and Human Services and Education held a national emergency declared with respect to the Fed- hearing on the SSA and the Corporation for Public eral Republic of Yugoslavia (Serbia and Montenegro) Broadcasting. Testimony was heard from Larry J. in 1992 and with respect to Kosovo in 1998 are to Massanari, Acting Commissioner, SSA; and Robert continue beyond May 30, 2001 and June 9, 2001, T. Coonrod, President and CEO, Corporation for respectively—referred to the Committee on Inter- Public Broadcasting

VerDate 11-MAY-2000 08:21 May 25, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D24MY1.REC pfrm04 PsN: D24MY1 May 24, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D521 VA, HUD AND INDEPENDENT AGENCIES Criminal Justice, State of Texas; and a public wit- APPROPRIATIONS ness. Committee on Appropriations: Subcommittee on VA, COASTAL ZONE MANAGEMENT ACT HUD and Independent Agencies continued hearings REAUTHORIZATION on HUD. Testimony was heard from Mel R. Mar- Committee on Resources: Subcommittee on Fisheries tinez, Secretary of Housing and Urban Development. Conservation, Wildlife and Oceans held a hearing on ELECTRICITY EMERGENCY ACT the Reauthorization of the Coastal Zone Manage- ment Act. Testimony was heard from Representa- Committee on Energy and Commerce: Heard opening tives George Miller of California, Pelosi, Thompson statements, but no action was taken on H.R. 1647, of California and Davis of California; Margaret Da- Electricity Emergency Act of 2001. vidson, Assistant Administrator, Ocean Services and Will continue tomorrow. Coastal Zone Management, NOAA, Department of UNFUNDED MANDATES—REVIEW AND Commerce; Louise Lawrence, Chief, Resource Con- RECOMMENDATIONS FOR CHANGE servation, Department of Agriculture, State of Mary- Committee on Government Reform: Subcommittee on land; and public witnesses. Energy Policy, Natural Resources and Regulatory SAME DAY CONSIDERATION OF CERTAIN Affairs and the Subcommittee on Technology and RESOLUTIONS REPORTED FROM THE the House of the Committee on Rules held a joint COMMITTEE ON RULES hearing on ‘‘Unfunded Mandates-A Five-Year Re- Committee on Rules: Committee granted, by voice view and Recommendations for Change.’’ Testimony vote, a resolution waiving clause 6(a) of rule XIII was heard from Dan L. Crippen, Director, CBO; (requiring a two-thirds vote to consider a rule on the Mitchell E. Daniels, Jr., Director, OMB; and public same day it is reported from the Rules Committee) witnesses. against certain resolutions reported from the Rules VOTING TECHNOLOGY Committee. The resolution applies the waiver to any special rule reported on the legislative day of May Committee on House Administration: Continued hearings 25, 2001, providing for consideration or disposition on Voting Technology. Testimony was heard from of any measure to provide for reconciliation pursuant public witnesses. to section 104 of the concurrent resolution on the ANNUAL REPORT—U.S. COMMISSION ON budget for fiscal year 2002, any amendment thereto, INTERNATIONAL RELIGIOUS FREEDOM any conference report thereon, or any amendment re- ported in disagreement from a conference thereon. Committee on International Relations: Held a hearing on the Annual Report of the U.S. Commission on Inter- SAME DAY CONSIDERATION OF CERTAIN national Religious Freedom. Testimony was heard RESOLUTIONS REPORTED FROM THE from the following officials of the U.S. Commission COMMITTEE ON RULES on International Religious Freedom: Elliott Abrams, Committee on Rules: Committee granted, by voice Chairman; Rabbi David Saperstein, Laila Al- vote, a resolution waiving clause 6(a) of rule XIII Marayati, M.D., and Nina Shea, all Commissioners. (requiring a two-thirds vote to consider a rule on the CONSTITUTION AMENDMENT—PROHIBIT same day it is reported from the Rules Committee) PHYSICAL DESECRATION OF THE FLAG against certain resolutions reported from the Rules Committee. The resolution applies the waiver to any Committee on the Judiciary: Subcommittee on the Con- special rule reported on the legislative day of May stitution approved for full Committee action H. J. 26, 2001, providing for consideration or disposition Res. 36, proposing an amendment to the Constitu- of any measure to provide for reconciliation pursuant tion of the United States authorizing the Congress to section 104 of the concurrent resolution on the to prohibit the physical desecration of the flag of the budget for fiscal year 2002, any amendment thereto, United States. any conference report thereon, or any amendment re- FIGHTING CYBER CRIME ported in disagreement from a conference thereon. Committee on the Judiciary: Subcommittee on Crime POTENTIAL OF EXTENDED AND DOUBLE held an oversight hearing on ‘‘Fighting Cyber Crime: DAYLIGHT SAVINGS TIME Efforts by State and Local Officials.’’ Testimony was Committee on Science: Subcommittee on Energy held a heard from Ronald R. Stevens, Senior Investigator, hearing on Energy Conservation Potential of Ex- Bureau of Criminal Investigation, State Police, New tended and Double Daylight Savings Time. Testi- York; Michael T. McCaul, Deputy Attorney General, mony was heard from Representative Sherman; Linda

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Lawson, Acting Deputy Assistant Secretary, Policy, Adm. Patricia Tracey, USN, Deputy Secretary, Per- Department of Transportation; and a public witness. sonnel; Lt. Gen. Timothy Maude, USA, Deputy ELIMINATING THE DIGITAL DIVIDE Chief of Staff, Personnel, U.S. Army; Vice Adm. Norbert Ryan, USN, Chief of Naval Personnel, U.S. Committee on Small Business: Subcommittee on Regu- Navy; Lt. Gen. Garry L. Parks, USMC, Deputy latory Reform and Oversight and the Subcommittee Commandant, Manpower and Reserve Affairs, U.S. on Rural Enterprises, Agriculture and Technology Marine Corps; and Lt. Gen. Donald Peterson, USAF, held a joint hearing on Eliminating the Digital Di- Deputy Chief of Staff, Personnel, U.S. Air Force; vide—Who Will Wire Rural America? Testimony Rear Adm. R. Dennis Sirois, USCG, Director, Re- was heard from public witnesses. serve and Training, U.S. Coast Guard, Department AIRPORT RUNWAY CONSTRUCTION of Transportation; the following officials of the U.S. CHALLENGES Commission on National Security/21st Century: Committee on Transportation and Infrastructure: Sub- Gen. Charles Boyd, USAF (Ret.), Executive Director; committee on Aviation held a hearing on Airport and Adm. Harry D. Train II, USN (Ret.) member; Runway Construction Challenges. Testimony was representatives of veterans organizations; and a pub- heard from Jane F. Garvey, Administrator, FAA, De- lic witness. partment of Transportation; David Krietor, Aviation Hearings continue June 7. Director, Aviation Department, Phoenix, Arizona; f Virginia Buckingham, Executive Director and CEO, Massachusetts Port Authority; John Martin, Airport COMMITTEE MEETINGS FOR FRIDAY, Director, San Francisco International Airport; and MAY 25, 2001 public witnesses. (Committee meetings are open unless otherwise indicated) 21ST CENTURY MONTGOMERY GI BILL Senate ENHANCEMENT ACT No meetings/hearings scheduled. Committee on Veterans’ Affairs: Subcommittee on Bene- fits held a hearing on H.R. 1291, 21st Century House Montgomery GI Bill Enhancement Act. Testimony Committee on Energy and Commerce, to mark up H.R. was heard from Representative Pickering; the fol- 1647, Electricity Emergency Act of 2001, 9:30 a.m., lowing officials of the Department of Defense: Vice 2123 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, May 25 10 a.m., Friday, May 25

Senate Chamber House Chamber Program for Friday: After the recognition of two Sen- Program for Friday: Consideration of the Conference ators for speeches and the transaction of any morning Report on H.R. 1836, Economic Growth and Tax Relief business, Senate may consider the Tax Reconciliation Reconciliation Act (Subject to a Rule). Conference Report.

Extensions of Remarks, as inserted in this issue

HOUSE Evans, Lane, Ill., E923 Otter, C.L. ‘‘Butch’’, Idaho, E924 Hobson, David L., Ohio, E925 Quinn, Jack, N.Y., E934 Ballenger, Cass, N.C., E928 Hoeffel, Joseph M., Pa., E938 Radanovich, George, Calif., E921, E922 Barcia, James A., Mich., E927 Isakson, Johnny, Ga., E921 Reynolds, Thomas M., N.Y., E933, E935 Bereuter, Doug, Nebr., E930 Jones, Walter B., N.C., E922 Rogers, Mike, Mich., E929 Berkley, Shelley, Nev., E943 Kanjorski, Paul E., Pa., E927 Rush, Bobby L., Ill., E930 Bishop, Sanford D., Jr., Ga., E940 Kildee, Dale E., Mich., E940 Ryun, Jim, Kans., E922 Borski, Robert A., Pa., E926 Larson, John B., Conn., E940 Sawyer, Tom, Ohio, E937 Brown, Corrine, Fla., E929 Lee, Barbara, Calif., E936 Schiff, Adam B., Calif., E940 Burton, Dan, Ind., E928 McCarthy, Carolyn, N.Y., E926 Shaw, E. Clay, Jr., Fla., E937 Callahan, Sonny, Ala., E922 McInnis, Scott, Colo., E933, E934, E936, E938, E939 Smith, Nick, Mich., E943 Clement, Bob, Tenn., E938 McKeon, Howard P. ‘‘Buck’’, Calif., E923 Solis, Hilda L., Calif., E937 Coble, Howard, N.C., E921 Manzullo, Donald A., Ill., E938 Stark, Fortney Pete, Calif., E926 Collins, Mac, Ga., E931, E934 Meek, Carrie P., Fla., E928 Taylor, Charles H., N.C., E934 Condit, Gary A., Calif., E925, E941 Meeks, Gregory W., N.Y., E922 Thompson, Mike, Calif., E940 Cramer, Robert E. (Bud), Jr., Ala., E930, E932 Miller, Dan, Fla., E943 Thune, John R., S.D., E924 Davis, Susan, Calif., E935 Miller, George, Calif., E936 Underwood, Robert A., Guam, E930 Dreier, David, Calif., E943 Moakley, John Joseph, Mass., E933 Vitter, David, La., E938 Engel, Eliot L., N.Y., E931, E941 Nethercutt, George R., Jr., Wash., E924

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